[House Report 108-401]
[From the U.S. Government Publishing Office]
108th Congress
1st Session HOUSE OF REPRESENTATIVES Report
108-401
_______________________________________________________________________
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
to accompany
H.R. 2673
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 25, 2003.--Ordered to be printed
108th Congress 1st
Session HOUSE OF REPRESENTATIVES Report
108-401
_______________________________________________________________________
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
to accompany
H.R. 2673
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
November 25, 2003.--Ordered to be printed
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
2004, AND FOR OTHER PURPOSES
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-401
======================================================================
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
_______
November 25, 2003.--Ordered to be printed
_______
Mr. Young of Florida, from the Committee on conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 2673]
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.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$17,450,000.
Office of the Assistant Secretary for Administration
For necessary salaries and expenses of the Office of the
Assistant Secretary for Administration, $673,000.
Agriculture Buildings and Facilities and Rental Payments
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 486,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, as follows: for payments
to the General Services Administration, $123,910,000, and for
buildings operations and maintenance, $32,559,000, to remain
available until expended: Provided, That not to exceed 5
percent of amounts which are made available for space rental
and related costs for the Department of Agriculture in this Act
may be transferred between such appropriations to cover the
costs of new or replacement space 15 days after notice thereof
is transmitted to the Appropriations Committees of both Houses
of Congress.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $15,611,000, to remain available until expended:
Provided, That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on Federal
and non-Federal lands.
Departmental Administration
(INCLUDING TRANSFERS OF FUNDS)
For Departmental Administration, $23,031,000, to provide
for necessary expenses for management support services to
offices of the Department and for general administration,
security, repairs and alterations, and other miscellaneous
supplies and expenses not otherwise provided for and necessary
for the practical and efficient work of the Department:
Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558.
Office of the Assistant Secretary for Congressional Relations
(INCLUDING TRANSFERS OF FUNDS)
For necessary salaries and expenses of the Office of the
Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch, $3,796,000: Provided, That these funds may be
transferred to agencies of the Department of Agriculture funded
by this Act to maintain personnel at the agency level: Provided
further, That no funds made available by this appropriation may
be obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation of
these funds by USDA agency: Provided further, That no other
funds appropriated to the Department by this Act shall be
available to the Department for support of activities of
congressional relations.
Office of Communications
For necessary expenses to carry out services relating to
the coordination of programs involving public affairs, for the
dissemination of agricultural information, and the coordination
of information, work, and programs authorized by Congress in
the Department, $9,228,000: Provided, That not to exceed
$2,000,000 may be used for farmers' bulletins.
Office of the Inspector General
For necessary expenses of the Office of the Inspector
General, including employment pursuant to the Inspector General
Act of 1978, $77,281,000, including such sums as may be
necessary for contracting and other arrangements with public
agencies and private persons pursuant to section 6(a)(9) of the
Inspector General Act of 1978, and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to Public Law 95-
452 and section 1337 of Public Law 97-98.
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $34,700,000.
Office of the Under Secretary for Research, Education and Economics
For necessary salaries and expenses of the Office of the
Under Secretary for Research, Education and Economics to
administer the laws enacted by the Congress for the Economic
Research Service, the National Agricultural Statistics Service,
the Agricultural Research Service, and the Cooperative State
Research, Education, and Extension Service, $596,000.
Economic Research Service
For necessary expenses of the Economic Research Service in
conducting economic research and analysis, as authorized by the
Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and
other laws, $71,402,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service in conducting statistical reporting and
service work, including crop and livestock estimates,
statistical coordination and improvements, marketing surveys,
and the Census of Agriculture, as authorized by 7 U.S.C. 1621-
1627 and 2204g, and other laws, $128,922,000, of which up to
$25,279,000 shall be available until expended for the Census of
Agriculture.
Agricultural Research Service
SALARIES AND EXPENSES
For necessary expenses to enable the Agricultural Research
Service to perform agricultural research and demonstration
relating to production, utilization, marketing, and
distribution (not otherwise provided for); home economics or
nutrition and consumer use including the acquisition,
preservation, and dissemination of agricultural information;
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,088,892,000: Provided,
That appropriations hereunder shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the
cost of constructing any one building shall not exceed
$375,000, except for headhouses or greenhouses which shall each
be limited to $1,200,000, and except for 10 buildings to be
constructed or improved at a cost not to exceed $750,000 each,
and the cost of altering any one building during the fiscal
year shall not exceed 10 percent of the current replacement
value of the building or $375,000, whichever is greater:
Provided further, That the limitations on alterations contained
in this Act shall not apply to modernization or replacement of
existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
funds may be received from any State, other political
subdivision, organization, or individual for the purpose of
establishing or operating any research facility or research
project of the Agricultural Research Service, as authorized by
law: Provided further, That all rights and title of the United
States in the 1.0664-acre parcel of land including
improvements, as recorded at Book 1320, Page 253, records of
Larimer County, State of Colorado, shall be conveyed to the
Board of Governors of the Colorado State University for the
benefit of Colorado State University.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products.
BUILDINGS AND FACILITIES
For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or
facilities as necessary to carry out the agricultural research
programs of the Department of Agriculture, where not otherwise
provided, $63,810,000, to remain available until expended.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $621,447,000, as follows: to carry out the
provisions of the Hatch Act of 1887 (7 U.S.C. 361a-i),
$180,148,000; for grants for cooperative forestry research (16
U.S.C. 582a through a-7), $21,884,000; for payments to the 1890
land-grant colleges, including Tuskegee University and West
Virginia State College (7 U.S.C. 3222), $36,000,000, of which
$1,507,496 shall be made available only for the purpose of
ensuring that each institution shall receive no less than
$1,000,000; for special grants for agricultural research (7
U.S.C. 450i(c)), $111,312,000; for special grants for
agricultural research on improved pest control (7 U.S.C.
450i(c)), $13,675,000; for competitive research grants (7
U.S.C. 450i(b)), $165,000,000; for the support of animal health
and disease programs (7 U.S.C. 3195), $4,559,000; for
supplemental and alternative crops and products (7 U.S.C.
3319d), $1,069,000; for grants for research pursuant to the
Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),
$1,118,000, to remain available until expended; for the 1994
research grants program for 1994 institutions pursuant to
section 536 of Public Law 103-382 (7 U.S.C. 301 note),
$1,093,000, to remain available until expended; for rangeland
research grants (7 U.S.C. 3333), $900,000; for higher education
graduate fellowship grants (7 U.S.C. 3152(b)(6)), $2,900,000,
to remain available until expended (7 U.S.C. 2209b); for higher
education challenge grants (7 U.S.C. 3152(b)(1)), $4,888,000;
for a higher education multicultural scholars program (7 U.S.C.
3152(b)(5)), $992,000, to remain available until expended (7
U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $4,673,000; for
noncompetitive grants for the purpose of carrying out all
provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78)
to individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded
equally to each of the States of Alaska and Hawaii, $3,150,000;
for a secondary agriculture education program and 2-year post-
secondary education (7 U.S.C. 3152(j)), $895,000; for
aquaculture grants (7 U.S.C. 3322), $4,024,000; for sustainable
agriculture research and education (7 U.S.C. 5811),
$12,295,000; for a program of capacity building grants (7
U.S.C. 3152(b)(4)) to colleges eligible to receive funds under
the Act of August 30, 1890 (7 U.S.C. 321-326 and 328),
including Tuskegee University and West Virginia State College,
$11,479,000, to remain available until expended (7 U.S.C.
2209b); for payments to the 1994 Institutions pursuant to
section 534(a)(1) of Public Law 103-382, $1,689,000; and for
necessary expenses of Research and Education Activities,
$37,704,000.
None of the funds appropriated under this heading shall be
available to carry out research related to the production,
processing or marketing of tobacco or tobacco products:
Provided, That this paragraph shall not apply to research on
the medical, biotechnological, food, and industrial uses of
tobacco.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$9,000,000.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas,
and American Samoa, $441,731,000, as follows: payments for
cooperative extension work under the Smith-Lever Act, to be
distributed under sections 3(b) and 3(c) of said Act, and under
section 208(c) of Public Law 93-471, for retirement and
employees' compensation costs for extension agents,
$279,390,000; payments for extension work at the 1994
Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)),
$2,946,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act,
$52,366,000; payments for the pest management program under
section 3(d) of the Act, $9,620,000; payments for the farm
safety program under section 3(d) of the Act, $4,940,000;
payments to upgrade research, extension, and teaching
facilities at the 1890 land-grant colleges, including Tuskegee
University and West Virginia State College, as authorized by
section 1447 of Public Law 95-113 (7 U.S.C. 3222b),
$15,000,000, to remain available until expended; payments for
youth-at-risk programs under section 3(d) of the Smith-Lever
Act, $7,583,000; for youth farm safety education and
certification extension grants, to be awarded competitively
under section 3(d) of the Act, $446,000; payments for carrying
out the provisions of the Renewable Resources Extension Act of
1978 (16 U.S.C. 1671 et seq.), $4,064,000; payments for Indian
reservation agents under section 3(d) of the Smith-Lever Act,
$1,785,000; payments for sustainable agriculture programs under
section 3(d) of the Act, $4,359,000; payments for rural health
and safety education as authorized by section 502(i) of Public
Law 92-419 (7 U.S.C. 2662(i)), $2,345,000; payments for
cooperative extension work by the colleges receiving the
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328)
and Tuskegee University and West Virginia State College,
$31,908,000, of which $1,724,884 shall be made available only
for the purpose of ensuring that each institution shall receive
no less than $1,000,000; for grants to youth organizations
pursuant to section 7630 of title 7, United States Code,
$2,683,000; and for necessary expenses of Extension Activities,
$22,296,000.
INTEGRATED ACTIVITIES
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$50,493,000, as follows: for competitive grants programs
authorized under section 406 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7626),
$39,793,000, including $11,598,000 for the water quality
program, $13,384,000 for the food safety program, $4,052,000
for the regional pest management centers program, $4,371,000
for the Food Quality Protection Act risk mitigation program for
major food crop systems, $1,338,000 for the crops affected by
Food Quality Protection Act implementation, $3,150,000 for the
methyl bromide transition program, and $1,900,000 for the
organic transition program; for a competitive international
science and education grants program authorized under section
1459A of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $900,000; for grants programs
authorized under section 2(c)(1)(B) of Public Law 89-106, as
amended, $1,800,000, including $447,000, to remain available
until September 30, 2005 for the critical issues program, and
$1,353,000 for the regional rural development centers program;
and $8,000,000 for the homeland security program authorized
under section 1484 of the National Agricultural Research,
Extension, and Teaching Act of 1977, to remain available until
September 30, 2005.
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
For grants and contracts pursuant to section 2501 of the
Food, Agriculture, Conservation, and Trade Act of 1990 (7
U.S.C. 2279), $5,970,000, to remain available until expended.
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary salaries and expenses of the Office of the
Under Secretary for Marketing and Regulatory Programs to
administer programs under the laws enacted by the Congress for
the Animal and Plant Health Inspection Service; the
Agricultural Marketing Service; and the Grain Inspection,
Packers and Stockyards Administration; $725,000.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For expenses, not otherwise provided for, necessary to
prevent, control, and eradicate pests and plant and animal
diseases; to carry out inspection, quarantine, and regulatory
activities; and to protect the environment, as authorized by
law, $720,580,000, of which $4,112,000 shall be available for
the control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds to the
extent necessary to meet emergency conditions; of which
$51,000,000 shall be used for the boll weevil eradication
program for cost share purposes or for debt retirement for
active eradication zones: Provided, That no funds shall be used
to formulate or administer a brucellosis eradication program
for the current fiscal year that does not require minimum
matching by the States of at least 40 percent: Provided
further, That this appropriation shall be available for the
operation and maintenance of aircraft and the purchase of not
to exceed four, of which two shall be for replacement only:
Provided further, That, in addition, in emergencies which
threaten any segment of the agricultural production industry of
this country, the Secretary may transfer from other
appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with such
transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250)
for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
In fiscal year 2004, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance,
goods, or services provided to the entity by the agency, and
such fees shall be credited to this account, to remain
available until expended, without further appropriation, for
providing such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
428a, $4,996,000, to remain available until expended.
Agricultural Marketing Service
MARKETING SERVICES
For necessary expenses to carry out services related to
consumer protection, agricultural marketing and distribution,
transportation, and regulatory programs, as authorized by law,
and for administration and coordination of payments to States,
$75,430,000, including funds for the wholesale market
development program for the design and development of wholesale
and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building: Provided further, That, in the case of the term of
protection for the variety for which certificate number 8200179
was issued, on the date of enactment of this Act, the Secretary
of Agriculture shall issue a new certificate for a term of
protection of 10 years for the variety, except that the
Secretary may terminate the certificate (at the end of any
calendar year that is more than 5 years after the date of
issuance of the certificate) if the Secretary determines that a
new variety of seed (that is substantially based on the
genetics of the variety for which the certificate was issued)
is commercially viable and available in sufficient quantities
to meet market demands.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $62,577,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of August
8, 1956; (2) transfers otherwise provided in this Act; and (3)
not more than $15,392,000 for formulation and administration of
marketing agreements and orders pursuant to the Agricultural
Marketing Agreement Act of 1937 and the Agricultural Act of
1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $3,338,000, of which not less
than $2,000,000 shall be used to make noncompetitive grants
under this heading.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the
United States Grain Standards Act, for the administration of
the Packers and Stockyards Act, for certifying procedures used
to protect purchasers of farm products, and the standardization
activities related to grain under the Agricultural Marketing
Act of 1946, $35,890,000: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $42,463,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary salaries and expenses of the Office of the
Under Secretary for Food Safety to administer the laws enacted
by the Congress for the Food Safety and Inspection Service,
$599,000.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $50,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $784,511,000, of which no less than
$701,823,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this
account from fees collected for the cost of laboratory
accreditation as authorized by section 1327 of the Food,
Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
138f): Provided, That no fewer than 50 full time equivalent
positions above the fiscal year 2002 level shall be employed
during fiscal year 2004 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of
Slaughter Act: Provided further, That this appropriation shall
be available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Office of the Under Secretary for Farm and Foreign Agricultural
Services
For necessary salaries and expenses of the Office of the
Under Secretary for Farm and Foreign Agricultural Services to
administer the laws enacted by Congress for the Farm Service
Agency, the Foreign Agricultural Service, the Risk Management
Agency, and the Commodity Credit Corporation, $635,000.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs administered by the Farm Service
Agency, $988,768,000: Provided, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to make
program payments for all programs administered by the Agency:
Provided further, That other funds made available to the Agency
for authorized activities may be advanced to and merged with
this account.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,974,000.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, $100,000, to remain available
until expended: Provided, That such program is carried out by
the Secretary in the same manner as the dairy indemnity program
described in the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387, 114 Stat. 1549A-12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, Indian tribe land
acquisition loans (25 U.S.C. 488), and boll weevil loans (7
U.S.C. 1989), to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$1,079,158,000, of which $950,000,000 shall be for guaranteed
loans and $129,158,000 shall be for direct loans; operating
loans, $2,083,752,000, of which $1,200,000,000 shall be for
unsubsidized guaranteed loans, $266,249,000 shall be for
subsidized guaranteed loans and $617,503,000 shall be for
direct loans; Indian tribe land acquisition loans, $2,000,000;
and for boll weevil eradication program loans, $100,000,000.
For the cost of direct and guaranteed loans, including the
cost of modifying loans as defined in section 502 of the
Congressional Budget Act of 1974, as follows: farm ownership
loans, $33,648,000, of which $5,130,000 shall be for guaranteed
loans, and $28,518,000 shall be for direct loans; operating
loans, $163,004,000, of which $39,960,000 shall be for
unsubsidized guaranteed loans, $34,000,000 shall be for
subsidized guaranteed loans, and $89,044,000 shall be for
direct loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $290,968,000, of
which $283,020,000 shall be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership and operating
direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in
advance of any transfer.
Risk Management Agency
For administrative and operating expenses, as authorized by
section 226A of the Department of Agriculture Reorganization
Act of 1994 (7 U.S.C. 6933), $71,422,000: Provided, That not to
exceed $1,000 shall be available for official reception and
representation expenses, as authorized by 7 U.S.C. 1506(i).
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11).
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of section
107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42
U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
For necessary salaries and expenses of the Office of the
Under Secretary for Natural Resources and Environment to
administer the laws enacted by the Congress for the Forest
Service and the Natural Resources Conservation Service,
$745,000.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of measures
to conserve soil and water (including farm irrigation and land
drainage and such special measures for soil and water
management as may be necessary to prevent floods and the
siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of
information; acquisition of lands, water, and interests therein
for use in the plant materials program by donation, exchange,
or purchase at a nominal cost not to exceed $100 pursuant to
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and
erection or alteration or improvement of permanent and
temporary buildings; and operation and maintenance of aircraft,
$853,004,000, to remain available until expended (7 U.S.C.
2209b), of which not less than $9,250,000 is for snow survey
and water forecasting, and not less than $11,500,000 is for
operation and establishment of the plant materials centers, and
of which not less than $23,500,000 shall be for the grazing
lands conservation initiative: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected on
non-Federal land, that the right to use such land is obtained
as provided in 7 U.S.C. 2250a: Provided further, That this
appropriation shall be available for technical assistance and
related expenses to carry out programs authorized by section
202(c) of title II of the Colorado River Basin Salinity Control
Act of 1974 (43 U.S.C. 1592(c)): Provided further, That
qualified local engineers may be temporarily employed at per
diem rates to perform the technical planning work of the
Service: Provided further, That none of the funds made
available under this paragraph by this or any other
appropriations Act may be used to provide technical assistance
with respect to programs listed in section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)).
WATERSHED SURVEYS AND PLANNING
For necessary expenses to conduct research, investigation,
and surveys of watersheds of rivers and other waterways, and
for small watershed investigations and planning, in accordance
with the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001-1009), $10,562,000: Provided, That none of the
funds made available under this paragraph by this or any other
appropriations Act may be used to provide technical assistance
with respect to programs listed in section 1241(a) of the Food
Security Act of 1985 (16 U.S.C. 3841(a)).
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to research, engineering operations,
methods of cultivation, the growing of vegetation,
rehabilitation of existing works and changes in use of land, in
accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001-1005 and 1007-1009), the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance
with the provisions of laws relating to the activities of the
Department, $87,000,000, to remain available until expended; of
which up to $10,000,000 may be available for the watersheds
authorized under the Flood Control Act (33 U.S.C. 701 and 16
U.S.C. 1006a): Provided, That not to exceed $40,000,000 of this
appropriation shall be available for technical assistance:
Provided further, That not to exceed $1,000,000 of this
appropriation is available to carry out the purposes of the
Endangered Species Act of 1973 (Public Law 93-205), including
cooperative efforts as contemplated by that Act to relocate
endangered or threatened species to other suitable habitats as
may be necessary to expedite project construction: Provided
further, That none of the funds made available under this
paragraph by this or any other appropriations Act may be used
to provide technical assistance with respect to programs listed
in section 1241(a) of the Food Security Act of 1985 (16 U.S.C.
3841(a)).
WATERSHED REHABILITATION PROGRAM
For necessary expenses to carry out rehabilitation of
structural measures, in accordance with section 14 of the
Watershed Protection and Flood Prevention Act (16 U.S.C. 1012),
and in accordance with the provisions of laws relating to the
activities of the Department, $29,805,000, to remain available
until expended: Provided, That none of the funds made available
under this paragraph by this or any other appropriations Act
may be used to provide technical assistance with respect to
programs listed in section 1241(a) of the Food Security Act of
1985 (16 U.S.C. 3841(a)).
RESOURCE CONSERVATION AND DEVELOPMENT
For necessary expenses in planning and carrying out
projects for resource conservation and development and for
sound land use pursuant to the provisions of sections 31 and 32
of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76
Stat. 607); the Act of April 27, 1935 (16 U.S.C. 590a-f); and
subtitle H of title XV of the Agriculture and Food Act of 1981
(16 U.S.C. 3451-3461), $51,947,000, to remain available until
expended: Provided, That none of the funds made available under
this paragraph by this or any other appropriations Act may be
used to provide technical assistance with respect to programs
listed in section 1241(a) of the Food Security Act of 1985 (16
U.S.C. 3841(a)): Provided further, That the Secretary shall
enter into a cooperative or contribution agreement with a
national association regarding a Resource Conservation and
Development program and such agreement shall contain the same
matching, contribution requirements, and funding level, set
forth in a similar cooperative or contribution agreement with a
national association in fiscal year 2002: Provided further,
That not to exceed $3,504,300, the same amount as in the
budget, shall be available for national headquarters
activities.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
For necessary salaries and expenses of the Office of the
Under Secretary for Rural Development to administer programs
under the laws enacted by the Congress for the Rural Housing
Service, the Rural Business-Cooperative Service, and the Rural
Utilities Service of the Department of Agriculture, $636,000.
RURAL COMMUNITY ADVANCEMENT PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
For the cost of direct loans, loan guarantees, and grants,
as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932,
except for sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act, $757,425,000, to remain available
until expended, of which $75,919,000 shall be for rural
community programs described in section 381E(d)(1) of such Act;
of which $605,006,000 shall be for the rural utilities programs
described in sections 381E(d)(2), 306C(a)(2), and 306D of such
Act, of which not to exceed $500,000 shall be available for the
rural utilities program described in section 306(a)(2)(B) of
such Act, and of which not to exceed $1,000,000 shall be
available for the rural utilities program described in section
306E of such Act; and of which $76,500,000 shall be for the
rural business and cooperative development programs described
in sections 381E(d)(3) and 310B(f) of such Act: Provided, That
of the amount appropriated for rural business and cooperative
development programs, $100,000 shall be for a pilot program in
the State of Alaska to assist communities with community
planning: Provided further, That of the total amount
appropriated in this account, $24,000,000 shall be for loans
and grants to benefit Federally Recognized Native American
Tribes, including grants for drinking water and waste disposal
systems pursuant to section 306C of such Act, of which
$4,000,000 shall be available for community facilities grants
to tribal colleges, as authorized by section 306(a)(19) of the
Consolidated Farm and Rural Development Act, and of which
$250,000 shall be available for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That of the amount appropriated for rural
community programs, $6,000,000 shall be available for a Rural
Community Development Initiative: Provided further, That such
funds shall be used solely to develop the capacity and ability
of private, nonprofit community-based housing and community
development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake
projects to improve housing, community facilities, community
and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified
private, nonprofit and public intermediary organizations
proposing to carry out a program of financial and technical
assistance: Provided further, That such intermediary
organizations shall provide matching funds from other sources,
including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the
amount appropriated for the rural business and cooperative
development programs, not to exceed $500,000 shall be made
available for a grant to a qualified national organization to
provide technical assistance for rural transportation in order
to promote economic development; $1,750,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 1921 et seq.); and
not less than $2,000,000 shall be available for grants in
accordance with section 310B(f) of the Consolidated Farm and
Rural Development Act: Provided further, That of the amount
appropriated for rural utilities programs, not to exceed
$25,000,000 shall be for water and waste disposal systems to
benefit the Colonias along the United States/Mexico border,
including grants pursuant to section 306C of such Act; not to
exceed $28,000,000 shall be for water and waste disposal
systems for rural and native villages in Alaska pursuant to
section 306D of such Act, with up to 1 percent available to
administer the program and up to 1 percent available to improve
interagency coordination may be transferred to and merged with
the appropriation for ``Rural Development, Salaries and
Expenses'', of which $100,000 shall be provided to develop a
regional system for centralized billing, operation, and
management of rural water and sewer utilities through regional
cooperatives, of which 25 percent shall be provided for water
and sewer projects in regional hubs, and the State of Alaska
shall provide a 25 percent cost share; not to exceed
$17,733,000 shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of such
Act, of which $5,513,000 shall be for Rural Community
Assistance Programs; and not to exceed $13,000,000 shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That of the amount appropriated for
the circuit rider program, Alaska shall receive two additional
full circuit rider contracts and not less than $750,000 shall
be for contracting with qualified national organizations to
establish a Native American circuit rider program to provide
technical assistance for rural water systems: Provided further,
That of the total amount appropriated, not to exceed
$22,132,000 shall be available through June 30, 2004, for
authorized empowerment zones and enterprise communities and
communities designated by the Secretary of Agriculture as Rural
Economic Area Partnership Zones; of which $1,000,000 shall be
for the rural community programs described in section
381E(d)(1) of such Act, of which $12,582,000 shall be for the
rural utilities programs described in section 381E(d)(2) of
such Act, and of which $8,550,000 shall be for the rural
business and cooperative development programs described in
section 381E(d)(3) of such Act: Provided further, That of the
amount appropriated for rural community programs, not to exceed
$22,000,000 shall be to provide grants for facilities in rural
communities with extreme unemployment and severe economic
depression (Public Law 106-387), with 5 percent for
administration and capacity building in the State rural
development offices: Provided further, That of the amount
appropriated, $28,000,000 shall be transferred to and merged
with the ``Rural Utilities Service, High Energy Cost Grants
Account'' to provide grants authorized under section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided
further, That any prior year balances for high cost energy
grants authorized by section 19 of the Rural Electrification
Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and
merged with the ``Rural Utilities Service, High Energy Costs
Grants Account''.
Rural Development Salaries and Expenses
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the
development and operation of agricultural cooperatives; and for
cooperative agreements;$141,869,000: Provided, That
notwithstanding any other provision of law, funds appropriated
under this section may be used for advertising and promotional
activities that support the Rural Development mission area:
Provided further, That not more than $10,000 may be expended to
provide modest nonmonetary awards to non-USDA employees:
Provided further, That any balances available from prior years
for the Rural Utilities Service, Rural Housing Service, and the
Rural Business-Cooperative Service salaries and expenses
accounts shall be transferred to and merged with this
appropriation.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $4,091,634,000 for loans to section
502 borrowers, as determined by the Secretary, of which
$1,366,462,000 shall be for direct loans, and of which
$2,725,172,000 shall be for unsubsidized guaranteed loans;
$35,004,000 for section 504 housing repair loans; $116,545,000
for section 515 rental housing; $100,000,000 for section 538
guaranteed multi-family housing loans; $5,045,000 for section
524 site loans; $11,500,000 for credit sales of acquired
property, of which up to $1,500,000 may be for multi-family
credit sales; and $2,400,000 for section 523 self-help housing
land development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $165,921,000, of which $126,018,000 shall be for direct
loans, and of which $39,903,000, to remain available until
expended, shall be for unsubsidized guaranteed loans; section
504 housing repair loans, $9,612,000; section 515 rental
housing, $50,126,000; section 538 multi-family housing
guaranteed loans, $5,950,000; multi-family credit sales of
acquired property, $663,000; and section 523 self-help housing
land development loans, $75,000: Provided, That of the total
amount appropriated in this paragraph, $7,100,000 shall be
available through June 30, 2004, for authorized empowerment
zones and enterprise communities and communities designated by
the Secretary of Agriculture as Rural Economic Area Partnership
Zones.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $443,302,000,
which shall be transferred to and merged with the appropriation
for ``Rural Development, Salaries and Expenses''.
RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for
eligible households as authorized by section 502(c)(5)(D) of
the Housing Act of 1949, $584,000,000; and, in addition, such
sums as may be necessary, as authorized by section 521(c) of
the Act, to liquidate debt incurred prior to fiscal year 1992
to carry out the rental assistance program under section
521(a)(2) of the Act: Provided, That of this amount, not more
than $5,900,000 shall be available for debt forgiveness or
payments for eligible households as authorized by section
502(c)(5)(D) of the Act, and not to exceed $20,000 per project
for advances to nonprofit organizations or public agencies to
cover direct costs (other than purchase price) incurred in
purchasing projects pursuant to section 502(c)(5)(C) of the
Act: Provided further, That agreements entered into or renewed
during the current fiscal year shall be funded for a 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.
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Insured loans pursuant to the authority of section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
made as follows: 5 percent rural electrification loans,
$240,000,000; municipal rate rural electric loans,
$1,000,000,000; loans made pursuant to section 306 of that Act,
rural electric, $2,000,000,000; Treasury rate direct electric
loans, $750,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$250,000,000; loans made pursuant to section 306 of that Act,
rural telecommunications loans, $120,000,000; and for
guaranteed underwriting loans pursuant to section 313A,
$1,000,000,000.
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, including the cost of
modifying loans, of direct and guaranteed loans authorized by
sections 305 and 306 of the Rural Electrification Act of 1936
(7 U.S.C. 935 and 936), as follows: cost of rural electric
loans, $60,000, and the cost of telecommunication loans,
$125,000: Provided, That notwithstanding section 305(d)(2) of
the Rural Electrification Act of 1936, borrower interest rates
may exceed 7 percent per year.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $37,853,000 which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
RURAL TELEPHONE BANK PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such
corporation in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as may be necessary in carrying out its authorized
programs. During fiscal year 2004 and within the resources and
authority available, gross obligations for the principal amount
of direct loans shall be $173,503,000.
In addition, for administrative expenses, including audits,
necessary to carry out the loan programs, $3,171,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of direct distance learning and
telemedicine loans, $300,000,000; and for the principal amount
of direct broadband telecommunication loans, $602,000,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$39,000,000, to remain available until expended: Provided, That
$14,000,000 shall be made available to convert analog to
digital operation those noncommercial educational television
broadcast stations that serve rural areas and are qualified for
Community Service Grants by the Corporation for Public
Broadcasting under section 396(k) of the Communications Act of
1934, including associated translators, repeaters, and studio-
to-transmitter links.
For the cost of broadband loans, as authorized by 7 U.S.C.
901 et seq., $13,116,000: Provided, That the interest rate for
such loans shall be the cost of borrowing to the Department of
the Treasury for obligations of comparable maturity: Provided
further, That the cost of direct loans shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, $9,000,000, to remain available until
expended, for a grant program to finance broadband transmission
in rural areas eligible for Distance Learning and Telemedicine
Program benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
For necessary salaries and expenses of the Office of the
Under Secretary for Food, Nutrition and Consumer Services to
administer the laws enacted by the Congress for the Food and
Nutrition Service, $599,000.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the National School
Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except
sections 17 and 21; $11,417,441,000, to remain available
through September 30, 2005, of which $6,717,780,000 is hereby
appropriated and $4,699,661,000 shall be derived by transfer
from funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c): Provided, That $5,000,000 shall be
available for the Food and Nutrition Service to conduct a study
of over and under certification errors and the effect on
expenditures in the National School Lunch and School Breakfast
Programs and an assessment of the feasibility of using income
data matching in those programs: Provided further, That except
as specifically provided under this heading, none of the funds
made available under this heading shall be used for studies and
evaluations: Provided further, That up to $5,235,000 shall be
available for independent verification of school food service
claims.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$4,639,232,000, to remain available through September 30, 2005:
Provided, That of the total amount available, the Secretary
shall obligate not less than $15,000,000 for a breastfeeding
support initiative in addition to the activities specified in
section 17(h)(3)(A) and up to $25,000,000 for a management
information system initiative upon a determination by the
Secretary that funds are available to meet caseload
requirements: Provided further, That up to $4,000,000 shall be
available for pilot projects to prevent childhood obesity upon
a determination by the Secretary that funds are available to
meet caseload requirements: Provided further, That of the total
amount available, the Secretary shall obligate $23,000,000 for
the farmers' market nutrition program: Provided further, That
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000
shall be available for the purposes specified in section
17(h)(10)(B): Provided further, That none of the funds made
available under this heading shall be used for studies and
evaluations: Provided further, That none of the funds in this
Act shall be available to pay administrative expenses of WIC
clinics except those that have an announced policy of
prohibiting smoking within the space used to carry out the
program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant
formula except in accordance with the cost containment and
competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless
authorized by section 17 of such Act.
FOOD STAMP PROGRAM
For necessary expenses to carry out the Food Stamp Act (7
U.S.C. 2011 et seq.), $30,945,981,000, of which $3,000,000,000
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program
operations: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations:
Provided further, That of the funds made available under this
heading and not already appropriated to the Food Distribution
Program on Indian Reservations (FDPIR) established under
section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)),
not to exceed $4,000,000 shall be used to purchase bison meat
for the FDPIR from Native American bison producers as well as
from producer-owned cooperatives of bison ranchers: Provided
further, That funds provided herein shall be expended in
accordance with section 16 of the Food Stamp Act: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for Employment
and Training under this heading shall remain available until
expended, as authorized by section 16(h)(1) of the Food Stamp
Act.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the commodity supplemental food program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; and special assistance (in a form determined by the
Secretary of Agriculture) for the nuclear affected islands, as
authorized by section 103(h)(2) of the Compact of Free
Association Act of 1985 (48 U.S.C. 1903(h)(2)) (or a successor
law), $150,000,000, to remain available through September 30,
2005: Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program.
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the domestic
nutrition assistance programs funded under this Act,
$138,304,000, of which $5,000,000 shall be available only for
simplifying procedures, reducing overhead costs, tightening
regulations, improving food stamp benefit delivery, and
assisting in the prevention, identification, and prosecution of
fraud and other violations of law; and of which not less than
$4,000,000 shall be available to improve integrity in the Food
Stamp and Child Nutrition programs.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954
(7 U.S.C. 1761-1769), market development activities abroad, and
for enabling the Secretary to coordinate and integrate
activities of the Department in connection with foreign
agricultural work, including not to exceed $158,000 for
representation allowances and for expenses pursuant to section
8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$132,148,000: Provided, That the Service may utilize advances
of funds, or reimburse this appropriation for expenditures made
on behalf of Federal agencies, public and private organizations
and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C.
1737) and the foreign assistance programs of the United States
Agency for International Development.
PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of agreements under the
Agricultural Trade Development and Assistance Act of 1954, and
the Food for Progress Act of 1985, including the cost of
modifying credit arrangements under said Acts, $103,887,000, to
remain available until expended.
In addition, for administrative expenses to carry out the
credit program of title I, Public Law 83-480, and the Food for
Progress Act of 1985, to the extent funds appropriated for
Public Law 83-480 are utilized, $2,134,000, of which $1,075,000
may be transferred to and merged with the appropriation for
``Foreign Agricultural Service, Salaries and Expenses'', and of
which $1,059,000 may be transferred to and merged with the
appropriation for ``Farm Service Agency, Salaries and
Expenses''.
PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS
(INCLUDING TRANSFER OF FUNDS)
For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural
Trade Development and Assistance Act of 1954 and under the Food
for Progress Act of 1985, $28,000,000, to remain available
until expended: Provided, That funds made available for the
cost of agreements under title I of the Agricultural Trade
Development and Assistance Act of 1954 and for title I ocean
freight differential may be used interchangeably between the
two accounts with prior notice to the Committees on
Appropriations of both Houses of Congress.
PUBLIC LAW 480 TITLE II GRANTS
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Agricultural Trade Development and
Assistance Act of 1954, for commodities supplied in connection
with dispositions abroad under title II of said Act,
$1,192,000,000, to remain available until expended.
MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $50,000,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to
reimbursement from amounts provided herein.
COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity
Credit Corporation's export guarantee program, GSM 102 and GSM
103, $4,152,000; to cover common overhead expenses as permitted
by section 11 of the Commodity Credit Corporation Charter Act
and in conformity with the Federal Credit Reform Act of 1990,
of which $3,306,000 may be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $846,000 may be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
TITLE VI
RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $1,673,441,000: Provided, That of the amount provided
under this heading, $249,825,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and
shall be credited to this account and remain available until
expended; $31,654,000 shall be derived from medical device user
fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; and
$5,000,000 shall be derived from animal drug user fees (subject
to enactment of legislation authorizing such fees), and shall
be credited to this account and remain available until
expended: Provided further, That fees derived from prescription
drug, medical device, and animal drug assessments received
during fiscal year 2004, including any such fees assessed prior
to the current fiscal year but credited during the current
year, shall be subject to the fiscal year 2004 limitation:
Provided further, That none of these funds shall be used to
develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the
total amount appropriated: (1) $413,112,000 shall be for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$477,966,000 shall be for the Center for Drug Evaluation and
Research and related field activities in the Office of
Regulatory Affairs; (3) $169,429,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4) $89,396,000
shall be for the Center for Veterinary Medicine and for related
field activities in the Office of Regulatory Affairs; (5)
$209,420,000 shall be for the Center for Devices and
Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $39,887,000 shall be for the
National Center for Toxicological Research; (7) $39,276,000
shall be for Rent and Related activities, other than the
amounts paid to the General Services Administration for rent;
(8) $119,594,000 shall be for payments to the General Services
Administration for rent; and (9) $115,361,000 shall be for
other activities, including the Office of the Commissioner; the
Office of Management and Systems; the Office of External
Relations; the Office of Policy and Planning; and central
services for these offices: Provided further, That funds may be
transferred from one specified activity to another with the
prior approval of the Committees on Appropriations of both
Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b may be credited to this account, to remain available until
expended.
In addition, export certification user fees authorized by
21 U.S.C. 381 may be credited to this account, to remain
available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of or
used by the Food and Drug Administration, where not otherwise
provided, $7,000,000 to remain available until expended.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases) in the District of
Columbia and elsewhere, $90,435,000, including not to exceed
$3,000 for official reception and representation expenses.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $40,900,000 (from assessments collected from
farm credit institutions and from the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically
provided for, of not to exceed 398 passenger motor vehicles, of
which 396 shall be for replacement only, and for the hire of
such vehicles.
Sec. 702. Funds in this Act available to the Department of
Agriculture shall be available for uniforms or allowances
therefor as authorized by law (5 U.S.C. 5901-5902).
Sec. 703. Funds appropriated by this Act shall be available
for employment pursuant to the second sentence of section
706(a) of the Department of Agriculture Organic Act of 1944 (7
U.S.C. 2225) and 5 U.S.C. 3109.
Sec. 704. The Secretary of Agriculture may transfer
unobligated balances of discretionary funds appropriated by
this Act or other available unobligated discretionary balances
of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary
for the delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture: Provided, That none of the funds
made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without the prior approval of the Committees on Appropriations
of both Houses of Congress.
Sec. 705. New obligational authority provided for the
following appropriation items in this Act shall remain
available until expended: Animal and Plant Health Inspection
Service, the contingency fund to meet emergency conditions,
information technology infrastructure, fruit fly program,
emerging plant pests, boll weevil program, and up to 25 percent
of the screwworm program; Food Safety and Inspection Service,
field automation and information management project;
Cooperative State Research, Education, and Extension Service,
funds for competitive research grants (7 U.S.C. 450i(b)), funds
for the Research, Education, and Economics Information System
(REEIS), and funds for the Native American Institutions
Endowment Fund; Farm Service Agency, salaries and expenses
funds made available to county committees; Foreign Agricultural
Service, middle-income country training program and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to documentation
by the Foreign Agricultural Service.
Sec. 706. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 707. Not to exceed $50,000 of the appropriations
available to the Department of Agriculture in this Act shall be
available to provide appropriate orientation and language
training pursuant to section 606C of the Act of August 28, 1954
(7 U.S.C. 1766b).
Sec. 708. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available
to restrict the authority of the Commodity Credit Corporation
to lease space for its own use or to lease space on behalf of
other agencies of the Department of Agriculture when such space
will be jointly occupied.
Sec. 710. None of the funds in this Act shall be available
to pay indirect costs charged against competitive agricultural
research, education, or extension grant awards issued by the
Cooperative State Research, Education, and Extension Service
that exceed 20 percent of total Federal funds provided under
each award: Provided, That notwithstanding section 1462 of the
National Agricultural Research, Extension, and Teaching Policy
Act of 1977 (7 U.S.C. 3310), funds provided by this Act for
grants awarded competitively by the Cooperative State Research,
Education, and Extension Service shall be available to pay full
allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 711. Notwithstanding any other provision of this Act,
all loan levels provided in this Act shall be considered
estimates, not limitations.
Sec. 712. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to cover obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Telephone Bank program account, the Rural
Electrification and Telecommunication Loans program account,
the Rural Housing Insurance Fund program account, and the Rural
Economic Development Loans program account.
Sec. 713. None of the funds in this Act may be used to
retire more than 5 percent of the Class A stock of the Rural
Telephone Bank or to maintain any account or subaccount within
the accounting records of the Rural Telephone Bank the creation
of which has not specifically been authorized by statute:
Provided, That notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available in this
Act may be used to transfer to the Treasury or to the Federal
Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of
current requirements and such balance shall receive interest as
set forth for financial accounts in section 505(c) of the
Federal Credit Reform Act of 1990.
Sec. 714. Of the funds made available by this Act, not more
than $1,800,000 shall be used to cover necessary expenses of
activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 715. None of the funds appropriated by this Act may be
used to carry out section 410 of the Federal Meat Inspection
Act (21 U.S.C. 679a) or section 30 of the Poultry Products
Inspection Act (21 U.S.C. 471).
Sec. 716. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act to any other agency or office of the Department for more
than 30 days unless the individual's employing agency or office
is fully reimbursed by the receiving agency or office for the
salary and expenses of the employee for the period of
assignment.
Sec. 717. None of the funds appropriated or otherwise made
available to the Department of Agriculture shall be used to
transmit or otherwise make available to any non-Department of
Agriculture employee questions or responses to questions that
are a result of information requested for the appropriations
hearing process.
Sec. 718. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without the prior approval of the
Committees on Appropriations of both Houses of Congress.
Sec. 719. (a) None of the funds provided by this Act, or
provided by previous Appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds which: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations of both Houses of Congress are notified 15
days in advance of such reprogramming of funds.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects, or activities; (2)
reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or (3) results from any general savings
from a reduction in personnel which would result in a change in
existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations of both
Houses of Congress are notified 15 days in advance of such
reprogramming of funds.
(c) The Secretary of Agriculture, the Secretary of Health
and Human Services, or the Chairman of the Commodity Futures
Trading Commission shall notify the Committees on
Appropriations of both Houses of Congress before implementing a
program or activity not carried out during the previous fiscal
year unless the program or activity is funded by this Act or
specifically funded by any other Act.
Sec. 720. With the exception of funds needed to administer
and conduct oversight of grants awarded and obligations
incurred in prior fiscal years, none of the funds appropriated
or otherwise made available by this or any other Act may be
used to pay the salaries and expenses of personnel to carry out
the provisions of section 401 of Public Law 105-185, the
Initiative for Future Agriculture and Food Systems (7 U.S.C.
7621).
Sec. 721. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's Budget submission to the Congress of the
United States for programs under the jurisdiction of the
Appropriations Subcommittees on Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior
to the submission of the Budget unless such Budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2005 appropriations Act.
Sec. 722. None of the funds made available by this or any
other Act may be used to close or relocate a state Rural
Development office unless or until cost effectiveness and
enhancement of program delivery have been determined.
Sec. 723. In addition to amounts otherwise appropriated or
made available by this Act, $3,000,000 is appropriated for the
purpose of providing Bill Emerson and Mickey Leland Hunger
Fellowships, as authorized by Public Law 108-58.
Sec. 724. Notwithstanding section 412 of the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f),
any balances available to carry out title III of such Act as of
the date of enactment of this Act, and any recoveries and
reimbursements that become available to carry out title III of
such Act, may be used to carry out title II of such Act.
Sec. 725. Of any shipments of commodities made pursuant to
section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), the Secretary of Agriculture shall, to the extent
practicable, direct that tonnage equal in value to not more
than $25,000,000 shall be made available to foreign countries
to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome
on communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency
Virus or Acquired Immune Deficiency Syndrome in
the communities; and
(B) households in the communities,
particularly individuals caring for orphaned
children; and
(2) agricultural commodities monetized to provide
other assistance (including assistance under
microcredit and microenterprise programs) to create or
restore sustainable livelihoods among individuals in
the communities, particularly individuals caring for
orphaned children.
Sec. 726. Section 375(e)(6)(B) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by
striking ``$26,499,000'' and inserting ``$26,998,000''.
Sec. 727. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program for the Kuhn Bayou and Ditch 26
Improvement projects in Arkansas, the Matanuska River erosion
control project in Alaska, the DuPage County Sawmill Creek
Watershed project in Illinois, and the Coal Creek project in
Utah, and four flood control structures in Marmaton, Kansas.
Sec. 728. Notwithstanding any other provision of law, the
Secretary shall consider the County of Lawrence, Ohio; the City
of Havelock, North Carolina; the City of Portsmouth, Ohio; the
City of Binghamton, New York; the Town of Vestal, New York; the
City of Ithaca, New York; the City of Casa Grande, Arizona; the
City of Clarksdale, Mississippi; the City of Coachella,
California; the City of Salinas, California; the City of
Watsonville, California; the City of Hollister, California; the
Municipality of Carolina, Puerto Rico; and the City of Kinston,
North Carolina, as meeting the eligibility requirements for
loans and grants programs in the Rural Development mission
area.
Sec. 729. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial
and technical assistance to the DuPage County, Illinois, Kress
Creek Watershed Plan, from funds available for the Watershed
and Flood Prevention Operations program, not to exceed
$1,600,000 and Rockhouse Creek Watershed, Leslie County,
Kentucky, not to exceed $1,000,000.
Sec. 730. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this or any other
appropriation Act.
Sec. 731. None of the funds made available to the Food and
Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St.
Louis, Missouri, outside the city or county limits of St.
Louis, Missouri.
Sec. 732. Agencies and offices of the Department of
Agriculture may utilize any unobligated salaries and expenses
funds to reimburse the Office of the General Counsel for
salaries and expenses of personnel, and for other related
expenses, incurred in representing such agencies and offices in
the resolution of complaints by employees or applicants for
employment, and in cases and other matters pending before the
Equal Employment Opportunity Commission, the Federal Labor
Relations Authority, or the Merit Systems Protection Board with
the prior approval of the Committees on Appropriations of both
Houses of Congress.
Sec. 733. Notwithstanding any other provision of law, of
the funds made available in this Act for competitive research
grants (7 U.S.C. 450i(b)), the Secretary may use up to 20
percent of the amount provided to carry out a competitive
grants program under the same terms and conditions as those
provided in section 401 of the Agricultural Research,
Extension, and Education Reform Act of 1998 (7 U.S.C. 7621),
including requests for proposals for grants for critical
emerging issues described in section 401(c)(1) of that Act for
which the Secretary has not issued requests for proposals for
grants in fiscal year 2002 or 2003.
Sec. 734. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 14(h)(1) of the
Watershed Protection and Flood Prevention Act (16 U.S.C.
1012(h)(1)).
Sec. 735. Notwithstanding any other provision of law, the
Natural Resources Conservation Service shall provide financial
and technical assistance through the Watershed and Flood
Prevention Operations program to carry out the Upper Tygart
Valley Watershed project, West Virginia: Provided, That the
Natural Resources Conservation Service is authorized to provide
100 percent of the engineering assistance and 75 percent cost
share for installation of the water supply component of this
project.
Sec. 736. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out subtitle I of the
Consolidated Farm and Rural Development Act (7 U.S.C. 2009dd
through dd-7).
Sec. 737. None of the funds appropriated or made available
by this or any other Act may be used to pay the salaries and
expenses of personnel to carry out section 6405 of Public Law
107-171 (7 U.S.C. 2655).
Sec. 738. None of the funds appropriated or otherwise made
available by this Act shall be used to pay the salaries and
expenses of personnel to carry out the provisions of sections
7404(a)(1) and 7404(c)(1) of Public Law 107-171.
Sec. 739. The Agricultural Marketing Service and the Grain
Inspection, Packers and Stockyards Administration, that have
statutory authority to purchase interest bearing investments
outside of the Treasury, are not required to establish
obligations and outlays for those investments, provided those
investments are insured by the Federal Deposit Insurance
Corporation or are collateralized at the Federal Reserve with
securities approved by the Federal Reserve, operating under the
guidelines of the United States Department of the Treasury.
Sec. 740. Of the funds made available under section 27(a)
of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the
Secretary may use up to $10,000,000 for costs associated with
the distribution of commodities.
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to enroll in excess of
189,144 acres in the calendar year 2004 wetlands reserve
program as authorized by 16 U.S.C. 3837.
Sec. 742. None of the funds made available in fiscal year
2004 or preceding fiscal years for programs authorized under
the Agricultural Trade Development and Assistance Act of 1954
(7 U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used
to reimburse the Commodity Credit Corporation for the release
of eligible commodities under section 302(f)(2)(A) of the Bill
Emerson Humanitarian Trust Act (7 U.S.C. 1736f-1): Provided,
That any such funds made available to reimburse the Commodity
Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 743. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel who carry out an
environmental quality incentives program authorized by chapter
4 of subtitle D of title XII of the Food Security Act of 1985
(16 U.S.C. 3839aa et seq.) in excess of $975,000,000.
Sec. 744. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide from
appropriated funds financial and technical assistance to the
Dry Creek project, Utah.
Sec. 745. The Secretary of Agriculture is authorized to
permit employees of the United States Department of Agriculture
to carry and use firearms for personal protection while
conducting field work in remote locations in the performance of
their official duties.
Sec. 746. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $23,000,000
made available by section 9006(f) of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8106(f)).
Sec. 747. Access to Broadband Telecommunications Services
in Rural Areas. None of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to expend the
$20,000,000 made available by section 601(j)(1)(A) of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)(A)) for
fiscal year 2004.
Sec. 748. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries and expenses of personnel to expend the $40,000,000
made available by section 231(b)(4) of the Agricultural Risk
Protection Act of 2000 (7 U.S.C. 1621 note) for fiscal year
2004.
Sec. 749. Section 285 of the Agricultural Marketing Act of
1946 (16 U.S.C. 1638d et seq.) is amended by striking ``2004''
and inserting 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 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--
``(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:
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For expenses necessary for the administration of the
Department of Justice, $106,687,000, of which not to exceed
$3,317,000 is for the Facilities Program 2000, to remain
available until expended: Provided, That not to exceed 43
permanent positions and 44 full-time equivalent workyears and
$10,172,000 shall be expended for the Department Leadership
Program exclusive of augmentation that occurred in these
offices in fiscal year 2003: Provided further, That not to
exceed 26 permanent positions, 21 full-time equivalent
workyears and $3,114,000 shall be expended for the Office of
Legislative Affairs: Provided further, That not to exceed 15
permanent positions, 20 full-time equivalent workyears and
$1,875,000 shall be expended for the Office of Public Affairs:
Provided further, That the latter two aforementioned offices
may utilize non-reimbursable details of career employees within
the caps described in the preceding two provisos.
joint automated booking system
For expenses necessary for the nationwide deployment of a
Joint Automated Booking System including automated capability
to transmit fingerprint and image data, $19,176,000, to remain
available until September 30, 2005.
INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
For necessary expenses for the planning, development, and
deployment of an integrated fingerprint identification system,
including automated capability to transmit fingerprint and
image data, $5,100,000, to remain available until September 30,
2005.
LEGAL ACTIVITIES OFFICE AUTOMATION
For necessary expenses related to the design, development,
engineering, acquisition, and implementation of office
automation systems for the organizations funded under the
headings ``Salaries and Expenses, General Legal Activities'',
and ``General Administration, Salaries and Expenses'', and the
United States Attorneys, the United States Marshals Service,
the Antitrust Division, the United States Trustee Program, the
Executive Office for Immigration Review, the Community
Relations Service, the Bureau of Prisons, the Office of Justice
Programs and the United States Parole Commission, $27,034,000,
to remain available until September 30, 2005.
NARROWBAND COMMUNICATIONS
For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land Mobile
Radio legacy systems, $103,171,000, to remain available until
September 30, 2005: Provided, That the Attorney General shall
transfer to the ``Narrowband Communications'' account all funds
made available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any transfer
made under the preceding proviso shall be subject to section
605 of this Act.
COUNTERTERRORISM FUND
For necessary expenses, as determined by the Attorney
General, $1,000,000, to remain available until expended, to
reimburse any Department of Justice organization for: (1) the
costs incurred in reestablishing the operational capability of
an office or facility which has been damaged or destroyed as a
result of any domestic or international terrorist incident; and
(2) the costs of providing support to counter, investigate or
prosecute domestic or international terrorism, including
payment of rewards in connection with these activities:
Provided, That any Federal agency may be reimbursed for the
costs of detaining in foreign countries individuals accused of
acts of terrorism that violate the laws of the United States:
Provided further, That funds provided under this paragraph
shall be available only after the Attorney General notifies the
Committees on Appropriations of the House of Representatives
and the Senate in accordance with section 605 of this Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$193,530,000.
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee who
shall exercise all power and functions authorized by law
relating to the detention of Federal prisoners in non-Federal
institutions or otherwise in the custody of the United States
Marshals Service, $814,097,000, to remain available until
expended: Provided, That the Trustee shall be responsible for
managing the Justice Prisoner and Alien Transportation System
and for overseeing housing related to such detention; the
management of funds appropriated to the Department of Justice
for the exercise of any detention functions; and the direction
of the United States Marshals Service with respect to the
exercise of detention policy setting and operations for the
Department: Provided further, That any unobligated balances
available in prior years from the funds appropriated under the
heading ``Federal Prisoner Detention'' shall be transferred to
and merged with the appropriation under the heading ``Detention
Trustee'' and shall be available until expended: Provided
further, That the Trustee, working in consultation with the
Bureau of Prisons, shall submit a plan for collecting
information related to evaluating the health and safety of
Federal prisoners in non-Federal institutions no later than 180
days following the enactment of this Act.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$60,840,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole
Commission as authorized, $10,609,000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and rent
of private or Government-owned space in the District of
Columbia, $620,533,000, of which not to exceed $10,000,000 for
litigation support contracts shall remain available until
expended, and of which not less than $1,996,000 shall be
available for necessary administrative expenses in accordance
with the Radiation Exposure Compensation Act: Provided, That of
the total amount appropriated, not to exceed $1,000 shall be
available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding any other provision of
law, upon a determination by the Attorney General that emergent
circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may
transfer such amounts to ``Salaries and Expenses, General Legal
Activities'' from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 605 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $4,028,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $133,133,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, not
to exceed $112,000,000 of offsetting collections derived from
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation, and
shall remain available until expended: Provided further, That
the sum herein appropriated from the general fund shall be
reduced as such offsetting collections are received during
fiscal year 2004, so as to result in a final fiscal year 2004
appropriation from the general fund estimated at not more than
$21,133,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,526,253,000; of which not to exceed $2,500,000
shall be available until September 30, 2005, for: (1) training
personnel in debt collection; (2) locating debtors and their
property; (3) paying the net costs of selling property; and (4)
tracking debts owed to the United States Government: Provided,
That of the total amount appropriated, not to exceed $8,000
shall be available for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 of
those funds available for automated litigation support
contracts shall remain available until expended: Provided
further, That not to exceed $2,500,000 for the operation of the
National Advocacy Center shall remain available until expended:
Provided further, That, in addition to reimbursable full-time
equivalent workyears available to the Offices of the United
States Attorneys, not to exceed 10,113 positions and 10,298
full-time equivalent workyears shall be supported from the
funds appropriated in this Act for the United States Attorneys:
Provided further, That of the funds made available under this
heading, $1,500,000 shall only be available to continue
``Operation Streetsweeper'': Provided further, That of the
total amount appropriated, $6,898,000 shall be for Project
Seahawk and shall remain available until expended.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee
Program, as authorized, $166,157,000, to remain available until
expended and to be derived from the United States Trustee
System Fund: Provided, That, notwithstanding any other
provision of law, deposits to the Fund shall be available in
such amounts as may be necessary to pay refunds due depositors:
Provided further, That, notwithstanding any other provision of
law, $166,157,000 of offsetting collections pursuant to 28
U.S.C. 589a(b) shall be retained and used for necessary
expenses in this appropriation and remain available until
expended: Provided further, That the sum herein appropriated
from the Fund shall be reduced as such offsetting collections
are received during fiscal year 2004, so as to result in a
final fiscal year 2004 appropriation from the Fund estimated at
$0.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by 5 U.S.C. 3109, $1,206,000.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For necessary expenses of the United States Marshals
Service, $719,777,000; of which not less than $11,476,000 shall
only be available for fugitive apprehension task forces; of
which $17,403,000 shall be available for 106 supervisory deputy
marshal positions for courthouse security; of which not to
exceed $6,000 shall be available for official reception and
representation expenses; of which $4,000,000 shall remain
available until expended; of which not less than $13,394,000
shall be available for the costs of courthouse security
equipment, including furnishings, relocations, and telephone
systems and cabling, and shall remain available until September
30, 2005: Provided, That, in addition to reimbursable full-time
equivalent workyears available to the United States Marshals
Service, not to exceed 4,400 positions and 4,259 full-time
equivalent workyears shall be supported from the funds
appropriated in this Act for the United States Marshals
Service.
CONSTRUCTION
For planning, constructing, renovating, equipping, and
maintaining United States Marshals Service prisoner-holding
space in United States courthouses and Federal buildings,
including the renovation and expansion of prisoner movement
areas, elevators, and sallyports, $14,066,000, to remain
available until September 30, 2006.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
$156,145,000, to remain available until expended; of which not
to exceed $8,000,000 may be made available for planning,
construction, renovations, maintenance, remodeling, and repair
of buildings, and the purchase of equipment incident thereto,
for protected witness safesites; of which not to exceed
$1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses; and of which not to exceed $5,000,000 may be made
available for the purchase, installation, and maintenance of
secure telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service,
$9,526,000 and, in addition, up to $1,000,000 of funds made
available to the Department of Justice in this Act may be
transferred by the Attorney General to this account: Provided,
That notwithstanding any other provision of law, upon a
determination by the Attorney General that emergent
circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the previous proviso shall be treated as a reprogramming under
section 605 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and
(G), $21,759,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States; including purchase for
police-type use of not to exceed 2,454 passenger motor
vehicles, of which 1,843 will be for replacement only; and not
to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C,
$4,566,798,000; of which not to exceed $65,000,000 for
automated data processing and telecommunications and technical
investigative equipment, and not to exceed $1,000,000 for
undercover operations, shall remain available until September
30, 2005; of which $490,104,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other
activities related to our national security; of which not less
than $153,812,000 shall only be for Joint Terrorism Task
Forces; and of which not to exceed $10,000,000 is authorized to
be made available for making advances for expenses arising out
of contractual or reimbursable agreements with State and local
law enforcement agencies while engaged in cooperative
activities related to violent crime, terrorism, organized
crime, and drug investigations: Provided, That not to exceed
$200,000 shall be available for official reception and
representation expenses: Provided further, That, in addition to
reimbursable full-time equivalent workyears available to the
Federal Bureau of Investigation, not to exceed 28,900 positions
and 27,096 full-time equivalent workyears shall be supported
from the funds appropriated in this Act for the Federal Bureau
of Investigation.
FOREIGN TERRORIST TRACKING TASK FORCE/TERRORIST THREAT INTEGRATION
CENTER
For expenses necessary for the Foreign Terrorist Tracking
Task Force, including salaries and expenses, operations,
equipment, and facilities, $61,597,000: Provided, That funds
appropriated in previous fiscal years under the heading
``Federal Bureau of Investigation, Salaries and Expenses'' may
be available for activities associated with the Terrorist
Threat Integration Center.
CONSTRUCTION
For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design of projects; $11,174,000, to remain
available until September 30, 2006.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
28 U.S.C. 530C; expenses for conducting drug education and
training programs, including travel and related expenses for
participants in such programs and the distribution of items of
token value that promote the goals of such programs; and
purchase of not to exceed 982 passenger motor vehicles, of
which 886 will be for replacement only, for police-type use,
$1,601,327,000; of which not to exceed $33,000,000 for
permanent change of station shall remain available until
September 30, 2005; of which not to exceed $1,800,000 for
research shall remain available until expended; of which not to
exceed $4,000,000 for purchase of evidence and payments for
information, not to exceed $10,000,000 for contracting for
automated data processing and telecommunications equipment, and
not to exceed $2,000,000 for laboratory equipment, $4,000,000
for technical equipment, and $2,000,000 for aircraft
replacement retrofit and parts, shall remain available until
September 30, 2005; and of which not to exceed $50,000 shall be
available for official reception and representation expenses:
Provided, That, in addition to reimbursable full-time
equivalent workyears available to the Drug Enforcement
Administration, not to exceed 8,358 positions and 8,018 full-
time equivalent workyears shall be supported from the funds
appropriated in this Act for the Drug Enforcement
Administration.
INTERAGENCY DRUG ENFORCEMENT
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law
enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $556,465,000, of which $50,000,000 shall remain
available until September 30, 2005: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation: Provided further, That any unobligated
balances remaining available at the end of the fiscal year
shall revert to the Drug Enforcement Administrator for
reallocation among participating organizations in succeeding
fiscal years, subject to the reprogramming procedures set forth
in section 605 of this Act.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, including the purchase of not to
exceed 822 vehicles for police-type use, of which 650 shall be
for replacement only; not to exceed $18,000 for official
reception and representation expenses; for training of State
and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $836,087,000, of which not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by 18 U.S.C. 924(d)(2): Provided, That no
funds appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the records, or
any portion thereof, of acquisition and disposition of firearms
maintained by Federal firearms licensees: Provided further,
That no funds appropriated herein shall be used to pay
administrative expenses or the compensation of any officer or
employee of the United States to implement an amendment or
amendments to 27 CFR 178.118 or to change the definition of
``Curios or relics'' in 27 CFR 178.11 or remove any item from
ATF Publication 5300.11 as it existed on January 1, 1994:
Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for
relief from Federal firearms disabilities under 18 U.S.C.
925(c): Provided further, That such funds shall be available to
investigate and act upon applications filed by corporations for
relief from Federal firearms disabilities under section 925(c)
of title 18, United States Code: Provided further, That no
funds made available by this or any other Act may be used to
transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms, and Explosives to other agencies
or Departments in fiscal year 2004: Provided further, That no
funds appropriated under this or any other Act may be used to
disclose to the public the contents or any portion thereof of
any information required to be kept by licensees pursuant to
section 923(g) of title 18, United States Code, or required to
be reported pursuant to paragraphs (3) and (7) of section
923(g) of title 18, United States Code, except that this
provision shall apply to any request for information made by
any person or entity after January 1, 1998: Provided further,
That no funds made available by this or any other Act shall be
expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923
of title 18, United States Code: Provided further, That no
funds under this Act may be used to electronically retrieve
information gathered pursuant to 18 U.S.C. 923(g)(4) by name or
any personal identification code: Provided further, That
subparagraphs (A) and (B) of 28 U.S.C. 530C(b)(2), are amended
by inserting ``for the Bureau of Alcohol, Tobacco, Firearms and
Explosives,'' after ``Marshals Service,'' in each subparagraph.
Federal Prison System
SALARIES AND EXPENSES
For expenses necessary for the administration, operation,
and maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 838, of which 535 are for
replacement only) and hire of law enforcement and passenger
motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign
governments, $4,461,257,000: Provided, That the Attorney
General may transfer to the Health Resources and Services
Administration such amounts as may be necessary for direct
expenditures by that Administration for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a fiscal
agent/fiscal intermediary claims processor to determine the
amounts payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to the
custody of the Federal Prison System: Provided further, That
not to exceed $6,000 shall be available for official reception
and representation expenses: Provided further, That not to
exceed $50,000,000 shall remain available for necessary
operations until September 30, 2005: Provided further, That, of
the amounts provided for Contract Confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of
the Refugee Education Assistance Act of 1980, for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit
entity which has operated such program in the past
notwithstanding the fact that such not-for-profit entity
furnishes services under contracts to the Federal Prison System
relating to the operation of pre-release services, halfway
houses or other custodial facilities.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $397,700,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to construct
areas for inmate work programs: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation: Provided further, That not to exceed 10 percent
of the funds appropriated to ``Buildings and Facilities'' in
this or any other Act may be transferred to ``Salaries and
Expenses'', Federal Prison System, upon notification by the
Attorney General to the Committees on Appropriations of the
House of Representatives and the Senate in compliance with
provisions set forth in section 605 of this Act.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available, and in accord with the
law, and to make such contracts and commitments, without regard
to fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation, including purchase (not to exceed five for
replacement only) and hire of passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
Not to exceed $3,429,000 of the funds of the corporation
shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an
accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968, the Missing Children's Assistance
Act, including salaries and expenses in connection therewith,
the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21),
and the Victims of Crime Act of 1984, $190,125,000, to remain
available until expended.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); and other
programs; $1,297,684,000 (including amounts for administrative
costs, which shall be transferred to and merged with the
``Justice Assistance'' account): Provided, That all balances
under this heading for programs to address violence against
women may be transferred to and merged with the appropriation
for ``Violence Against Women Prevention and Prosecution
Programs'': Provided further, That funding provided under this
heading shall remain available until expended as follows:
(1) $225,000,000 for Local Law Enforcement Block
Grants, pursuant to H.R. 728 as passed by the House of
Representatives on February 14, 1995, except that for
purposes of this Act and retroactive to October 1,
2000, Guam shall be considered as one ``State'' for all
purposes under H.R. 728, notwithstanding any provision
of section 108(3) thereof, the Commonwealth of Puerto
Rico shall be considered a ``unit of local government''
as well as a ``State'', for the purposes set forth in
paragraphs (A), (B), (D), (F), and (I) of section
101(a)(2) of H.R. 728, and for establishing crime
prevention programs involving cooperation between
community residents and law enforcement personnel in
order to control, detect, or investigate crime or the
prosecution of criminals: Provided, That funding shall
be available for the purposes authorized by part E of
title I of the 1968 Act: Provided further, That no
funds provided under this heading may be used as
matching funds for any other Federal grant program, of
which--
(A) $80,000,000 shall be for Boys and Girls
Clubs in public housing facilities and other
areas in cooperation with State and local law
enforcement, as authorized by section 401 of
Public Law 104-294 (42 U.S.C. 13751 note);
(B) $10,000,000 shall be available for
grants, contracts, and other assistance to
carry out section 102(c) of H.R. 728; and
(C) $2,981,000 for USA Freedom Corps
activities;
(2) $300,000,000 for the State Criminal Alien
Assistance Program, as authorized by section 242(j) of
the Immigration and Nationality Act: Provided, That
funds shall be disbursed only as a direct reimbursement
for each State's documented cost for incarcerating
undocumented criminal aliens;
(3) $2,000,000 for the Cooperative Agreement
Program for the improvement of State and local
correctional facilities holding prisoners in custody of
the United States Marshals Service;
(4) $15,000,000 for assistance to Indian tribes, of
which--
(A) $2,000,000 shall be available for
grants under section 20109(a)(2) of subtitle A
of title II of the 1994 Act;
(B) $8,000,000 shall be available for the
Tribal Courts Initiative; and
(C) $5,000,000 shall be available for
demonstration projects on alcohol and crime in
Indian Country;
(5) $659,117,000 for programs authorized by part E
of title I of the 1968 Act, notwithstanding the
provisions of section 511 of said Act, of which
$159,117,000 shall be for discretionary grants under
the Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs;
(6) $10,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386;
(7) $892,000 for the Missing Alzheimer's Disease
Patient Alert Program, as authorized by section
240001(c) of the 1994 Act;
(8) $38,500,000 for Drug Courts, as authorized by
Part EE of title I of the 1968 Act;
(9) $2,000,000 for public awareness programs
addressing marketing scams aimed at senior citizens, as
authorized by section 250005(3) of the 1994 Act;
(10) $7,000,000 for a prescription drug monitoring
program;
(11) $37,175,000 for prison rape prevention and
prosecution programs as authorized by the Prison Rape
Elimination Act of 2003 (Public Law 108-79), of which
$2,175,000 shall be transferred to the National Prison
Rape Reduction Commission for authorized activities;
and
(12) $1,000,000 for a State and local law
enforcement hate crimes training and technical
assistance program: Provided, That funds made available
in fiscal year 2004 under subpart 1 of part E of title
I of the 1968 Act may be obligated for programs to
assist States in the litigation processing of death
penalty Federal habeas corpus petitions and for drug
testing initiatives: Provided further, That, if a unit
of local government uses any of the funds made
available under this title to increase the number of
law enforcement officers, the unit of local government
will achieve a net gain in the number of law
enforcement officers who perform nonadministrative
public safety service.
WEED AND SEED PROGRAM FUND
For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $58,542,000, to
remain available until September 30, 2005, for inter-
governmental agreements, including grants, cooperative
agreements, and contracts, with State and local law enforcement
agencies, non-profit organizations, and agencies of local
government engaged in the investigation and prosecution of
violent crimes and drug offenses in ``Weed and Seed''
designated communities, and for either reimbursements or
transfers to appropriation accounts of the Department of
Justice and other Federal agencies which shall be specified by
the Attorney General to execute the ``Weed and Seed'' program
strategy: Provided, That funds designated by Congress through
language for other Department of Justice appropriation accounts
for ``Weed and Seed'' program activities shall be managed and
executed by the Attorney General through the Executive Office
for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and
personnel in support of ``Weed and Seed'' program activities
only after the Attorney General notifies the Committees on
Appropriations of the House of Representatives and the Senate
in accordance with section 605 of this Act.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (including
administrative costs), $756,283,000, to remain available until
expended: Provided, That funds that become available as a
result of deobligations from prior year balances may not be
obligated except in accordance with section 605 of this Act:
Provided further, That of the funds under this heading, not to
exceed $1,972,000 shall be available for the Office of Justice
Programs for reimbursable services associated with programs
administered by the Community Oriented Policing Services
Office: Provided further, That section 1703(b) and (c) of the
Omnibus Crime Control and Safe Streets Act of 1968 (``the 1968
Act'') shall not apply to non-hiring grants made pursuant to
part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the
amounts provided--
(1) $120,000,000 for the hiring of law enforcement
officers, including $60,000,000 for school resource
officers;
(2) $25,000,000 for the matching grant program for
Law Enforcement Armor Vests pursuant to section 2501 of
part Y of the 1968 Act;
(3) $25,000,000 to improve tribal law enforcement
including equipment and training;
(4) $54,050,000 for policing initiatives to combat
methamphetamine production and trafficking and to
enhance policing initiatives in ``drug hot spots'';
(5) $15,000,000 for Police Corps education and
training: Provided, That the out-year program costs of
new recruits shall be fully funded from funds currently
available;
(6) $158,407,000 for a law enforcement technology
program;
(7) $30,000,000 for grants to upgrade criminal
records, as authorized under the Crime Identification
Technology Act of 1998 (42 U.S.C. 14601);
(8) $100,000,000 for a DNA analysis and backlog
reduction formula program, of which:
(A) $55,000,000 shall be for eliminating
casework backlogs;
(B) $5,000,000 shall be for eliminating the
offender backlog;
(C) $30,000,000 shall be for strengthening
crime lab capacity;
(D) $5,000,000 shall be for training the
criminal justice community; and
(E) $5,000,000 shall be for using DNA to
identify missing persons;
(9) $10,000,000 for Paul Coverdell Forensic
Sciences Improvement Grants under part BB of title I of
the 1968 Act (42 U.S.C. 3797j et seq.);
(10) $30,000,000 for the Southwest Border
Prosecutor Initiative to reimburse State, county,
parish, tribal, or municipal governments only for costs
associated with the prosecution of criminal cases
declined by local United States Attorneys offices;
(11) $5,000,000 for an offender re-entry program,
as authorized by Public Law 107-273;
(12) $10,000,000 for a police integrity program;
(13) $30,000,000 for Project Safe Neighborhoods to
reduce gun violence, and gang and drug-related crime;
(14) $24,226,000 for grants, contracts and other
assistance to States under section 102(b) of the Crime
Identification Technology Act of 1998 (42 U.S.C.
14601), of which $5,000,000 is for the National
Institute of Justice for grants, contracts, and other
agreements to develop school safety technologies and
training;
(15) $85,000,000 for the COPS Interoperable
Communications Technology Program;
(16) $4,600,000 for the Safe Schools Initiative;
and
(17) not to exceed $30,000,000 for program
management and administration.
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Violent Crime
Control and Law Enforcement Act of 1994 (Public Law 103-322)
(``the 1994 Act''); the Victims of Child Abuse Act of 1990
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools
to end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); and the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); $387,629,000
(including amounts for administrative costs, which shall be
transferred to and merged with the ``Justice Assistance''
account), to remain available until expended.
Of the amount provided--
(1) $11,897,000 for the court appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(2) $2,281,000 for child abuse training programs
for judicial personnel and practitioners, as authorized
by section 222 of the 1990 Act;
(3) $994,000 for grants for televised testimony, as
authorized by part N of the 1968 Act;
(4) $168,334,000 for grants to combat violence
against women, as authorized by part T of the 1968 Act,
of which--
(A) $5,200,000 shall be for the National
Institute of Justice for research and
evaluation of violence against women; and
(B) $10,000,000 shall be for the Office of
Juvenile Justice and Delinquency Prevention for
the Safe Start Program, as authorized by the
Juvenile Justice and Delinquency Act of 1974;
(5) $64,503,000 for grants to encourage arrest
policies as authorized by part U of the 1968 Act;
(6) $39,685,000 for rural domestic violence and
child abuse enforcement assistance grants, as
authorized by section 40295 of the 1994 Act;
(7) $4,957,000 for training programs as authorized
by section 40152 of the 1994 Act, and for related local
demonstration projects;
(8) $2,981,000 for grants to improve the stalking
and domestic violence databases, as authorized by
section 40602 of the 1994 Act;
(9) $9,935,000 to reduce violent crimes against
women on campus, as authorized by section 1108(a) of
Public Law 106-386;
(10) $39,740,000 for legal assistance for victims,
as authorized by section 1201 of Public Law 106-386;
(11) $4,968,000 for enhancing protection for older
and disabled women from domestic violence and sexual
assault as authorized by section 40802 of the 1994 Act;
(12) $14,903,000 for the safe havens for children
pilot program as authorized by section 1301 of Public
Law 106-386;
(13) $15,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by Public Law
108-21; and
(14) $7,451,000 for education and training to end
violence against and abuse of women with disabilities,
as authorized by section 1402 of Public Law 106-386.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the Act''), and other juvenile
justice programs, including salaries and expenses in connection
therewith to be transferred to and merged with the
appropriations for Justice Assistance, $352,700,000, to remain
available until expended, as follows:
(1) $3,600,000 for concentration of Federal
efforts, as authorized by section 204 of the Act;
(2) $84,000,000 for State and local programs
authorized by section 221 of the Act, including
training and technical assistance to assist small, non-
profit organizations with the Federal grants process;
(3) $2,500,000 for research, evaluation, training
and technical assistance, as authorized by sections 251
and 252 of the Act;
(4) $79,600,000 for demonstration projects as
authorized by sections 261 and 262 of the Act;
(5) $80,000,000 for delinquency prevention, as
authorized by section 505 of the Act, of which--
(A) $10,000,000 shall be for the Tribal
Youth program;
(B) $20,000,000 shall be for a gang
resistance education and training program to be
coordinated with the Bureau of Alcohol,
Tobacco, Firearms and Explosives; and
(C) $25,000,000 shall be for grants of
$360,000 to each State and $6,640,000 shall be
available for discretionary grants to States,
for programs and activities to enforce State
laws prohibiting the sale of alcoholic
beverages to minors or the purchase or
consumption of alcoholic beverages by minors,
prevention and reduction of consumption of
alcoholic beverages by minors, and for
technical assistance and training;
(6) $5,000,000 for Project Childsafe;
(7) $10,000,000 for the Secure Our Schools Act as
authorized by Public Law 106-386;
(8) $15,000,000 for Project Sentry to reduce youth
gun violence, and gang and drug-related crime;
(9) $13,000,000 for programs authorized by the
Victims of Child Abuse Act of 1990; and
(10) $60,000,000 for the Juvenile Accountability
Block Grants program as authorized by Public Law 107-
273 and Guam shall be considered a State:
Provided, That not more than 10 percent of each amount in this
section may be used for research, evaluation, and statistics
activities designed to benefit the programs or activities
authorized, and not more than 2 percent of each amount may be
used for training and technical assistance.
PUBLIC SAFETY OFFICERS BENEFITS
To remain available until expended, for payments authorized
by part L of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796), such sums as are
necessary, as authorized by section 6093 of Public Law 100-690
(102 Stat. 4339-4340); and $3,000,000, to remain available
until expended for payments as authorized by section 1201(b) of
said Act.
General Provisions--Department of Justice
(INCLUDING RESCISSION)
Sec. 101. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $45,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception and
representation expenses.
Sec. 102. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That should
this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
Sec. 103. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide
escort services necessary for a female inmate to receive such
service outside the Federal facility: Provided, That nothing in
this section in any way diminishes the effect of section 103
intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
Sec. 105. Notwithstanding any other provision of law, not
to exceed $10,000,000 of the funds made available in this Act
may be used to establish and publicize a program under which
publicly advertised, extraordinary rewards may be paid, which
shall not be subject to spending limitations contained in
sections 3059 and 3072 of title 18, United States Code:
Provided, That any reward of $100,000 or more, up to a maximum
of $2,000,000, may not be made without the personal approval of
the President or the Attorney General and such approval may not
be delegated: Provided further, That rewards made pursuant to
section 501 of Public Law 107-56 shall not be subject to this
section.
Sec. 106. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 107. Section 114 of Public Law 107-77 shall remain in
effect during fiscal year 2004.
Sec. 108. (a) Hereafter, the Attorney General is authorized
to transfer, under such terms and conditions as the Attorney
General shall specify, forfeited real or personal property of
limited or marginal value, as such value is determined by
guidelines established by the Attorney General, to a State or
local government agency, or its designated contractor or
transferee, for use to support drug abuse treatment, drug and
crime prevention and education, housing, job skills, and other
community-based public health and safety programs.
(b) Any transfer under the preceding proviso shall not
create or confer any private right of action in any person
against the United States, and shall be treated as a
reprogramming under section 605 of this Act.
Sec. 109. Authorities contained in the 21st Century
Department of Justice Appropriations Authorization Act (Public
Law 107-273) shall remain in effect until the effective date of
a subsequent Department of Justice appropriations authorization
Act.
Sec. 110. None of the funds appropriated or otherwise made
available by this Act or any other Act to the Department of
Justice shall be expended for the purpose of reimbursement or
direct payments for the legal fees of an individual employed as
an attorney in the Department of Justice for a matter in which
the individual is the subject of a disciplinary recommendation
for ethical misconduct by the Counsel for Professional
Responsibility.
Sec. 111. In addition to the amounts provided under
``Salaries and Expenses, United States Attorneys'', $15,000,000
shall be for Project Seahawk and shall remain available until
expended.
Sec. 112. (a)(1) None of the funds provided in this Act or
hereafter may be used for courts or law enforcement officers
for a tribe or village--
(A) in which fewer than 25 Native members live in
the village year round; or
(B) that is located within the boundaries of the
Fairbanks North Star Borough, the Matanuska Susitna
Borough, the Municipality of Anchorage, the Kenai
Peninsula Borough, the City and Borough of Juneau, the
Sitka Borough, or the Ketchikan Borough.
(2)(A) There is established an Alaska Rural Justice and Law
Enforcement Commission (hereinafter ``Justice Commission'').
The United States Attorney General shall appoint the Justice
Commission which shall include a Federal Co-chairman, the
Attorney General for the State of Alaska or his designee who
shall act as the State Co-Chairman, the Commissioner of Public
Safety for the State of Alaska, a representative from the
Alaska Municipal League, a representative from an organized
borough, a representative of the Alaska Federation of Natives,
a tribal representative, a representative from a non-profit
Native corporation that operates Village Public Safety Officer
programs, and a representative from the Alaska Native Justice
Center. The chief judge for the Federal District Court for the
District of Alaska may also appoint a non-voting representative
to provide technical support. The Justice Commission may hire
such staff as is necessary to assist with its work.
(B) The Justice Commission shall review Federal, State,
local, and tribal jurisdiction over civil and criminal matters
in Alaska but outside the Municipality of Anchorage, the
Fairbanks North Star Borough, the Kenai Peninsula Borough, the
Matanuska-Susitna Borough, the City and Borough of Juneau, the
Sitka Borough, and the Ketchikan Borough. It shall make
recommendations to Congress and the Alaska State Legislature no
later than May 1, 2004, on options which shall include the
following--
(i) create a unified law enforcement system, court
system, and system of local laws or ordinances for
Alaska Native villages and communities of varying sizes
including the possibility of first, second, and third
class villages with different powers;
(ii) meet the law enforcement and judicial
personnel needs in rural Alaska including the possible
use of cross deputization in a way that maximizes the
existing resources of Federal, State, local, and tribal
governments;
(iii) address the needs to regulate alcoholic
beverages including the prohibition of the sale,
importation, use, or possession of alcoholic beverages
and to provide restorative justice for persons who
violate such laws including treatment; and
(iv) address the problem of domestic violence and
child abuse including treatment options and restorative
justice.
(b)(1) The General Accounting Office shall immediately
begin a review of Federal programs benefitting rural
communities in Alaska including the name of each program and
the department or agency that administers it, the amount of
funds provided to Alaska through each program, a list of the
statutes and regulations governing use of funds for each
program, and any data demonstrating the performance of each
program. With respect to housing programs, the study shall
determine the number of houses built by each Native housing
authority including the cost per house. The Office shall submit
a report of its findings to the House and Senate Committees on
Appropriations, and to the Alaska Federation of Natives no
later than April 30, 2004.
(2) The Alaska Federation of Natives, in consultation with
the Alaska Municipal League, may review the delivery of Federal
programs in Alaska and make recommendations to the Congress to
reduce duplication, improve and consolidate delivery of
services, streamline application and administrative procedures,
improve accountability, mandate performance measures, and other
actions to reduce costs and improve efficiency.
(c) The Federal Advisory Committee Act shall not apply to
this section.
(d) Amend the Denali Commission Act (Title III of Public
Law 105-277) by adding a new section as follows:
``Sec. 310. (a) The Federal Co-chairman of the Denali
Commission shall appoint an Economic Development Committee to
be chaired by the president of the Alaska Federation of Natives
which shall include the Commissioner of Community and Economic
Affairs for the State of Alaska, a representative from the
Alaska Bankers Association, the chairman of the Alaska
Permanent Fund, a representative from the Alaska State Chamber
of Commerce, and a representative from each region. Of the
regional representatives, at least two each shall be from
Native regional corporations, Native non-profit corporations,
tribes, and borough governments.
``(b) The Economic Development Committee is authorized to
consider and approve applications from Regional Advisory
Committees for grants and loans to promote economic development
and promote private sector investment to reduce poverty in
economically distressed rural villages. The Economic
Development Committee may make mini-grants to individual
applicants and may issue loans under such terms and conditions
as it determines.
``(c) The State Co-chairman of the Denali Commission shall
appoint a Regional Advisory Committee for each region which may
include representatives from local, borough, and tribal
governments, the Alaska Native non-profit corporation operating
in the region, local Chambers of Commerce, and representatives
of the private sector. Each Regional Advisory Committee shall
develop a regional economic development plan for consideration
by the Economic Development Committee.
``(d) The Economic Development Committee, in consultation
with the First Alaskans Institute, may develop rural
development performance measures linking economic growth to
poverty reduction to measure the success of its program which
may include economic, educational, social, and cultural
indicators. The performance measures will be tested in one
region for 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 how they can be incorporated into regional economic
development plans.
``(g) There is authorized to be appropriated such sums as
may be necessary to the following agencies which shall be
transferred to the Denali Commission as a direct lump sum
payment to implement this section:
``(1) Department of Commerce, Economic Development
Administration,
``(2) Department of Housing and Urban Development,
``(3) Department of the Interior, Bureau of Indian
Affairs,
``(4) Department of Agriculture, Rural Development
Administration, and
``(5) Small Business Administration.''.
Sec. 113. For an additional amount for the ``Local Law
Enforcement Block Grant'' program to be provided to the City of
San Juan, Puerto Rico, $550,000.
Sec. 114. Of the unobligated balances available to the
Department of Justice from prior year appropriations with the
exception of funds provided for counterterrorism activities,
counterintelligence activities, white collar crime enforcement,
organized crime enforcement, and drug enforcement, $100,000,000
are rescinded: Provided, That within 30 days after the date of
the enactment of this section the Attorney General shall submit
to the Committees on Appropriations of the House of
Representatives and the Senate a report specifying the amount
of each rescission made pursuant to this section.
This title may be cited as the ``Department of Justice
Appropriations Act, 2004''.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
Trade and Infrastructure Development
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $41,994,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That not less than
$2,000,000 provided under this heading shall be for expenses
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further,
That negotiations shall be conducted within the World Trade
Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties.
International Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$58,295,000, to remain available until expended.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
44 U.S.C. 3702 and 3703; full medical coverage for dependent
members of immediate families of employees stationed overseas
and employees temporarily posted overseas; travel and
transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to
49 U.S.C. 40118; employment of Americans and aliens by contract
for services; rental of space abroad for periods not exceeding
10 years, and expenses of alteration, repair, or improvement;
purchase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672 when
such claims arise in foreign countries; not to exceed $327,000
for official representation expenses abroad; purchase of
passenger motor vehicles for official use abroad, not to exceed
$30,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $395,123,000, to remain
available until expended, of which $13,000,000 is to be derived
from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$46,669,000 shall be for Manufacturing and Services;
$38,204,000 shall be for Market Access and Compliance;
$68,160,000 shall be for the Import Administration of which
$3,000,000 is to establish an Office of China Compliance;
$217,040,000 shall be for the United States and Foreign
Commercial Service of which $1,500,000 is for the Advocacy
Center, $2,500,000 is for the Trade Information Center, and
$2,100,000 is for a China and Middle East Business Center; and
$25,050,000 shall be for Executive Direction and
Administration: Provided further, That negotiations shall be
conducted within the World Trade Organization to recognize the
right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
the provisions of the first sentence of section 105(f) and all
of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries;
not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by 22 U.S.C.
401(b); and purchase of passenger motor vehicles for official
use and motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law, $68,203,000,
to remain available until September 30, 2005, of which
$7,203,000 shall be for inspections and other activities
related to national security: Provided, That the provisions of
the first sentence of section 105(f) and all of section 108(c)
of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, and
for trade adjustment assistance, $288,115,000, to remain
available until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$30,565,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, title II of the Trade Act of 1974, and
the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $28,859,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $75,000,000, to remain available until September 30,
2005.
Bureau of the Census
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $194,811,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses related to the 2010 decennial
census, $255,200,000, to remain available until September 30,
2005: Provided, That, of the total amount available related to
the 2010 decennial census, $107,090,000 is for the Re-
engineered Design Process for the Short-Form Only Census,
$64,800,000 is for the American Community Survey, and
$83,310,000 is for the Master Address File/Topologically
Integrated Geographic Encoding and Referencing (MAF/TIGER)
system.
In addition, for expenses to collect and publish statistics
for other periodic censuses and programs provided for by law,
$180,853,000, to remain available until September 30, 2005, of
which $80,082,000 is for economic statistics programs and
$100,771,000 is for demographic statistics programs: Provided,
That regarding engineering and design of a facility at the
Suitland Federal Center, quarterly reports regarding the
expenditure of funds and project planning, design and cost
decisions shall be provided by the Bureau, in cooperation with
the General Services Administration, to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided further, That none of the funds provided in this or
any other Act under the heading ``Bureau of the Census,
Periodic Censuses and Programs'' shall be used to fund the
construction and tenant build-out costs of a facility at the
Suitland Federal Center.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $14,604,000, to remain available until September 30,
2005: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as
offsetting collections for costs of such spectrum services, to
remain available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For grants authorized by section 392 of the Communications
Act of 1934, $22,000,000, to remain available until expended as
authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration
as authorized by section 391 of the Act: Provided further,
That, notwithstanding the provisions of section 391 of the Act,
the prior year unobligated balances may be made available for
grants for projects for which applications have been submitted
and approved during any fiscal year.
INFORMATION INFRASTRUCTURE GRANTS
For grants authorized by section 392 of the Communications
Act of 1934, $15,000,000, to remain available until expended as
authorized by section 391 of the Act: Provided, That not to
exceed $3,000,000 shall be available for program administration
and other support activities as authorized by section 391:
Provided further, That, of the funds appropriated herein, not
to exceed 5 percent may be available for telecommunications
research activities for projects related directly to the
development of a national information infrastructure: Provided
further, That, notwithstanding the requirements of sections
392(a) and 392(c) of the Act, these funds may be used for the
planning and construction of telecommunications networks for
the provision of educational, health care, or public
information: Provided further, That, notwithstanding any other
provision of law, no entity that receives telecommunications
services at preferential rates under section 254(h) of the Act
(47 U.S.C. 254(h)) or receives assistance under the regional
information sharing systems grant program of the Department of
Justice under part M of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796h) may use funds
under a grant under this heading to cover any costs of the
entity that would otherwise be covered by such preferential
rates or such assistance, as the case may be.
United States Patent and Trademark Office
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States Patent
and Trademark Office, $1,222,460,000, to remain available until
expended, which amount shall be derived from offsetting
collections assessed and collected pursuant to 15 U.S.C. 1113
and 35 U.S.C. 41 and 376, and shall be retained and used for
necessary expenses in this appropriation: Provided, That the
sum herein appropriated from the general fund shall be reduced
as such offsetting collections are received during fiscal year
2004, so as to result in a fiscal year 2004 appropriation from
the general fund estimated at $0: Provided further, That during
fiscal year 2004, should the total amount of offsetting fee
collections be less than $1,222,460,000, the total amounts
available to the United States Patent and Trademark Office
shall be reduced accordingly: Provided further, That from
amounts provided herein, not to exceed $1,000 shall be made
available in fiscal year 2004 for official reception and
representation expenses: Provided further, That,
notwithstanding section 1353 of title 31, United States Code,
no employee of the United States Patent and Trademark Office
may accept payment or reimbursement from a non-Federal entity
for travel, subsistence, or related expenses for the purpose of
enabling an employee to attend and participate in a convention,
conference, or meeting when the entity offering payment or
reimbursement is a person or corporation subject to regulation
by the Office, or represents a person or corporation subject to
regulation by the Office, unless the person or corporation is
an organization exempt from taxation pursuant to section
501(c)(3) of the Internal Revenue Code of 1986.
Science and Technology
Technology Administration
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for
Technology Office of Technology Policy, $6,411,000.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $344,366,000, to remain available
until expended, of which not to exceed $282,000 may be
transferred to the ``Working Capital Fund''.
industrial technology services
For necessary expenses of the Manufacturing Extension
Partnership of the National Institute of Standards and
Technology, $39,607,000, to remain available until expended.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $179,175,000, to remain available until expended,
of which $60,700,000 shall be expended for the award of new
grants before September 30, 2004.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $64,954,000, to remain
available until expended.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft; grants,
contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities as authorized,
$2,686,520,000, to remain available until September 30, 2005,
except for funds provided for cooperative enforcement which
shall remain available until September 30, 2006: Provided, That
fees and donations received by the National Ocean Service for
the management of the national marine sanctuaries may be
retained and used for the salaries and expenses associated with
those activities, notwithstanding 31 U.S.C. 3302: Provided
further, That, in addition, $62,000,000 shall be derived by
transfer from the fund entitled ``Promote and Develop Fishery
Products and Research Pertaining to American Fisheries'':
Provided further, That grants to States pursuant to sections
306 and 306A of the Coastal Zone Management Act of 1972, as
amended, shall not exceed $2,000,000, unless funds provided for
``Coastal Zone Management Grants'' exceed funds provided in the
previous fiscal year: Provided further, That if funds provided
for ``Coastal Zone Management Grants'' exceed funds provided in
the previous fiscal year, then no State shall receive more than
5 percent or less than 1 percent of the additional funds:
Provided further, That, of the $2,748,520,000 provided for in
direct obligations under this heading (of which $2,686,520,000
is appropriated from the General Fund and $62,000,000 is
provided by transfer), $513,910,000 shall be for the National
Ocean Service, $639,990,000 shall be for the National Marine
Fisheries Service, $400,813,000 shall be for Oceanic and
Atmospheric Research, $729,685,000 shall be for the National
Weather Service, $153,827,000 shall be for the National
Environmental Satellite, Data, and Information Service, and
$310,295,000 shall be for Program Support: Provided further,
That no general administrative charge shall be applied against
an assigned activity included in this Act or the report
accompanying this Act: Provided further, That deobligated
balances of funds provided under this heading in previous years
shall be deposited in the United States Treasury General Fund:
Provided further, That payments of funds made available under
this heading to the Department of Commerce Working Capital Fund
shall not exceed $38,758,000: Provided further, That none of
the funds under this heading are available to alter the
existing structure, organization, function, and funding of the
National Marine Fisheries Service Southwest Region and
Fisheries Science Center and Northwest Region and Fisheries
Science Center: Provided further, That, hereafter, the
Secretary of Commerce may enter into cooperative agreements
with the Joint and Cooperative Institutes as designated by the
Secretary to use the personnel, services, or facilities of such
organizations for research, education, training, and outreach:
Provided further, That of the amounts appropriated under this
heading, $1,207,000 shall be transferred to and merged with
funds appropriated under the heading, ``Salaries and Expenses,
Marine Mammal Commission'', of which $500,000 shall remain
available until September 30, 2005: Provided further, That none
of the funds in this Act may be used for the National Oceanic
and Atmospheric Administration to implement the Department of
Commerce's E-Government initiatives.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for medical care of retired personnel
and their dependents under the Dependents Medical Care Act (10
U.S.C. ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration, $990,127,000,
to remain available until September 30, 2006, except for funds
appropriated for the National Marine Fisheries Service Honolulu
Laboratory and the Marine Environmental Health Research
Laboratory, which shall remain available until expended:
Provided, That of the amounts provided for the National Polar-
orbiting Operational Environmental Satellite System, funds
shall only be made available on a dollar for dollar matching
basis with funds provided for the same purpose by the
Department of Defense: Provided further, That none of the funds
provided in this Act or any other Act under the heading
``National Oceanic and Atmospheric Administration, Procurement,
Acquisition and Construction'' shall be used to fund the
General Services Administration's standard construction and
tenant build-out costs of a facility at the Suitland Federal
Center.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $90,000,000.
FISHERIES FINANCE PROGRAM ACCOUNT
For the costs of direct loans as authorized by the Merchant
Marine Act of 1936: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in the
Federal Credit Reform Act of 1990: Provided further, That these
funds are available to subsidize gross obligations for the
principle amount of direct loans not to exceed $5,000,000 for
Individual Fishing Quota loans, and not to exceed $59,000,000
for traditional direct loans, of which $40,000,000 may be used
for direct loans to the United States distant water tuna fleet,
and of which $19,000,000 may be used for direct loans to the
United States menhaden fishery: Provided further, That none of
the funds made available under this heading may be used for
direct loans for any new fishing vessel that will increase the
harvesting capacity in any United States fishery.
Departmental Management
SALARIES AND EXPENSES
For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $47,289,000:
Provided, That not to exceed 12 full-time equivalents and
$1,621,000 shall be expended for the legislative affairs
function of the Department.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $21,116,000.
General Provisions--Department of Commerce
(INCLUDING RESCISSION)
Sec. 201. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 202. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefore, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 203. Hereafter, none of the funds made available by
this or any other Act for the National Oceanic and Atmospheric
Administration may be used to support the hurricane
reconnaissance aircraft and activities that are under the
control of the United States Air Force or the United States Air
Force Reserve.
Sec. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this or any other Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act.
Sec. 205. Any costs incurred by a department or agency
funded under this title resulting from personnel actions taken
in response to funding reductions included in this title or
from actions taken for the care and protection of loan
collateral or grant property shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to
carry out this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 206. Hereafter, the Secretary of Commerce may use the
Commerce franchise fund for expenses and equipment necessary
for the maintenance and operation of such administrative
services as the Secretary determines may be performed more
advantageously as central services, pursuant to section 403 of
Public Law 103-356: Provided, That any inventories, equipment,
and other assets pertaining to the services to be provided by
such fund, either on hand or on order, less the related
liabilities or unpaid obligations, and any appropriations made
for the purpose of providing capital shall be used to
capitalize such fund: Provided further, That such fund shall be
paid in advance from funds available to the Department and
other Federal agencies for which such centralized services are
performed, at rates which will return in full all expenses of
operation, including accrued leave, depreciation of fund plant
and equipment, amortization of automated data processing
software and systems (either acquired or donated), and an
amount necessary to maintain a reasonable operating reserve, as
determined by the Secretary: Provided further, That such fund
shall provide services on a competitive basis: Provided
further, That an amount not to exceed 4 percent of the total
annual income to such fund may be retained in the fund for
fiscal year 2004 and each fiscal year thereafter, to remain
available until expended, to be used for the acquisition of
capital equipment, and for the improvement and implementation
of department financial management, automated data processing,
and other support systems: Provided further, That such amounts
retained in the fund for fiscal year 2004 and each fiscal year
thereafter shall be available for obligation and expenditure
only in accordance with section 605 of this Act: Provided
further, That no later than 30 days after the end of each
fiscal year, amounts in excess of this reserve limitation shall
be deposited as miscellaneous receipts in the Treasury.
Sec. 207. Notwithstanding any other provision of law, of
the amounts made available elsewhere in this title to the
``National Institute of Standards and Technology, Construction
of Research Facilities'', $14,000,000 is appropriated to fund a
cooperative agreement with the Medical University of South
Carolina, $5,000,000 is appropriated to the Thayer School of
Engineering, of which $1,000,000 is for research relating to
intelligent control of distributed systems, $2,000,000 is for a
smart laser beam project, and $2,000,000 is for research
relating to nanomagnetics, $500,000 is appropriated to the
Institute for Information Infrastructure Protection at the
Institute for Security and Technology Studies, $1,000,000 is
appropriated for the Institute of Politics, and $500,000 is
appropriated for the Coastal Conservation Center.
Sec. 208. Of the amount available from the fund entitled
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'', $10,000,000 shall be provided to the
Alaska Fisheries Marketing Board, $2,000,000 shall be available
to the Gulf and South Atlantic Fisheries Foundation, $2,000,000
shall be available to the South Carolina Seafood Alliance,
$1,500,000 shall be available to the Oregon Trawl Commission,
and $1,500,000 shall be available to the Oregon State
University Seafood Laboratory: Provided, That (1) the Alaska
Fisheries Marketing Board (hereinafter ``the Board'') shall be
a nonprofit organization and not an agency or establishment of
the United States, (2) the Secretary may appoint, assign, or
otherwise designate as Executive Director an employee of the
Department of Commerce, who may serve in an official capacity
in such position, with or without reimbursement, and such
appointment or assignment shall be without interruption or loss
of civil service status or privilege, and (3) the Board may
adopt bylaws consistent with the purposes of this section, and
may undertake other acts necessary to carry out the provisions
of this section.
Sec. 209. (a) Notwithstanding the provisions of the Public
Works and Economic Development Act as amended (42 U.S.C. 3121,
et seq.) or any other provision of law, the Economic
Development Administration shall approve the sale, transfer, or
conveyance, without compensation to the agency, of any land on
the former Charleston Naval Base, located north of Viaduct Road
which was improved by EDA project numbers 04-49-04196, 04-49-
04280, 04-49-04462, and 04-49-04461 and funds obligated but not
yet disbursed in connection with EDA project number 04-49-04347
shall remain available until expended and, as of September 30,
2003, shall be exempt from the application of section 1552 of
title 31, United States Code.
(b) Notwithstanding any other provision of law, the
Secretary of Commerce shall approve, without compensation to
the Agency, a lease to be entered into by the city of Florence,
Alabama, and Alabama Real Estate Holdings, Inc., containing
such terms and conditions as the city of Florence determines
appropriate, for use of the parcel of land (including
improvements thereon) located in Florence, Alabama, that was
improved using assistance from the Economic Development
Administration under EDA project number 04-01-03963.
Sec. 210. (a) The Secretary of Commerce is authorized to
operate a marine laboratory in South Carolina in accordance
with a memorandum of agreement, including any future
amendments, among the National Oceanic and Atmospheric
Administration, the National Institute of Standards and
Technology, the State of South Carolina, the Medical University
of South Carolina, and the College of Charleston as a
partnership for collaborative, interdisciplinary marine
scientific research.
(b) To carry out subsection (a), the agencies that are
partners in the Laboratory may accept, apply for, use, and
spend Federal, State, private and grant funds as necessary to
further the mission of the Laboratory without regard to the
source or of the period of availability of these funds and may
apply for and hold patents, as well as share personnel,
facilities, and property. Any funds collected or accepted by
any partner may be used to offset all or portions of its costs,
including overhead, without regard to 31 U.S.C. section
143302(b); to reimburse other participating agencies for all or
portions of their costs; and to fund research and facilities
expansion. Funds for management and operation of the Laboratory
may be used to sustain basic laboratory operations for all
participating entities. The Secretary of Commerce is authorized
to charge fees and enter into contracts, grants, cooperative
agreements and other arrangements with Federal, State, private
entities, and other entities, domestic and foreign, to further
the mission of the Laboratory. Any funds collected from such
fees or arrangements shall be used to support cooperative
research, basic operations, and facilities enhancement at the
Laboratory.
Sec. 211. Extension of Guarantee Authority. (a) In
General.--Section 101(k) of the Emergency Steel Loan Guarantee
Act of 1999 (Public Law 106-51; 15 U.S.C. 1841 note) is amended
by striking ``2003'' and inserting ``2005''.
(b) Salaries and Expenses.--In addition to funds made
available under section 101(j) of Emergency Steel Loan
Guarantee Act of 1999 (15 U.S.C. 1841 note), up to $2,000,000
in funds made available under section 101(f) of such Act may be
used for salaries and administrative expenses to administer the
Emergency Steel Loan Guarantee Program.
Sec. 212. In addition to amounts made available under the
heading ``Procurement, Acquisition and Construction, National
Oceanic and Atmospheric Administration'' $1,500,000 shall be
available for the Western Carolina University, $1,000,000 shall
be available for the South Florida Museum, $140,000 shall be
available for the French and Indian War Foundation, $1,000,000
shall be available for the City of Chattanooga, Tennessee,
$1,000,000 shall be available for the University of
Mississippi, $1,000,000 shall be available for the City of
Charlotte, North Carolina, and $489,000 shall be available for
a public safety marine docking facility for Hampton, New
Hampshire.
Sec. 213. In addition to amounts appropriated or otherwise
made available by this Act or any other Act, $500,000 shall be
provided until expended for the Federal Credit Reform Act cost
of a reduction loan under sections 1111 and 1112 of title XI of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g),
not to exceed $50,000,000 in principal, that:
(1) notwithstanding 46 U.S.C. App. 1279f(b), shall
have a term of not less than 30 years;
(2) carries out a New England lobster fishing
capacity reduction program which may include fewer than
all management areas of the fishery;
(3) permanently revokes all fishery licenses,
fishery permits, area and species endorsements, and any
other fishery privileges issued to a vessel or vessels
(or to persons on the basis of their operation or
ownership of that vessel or vessels) removed under the
program; and
(4) ensures that all vessels removed from the
fishery under the program are made permanently
ineligible to participate in any fishery worldwide, and
that the owners of such vessels will operate only under
the United States flag or such vessels shall be
scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
Sec. 214. In addition to amounts appropriated or otherwise
made available by this Act or any other Act, $500,000 shall be
provided until expended for the Federal Credit Reform Act cost
of a reduction loan under sections 1111 and 1112 of title XI of
the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g),
not to exceed $50,000,000 in principal, that:
(1) notwithstanding 46 U.S.C. App. 1279f(b), shall
have a term of not less than 30 years;
(2) carries out a Bering Sea and Aleutian Islands
non-pollock groundfish capacity reduction program which
may include fewer than all management areas of the
fishery;
(3) permanently revokes all fishery licenses,
fishery permits, area and species endorsements, and any
other fishery privileges issued to a vessel or vessels
(or to persons on the basis of their operation or
ownership of that vessel or vessels) removed under the
program; and
(4) ensures that all vessels removed from the
fishery under the program are made permanently
ineligible to participate in any fishery worldwide, and
that the owners of such vessels will operate only under
the United States flag or such vessels shall be
scrapped as a reduction vessel pursuant to section
600.1011(c) of title 50, Code of Federal Regulations.
Sec. 215. Of the unobligated balances available to the
Department of Commerce from prior year appropriations with the
exception of funds provided for coral reef activities,
fisheries enforcement, the Ocean Health Initiative, land
acquisition, and lab construction, $100,000,000 are rescinded:
Provided, That within 30 days after the date of enactment of
this section the Secretary of Commerce shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a report specifying the amount of each
rescission made pursuant to this section.
This title may be cited as the ``Department of Commerce and
Related Agencies Appropriations Act, 2004''.
TITLE III--THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including purchase or hire, driving, maintenance, and
operation of an automobile for the Chief Justice, not to exceed
$10,000 for the purpose of transporting Associate Justices, and
hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; not to exceed $10,000 for official reception and
representation expenses; and for miscellaneous expenses, to be
expended as the Chief Justice may approve, $55,360,000.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect as authorized by law, $10,591,000, which shall
remain available until expended.
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
For salaries of the chief judge, judges, and other officers
and employees, and for necessary expenses of the court, as
authorized by law, $20,662,000.
United States Court of International Trade
SALARIES AND EXPENSES
For salaries of the chief judge and eight judges, salaries
of the officers and employees of the court, services, and
necessary expenses of the court, as authorized by law,
$14,068,000.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For the salaries of circuit and district judges (including
judges of the territorial courts of the United States),
justices and judges retired from office or from regular active
service, judges of the United States Court of Federal Claims,
bankruptcy judges, magistrate judges, and all other officers
and employees of the Federal Judiciary not otherwise
specifically provided for, and necessary expenses of the
courts, as authorized by law, $3,994,176,000 (including the
purchase of firearms and ammunition); of which not to exceed
$27,817,000 shall remain available until expended for space
alteration projects and for furniture and furnishings related
to new space alteration and construction projects: Provided,
That any funds appropriated in this Act to be used for the
United States District Court for the Eastern District of Texas
will also be made available for the Sherman Division's
expansion into Plano, Texas, and the Sherman Division is also
granted authority to hold court proceedings there.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, not to exceed
$3,193,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Public Defender and Community
Defender organizations; the compensation and reimbursement of
expenses of attorneys appointed to represent persons under the
Criminal Justice Act of 1964; the compensation and
reimbursement of expenses of persons furnishing investigative,
expert and other services under the Criminal Justice Act of
1964 (18 U.S.C. 3006A(e)); the compensation (in accordance with
Criminal Justice Act maximums) and reimbursement of expenses of
attorneys appointed to assist the court in criminal cases where
the defendant has waived representation by counsel; the
compensation and reimbursement of travel expenses of guardians
ad litem acting on behalf of financially eligible minor or
incompetent offenders in connection with transfers from the
United States to foreign countries with which the United States
has a treaty for the execution of penal sentences; the
compensation of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as
authorized by 28 U.S.C. 1875(d); and for necessary training and
general administrative expenses, $604,477,000, to remain
available until expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71A(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71A(h)),
$57,822,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the
daily equivalent of the highest rate payable under section 5332
of title 5, United States Code.
COURT SECURITY
For necessary expenses, not otherwise provided for,
incident to providing protective guard services for United
States courthouses and the procurement, installation, and
maintenance of security equipment for United States courthouses
and other facilities housing Federal court operations,
including building ingress-egress control, inspection of mail
and packages, directed security patrols, and other similar
activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$277,500,000, of which not to exceed $10,000,000 shall remain
available until expended, to be expended directly or
transferred to the United States Marshals Service, which shall
be responsible for administering the Judicial Facility Security
Program consistent with standards or guidelines agreed to by
the Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $66,000,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $21,440,000; of which
$1,800,000 shall remain available through September 30, 2005,
to provide education and training to Federal court personnel;
and of which not to exceed $1,000 is authorized for official
reception and representation expenses.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
For payment to the Judicial Officers' Retirement Fund, as
authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial
Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c),
$700,000; and to the United States Court of Federal Claims
Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l),
$2,600,000.
United States Sentencing Commission
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$12,354,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
General Provisions--The Judiciary
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this
Act may be transferred between such appropriations, but no such
appropriation, except ``Courts of Appeals, District Courts, and
Other Judicial Services, Defender Services'' and ``Courts of
Appeals, District Courts, and Other Judicial Services, Fees of
Jurors and Commissioners'', shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for District Courts, Courts
of Appeals, and Other Judicial Services shall be available for
official reception and representation expenses of the Judicial
Conference of the United States: Provided, That such available
funds shall not exceed $11,000 and shall be administered by the
Director of the Administrative Office of the United States
Courts in the capacity as Secretary of the Judicial Conference.
This title may be cited as the ``Judiciary Appropriations
Act, 2004''.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948;
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange
or purchase of passenger motor vehicles as authorized by law;
and for expenses of general administration, $3,420,000,000:
Provided, That not to exceed 69 permanent positions and
$7,311,000 shall be expended for the Bureau of Legislative
Affairs: Provided further, That, of the amount made available
under this heading, not to exceed $4,000,000 may be transferred
to, and merged with, funds in the ``Emergencies in the
Diplomatic and Consular Service'' appropriations account, to be
available only for emergency evacuations and terrorism rewards:
Provided further, That, of the amount made available under this
heading, $301,563,000 shall be available only for public
diplomacy international information programs: Provided further,
That of the amount made available under this heading,
$3,000,000 shall be available only for the establishment and
operations of an Office on Right-Sizing the United States
Government Overseas Presence: Provided further, That funds
available under this heading may be available for a United
States Government interagency task force to examine, coordinate
and oversee United States participation in the United Nations
headquarters renovation project: Provided further, That no
funds may be obligated or expended for processing licenses for
the export of satellites of United States origin (including
commercial satellites and satellite components) to the People's
Republic of China unless, at least 15 days in advance, the
Committees on Appropriations of the House of Representatives
and the Senate are notified of such proposed action.
In addition, not to exceed $1,371,000 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act; in addition, as
authorized by section 5 of such Act, $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational
Exchange Act, not to exceed $6,000,000, to remain available
until expended, may be credited to this appropriation from fees
or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and, in addition, not to exceed $15,000, which shall
be derived from reimbursements, surcharges, and fees for use of
Blair House facilities.
In addition, for the costs of worldwide security upgrades,
$646,701,000, to remain available until expended: Provided,
That, of the amounts made available under this paragraph,
$5,000,000 is for the State Department to establish the Center
for Antiterrorism and Security Training.
In addition, for the costs of worldwide OpenNet and
classified connectivity infrastructure, $40,000,000, to remain
available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$80,000,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$31,703,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $320,000,000, to remain available until
expended: Provided, That not to exceed $2,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $9,000,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $10,000,000, to remain available until
September 30, 2005.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $530,000,000, to remain
available until expended as authorized, of which not to exceed
$20,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $861,400,000, to
remain available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $1,000,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to and merged with the Repatriation Loans
Program Account, subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $612,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974. In addition, for administrative expenses
necessary to carry out the direct loan program, $607,000, which
may be transferred to and merged with the Diplomatic and
Consular Programs account under Administration of Foreign
Affairs.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $18,782,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $134,979,000.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $1,010,463,000: Provided, That the Secretary of
State shall transmit to the Committees on Appropriations of the
Senate and of the House of Representatives the most recent
biennial budget prepared by the United Nations for the
operations of the United Nations: Provided further, That the
Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency,
as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget and cause the United Nations to exceed
the adopted budget for the biennium 2002-2003 of
$2,891,000,000: Provided further, That any payment of
arrearages under this title shall be directed toward special
activities that are mutually agreed upon by the United States
and the respective international organization: Provided
further, That none of the funds appropriated in this paragraph
shall be available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings: Provided further, That funds
appropriated under this paragraph may be obligated and expended
to pay the full United States assessment to the civil budget of
the North Atlantic Treaty Organization.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$550,200,000, of which 10 percent shall remain available until
September 30, 2005: Provided, That of the amount provided under
this heading, $95,358,000 shall be derived from prior year
unobligated balances from funds previously appropriated under
this heading: Provided further, That none of the funds made
available under this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations of the House of Representatives
and the Senate and other appropriate committees of the Congress
are notified of the estimated cost and length of the mission,
the vital national interest that will be served, and the
planned exit strategy; and (2) a reprogramming of funds
pursuant to section 605 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the
Secretary of State to the appropriate committees of the
Congress that American manufacturers and suppliers are being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds made available under
this heading are available to pay the United States share of
the cost of court monitoring that is part of any United Nations
peacekeeping mission.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$26,000,000.
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $3,551,000, to remain available until
expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182, $8,944,000, of which not to exceed $9,000
shall be available for representation expenses incurred by the
International Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$19,300,000: Provided, That the United State's share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $13,000,000, to remain
available until expended, as authorized.
INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For a grant to the International Center for Middle Eastern-
Western Dialogue Trust Fund, $7,000,000, for operation of the
International Center for Middle Eastern-Western Dialogue,
Istanbul, Turkey, to remain available until expended, of which
$250,000 shall be made available out of such Trust Fund for the
establishment and operation of a steering committee, which the
Secretary of State shall appoint to establish the International
Center for Middle Eastern-Western Dialogue.
INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE
For necessary expenses of the International Center for
Middle Eastern-Western Dialogue, out of the International
Center for Middle Eastern-Western Dialogue Trust Fund, the
total amount of the interest and earnings accruing to such Fund
before October 1, 2004, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2004, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2004, to remain
available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $17,880,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376:
Provided further, That, notwithstanding any other provision of
law, the funds appropriated to the East-West Center
appropriation in Public Law 108-7 may be obligated and expended
notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, as amended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment
for Democracy Act, $40,000,000 to remain available until
expended.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, installation,
rent, and improvement of facilities for radio and television
transmission and reception to Cuba, $546,038,000, of which not
to exceed $16,000 may be used for official receptions within
the United States as authorized, not to exceed $35,000 may be
used for representation abroad as authorized, and not to exceed
$39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty; and in addition,
notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from
cooperating international organizations, and not to exceed
$1,000,000 in receipts from privatization efforts of the Voice
of America and the International Broadcasting Bureau, to remain
available until expended for carrying out authorized purposes:
Provided, That of the amount made available under this heading,
$42,250,000 shall be available to make and supervise grants to
the Middle East Television Network, including Radio Sawa, for
radio and television broadcasting to the Middle East.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of
facilities for radio transmission and reception, and purchase
and installation of necessary equipment for radio and
television transmission and reception as authorized,
$11,395,000, to remain available until expended, as authorized.
General Provisions--Department of State and Related Agency
Sec. 401. Funds appropriated under this title shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
for hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
Sec. 402. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers:
Provided further, That any transfer pursuant to this section
shall be treated as a reprogramming of funds under section 605
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Sec. 403. None of the funds made available in this Act may
be used by the Department of State or the Broadcasting Board of
Governors to provide equipment, technical support, consulting
services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
Sec. 404. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
Sec. 405. Section 2502 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11) is
repealed.
Sec. 406. An application for a visa shall be denied without
prejudice under section 221(g) of the Immigration and
Nationality Act (8 U.S.C. 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 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2003 and 2004, respectively, and
except that section 501(a)(1) of Public Law 104-134 (110 Stat.
1321-51, et seq.) shall not apply to the use of the $2,500,000
to address loss of funding due to Census-based reallocations.
Marine Mammal Commission
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $1,856,000.
National Veterans Business Development Corporation
For necessary expenses of the National Veterans Business
Development Corporation as authorized under section 33(a) of
the Small Business Act, $2,000,000, to remain available until
expended.
Securities and Exchange Commission
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,000
for official reception and representation expenses,
$811,500,000; of which not to exceed $10,000 may be used toward
funding a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of
their delegations, appropriate representatives and staff to
exchange views concerning developments relating to securities
matters, development and implementation of cooperation
agreements concerning securities matters and provision of
technical assistance for the development of foreign securities
markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff
and foreign invitees in attendance at such consultations and
meetings including: (1) such incidental expenses as meals taken
in the course of such attendance; (2) any travel and
transportation to or from such meetings; and (3) any other
related lodging or subsistence: Provided, That fees and charges
authorized by sections 6(b) of the Securities Exchange Act of
1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and
78ee), shall be credited to this account as offsetting
collections: Provided further, That not to exceed $691,500,000
of such offsetting collections shall be available until
expended for necessary expenses of this account: Provided
further, That $120,000,000 shall be derived from prior year
unobligated balances from funds previously appropriated to the
Securities and Exchange Commission: Provided further, That the
total amount appropriated under this heading from the general
fund for fiscal year 2004 shall be reduced as such offsetting
fees are received so as to result in a final total fiscal year
2004 appropriation from the general fund estimated at not more
than $0.
Small Business Administration
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
Small Business Administration as authorized by Public Law 105-
135, including hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343 and 1344, and not to exceed $3,500 for
official reception and representation expenses, $325,750,000:
Provided, That the Administrator is authorized to charge fees
to cover the cost of publications developed by the Small
Business Administration, and certain loan servicing activities:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to be available for carrying out these purposes
without further appropriations: Provided further, That
$89,000,000 shall be available to fund grants for performance
in fiscal year 2004 or fiscal year 2005 as authorized.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $13,000,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of direct loans, $1,910,000, to be available
until expended; and for the cost of guaranteed loans,
$79,132,000, as authorized by 15 U.S.C. 631 note, of which
$45,000,000 shall remain available until September 30, 2005:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That during fiscal year
2004 commitments to guarantee loans under section 503 of the
Small Business Investment Act of 1958, shall not exceed
$4,500,000,000: Provided further, That during fiscal year 2004
commitments for general business loans authorized under section
7(a) of the Small Business Act, shall not exceed
$10,000,000,000 without prior notification of the Committees on
Appropriations of the House of Representatives and Senate in
accordance with section 605 of this Act: Provided further, That
during fiscal year 2004 commitments to guarantee loans for
debentures and participating securities under section 303(b) of
the Small Business Investment Act of 1958, shall not exceed the
levels established by section 20(i)(1)(C) of the Small Business
Act.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $128,000,000, which may be
transferred to and merged with the appropriations for Salaries
and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b) of
the Small Business Act, $56,188,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan program, $114,363,000, which may be transferred to
and merged with appropriations for Salaries and Expenses, of
which $500,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan program and shall be
transferred to and merged with appropriations for the Office of
Inspector General; of which $105,363,000 is for direct
administrative expenses of loan making and servicing to carry
out the direct loan program; and of which $8,500,000 is for
indirect administrative expenses: Provided, That any amount in
excess of $8,500,000 to be transferred to and merged with
appropriations for Salaries and Expenses for indirect
administrative expenses shall be treated as a reprogramming of
funds under section 605 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this paragraph shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of
1992 (Public Law 102-572), $2,250,000: Provided, That not to
exceed $2,500 shall be available for official reception and
representation expenses.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $2,000,000.
TITLE VI--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
Sec. 601. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 602. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 605. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2004, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates new programs; (2) eliminates a
program, project, or activity; (3) increases funds or personnel
by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or
employees; (5) reorganizes or renames offices; (6) reorganizes
programs or activities; or (7) contracts out or privatizes any
functions or activities presently performed by Federal
employees; unless the Appropriations Committees of both Houses
of Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in
fiscal year 2004, or provided from any accounts in the Treasury
of the United States derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, whichever is less, that: (1)
augments existing programs, projects (including construction
projects), or activities; (2) reduces by 10 percent funding for
any existing program, project, or activity, or numbers of
personnel by 10 percent as approved by Congress; or (3) results
from any general savings from a reduction in personnel which
would result in a change in existing programs, activities, or
projects as approved by Congress; unless the Appropriations
Committees of both Houses of Congress are notified 15 days in
advance of such reprogramming of funds.
Sec. 606. None of the funds made available in this Act may
be used for the construction, repair (other than emergency
repair), overhaul, conversion, or modernization of vessels for
the National Oceanic and Atmospheric Administration in
shipyards located outside of the United States.
Sec. 607. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 608. None of the funds made available in this Act may
be used to implement, administer, or enforce any guidelines of
the Equal Employment Opportunity Commission covering harassment
based on religion, when it is made known to the Federal entity
or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58
Fed. Reg. 51266).
Sec. 609. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement, enforce, or otherwise abide by the Memorandum of
Agreement signed by the Federal Trade Commission and the
Antitrust Division of the Department of Justice on March 5,
2002.
Sec. 610. None of the funds made available by this Act may
be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or
expend such funds that: (1) the United Nations undertaking is a
peacekeeping mission; (2) such undertaking will involve United
States Armed Forces under the command or operational control of
a foreign national; and (3) the President's military advisors
have not submitted to the President a recommendation that such
involvement is in the national security interests of the United
States and the President has not submitted to the Congress such
a recommendation.
Sec. 611. The Departments of Commerce, Justice, and State,
the Judiciary and the Small Business Administration shall
provide to the Committees on Appropriations of the Senate and
of the House of Representatives a quarterly accounting of the
cumulative balances of any unobligated funds that were received
by such agency during any previous fiscal year.
Sec. 612. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal
year 2004.
Sec. 613. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 605 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 614. Of the funds appropriated in this Act under the
heading ``Office of Justice Programs--State and Local Law
Enforcement Assistance'', not more than 90 percent of the
amount to be awarded to an entity under the Local Law
Enforcement Block Grant shall be made available to such an
entity when it is made known to the Federal official having
authority to obligate or expend such funds that the entity that
employs a public safety officer (as such term is defined in
section 1204 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968) does not provide such a public safety
officer who retires or is separated from service due to injury
suffered as the direct and proximate result of a personal
injury sustained in the line of duty while responding to an
emergency situation or a hot pursuit (as such terms are defined
by State law) with the same or better level of health insurance
benefits at the time of retirement or separation as they
received while on duty.
Sec. 615. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 616. (a) None of the funds appropriated or otherwise
made available by this Act shall be expended for any purpose
for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2004.
Sec. 617. (a) None of the funds appropriated pursuant to
this Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in
connection with the implementation of subsection 922(t)
of title 18, United States Code; and
(2) any system to implement subsection 922(t) of
title 18, United States Code, that does not require and
result in the destruction of any identifying
information submitted by or on behalf of any person who
has been determined not to be prohibited from
possessing or receiving a firearm no more than 24 hours
after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g)
or (n) of section 922 of title 18, United States Code,
or State law.
(b) Subsection (a)(2) shall take effect not later than 180
days after enactment of this Act.
Sec. 618. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under 42
U.S.C. 10601 in any fiscal year in excess of $625,000,000 shall
not be available for obligation until the following fiscal
year.
Sec. 619. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 620. None of the funds appropriated or otherwise made
available to the Department of State shall be available for the
purpose of granting either immigrant or nonimmigrant visas, or
both, consistent with the determination of the Secretary of
State under section 243(d) of the Immigration and Nationality
Act, to citizens, subjects, nationals, or residents of
countries that the Secretary of Homeland Security has
determined deny or unreasonably delay accepting the return of
citizens, subjects, nationals, or residents under that section.
Sec. 621. For additional amounts under the heading ``Small
Business Administration, Salaries and Expenses'', $1,592,000
shall be available for the Advanced and Applied Polymer
Processing Institute; $500,000 shall be available for Northeast
South Dakota Tech-Based Skills Development; $750,000 shall be
available for the Southern Methodist University Law School Rule
of Law; $1,000,000 shall be available for the Accelerated
Entrepreneur ``AcE'' Program; $500,000 shall be available for
the National Mass Fatalities Institute; $1,000,000 shall be
available for the Textile Tracers Program; $500,000 shall be
available for the Maryland Technology-Based Rural Business
Incubation Initiative; $1,000,000 shall be available for the
Northeast Indiana Innovation Center; $750,000 shall be
available for the Lewis and Clark Bicentennial Bi-State Safety
Project; $1,000,000 shall be available for the Greenville
Automotive Research Park; $1,000,000 shall be available for the
Indiana University Kokomo Business Incubator; $1,593,000 shall
be available for the Tuck School of Business for its
partnership with the Minority Business Development
Administration; $500,000 shall be available for Project
Restore; $325,000 shall be available for the School of the
Building Arts Trade Program; $500,000 shall be available for
the South Carolina Export Consortium; $500,000 shall be
available for the Freewoods Farm Living Farm Museum in Horry
County, South Carolina; $1,590,000 shall be available for the
Alaska InvestNet/Technology Venture Center and Tech Ranch in
Montana; $1,000,000 shall be available for Youth and Family
with Promises; $500,000 shall be available for the Wisconsin
Procurement Institute; $1,000,000 shall be available for the
Next Generation Economy Initiative; $1,000,000 shall be
available for the Westside Intercept Project; $250,000 shall be
available for the International Trade Data Network; $1,000,000
shall be available for the University of Missouri-St. Louis
Information Technology Incubator Project; $750,000 shall be
available for the Idaho Virtual Incubator/Lewis-Clark State
College; $850,000 shall be available for the UNI Student
Business Incubator; $1,500,000 shall be available for the
promotion and operation of the grant to the Adelante
Development Center, Inc., in Albuquerque, New Mexico; $250,000
shall be available for the Mississippi Delta Technology
Council; $2,250,000 shall be available for a grant to the
Virginia Community College System (VCCS) for improvement of
distance learning programs; $175,000 shall be available for a
grant to the Loudoun Convention and Visitors Association in
Virginia; $100,000 shall be available for a grant to The Cedar
Creek Battlefield Foundation; $100,000 shall be available for a
grant to Belle Grove Plantation; $750,000 shall be available
for a grant to Shenandoah University to develop a historical
and tourism development facility; $1,000,000 shall be available
for a grant to the Northern Virginia Technology Council for a
technology entrepreneurship development and resource center;
$100,000 shall be available for a grant to the Washington
Airports Task Force to promote small business growth of
passenger, cargo and other aviation services; $100,000 shall be
available for a grant to Team Northeast Ohio; $500,000 shall be
available for a grant to Wilberforce University for a
technology initiative; $250,000 shall be available for a grant
for REI Rural Business Resources Center in Seminole, Oklahoma;
$1,100,000 shall be available for a grant to Iowa State
University for the development of a research park biologics
facility; $200,000 shall be available for a grant to the
Clarion County Economic Development Corporation; $200,000 shall
be available for a grant to the Venango Economic Development
Corporation; $900,000 shall be available for a grant to the
Illinois Institute of Technology to examine and assess
advancements in biotechnologies; $1,000,000 shall be available
for the Illinois Coalition for technology development
assistance activities; $200,000 shall be available for a grant
for the Port of Benton for the planning of a science and
technology park in Richland, Washington; $1,500,000 shall be
available for a grant to Rockford Area Ventures, Rockford,
Illinois, to establish a small manufacturing business incubator
and technology research and development center; $100,000 shall
be available for a grant to Western Kentucky University for a
business incubator; $200,000 shall be available for a grant for
the Chicago Field Museum for a collections resource center;
$100,000 shall be available for a grant for the Purdue
University School of Pharmacy for the development of a national
center for pharmaceutical technology; $100,000 shall be
available for a grant to the Cedarbridge Development Urban
Renewal Corporation for facilities development; $100,000 shall
be available for a grant for Concourse Village in the Bronx,
New York; $500,000 shall be available for a grant to Pro Co
Technology Computer Training Center in the Bronx, New York, for
a computer learning center; $200,000 shall be available for a
grant for the Promesa Foundation in South Bronx, New York, to
provide community growth funding; $560,000 shall be available
for a grant to Bronx Shepherds for a community resource center;
$200,000 shall be available for a grant to HOGAR, Inc. in the
Bronx, New York; $100,000 shall be available for a grant to the
Alliance for Community Services for economic development in the
Bronx, New York; $300,000 shall be available for a grant to
Promesa Enterprises to provide services and support to
community based organizations in the Bronx, New York; $300,000
shall be available for a grant to Bronx Overall Economic
Development Corporation for technical assistance opportunities
for businesses; $250,000 shall be available for a grant to St.
Mary's College for a telecommunications initiative; $1,200,000
shall be available for a grant to the MountainMade Foundation
to fulfill its charter purposes and to continue the initiative
developed by the NTTC for outreach and promotion, business and
sites development, the education of artists and craftspeople,
and to promote small businesses, artisans and their products
through market development, advertisement, commercial sale and
other promotional means; $1,000,000 shall be available for the
Providence, Rhode Island Center for Women and Enterprise for
infrastructure development; $1,200,000 shall be available for a
grant for Northwest Shoals Community College to establish a
Center for Business and Industry; $950,000 shall be available
for a grant to the Family and Children's Service in
Minneapolis, Minnesota for community support and development
programs; $1,000,000 shall be available for a grant to the
Wisconsin Procurement Institute to develop an electronic based
system to provide access and opportunity to Federal funding;
$200,000 shall be for a grant to the National Association of
Development Organizations Research Foundation to provide
training and education assistance to small business development
finance professionals; $750,000 shall be for a grant to the
North Carolina Rural Economic Development Center for expenses
and activities in support of the Capital Access Program;
$500,000 shall be for a grant for the Women's Initiative for
Self Employment in San Francisco, California; $400,000 shall be
for a grant to Johnstown Area Regional Industries in
Pennsylvania for workforce development training programs and
Small Business Technology Centers; $400,000 shall be for a
grant to Seton Hill University for expenses in support of the
Virtual Entrepreneurial Center; $200,000 shall be for a grant
to the Economic Growth Connection Paperless Procurement
Program; $200,000 shall be for a grant for the Ridgewood Myrtle
Avenue Business Improvement District to conduct a redevelopment
study; $400,000 shall be for a grant to Progress, Inc. to
establish a Community Technology Center; $150,000 shall be for
a grant for UPROSE for the ``Sunset Youth Industries'' project;
$415,000 shall be available for a grant to the Southern and
Eastern Kentucky Tourism Development Association for
continuation of a regional tourism promotion initiative; and
$300,000 shall be for the Arthur Avenue Retail Market in the
Bronx, New York, for facility, improvement, and maintenance
needs to meet the Market's business requirements: Provided,
That Section 625 of Title I of Division B of Public Law 108-7
is amended with respect to a grant of: (1) $450,000 to the
Bronx Council on the Arts by 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 representative of the larger
universe of all firearms used by criminals, or any
subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for
firearms traced do not necessarily represent the
sources or methods by which firearms in general are
acquired for use in crime.
Sec. 631. Section 503(f) of the Small Business Investment
Act of 1958 (15 U.S.C. 697(f)) shall be amended by substituting
``March 15, 2004'' for the last date that appears in the
subsection.
Sec. 632. In addition to amounts otherwise appropriated in
this Act, the unobligated balances previously made available by
section 507(g) of Public Law 105-135 shall be available until
expended for the cost of general business loans under section
7(a) of the Small Business Act.
Sec. 633. (a) There is established in the Treasury of the
United States a trust fund to be known as the International
Center for Middle Eastern-Western Dialogue Trust Fund. The
income from the fund shall be used for operations of the
International Center for Middle Eastern-Western Dialogue to
promote dialogue and scholarship in the Middle East. The fund
may accept contributions and gifts from public and private
sources.
(b) It shall be the duty of the Secretary of the Treasury
to invest in full amounts made available to the fund. Such
investments may be made only in interest-bearing obligations of
the United States or in obligations guaranteed as to both
principal and interest by the United States. The interest on,
and the proceeds from the sale or redemption of, any
obligations held in the fund shall be credited to and form a
part of the fund and shall remain available without fiscal year
limitation.
(c) For each fiscal year, there is authorized to be
appropriated from the fund for the operations of the
International Center for Middle Eastern-Western Dialogue the
total amount of the interest and earnings credited to the fund
under subsection (b).
(d) There are authorized to be appropriated to the
International Center for Middle Eastern-Western Dialogue Trust
Fund, without fiscal year limitation, such sums as may be
necessary to carry out the provisions of this section and to
provide for the permanent endowment for the International
Center for Middle Eastern-Western Dialogue established under
this section.
(e) The United States, through the Department of State,
shall retain ownership of the Palazzo Corpi building in
Istanbul, Turkey, and the Secretary of State shall be
responsible for maintaining the International Center for Middle
Eastern-Western Dialogue at such location.
(f) Section 1321(a) of title 31, United States Code, is
amended by inserting after ``(58) Inmates' fund, workhouse and
reformatory, District of Columbia.'' the following new
paragraph:
``(59) International Center for Middle Eastern-
Western Dialogue Trust Fund.''.
Sec. 634. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
Sec. 635. None of the funds made available in this Act may
be used to pay expenses for any United States delegation to the
United Nations Human Rights Commission if such commission is
chaired or presided over by a country, the government of which
the Secretary of State has determined, for purposes of section
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)), has repeatedly provided support for acts of
international terrorism.
Sec. 636. None of the funds made available in this Act may
be used in violation of section 212(a)(10)(C) of the
Immigration and Nationality Act.
Sec. 637. (a) This section may be cited as the ``HELP
Commission Act''.
(b)(1) The Congress finds that, despite the long-standing
efforts and resources of the United States dedicated to helping
needy people around the world, despair remains and in many
areas is growing.
(2) Therefore, a commission should be established to bring
together the best minds associated with development and
humanitarian assistance to make a comprehensive review of--
(A) policy decisions, including why certain
development projects are funded and others are not,
successes, and best practices, including their
applicability to other existing programs and projects;
(B) delivery obstacles, including the roles of
United States agencies and other governmental and
nongovernmental organizations;
(C) methodology, including whether the delivery of
United States development assistance always represents
best practices and whether it can be improved; and
(D) results, including measuring improvements in
human capacity instead of in purely economic terms.
(3) An examination of these issues should present new
approaches and ideas to ensure that United States development
assistance reaches and benefits its intended recipients.
(c)(1) There is established the Helping to Enhance the
Livelihood of People (HELP) Around the Globe Commission (in
this section referred to as the ``Commission'').
(2) The Commission shall--
(A) identify the past and present objectives of
United States development assistance, identify cases in
which those objectives have been met, identify the
beneficiaries of such assistance, and what percentage
of the funds provided actually reached the intended
beneficiaries;
(B) identify cases in which United States
development assistance has been most successful, and
analyze how such successes may be transferable to other
countries or areas;
(C) study ways to expand educational opportunities
and investments in people, and assess infrastructure
needs;
(D) analyze how the United States could place
conditions on governments in countries receiving United
States development assistance, in light of and
notwithstanding the objectives of the Millennium
Challenge Account;
(E) analyze ways in which the United States can
coordinate its development assistance programs with
those of other donor countries and international
organizations;
(F) analyze ways in which the safety of development
assistance workers can be ensured, particularly in the
midst of conflicts;
(G) compare the effectiveness of increased and open
trade with development assistance, and analyze the
advantages and disadvantages of such trade and whether
such trade could be a more effective alternative to
United States development assistance;
(H) analyze ways in which the United States can
strengthen the capacity of indigenous nongovernmental
organizations to be more effective in grassroots
development;
(I) analyze ways in which decisions on providing
development assistance can involve more of the people
of the recipient countries;
(J) analyze ways in which results can be measured
if United States development assistance is targeted to
the least developed countries;
(K) recommend standards that should be set for
``graduating'' recipient countries from United States
development assistance;
(L) analyze whether United States development
assistance should be used as a means to achieve United
States foreign policy objectives;
(M) analyze how the United States can evaluate the
performance of its development assistance programs not
only against economic indicators, but in other ways,
including how to measure the success of United States
development assistance in democratization efforts; and
evaluate the existing foreign assistance framework to
ascertain the degree of coordination, or lack thereof,
of the disparate foreign development programs as
administered by the various Federal agencies, to
identify and assess the redundancies of programs and
organizational structures engaged in foreign
assistance, and to recommend revisions to authorizing
legislation for foreign assistance that would seek to
reconcile competing foreign policy and foreign aid
goals; and
(N) study any other areas that the Commission
considers necessary relating to United States
development assistance.
(d)(1) The Commission shall be composed of 21 members as
follows:
(A) Six members shall be appointed by the
President, of whom at least two shall be
representatives of nongovernmental organizations.
(B) Four members shall be appointed by the majority
leader of the Senate, and three members shall be
appointed by the minority leader of the Senate.
(C) Four members shall be appointed by the Speaker
of the House of Representatives, and three members
shall be appointed by the minority leader of the House
of Representatives.
(D) The Administrator of the United States Agency
for International Development shall serve as a member
of the Commission, ex officio.
(2) Members under subparagraphs (A) through (C) of
paragraph (1) shall be appointed for the life of the
Commission.
(3) Members of the Commission shall be selected from among
individuals noted for their knowledge and experience in foreign
assistance, particularly development and humanitarian
assistance.
(4) The appointments under paragraph (1) shall be made not
later than 60 days after the date of the enactment of this
section.
(5) The President shall designate one of the members of the
Commission not currently in government service as the Chair of
the Commission.
(6) In order to facilitate the workload of the Commission,
the Commission shall divide the membership of the Commission
into three subcommittees representing the different regions of
the world to which the United States provides development
assistance, the membership of each subcommittee to be
proportional to the percentage of United States development
assistance provided to the region represented by the
subcommittee. Each subcommittee shall elect one of its members
as Chair of the subcommittee.
(7)(A) Eleven members of the Commission shall constitute a
quorum for purposes of transacting the business of the
Commission. The Commission shall meet at the call of the Chair.
(B) A majority of the members of each regional subcommittee
shall constitute a quorum for purposes of transacting the
business of the subcommittee. Each subcommittee shall meet at
the call of the Chair of the subcommittee.
(8) Any vacancy of the Commission shall not affect its
powers, but shall be filled in the manner in which the original
appointment was made.
(9) The Administrator of General Services shall provide to
the Commission on a reimbursable basis (or, in the discretion
of the Administrator, on a nonreimbursable basis) such
administrative support services as the Commission may request
to carry out this section.
(10)(A) Subject to subparagraph (B), members of the
Commission shall serve without pay.
(B) Members of the Commission who are full-time officers or
employees of the United States or Members of Congress may not
receive additional pay, allowances, or benefits by reason of
their service on the Commission.
(11) Members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Commission.
(12)(A) The Chairman of the Commission may, without regard
to the civil service laws and regulations, appoint and
terminate an executive director and such other additional
personnel as may be necessary to enable the Commission to
perform its duties. The employment of an executive director
shall be subject to confirmation by the Commission.
(B) To the extent or in the amounts provided in advance in
appropriations Acts--
(i) the executive director shall be compensated at
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code; and
(ii) the Chairman of the Commission may fix the
compensation of other personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates, except that the rate of pay for such personnel
may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(e)(1) The Commission may, for the purpose of carrying out
its functions under this section, hold hearings, sit and act at
times and places in the United States and in countries that
receive United States development assistance, take testimony,
and receive evidence as the Commission considers advisable to
carry out the purposes of this section.
(2) The Commission may secure directly from any Federal
department or agency such information as the Commission
considers necessary to carry out the provisions of this
section. Upon request of the Chair of the Commission, the head
of such department or agency shall furnish such information to
the Commission, subject to applicable law.
(3) The Commission may use the United States mails in the
same manner and under the same conditions as other departments
and agencies of the Federal Government.
(4) The Commission may adopt such rules and regulations,
relating to administrative procedure, as may be reasonably
necessary to enable it to carry out the provisions of this
section.
(5) The Members of the Commission may, with the approval of
the Commission, conduct such travel as is necessary to carry
out the purposes of this section. Each trip must be approved by
a majority of the Commission.
(6) Upon the request of the Commission, the head of any
Federal department or agency may detail, on a reimbursable or
nonreimbursable basis, any of the personnel of that department
or agency to the Commission to assist it in carrying out its
functions under this section. The detail of any such personnel
shall be without interruption or loss of civil service or
Foreign Service status or privilege.
(f)(1) Not later than 2 years after the members of the
Commission are appointed under subsection (d)(1), the
Commission shall submit a report to the President, the
Secretary of State, the Committee on Appropriations and the
Committee on International Relations of the House of
Representatives, and the Committee on Appropriations and the
Committee on Foreign Relations of the Senate, setting forth its
findings and recommendations under section (c)(2).
(2) The report may be submitted in classified form,
together with a public summary of recommendations, if the
classification of information would further the purposes of
this section.
(3) Each member of the Commission may include the
individual or dissenting views of the member.
(g) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(h) In this section, the term ``United States development
assistance'' means--
(1) assistance provided by the United States under
chapters 1, 10, 11, and 12 of part I of the Foreign
Assistance Act of 1961; and
(2) assistance provided under any other provision
of law to carry out purposes comparable to those set
forth in the provisions referred to in paragraph (1).
(i)(1) There are authorized to be appropriated to the
Commission such sums as may be necessary to carry out this
section.
(2) Amounts authorized to be appropriated under subsection
(a) are authorized to remain available until expended, but not
later than the date of termination of the Commission.
(j) The Commission shall terminate 30 days after the
submission of its report under subsection (f).
(k)(1) Not later than April 1, 2004, and April 1 of each
third year thereafter, the President shall transmit to the
Congress a report that analyzes, on a country-by-country basis,
the impact and effectiveness of United States economic
assistance furnished to each country during the preceding 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.
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, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer who
shall use those funds solely for the purposes of carrying out
the Resident Tuition Support Program: Provided further, That
the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and Senate for these funds
showing, by object class, the expenditures made and the purpose
therefor: Provided further, That not more than 7 percent of the
total amount appropriated for this program may be used for
administrative expenses.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
For necessary expenses, as determined by the Mayor of the
District of Columbia in written consultation with the elected
county or city officials of surrounding jurisdictions,
$11,000,000, to remain available until expended, to reimburse
the District of Columbia for the costs of providing public
safety at events related to the presence of the national
capital in the District of Columbia and for the costs of
providing support to respond to immediate and specific
terrorist threats or attacks in the District of Columbia or
surrounding jurisdictions: Provided, That any amount provided
under this heading shall be available only after notice of its
proposed use has been transmitted by the President to Congress
and such amount has been apportioned pursuant to chapter 15 of
title 31, United States Code.
Federal Payment to the District of Columbia Courts
For salaries and expenses for the District of Columbia
Courts, $167,765,000, to be allocated as follows: for the
District of Columbia Court of Appeals, $8,775,000, of which not
to exceed $1,500 is for official reception and representation
expenses; for the District of Columbia Superior Court,
$83,387,000, of which not to exceed $1,500 is for official
reception and representation expenses; for the District of
Columbia Court System, $40,006,000, of which not to exceed
$1,500 is for official reception and representation expenses;
and $35,597,000, to remain available until September 30, 2005,
for capital improvements for District of Columbia courthouse
facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the General
Services Administration master plan study and building
evaluation report: Provided further, That notwithstanding any
other provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration
(GSA), said services to include the preparation of monthly
financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations
of the House of Representatives and Senate, the Committee on
Government Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate: Provided
further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives
and Senate, the District of Columbia Courts may reallocate not
more than $1,000,000 of the funds provided under this heading
among the items and entities funded under such heading.
Defender Services in District of Columbia Courts
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice Act),
payments for counsel appointed in proceedings in the Family
Court of the Superior Court of the District of Columbia under
chapter 23 of title 16, D.C. Official Code, or pursuant to
contractual agreements to provide guardian ad litem
representation, training, technical assistance and/or such
other services as are necessary to improve the quality of
guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title 16,
D.C. Code, and payments for counsel authorized under section
21-2060, D.C. Official Code (relating to representation
provided under the District of Columbia Guardianship,
Protective Proceedings, and Durable Power of Attorney Act of
1986), $32,000,000, to remain available until expended:
Provided, That the funds provided in this Act under the heading
``Federal Payment to the District of Columbia Courts'' (other
than the $35,597,000 provided under such heading for capital
improvements for District of Columbia courthouse facilities)
may also be used for payments under this heading: Provided
further, That in addition to the funds provided under this
heading, the Joint Committee on Judicial Administration in the
District of Columbia shall use funds provided in this Act under
the heading ``Federal Payment to the District of Columbia
Courts'' (other than the $35,597,000 provided under such
heading for capital improvements for District of Columbia
courthouse facilities), to make payments described under this
heading for obligations incurred during any fiscal year:
Provided further, That funds provided under this heading shall
be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further,
That notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies, with payroll and financial services to be provided on
a contractual basis with the General Services Administration
(GSA), said services to include the preparation of monthly
financial reports, copies of which shall be submitted directly
by GSA to the President and to the Committees on Appropriations
of the House of Representatives and Senate, the Committee on
Government Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia and the Public
Defender Service for the District of Columbia, as authorized by
the National Capital Revitalization and Self-Government
Improvement Act of 1997, $168,435,000, of which not to exceed
$2,000 is for official reception and representation expenses
related to Community Supervision and Pretrial Services Agency
programs; of which not to exceed $25,000 is for dues and
assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision
Act of 2002; of which $105,814,000 shall be for necessary
expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision
of adults subject to protection orders or the provision of
services for or related to such persons; of which $37,411,000
shall be available to the Pretrial Services Agency; and of
which $25,210,000 shall be transferred to the Public Defender
Service for the District of Columbia: Provided, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of other
Federal agencies: Provided further, That notwithstanding
chapter 12 of title 40, United States Code, the Director may
acquire by purchase, lease, condemnation, or donation, and
renovate as necessary, Building Number 17, 1900 Massachusetts
Avenue, Southeast, Washington, District of Columbia to house or
supervise offenders and defendants, with funds made available
for this purpose in Public Law 107-96: Provided further, That
the Director is authorized to accept and use gifts in the form
of in-kind contributions of space and hospitality to support
offender and defendant programs, and equipment and vocational
training services to educate and train offenders and
defendants: Provided further, That the Director shall keep
accurate and detailed records of the acceptance and use of any
gift or donation under the previous proviso, and shall make
such records available for audit and public inspection.
Federal Payment to the District of Columbia Water and Sewer Authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $30,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent match
for this payment.
Federal Payment for Hospital Bioterrorism Preparedness in the District
of Columbia
For a Federal payment to the District of Columbia
Department of Health to support hospital bioterrorism
preparedness in the District of Columbia, $7,500,000, of which
$3,750,000 shall be for the Children's National Medical Center
in the District of Columbia for the expansion of quarantine
facilities and the establishment of a decontamination facility,
and $3,750,000 shall be for the Washington Hospital Center for
construction of containment facilities.
Federal Payment for the Anacostia Waterfront Initiative
For a Federal payment to the District of Columbia
Department of Transportation, $5,000,000, to remain available
until September 30, 2005, for design and construction of a
continuous pedestrian and bicycle trail system from the Potomac
River to the District's border with Maryland.
Federal Payment to the Criminal Justice Coordinating Council
For a Federal payment to the Criminal Justice Coordinating
Council, $1,300,000, to support initiatives related to the
coordination of Federal and local criminal justice resources in
the District of Columbia.
Federal Payment for Capital Development in the District of Columbia
For a Federal payment to the District of Columbia for
capital development, $8,150,000, to remain available until
expended, of which $150,000 shall be for renovations at Eastern
Market and $8,000,000 shall be for the Unified Communications
Center.
Federal Payment for Public School Facilities
For a Federal payment to the District of Columbia Public
Schools, $4,500,000, of which $500,000 shall be for a window
repair and reglazing program and $4,000,000 shall be for a
playground repair and replacement program.
Federal Payment for a Family Literacy Program
For a Federal payment to the District of Columbia,
$2,000,000 for a family literacy program to address the needs
of literacy-challenged parents while endowing their children
with an appreciation for literacy and strengthening familial
ties: Provided, That the District of Columbia shall provide a
100 percent match with local funds as a condition of receiving
this payment.
Federal Payment for Transportation Assistance
For a Federal payment to the District of Columbia
Department of Transportation, $3,500,000, of which $500,000
shall be allocated to implement a downtown circulator transit
system, and of which $3,000,000 shall be to offset a portion of
the District of Columbia's allocated operating subsidy payment
to the Washington Metropolitan Area Transit Authority.
Federal Payment for Foster Care Improvements in the District of
Columbia
For a Federal payment to the District of Columbia for
foster care improvements, $14,000,000: Provided, That
$9,000,000 shall be for the Child and Family Services Agency,
of which $2,000,000 shall be to establish an early intervention
program to provide intensive and immediate services for foster
children; of which $1,000,000 shall be to establish an
emergency support fund to purchase items necessary to allow
children to remain in the care of an approved and licensed
family member; of which $3,000,000 shall be for a loan
repayment program for social workers who meet certain agency-
established requirements; of which $3,000,000 shall be to
upgrade the agency's computer database to a web-based
technology and to provide computer technology for social
workers: Provided further, That $3,900,000 shall be for the
Department of Mental Health to provide all court-ordered or
agency-required mental health screenings, assessments and
treatments for children under the supervision of the Child and
Family Services Agency: Provided further, That the Director of
the Department of Mental Health shall initiate court-ordered or
agency-required mental health services within 3 days of
notification that service is needed: Provided further, That the
Director of the Department of Mental Health shall ensure that
court-ordered or agency-required mental health assessments are
completed within 15 days of the request and that all
assessments be provided to the Court within 5 days of
completion of the assessment: Provided further, That $1,100,000
shall be for the Washington Metropolitan Council of
Governments, to develop a program in conjunction with the
Foster and Adoptive Parents Advocacy Center, to provide respite
care for and recruitment of foster parents: Provided further,
That the Mayor shall submit a detailed expenditure plan for the
use of funds provided under this heading within 15 days of
enactment of this legislation to the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That the funds provided under this heading
shall not be made available until 30 calendar days after the
submission of a spending plan to the Committees on
Appropriations of the House of Representatives and Senate:
Provided further, That with the exception of funds provided for
the Department of Mental Health and the Washington Metropolitan
Council of Governments, no part of this appropriation may be
used for contractual community-based services: Provided
further, That the Comptroller General shall prepare and submit
to the Committees on Appropriations of the House of
Representatives and Senate an accounting of all obligations and
expenditures of the funds provided under this heading: Provided
further, That the Comptroller General shall initiate management
reviews of the Child and Family Services Agency and the
Department of Mental Health and shall submit a report to the
Committees on Appropriations of the House of Representatives
and Senate no later than 6 months after enactment of this Act.
Federal Payment to the Office of the Chief Financial Officer of the
District of Columbia
For a Federal payment to the Office of the Chief Financial
Officer of the District of Columbia, $32,350,000: Provided,
That these funds shall be available for the projects and in the
amounts specified in the statement of the managers on the
conference report accompanying this Act: Provided further, That
each entity that receives funding under this heading shall
submit to the Office of the Chief Financial Officer of the
District of Columbia and the Committees on Appropriations of
the House of Representatives and Senate a report on the
activities carried out with such funds no later than March 15,
2004.
Federal Payment for Emergency Personnel Cross Training
For a Federal payment to the Emergency Management Agency,
$500,000 for activities related to the cross training of police
officers, firefighters, emergency medical technicians, and
other emergency personnel: Provided, That this funding shall
not be obligated until the Agency submits a detailed cross
training plan for the District's public safety workforce to the
Committees on Appropriations of the House of Representatives
and Senate.
Federal Payment for School Improvement
For a Federal payment for a School Improvement Program in
the District of Columbia, $40,000,000, to be allocated as
follows: for the District of Columbia Public Schools,
$13,000,000 to improve public school education in the District
of Columbia, as specified in the statement of the managers on
the conference report accompanying this Act; for the State
Education Office, $13,000,000 to expand quality charter schools
in the District of Columbia, as specified in the statement of
the managers on the conference report accompanying this Act;
for the Secretary of the Department of Education, $14,000,000
to provide opportunity scholarships for students in the
District of Columbia in accordance with title III of this Act,
of which up to $1,000,000 may be used to administer and fund
assessments for title III of this Act: Provided, That the
District of Columbia Public Schools shall submit a plan for the
use of funds provided under this heading for public school
education to the Committees on Appropriations of the House of
Representatives and Senate, and the Committee on Education and
the Workforce and the Committee on Government Reform of the
House of Representatives, and the Committee on Health,
Education, Labor, and Pensions of the Senate: Provided further,
That the funds provided under this heading for public school
education shall not be made available until 30 calendar days
after the submission of a spending plan by the District of
Columbia Public Schools to the Committees on Appropriations of
the House of Representatives and Senate.
TITLE II--DISTRICT OF COLUMBIA FUNDS
OPERATING EXPENSES
Division of Expenses
The following amounts are appropriated for the District of
Columbia for the current fiscal year out of the general fund of
the District of Columbia, except as otherwise specifically
provided: Provided, That notwithstanding any other provision of
law, except as provided in section 450A of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50a) and
section 417 and section 436 of this Act, the total amount
appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2004 under this heading
shall not exceed the lesser of the sum of the total revenues of
the District of Columbia for such fiscal year or $6,326,138,000
(of which $3,832,734,000 shall be from local funds,
$1,568,734,000 shall be from Federal grant funds, $910,904,000
shall be from other funds, and $13,766,000 shall be from
private funds), in addition, $119,650,000 from funds previously
appropriated in this Act as Federal payments: Provided further,
That this amount may be increased by proceeds of one-time
transactions, which are expended for emergency or unanticipated
operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law
and shall comply with all reserve requirements contained in the
District of Columbia Home Rule Act as amended by this Act:
Provided further, That the Chief Financial Officer of the
District of Columbia shall take such steps as are necessary to
assure that the District of Columbia meets these requirements,
including the apportioning by the Chief Financial Officer of
the appropriations and funds made available to the District
during fiscal year 2004, except that the Chief Financial
Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for
capital projects.
Governmental Direction and Support
Governmental direction and support, $284,415,000 (including
$206,825,000 from local funds, $57,440,000 from Federal grant
funds, and $20,150,000 from other funds), in addition,
$32,350,000 from funds previously appropriated in this Act
under the heading ``Federal Payment to the Office of the Chief
Financial Officer of the District of Columbia'', $11,000,000
from funds previously appropriated in this Act under the
heading ``Federal Payment for Emergency Planning and Security
Costs in the District of Columbia'', $2,000,000 from funds
previously appropriated in this Act under the heading ``Federal
Payment for a family literacy program'', and $1,100,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Foster Care Improvements in the District
of Columbia'': Provided, That not to exceed $2,500 for the
Mayor, $2,500 for the Chairman of the Council of the District
of Columbia, $2,500 for the City Administrator, and $2,500 for
the Office of the Chief Financial Officer shall be available
from this appropriation for official reception and
representation expenses: Provided further, That any program
fees collected from the issuance of debt shall be available for
the payment of expenses of the debt management program of the
District of Columbia: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Statehood Commission and Statehood Compact
Commission: Provided further, That the District of Columbia
shall identify the sources of funding for Admission to
Statehood from its own locally generated revenues: Provided
further, That notwithstanding any other provision of law, or
Mayor's Order 86-45, issued March 18, 1986, the Office of the
Chief Technology Officer's delegated small purchase authority
shall be $500,000: Provided further, That the District of
Columbia government may not require the Office of the Chief
Technology Officer to submit to any other procurement review
process, or to obtain the approval of or be restricted in any
manner by any official or employee of the District of Columbia
government, for purchases that do not exceed $500,000: Provided
further, That not to exceed $25,000, to remain available until
expended, of the funds in the District of Columbia Antitrust
Fund established pursuant to section 820 of the District of
Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C.
Official Code, sec. 2-308.20) is hereby made available for the
use of the Office of the Corporation Counsel of the District of
Columbia in accordance with the laws establishing this fund.
Economic Development and Regulation
Economic development and regulation, $276,647,000
(including $53,336,000 from local funds, $91,077,000 from
Federal grant funds, $132,109,000 from other funds, and
$125,000 from private funds), of which $15,000,000 collected by
the District of Columbia in the form of BID tax revenue shall
be paid to the respective BIDs pursuant to the Business
Improvement Districts Act of 1996 (D.C. Law 11-134; D.C.
Official Code, sec. 2-1215.01 et seq.), and the Business
Improvement Districts Amendment Act of 1997 (D.C. Law 12-26;
D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That
such funds are available for acquiring services provided by the
General Services Administration: Provided further, That
Business Improvement Districts shall be exempt from taxes
levied by the District of Columbia.
Public Safety and Justice
Public safety and justice, $745,958,000 (including
$716,715,000 from local funds, $10,290,000 from Federal grant
funds, $18,944,000 from other funds, and $9,000 from private
funds), in addition, $1,300,000 from funds previously
appropriated in this Act under the heading ``Federal Payment to
the Criminal Justice Coordinating Council'' and $500,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Emergency Personnel Cross Training'':
Provided, That not to exceed $500,000 shall be available from
this appropriation for the Chief of Police for the prevention
and detection of crime: Provided further, That the Mayor shall
reimburse the District of Columbia National Guard for expenses
incurred in connection with services that are performed in
emergencies by the National Guard in a militia status and are
requested by the Mayor, in amounts that shall be jointly
determined and certified as due and payable for these services
by the Mayor and the Commanding General of the District of
Columbia National Guard: Provided further, That such sums as
may be necessary for reimbursement to the District of Columbia
National Guard under the preceding proviso shall be available
from this appropriation, and the availability of the sums shall
be deemed as constituting payment in advance for emergency
services involved.
Public Education System
(INCLUDING TRANSFERS OF FUNDS)
Public education system, including the development of
national defense education programs, $1,157,841,000 (including
$962,941,000 from local funds, $156,708,000 from Federal grant
funds, $27,074,000 from other funds, $4,302,000 from private
funds, and not to exceed $6,816,000, to remain available until
expended, from the Medicaid and Special Education Reform Fund
established pursuant to the Medicaid and Special Education
Reform Fund Establishment Act of 2002 (D.C. Law 14-190; D.C.
Official Code 4-204.51 et seq.)), in addition, $17,000,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Resident Tuition Support'', $4,500,000
from funds previously appropriated in this Act under the
heading ``Federal Payment for Public School Facilities'', and
$26,000,000 from funds previously appropriated in this Act
under the heading ``Federal Payment for School Improvement in
the District of Columbia'' to be allocated as follows:
(1) District of columbia public schools.--
$870,135,000 (including $738,444,000 from local funds,
$114,749,000 from Federal grant funds, $6,527,000 from
other funds, $3,599,000 from private funds, and not to
exceed $6,816,000, to remain available until expended,
from the Medicaid and Special Education Reform Fund
established pursuant to the Medicaid and Special
Education Reform Fund Establishment Act of 2002 (D.C.
Law 14-190; D.C. Official Code 4-204.51 et seq.)), in
addition, $4,500,000 from funds previously appropriated
in this Act under the heading ``Federal Payment for
Public School Facilities'' and $13,000,000 from funds
previously appropriated in this Act under the heading
``Federal Payment for School Improvement in the
District of Columbia'' shall be available for District
of Columbia Public Schools: Provided, That
notwithstanding any other provision of law, rule, or
regulation, the evaluation process and instruments for
evaluating District of Columbia Public School employees
shall be a non-negotiable item for collective
bargaining purposes: Provided further, That this
appropriation shall not be available to subsidize the
education of any nonresident of the District of
Columbia at any District of Columbia public elementary
or secondary school during fiscal year 2004 unless the
nonresident pays tuition to the District of Columbia at
a rate that covers 100 percent of the costs incurred by
the District of Columbia that are attributable to the
education of the nonresident (as established by the
Superintendent of the District of Columbia Public
Schools): Provided further, That notwithstanding the
amounts otherwise provided under this heading or any
other provision of law, there shall be appropriated to
the District of Columbia Public Schools on July 1,
2004, an amount equal to 10 percent of the total amount
provided for the District of Columbia Public Schools in
the proposed budget of the District of Columbia for
fiscal year 2005 (as submitted to Congress), and the
amount of such payment shall be chargeable against the
final amount provided for the District of Columbia
Public Schools under the District of Columbia
Appropriations Act, 2005: Provided further, That not to
exceed $2,500 for the Superintendent of Schools shall
be available from this appropriation for official
reception and representation expenses: Provided
further, That the District of Columbia Public Schools
shall submit to the Board of Education by January 1 and
July 1 of each year a Schedule A showing all the
current funded positions of the District of Columbia
Public Schools, their compensation levels, and
indicating whether the positions are encumbered:
Provided further, That the Board of Education shall
approve or disapprove each Schedule A within 30 days of
its submission and provide the Council of the District
of Columbia a copy of the Schedule A upon its approval.
(2) State education office.--$38,752,000 (including
$9,959,000 from local funds, $28,617,000 from Federal
grant funds, and $176,000 from other funds), in
addition, $17,000,000 from funds previously
appropriated in this Act under the heading ``Federal
Payment for Resident Tuition Support'' and $13,000,000
from funds previously appropriated in this Act under
the heading ``Federal Payment for School Improvement in
the District of Columbia'' shall be available for the
State Education Office: Provided, That of the amounts
provided to the State Education Office, $500,000 from
local funds shall remain available until June 30, 2005
for an audit of the student enrollment of each District
of Columbia Public School and of each District of
Columbia public charter school.
(3) District of columbia public charter schools.--
$137,531,000 from local funds shall be available for
District of Columbia public charter schools: Provided,
That there shall be quarterly disbursement of funds to
the District of Columbia public charter schools, with
the first payment to occur within 15 days of the
beginning of the fiscal year: Provided further, That if
the entirety of this allocation has not been provided
as payments to any public charter schools currently in
operation through the per pupil funding formula, the
funds shall be available as follows: (A) the first
$3,000,000 shall be deposited in the Credit Enhancement
Revolving Fund established pursuant to section 603(e)
of the Student Loan Marketing Association
Reorganization Act of 1996 (Public Law 104-208; 110
Stat. 3009; 20 U.S.C. 1155(e)); and (B) the balance
shall be for public education in accordance with
section 2403(b)(2) of the District of Columbia School
Reform Act of 1995 (D.C. Official Code, sec. 38-
1804.03(b)(2)): Provided further, That of the amounts
made available to District of Columbia public charter
schools, $25,000 shall be made available to the Office
of the Chief Financial Officer as authorized by section
2403(b)(6) of the District of Columbia School Reform
Act of 1995 (D.C. Official Code, sec. 38-
1804.03(b)(6)): Provided further, That $660,000 of this
amount shall be available to the District of Columbia
Public Charter School Board for administrative costs:
Provided further, That notwithstanding the amounts
otherwise provided under this heading or any other
provision of law, there shall be appropriated to the
District of Columbia public charter schools on July 1,
2004, an amount equal to 25 percent of the total amount
provided for payments to public charter schools in the
proposed budget of the District of Columbia for fiscal
year 2005 (as submitted to Congress), and the amount of
such payment shall be chargeable against the final
amount provided for such payments under the District of
Columbia Appropriations Act, 2005.
(4) University of the district of columbia.--
$80,660,000 (including $48,656,000 from local funds,
$11,867,000 from Federal grant funds, $19,434,000 from
other funds, and $703,000 from private funds) shall be
available for the University of the District of
Columbia: Provided, That this appropriation shall not
be available to subsidize the education of nonresidents
of the District of Columbia at the University of the
District of Columbia, unless the Board of Trustees of
the University of the District of Columbia adopts, for
the fiscal year ending September 30, 2004, a tuition
rate schedule that will establish the tuition rate for
nonresident students at a level no lower than the
nonresident tuition rate charged at comparable public
institutions of higher education in the metropolitan
area: Provided further, That notwithstanding the
amounts otherwise provided under this heading or any
other provision of law, there shall be appropriated to
the University of the District of Columbia on July 1,
2004, an amount equal to 10 percent of the total amount
provided for the University of the District of Columbia
in the proposed budget of the District of Columbia for
fiscal year 2005 (as submitted to Congress), and the
amount of such payment shall be chargeable against the
final amount provided for the University of the
District of Columbia under the District of Columbia
Appropriations Act, 2005: Provided further, That not to
exceed $2,500 for the President of the University of
the District of Columbia shall be available from this
appropriation for official reception and representation
expenses.
(5) District of columbia public libraries.--
$28,287,000 (including $26,750,000 from local funds,
$1,000,000 from Federal grant funds, and $537,000 from
other funds) shall be available for the District of
Columbia Public Libraries: Provided, That not to exceed
$2,000 for the Public Librarian shall be available from
this appropriation for official reception and
representation expenses.
(6) Commission on the arts and humanities.--
$2,476,000 (including $1,601,000 from local funds,
$475,000 from Federal grant funds, and $400,000 from
other funds) shall be available for the Commission on
the Arts and Humanities.
Human Support Services
(INCLUDING TRANSFER OF FUNDS)
Human support services, $2,360,067,000 (including
$1,030,223,000 from local funds, $1,247,945,000 from Federal
grant funds, $24,330,000 from other funds, $9,330,000 from
private funds, and $48,239,000, to remain available until
expended, from the Medicaid and Special Education Reform Fund
established pursuant to the Medicaid and Special Education
Reform Fund Establishment Act of 2002 (D.C. Law 14-190; D.C.
Official Code 4-204.51 et seq.)), in addition, $7,500,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Hospital Bioterrorism Preparedness in the
District of Columbia'' and $12,900,000 from funds previously
appropriated in this Act under the heading ``Federal Payment to
Foster Care Improvements in the District of Columbia'':
Provided, That the funds available from the Medicaid and
Special Education Reform Fund are allocated as follows: not
more than $18,744,000 for Child and Family Services, not more
than $7,795,000 for the Department of Human Services, and not
more than $21,700,000 for the Department of Mental Health:
Provided further, That $27,959,000 of this appropriation, to
remain available until expended, shall be available solely for
District of Columbia employees' disability compensation:
Provided further, That $7,500,000 of this appropriation, to
remain available until expended, shall be deposited in the
Addiction Recovery Fund, established pursuant to section 5 of
the Choice in Drug Treatment Act of 2000 (D.C. Law 13-146; D.C.
Official Code, sec. 7-3004) and used exclusively for the
purpose of the Drug Treatment Choice Program established
pursuant to section 4 of the Choice in Drug Treatment Act of
2000 (D.C. Law 13-146; D.C. Official Code, sec. 7-3003):
Provided further, That no less than $2,000,000 of this
appropriation shall be available exclusively for the purpose of
funding the pilot substance abuse program for youth ages 14
through 21 years established pursuant to section 4212 of the
Pilot Substance Abuse Program for Youth Act of 2001 (D.C. Law
14-28; D.C. Official Code, sec. 7-3101): Provided further, That
$4,500,000 of this appropriation, to remain available until
expended, shall be deposited in the Interim Disability
Assistance Fund established pursuant to section 201 of the
District of Columbia Public Assistance Act of 1982 (D.C. Law 4-
101; D.C. Official Code, sec. 4-202.01), to be used exclusively
for the Interim Disability Assistance program and the purposes
for that program set forth in section 407 of the District of
Columbia Public Assistance Act of 1982 (D.C. Law 13-252; D.C.
Official Code, sec. 4-204.07): Provided further, That not less
than $640,531 of this appropriation shall be available
exclusively for the purpose of funding the Burial Assistance
Program established by section 1802 of the Burial Assistance
Program Reestablishment Act of 1999 (D.C. Law 13-38; D.C.
Official Code, sec. 4-1001).
Public Works
Public works, including rental of one passenger-carrying
vehicle for use by the Mayor and three passenger-carrying
vehicles for use by the Council of the District of Columbia and
leasing of passenger-carrying vehicles, $327,046,000 (including
$308,028,000 from local funds, $5,274,000 from Federal grant
funds, and $13,744,000 from other funds), in addition,
$3,500,000 from funds previously appropriated in this Act under
the heading ``Federal Payment for Transportation Assistance'':
Provided, That this appropriation shall not be available for
collecting ashes or miscellaneous refuse from hotels and places
of business.
Cash Reserve
For the cumulative cash reserve established pursuant to
section 202(j)(2) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995 (D.C.
Official Code, sec. 47-392.02(j)(2)), $50,000,000 from local
funds.
Emergency and Contingency Reserve Funds
For the emergency reserve fund and the contingency reserve
fund under section 450A of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.50a), such amounts from
local funds as are necessary to meet the balance requirements
for such funds under such section.
Repayment of Loans and Interest
For payment of principal, interest, and certain fees
directly resulting from borrowing by the District of Columbia
to fund District of Columbia capital projects as authorized by
sections 462, 475, and 490 of the District of Columbia Home
Rule Act (D.C. Official Code, secs. 1-204.62, 1-204.75, and 1-
204.90), $311,504,000 from local funds: Provided, That for
equipment leases, the Mayor may finance $14,300,000 of
equipment cost, plus cost of issuance not to exceed 2 percent
of the par amount being financed on a lease purchase basis with
a maturity not to exceed 5 years.
Payment of Interest on Short-Term Borrowing
For payment of interest on short-term borrowing, $3,000,000
from local funds.
Certificates of Participation
For principal and interest payments on the District's
Certificates of Participation, issued to finance the ground
lease underlying the building located at One Judiciary Square,
$4,911,000 from local funds.
Settlements and Judgments
For making refunds and for the payment of legal settlements
or judgments that have been entered against the District of
Columbia government, $22,522,000 from local funds: Provided,
That this appropriation shall not be construed as modifying or
affecting the provisions of section 103 of this Act.
Wilson Building
For expenses associated with the John A. Wilson building,
$3,704,000 from local funds.
Workforce Investments
For workforce investments, $22,308,000 from local funds, to
be transferred by the Mayor of the District of Columbia within
the various appropriation headings in this Act for which
employees are properly payable.
Non-Departmental Agency
To account for anticipated costs that cannot be allocated
to specific agencies during the development of the proposed
budget, $19,639,000 (including $11,455,000 from local funds and
$8,184,000 from other funds) to be transferred by the Mayor of
the District of Columbia within the various appropriations
headings in this Act: Provided, That $11,455,000 from local
funds shall be for anticipated costs associated with the No
Child Left Behind Act.
Pay-As-You-Go Capital
For Pay-As-You-Go Capital funds in lieu of capital
financing, $11,267,000 from local funds, to be transferred to
the Capital Fund, subject to the Criteria for Spending Pay-as-
You-Go Funding Amendment Act of 2003 (D.C. Act 15-106):
Provided, That pursuant to this Act, there are authorized to be
transferred from Pay-As-You-Go Capital funds to other headings
of this Act, such sums as may be necessary to carry out the
purposes of this Act.
Tax Increment Financing Program
For a Tax Increment Financing Program, $1,940,000 from
local funds.
Medicaid Disallowance
For making refunds associated with disallowed Medicaid
funding, an amount not to exceed $57,000,000 in local funds, to
remain available until expended: Provided, That funds are
derived from a transfer from the funds identified in the fiscal
year 2002 comprehensive annual financial report as the District
of Columbia's Grants Disallowance balance.
ENTERPRISE AND OTHER FUNDS
Water and Sewer Authority
For operation of the Water and Sewer Authority,
$259,095,000 from other funds, of which $18,692,000 shall be
apportioned for repayment of loans and interest incurred for
capital improvement projects and payable to the District's debt
service fund.
For construction projects, $229,807,000, to be distributed
as follows: $99,449,000 for the Blue Plains Wastewater
Treatment Plant, $16,739,000 for the sewer program, $72,047,000
for the combined sewer program, $5,993,000 for the stormwater
program, $24,431,000 for the water program, and $11,148,000 for
the capital equipment program; in addition, $30,000,000 from
funds previously appropriated in this Act under the heading
``Federal Payment to the District of Columbia Water and Sewer
Authority'': Provided, That the requirements and restrictions
that are applicable to general fund capital improvement
projects and set forth in this Act under the Capital Outlay
appropriation account shall apply to projects approved under
this appropriation account.
Washington Aqueduct
For operation of the Washington Aqueduct, $55,553,000 from
other funds.
Stormwater Permit Compliance Enterprise Fund
For operation of the Stormwater Permit Compliance
Enterprise Fund, $3,501,000 from other funds.
Lottery and Charitable Games Enterprise Fund
For the Lottery and Charitable Games Enterprise Fund,
established by the District of Columbia Appropriation Act,
1982, for the purpose of implementing the Law to Legalize
Lotteries, Daily Numbers Games, and Bingo and Raffles for
Charitable Purposes in the District of Columbia (D.C. Law 3-
172; D.C. Official Code, sec. 3-1301 et seq. and sec. 22-1716
et seq.), $242,755,000 from other funds: Provided, That the
District of Columbia shall identify the source of funding for
this appropriation title from the District's own locally
generated revenues: Provided further, That no revenues from
Federal sources shall be used to support the operations or
activities of the Lottery and Charitable Games Control Board.
Sports and Entertainment Commission
For the Sports and Entertainment Commission, $13,979,000
from local funds.
District of Columbia Retirement Board
For the District of Columbia Retirement Board, established
pursuant to section 121 of the District of Columbia Retirement
Reform Act of 1979 (D.C. Official Code, sec. 1-711),
$13,895,000 from the earnings of the applicable retirement
funds to pay legal, management, investment, and other fees and
administrative expenses of the District of Columbia Retirement
Board: Provided, That the District of Columbia Retirement Board
shall provide to the Congress and to the Council of the
District of Columbia a quarterly report of the allocations of
charges by fund and of expenditures of all funds: Provided
further, That the District of Columbia Retirement Board shall
provide the Mayor, for transmittal to the Council of the
District of Columbia, an itemized accounting of the planned use
of appropriated funds in time for each annual budget submission
and the actual use of such funds in time for each annual
audited financial report.
Washington Convention Center Enterprise Fund
For the Washington Convention Center Enterprise Fund,
$69,742,000 from other funds.
National Capital Revitalization Corporation
For the National Capital Revitalization Corporation,
$7,849,000 from other funds.
Capital Outlay
(INCLUDING RESCISSIONS)
For construction projects, an increase of $1,004,796,000,
of which $601,708,000 shall be from local funds, $46,014,000
from Highway Trust funds, $38,311,000 from the Rights-of-way
funds, $218,880,000 from Federal grant funds, and a rescission
of $99,884,000 from local funds appropriated under this heading
in prior fiscal years, for a net amount of $904,913,000, to
remain available until expended; in addition, $8,150,000 from
funds previously appropriated in this Act under the heading
``Federal Payment for Capital Development in the District of
Columbia'' and $5,000,000 from funds previously appropriated in
this Act under the heading ``Federal Payment for the Anacostia
Waterfront Initiative'': Provided, That funds for use of each
capital project implementing agency shall be managed and
controlled in accordance with all procedures and limitations
established under the Financial Management System: Provided
further, That all funds provided by this appropriation title
shall be available only for the specific projects and purposes
intended.
TITLE III--DC SCHOOL CHOICE INCENTIVE ACT OF 2003
SEC. 301. SHORT TITLE.
This title may be cited as the ``DC School Choice Incentive
Act of 2003''.
SEC. 302. FINDINGS.
The Congress finds the following:
(1) Parents are best equipped to make decisions for
their children, including the educational setting that
will best serve the interests and educational needs of
their child.
(2) For many parents in the District of Columbia,
public school choice provided for under the No Child
Left Behind Act of 2001 as well as under other public
school choice programs, is inadequate due to capacity
constraints. Available educational alternatives to the
public schools are insufficient and more educational
options are needed. In particular, funds are needed to
assist low-income parents to exercise choice among
enhanced public opportunities and private educational
environments, whether religious or nonreligious.
Therefore, in keeping with the spirit of the No Child
Left Behind Act of 2001, school choice options, in
addition to those already available to parents in the
District of Columbia (such as magnet and charter
schools and open enrollment schools) should be made
available to those parents.
(3) In the most recent mathematics assessment on
the National Assessment of Educational Progress (NAEP),
administered in 2000, a lower percentage of 4th-grade
students in the District of Columbia demonstrated
proficiency than was the case for any State. Seventy-
six percent of the District of Columbia fourth-graders
scored at the ``below basic'' level and of the 8th-
grade students in the District of Columbia, only 6
percent of the students tested at the proficient or
advanced levels, and 77 percent were below basic. In
the most recent NAEP reading assessment, in 1998, only
10 percent of the District of Columbia fourth-graders
could read proficiently, while 72 percent were below
basic. At the 8th-grade level, 12 percent were
proficient or advanced and 56 percent were below basic.
(4) A program enacted for the valid secular purpose
of providing educational assistance to low-income
children in a demonstrably failing public school system
is constitutional under Zelman v. Simmons-Harris, 536
U.S. 639 (2002), if it is neutral with respect to
religion and provides assistance to a broad class of
citizens who direct government aid to religious and
secular schools solely as a result of their genuine and
independent private choices.
(5) The Mayor of the District of Columbia, the
Chairman of the Education Committee of the City Council
of the District of Columbia, and the President of the
District of Columbia Board of Education support this
title.
(6) This title provides additional money for the
District of Columbia public schools and therefore money
for scholarships is not being taken out of money that
would otherwise go to the District of Columbia public
schools.
(7) This title creates a 5-year program tailored to
the current needs and particular circumstances of low-
income children in District of Columbia schools. This
title does not establish parameters or requirements for
other school choice programs.
SEC. 303. PURPOSE.
The purpose of this title is to provide low-income parents
residing in the District of Columbia, particularly parents of
students who attend elementary schools or secondary schools
identified for improvement, corrective action, or restructuring
under section 1116 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316), with expanded opportunities for
enrolling their children in higher-performing schools in the
District of Columbia.
SEC. 304. GENERAL AUTHORITY.
(a) Authority.--From funds appropriated to carry out this
title, the Secretary shall award grants on a competitive basis
to eligible entities with approved applications under section
305 to carry out activities to provide eligible students with
expanded school choice opportunities. The Secretary may award a
single grant or multiple grants, depending on the quality of
applications submitted and the priorities of this title.
(b) Duration of Grants.--The Secretary may make grants
under this section for a period of not more than 5 years.
(c) Memorandum of Understanding.--The Secretary and the
Mayor of the District of Columbia shall enter into a memorandum
of understanding, as described in the statement of the
managers, regarding the design of, selection of eligible
entities to receive grants under, and implementation of, a
program assisted under this title.
SEC. 305. APPLICATIONS.
(a) In General.--In order to receive a grant under this
title, an eligible entity shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
(b) Contents.--The Secretary may not approve the request of
an eligible entity for a grant under this title unless the
entity's application includes--
(1) a detailed description of--
(A) how the entity will address the
priorities described in section 306;
(B) how the entity will ensure that if more
eligible students seek admission in the program
than the program can accommodate, eligible
students are selected for admission through a
random selection process which gives weight to
the priorities described in section 306;
(C) how the entity will ensure that if more
participating eligible students seek admission
to a participating school than the school can
accommodate, participating eligible students
are selected for admission through a random
selection process;
(D) how the entity will notify parents of
eligible students of the expanded choice
opportunities and how the entity will ensure
that parents receive sufficient information
about their options to allow the parents to
make informed decisions;
(E) the activities that the entity will
carry out to provide parents of eligible
students with expanded choice opportunities
through the awarding of scholarships under
section 307(a);
(F) how the entity will determine the
amount that will be provided to parents for the
tuition, fees, and transportation expenses, if
any;
(G) how the entity will seek out private
elementary schools and secondary schools in the
District of Columbia to participate in the
program, and will ensure that participating
schools will meet the applicable requirements
of this title and provide the information
needed for the entity to meet the reporting
requirements of this title;
(H) how the entity will ensure that
participating schools are financially
responsible and will use the funds received
under this title effectively;
(I) how the entity will address the renewal
of scholarships to participating eligible
students, including continued eligibility; and
(J) how the entity will ensure that a
majority of its voting board members or
governing organization are residents of the
District of Columbia; and
(2) an assurance that the entity will comply with
all requests regarding any evaluation carried out under
section 309.
SEC. 306. PRIORITIES.
In awarding grants under this title, the Secretary shall
give priority to applications from eligible entities who will
most effectively--
(1) give priority to eligible students who, in the
school year preceding the school year for which the
eligible student is seeking a scholarship, attended an
elementary school or secondary school identified for
improvement, corrective action, or restructuring under
section 1116 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6316);
(2) target resources to students and families that
lack the financial resources to take advantage of
available educational options; and
(3) provide students and families with the widest
range of educational options.
SEC. 307. USE OF FUNDS.
(a) Scholarships.--
(1) In general.--Subject to paragraphs (2) and (3),
a grantee shall use the grant funds to provide eligible
students with scholarships to pay the tuition, fees,
and transportation expenses, if any, to enable them to
attend the District of Columbia private elementary
school or secondary school of their choice. Each
grantee shall ensure that the amount of any tuition or
fees charged by a school participating in the grantee's
program under this title to an eligible student
participating in the program does not exceed the amount
of tuition or fees that the school customarily charges
to students who do not participate in the program.
(2) Payments to parents.--A grantee shall make
scholarship payments under the program under this title
to the parent of the eligible student participating in
the program, in a manner which ensures that such
payments will be used for the payment of tuition, fees,
and transportation expenses (if any), in accordance
with this title.
(3) Amount of assistance.--
(A) Varying amounts permitted.--Subject to
the other requirements of this section, a
grantee may award scholarships in larger
amounts to those eligible students with the
greatest need.
(B) Annual limit on amount.--The amount of
assistance provided to any eligible student by
a grantee under a program under this title may
not exceed $7,500 for any academic year.
(4) Continuation of scholarships.--Notwithstanding
section 312(3)(B), an eligible entity receiving a grant
under this title may award a scholarship, for the
second or any succeeding year of an eligible student's
participation in a program under this title, to a
student who comes from a household whose income does
not exceed 200 percent of the poverty line.
(b) Administrative Expenses.--A grantee may use not more
than 3 percent of the amount provided under the grant each year
for the administrative expenses of carrying out its program
under this title during the year, including--
(1) determining the eligibility of students to
participate;
(2) providing information about the program and the
schools involved to parents of eligible students;
(3) selecting students to receive scholarships;
(4) determining the amount of scholarships and
issuing the scholarships to eligible students;
(5) compiling and maintaining financial and
programmatic records; and
(6) providing funds to assist parents in meeting
expenses that might otherwise preclude the
participation of their child in the program.
SEC. 308. NONDISCRIMINATION.
(a) In General.--An eligible entity or a school
participating in any program under this title shall not
discriminate against program participants or applicants on the
basis of race, color, national origin, religion, or sex.
(b) Applicability and Single Sex Schools, Classes, or
Activities.--
(1) In general.--Notwithstanding any other
provision of law, the prohibition of sex discrimination
in subsection (a) shall not apply to a participating
school that is operated by, supervised by, controlled
by, or connected to a religious organization to the
extent that the application of subsection (a) is
inconsistent with the religious tenets or beliefs of
the school.
(2) Single sex schools, classes, or activities.--
Notwithstanding subsection (a) or any other provision
of law, a parent may choose and a school may offer a
single sex school, class, or activity.
(3) Applicability.--For purposes of this title, the
provisions of section 909 of the Education Amendments
of 1972 (20 U.S.C. 1688) shall apply to this title as
if section 909 of the Education Amendments of 1972 (20
U.S.C. 1688) were part of this title.
(c) Children With Disabilities.--Nothing in this title may
be construed to alter or modify the provisions of the
Individuals with Disabilities Education Act.
(d) Religiously Affiliated Schools.--
(1) In general.--Notwithstanding any other
provision of law, a school participating in any program
under this title that is operated by, supervised by,
controlled by, or connected to, a religious
organization may exercise its right in matters of
employment consistent with title VII of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.),
including the exemptions in such title.
(2) Maintenance of purpose.--Notwithstanding any
other provision of law, funds made available under this
title to eligible students that are received by a
participating school, as a result of their parents'
choice, shall not, consistent with the first amendment
of the United States Constitution, necessitate any
change in the participating school's teaching mission,
require any participating school to remove religious
art, icons, scriptures, or other symbols, or preclude
any participating school from retaining religious terms
in its name, selecting its board members on a religious
basis, or including religious references in its mission
statements and other chartering or governing documents.
(e) Rule of Construction.--A scholarship (or any other form
of support provided to parents of eligible students) under this
title shall be considered assistance to the student and shall
not be considered assistance to the school that enrolls the
eligible student. The amount of any scholarship (or other form
of support provided to parents of an eligible student) under
this title shall not be treated as income of the parents for
purposes of Federal tax laws or for determining eligibility for
any other Federal program.
SEC. 309. EVALUATIONS.
(a) In General.--
(1) Duties of the secretary and the mayor.--The
Secretary and the Mayor of the District of Columbia
shall jointly select an independent entity to evaluate
annually the performance of students who received
scholarships under the 5-year program under this title,
and shall make the evaluations public in accordance
with subsection (c).
(2) Duties of the secretary.--The Secretary,
through a grant, contract, or cooperative agreement,
shall--
(A) ensure that the evaluation is conducted
using the strongest possible research design
for determining the effectiveness of the
programs funded under this title that addresses
the issues described in paragraph (4); and
(B) disseminate information on the impact
of the programs in increasing the student
academic achievement of participating students,
and on the impact of the programs on students
and schools in the District of Columbia.
(3) Duties of the independent entity.--The
independent entity shall--
(A) measure the academic achievement of all
participating eligible students;
(B) use the same grade appropriate
measurement every school year to assess
participating eligible students as the
measurement used by the District of Columbia
Public Schools to assess District of Columbia
Public School students in the first year of the
program; and
(C) work with the eligible entities to
ensure that the parents of each student who
applies for a scholarship under this title
(regardless of whether the student receives the
scholarship) and the parents of each student
participating in the scholarship program under
this title, agree that the student will
participate in the measurements given annually
by the independent entity for the period for
which the student applied for or received the
scholarship, respectively.
(4) Issues to be evaluated.--The issues to be
evaluated include the following:
(A) A comparison of the academic
achievement of participating eligible students
in the measurements described in this section
to the achievement of--
(i) students in the same grades in
the District of Columbia public
schools; and
(ii) the eligible students in the
same grades in the District of Columbia
public schools who sought to
participate in the scholarship program
but were not selected.
(B) The success of the programs in
expanding choice options for parents.
(C) The reasons parents choose for their
children to participate in the programs.
(D) A comparison of the retention rates,
dropout rates, and (if appropriate) graduation
and college admission rates, of students who
participate in the programs funded under this
title with the retention rates, dropout rates,
and (if appropriate) graduation and college
admission rates of students of similar
backgrounds who do not participate in such
programs.
(E) The impact of the program on students,
and public elementary schools and secondary
schools, in the District of Columbia.
(F) A comparison of the safety of the
schools attended by students who participate in
the programs and the schools attended by
students who do not participate in the
programs.
(G) Such other issues as the Secretary
considers appropriate for inclusion in the
evaluation.
(5) Prohibition.--Personally identifiable
information regarding the results of the measurements
used for the evaluations may not be disclosed, except
to the parents of the student to whom the information
relates.
(b) Reports.--The Secretary shall submit to the Committees
on Appropriations, Education and the Workforce, and Government
Reform of the House of Representatives and the Committees on
Appropriations, Health, Education, Labor, and Pensions, and
Governmental Affairs of the Senate--
(1) annual interim reports, not later than December
1 of each year for which a grant is made under this
title, on the progress and preliminary results of the
evaluation of the programs funded under this title; and
(2) a final report, not later than 1 year after the
final year for which a grant is made under this title,
on the results of the evaluation of the programs funded
under this title.
(c) Public Availability.--All reports and underlying data
gathered pursuant to this section shall be made available to
the public upon request, in a timely manner following
submission of the applicable report under subsection (b),
except that personally identifiable information shall not be
disclosed or made available to the public.
(d) Limit on Amount Expended.--The amount expended by the
Secretary to carry out this section for any fiscal year may not
exceed 3 percent of the total amount appropriated to carry out
this title for the fiscal year.
SEC. 310. REPORTING REQUIREMENTS.
(a) Activities Reports.--Each grantee receiving funds under
this title during a year shall submit a report to the Secretary
not later than July 30 of the following year regarding the
activities carried out with the funds during the preceding
year.
(b) Achievement Reports.--
(1) In general.--In addition to the reports
required under subsection (a), each grantee shall, not
later than September 1 of the year during which the
second academic year of the grantee's program is
completed and each of the next 2 years thereafter,
submit a report to the Secretary regarding the data
collected in the previous 2 academic years concerning--
(A) the academic achievement of students
participating in the program;
(B) the graduation and college admission
rates of students who participate in the
program, where appropriate; and
(C) parental satisfaction with the program.
(2) Prohibiting disclosure of personal
information.--No report under this subsection may
contain any personally identifiable information.
(c) Reports to Parent.--
(1) In general.--Each grantee shall ensure that
each school participating in the grantee's program
under this title during a year reports at least once
during the year to the parents of each of the school's
students who are participating in the program on--
(A) the student's academic achievement, as
measured by a comparison with the aggregate
academic achievement of other participating
students at the student's school in the same
grade or level, as appropriate, and the
aggregate academic achievement of the student's
peers at the student's school in the same grade
or level, as appropriate; and
(B) the safety of the school, including the
incidence of school violence, student
suspensions, and student expulsions.
(2) Prohibiting disclosure of personal
information.--No report under this subsection may
contain any personally identifiable information, except
as to the student who is the subject of the report to
that student's parent.
(d) Report to Congress.--The Secretary shall submit to the
Committees on Appropriations, Education and the Workforce, and
Government Reform of the House of Representatives and the
Committees on Appropriations, Health, Education, Labor, and
Pensions, and Governmental Affairs of the Senate an annual
report on the findings of the reports submitted under
subsections (a) and (b).
SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.
(a) Requests for Data and Information.--Each school
participating in a program funded under this title shall comply
with all requests for data and information regarding
evaluations conducted under section 309(a).
(b) Rules of Conduct and Other School Policies.--A
participating school, including those described in section
308(d), may require eligible students to abide by any rules of
conduct and other requirements applicable to all other students
at the school.
SEC. 312. DEFINITIONS.
As used in this title:
(1) Elementary school.--The term ``elementary
school'' means an institutional day or residential
school, including a public elementary charter school,
that provides elementary education, as determined under
District of Columbia law.
(2) Eligible entity.--The term ``eligible entity''
means any of the following:
(A) An educational entity of the District
of Columbia Government.
(B) A nonprofit organization.
(C) A consortium of nonprofit
organizations.
(3) Eligible student.--The term ``eligible
student'' means a student who--
(A) is a resident of the District of
Columbia; and
(B) comes from a household whose income
does not exceed 185 percent of the poverty
line.
(4) Parent.--The term ``parent'' has the meaning
given that term in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
(5) Poverty line.--The term ``poverty line'' has
the meaning given that term in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(6) Secondary school.--The term ``secondary
school'' means an institutional day or residential
school, including a public secondary charter school, as
determined under District of Columbia law, except that
the term does not include any education beyond grade
12.
(7) Secretary.--The term ``Secretary'' means the
Secretary of Education.
SEC. 313. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $14,000,000 for fiscal year 2004 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Whenever in this Act, an amount is specified
within an appropriation for particular purposes or objects of
expenditure, such amount, unless otherwise specified, shall be
considered as the maximum amount that may be expended for said
purpose or object rather than an amount set apart exclusively
therefor.
Sec. 402. Appropriations in this Act shall be available for
expenses of travel and for the payment of dues of organizations
concerned with the work of the District of Columbia government,
when authorized by the Mayor: Provided, That in the case of the
Council of the District of Columbia, funds may be expended with
the authorization of the Chairman of the Council.
Sec. 403. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government: Provided, That nothing contained in this
section shall be construed as modifying or affecting the
provisions of section 11(c)(3) of title XII of the District of
Columbia Income and Franchise Tax Act of 1947 (D.C. Official
Code, sec. 47-1812.11(c)(3)).
Sec. 404. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly to provided herein.
Sec. 405. No funds appropriated in this Act for the
District of Columbia government for the operation of
educational institutions, the compensation of personnel, or for
other educational purposes may be used to permit, encourage,
facilitate, or further partisan political activities. Nothing
herein is intended to prohibit the availability of school
buildings for the use of any community or partisan political
group during non-school hours.
Sec. 406. None of the funds appropriated in this Act shall
be made available to pay the salary of any employee of the
District of Columbia government whose name, title, grade, and
salary are not available for inspection by the Committees on
Appropriations of the House of Representatives and Senate, the
Committee on Government Reform of the House of Representatives,
the Committee on Governmental Affairs of the Senate, and the
Council of the District of Columbia, or their duly authorized
representative.
Sec. 407. (a) Except as provided in subsection (b), no part
of this appropriation shall be used for publicity or propaganda
purposes or implementation of any policy including boycott
designed to support or defeat legislation pending before
Congress or any State legislature.
(b) The District of Columbia may use local funds provided
in this Act to carry out lobbying activities on any matter
other than--
(1) the promotion or support of any boycott; or
(2) statehood for the District of Columbia or
voting representation in Congress for the District of
Columbia.
(c) Nothing in this section may be construed to prohibit
any elected official from advocating with respect to any of the
issues referred to in subsection (b).
Sec. 408. (a) None of the funds provided under this Act to
the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2004, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditures for an agency through
a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or
responsibility center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for
any program, project, or responsibility center for
which funds have been denied or restricted;
(5) reestablishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $1,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center,
unless the Committee on Appropriations of the House of
Representatives and Senate are notified in writing 30 days in
advance of the reprogramming.
(b) None the local funds contained in this Act may be
available for obligation or expenditure for an agency through a
transfer of any local funds from one appropriation heading to
another unless the Committees on Appropriations of the House of
Representatives and Senate are notified in writing 30 days in
advance of the transfer, except that in no event may the amount
of any funds transferred exceed 4 percent of the local funds in
the appropriations.
Sec. 409. Consistent with the provisions of section 1301(a)
of title 31, United States Code, appropriations under this Act
shall be applied only to the objects for which the
appropriations were made except as otherwise provided by law.
Sec. 410. Notwithstanding any other provisions of law, the
provisions of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Official
Code, sec. 1-601.01 et seq.), enacted pursuant to section
422(3) of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204l.22(3)), shall apply with respect to the
compensation of District of Columbia employees: Provided, That
for pay purposes, employees of the District of Columbia
government shall not be subject to the provisions of title 5,
United States Code.
Sec. 411. No later than 30 days after the end of the first
quarter of fiscal year 2004, the Mayor of the District of
Columbia shall submit to the Council of the District of
Columbia and the Committees on Appropriations of the House of
Representatives and Senate the new fiscal year 2004 revenue
estimates as of the end of such quarter. These estimates shall
be used in the budget request for fiscal year 2005. The
officially revised estimates at midyear shall be used for the
midyear report.
Sec. 412. No sole source contract with the District of
Columbia government or any agency thereof may be renewed or
extended without opening that contract to the competitive
bidding process as set forth in section 303 of the District of
Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; D.C.
Official Code, sec. 2-303.03), except that the District of
Columbia government or any agency thereof may renew or extend
sole source contracts for which competition is not feasible or
practical, but only if the determination as to whether to
invoke the competitive bidding process has been made in
accordance with duly promulgated rules and procedures and has
been reviewed and certified by the Chief Financial Officer of
the District of Columbia.
Sec. 413. (a) In the event a sequestration order is issued
pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985 after the amounts appropriated to the District of
Columbia for the fiscal year involved have been paid to the
District of Columbia, the Mayor of the District of Columbia
shall pay to the Secretary of the Treasury, within 15 days
after receipt of a request therefor from the Secretary of the
Treasury, such amounts as are sequestered by the order:
Provided, That the sequestration percentage specified in the
order shall be applied proportionately to each of the Federal
appropriation accounts in this Act that are not specifically
exempted from sequestration by such Act.
(b) For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, the term ``program, project, and
activity'' shall be synonymous with and refer specifically to
each account appropriating Federal funds in this Act, and any
sequestration order shall be applied to each of the accounts
rather than to the aggregate total of those accounts: Provided,
That sequestration orders shall not be applied to any account
that is specifically exempted from sequestration by the
Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 414. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 415. None of the funds appropriated under this Act
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 416. None of the Federal funds made available in this
Act may be used to implement or enforce the Health Care
Benefits Expansion Act of 1992 (D.C. Law 9-114; D.C. Official
Code, sec. 32-701 et seq.) or to otherwise implement or enforce
any system of registration of unmarried, cohabiting couples,
including but not limited to registration for the purpose of
extending employment, health, or governmental benefits to such
couples on the same basis that such benefits are extended to
legally married couples.
Sec. 417. (a) Notwithstanding any other provision of this
Act, the Mayor, in consultation with the Chief Financial
Officer of the District of Columbia may accept, obligate, and
expend Federal, private, and other grants received by the
District government that are not reflected in the amounts
appropriated in this Act.
(b)(1) No such Federal, private, or other grant may be
accepted, obligated, or expended pursuant to subsection (a)
until--
(A) the Chief Financial Officer of the District of
Columbia submits to the Council a report setting forth
detailed information regarding such grant; and
(B) the Council has reviewed and approved the
acceptance, obligation, and expenditure of such grant.
(2) For purposes of paragraph (1)(B), the Council shall be
deemed to have reviewed and approved the acceptance,
obligation, and expenditure of a grant if--
(A) no written notice of disapproval is filed with
the Secretary of the Council within 14 calendar days of
the receipt of the report from the Chief Financial
Officer under paragraph (1)(A); or
(B) if such a notice of disapproval is filed within
such deadline, the Council does not by resolution
disapprove the acceptance, obligation, or expenditure
of the grant within 30 calendar days of the initial
receipt of the report from the Chief Financial Officer
under paragraph (1)(A).
(c) No amount may be obligated or expended from the general
fund or other funds of the District of Columbia government in
anticipation of the approval or receipt of a grant under
subsection (b)(2) or in anticipation of the approval or receipt
of a Federal, private, or other grant not subject to such
subsection.
(d) The Chief Financial Officer of the District of Columbia
shall prepare a quarterly report setting forth detailed
information regarding all Federal, private, and other grants
subject to this section. Each such report shall be submitted to
the Council of the District of Columbia and to the Committees
on Appropriations of the House of Representatives and Senate
not later than 15 days after the end of the quarter covered by
the report.
Sec. 418. (a) Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of
the officer's or employee's official duties. For purposes of
this paragraph, the term ``official duties'' does not include
travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan
Police Department who resides in the District of
Columbia or is otherwise designated by the Chief of the
Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day;
(3) the Mayor of the District of Columbia; and
(4) the Chairman of the Council of the District of
Columbia.
(b) The Chief Financial Officer of the District of Columbia
shall submit by March 1, 2004, an inventory, as of September
30, 2003, of all vehicles owned, leased or operated by the
District of Columbia government. The inventory shall include,
but not be limited to, the department to which the vehicle is
assigned; the year and make of the vehicle; the acquisition
date and cost; the general condition of the vehicle; annual
operating and maintenance costs; current mileage; and whether
the vehicle is allowed to be taken home by a District officer
or employee and if so, the officer or employee's title and
resident location.
Sec. 419. None of the funds contained in this Act may be
used for purposes of the annual independent audit of the
District of Columbia government for fiscal year 2004 unless--
(1) the audit is conducted by the Inspector General
of the District of Columbia, in coordination with the
Chief Financial Officer of the District of Columbia,
pursuant to section 208(a)(4) of the District of
Columbia Procurement Practices Act of 1985 (D.C.
Official Code, sec. 2-302.8); and
(2) the audit includes as a basic financial
statement a comparison of audited actual year-end
results with the revenues submitted in the budget
document for such year and the appropriations enacted
into law for such year using the format, terminology,
and classifications contained in the law making the
appropriations for the year and its legislative
history.
Sec. 420. (a) None of the funds contained in this Act may
be used by the District of Columbia Corporation Counsel or any
other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks
to require Congress to provide for voting representation in
Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Corporation Counsel from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 421. (a) None of the funds contained in this Act may
be used for any program of distributing sterile needles or
syringes for the hypodermic injection of any illegal drug.
(b) Any individual or entity who receives any funds
contained in this Act and who carries out any program described
in subsection (a) shall account for all funds used for such
program separately from any funds contained in this Act.
Sec. 422. None of the funds contained in this Act may be
used after the expiration of the 60-day period that begins on
the date of the enactment of this Act to pay the salary of any
chief financial officer of any office of the District of
Columbia government (including any independent agency of the
District of Columbia) who has not filed a certification with
the Mayor and the Chief Financial Officer of the District of
Columbia that the officer understands the duties and
restrictions applicable to the officer and the officer's agency
as a result of this Act (and the amendments made by this Act),
including any duty to prepare a report requested either in the
Act or in any of the reports accompanying the Act and the
deadline by which each report must be submitted. The Chief
Financial Officer of the District of Columbia shall provide to
the Committees on Appropriations of the House of
Representatives and Senate by the 10th day after the end of
each quarter a summary list showing each report, the due date,
and the date submitted to the Committees.
Sec. 423. (a) None of the funds contained in this Act may
be used to enact or carry out any law, rule, or regulation to
legalize or otherwise reduce penalties associated with the
possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 802) or any
tetrahydrocannabinols derivative.
(b) The Legalization of Marijuana for Medical Treatment
Initiative of 1998, also known as Initiative 59, approved by
the electors of the District of Columbia on November 3, 1998,
shall not take effect.
Sec. 424. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 425. The Mayor of the District of Columbia shall
submit to the Committees on Appropriations of the House of
Representatives and Senate, the Committee on Government Reform
of the House of Representatives, and the Committee on
Governmental Affairs of the Senate quarterly reports
addressing--
(1) crime, including the homicide rate,
implementation of community policing, the number of
police officers on local beats, and the closing down of
open-air drug markets;
(2) access to substance and alcohol abuse
treatment, including the number of treatment slots, the
number of people served, the number of people on
waiting lists, and the effectiveness of treatment
programs;
(3) management of parolees and pre-trial violent
offenders, including the number of halfway houses
escapes and steps taken to improve monitoring and
supervision of halfway house residents to reduce the
number of escapes to be provided in consultation with
the Court Services and Offender Supervision Agency for
the District of Columbia;
(4) education, including access to special
education services and student achievement to be
provided in consultation with the District of Columbia
Public Schools and the District of Columbia public
charter schools;
(5) improvement in basic District services,
including rat control and abatement;
(6) application for and management of Federal
grants, including the number and type of grants for
which the District was eligible but failed to apply and
the number and type of grants awarded to the District
but for which the District failed to spend the amounts
received; and
(7) indicators of child well-being.
Sec. 426. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer of the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of
Columbia a revised appropriated funds operating budget in the
format of the budget that the District of Columbia government
submitted pursuant to section 442 of the District of Columbia
Home Rule Act (D.C. Official Code, sec. 1-204.42), for all
agencies of the District of Columbia government for fiscal year
2003 that is in the total amount of the approved appropriation
and that realigns all budgeted data for personal services and
other-than-personal-services, respectively, with anticipated
actual expenditures.
Sec. 427. None of the funds contained in this Act may be
used to issue, administer, or enforce any order by the District
of Columbia Commission on Human Rights relating to docket
numbers 93-030-(PA) and 93-031-(PA).
Sec. 428. None of the Federal funds made available in this
Act may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
Sec. 429. During fiscal year 2004 and any subsequent fiscal
year, in addition to any other authority to pay claims and
judgments, any department, agency, or instrumentality of the
District government may use local funds to pay the settlement
or judgment of a claim or lawsuit in an amount less than
$10,000, in accordance with the Risk Management for Settlements
and Judgments Amendment Act of 2000 (D.C. Law 13-172; D.C.
Official Code, sec. 2-402).
Sec. 430. Notwithstanding any other law, the District of
Columbia Courts shall transfer to the general treasury of the
District of Columbia all fines levied and collected by the
Courts under section 10(b)(1) and (2) of the District of
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(1)
and (2)). The transferred funds shall remain available until
expended and shall be used by the Office of the Corporation
Counsel for enforcement and prosecution of District traffic
alcohol laws in accordance with section 10(b)(3) of the
District of Columbia Traffic Act (D.C. Official Code, sec. 50-
2201.05(b)(3)).
Sec. 431. During fiscal year 2004 and any subsequent fiscal
year, any agency of the District government may transfer to the
Office of Labor Relations and Collective Bargaining (OLRCB)
such local funds as may be necessary to pay for representation
by OLRCB in third-party cases, grievances, and dispute
resolution, pursuant to an intra-District agreement with OLRCB.
These amounts shall be available for use by OLRCB to reimburse
the cost of providing the representation.
Sec. 432. None of the funds contained in this Act may be
made available to pay--
(1) the fees of an attorney who represents a party
in an action or an attorney who defends an action,
including an administrative proceeding, brought against
the District of Columbia Public Schools under the
Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.) in excess of $4,000 for that action; or
(2) the fees of an attorney or firm whom the Chief
Financial Officer of the District of Columbia
determines to have a pecuniary interest, either through
an attorney, officer or employee of the firm, in any
special education diagnostic services, schools, or
other special education service providers.
Sec. 433. The Chief Financial Officer of the District of
Columbia shall require attorneys in special education cases
brought under the Individuals with Disabilities Act (IDEA) in
the District of Columbia to certify in writing that the
attorney or representative rendered any and all services for
which they receive awards, including those received under a
settlement agreement or as part of an administrative
proceeding, under the IDEA from the District of Columbia:
Provided, That as part of the certification, the Chief
Financial Officer of the District of Columbia shall require all
attorneys in IDEA cases to disclose any financial, corporate,
legal, memberships on boards of directors, or other
relationships with any special education diagnostic services,
schools, or other special education service providers to which
the attorneys have referred any clients as part of this
certification: Provided further, That the Chief Financial
Officer shall prepare and submit quarterly reports to the
Committees on Appropriations of the House of Representatives
and Senate on the certification of and the amount paid by the
government of the District of Columbia, including the District
of Columbia Public Schools, to attorneys in cases brought under
IDEA: Provided further, That the Inspector General of the
District of Columbia may conduct investigations to determine
the accuracy of the certifications.
Sec. 434. Section 603(e)(3)(C)(iv) of the Student Loan
Marketing Association Reorganization Act of 1996 (20 U.S.C.
1155(e)(3)(C)(iv)) is amended as follows:
(1) by inserting ``for a fiscal year'' after ``this
subparagraph''; and
(2) by inserting ``for the fiscal year'' before the
period.
Sec. 435. Chapter 3 of title 16, District of Columbia Code,
is amended by inserting at the end the following new section:
``SEC. 16-316. APPOINTMENT AND COMPENSATION OF COUNSEL; GUARDIAN AD
LITEM.
``(a) When a petition for adoption has been filed and there
has been no termination or relinquishment of parental rights
with respect to the proposed adoptee or consent to the proposed
adoption by a parent or guardian whose consent is required
under D.C. Code section 16-304, the Court may appoint an
attorney to represent such parent or guardian in the adoption
proceeding if the individual is financially unable to obtain
adequate representation.
``(b) The Court may appoint a guardian ad litem who is an
attorney to represent the child in an adoption proceeding. The
guardian ad litem shall in general be charged with the
representation of the child's best interest.
``(c) An attorney appointed pursuant to subsection (a) or
(b) of this section shall be compensated in accordance with
D.C. Code section 16-2326.01, except that compensation in the
adoption case shall be subject to the limitation set forth in
D.C. Code section 16-2326.01(b)(2).''
The table of sections for chapter 3 of title 16, District
of Columbia Code, is amended by inserting at the end the
following new item:
``Sec. 16-316. Appointment and compensation of counsel; guardian ad
litem.''.
Sec. 436. The amount appropriated by this Act may be
increased by no more than $15,000,000 from funds identified in
the comprehensive annual financial report as the District's
fiscal year 2003 unexpended general fund surplus. The District
may obligate and expend these amounts only in accordance with
the following conditions:
(1) The Chief Financial Officer of the District of
Columbia shall certify that the use of any such amounts
is not anticipated to have a negative impact on the
District's long-term financial, fiscal, and economic
vitality.
(2) The District of Columbia may only use these
funds for the following expenditures:
(A) Unanticipated one-time expenditures;
(B) To avoid deficit spending;
(C) Debt Reduction;
(D) Unanticipated program needs; or
(E) To avoid revenue shortfalls.
(3) The amounts shall be obligated and expended in
accordance with laws enacted by the Council in support
of each such obligation or expenditure.
(4) The amounts may not be used to fund the
agencies of the District of Columbia government under
court ordered receivership.
(5) The amounts may be obligated and expended only
if approved by the Committees on Appropriations of the
House of Representatives and Senate in advance of any
obligation or expenditure.
This division may be cited as the ``District of Columbia
Appropriations Act, 2004''.
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2004
AN ACT
Making appropriations for foreign 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.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $24,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Non-Credit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2004 and 2005: Provided further, That such
sums shall remain available through fiscal year 2012 for the
disbursement of direct and guaranteed loans obligated in fiscal
year 2004, and through fiscal year 2013 for the disbursement of
direct and guaranteed loans obligated in fiscal year 2005.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,000,000,
to remain available until September 30, 2005.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2004,
unless otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for child survival, health, and family planning/
reproductive health activities, in addition to funds otherwise
available for such purposes, $1,835,000,000, to remain
available until September 30, 2005: Provided, That this amount
shall be made available for such activities as: (1)
immunization programs; (2) oral rehydration programs; (3)
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children displaced or orphaned by AIDS; and (6)
family planning/reproductive health: Provided further, That
none of the funds appropriated under this heading may be made
available for nonproject assistance, except that funds may be
made available for such assistance for ongoing health
activities: Provided further, That of the funds appropriated
under this heading, not to exceed $250,000, in addition to
funds otherwise available for such purposes, may be used to
monitor and provide oversight of child survival, maternal and
family planning/reproductive health, and infectious disease
programs: Provided further, That the following amounts should
be allocated as follows: $330,000,000 for child survival and
maternal health; $28,000,000 for vulnerable children;
$516,500,000 for HIV/AIDS including not less than $22,000,000
which should be made available to support the development of
microbicides as a means for combating HIV/AIDS; $185,000,000
for other infectious diseases; and $375,500,000 for family
planning/reproductive health, including in areas where
population growth threatens biodiversity or endangered species:
Provided further, That of the funds appropriated under this
heading, and in addition to funds allocated under the previous
proviso, not less than $400,000,000 shall be made available,
notwithstanding any other provision of law, except for the
United States Leadership Against HIV/AIDS, Tuberculosis and
Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as
amended by section 595 of this Act, for a United States
contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ``Global Fund''), and shall be expended at the
minimum rate necessary to make timely payment for projects and
activities: Provided further, That of the funds appropriated
under this heading that are available for HIV/AIDS programs and
activities, not less than $26,000,000 should be made available
for the International AIDS Vaccine Initiative and not less than
$26,000,000 should be made available for a United States
contribution to UNAIDS: Provided further, That of the funds
appropriated under this heading, $60,000,000 should be made
available for a United States contribution to The Vaccine Fund,
and up to $6,000,000 may be transferred to and merged with
funds appropriated by this Act under the heading ``Operating
Expenses of the United States Agency for International
Development'' for costs directly related to international
health, but funds made available for such costs may not be
derived from amounts made available for contribution under this
and preceding provisos: Provided further, That none of the
funds made available in this Act nor any unobligated balances
from prior appropriations may be made available to any
organization or program which, as determined by the President
of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That none of the funds made
available under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That
none of the funds made available under this Act may be used to
lobby for or against abortion: Provided further, That in order
to reduce reliance on abortion in developing nations, funds
shall be available only to voluntary family planning projects
which offer, either directly or through referral to, or
information about access to, a broad range of family planning
methods and services, and that any such voluntary family
planning project shall meet the following requirements: (1)
service providers or referral agents in the project shall not
implement or be subject to quotas, or other numerical targets,
of total number of births, number of family planning acceptors,
or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and planning
purposes); (2) the project shall not include payment of
incentives, bribes, gratuities, or financial reward to: (A) an
individual in exchange for becoming a family planning acceptor;
or (B) program personnel for achieving a numerical target or
quota of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of
general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family
planning services; (4) the project shall provide family
planning acceptors comprehensible information on the health
benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for foreign operations, export financing,
and related programs, the term ``motivate'', as it relates to
family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, That
nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That to the maximum extent feasible, taking into consideration
cost, timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available
only for the procurement of condoms manufactured in the United
States: Provided further, That information provided about the
use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and
failure rates of such use.
DEVELOPMENT ASSISTANCE
For necessary expenses of the United States Agency for
International Development to carry out the provisions of
sections 103, 105, 106, and 131, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $1,385,000,000, of which up
to $150,000,000 may remain available until September 30, 2005:
Provided, That none of the funds appropriated under title II of
this Act that are managed by or allocated to the United States
Agency for International Development's Global Development
Secretariat, may be made available except through the regular
notification procedures of the Committees on Appropriations:
Provided further, That $190,000,000 should be allocated for
trade capacity building: Provided further, That $235,000,000
should be allocated for basic education: Provided further, That
of the funds appropriated under this heading and managed by the
United States Agency for International Development Bureau of
Democracy, Conflict, and Humanitarian Assistance, not less than
$11,000,000 shall be made available only for programs to
improve women's leadership capacity in recipient countries:
Provided further, That such funds may not be made available for
construction: Provided further, That of the funds appropriated
under this heading that are made available for assistance
programs for displaced and orphaned children and victims of
war, not to exceed $32,500, in addition to funds otherwise
available for such purposes, may be used to monitor and provide
oversight of such programs: Provided further, That of the
aggregate amount of the funds appropriated by this Act that are
made available for agriculture and rural development programs,
$25,000,000 should be made available for plant biotechnology
research and development: Provided further, That not less than
$2,300,000 should be made available for core support for the
International Fertilizer Development Center: Provided further,
That of the funds appropriated under this heading, not less
than $19,000,000 should be made available for the American
Schools and Hospitals Abroad program: Provided further, That of
the funds appropriated under this heading, not less than
$10,000,000, in addition to other funds available under this
heading for assistance for Mexico, should be made available for
programs and activities in rural Mexico to promote
microfinance, small business development, energy and
environmental conservation, and private property ownership in
rural communities, and to support small farmers who have been
affected by adverse economic conditions: Provided further, That
funds made available pursuant to the previous proviso shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated by this Act, $100,000,000 shall be made
available for drinking water supply projects and related
activities.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For necessary expenses of the United States Agency for
International Development to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961, as amended
for international disaster relief, rehabilitation, and
reconstruction assistance, $235,500,000, to remain available
until expended.
In addition, for necessary expenses for assistance for
famine prevention and relief, including for mitigation of the
effects of famine, $20,000,000, to remain available until
expended: Provided, That such funds shall be made available
utilizing the general authorities of section 491 of the Foreign
Assistance Act of 1961, and shall be in addition to amounts
otherwise available for such purposes: Provided further, That
funds appropriated by this paragraph shall be available for
obligation subject to prior consultation with the Committees on
Appropriations.
TRANSITION INITIATIVES
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $55,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that is important to
the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 108 and 635 of the Foreign Assistance
Act of 1961, funds may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and
under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds shall not exceed
$21,000,000, which shall be made available only for micro and
small enterprise programs, urban programs, and other programs
which further the purposes of part I of the Act: Provided
further, That such costs, including the cost of modifying such
direct and guaranteed loans, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans under
this Act or prior Acts, and funds used for such costs shall be
subject to the regular notification procedures of the
Committees on Appropriations.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided, That funds made available under this heading shall
remain available until September 30, 2007.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the ``Foreign Service Retirement and
Disability Fund'', as authorized by the Foreign Service Act of
1980, $43,859,000.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$604,100,000, of which up to $25,000,000 may remain available
until September 30, 2005: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' may be made available to finance the
construction (including architect and engineering services),
purchase, or long term lease of offices for use by the United
States Agency for International Development, unless the
Administrator has identified such proposed construction
(including architect and engineering services), purchase, or
long term lease of offices in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of these funds for such purposes: Provided further,
That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2005: Provided further, That in addition not to
exceed $15,000,000 shall be derived by transfer from the ``Iraq
Relief and Reconstruction Fund'' (Public Law 108-11) to support
the United States Agency for International Development mission
in Iraq: Provided further, That none of the funds in this Act
may be used to open a new overseas mission of the United States
Agency for International Development without the prior written
notification of the Committees on Appropriations: Provided
further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses of the
United States Agency for International Development'' in
accordance with the provisions of those sections: Provided
further, That during fiscal year 2004, the number of full-time
equivalent positions for United States foreign service
employees of the United States Agency for International
Development for countries in the Latin America and Caribbean
region shall not be reduced below the number for such employees
for countries in that region as of September 30, 2003, except
as provided through the regular notification procedures of the
Committees on Appropriations.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$82,200,000, to remain available until expended: Provided, That
this amount is in addition to funds otherwise available for
such purposes: Provided further, That the Administrator of the
United States Agency for International Development shall assess
fair and reasonable rental payments for the use of space by
employees of other United States Government agencies in
buildings constructed using funds appropriated under this
heading, and such rental payments shall be deposited into this
account as an offsetting collection: Provided further, That the
rental payments collected pursuant to the previous proviso and
deposited as an offsetting collection shall be available for
obligation only pursuant to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
assignment of United States Government employees or contractors
to space in buildings constructed using funds appropriated
under this heading shall be subject to the concurrence of the
Administrator of the United States Agency for International
Development: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $35,000,000,
to remain available until September 30, 2005, which sum shall
be available for the Office of the Inspector General of the
United States Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,132,500,000, to remain available until
September 30, 2005: Provided, That of the funds appropriated
under this heading, not less than $480,000,000 shall be
available only for Israel, which sum shall be available on a
grant basis as a cash transfer and shall be disbursed within 30
days of the enactment of this Act: Provided further, That not
less than $575,000,000 shall be available only for Egypt, which
sum shall be provided on a grant basis, and of which sum cash
transfer assistance shall be provided with the understanding
that Egypt will undertake significant economic reforms which
are additional to those which were undertaken in previous
fiscal years, and of which not less than $200,000,000 shall be
provided as Commodity Import Program assistance: Provided
further, That in exercising the authority to provide cash
transfer assistance for Israel, the President shall ensure that
the level of such assistance does not cause an adverse impact
on the total level of nonmilitary exports from the United
States to such country and that Israel enters into a side
letter agreement in an amount proportional to the fiscal year
1999 agreement: Provided further, That of the funds
appropriated under this heading, not less than $250,000,000
should be made available only for assistance for Jordan:
Provided further, That of the funds appropriated under this
heading, up to $1,000,000 should be used to further legal
reforms in the West Bank and Gaza, including judicial training
on commercial disputes and ethics: Provided further, That funds
appropriated under this heading shall be made available for
administrative costs of the United States Agency for
International Development to implement regional programs in
Asia and the Near East, including the Middle East Partnership
Initiative, in addition to amounts otherwise available for such
purposes: Provided further, That $13,500,000 of the funds
appropriated under this heading shall be made available for
Cyprus to be used only for scholarships, administrative support
of the scholarship program, bicommunal projects, and measures
aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That $35,000,000 of
the funds appropriated under this heading shall be made
available for assistance for Lebanon, of which not less than
$4,000,000 should be made available for American educational
institutions for scholarships and other programs: Provided
further, That notwithstanding section 534(a) of this Act, funds
appropriated under this heading that are made available for
assistance for the Central Government of Lebanon shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
funds appropriated under this heading, not less than
$22,500,000 shall be made available for assistance for the
Democratic Republic of Timor-Leste, of which up to $1,000,000
may be available for administrative expenses of the United
States Agency for International Development: Provided further,
That of the funds appropriated under this heading, not less
than $1,500,000 should be made available for technical
assistance for countries to implement and enforce the Kimberley
Process Certification Scheme: Provided further, That funds
appropriated under this heading should be made available to
support the development of justice and reconciliation
mechanisms in the Democratic Republic of the Congo, Rwanda,
Burundi, and Uganda, including programs to improve local
capacity to prevent and respond to gender-based violence:
Provided further, That funds appropriated under this heading
may be used, notwithstanding any other provision of law, to
provide assistance to the National Democratic Alliance of Sudan
to strengthen its ability to protect civilians from attacks,
slave raids, and aerial bombardment by the Sudanese Government
forces and its militia allies, and the provision of such funds
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in the
previous proviso, the term ``assistance'' includes non-lethal,
non-food aid such as blankets, medicine, fuel, mobile clinics,
water drilling equipment, communications equipment to notify
civilians of aerial bombardment, non-military vehicles, tents,
and shoes: Provided further, That of the funds appropriated
under this heading, not less than $1,750,000 should be made
available for East Asia and Pacific Environment Initiatives:
Provided further, That of the funds appropriated under this
heading, $5,000,000 shall be made available to continue to
support the provision of wheelchairs for needy persons in
developing countries: Provided further, That funds appropriated
under this heading that are made available for a Middle East
Financing Facility, Middle East Enterprise Fund, or any other
similar entity in the Middle East shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That with respect to funds
appropriated under this heading in this Act or prior Acts
making appropriations for foreign operations, export financing,
and related programs, the responsibility for policy decisions
and justifications for the use of such funds, including whether
there will be a program for a country that uses those funds and
the amount of each such program, shall be the responsibility of
the Secretary of State and the Deputy Secretary of State and
this responsibility shall not be delegated: Provided further,
That of the funds appropriated in Public Law 108-106 under the
heading ``Iraq Relief and Reconstruction Fund'', up to
$100,000,000 may be transferred to and consolidated with funds
appropriated by this Act under this heading and made available
for Turkey, and up to $30,000,000 may be transferred to and
consolidated with funds appropriated by this Act under this
heading and made available for the Middle East Partnership
Initiative: Provided further, That funds appropriated under
this heading shall be made available for programs and countries
in the amounts contained in the table accompanying the joint
explanatory statement of the managers accompanying this Act:
Provided further, That any proposed increases or decreases to
the amounts contained in such table shall be subject to the
regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act
of 1961 and notifications shall be transmitted at least 15 days
in advance of the obligation of funds.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$18,500,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2005.
GLOBAL HIV/AIDS INITIATIVE
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $491,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, $15,000,000 may be apportioned
directly to the Peace Corps to remain available until expended
for necessary expenses to carry out activities to combat HIV/
AIDS, tuberculosis and malaria: Provided further, That of the
funds appropriated under this heading, not more than $8,000,000
may be made available for administrative expenses of the office
of the ``Coordinator of United States Government Activities to
Combat HIV/AIDS Globally'' of the Department of State: Provided
further, That in carrying out the duties specified in section
1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities
Act of 1956, the Coordinator shall ensure that assistance is
provided for activities in not fewer than 15 countries, at
least one of which shall not be in Africa or the Caribbean
region: Provided further, That of the funds appropriated under
this heading, up to $75,000,000 should be made available for
the safe and appropriate use of injections and other forms of
infection control and prevention, and for blood safety
programs.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $445,000,000, to remain
available until September 30, 2005, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States:
Provided, That of the funds appropriated under this heading
that are made available for assistance for Bulgaria, $2,000,000
should be made available to enhance safety at nuclear power
plants: Provided further, That of the funds appropriated under
this heading, and under the headings ``Assistance for the
Independent States of the Former Soviet Union'', ``Foreign
Military Financing Program'', and ``Economic Support Fund'',
not less than $53,500,000 shall be made available for programs
for the prevention, treatment, and control of, and research on,
HIV/AIDS, tuberculosis, and malaria: Provided further, That of
the funds appropriated under this heading that are made
available for Montenegro, not less than $12,000,000 shall be
made available for economic development and environmental
programs in the coastal region: Provided further, That of the
funds appropriated under this heading, up to $1,000,000 should
be made available for a program to promote greater
understanding and interaction among youth in Albania, Kosovo,
Montenegro and Macedonia: Provided further, That funds
appropriated under this heading shall be made available for
programs and countries in the amounts contained in the table
accompanying the joint explanatory statement of the managers
accompanying this Act: Provided further, That any proposed
increases or decreases to the amounts contained in such table
shall be subject to the regular notification procedures of the
Committees on Appropriations and section 634A of the Foreign
Assistance Act of 1961 and notifications shall be transmitted
at least 15 days in advance of the obligation of funds.
(b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of
economic assistance.
(c) With regard to funds appropriated under this heading
for the economic revitalization program in Bosnia and
Herzegovina, and local currencies generated by such funds
(including the conversion of funds appropriated under this
heading into currency used by Bosnia and Herzegovina as local
currency and local currency returned or repaid under such
program) the Administrator of the United States Agency for
International Development shall provide written approval for
grants and loans prior to the obligation and expenditure of
funds for such purposes, and prior to the use of funds that
have been returned or repaid to any lending facility or
grantee.
(d) The provisions of section 529 of this Act shall apply
to funds made available under subsection (c) and to funds
appropriated under this heading: Provided, That notwithstanding
any provision of this or any other Act, including provisions in
this subsection regarding the application of section 529 of
this Act, local currencies generated by, or converted from,
funds appropriated by this Act and by previous appropriations
Acts and made available for the economic revitalization program
in Bosnia may be used in Eastern Europe and the Baltic States
to carry out the provisions of the Foreign Assistance Act of
1961 and the Support for East European Democracy (SEED) Act of
1989.
(e) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $587,000,000, to remain available until September 30,
2005: Provided, That the provisions of such chapters shall
apply to funds appropriated by this paragraph: Provided
further, That of the funds made available for the Southern
Caucasus region, notwithstanding any other provision of law,
funds may be used for confidence-building measures and other
activities in furtherance of the peaceful resolution of the
regional conflicts, especially those in the vicinity of
Abkhazia and Nagorno-Karabagh: Provided further, That of the
funds appropriated under this heading, $1,500,000 should be
available only to meet the health and other assistance needs of
victims of trafficking in persons: Provided further, That of
the funds appropriated under this heading, $17,500,000 shall be
made available solely for assistance for the Russian Far East,
of which not less than $3,000,000 shall be made available for
programs and activities authorized under section 307 of the
FREEDOM Support Act (Public Law 102-511): Provided further,
That $4,000,000 shall be made available to promote freedom of
the media and an independent media in Russia: Provided further,
That of the funds appropriated under this heading, up to
$500,000 should be made available to support democracy building
programs in Russia through the Sakharov Archives: Provided
further, That, notwithstanding any other provision of law,
funds appropriated under this heading in this Act or prior Acts
making appropriations for foreign operations, export financing,
and related programs, that are made available pursuant to the
provisions of section 807 of Public Law 102-511 shall be
subject to a 6 percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading that are
made available for assistance for Ukraine, not less than
$19,000,000 should be made available for nuclear reactor safety
initiatives, and not less than $1,500,000 shall be made
available for coal mine safety programs.
(c) Of the funds appropriated under this heading, not less
than $94,000,000 shall be made available for assistance for
Russia.
(d) Of the funds appropriated under this heading, not less
than $75,000,000 shall be made available for assistance for
Armenia.
(e) Of the funds appropriated under this heading, not less
than $57,000,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, environmental and reproductive health, and to combat
HIV/AIDS, tuberculosis and other infectious diseases, and for
related activities.
(f)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation until
the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation:
(A) has terminated implementation of arrangements
to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(g) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $16,334,000,
to remain available until September 30, 2005.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $18,689,000, to remain available until
September 30, 2005: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the board of directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the board of directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project: Provided further, That the Foundation
shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
PEACE CORPS
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), $310,000,000, including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States:
Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further,
That funds appropriated under this heading shall remain
available until September 30, 2005: Provided further, That
during fiscal year 2004 and any subsequent fiscal year, the
Director of the Peace Corps may make appointments or
assignments, or extend current appointments or assignments, to
permit United States citizens to serve for periods in excess of
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 any helicopter procured
with funds under this heading is used to aid or abet the
operations of any illegal self-defense group or illegal
security cooperative, such helicopter shall be immediately
returned to the United States: Provided further, That none of
the funds appropriated by this Act may be made available to
support a Peruvian air interdiction program until the Secretary
of State and Director of Central Intelligence certify to the
Congress, 30 days before any resumption of United States
involvement in a Peruvian air interdiction program, that an air
interdiction program that permits the ability of the Peruvian
Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any
incident similar to the April 20, 2001 incident: Provided
further, That the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall provide to the Committees on Appropriations
not later than 45 days after the date of the enactment of this
Act and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of all funds
under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That
of the funds appropriated under this heading, not less than
$257,000,000 shall be made available for alternative
development/institution building, of which $229,200,000 shall
be apportioned directly to the United States Agency for
International Development: Provided further, That of the funds
appropriated under this heading, not less than $25,000,000
should be made available for justice and rule of law programs
in Colombia: Provided further, That of the funds appropriated
under this heading, in addition to funds made available
pursuant to the previous proviso, not less than $13,000,000
should be made available for organizations and programs to
protect human rights: Provided further, That not more than 20
percent of the funds appropriated by this Act that are used for
the procurement of chemicals for aerial coca and poppy
fumigation programs may be made available for such programs
unless the Secretary of State, after consultation with the
Administrator of the Environmental Protection Agency (EPA),
certifies to the Committees on Appropriations that: (1) the
herbicide mixture is being used in accordance with EPA label
requirements for comparable use in the United States and any
additional controls recommended by the EPA for this program,
and with the Colombian Environmental Management Plan for aerial
fumigation; and (2) the herbicide mixture, in the manner it is
being used, does not pose unreasonable risks or adverse effects
to humans or the environment: Provided further, That such funds
may not be made available unless the Secretary of State
certifies to the Committees on Appropriations that complaints
of harm to health or licit crops caused by such fumigation are
evaluated and fair compensation is being paid for meritorious
claims: Provided further, That such funds may not be made
available for such purposes unless programs are being
implemented by the United States Agency for International
Development, the Government of Colombia, or other
organizations, in consultation with local communities, to
provide alternative sources of income in areas where security
permits for small-acreage growers whose illicit crops are
targeted for fumigation: Provided further, That of the funds
appropriated under this heading, not less than $2,500,000
should be made available for continued training, equipment, and
other assistance for the Colombian National Park Service:
Provided further, That funds appropriated by this Act may be
used for aerial fumigation in Colombia's national parks or
reserves if the Secretary of State determines that it is in
accordance with Colombian laws and that there are no effective
alternatives to reduce drug cultivation in these areas:
Provided further, That section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading: Provided further, That assistance provided with funds
appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act of
1961, as amended, shall be made available subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That the provisions of
section 3204(b) through (d) of Public Law 106-246, as amended
by Public Law 107-115, shall be applicable to funds
appropriated for fiscal year 2004: Provided further, That no
United States Armed Forces personnel or United States civilian
contractor employed by the United States will participate in
any combat operation in connection with assistance made
available by this Act for Colombia: Provided further, That
funds appropriated under this heading that are available for
assistance for the Bolivian military and police should be made
available for such purposes subject to a determination by the
Secretary of State, and a report to the Committees on
Appropriations, that the Bolivian military and police are
respecting human rights and cooperating with investigations and
prosecutions of alleged violations of human rights: Provided
further, That of the funds appropriated under this heading, not
more than $16,285,000 may be available for administrative
expenses of the Department of State, and not more than
$4,500,000 may be available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the
United States Agency for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $760,197,000, which shall remain
available until expended: Provided, That not more than
$21,000,000 may be available for administrative expenses:
Provided further, That not less than $50,000,000 of the funds
made available under this heading shall be made available for
refugees from the former Soviet Union and Eastern Europe and
other refugees resettling in Israel: Provided further, That
funds appropriated under this heading may be made available for
a headquarters contribution to the International Committee of
the Red Cross only if the Secretary of State determines (and so
reports to the appropriate committees of Congress) that the
Magen David Adom Society of Israel is not being denied
participation in the activities of the International Red Cross
and Red Crescent Movement.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $30,000,000, to remain
available until expended: Provided, That funds made available
under this heading are appropriated notwithstanding the
provisions contained in section 2(c)(2) of such Act which would
limit the amount of funds which could be appropriated for this
purpose.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$353,500,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $30,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of
State determines (and so reports to the Congress) that Israel
is not being denied its right to participate in the activities
of that Agency: Provided further, That funds available during
fiscal year 2004 for a contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission and that are not
necessary to make the United States contribution to the
Commission in the amount assessed for fiscal year 2004 shall be
made available for a voluntary contribution to the
International Atomic Energy Agency and shall remain available
until September 30, 2005: Provided further, That of the funds
made available for demining and related activities, not to
exceed $690,000, in addition to funds otherwise available for
such purposes, may be used for administrative expenses related
to the operation and management of the demining program:
Provided further, That the Secretary of State is authorized to
provide, from funds appropriated under this heading in this and
subsequent Acts making appropriations for foreign operations,
export financing and related programs, not to exceed $250,000
for public-private partnerships for mine action by grant,
cooperative agreement, or contract: Provided further, That
funds appropriated under this heading shall be made available
for programs and countries in the amounts contained in the
table accompanying the joint explanatory statement of the
managers accompanying this Act: Provided further, That any
proposed increases or decreases to the amounts contained in
such table shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961 and notifications shall
be transmitted at least 15 days in advance of the obligation of
funds.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $19,000,000,
to remain available until September 30, 2006, which shall be
available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, and of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, and concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $95,000,000, to remain available until September
30, 2006: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That $75,000,000 of the funds
appropriated under this heading may be used by the Secretary of
the Treasury to pay to the Heavily Indebted Poor Countries
(HIPC) Trust Fund administered by the International Bank for
Reconstruction and Development amounts for the benefit of
countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section 1000(a)(5)
of Public Law 106-113: Provided further, That amounts paid to
the HIPC Trust Fund may be used only to fund debt reduction
under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not
to accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their
commitment to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.
TITLE III--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $91,700,000,
of which up to $3,000,000 may remain available until expended:
Provided, That the civilian personnel for whom military
education and training may be provided under this heading may
include civilians who are not members of a government whose
participation would contribute to improved civil-military
relations, civilian control of the military, or respect for
human rights: Provided further, That funds appropriated under
this heading for military education and training for Guatemala
may only be available for expanded international military
education and training, and funds made available for Algeria,
Cambodia, Nigeria and Guatemala may only be provided through
the regular notification procedures of the Committees on
Appropriations.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,294,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,160,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$568,000,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $206,000,000 should be made
available for assistance for Jordan: Provided further, That of
the funds appropriated by this paragraph, $17,000,000 may be
transferred to and merged with funds appropriated under the
heading ``Andean Counterdrug Initiative'' and made available
for aircraft and related assistance for the Colombian National
Police: Provided further, That funds appropriated by this
paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of 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 International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $913,200,000, to remain
available until expended: Provided, That the Secretary of the
Treasury shall work to ensure that the World Bank provides for
an independent entity, such as a private auditing firm, to
conduct and make publicly available an external performance
audit which verifies whether the IDA-13 Spring 2004 performance
targets have been met: Provided further, That any further
incentive contribution for additional contributions for IDA-13
regarding such targets shall be made only after the Secretary
of the Treasury has reviewed and considered carefully the
findings of any such independent external audit.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
For payment to the Multilateral Investment Guarantee Agency
by the Secretary of the Treasury, $1,124,000, for the United
States paid-in share of the increase in capital stock, to
remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the Multilateral Investment
Guarantee Agency may subscribe without fiscal year limitation
for the callable capital portion of the United States share of
such capital stock in an amount not to exceed $4,475,203.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $144,421,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the
Secretary of the Treasury, $5,104,930, for the United States
paid-in share of the increase in capital stock, to remain
available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $79,609,817.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $112,725,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $35,431,111 for
the United States share of the paid-in portion of the increase
in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the European Bank for
Reconstruction and Development may subscribe without fiscal
year limitation to the callable capital portion of the United
States share of such capital stock in an amount not to exceed
$122,085,497.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $15,004,042, to remain available
until expended.
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $321,650,000: Provided, That none of
the funds appropriated under this heading may be made available
to the International Atomic Energy Agency (IAEA): Provided
further, That funds appropriated under this heading shall be
made available for programs and countries in the amounts
contained in the table accompanying the joint explanatory
statement of the managers accompanying this Act: Provided
further, That any proposed increases or decreases to the
amounts contained in such table shall be subject to the regular
notification procedures of the Committees on Appropriations and
section 634A of the Foreign Assistance Act of 1961 and
notifications shall be transmitted at least 15 days in advance
of the obligation of funds.
TITLE V--GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 501. (a) No funds appropriated by this Act may be made
as payment to any international financial institution while the
United States Executive Director to such institution is
compensated by the institution at a rate which, together with
whatever compensation such Director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while any
alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate
provided for an individual occupying a position at level V of
the Executive Schedule under section 5316 of title 5, United
States Code.
(b) For purposes of this section, ``international financial
institutions'' are: the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development Bank, the Asian Development Fund, the African
Development Bank, the African Development Fund, the
International Monetary Fund, the North American Development
Bank, and the European Bank for Reconstruction and Development.
PRIVATE AND VOLUNTARY ORGANIZATIONS
Sec. 502. None of the funds appropriated or otherwise made
available by this Act for development assistance may be made
available to any United States private and voluntary
organization, except any cooperative development organization,
which obtains less than 20 percent of its total annual funding
for international activities from sources other than the United
States Government: Provided, That the Administrator of the
United States Agency for International Development, after
informing the Committees on Appropriations, may, on a case-by-
case basis, waive the restriction contained in this subsection,
after taking into account the effectiveness of the overseas
development activities of the organization, its level of
volunteer support, its financial viability and stability, and
the degree of its dependence for its financial support on the
agency.
LIMITATION ON RESIDENCE EXPENSES
Sec. 503. Of the funds appropriated or made available
pursuant to this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
LIMITATION ON EXPENSES
Sec. 504. Of the funds appropriated or made available
pursuant to this Act, not to exceed $5,000 shall be for
entertainment expenses of the United States Agency for
International Development during the current fiscal year.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 505. Of the funds appropriated or made available
pursuant to this Act, not to exceed $125,000 shall be available
for representation allowances for the United States Agency for
International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars: Provided further,
That of the funds made available by this Act for general costs
of administering military assistance and sales under the
heading ``Foreign Military Financing Program'', not to exceed
$2,000 shall be available for entertainment expenses and not to
exceed $125,000 shall be available for representation
allowances: Provided further, That of the funds made available
by this Act under the heading ``International Military
Education and Training'', not to exceed $50,000 shall be
available for entertainment allowances: Provided further, That
of the funds made available by this Act for the Inter-American
Foundation, not to exceed $2,000 shall be available for
entertainment and representation allowances: Provided further,
That of the funds made available by this Act for the Peace
Corps, not to exceed a total of $4,000 shall be available for
entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $2,000 shall be available
for representation and entertainment allowances: Provided
further, That of the funds made available by this Act under the
heading ``Millennium Challenge Corporation'', not to exceed
$130,000 shall be available for representation and
entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 506. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide
assistance for a foreign country under a new bilateral
agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a
provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign
government, and the Secretary of State shall expeditiously seek
to negotiate amendments to existing bilateral agreements, as
necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2004 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2005 and allocated
for the central government of such country and for the West
Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply
to any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the policy of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
(h) Relationship to Prior Law.--Section 579 of Division E
of Public Law 108-7 shall be deemed to have been amended by
subsection (f) of this section and the modifications made by
this section to comparable provisions contained in section 579.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 507. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
Libya, North Korea, Iran, or Syria: Provided, That for purposes
of this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
MILITARY COUPS
Sec. 508. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance to the government of any
country whose duly elected head of government is deposed by
decree or military coup: Provided, That assistance may be
resumed to such government if the President determines and
certifies to the Committees on Appropriations that subsequent
to the termination of assistance a democratically elected
government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to
promote democratic elections or public participation in
democratic processes: Provided further, That funds made
available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on
Appropriations.
TRANSFERS
Sec. 509. (a)(1) Limitation on Transfers Between
Agencies.--None of the funds made available by this Act may be
transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(b) Transfers Between Accounts.--None of the funds made
available by this Act may be obligated under an appropriation
account to which they were not appropriated, except for
transfers specifically provided for in this Act, unless the
President, not less than five days prior to the exercise of any
authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy
justification to the Committees on Appropriations of the House
of Representatives and the Senate.
(c) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 510. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
AVAILABILITY OF FUNDS
Sec. 511. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 667, chapter 4 of
part II of the Foreign Assistance Act of 1961, as amended,
section 23 of the Arms Export Control Act, and funds provided
under the heading ``Assistance for Eastern Europe and the
Baltic States'', shall remain available for an additional 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, using funds appropriated or made available
pursuant to this Act, for the production or extraction of any
commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing
commodity.
NOTIFICATION REQUIREMENTS
Sec. 515. For the purposes of providing the executive
branch with the necessary administrative flexibility, none of
the funds made available under this Act for ``Child Survival
and Health Programs Fund'', ``Development Assistance'',
``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Andean Counterdrug Initiative'', ``Assistance
for Eastern Europe and the Baltic States'', ``Assistance for
the Independent States of the Former Soviet Union'', ``Economic
Support Fund'', ``Global HIV/AIDS Initiative'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating Expenses
of the United States Agency for International Development'',
``Operating Expenses of the United States Agency for
International Development Office of Inspector General'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'' (by country
only), ``Foreign Military Financing Program'', ``International
Military Education and Training'', ``Peace Corps'', and
``Migration and Refugee Assistance'', shall be available for
obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in
excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations of both Houses
of Congress are previously notified 15 days in advance:
Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this section
shall not apply to any reprogramming for an activity, program,
or project for which funds are appropriated under title II of
this Act of less than 10 percent of the amount previously
justified to the Congress for obligation for such activity,
program, or project for the current fiscal year: Provided
further, That the requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided further, That in case of
any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as
early as practicable, but in no event later than 3 days after
taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification provided
pursuant to such a waiver shall contain an explanation of the
emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
Sec. 516. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under this
Act or any previously enacted Act making appropriations for
foreign operations, export financing, and related programs,
which are returned or not made available for organizations and
programs because of the implementation of section 307(a) of the
Foreign Assistance Act of 1961, shall remain available for
obligation until September 30, 2005.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
Sec. 517. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union--
(1) unless that government is making progress in
implementing comprehensive economic reforms based on
market principles, private ownership, respect for
commercial contracts, and equitable treatment of
foreign private investment; and
(2) if that government applies or transfers United
States assistance to any entity for the purpose of
expropriating or seizing ownership or control of
assets, investments, or ventures.
Assistance may be furnished without regard to this subsection
if the President determines that to do so is in the national
interest.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for assistance for a government
of an Independent State of the former Soviet Union if that
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That such funds
may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the
national security interest of the United States.
(c) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(d) Funds appropriated under the heading ``Assistance for
the Independent States of the Former Soviet Union'' for the
Russian Federation, Armenia, Georgia, and Ukraine shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(e) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(f) Funds made available for Enterprise Funds shall be
expended at the minimum rate necessary to make timely payment
for projects and activities.
(g) In issuing new task orders, entering into contracts, or
making grants, with funds appropriated in this Act or prior
appropriations Acts under the heading ``Assistance for the
Independent States of the Former Soviet Union'' and under
comparable headings in prior appropriations Acts, for projects
or activities that have as one of their primary purposes the
fostering of private sector development, the Coordinator for
United States Assistance to the New Independent States and the
implementing agency shall encourage the participation of and
give significant weight to contractors and grantees who propose
investing a significant amount of their own resources
(including volunteer services and in-kind contributions) in
such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 518. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
Sec. 519. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2004, for programs under title I of this Act may be
transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 25 percent by any such transfer: Provided, That
the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
Sec. 520. None of the funds appropriated by this Act shall
be obligated or expended for Liberia, Serbia, Sudan, Zimbabwe,
Pakistan, Cambodia, or the Democratic Republic of the Congo
except as provided through the regular notification procedures
of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 521. For the purpose of this Act, ``program, project,
and activity'' shall be defined at the appropriations Act
account level and shall include all appropriations and
authorizations Acts earmarks, ceilings, and limitations with
the exception that for the following accounts: Economic Support
Fund and Foreign Military Financing Program, ``program,
project, and activity'' shall also be considered to include
country, regional, and central program level funding within
each such account; for the development assistance accounts of
the United States Agency for International Development
``program, project, and activity'' shall also be considered to
include central, country, regional, and program level funding,
either as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be
provided to the Committees on Appropriations within 30 days of
the enactment of this Act, as required by section 653(a) of the
Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
Sec. 522. Up to $13,500,000 of the funds made available by
this Act for assistance under the heading ``Child Survival and
Health Programs Fund'', may be used to reimburse United States
Government agencies, agencies of State governments,
institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for
the personal services of such individuals) detailed or assigned
to, or contracted by, as the case may be, the United States
Agency for International Development for the purpose of
carrying out activities under that heading: Provided, That up
to $3,500,000 of the funds made available by this Act for
assistance under the heading ``Development Assistance'' may be
used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out
other development assistance activities: Provided further, That
funds appropriated by titles II and III of this Act that are
made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/
AIDS may be made available notwithstanding any other provision
of law except for the provisions under the heading ``Child
Survival and Health Programs Fund'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by
section 595 of this Act: Provided further, That of the funds
appropriated under title II of this Act, not less than
$432,000,000 shall be made available for family planning/
reproductive health.
AFGHANISTAN
Sec. 523. Of the funds appropriated by this Act,
$405,000,000 shall be made available for humanitarian and
reconstruction assistance for Afghanistan: Provided, That of
the funds made available pursuant to this section, not less
than $75,000,000 should be from funds appropriated under the
heading ``Economic Support Fund'': Provided further, That of
the funds made available pursuant to this section, not less
than $2,000,000 should be made available for reforestation
activities: Provided further, That funds made available
pursuant to the previous proviso should be matched, to the
maximum extent possible, with contributions from American and
Afghan businesses: Provided further, That of the funds made
available pursuant to this section, not less than $2,000,000
should be made available for the Afghan Judicial Reform
Commission: Provided further, That of the funds made available
pursuant to this section, not less than $5,000,000 should be
made available to support programs to address the needs of
Afghan women through training and equipment to improve the
capacity of women-led Afghan nongovernmental organizations and
to support the activities of such organizations: Provided
further, That not less than $2,000,000 should be made available
for assistance for Afghan communities and families that suffer
losses as a result of the military operations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 524. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
USAID OVERSEAS PROGRAM
Sec. 525. Funds appropriated by this and subsequent
appropriations Acts to carry out the provisions of Part I of
the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'', may be made available to employ
individuals overseas on a limited appointment basis pursuant to
the authority of sections 308 and 309 of the Foreign Service
Act of 1980: Provided, That in fiscal years 2004, 2005, and
2006 the authority of this section may be used to hire not more
than 85 individuals in each such year.
DEMOCRACY PROGRAMS
Sec. 526. (a) Notwithstanding any other provision of law,
of the funds appropriated by this Act to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961, not less than $13,500,000 shall be made available
for assistance for activities to support democracy, human
rights, and the rule of law in the People's Republic of China
and Hong Kong: Provided, That funds appropriated under the
heading ``Economic Support Fund'' should be made available for
assistance for Taiwan for the purposes of furthering political
and legal reforms: Provided further, That such funds shall only
be made available to the extent that they are matched from
sources other than the United States Government: Provided
further, That funds made available pursuant to the authority of
this subsection shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b)(1) In addition to the funds made available in
subsection (a), of the funds appropriated by this Act under the
heading ``Economic Support Fund'' not less than $11,500,000
shall be made available for programs and activities to foster
democracy, human rights, civic education, women's development,
press freedom, and the rule of law in countries with a
significant Muslim population, and where such programs and
activities would be important to United States efforts to
respond to, deter, or prevent acts of international terrorism:
Provided, That funds made available pursuant to the authority
of this subsection should support new initiatives or bolster
ongoing programs and activities in those countries: Provided
further, That not less than $3,000,000 of such funds shall be
made available for programs and activities that provide
professional training for journalists: Provided further, That
of the funds appropriated under this heading, in addition to
other amounts made available for Egypt in this Act, funds shall
be made available to support civil society organizations
working for democracy in Egypt: Provided further, That
notwithstanding any other provision of law, not to exceed
$1,500,000 of such funds may be used for making grants to
educational, humanitarian and nongovernmental organizations and
individuals inside Iran to support the advancement of democracy
and human rights in Iran: Provided further, That funds made
available pursuant to this subsection shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(2) In addition to funds made available under subsections
(a) and (b)(1), of the funds appropriated by this Act under the
heading ``Economic Support Fund'' not less than $3,000,000
shall be made available for programs and activities of the
National Endowment for Democracy to foster democracy, human
rights, civic education, women's development, press freedom,
and the rule of law in countries in sub-Saharan Africa.
(c) Of the funds made available under subsection (a), not
less than $10,500,000 shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human
Rights and Labor, Department of State, to support the
activities described in subsection (a), and of the funds made
available under subsection (b), not less than $7,000,000 shall
be made available for such Fund to support the activities
described in subsection (b): Provided, That the total amount of
funds made available by this Act under ``Economic Support
Fund'' for activities of the Bureau of Democracy, Human Rights
and Labor, Department of State, including funds available in
this section, shall be not less than $34,500,000.
(d) Of the funds made available under subsection (a), not
less than $3,000,000 shall be made available for the National
Endowment for Democracy to support the activities described in
subsection (a), and of the funds made available under
subsection (b), not less than $3,500,000 shall be made
available for the National Endowment for Democracy to support
the activities described in subsection (b): Provided, That the
Secretary of State shall provide a report to the Committees on
Appropriations within 120 days of the date of enactment of this
Act on the status of the allocation, obligation, and
expenditure of such funds.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 527. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 528. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization which
is a grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title II of this
Act and any interest earned on such investment shall be used
for the purpose for which the assistance was provided to that
organization.
SEPARATE ACCOUNTS
Sec. 529. (a) Separate Accounts for Local Currencies.--(1)
If assistance is furnished to the government of a foreign
country under chapters 1 and 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961 under agreements which
result in the generation of local currencies of that country,
the Administrator of the United States Agency for International
Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for
such purposes as may be agreed to by the government of that
country and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted
to the Committees on Appropriations on the use of local
currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for
such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--(1) If
assistance is made available to the government of a foreign
country, under chapter 1 or 10 of part I or chapter 4 of part
II of the Foreign Assistance Act of 1961, as cash transfer
assistance or as nonproject sector assistance, that country
shall be required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on
Appropriations.
ENTERPRISE FUND RESTRICTIONS
Sec. 530. Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
BURMA
Sec. 531. (a) The Secretary of the Treasury shall instruct
the United States executive director to each appropriate
international financial institution in which the United States
participates, to oppose and vote against the extension by such
institution of any loan or financial or technical assistance or
any other utilization of funds of the respective bank to and
for Burma.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $13,000,000 shall be made
available to support democracy activities in Burma, along the
Burma-Thailand border, for activities of Burmese student groups
and other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian assistance
to displaced Burmese along Burma's borders: Provided, That of
this amount $500,000 should be made available to support
newspapers, publications, and other media activities promoting
democracy inside Burma: Provided further, That funds made
available under this heading may be made available
notwithstanding any other provision of law: Provided further,
That $5,000,000 shall be allocated to the United States Agency
for International Development for humanitarian assistance for
displaced Burmese and host communities in Thailand: Provided
further, That not more than 60 days after enactment of this
Act, the Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit a report to the Committees on
Appropriations describing the amount and rate of disbursement
of fiscal years 2002 and 2003 funding for HIV/AIDS programs and
activities in Burma, the estimated amount of funds expended by
the State Peace and Development Council (SPDC) on HIV/AIDS
programs and activities in calendar years 2001, 2002, and 2003,
and the extent to which international nongovernmental
organizations are able to conduct HIV/AIDS programs throughout
Burma, including the ability of expatriate staff to freely
travel through the country and to conduct programmatic
oversight independent of SPDC handling and monitoring: Provided
further, That funds made available by this section shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c) It is the sense of the Congress that the United Nations
Security Council should debate and consider sanctions against
Burma as a result of the threat to regional stability and peace
posed by the repressive and illegitimate rule of the State
Peace and Development Council.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 532. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 533. None of the funds appropriated by this Act may be
obligated or expended to provide--
(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 such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Shipment of Humanitarian Assistance.--During fiscal
year 2004 and each fiscal year thereafter, of the amounts made
available by the United States Agency for International
Development to carry out the provisions of section 123(b) of
the Foreign Assistance Act of 1961, funds may be made available
to nongovernmental organizations for administrative costs
necessary to implement a program to obtain available donated
space on commercial ships for the shipment of humanitarian
assistance overseas.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(h) National Endowment for Democracy.--Funds appropriated
by this Act that are provided to the National Endowment for
Democracy may be provided notwithstanding any other provision
of law or regulation.
(i) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $6,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(j) Sudan.--For the purposes of section 501 of Public Law
106-570, the terms ``areas outside of control of the Government
of Sudan'' and ``area in Sudan outside of control of the
Government of Sudan'' shall, upon conclusion of a peace
agreement between the Government of Sudan and the Sudan
People's Liberation Movement, have the same meaning and
application as was the case immediately prior to the conclusion
of such agreement.
(k) Programs.--Of the funds appropriated under ``Economic
Support Fund'' for Middle East regional programs, up to
$5,000,000 may be made available for programs and activities of
the Yitzhak Rabin Center for Israel Studies in Tel Aviv,
Israel, and up to $5,000,000 may be made available for programs
and activities of the Center for Human Dignity Museum of
Tolerance in Jerusalem.
ARAB LEAGUE BOYCOTT OF ISRAEL
Sec. 535. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) the three Arab League countries with diplomatic
and trade relations with Israel should return their
ambassadors to Israel, should refrain from downgrading
their relations with Israel, and should play a
constructive role in securing a peaceful resolution of
the Israeli-Arab conflict;
(4) the remaining Arab League states should
normalize relations with their neighbor Israel;
(5) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(6) the President should report to Congress
annually on specific steps being taken by the United
States to encourage Arab League states to normalize
their relations with Israel to bring about the
termination of the Arab League boycott of Israel,
including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and
penalizing businesses that do comply.
ADMINISTRATION OF JUSTICE ACTIVITIES
Sec. 536. Of the funds appropriated or otherwise made
available by this Act or any subsequent Act for ``Economic
Support Fund'', assistance may be provided to strengthen the
administration of justice in countries in Latin America and the
Caribbean and in other regions consistent with the provisions
of section 534(b) of the Foreign Assistance Act of 1961, except
that programs to enhance protection of participants in judicial
cases may be conducted notwithstanding section 660 of that Act.
Funds made available pursuant to this section may be made
available notwithstanding section 534(c) and the second and
third sentences of section 534(e) of the Foreign Assistance Act
of 1961.
ELIGIBILITY FOR ASSISTANCE
Sec. 537. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'':
Provided, That before using the authority of this subsection to
furnish assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of
those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in
this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary
sterilizations contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2004, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
RESERVATIONS OF FUNDS
Sec. 538. (a) Funds appropriated by this Act which are
earmarked may be reprogrammed for other programs within the
same account notwithstanding the earmark if compliance with the
earmark is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are earmarked for particular
programs or activities by this or any other Act shall be
extended for an additional fiscal year if the Administrator of
such agency determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it
unlikely that such earmarked funds can be obligated during the
original period of availability: Provided, That such earmarked
funds that are continued available for an additional fiscal
year shall be obligated only for the purpose of such earmark.
CEILINGS AND EARMARKS
Sec. 539. Ceilings and earmarks contained in this Act shall
not be applicable to funds or authorities appropriated or
otherwise made available by any subsequent Act unless such Act
specifically so directs. Earmarks or minimum funding
requirements contained in any other Act shall not be applicable
to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 540. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $750,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
Sec. 541. None of the funds appropriated or made available
pursuant to this Act for carrying out the Foreign Assistance
Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out
chapter 1 of part I of the Foreign Assistance Act of 1961, the
costs for participation of another country's delegation at
international conferences held under the auspices of
multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
Sec. 542. None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 543. (a) None of the funds appropriated or otherwise
made available by this Act may be available to any foreign
government which provides lethal military equipment to a
country the government of which the Secretary of State has
determined is a terrorist government for purposes of section
6(j) of the Export Administration Act. The prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide
such military equipment. This section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a
detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN COUNTRIES
Sec. 544. (a) Subject to subsection (c), of the funds
appropriated by this Act that are made available for assistance
for a foreign country, an amount equal to 110 percent of the
total amount of the unpaid fully adjudicated parking fines and
penalties owed by such country shall be withheld from
obligation for such country until the Secretary of State
submits a certification to the appropriate congressional
committees stating that such parking fines and penalties are
fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to the
regulation notification procedures of the appropriate
congressional committees, provided that no such funds shall be
made available for assistance to the central government of a
foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d) The Secretary of State may waive the requirements set
forth in subsection (a) no sooner than 60 days from the date of
enactment of this Act, or at any time with respect to a
particular country, if the Secretary determines that it is in
the national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of
the waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties owed by
nations receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``appropriate congressional
committees'' means the Committee on Appropriations of
the Senate and the Committee on Appropriations of the
House of Representatives.
(2) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(3) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1,
1997 through September 30, 2003.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
Sec. 545. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation
Organization for the West Bank and Gaza unless the President
has exercised the authority under section 604(a) of the Middle
East Peace Facilitation Act of 1995 (title VI of Public Law
104-107) or any other legislation to suspend or make
inapplicable section 307 of the Foreign Assistance Act of 1961
and that suspension is still in effect: Provided, That if the
President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 546. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961, as amended, of up to
$30,000,000 of commodities and services for the United Nations
War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the
ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under
section 552(c): Provided further, That the drawdown made under
this section for any tribunal shall not be construed as an
endorsement or precedent for the establishment of any standing
or permanent international criminal tribunal or court: Provided
further, That funds made available for tribunals other than
Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall
be made available subject to the regular notification
procedures of the Committees on Appropriations.
LANDMINES
Sec. 547. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used
in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 548. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new
office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza
and Jericho or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles:
Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 549. None of the funds appropriated or otherwise made
available by this Act under the heading ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Child Survival and Health Programs Fund'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
Sec. 550. None of the funds appropriated by this Act may be
made available to pay any voluntary contribution of the United
States to the United Nations (including the United Nations
Development Program) if the United Nations implements or
imposes any taxation on any United States persons.
HAITI
Sec. 551. The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms Export
Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
Sec. 552. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives and the President pro
tempore of the Senate that waiving such prohibition is
important to the national security interests of the United
States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period
of 6 months at a time and shall not apply beyond 12 months
after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the steps
the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.
The report shall also include a description of how funds will
be spent and the accounting procedures in place to ensure that
they are properly disbursed.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
Sec. 553. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign
country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights,
unless the Secretary determines and reports to the Committees
on Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice: Provided, That nothing in this
section shall be construed to withhold funds made available by
this Act from any unit of the security forces of a foreign
country not credibly alleged to be involved in gross violations
of human rights: Provided further, That in the event that funds
are withheld from any unit pursuant to this section, the
Secretary of State shall promptly inform the foreign government
of the basis for such action and shall, to the maximum extent
practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security
forces to justice.
FOREIGN MILITARY TRAINING REPORT
Sec. 554. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations of the
House of Representatives and the Senate by the date specified
in that section.
ENVIRONMENT PROGRAMS
Sec. 555. (a) Funding.--Of the funds appropriated under the
heading ``Development Assistance'', not less than $155,000,000
shall be made available for programs and activities which
directly protect biodiversity, including forests, in developing
countries, of which $1,500,000 should be made available to
improve the capacity of indigenous groups and local
environmental organizations and law enforcement agencies to
protect the biodiversity of indigenous reserves in the Amazon
Basin region of Brazil, which amount shall be in addition to
the amount requested in this Act for assistance for Brazil for
fiscal year 2004: Provided, That not later than 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
for human rights for its citizens, and should enact other laws
and regulations assuring transparent and accountable
governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests
of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly elected
governing entity, in order to help meet the requirements of
subsection (a), consistent with the provisions of section 552
of this Act (``Limitation on Assistance to the Palestinian
Authority'').
COLOMBIA
Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated
by this Act that are available for assistance for the Colombian
Armed Forces, may be made available as follows:
(1) Up to 75 percent of such funds may be obligated
prior to a determination and certification by the
Secretary of State pursuant to paragraph (2).
(2) Up to 12.5 percent of such funds may be
obligated only after the Secretary of State certifies
and reports to the appropriate congressional committees
that:
(A) The Commander General of the Colombian
Armed Forces is suspending from the Armed
Forces those members, of whatever rank who,
according to the Minister of Defense or the
Procuraduria General de la Nacion, have been
credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations.
(B) The Colombian Government is vigorously
investigating and prosecuting those members of
the Colombian Armed Forces, of whatever rank,
who have been credibly alleged to have
committed gross violations of human rights,
including extra-judicial killings, or to have
aided or abetted paramilitary organizations,
and is promptly punishing those members of the
Colombian Armed Forces found to have committed
such violations of human rights or to have
aided or abetted paramilitary organizations.
(C) The Colombian Armed Forces have made
substantial progress in cooperating with
civilian prosecutors and judicial authorities
in such cases (including providing requested
information, such as the identity of persons
suspended from the Armed Forces and the nature
and cause of the suspension, and access to
witnesses, relevant military documents, and
other requested information).
(D) The Colombian Armed Forces have made
substantial progress in severing links
(including denying access to military
intelligence, vehicles, and other equipment or
supplies, and ceasing other forms of active or
tacit cooperation) at the command, battalion,
and brigade levels, with paramilitary
organizations, especially in regions where
these organizations have a significant
presence.
(E) The Colombian Armed Forces are
dismantling paramilitary leadership and
financial networks by arresting commanders and
financial backers, especially in regions where
these networks have a significant presence.
(3) The balance of such funds may be obligated
after July 31, 2004, if the Secretary of State
certifies and reports to the appropriate congressional
committees, after such date, that the Colombian Armed
Forces are continuing to meet the conditions contained
in paragraph (2) and are conducting vigorous operations
to restore government authority and respect for human
rights in areas under the effective control of
paramilitary and guerrilla organizations.
(b) Congressional Notification.--Funds made available by
this Act for the Colombian Armed Forces shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2005, the Secretary of State shall consult
with internationally recognized human rights organizations
regarding progress in meeting the conditions contained in that
subsection.
(d) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or
abetted'' means to provide any support to paramilitary
groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such
groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives.
ILLEGAL ARMED GROUPS
Sec. 564. (a) Denial of Visas to Supporters of Colombian
Illegal Armed Groups.--Subject to subsection (b), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--
(1) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the
National Liberation Army (ELN), or the United Self-
Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups; or
(2) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the
Secretary of State determines and certifies to the appropriate
congressional committees, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support the
peace process in Colombia or for urgent humanitarian reasons.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 565. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
WEST BANK AND GAZA PROGRAM
Sec. 566. (a) Oversight.--For fiscal year 2004, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the appropriate committees of Congress that procedures have
been established to assure the Comptroller General of the
United States will have access to appropriate United States
financial information in order to review the uses of United
States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual or entity that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity.
The Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection.
(c) Audits.--(1) The Administrator of the United States
Agency for International Development shall ensure that Federal
or non-Federal audits of all contractors and grantees, and
significant subcontractors and subgrantees, under the West Bank
and Gaza Program, are conducted at least on an annual basis to
ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for the West Bank and Gaza, up to $1,000,000 may be
used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection. Such funds are in addition to
funds otherwise available for such purposes.
CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND
Sec. 567. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations
and Programs'' and ``Child Survival and Health Programs Fund''
for fiscal year 2004, the amount cited in section 576 of Public
Law 107-115 shall be made available for the United Nations
Population Fund (hereafter in this section referred to as the
``UNFPA'').
(b) Family Planning, Maternal and Reproductive Health
Activities.--Of the funds appropriated in Public Law 107-115
that were available for the UNFPA, including all funds that
were transferred to ``Child Survival and Health Programs
Fund'', $34,000,000 shall be made available for family
planning, maternal and reproductive health activities in the
Democratic Republic of the Congo, Ethiopia, Nigeria, Tanzania,
Uganda, Haiti, Georgia, Azerbaijan, Russia, Albania, Romania,
and Kazakhstan: Provided, That such programs and activities
shall be deemed to have been justified to Congress.
(c) Trafficking Initiative.--Of the funds appropriated in
Public Law 108-7 that were available for the UNFPA and that
were transferred to ``Child Survival and Health Programs
Fund'', $25,000,000 shall be allocated for assistance for
``vulnerable children'' and made available for a new initiative
for assistance for young women, mothers and children who are
victims of trafficking in persons: Provided, That such programs
and activities shall be deemed to have been justified to
Congress.
(d) Prohibition on Use of Funds in China.--None of the
funds made available under ``International Organizations and
Programs'' may be made available for the UNFPA for a country
program in the People's Republic of China.
(e) Conditions on Availability of Funds.--Amounts made
available under ``International Organizations and Programs''
and ``Child Survival and Health Programs Fund'' for fiscal year
2004 for the UNFPA may not be made available to UNFPA unless--
(1) the UNFPA maintains amounts made available to
the UNFPA under this section in an account separate
from other accounts of the UNFPA;
(2) the UNFPA does not commingle amounts made
available to the UNFPA under this section with other
sums; and
(3) the UNFPA does not fund abortions.
CENTRAL ASIA
Sec. 568. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress in
meeting its commitments under the ``Declaration on the
Strategic Partnership and Cooperation Framework Between the
Republic of Uzbekistan and the United States of America'',
including respect for human rights, establishing a genuine
multi-party system, and ensuring free and fair elections,
freedom of expression, and the independence of the media.
(b) Funds appropriated by this Act may be made available
for assistance for the Government of Kazakhstan only if the
Secretary of State determines and reports to the Committees on
Appropriations that the Government of Kazakhstan has made
significant improvements in the protection of human rights
during the preceding 6 month period.
(c) The Secretary of State may waive the requirements under
subsection (b) if he determines and reports to the Committees
on Appropriations that such a waiver is in the national
security interests of the United States.
(d) Not later than October 1, 2004, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 6-month period
ending 30 days prior to submission of such report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(e) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN
FEDERATION
Sec. 569. None of the funds appropriated under this Act may
be made available for the Government of the Russian Federation,
after 180 days from the date of the enactment of this Act,
unless the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation has implemented no statute, executive order,
regulation or similar government action that would
discriminate, or who have as its principal effect
discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party.
WAR CRIMINALS
Sec. 570. (a)(1) None of the funds appropriated or
otherwise made available pursuant to this Act may be made
available for assistance, and the Secretary of the Treasury
shall instruct the United States executive directors to the
international financial institutions to vote against any new
project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton
Accords.
(c) Not less than 10 days before any vote in an
international financial institution regarding the extension of
any new project involving financial or technical assistance or
grants to any country or entity described in subsection (a),
the Secretary of the Treasury, in consultation with the
Secretary of State, shall provide to the Committees on
Appropriations a written justification for the proposed
assistance, including an explanation of the United States
position regarding any such vote, as well as a description of
the location of the proposed assistance by municipality, its
purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult
with representatives of human rights organizations and all
government agencies with relevant information to help prevent
indicted war criminals from benefiting from any financial or
technical assistance or grants provided to any country or
entity described in subsection (a).
(e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country,
entity, or municipality upon a written determination to the
Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accords.
(f) Definitions.--As used in this section--
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo,
Montenegro and the Republika Srpska.
(3) Municipality.--The term ``municipality'' means
a city, town or other subdivision within a country or
entity as defined herein.
(4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in
Bosnia and Herzegovina, together with annexes relating
thereto, done at Dayton, November 10 through 16, 1995.
USER FEES
Sec. 571. The Secretary of the Treasury shall instruct the
United States Executive Director at each international
financial institution (as defined in section 1701(c)(2) of the
International Financial Institutions Act) and the International
Monetary Fund to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention and treatment efforts for HIV/
AIDS, malaria, tuberculosis, and infant, child, and maternal
well-being, in connection with the institutions' financing
programs.
FUNDING FOR SERBIA
Sec. 572. (a) Funds appropriated by this Act may be made
available for assistance for Serbia after March 31, 2004, if
the President has made the determination and certification
contained in subsection (c).
(b) After March 31, 2004, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of the Federal Republic of
Yugoslavia (or a government of a successor state) subject to
the conditions in subsection (c): Provided, That section 576 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997, as amended, shall not apply to the
provision of loans and assistance to the Federal Republic of
Yugoslavia (or a successor state) through international
financial institutions.
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of the Federal Republic of Yugoslavia (or a
government of a successor state) is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, and the
surrender and transfer of indictees or assistance in
their apprehension, including making all practicable
efforts to apprehend and transfer Ratko Mladic;
(2) taking steps that are consistent with the
Dayton Accords to end Serbian financial, political,
security and other support which has served to maintain
separate Republika Srpska institutions; and
(3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law, including the release of political prisoners from
Serbian jails and prisons.
(d) This section shall not apply to Montenegro, Kosovo,
humanitarian assistance or assistance to promote democracy in
municipalities.
COMMUNITY-BASED POLICE ASSISTANCE
Sec. 573. (a) Authority.--Funds made available by this Act
to carry out the provisions of chapter 1 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961, may be
used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
in Jamaica and El Salvador through training and technical
assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police
roles that support democratic governance including assistance
for programs to prevent conflict and foster improved police
relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
Sec. 574. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is
provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank for Reconstruction and Development,
commonly referred to as ``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose
government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international
narcotics control matters;
(4) (including its military or other security
forces) does not engage in a consistent pattern of
gross violations of internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance
for the purposes of any provision of law limiting assistance to
a country. The authority provided by subsection (a) may be
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
Sec. 575. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any
other provision of law, the President shall, in
accordance with this section, establish the terms and
conditions under which loans may be sold, reduced, or
canceled pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
DISASTER SURGE CAPACITY
Sec. 576. Funds appropriated by this Act to carry out part
I of the Foreign Assistance Act of 1961 may be used, in
addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed
to or employed by the United States Agency for International
Development whose primary responsibility is to carry out
programs to address natural or manmade disasters or programs
under the heading ``Transition Initiatives''.
IFAD AUTHORIZATION
Sec. 577. The Secretary of the Treasury may, to fulfill
commitments of the United States, contribute on behalf of the
United States to the sixth replenishment of the resources of
the International Fund for Agricultural Development. The
following amount is authorized to be appropriated without
fiscal year limitation for payment by the Secretary of the
Treasury: $45,000,000 for the International Fund for
Agricultural Development.
PHILIPPINE EDUCATION AND HEALTH INFRASTRUCTURE
Sec. 578. Of the funds appropriated under ``Economic
Support Fund'' for the Philippines in Public Law 108-11, the
Emergency Wartime Supplemental Appropriations Act, 2003,
$600,000 shall be available only for upgrading education and
health infrastructure in the Sulu Archipelago.
BASIC EDUCATION
Sec. 579. Of the funds appropriated by title II of this
Act, not less than $326,500,000 shall be made available for
basic education: Provided, That the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development (USAID), shall submit a report
not later than 120 days after enactment of this Act
articulating a strategy for the use of basic education funds in
Africa, East Asia and the Pacific, the Near East, South Asia,
and the Western Hemisphere (excluding the United States) to
include--
(1) country strategies and brief project
descriptions of the uses and proposed uses of all
United States Government resources for basic education
overseas;
(2) a detailed description of the administrative
structure currently in place to manage strategic
coordination undertaken among the State Department,
USAID and other agencies involved in international
basic education activities; and
(3) a description of actions being taken to expand
the administrative capacity of both USAID and the State
Department to deliver effective expanded basic
education programs.
PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE RESOURCES OF THE
INTERNATIONAL DEVELOPMENT ASSOCIATION
Sec. 580. The International Development Association Act (22
U.S.C. 284-284s) is amended by adding at the end the following:
``SEC. 22. THIRTEENTH REPLENISHMENT.
``(a) Contribution Authority.--
``(1) In general.--The United States Governor of
the Association may contribute on behalf of the United
States an amount equal to the amount appropriated under
subsection (b), pursuant to the resolution of the
Association entitled `Additions to IDA Resources:
Thirteenth Replenishment'.
``(2) Subject to appropriations.--Any commitment to
make the contribution authorized by paragraph (1) shall
be effective only to such extent or in such amounts as
are provided in advance in appropriations Acts.
``(b) Limitations on Authorization of Appropriations.--For
the contribution authorized by subsection (a), there are
authorized to be appropriated such sums as may be necessary for
payment by the Secretary of the Treasury, without fiscal year
limitation.''.
ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL DEVELOPMENT
INSTITUTIONS
Sec. 581. Title XV of the International Financial
Institutions Act (22 U.S.C. 262o--262o-2) is amended by adding
at the end the following:
``SEC. 1504. ADMINISTRATIVE PROVISIONS.
``(a) Achievement of Certain Policy Goals.--The Secretary
of Treasury should instruct the United States Executive
Director at each multilateral development institution to inform
the institution of the following United States policy goals,
and use the voice and vote of the United States to achieve the
goals at the institution before June 30, 2005:
``(1) No later than 60 calendar days after the
Board of Directors of the institution approves the
minutes of a Board meeting, the institution shall post
on its website an electronic version of the minutes,
with material deemed too sensitive for public
distribution redacted.
``(2) The institution shall keep a written
transcript or electronic recording of each meeting of
its Board of Directors and preserve the transcript or
recording for at least 10 years after the meeting.
``(3) All public sector loan, credit and grant
documents, country assistance strategies, sector
strategies, and sector policies prepared by the
institution and presented for endorsement or approval
by its Board of Directors, with materials deemed too
sensitive for public distribution redacted or withheld,
shall be made available to the public 15 calendar days
before consideration by the Board or, if not then
available, when the documents are distributed to the
Board. Such documents shall include the resources and
conditionality necessary to ensure that the borrower
complies with applicable laws in carrying out the terms
and conditions of such documents, strategies, or
policies, including laws pertaining to the integrity
and transparency of the process such as public
consultation, and to public health and safety and
environmental protection.
``(4) The institution shall post on its website an
annual report containing statistical summaries and case
studies of the fraud and corruption cases pursued by
its investigations unit.
``(5) The institution shall require that any
health, education, or poverty-focused loan, credit,
grant, document, policy, or strategy prepared by the
institution includes specific outcome and output
indicators to measure results, and that the indicators
and results be published periodically during the
execution, and at the completion, of the project or
program.
``(6) The institution shall establish a plan and
schedule for conducting regular, independent audits of
internal management controls and procedures for meeting
operational objectives, complying with Bank policies,
and preventing fraud, and making reports describing the
scope and findings of such audits available to the
public.
``(7) The institution shall establish effective
procedures for the receipt, retention, and treatment of
(A) complaints received by the Bank regarding fraud,
accounting, mismanagement, internal accounting
controls, or auditing matters; and (B) the
confidential, anonymous submission by employees of the
Bank of concerns regarding fraud, accounting,
mismanagement, internal accounting controls, or
auditing matters.
``(b) Not later than September 1, 2004 and 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
(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 Public Law 106-429 (as
enacted by section 101(a) of such Public Law) is hereby
repealed.
CPA DETAILEES
Sec. 599C. The Office of Personnel Management shall provide
the House and Senate Committees on Appropriations a report of
the number of Federal employees detailed from each executive
agency to the Coalition Provisional Authority in Iraq on the
date of enactment of this Act: Provided, That the report shall
identify by agency the number of non-reimbursable and
reimbursable detailees and shall be submitted to the House and
Senate Committees on Appropriations by February 1, 2004:
Provided further, That the report shall be updated and
submitted on a quarterly basis until May, 2005.
TITLE VI--MILLENNIUM CHALLENGE ACT OF 2003
SEC. 601. SHORT TITLE.
This title may be cited as the ``Millennium Challenge Act
of 2003''.
SEC. 602. PURPOSES.
The purposes of this title are--
(1) to provide United States assistance for global
development through the Millennium Challenge
Corporation, as described in section 604; and
(2) to provide such assistance in a manner that
promotes economic growth and the elimination of extreme
poverty and strengthens good governance, economic
freedom, and investments in people.
SEC. 603. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on International
Relations and the Committee on Appropriations
of the House of Representatives; and
(B) the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(2) Board.--The term ``Board'' means the Board of
Directors of the Corporation established pursuant to
section 604(c).
(3) Candidate country.--The term ``candidate
country'' means a country that meets the requirements
of section 606.
(4) Chief executive officer.--The term ``Chief
Executive Officer'' means the chief executive officer
of the Corporation appointed pursuant to section
604(b).
(5) Compact.--The term ``Compact'' means a
Millennium Challenge Compact described in section 609.
(6) Corporation.--The term ``Corporation'' means
the Millennium Challenge Corporation established by
section 604(a).
(7) Eligible country.--The term ``eligible
country'' means a candidate country that is determined,
under section 607, to be an eligible country to receive
assistance under section 605.
SEC. 604. ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM CHALLENGE
CORPORATION.
(a) Establishment.--There is established in the executive
branch a corporation to be known as the ``Millennium Challenge
Corporation'' that shall be responsible for carrying out this
title. The Corporation shall be a government corporation, as
defined in section 103 of title 5, United States Code.
(b) Chief Executive Officer.--
(1) In general.--There shall be in the Corporation
a Chief Executive Officer who shall be responsible for
the management of the Corporation.
(2) Appointment.--
(A) In general.--Except as provided in
subparagraph (B), the Chief Executive Officer
shall be appointed by the President, by and
with the advice and consent of the Senate.
(B) Interim ceo.--The members of the Board
of Directors described in subsection (c)(3)(A)
may designate by unanimous consent in writing
an individual who is an officer within any
Federal department or agency (and who has been
appointed to such position by the President, by
and with the advice and consent of the Senate)
to carry out the duties described in this
subsection until the Chief Executive Officer is
appointed pursuant to subparagraph (A).
(3) Relationship to board.--The Chief Executive
Officer shall report to and be under the direct
authority of the Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive
Officer shall be compensated at the rate
provided for level II of the Executive Schedule
under section 5313 of title 5, United States
Code, and shall have the equivalent rank of
Deputy Secretary.
(B) Amendment.--Section 5313 of title 5,
United States Code, is amended by adding at the
end the following:
`` Chief Executive Officer, Millennium Challenge
Corporation.''.
(5) Authorities and duties.--The Chief Executive
Officer shall be responsible for the management of the
Corporation and shall exercise the powers and discharge
the duties of the Corporation.
(6) Authority to appoint officers.--In consultation
and with approval of the Board, the Chief Executive
Officer shall appoint all officers of the Corporation.
(c) Board of Directors.--
(1) Establishment.--There shall be in the
Corporation a Board of Directors.
(2) Duties.--The Board shall perform the functions
specified to be carried out by the Board in this title
and may prescribe, amend, and repeal bylaws, rules,
regulations, and procedures governing the manner in
which the business of the Corporation may be conducted
and in which the powers granted to it by law may be
exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State, the Secretary
of the Treasury, the Administrator of the
United States Agency for International
Development, the Chief Executive Officer of the
Corporation, and the United States Trade
Representative; and
(B) four other individuals with relevant
international experience who shall be appointed
by the President, by and with the advice and
consent of the Senate, of which--
(i) one individual should be
appointed from among a list of
individuals submitted by the majority
leader of the House of Representatives;
(ii) one individual should be
appointed from among a list of
individuals submitted by the minority
leader of the House of Representatives;
(iii) one individual should be
appointed from among a list of
individuals submitted by the majority
leader of the Senate; and
(iv) one individual should be
appointed from among a list of
individuals submitted by the minority
leader of the Senate.
(4) Terms.--
(A) Officers of the federal government.--
Each member of the Board described in paragraph
(3)(A) shall serve for a term that is
concurrent with the term of service of the
individual's position as an officer within the
other Federal department or agency.
(B) Other members.--Each member of the
Board described in paragraph (3)(B) shall be
appointed for a term of 3 years and may be
reappointed for a term of an additional 2
years.
(C) Vacancies.--A vacancy in the Board
shall be filled in the manner in which the
original appointment was made.
(5) Chairperson.--There shall be a Chairperson of
the Board. The Secretary of State shall serve as the
Chairperson.
(6) Quorum.--A majority of the members of the Board
shall constitute a quorum, which, except with respect
to a meeting of the Board during the 135-day period
beginning on the date of the enactment of this Act,
shall include at least one member of the Board
described in paragraph (3)(B).
(7) Meetings.--The Board shall meet at the call of
the Chairperson.
(8) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the
Board described in paragraph (3)(A) may
not receive additional pay, allowances,
or benefits by reason of the member's
service on the Board.
(ii) Travel expenses.--Each such
member of the Board shall receive
travel expenses, including per diem in
lieu of subsistence, in accordance with
applicable provisions under subchapter
I of chapter 57 of title 5, United
States Code.
(B) Other members.--
(i) In general.--Except as provided
in clause (ii), a member of the Board
described in paragraph (3)(B)--
(I) shall be paid
compensation out of funds made
available for the purposes of
this title at the daily
equivalent of the highest rate
payable under section 5332 of
title 5, United States Code,
for each day (including travel
time) during which the member
is engaged in the actual
performance of duties as a
member of the Board; and
(II) while away from the
member's home or regular place
of business on necessary travel
in the actual performance of
duties as a member of the
Board, shall be paid per diem,
travel, and transportation
expenses in the same manner as
is provided under subchapter I
of chapter 57 of title 5,
United States Code.
(ii) Limitation.--A member of the
Board may not be paid compensation
under clause (i)(II) for more than 90
days in any calendar year.
SEC. 605. AUTHORIZATION OF ASSISTANCE.
(a) Assistance.--Notwithstanding any other provision of law
(other than a provision of this title), the Board, acting
through the Chief Executive Officer, is authorized to provide
assistance under this section for each country that enters into
a Millennium Challenge Compact with the United States pursuant
to section 609 to support policies and programs that advance
the progress of the country in achieving lasting economic
growth and poverty reduction and are in furtherance of the
purposes of this title.
(b) Form of Assistance.--Assistance under this section may
be provided in the form of grants, cooperative agreements, or
contracts to or with eligible entities described in subsection
(c). Assistance under this section may not be provided in the
form of loans.
(c) Eligible Entities.--An eligible entity referred to in
subsection (b) is--
(1) the national government of the eligible
country;
(2) regional or local governmental units of the
country; or
(3) a nongovernmental organization or a private
entity.
(d) Application.--The Chief Executive Officer, in
consultation with the Board and working with eligible countries
selected by the Board for negotiation of Compacts, should
develop and recommend procedures for considering solicited and
unsolicited proposals in Compacts prior to an approval of the
Compacts by the Board.
(e) Limitations.--
(1) Prohibition on military assistance and
training.--Assistance under this section may not
include military assistance or military training for a
country.
(2) Prohibition on assistance relating to united
states job loss or production displacement.--Assistance
under this section may not be provided for any project
that is likely to cause a substantial loss of United
States jobs or a substantial displacement of United
States production.
(3) Prohibition on assistance relating to
environmental, health, or safety hazards.--Assistance
under this section may not be provided for any project
that is likely to cause a significant environmental,
health, or safety hazard.
(4) Prohibition on use of funds for abortions and
involuntary sterilizations.--The prohibitions on use of
funds contained in paragraphs (1) through (3) of
section 104(f) of the Foreign Assistance Act of 1961
(22 U.S.C. 2151b(f)(1)-(3)) shall apply to funds made
available to carry out this section to the same extent
and in the same manner as such prohibitions apply to
funds made available to carry out part I of such Act.
The prohibition on use of funds contained in any
provision of law comparable to the eleventh and
fourteenth provisos under the heading ``Child Survival
and Health Programs Fund'' of division E of Public Law
108-7 (117 Stat. 162) shall apply to funds made
available to carry out this section for fiscal year
2004.
(f) Coordination.--The provision of assistance under this
section shall be coordinated with other United States foreign
assistance programs.
SEC. 606. CANDIDATE COUNTRIES.
(a) Low Income Countries.--
(1) Fiscal year 2004.--A country shall be a
candidate country for purposes of eligibility for
assistance for fiscal year 2004 if--
(A) the country is eligible for assistance
from the International Development Association,
and the per capita income of the country is
equal to or less than the historical ceiling of
the International Development Association for
that year, as defined by the International Bank
for Reconstruction and Development; and
(B) subject to paragraph (3), the country
is not ineligible to receive United States
economic assistance under part I of the Foreign
Assistance Act of 1961 by reason of the
application of any provision of the Foreign
Assistance Act of 1961 or any other provision
of law.
(2) Fiscal year 2005 and subsequent fiscal years.--
A country shall be a candidate country for purposes of
eligibility for assistance for fiscal year 2005 or a
subsequent fiscal year if--
(A) the per capita income of the country is
equal to or less than the historical ceiling of
the International Development Association for
the fiscal year involved, as defined by the
International Bank for Reconstruction and
Development; and
(B) the country meets the requirements of
paragraph (1)(B).
(3) Rule of construction.--For the purposes of
determining whether a country is eligible for receiving
assistance under section 605 pursuant to paragraph
(1)(B), the exercise by the President, the Secretary of
State, or any other officer or employee of the United
States of any waiver or suspension of any provision of
law referred to in such paragraph, and notification to
the appropriate congressional committees in accordance
with such provision of law, shall be construed as
satisfying the requirement of such paragraph.
(b) Lower Middle Income Countries.--
(1) In general.--In addition to countries described
in subsection (a), a country shall be a candidate
country for purposes of eligibility for assistance for
fiscal year 2006 or a subsequent fiscal year if the
country--
(A) is classified as a lower middle income
country in the then most recent edition of the
World Development Report for Reconstruction and
Development published by the International Bank
for Reconstruction and Development and has an
income greater than the historical ceiling for
International Development Association
eligibility for the fiscal year involved; and
(B) meets the requirements of subsection
(a)(1)(B).
(2) Limitation.--The total amount of assistance
provided to countries described in paragraph (1) for
fiscal year 2006 or any subsequent fiscal year may not
exceed 25 percent of the total amount of assistance
provided to all countries under section 605 for fiscal
year 2006 or the subsequent fiscal year, as the case
may be.
(c) Identification by the Board.--The Board shall identify
whether a country is a candidate country for purposes of this
section.
SEC. 607. ELIGIBLE COUNTRIES.
(a) Determination by the Board.--The Board shall determine
whether a candidate country is an eligible country for purposes
of this section. Such determination shall be based, to the
maximum extent possible, upon objective and quantifiable
indicators of a country's demonstrated commitment to the
criteria in subsection (b), and shall, where appropriate, take
into account and assess the role of women and girls.
(b) Criteria.--A candidate country should be considered to
be an eligible country for purposes of this section if the
Board determines that the country has demonstrated a commitment
to--
(1) just and democratic governance, including a
demonstrated commitment to--
(A) promote political pluralism, equality,
and the rule of law;
(B) respect human and civil rights,
including the rights of people with
disabilities;
(C) protect private property rights;
(D) encourage transparency and
accountability of government; and
(E) combat corruption;
(2) economic freedom, including a demonstrated
commitment to economic policies that--
(A) encourage citizens and firms to
participate in global trade and international
capital markets;
(B) promote private sector growth and the
sustainable management of natural resources;
(C) strengthen market forces in the
economy; and
(D) respect worker rights, including the
right to form labor unions; and
(3) investments in the people of such country,
particularly women and children, including programs
that--
(A) promote broad-based primary education;
and
(B) strengthen and build capacity to
provide quality public health and reduce child
mortality.
(c) Selection by the Board.--
(1) In general.--At the time the Board determines
eligible countries under this section for a fiscal
year, the Board shall select those eligible countries
with respect to which the United States will initially
seek to enter into a Millennium Challenge Compact
pursuant to section 609.
(2) Factors.--In selecting eligible countries under
paragraph (1), the Board shall consider the following
factors:
(A) The extent to which the country clearly
meets or exceeds the eligibility criteria.
(B) The opportunity to reduce poverty and
generate economic growth in the country.
(C) The availability of amounts to carry
out this title.
(d) Establishment of Criteria and Methodology.--The
criteria and methodology submitted by the Board to Congress and
published in the Federal Register under section 608(b)(2) with
respect to a fiscal year shall remain fixed for purposes of
eligibility determinations for such year.
(e) Annual Modification of Criteria and Methodology.--As
appropriate, the Board, acting through the Chief Executive
Officer, shall review the eligibility criteria and methodology
and modify such criteria and methodology in subsequent years
consistent with section 608(b).
SEC. 608. CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE COUNTRIES,
ELIGIBILITY CRITERIA, AND ELIGIBLE COUNTRIES.
(a) Identification of Candidate Countries.--Not later than
90 days prior to the date on which the Board determines
eligible countries under section 607 for a fiscal year, the
Chief Executive Officer--
(1) shall prepare and submit to the appropriate
congressional committees a report that contains a list
of all candidate countries identified under section
606, and all countries that would be candidate
countries if the countries met the requirement
contained in section 606(a)(1)(B), for the fiscal year;
and
(2) shall publish in the Federal Register the
information contained in the report described in
paragraph (1).
(b) Identification of Eligibility Criteria and
Methodology.--Not later than 60 days prior to the date on which
the Board determines eligible countries under section 607 for a
fiscal year, the Chief Executive Officer--
(1) shall prepare and submit to the appropriate
congressional committees a report that contains a list
of the criteria and methodology described in
subsections (a) and (b) of section 607 that will be
used to determine eligibility for each candidate
country identified under subsection (a);
(2) shall publish in the Federal Register the
information contained in the report described in
paragraph (1); and
(3) may conduct one or more public hearings on the
eligibility criteria and methodology.
(c) Public Comment and Congressional Consultation.--
(1) Public comment.--The Chief Executive Officer
shall, for the 30-day period beginning on the date of
publication in the Federal Register of the information
contained in the report described in subsection (b)(1),
accept public comment and consider such comment for
purposes of determining eligible countries under
section 607.
(2) Congressional consultation.--The Chief
Executive Officer shall consult with the appropriate
congressional committees on the extent to which the
candidate countries meet the criteria described in
section 607(b).
(d) Identification of Eligible Countries.--Not later than 5
days after the date on which the Board determines eligible
countries under section 607 for a fiscal year, the Chief
Executive Officer--
(1) shall prepare and submit to the appropriate
congressional committees a report that contains a list
of all such eligible countries, an identification of
those countries on such list with respect to which the
Board will seek to enter into a Compact under section
609, and a justification for such eligibility
determination and selection for Compact negotiation;
and
(2) shall publish in the Federal Register the
information contained in the report described in
paragraph (1).
SEC. 609. MILLENNIUM CHALLENGE COMPACT.
(a) Compact.--The Board, acting through the Chief Executive
Officer of the Corporation, may provide assistance for an
eligible country only if the country enters into an agreement
with the United States, to be known as a ``Millennium Challenge
Compact'', that establishes a multi-year plan for achieving
shared development objectives in furtherance of the purposes of
this title.
(b) Elements.--
(1) In general.--The Compact should take into
account the national development strategy of the
eligible country and shall contain--
(A) the specific objectives that the
country and the United States expect to achieve
during the term of the Compact;
(B) the responsibilities of the country and
the United States in the achievement of such
objectives;
(C) regular benchmarks to measure, where
appropriate, progress toward achieving such
objectives;
(D) an identification of the intended
beneficiaries, disaggregated by income level,
gender, and age, to the maximum extent
practicable;
(E) a multi-year financial plan, including
the estimated amount of contributions by the
Corporation and the country and proposed
mechanisms to implement the plan and provide
oversight, that describes how the requirements
of subparagraphs (A) through (D) will be met,
including identifying the role of civil society
in the achievement of such requirements;
(F) where appropriate, a description of the
current and potential participation of other
donors in the achievement of such objectives;
(G) a plan to ensure appropriate fiscal
accountability for the use of assistance
provided under section 605;
(H) where appropriate, a process or
processes for consideration of solicited
proposals under the Compact as well as a
process for consideration of unsolicited
proposals by the Corporation and national,
regional, or local units of government;
(I) a requirement that open, fair, and
competitive procedures are used in a
transparent manner in the administration of
grants or cooperative agreements or the
procurement of goods and services for the
accomplishment of objectives under the Compact;
(J) the strategy of the eligible country to
sustain progress made toward achieving such
objectives after expiration of the Compact; and
(K) a description of the role of the United
States Agency for International Development in
any design, implementation, and monitoring of
programs and activities funded under the
Compact.
(2) Lower middle income countries.--In addition to
the elements described in subparagraphs (A) through (K)
of paragraph (1), with respect to a lower middle income
country described in section 606(b), the Compact shall
identify a contribution, as appropriate, from the
country relative to its national budget, taking into
account the prevailing economic conditions, toward
meeting the objectives of the Compact. Any such
contribution should be in addition to government
spending allocated for such purposes in the country's
budget for the year immediately preceding the
establishment of the Compact and should continue for
the duration of the Compact.
(3) Definition.--In this subsection, the term
``national development strategy'' means any strategy to
achieve market-driven economic growth and eliminate
extreme poverty that has been developed by the
government of the country in consultation with a wide
variety of civic participation, including
nongovernmental organizations, private and voluntary
organizations, academia, women's and student
organizations, local trade and labor unions, and the
business community.
(c) Additional Provision Relating to Prohibition on
Taxation.--In addition to the elements described in subsection
(c), each Compact shall contain a provision that states that
assistance provided by the United States under the Compact
shall be exempt from taxation by the government of the eligible
country.
(d) Local Input.--In entering into a Compact, the United
States shall seek to ensure that the government of an eligible
country--
(1) takes into account the local-level perspectives
of the rural and urban poor, including women, in the
eligible country; and
(2) consults with private and voluntary
organizations, the business community, and other donors
in the eligible country.
(e) Consultation.--During any discussions with a country
for the purpose of entering into a Compact with the country,
officials of the Corporation participating in such discussions
shall, at a minimum, consult with appropriate officials of the
United States Agency for International Development,
particularly with those officials responsible for the
appropriate region or country on development issues related to
the Compact.
(f) Coordination With Other Donors.--To the maximum extent
feasible, activities undertaken to achieve the objectives of
the Compact shall be undertaken in coordination with the
assistance activities of other donors.
(g) Assistance for Development of Compact.--Notwithstanding
subsection (a), the Chief Executive Officer may enter into
contracts or make grants for any eligible country for the
purpose of facilitating the development and implementation of
the Compact between the United States and the country.
(h) Requirement for Approval by the Board.--Each Compact
shall be approved by the Board before the United States enters
into the Compact.
(i) Increase or Extension of Assistance Under a Compact.--
Not later than 15 days after making a determination to increase
or extend assistance under a Compact with an eligible country,
the Board, acting through the Chief Executive Officer--
(1) shall prepare and transmit to the appropriate
congressional committees a written report and
justification that contains a detailed summary of the
proposed increase in or extension of assistance under
the Compact and a copy of the full text of the
amendment to the Compact; and
(2) shall publish a detailed summary, full text,
and justification of the proposed increase in or
extension of assistance under the Compact in the
Federal Register and on the Internet website of the
Corporation.
(j) Duration of Compact.--The duration of a Compact shall
not exceed 5 years.
(k) Subsequent Compacts.--An eligible country and the
United States may enter into and have in effect only one
Compact at any given time under this section. An eligible
country and the United States may enter into one or more
subsequent Compacts in accordance with the requirements of this
title after the expiration of the existing Compact.
SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.
(a) Congressional Consultation Prior to Compact
Negotiations.--Not later than 15 days prior to the start of
negotiations of a Compact with an eligible country, the Board,
acting through the Chief Executive Officer--
(1) shall consult with the appropriate
congressional committees with respect to the proposed
Compact negotiation; and
(2) shall identify the objectives and mechanisms to
be used for the negotiation of the Compact.
(b) Congressional and Public Notification After Entering
Into a Compact.--Not later than 10 days after entering into a
Compact with an eligible country, the Board, acting through the
Chief Executive Officer--
(1) shall provide notification of the Compact to
the appropriate congressional committees, including a
detailed summary of the Compact and a copy of the text
of the Compact; and
(2) shall publish such detailed summary and the
text of the Compact in the Federal Register and on the
Internet website of the Corporation.
SEC. 611. SUSPENSION AND TERMINATION OF ASSISTANCE.
(a) Suspension and Termination of Assistance.--After
consultation with the Board, the Chief Executive Officer may
suspend or terminate assistance in whole or in part for a
country or entity under section 605 if the Chief Executive
Officer determines that--
(1) the country or entity is engaged in activities
which are contrary to the national security interests
of the United States;
(2) the country or entity has engaged in a pattern
of actions inconsistent with the criteria used to
determine the eligibility of the country or entity, as
the case may be; or
(3) the country or entity has failed to adhere to
its responsibilities under the Compact.
(b) Reinstatement.--The Chief Executive Officer may
reinstate assistance for a country or entity under section 605
only if the Chief Executive Officer determines that the country
or entity has demonstrated a commitment to correcting each
condition for which assistance was suspended or terminated
under subsection (a).
(c) Congressional Notification.--Not later than 3 days
after the date on which the Chief Executive Officer suspends or
terminates assistance under subsection (a) for a country or
entity, or reinstates assistance under subsection (b) for a
country or entity, the Chief Executive Officer shall submit to
the appropriate congressional committees a report that contains
the determination of the Chief Executive Officer under
subsection (a) or subsection (b), as the case may be.
(d) Rule of Construction.--The authority to suspend or
terminate assistance under this section includes the authority
to suspend or terminate obligations and sub-obligations.
SEC. 612. DISCLOSURE.
(a) Requirement for Disclosure.--The Corporation shall make
available to the public on at least a quarterly basis, the
following information:
(1) For assistance provided under section 605--
(A) the name of each entity to which
assistance is provided;
(B) the amount of assistance provided to
the entity; and
(C) a description of the program or
project, including--
(i) a description of whether the
program or project was solicited or
unsolicited; and
(ii) a detailed description of the
objectives and measures for results of
the program or project.
(2) For funds allocated or transferred under
section 619(b)--
(A) the name of each United States
Government agency to which such funds are
transferred or allocated;
(B) the amount of funds transferred or
allocated to such agency; and
(C) a description of the program or project
to be carried out by such agency with such
funds.
(b) Dissemination.--The information required to be
disclosed under subsection (a) shall be made available to the
public by means of publication in the Federal Register and on
the Internet website of the Corporation, as well as by any
other methods that the Board determines appropriate.
SEC. 613. ANNUAL REPORT.
(a) Report.--Not later than March 31, 2005, and each March
31 thereafter, the President shall submit to Congress a report
on the assistance provided under section 605 during the prior
fiscal year.
(b) Contents.--The report shall include the following:
(1) The amount of obligations and expenditures for
assistance provided to each eligible country during the
prior fiscal year.
(2) For each eligible country, an assessment of--
(A) the progress made during each year by
the country toward achieving the objectives set
out in the Compact entered into by the country;
and
(B) the extent to which assistance provided
under section 605 has been effective in helping
the country to achieve such objectives.
(3) A description of the coordination of assistance
provided under section 605 with other United States
foreign assistance and related trade policies.
(4) A description of the coordination of assistance
provided under section 605 with assistance provided by
other donor countries.
(5) Any other information the President considers
relevant with respect to assistance provided under
section 605.
SEC. 614. POWERS OF THE CORPORATION; RELATED PROVISIONS.
(a) Powers.--The Corporation--
(1) shall have perpetual succession unless
dissolved by a law enacted after the date of the
enactment of this Act;
(2) may adopt, alter, and use a seal, which shall
be judicially noticed;
(3) may make and perform such contracts, grants,
and other agreements with any person or government
however designated and wherever situated, as may be
necessary for carrying out the functions of the
Corporation;
(4) may determine and prescribe the manner in which
its obligations shall be incurred and its expenses
allowed and paid, including expenses for
representation;
(5) may lease, purchase, or otherwise acquire,
improve, and use such real property wherever situated,
as may be necessary for carrying out the functions of
the Corporation;
(6) may accept cash gifts or donations of services
or of property (real, personal, or mixed), tangible or
intangible, for the purpose of carrying out the
provisions of this title;
(7) may use the United States mails in the same
manner and on the same conditions as the Executive
departments;
(8) may contract with individuals for personal
services, who shall not be considered Federal employees
for any provision of law administered by the Office of
Personnel Management;
(9) may hire or obtain passenger motor vehicles;
and
(10) shall have such other powers as may be
necessary and incident to carrying out this title.
(b) Principal Office.--The Corporation shall maintain its
principal office in the metropolitan area of Washington,
District of Columbia.
(c) Positions With Foreign Governments.--When approved by
the Chief Executive Officer, for purposes of implementing a
Compact, employees of the Corporation (including individuals
detailed to the Corporation) may accept and hold offices or
positions to which no compensation is attached with governments
or governmental agencies of foreign countries or with
international organizations.
(d) Other Authorities.--Except to the extent inconsistent
with the provisions of this title, the administrative
authorities contained in the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to
the implementation of this title to the same extent and in the
same manner as such authorities apply to the implementation of
those Acts.
(e) Applicability of Government Corporation Control Act.--
(1) In general.--The Corporation shall be subject
to chapter 91 of subtitle VI of title 31, United States
Code, except that the Corporation shall not be
authorized to issue obligations or offer obligations to
the public.
(2) Conforming amendment.--Section 9101(3) of title
31, United States Code, is amended by adding at the end
the following:
``(Q) the Millennium Challenge
Corporation.''.
(f) Inspector General.--
(1) In general.--The Inspector General of the
United States Agency for International Development
shall serve as Inspector General of the Corporation,
and, in acting in such capacity, may conduct reviews,
investigations, and inspections of all aspects of the
operations and activities of the Corporation.
(2) Authority of the board.--In carrying out the
responsibilities under this subsection, the Inspector
General shall report to and be under the general
supervision of the Board.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Corporation shall
reimburse the United States Agency for
International Development for all expenses
incurred by the Inspector General in connection
with the Inspector General's responsibilities
under this subsection.
(B) Authorization for services.--Of the
amount authorized to be appropriated under
section 619(a) for a fiscal year, up to
$5,000,000 is authorized to be made available
to the Inspector General of the United States
Agency for International Development to conduct
reviews, investigations, and inspections of
operations and activities of the Corporation.
(g) Special Assistance.--
(1) In general.--The Chief Executive Officer is
authorized to contract with any nongovernmental
organization (including a university, independent
foundation, or other organization) in the United States
or in a candidate country, and, where appropriate,
directly with a governmental agency of any such
country, that is undertaking research aimed at
improving data related to eligibility criteria under
this title with respect to the country.
(2) Funding.--Of the amount authorized to be
appropriated under section 619(a) for a fiscal year, up
to $5,000,000 is authorized to be made available to
carry out paragraph (1).
SEC. 615. COORDINATION WITH UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Requirement for Coordination.--The Chief Executive
Officer shall consult with the Administrator of the United
States Agency for International Development in order to
coordinate the activities of the Corporation with the
activities of the Agency.
(b) USAID Programs.--The Administrator of the United States
Agency for International Development shall seek to ensure that
appropriate programs of the Agency play a primary role in
preparing candidate countries to become eligible countries.
SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.
(a) Authorization.--The Board, acting through the Chief
Executive Officer, is authorized to provide assistance to a
candidate country described in subsection (b) for the purpose
of assisting such country to become an eligible country.
(b) Candidate Country Described.--A candidate country
referred to in subsection (a) is a candidate country that--
(1) satisfies the requirements contained in
subparagraphs (A) and (B) of section 606(a)(1); and
(2) demonstrates a significant commitment to meet
the requirements of section 607(b) but fails to meet
such requirements (including by reason of the absence
or unreliability of data).
(c) Administration.--Assistance under this section may be
provided through the United States Agency for International
Development.
(d) Funding.--Not more than 10 percent of the amount
appropriated pursuant to the authorization of appropriations
under section 619(a) for fiscal year 2004 is authorized to be
made available to carry out this section.
SEC. 617. GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel.--Upon request of the Chief
Executive Officer, the head of an agency may detail any
employee of such agency to the Corporation on a reimbursable
basis. Any employee so detailed remains, for the purpose of
preserving such employee's allowances, privileges, rights,
seniority, and other benefits, an employee of the agency from
which detailed.
(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is
serving under a career or career conditional
appointment (or the equivalent), and who, with the
consent of the head of such agency, transfers to the
Corporation, is entitled to be reemployed in such
employee's former position or a position of like
seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Corporation for
any reason, other than misconduct, neglect of
duty, or malfeasance; and
(B) applies for reemployment not later than
90 days after the date of separation from the
Corporation.
(2) Specific rights.--An employee who satisfies
paragraph (1) is entitled to be reemployed (in
accordance with such paragraph) within 30 days after
applying for reemployment and, on reemployment, is
entitled to at least the rate of basic pay to which
such employee would have been entitled had such
employee never transferred.
(c) Hiring Authority.--Of persons employed by the
Corporation, not to exceed 30 persons may be appointed,
compensated, or removed without regard to the civil service
laws and regulations.
(d) Basic Pay.--The Chief Executive Officer may fix the
rate of basic pay of employees of the Corporation without
regard to the provisions of chapter 51 of title 5, United
States Code (relating to the classification of positions),
subchapter III of chapter 53 of such title (relating to General
Schedule pay rates), except that no employee of the Corporation
may receive a rate of basic pay that exceeds the rate for level
II of the Executive Schedule under section 5313 of such title.
(e) Definitions.--In this section--
(1) the term ``agency'' means an Executive agency,
as defined by section 105 of title 5, United States
Code; and
(2) the term ``detail'' means the assignment or
loan of an employee, without a change of position, from
the agency by which such employee is employed to the
Corporation.
SEC. 618. PERSONNEL OUTSIDE THE UNITED STATES.
(a) Assignment to United States Embassies.--An employee of
the Corporation, including an individual detailed to or
contracted by the Corporation, may be assigned to a United
States diplomatic mission or consular post or a United States
Agency for International Development field mission.
(b) Privileges and Immunities.--The Secretary of State
shall seek to ensure that an employee of the Corporation,
including an individual detailed to or contracted by the
Corporation, and the members of the family of such employee,
while the employee is performing duties in any country or place
outside the United States, enjoy the privileges and immunities
that are enjoyed by a member of the Foreign Service, or the
family of a member of the Foreign Service, as appropriate, of
comparable rank and salary of such employee, if such employee
or a member of the family of such employee is not a national of
or permanently resident in such country or place.
(c) Responsibility of Chief of Mission.--An employee of the
Corporation, including an individual detailed to or contracted
by the Corporation, and a member of the family of such
employee, shall be subject to section 207 of the Foreign
Service Act of 1980 (22 U.S.C. 3927) in the same manner as
United States Government employees while the employee is
performing duties in any country or place outside the United
States if such employee or member of the family of such
employee is not a national of or permanently resident in such
country or place.
SEC. 619. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title such sums as may be
necessary for each of the fiscal years 2004 and 2005.
(b) Allocation of Funds.--
(1) In general.--The Corporation may allocate or
transfer to any agency of the United States Government
any of the funds available for carrying out this title.
Such funds shall be available for obligation and
expenditure for the purposes for which the funds were
authorized, in accordance with authority granted in
this title or under authority governing the activities
of the United States Government agency to which such
funds are allocated or transferred.
(2) Notification.--The Corporation shall notify the
appropriate congressional committees not less than 15
days prior to an allocation or transfer of funds
pursuant to paragraph (1).
This division may be cited as the ``Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
2004''.
DIVISION E--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS, 2004
AN ACT
Making appropriations for the Departments of Labor, Health and Human
Services, and Education, and related agencies for the fiscal year
ending September 30, 2004, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Labor, Health and Human Services, and Education, and related
agencies for the fiscal year ending September 30, 2004, and for
other purposes, namely:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings
and other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment Act
of 1998; $2,697,654,000 plus reimbursements, of which
$1,666,473,000 is available for obligation for the period July
1, 2004 through June 30, 2005; except that amounts determined
by the Secretary of Labor to be necessary pursuant to sections
173(a)(4)(A) and 174(c) of such Act shall be available from
October 1, 2003 until expended; of which $1,000,965,000 is
available for obligation for the period April 1, 2004 through
June 30, 2005, to carry out chapter 4 of the Workforce
Investment Act of 1998; and of which $30,216,000 is available
for the period July 1, 2004 through June 30, 2007 for necessary
expenses of construction, rehabilitation, and acquisition of
Job Corps centers: Provided, That notwithstanding any other
provision of law, of the funds provided herein under section
137(c) of the Workforce Investment Act of 1998, $276,608,000
shall be for activities described in section 132(a)(2)(A) of
such Act and $1,180,152,000 shall be for activities described
in section 132(a)(2)(B) of such Act: Provided further, That
funds provided to carry out section 132(a)(2)(A) of the
Workforce Investment Act may be used to provide assistance to a
State for state-wide or local use in order to address cases
where there have been worker dislocations across multiple
sectors or across multiple local areas and such workers remain
dislocated; coordinate the State workforce development plan
with emerging economic development needs; and train such
eligible dislocated workers: Provided further, That $9,039,000
shall be for carrying out section 172 of the Workforce
Investment Act of 1998: Provided further, That, notwithstanding
any other provision of law or related regulation, $77,330,000
shall be for carrying out section 167 of the Workforce
Investment Act of 1998, including $72,213,000 for formula
grants, $4,610,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing), and
$507,000 for other discretionary purposes: Provided further,
That notwithstanding the transfer limitation under section
133(b)(4) of such Act, up to 30 percent of such funds may be
transferred by a local board if approved by the Governor:
Provided further, That funds provided to carry out section
171(d) of the Workforce Investment Act of 1998 may be used for
demonstration projects that provide assistance to new entrants
in the workforce and incumbent workers: Provided further, That
funding provided to carry out projects under section 171 of the
Workforce Investment Act of 1998 that are identified in the
Conference Agreement, shall not be subject to the requirements
of section 171(b)(2)(B) of such Act, the requirements of
section 171(c)(4)(D) of such Act, the joint funding
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such
Act, or any time limit requirements of sections 171(b)(2)(C)
and 171(c)(4)(B) of such Act: Provided further, That no funds
from any other appropriation shall be used to provide meal
services at or for Job Corps centers.
For necessary expenses of the Workforce Investment Act of
1998, including the purchase and hire of passenger motor
vehicles, the construction, alteration, and repair of buildings
and other facilities, and the purchase of real property for
training centers as authorized by the Workforce Investment Act
of 1998; $2,463,000,000 plus reimbursements, of which
$2,363,000,000 is available for obligation for the period
October 1, 2004 through June 30, 2005, and of which
$100,000,000 is available for the period October 1, 2004
through June 30, 2007, for necessary expenses of construction,
rehabilitation, and acquisition of Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
To carry out title V of the Older Americans Act of 1965, as
amended, $441,253,000.
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during the current fiscal year of trade
adjustment benefit payments and allowances under part I and
section 246; and for training, allowances for job search and
relocation, and related State administrative expenses under
part II of chapter 2, title II of the Trade Act of 1974
(including the benefits and services described under sections
123(c)(2) and 151(b) and (c) of the Trade Adjustment Assistance
Reform Act of 2002, Public Law 107-210), $1,338,200,000,
together with such amounts as may be necessary to be charged to
the subsequent appropriation for payments for any period
subsequent to September 15 of the current year.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For authorized administrative expenses, $142,520,000,
together with not to exceed $3,466,861,000 (including not to
exceed $1,228,000 which may be used for amortization payments
to States which had independent retirement plans in their State
employment service agencies prior to 1980), which may be
expended from the Employment Security Administration Account in
the Unemployment Trust Fund including the cost of administering
section 51 of the Internal Revenue Code of 1986, as amended,
section 7(d) of the Wagner-Peyser Act, as amended, the Trade
Act of 1974, as amended, the Immigration Act of 1990, and the
Immigration and Nationality Act, as amended, and of which the
sums available in the allocation for activities authorized by
title III of the Social Security Act, as amended (42 U.S.C.
502-504), and the sums available in the allocation for
necessary administrative expenses for carrying out 5 U.S.C.
8501-8523, shall be available for obligation by the States
through December 31, 2004, except that funds used for
automation acquisitions shall be available for obligation by
the States through September 30, 2006; of which $142,520,000,
together with not to exceed $768,257,000 of the amount which
may be expended from said trust fund, shall be available for
obligation for the period July 1, 2004 through June 30, 2005,
to fund activities under the Act of June 6, 1933, as amended,
including the cost of penalty mail authorized under 39 U.S.C.
3202(a)(1)(E) made available to States in lieu of allotments
for such purpose: Provided, That to the extent that the Average
Weekly Insured Unemployment (AWIU) for fiscal year 2004 is
projected by the Department of Labor to exceed 3,227,000, an
additional $28,600,000 shall be available for obligation for
every 100,000 increase in the AWIU level (including a pro rata
amount for any increment less than 100,000) from the Employment
Security Administration Account of the Unemployment Trust Fund:
Provided further, That funds appropriated in this Act which are
used to establish a national one-stop career center system, or
which are used to support the national activities of the
Federal-State unemployment insurance or immigration programs,
may be obligated in contracts, grants or agreements with non-
State entities: Provided further, That funds appropriated under
this Act for activities authorized under the Wagner-Peyser Act,
as amended, and title III of the Social Security Act, may be
used by the States to fund integrated Employment Service and
Unemployment Insurance automation efforts, notwithstanding cost
allocation principles prescribed under Office of Management and
Budget Circular A-87.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security
Act, as amended, and to the Black Lung Disability Trust Fund as
authorized by section 9501(c)(1) of the Internal Revenue Code
of 1954, as amended; and for nonrepayable advances to the
Unemployment Trust Fund as authorized by section 8509 of title
5, United States Code, and to the ``Federal unemployment
benefits and allowances'' account, to remain available until
September 30, 2005, $467,000,000.
In addition, for making repayable advances to the Black
Lung Disability Trust Fund in the current fiscal year after
September 15, 2004, for costs incurred by the Black Lung
Disability Trust Fund in the current fiscal year, such sums as
may be necessary.
PROGRAM ADMINISTRATION
For expenses of administering employment and training
programs, $115,824,000, including $2,393,000 to administer
welfare-to-work grants, together with not to exceed
$57,820,000, which may be expended from the Employment Security
Administration Account in the Unemployment Trust Fund.
Employee Benefits Security Administration
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $124,962,000.
Pension Benefit Guaranty Corporation
PENSION BENEFIT GUARANTY CORPORATION FUND
The Pension Benefit Guaranty Corporation is authorized to
make such expenditures, including financial assistance
authorized by section 104 of Public Law 96-364, within limits
of funds and borrowing authority available to such Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended (31 U.S.C. 9104), as may be necessary in
carrying out the program, including associated administrative
expenses, through September 30, 2004 for such Corporation:
Provided, That none of the funds available to the Corporation
for fiscal year 2004 shall be available for obligations for
administrative expenses in excess of $228,772,000: Provided
further, That obligations in excess of such amount may be
incurred after approval by the Office of Management and Budget
and the Committees on Appropriations of the House and Senate.
Employment Standards Administration
SALARIES AND EXPENSES
For necessary expenses for the Employment Standards
Administration, including reimbursement to State, Federal, and
local agencies and their employees for inspection services
rendered, $392,872,000, together with $2,036,000 which may be
expended from the Special Fund in accordance with sections
39(c), 44(d) and 44(j) of the Longshore and Harbor Workers'
Compensation Act: Provided, That $1,250,000 shall be for the
development of an alternative system for the electronic
submission of reports required to be filed under the Labor-
Management Reporting and Disclosure Act of 1959, as amended,
and for a computer database of the information for each
submission by whatever means, that is indexed and easily
searchable by the public via the Internet: Provided further,
That the Secretary of Labor is authorized to accept, retain,
and spend, until expended, in the name of the Department of
Labor, all sums of money ordered to be paid to the Secretary of
Labor, in accordance with the terms of the Consent Judgment in
Civil Action No. 91-0027 of the United States District Court
for the District of the Northern Mariana Islands (May 21,
1992): Provided further, That the Secretary of Labor is
authorized to establish and, in accordance with 31 U.S.C. 3302,
collect and deposit in the Treasury fees for processing
applications and issuing certificates under sections 11(d) and
14 of the Fair Labor Standards Act of 1938, as amended (29
U.S.C. 211(d) and 214) and for processing applications and
issuing registrations under title I of the Migrant and Seasonal
Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by title 5, chapter 81 of the
United States Code; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal
Security Agency Appropriation Act, 1947; the Employees'
Compensation Commission Appropriation Act, 1944; sections 4(c)
and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 2012);
and 50 percent of the additional compensation and benefits
required by section 10(h) of the Longshore and Harbor Workers'
Compensation Act, as amended, $163,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year: Provided, That amounts appropriated may be used under
section 8104 of title 5, United States Code, by the Secretary
of Labor to reimburse an employer, who is not the employer at
the time of injury, for portions of the salary of a reemployed,
disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2003, shall remain
available until expended for the payment of compensation,
benefits, and expenses: Provided further, That in addition
there shall be transferred to this appropriation from the
Postal Service and from any other corporation or
instrumentality required under section 8147(c) of title 5,
United States Code, to pay an amount for its fair share of the
cost of administration, such sums as the Secretary determines
to be the cost of administration for employees of such fair
share entities through September 30, 2004: Provided further,
That of those funds transferred to this account from the fair
share entities to pay the cost of administration of the Federal
Employees' Compensation Act, $39,315,000 shall be made
available to the Secretary as follows: (1) for enhancement and
maintenance of automated data processing systems and
telecommunications systems, $11,618,000; (2) for automated
workload processing operations, including document imaging,
centralized mail intake and medical bill processing,
$14,496,000; (3) for periodic roll management and medical
review, $13,201,000; and (4) the remaining funds shall be paid
into the Treasury as miscellaneous receipts: Provided further,
That the Secretary may require that any person filing a notice
of injury or a claim for benefits under chapter 81 of title 5,
United States Code, or 33 U.S.C. 901 et seq., provide as part
of such notice and claim, such identifying information
(including Social Security account number) as such regulations
may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and
Health Act of 1977, as amended by Public Law 107-275, (the
``Act''), $300,000,000, to remain available until expended.
For making after July 31 of the current fiscal year,
benefit payments to individuals under title IV of the Act, for
costs incurred in the current fiscal year, such amounts as may
be necessary.
For making benefit payments under title IV for the first
quarter of fiscal year 2005, $88,000,000, to remain available
until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS
COMPENSATION FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Act, $55,074,000, to remain
available until expended: Provided, That the Secretary of Labor
is authorized to transfer to any executive agency with
authority under the Energy Employees Occupational Illness
Compensation Act, including within the Department of Labor,
such sums as may be necessary in fiscal year 2004 to carry out
those authorities: Provided further, That the Secretary may
require that any person filing a claim for benefits under the
Act provide as part of such claim, such identifying information
(including Social Security account number) as may be
prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
Beginning in fiscal year 2004 and thereafter, such sums as
may be necessary from the Black Lung Disability Trust Fund, to
remain available until expended, for payment of all benefits
authorized by section 9501(d)(1), (2), (4), and (7) of the
Internal Revenue Code of 1954, as amended; and interest on
advances, as authorized by section 9501(c)(2) of that Act. In
addition, the following amounts shall be available from the
Fund for fiscal year 2004 for expenses of operation and
administration of the Black Lung Benefits program, as
authorized by section 9501(d)(5): $32,004,000 for transfer to
the Employment Standards Administration, ``Salaries and
Expenses''; $23,401,000 for transfer to Departmental
Management, ``Salaries and Expenses''; $338,000 for transfer to
Departmental Management, ``Office of Inspector General''; and
$356,000 for payments into miscellaneous receipts for the
expenses of the Department of the Treasury.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and
Health Administration, $460,786,000, including not to exceed
$92,505,000 which shall be the maximum amount available for
grants to States under section 23(g) of the Occupational Safety
and Health Act (the ``Act''), which grants shall be no less
than 50 percent of the costs of State occupational safety and
health programs required to be incurred under plans approved by
the Secretary under section 18 of the Act; and, in addition,
notwithstanding 31 U.S.C. 3302, the Occupational Safety and
Health Administration may retain up to $750,000 per fiscal year
of training institute course tuition fees, otherwise authorized
by law to be collected, and may utilize such sums for
occupational safety and health training and education grants:
Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary
of Labor is authorized, during the fiscal year ending September
30, 2004, to collect and retain fees for services provided to
Nationally Recognized Testing Laboratories, and may utilize
such sums, in accordance with the provisions of 29 U.S.C. 9a,
to administer national and international laboratory recognition
programs that ensure the safety of equipment and products used
by workers in the workplace: Provided further, That none of the
funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any
standard, rule, regulation, or order under the Act which is
applicable to any person who is engaged in a farming operation
which does not maintain a temporary labor camp and employs 10
or fewer employees: Provided further, That no funds
appropriated under this paragraph shall be obligated or
expended to administer or enforce any standard, rule,
regulation, or order under the Act with respect to any employer
of 10 or fewer employees who is included within a category
having an occupational injury lost workday case rate, at the
most precise Standard Industrial Classification Code for which
such data are published, less than the national average rate as
such rates are most recently published by the Secretary, acting
through the Bureau of Labor Statistics, in accordance with
section 24 of that Act (29 U.S.C. 673), except--
(1) to provide, as authorized by such Act,
consultation, technical assistance, educational and
training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in
response to an employee complaint, to issue a citation
for violations found during such inspection, and to
assess a penalty for violations which are not corrected
within a reasonable abatement period and for any
willful violations found;
(3) to take any action authorized by such Act with
respect to imminent dangers;
(4) to take any action authorized by such Act with
respect to health hazards;
(5) to take any action authorized by such Act with
respect to a report of an employment accident which is
fatal to one or more employees or which results in
hospitalization of two or more employees, and to take
any action pursuant to such investigation authorized by
such Act; and
(6) to take any action authorized by such Act with
respect to complaints of discrimination against
employees for exercising rights under such Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does not
maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That not less than $3,200,000
shall be used to extend funding for the Institutional
Competency Building training grants which commenced in
September 2000, for program activities for the period of
September 30, 2003 to September 30, 2004, provided that a
grantee has demonstrated satisfactory performance.
Mine Safety and Health Administration
SALARIES AND EXPENSES
For necessary expenses for the Mine Safety and Health
Administration, $270,826,000, including purchase and bestowal
of certificates and trophies in connection with mine rescue and
first-aid work, and the hire of passenger motor vehicles,
including $100,000 for an award to the Stolar Research
Corporation to further develop and demonstrate electromagnetic
wave detection technology, and other purposes, in Allegheny
County, Pennsylvania; including $1,000,000 for an award to the
National Technology Transfer Center for a coal slurry
impoundment pilot project in southern West Virginia; including
up to $2,000,000 for mine rescue and recovery activities; in
addition, not to exceed $750,000 may be collected by the
National Mine Health and Safety Academy for room, board,
tuition, and the sale of training materials, otherwise
authorized by law to be collected, to be available for mine
safety and health education and training activities,
notwithstanding 31 U.S.C. 3302; and, in addition, the Mine
Safety and Health Administration may retain up to $1,000,000
from fees collected for the approval and certification of
equipment, materials, and explosives for use in mines, and may
utilize such sums for such activities; the Secretary is
authorized to accept lands, buildings, equipment, and other
contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or
private; the Mine Safety and Health Administration is
authorized to promote health and safety education and training
in the mining community through cooperative programs with
States, industry, and safety associations; and any funds
available to the department may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and
survival operations in the event of a major disaster.
Bureau of Labor Statistics
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and
local agencies and their employees for services rendered,
$447,088,000, together with not to exceed $75,110,000, which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund, of which $5,000,000 may
be used to fund the mass layoff statistics program under
section 15 of the Wagner-Peyser Act (29 U.S.C. 49l-2).
Office of Disability Employment Policy
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability
Employment Policy to provide leadership, develop policy and
initiatives, and award grants furthering the objective of
eliminating barriers to the training and employment of people
with disabilities, $47,333,000.
Departmental Management
SALARIES AND EXPENSES
For necessary expenses for Departmental Management,
including the hire of three sedans, and including the
management or operation, through contracts, grants or other
arrangements of Departmental activities conducted by or through
the Bureau of International Labor Affairs, including bilateral
and multilateral technical assistance and other international
labor activities, $48,565,000, for the acquisition of
Departmental information technology, architecture,
infrastructure, equipment, software and related needs which
will be allocated by the Department's Chief Information Officer
in accordance with the Department's capital investment
management process to assure a sound investment strategy;
$352,514,000; together with not to exceed $316,000, which may
be expended from the Employment Security Administration Account
in the Unemployment Trust Fund: Provided, That no funds made
available by this Act may be used by the Solicitor of Labor to
participate in a review in any United States court of appeals
of any decision made by the Benefits Review Board under section
21 of the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 921) where such participation is precluded by the
decision of the United States Supreme Court in Director, Office
of Workers' Compensation Programs v. Newport News Shipbuilding,
115 S. Ct. 1278 (1995), notwithstanding any provisions to the
contrary contained in Rule 15 of the Federal Rules of Appellate
Procedure: Provided further, That no funds made available by
this Act may be used by the Secretary of Labor to review a
decision under the Longshore and Harbor Workers' Compensation
Act (33 U.S.C. 901 et seq.) that has been appealed and that has
been pending before the Benefits Review Board for more than 12
months: Provided further, That any such decision pending a
review by the Benefits Review Board for more than 1 year shall
be considered affirmed by the Benefits Review Board on the 1-
year anniversary of the filing of the appeal, and shall be
considered the final order of the Board for purposes of
obtaining a review in the United States courts of appeals:
Provided further, That these provisions shall not be applicable
to the review or appeal of any decision issued under the Black
Lung Benefits Act (30 U.S.C. 901 et seq.): Provided further,
That of the funds provided under this heading, $150,000 shall
be for a grant to the International Center on Child Labor and
Education.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $193,443,000 may be derived from the
Employment Security Administration Account in the Unemployment
Trust Fund to carry out the provisions of 38 U.S.C. 4100-4110A,
4212, 4214, and 4321-4327, and Public Law 103-353, and which
shall be available for obligation by the States through
December 31, 2004, of which $2,000,000 is for the National
Veterans' Employment and Training Services Institute. To carry
out the Homeless Veterans Reintegration Programs (38 U.S.C.
2021) and the Veterans Workforce Investment Programs (29 U.S.C.
2913), $26,550,000 of which $7,550,000 shall be available for
obligation for the period July 1, 2004 through June 30, 2005.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector
General in carrying out the provisions of the Inspector General
Act of 1978, as amended, $60,094,000, together with not to
exceed $5,730,000, which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund.
WORKING CAPITAL FUND
For the acquisition of a new core accounting system for the
Department of Labor, including hardware and software
infrastructure and the costs associated with implementation
thereof, $13,850,000.
GENERAL PROVISIONS
Sec. 101. None of the funds appropriated in this title for
the Job Corps shall be used to pay the compensation of an
individual, either as direct costs or any proration as an
indirect cost, at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
Sec. 102. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
current fiscal year for the Department of Labor in this Act may
be transferred between appropriations, but no such
appropriation shall be increased by more than 3 percent by any
such transfer: Provided, That the Appropriations Committees of
both Houses of Congress are notified at least 15 days in
advance of any transfer.
Sec. 103. In accordance with Executive Order No. 13126,
none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the
procurement of goods mined, produced, manufactured, or
harvested or services rendered, whole or in part, by forced or
indentured child labor in industries and host countries already
identified by the United States Department of Labor prior to
enactment of this Act.
Sec. 104. There is authorized to be appropriated such sums
as may be necessary to the Denali Commission through the
Department of Labor to conduct job training of the local
workforce where Denali Commission projects will be constructed.
Sec. 105. Of the funds appropriated for fiscal year 1999
under section 403(a)(5)(H)(i)(II) of the Social Security Act
(42 U.S.C. 603(a)(5)(H)(i)(II)) that were allotted as welfare
to work formula grants to the States under section 403(a)(5)(A)
of such Act (42 U.S.C. 603(a)(5)(A)), there is hereby rescinded
any funds that are unexpended by the States as of the date of
enactment of this section, except for such funds as the
Secretary of Labor determines are necessary for States to carry
out administrative activities relating to the close out of such
grants. Notwithstanding section 403(a)(5) of the Social
Security Act (42 U.S.C. 603(a)(5)), the Secretary of Labor may
take such actions as the Secretary determines are appropriate
to facilitate the orderly and equitable close out of such
grants, consistent with the requirements of this section.
Sec. 106. (a) Findings.--Congress finds that--
(1) it is projected that the Department of Labor,
in conjunction with labor, industry, and the National
Institute for Occupational Safety and Health, will be
undertaking several months of testing on Personal Dust
Monitor production prototypes; and
(2) the testing of Personal Dust Monitor prototypes
is set to begin (by late May or early June of 2004)
following the scheduled delivery of the Personal Dust
Monitors in May 2004.
(b) Re-proposal of Rule.--Following the successful
demonstration of Personal Dust Monitor technology, and if the
Secretary of Labor makes a determination that Personal Dust
Monitors can be effectively applied in a regulatory scheme, the
Secretary of Labor shall re-propose a rule on respirable coal
dust which incorporates the use of Personal Dust Monitors, and,
if such rule is re-proposed, the Secretary shall comply with
the regular procedures applicable to Federal rulemaking.
Sec. 107. The Secretary of Labor shall transfer, without
charge or consideration, to Hamilton County, Ohio all rights,
title, and interest (including all federal equity) the United
States holds in the real property located at 1916 Central
Parkway, Cincinnati, Ohio to the extent such rights, title, or
interest were acquired through grants to the State of Ohio
under title III of the Social Security Act or the Wagner-Peyser
Act or acquired through funds distributed to the State of Ohio
under section 903 of the Social Security Act.
Sec. 108. Fair Labor Standards Act Woodworking Exemption.
Section 13(c) of the Fair Labor Standards Act of 1938 (29
U.S.C. 213(c)) is amended by adding at the end the following:
``(7)(A)(i) Subject to subparagraph (B), in the
administration and enforcement of the child labor provisions of
this Act, it shall not be considered oppressive child labor for
a new entrant into the workforce to be employed inside or
outside places of business where machinery is used to process
wood products.
``(ii) In this paragraph, the term `new entrant into the
workforce' means an individual who--
``(I) is under the age of 18 and at least the age
of 14, and
``(II) by statute or judicial order is exempt from
compulsory school attendance beyond the eighth grade.
``(B) The employment of a new entrant into the workforce
under subparagraph (A) shall be permitted--
``(i) if the entrant is supervised by an adult
relative of the entrant or is supervised by an adult
member of the same religious sect or division as the
entrant;
``(ii) if the entrant does not operate or assist in
the operation of power-driven woodworking machines;
``(iii) if the entrant is protected from wood
particles or other flying debris within the workplace
by a barrier appropriate to the potential hazard of
such wood particles or flying debris or by maintaining
a sufficient distance from machinery in operation; and
``(iv) if the entrant is required to use personal
protective equipment to prevent exposure to excessive
levels of noise and saw dust.''.
This title may be cited as the ``Department of Labor
Appropriations Act, 2004''.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
For carrying out titles II, III, IV, VII, VIII, X, XII,
XIX, and XXVI of the Public Health Service Act, section 427(a)
of the Federal Coal Mine Health and Safety Act, title V
(including section 510), and sections 1128E, 711 and 1820 of
the Social Security Act, the Health Care Quality Improvement
Act of 1986, as amended, the Native Hawaiian Health Care Act of
1988, as amended, the Cardiac Arrest Survival Act of 2000, and
the Poison Control Center Enhancement and Awareness Act,
$6,698,437,000, of which $367,563,000 shall be available for
construction and renovation (including equipment) of health
care and other facilities, abstinence education and related
services, and other health-related activities as specified in
the statement of the managers on the conference report
accompanying this Act, and of which $39,740,000 from general
revenues, notwithstanding section 1820(j) of the Social
Security Act, shall be available for carrying out the Medicare
rural hospital flexibility grants program under section 1820 of
such Act: Provided, That of the funds made available under this
heading, $250,000 shall be available until expended for
facilities renovations at the Gillis W. Long Hansen's Disease
Center: Provided further, That in addition to fees authorized
by section 427(b) of the Health Care Quality Improvement Act of
1986, fees shall be collected for the full disclosure of
information under the Act sufficient to recover the full costs
of operating the National Practitioner Data Bank, and shall
remain available until expended to carry out that Act: Provided
further, That fees collected for the full disclosure of
information under the ``Health Care Fraud and Abuse Data
Collection Program'', authorized by section 1128E(d)(2) of the
Social Security Act, shall be sufficient to recover the full
costs of operating the program, and shall remain available
until expended to carry out that Act: Provided further, That
$25,000,000 of the funding provided for community health
centers shall be used for base grant adjustments for existing
centers: Provided further, That no more than $4,850,000 is
available for carrying out the provisions of 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.
National Institutes of Health
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cancer, $4,770,519,000.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to cardiovascular, lung, and
blood diseases, and blood and blood products, $2,897,145,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to dental disease,
$385,796,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to diabetes and digestive and
kidney disease, $1,682,457,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to neurological disorders and
stroke, $1,510,776,000.
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
(INCLUDING TRANSFER OF FUNDS)
For carrying out section 301 and title IV of the Public
Health Service Act with respect to allergy and infectious
diseases, $4,335,155,000: Provided, That $150,000,000 may be
made available to International Assistance Programs, ``Global
Fund to Fight HIV/AIDS, Malaria, and Tuberculosis'', to remain
available until expended.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to general medical sciences,
$1,916,333,000.
NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the Public
Health Service Act with respect to child health and human
development, $1,250,585,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to eye diseases and visual
disorders, $657,199,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out sections 301 and 311 and title IV of the
Public Health Service Act with respect to environmental health
sciences, $636,974,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to aging, $1,031,311,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN DISEASES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to arthritis and
musculoskeletal and skin diseases, $504,300,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION DISORDERS
For carrying out section 301 and title IV of the Public
Health Service Act with respect to deafness and other
communication disorders, $384,477,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to nursing research,
$135,555,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the Public
Health Service Act with respect to alcohol abuse and
alcoholism, $431,471,000.
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to drug abuse, $997,414,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the Public
Health Service Act with respect to mental health,
$1,390,714,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to human genome research,
$482,222,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the Public
Health Service Act with respect to biomedical imaging and
bioengineering research, $288,900,000.
NATIONAL CENTER FOR RESEARCH RESOURCES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to research resources and
general research support grants, $1,186,183,000: Provided, That
none of these funds shall be used to pay recipients of the
general research support grants program any amount for indirect
expenses in connection with such grants: Provided further, That
$119,220,000 shall be for extramural facilities construction
grants.
NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to complementary and
alternative medicine, $117,752,000.
NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the Public
Health Service Act with respect to minority health and health
disparities research, $192,724,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities at the John E. Fogarty
International Center, $65,800,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the Public
Health Service Act with respect to health information
communications, $311,635,000, of which $4,000,000 shall be
available until expended for improvement of information
systems: Provided, That in fiscal year 2004, the Library may
enter into personal services contracts for the provision of
services in facilities owned, operated, or constructed under
the jurisdiction of the National Institutes of Health: Provided
further, That in addition to amounts provided herein,
$8,200,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
National Information Center on Health Services Research and
Health Care Technology and related health services.
OFFICE OF THE DIRECTOR
(INCLUDING TRANSFER OF FUNDS)
For carrying out the responsibilities of the Office of the
Director, National Institutes of Health, $329,707,000, of which
up to $7,500,000 shall be used to carry out section 221 of this
Act: Provided, That funding shall be available for the purchase
of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That the Director may direct up to 1
percent of the total amount made available in this or any other
Act to all National Institutes of Health appropriations to
activities the Director may so designate: Provided further,
That no such appropriation shall be decreased by more than 1
percent by any such transfers and that the Congress is promptly
notified of the transfer: Provided further, That the National
Institutes of Health is authorized to collect third party
payments for the cost of clinical services that are incurred in
National Institutes of Health research facilities and that such
payments shall be credited to the National Institutes of Health
Management Fund: Provided further, That all funds credited to
the National Institutes of Health Management Fund shall remain
available for 1 fiscal year after the fiscal year in which they
are deposited: Provided further, That up to $500,000 shall be
available to carry out section 499 of the Public Health Service
Act.
BUILDINGS AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For the study of, construction of, renovation of, and
acquisition of equipment for, facilities of or used by the
National Institutes of Health, including the acquisition of
real property, $89,500,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
single contracts or related contracts, which collectively
include the full scope of the project, may be employed for the
development and construction of the first and second phases of
the John Edward Porter Neuroscience Research Center: Provided
further, That the solicitations and contracts shall contain the
clause ``availability of funds'' found at 48 CFR 52.232-18.
Substance Abuse and Mental Health Services Administration
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES
For carrying out titles V and XIX of the Public Health
Service Act with respect to substance abuse and mental health
services, the Protection and Advocacy for Mentally Ill
Individuals Act of 1986, and section 301 of the Public Health
Service Act with respect to program management, $3,253,763,000:
Provided, That in addition to amounts provided herein,
$79,200,000 shall be available from amounts available under
section 241 of the Public Health Service Act to carry out
subpart II of title XIX of the Public Health Service Act to
fund section 1935(b) technical assistance, national data, data
collection and evaluation activities, and further that the
total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for
subpart II of title XIX: Provided further, That in addition to
the amounts provided herein, $21,850,000 shall be available
from amounts available under Section 241 of the Public Health
Service Act to carry out subpart I of Part B of title XIX of
the Public Health Service Act to fund section 1920(b) technical
assistance, data collection and program evaluation activities,
and further that the total available under this Act for section
1920(b) activities shall not exceed 5 percent of the amounts
appropriated for subpart I of Part B of title XIX: Provided
further, That in addition to amounts provided herein,
$16,000,000 shall be made available from amounts available
under section 241 of the Public Health Service Act to carry out
national surveys on drug abuse.
Agency for Healthcare Research and Quality
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the Public Health
Service Act, and part A of title XI of the Social Security Act,
amounts received from Freedom of Information Act fees,
reimbursable and interagency agreements, and the sale of data
shall be credited to this appropriation and shall remain
available until expended: Provided, That the amount made
available pursuant to section 927(c) of the Public Health
Service Act shall not exceed $303,695,000: Provided further,
That, of the funds made available under this heading,
$12,000,000 shall be for the conduct of research on the
comparative clinical effectiveness, cost-effectiveness, and
safety of drugs, biological products, and devices.
Centers for Medicare and Medicaid Services
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI
and XIX of the Social Security Act, $130,892,197,000, to remain
available until expended.
For making, after May 31, 2004, payments to States under
title XIX of the Social Security Act for the last quarter of
fiscal year 2004 for unanticipated costs, incurred for the
current fiscal year, such sums as may be necessary.
For making payments to States or in the case of section
1928 on behalf of States under title XIX of the Social Security
Act for the first quarter of fiscal year 2005, $58,416,275,000,
to remain available until expended.
Payment under title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such
quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds, as
provided under section 1844 of the Social Security Act,
sections 103(c) and 111(d) of the Social Security Amendments of
1965, section 278(d) of Public Law 97-248, and for
administrative expenses incurred pursuant to section 201(g) of
the Social Security Act, $95,084,100,000.
PROGRAM MANAGEMENT
For carrying out, except as otherwise provided, titles XI,
XVIII, XIX, and XXI of the Social Security Act, titles XIII and
XXVII of the Public Health Service Act, and the Clinical
Laboratory Improvement Amendments of 1988, not to exceed
$2,664,994,000, to be transferred from the Federal Hospital
Insurance and the Federal Supplementary Medical Insurance Trust
Funds, as authorized by section 201(g) of the Social Security
Act; together with all funds collected in accordance with
section 353 of the Public Health Service Act and section
1857(e)(2) of the Social Security Act, and such sums as may be
collected from authorized user fees and the sale of data, which
shall remain available until expended, and together with
administrative fees collected relative to Medicare overpayment
recovery activities, which shall remain available until
expended: Provided, That all funds derived in accordance with
31 U.S.C. 9701 from organizations established under title XIII
of the Public Health Service Act shall be credited to and
available for carrying out the purposes of this appropriation:
Provided further, That $30,000,000, to remain available until
September 30, 2005, is for contract costs for CMS's Systems
Revitalization Plan: Provided further, That $56,991,000, to
remain available until September 30, 2005, is for contract
costs for the Healthcare Integrated General Ledger Accounting
System: Provided further, That of the amounts made available
for research, demonstration and evaluation, $100,000 is
available for Advocate Health Care in Oak Brook, Illinois for
health education programs and services to the deaf and hard-of-
hearing, $1,750,000 is available for AIDS Healthcare Foundation
in Los Angeles for a demonstration of residential and
outpatient treatment facilities, $250,000 is available for
Berwick Hospital Center, Berwick, Pennsylvania for stabilizing
the workforce for patient care, $163,000 is available for
Bloomsburg Hospital, Bloomsburg, Pennsylvania for stabilizing
the workforce for patient care, $275,000 is available for
Cheyenne River Sioux Tribe in Eagle Butte, South Dakota to
establish a nursing home, $778,000 is available for Community
Medical Center, Scranton, Pennsylvania for stabilizing the
workforce for patient care, $150,000 is available for Cook
County (Illinois) Bureau of Health Services to improve the
management of vulnerable patients with poorly controlled
diabetes, $178,000 is available for Divine Providence Hospital,
Williamsport, Pennsylvania for stabilizing the workforce for
patient care, $267,000 is available for Geisinger Wyoming
Valley Medical Center, Wilkes-Barre, Pennsylvania for
stabilizing the workforce for patient care, $237,000 is
available for Hazleton General Hospital, Hazleton, Pennsylvania
for stabilizing the workforce for patient care, $25,000 is
available for Hope Worldwide, Philadelphia, Pennsylvania to
maintain clinical care for recovering drug and alcohol addicts,
$825,000 is available for Illinois Primary Health Care
Association for the Shared Integrated Management Information
System, Springfield, Illinois, $250,000 is available for James
S. Taylor Memorial Home, Louisville, Kentucky, $100,000 is
available for Jefferson Area Board for Aging, Charlottesville,
Virginia, for the Nursing Assistant Institute, $85,000 is
available for Jersey Shore Hospital, Jersey Shore, Pennsylvania
for stabilizing the workforce for patient care, $179,000 is
available for Marian Community Hospital, Carbondale,
Pennsylvania for stabilizing the workforce for patient care,
$200,000 is available for Medical Care for Children
Partnership, Fairfax, Virginia to provide outreach to increase
access to medical and dental care for children, $393,000 is
available for Mercy Health Partners, Scranton, Pennsylvania for
stabilizing the workforce for patient care, $571,000 is
available for Mercy Hospital, Wilkes-Barre, Pennsylvania for
stabilizing the workforce for patient care, $63,000 is
available for Mid-Valley Hospital, Peckville, Pennsylvania for
stabilizing the workforce for patient care, $510,000 is
available for Moses Taylor Hospital, Scranton, Pennsylvania for
stabilizing the workforce for patient care, $109,000 is
available for Muncy Valley Hospital, Muncy, Pennsylvania for
stabilizing the workforce for patient care, $225,000 is
available for Muskegon Community Health Project, Muskegon,
Michigan, for the Access Health program, $75,000 is available
for North Penn Visiting Nurse Association, Lansdale,
Pennsylvania to provide low-cost or free health care to
children who do not have health insurance, $122,000 is
available for Patient Advocate Foundation, Newport News,
Virginia to provide direct intervention assistance to patients
throughout the United States who are experiencing difficulty in
accessing quality health care services, $100,000 is available
for Rhode Island Hospital-Medical Simulation Center of
Providence, Rhode Island for the creation of a transportable
simulation-based training curriculum and validated human
performance measurement system, $256,000 is available for Saint
Joseph Medical Center, Hazleton, Pennsylvania for stabilizing
the workforce for patient care, $100,000 is available for Santa
Clara County, California, for its Children's Health Initiative
program to provide outreach and enrollment assistance for
families under 300 percent of federal poverty level, $664,000
is available for Sharon Regional Health System, Sharon,
Pennsylvania for stabilizing the workforce for patient care,
$25,000 is available for Sickle Cell Medical Treatment &
Education Center, St. Louis Children's Hospital, St. Louis,
Missouri, to improve the academic achievement of children with
Sickle Cell Disease with specific cognitive rehabilitation,
$111,000 is available for Tyler Memorial Hospital, Tunkhannock,
Pennsylvania for stabilizing the workforce for patient care,
$174,000 is available for United Community Hospital, Grove
City, Pennsylvania for stabilizing the workforce for patient
care, $503,000 is available for UPMC Horizon, Farrell,
Pennsylvania for stabilizing the workforce for patient care,
$613,000 is available for Williamsport Hospital & Medical
Center, Williamsport, Pennsylvania for stabilizing the
workforce for patient care, and $965,000 is available for
Wyoming Valley Health Care System, Wilkes-Barre, Pennsylvania
for stabilizing the workforce for patient care: Provided
further, That the Secretary of Health and Human Services is
directed to collect fees in fiscal year 2004 from
Medicare+Choice organizations pursuant to section 1857(e)(2) of
the Social Security Act and from eligible organizations with
risk-sharing contracts under section 1876 of that Act pursuant
to section 1876(k)(4)(D) of that Act: Provided further, that to
the extent Medicare claims processing unit costs are projected
by the Centers for Medicare & Medicaid Services to exceed $0.87
for Part A claims and/or $0.65 for Part B claims, up to an
additional $18,000,000 may be available for obligation for
every $0.04 increase in Medicare claims processing unit costs
from the Federal Hospital Insurance and the Federal
Supplementary Medical Insurance Trust Funds. The calculation of
projected unit costs shall be derived in the same manner in
which the estimated unit costs were calculated for the Federal
budget estimate for the fiscal year.
HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE FUND
For carrying out subsections (d) and (e) of section 1308 of
the Public Health Service Act, any amounts received by the
Secretary in connection with loans and loan guarantees under
title XIII of the Public Health Service Act, to be available
without fiscal year limitation for the payment of outstanding
obligations. During fiscal year 2004, no commitments for direct
loans or loan guarantees shall be made.
Administration for Children and Families
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND FAMILY SUPPORT
PROGRAMS
For making payments to States or other non-Federal entities
under titles I, IV-D, X, XI, XIV, and XVI of the Social
Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9),
$3,292,970,000, to remain available until expended; and for
such purposes for the first quarter of fiscal year 2005,
$1,200,000,000, to remain available until expended.
For making payments to each State for carrying out the
program of Aid to Families with Dependent Children under title
IV-A of the Social Security Act before the effective date of
the program of Temporary Assistance for Needy Families (TANF)
with respect to such State, such sums as may be necessary:
Provided, That the sum of the amounts available to a State with
respect to expenditures under such title IV-A in fiscal year
1997 under this appropriation and under such title IV-A as
amended by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 shall not exceed the limitations
under section 116(b) of such Act.
For making, after May 31 of the current fiscal year,
payments to States or other non-Federal entities under titles
I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
Act of July 5, 1960 (24 U.S.C. ch. 9), for the last 3 months of
the current fiscal year for unanticipated costs, incurred for
the current fiscal year, such sums as may be necessary.
LOW-INCOME HOME ENERGY ASSISTANCE
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $1,800,000,000.
For making payments under title XXVI of the Omnibus Budget
Reconciliation Act of 1981, $100,000,000, to remain available
until expended: Provided, That these funds are for the
unanticipated home energy assistance needs of one or more
States, as authorized by section 2604(e) of the Act, and
notwithstanding the designation requirement of section 2602(e).
REFUGEE AND ENTRANT ASSISTANCE
For necessary expenses for refugee and entrant assistance
activities authorized by title IV of the Immigration and
Nationality Act and section 501 of the Refugee Education
Assistance Act of 1980 (Public Law 96-422), for carrying out
section 462 of the Homeland Security Act of 2002 (Public Law
107-296), and for carrying out section 5 of the Torture Victims
Relief Act of 1998 (Public Law 105-320), $450,276,000, of which
up to $9,968,000 shall be available to carry out the
Trafficking Victims Protection Act of 2000 (Public Law 106-386;
division A): Provided, That funds appropriated under this
heading pursuant to section 414(a) of the Immigration and
Nationality Act for fiscal year 2004 shall be available for the
costs of assistance provided and other activities, to remain
available through September 30, 2006.
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT BLOCK GRANT
For carrying out sections 658A through 658R of the Omnibus
Budget Reconciliation Act of 1981 (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. 429(b)), such
amounts as may be required during the current fiscal year. The
following are definitions for the medical benefits of the
Public Health Service Commissioned Officers that apply to 10
U.S.C. chapter 56, section 1116(c). The source of funds for the
monthly accrual payments into the Department of Defense
Medicare-Eligible Retiree Health Care Fund shall be the
Retirement Pay and Medical Benefits for Commissioned Officers
account. For purposes of this Act, the term ``pay of members''
shall be construed to be synonymous with retirement payments to
United States Public Health Service officers who are retired
for age, disability, or length of service; payments to
survivors of deceased officers; medical care to active duty and
retired members and dependents and beneficiaries; and for
payments to the Social Security Administration for military
service credits; all of which payments are provided for by the
Retirement Pay and Medical Benefits for Commissioned Officers
account.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to
countering potential biological, disease and chemical threats
to civilian populations, $1,726,846,000: Provided, That this
amount is distributed as follows: Centers for Disease Control
and Prevention, $1,116,156,000; Office of the Secretary,
$64,820,000; and Health Resources and Services Administration,
$545,870,000: Provided further, That at the discretion of the
Secretary of Health and Human Services, these amounts may be
transferred between categories subject to normal reprogramming
procedures: Provided further, That employees of the Centers for
Disease Control and Prevention or the Public Health Service,
both civilian and Commissioned Officers, detailed to States,
municipalities, or other organizations under authority of
section 214 of the Public Health Service Act for purposes
related to homeland security, shall be treated as non-Federal
employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service,
or the Department of Health and Human Services during the
period of detail or assignment.
In addition, for activities to ensure a year-round
influenza vaccine production capacity and the development and
implementation of rapidly expandable influenza vaccine
production technologies, $50,000,000, to remain available until
expended.
GENERAL PROVISIONS
Sec. 201. Funds appropriated in this title shall be
available for not to exceed $50,000 for official reception and
representation expenses when specifically approved by the
Secretary.
Sec. 202. The Secretary shall make available through
assignment not more than 60 employees of the Public Health
Service to assist in child survival activities and to work in
AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International
Children's Emergency Fund or the World Health Organization.
Sec. 203. None of the funds appropriated under this Act may
be used to implement section 399F(b) of the Public Health
Service Act or section 1503 of the National Institutes of
Health Revitalization Act of 1993, Public Law 103-43.
Sec. 204. None of the funds appropriated in this Act for
the National Institutes of Health, the Agency for Healthcare
Research and Quality, and the Substance Abuse and Mental Health
Services Administration shall be used to pay the salary of an
individual, through a grant or other extramural mechanism, at a
rate in excess of Executive Level I.
Sec. 205. None of the funds appropriated in this Act may be
expended pursuant to section 241 of the Public Health Service
Act, except for funds specifically provided for in this Act, or
for other taps and assessments made by any office located in
the Department of Health and Human Services, prior to the
Secretary's preparation and submission of a report to the
Committee on Appropriations of the Senate and of the House
detailing the planned uses of such funds.
Sec. 206. Notwithstanding section 241(a) of the Public
Health Service Act, such portion as the Secretary shall
determine, but not more than 2.2 percent, of any amounts
appropriated for programs authorized under said Act shall be
made available for the evaluation (directly, or by grants or
contracts) of the implementation and effectiveness of such
programs.
(TRANSFER OF FUNDS)
Sec. 207. Not to exceed 1 percent of any discretionary
funds (pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended) which are appropriated for the
current fiscal year for the Department of Health and Human
Services in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3
percent by any such transfer: Provided, That an appropriation
may be increased by up to an additional 2 percent subject to
approval by the House and Senate Committees on Appropriations:
Provided further, That the Appropriations Committees of both
Houses of Congress are notified at least 15 days in advance of
any transfer.
Sec. 208. The Director of the National Institutes of
Health, jointly with the Director of the Office of AIDS
Research, may transfer up to 3 percent among institutes,
centers, and divisions from the total amounts identified by
these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Congress is
promptly notified of the transfer.
Sec. 209. Of the amounts made available in this Act for the
National Institutes of Health, the amount for research related
to the human immunodeficiency virus, as jointly determined by
the Director of the National Institutes of Health and the
Director of the Office of AIDS Research, shall be made
available to the ``Office of AIDS Research'' account. The
Director of the Office of AIDS Research shall transfer from
such account amounts necessary to carry out section 2353(d)(3)
of the Public Health Service Act.
Sec. 210. None of the funds appropriated in this Act may be
made available to any entity under title X of the Public Health
Service Act unless the applicant for the award certifies to the
Secretary that it encourages family participation in the
decision of minors to seek family planning services and that it
provides counseling to minors on how to resist attempts to
coerce minors into engaging in sexual activities.
Sec. 211. None of the funds appropriated by this Act
(including funds appropriated to any trust fund) may be used to
carry out the Medicare+Choice program if the Secretary denies
participation in such program to an otherwise eligible entity
(including a Provider Sponsored Organization) because the
entity informs the Secretary that it will not provide, pay for,
provide coverage of, or provide referrals for abortions:
Provided, That the Secretary shall make appropriate prospective
adjustments to the capitation payment to such an entity (based
on an actuarially sound estimate of the expected costs of
providing the service to such entity's enrollees): Provided
further, That nothing in this section shall be construed to
change the Medicare program's coverage for such services and a
Medicare+Choice organization described in this section shall be
responsible for informing enrollees where to obtain information
about all Medicare covered services.
Sec. 212. Notwithstanding any other provision of law, no
provider of services under title X of the Public Health Service
Act shall be exempt from any State law requiring notification
or the reporting of child abuse, child molestation, sexual
abuse, rape, or incest.
Sec. 213. The Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1990 (Public Law 101-167)
is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking
``1997, 1998, 1999, 2000, 2001, 2002, and
2003'' and inserting ``1997, 1998, 1999, 2000,
2001, 2002, 2003, and 2004''; and
(B) in subsection (e), by striking
``October 1, 2003'' each place it appears and
inserting ``October 1, 2004'';
(C) in subsection (b)(1)--
(i) in subparagraph (A), by
striking ``and'' at the end;
(ii) in subparagraph (B), by
striking the period and inserting ``;
and''; and
(iii) by adding at the end the
following:
``(C) one or more categories of aliens who are or
were nationals and residents of the Islamic Republic or
Iran who, as members of a religious minority in Iran,
share common characteristics that identify them as
targets of persecution in that state on account of
race, religion, nationality, membership in a particular
social group, or political opinion.''; and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``September 30, 2003''
and inserting ``September 30, 2004''.
Sec. 214. (a) Except as provided by subsection (e) none of
the funds appropriated by this Act may be used to withhold
substance abuse funding from a State pursuant to section 1926
of the Public Health Service Act (42 U.S.C. 300x-26) if such
State certifies to the Secretary of Health and Human Services
by May 1, 2004 that the State will commit additional State
funds, in accordance with subsection (b), to ensure compliance
with State laws prohibiting the sale of tobacco products to
individuals under 18 years of age.
(b) The amount of funds to be committed by a State under
subsection (a) shall be equal to 1 percent of such State's
substance abuse block grant allocation for each percentage
point by which the State misses the retailer compliance rate
goal established by the Secretary of Health and Human Services
under section 1926 of such Act.
(c) The State is to maintain State expenditures in fiscal
year 2004 for tobacco prevention programs and for compliance
activities at a level that is not less than the level of such
expenditures maintained by the State for fiscal year 2003, and
adding to that level the additional funds for tobacco
compliance activities required under subsection (a). The State
is to submit a report to the Secretary on all fiscal year 2003
State expenditures and all fiscal year 2004 obligations for
tobacco prevention and compliance activities by program
activity by July 31, 2004.
(d) The Secretary shall exercise discretion in enforcing
the timing of the State obligation of the additional funds
required by the certification described in subsection (a) as
late as July 31, 2004.
(e) None of the funds appropriated by this Act may be used
to withhold substance abuse funding pursuant to section 1926
from a territory that receives less than $1,000,000.
Sec. 215. In order for the Centers for Disease Control and
Prevention to carry out international health activities,
including HIV/AIDS and other infectious disease, chronic and
environmental disease, and other health activities abroad
during fiscal year 2004, the Secretary of Health and Human
Services--
(1) may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of
the State Department Basic Authorities Act of 1956 (22
U.S.C. 2669(c)). The Secretary of Health and Human
Services shall consult with the Secretary of State and
relevant Chief of Mission to ensure that the authority
provided in this section is exercised in a manner
consistent with section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927) and other applicable statutes
administered by the Department of State, and
(2) is authorized to provide such funds by advance
or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease,
alteration, renovation, and management of facilities
outside of the United States for the use of the
Department of Health and Human Services. The Department
of State shall cooperate fully with the Secretary of
Health and Human Services to ensure that the Department
of Health and Human Services has secure, safe,
functional facilities that comply with applicable
regulation governing location, setback, and other
facilities requirements and serve the purposes
established by this Act. The Secretary of Health and
Human Services is authorized, in consultation with the
Secretary of State, through grant or cooperative
agreement, to make available to public or nonprofit
private institutions or agencies in participating
foreign countries, funds to acquire, lease, alter, or
renovate facilities in those countries as necessary to
conduct programs of assistance for international health
activities, including activities relating to HIV/AIDS
and other infectious diseases, chronic and
environmental diseases, and other health activities
abroad.
Sec. 216. The Division of Federal Occupational Health may
utilize personal services contracting to employ professional
management/administrative and occupational health
professionals.
Sec. 217. Notwithstanding section 409B(c) of the Public
Health Service Act regarding a limitation on the number of such
grants, funds appropriated in this Act and Acts in fiscal years
thereafter may be expended by the Director of the National
Institutes of Health to award Core Center Grants to encourage
the development of innovative multidisciplinary research and
provide training concerning Parkinson's disease. Each center
funded under such grants shall be designated as a Morris K.
Udall Center for Research on Parkinson's Disease.
Sec. 218. Not later than 90 days after the date of
enactment of this Act, the Director of the National Institutes
of Health shall submit to the appropriate committees of
Congress a report that shall--
(1) contain the recommendations of the Director
concerning the role of the National Institutes of
Health in promoting the affordability of inventions and
products developed with Federal funds; and
(2) specify whether any circumstances exist to
prevent the Director from promoting the affordability
of inventions and products developed with Federal
funds.
Sec. 219. Notwithstanding any other provisions of law,
funds made available under this heading may be used to continue
operating the Council on Graduate Medical Education established
by section 301 of Public Law 102-408.
Sec. 220. Designation of Senator Paul D. Wellstone NIH
MDCRC Program. (a) Findings.--Congress finds the following:
(1) On December 18, 2001, Public Law 107-84,
otherwise known as the Muscular Dystrophy Community
Assistance, Research and Education Amendments of 2001,
or the MD CARE Act, was signed into law to provide for
research and education with respect to various forms of
muscular dystrophy, including Duchenne, Becker, limb
girdle, congenital, facioscapulohumeral, myotonic,
oculopharyngeal, distal, and EmeryDreifuss muscular
dystrophies.
(2) In response to the MD CARE Act of 2001, in
September 2002, the National Institutes of Health (NIH)
announced its intention to establish the Muscular
Dystrophy Cooperative Research Centers (MDCRC) program.
(3) Senator Paul D. Wellstone was a driving force
behind enactment of the MD CARE Act, which led to the
establishment of the MDCRC program.
(b) Designation.--The NIH Muscular Dystrophy Cooperative
Research Centers (MDCRC) program shall be known and designated
as the ``Senator Paul D. Wellstone Muscular Dystrophy
Cooperative Research Centers'', in honor of Senator Paul D.
Wellstone who was deceased on October 25, 2002.
(c) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
NIH program of Muscular Dystrophy Cooperative Research Centers
shall be deemed to be a reference to the ``Senator Paul D.
Wellstone Muscular Dystrophy Cooperative Research Centers.
Sec. 221. (a) Authority.--Notwithstanding any other
provision of law, the Director of the National Institutes of
Health may use funds available under section 402(i) of the
Public Health Service Act (42 U.S.C. 282(i)) to enter into
transactions (other than contracts, cooperative agreements, or
grants) to carry out research in support of the NIH Roadmap
Initiative of the Director.
(b) Peer Review.--In entering into transactions under
subsection (a), the Director of the National Institutes of
Health may utilize such peer review procedures (including
consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to
such transactions in lieu of the peer review and advisory
council review procedures that would otherwise be required
under sections 301(a)(3), 405(b)(1)(B), 405(b)(2),
406(a)(3)(A), 492, and 494 of the Public Health Service Act (42
U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and
289c).
Sec. 222. Section 307(c) of the Denali Commission Act of
1998 (42 U.S.C. 3121 note) is amended by striking ``is
authorized to make grants'' and inserting ``is authorized to
make interagency transfers''.
This title may be cited as the ``Department of Health and
Human Services Appropriations Act, 2004''.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I of the Elementary and Secondary
Education Act of 1965 (``ESEA'') and section 418A of the Higher
Education Act of 1965, $14,528,522,000, of which $6,983,169,000
shall become available on July 1, 2004, and shall remain
available through September 30, 2005, and of which
$7,383,301,000 shall become available on October 1, 2004, and
shall remain available through September 30, 2005, for academic
year 2004-2005: Provided, That $7,107,283,000 shall be
available for basic grants under section 1124: Provided
further, That up to $3,500,000 of these funds shall be
available to the Secretary of Education on October 1, 2003, to
obtain annually updated educational-agency-level census poverty
data from the Bureau of the Census: Provided further, That
$1,365,031,000 shall be available for concentration grants
under section 1124A: Provided further, That $1,969,843,000
shall be available for targeted grants under section 1125:
Provided further, That $1,969,843,000 shall be available for
education finance incentive grants under section 1125A:
Provided further, That $235,000,000 shall be available for
comprehensive school reform grants under part F of the ESEA:
Provided further, That from the $8,842,000 available to carry
out part E of title I, up to $1,000,000 shall be available to
the Secretary of Education to provide technical assistance to
state and local educational agencies concerning part A of title
I.
Impact Aid
For carrying out programs of financial assistance to
federally affected schools authorized by title VIII of the
Elementary and Secondary Education Act of 1965, $1,236,824,000,
of which $1,070,000,000 shall be for basic support payments
under section 8003(b), $50,668,000 shall be for payments for
children with disabilities under section 8003(d), $46,208,000
shall be for construction under section 8007 and shall remain
available through September 30, 2005, $62,000,000 shall be for
Federal property payments under section 8002, and $7,948,000,
to remain available until expended, shall be for facilities
maintenance under section 8008: Provided, That $1,500,000 of
the funds for section 8007 shall be available for the local
educational agencies and in the amounts specified in the
statement of the managers on the conference report accompanying
this Act: Provided further, That, notwithstanding any other
provision of law, these funds shall remain available until
expended.
School Improvement Programs
For carrying out school improvement activities authorized
by titles II, part B of title IV, part A and subparts 6 and 9
of part D of title V, parts A and B of title VI, and parts B
and C of title VII of the Elementary and Secondary Education
Act of 1965 (``ESEA''); the McKinney-Vento Homeless Assistance
Act; and the Civil Rights Act of 1964, $5,834,208,000, of which
$4,282,199,000 shall become available on July 1, 2004, and
remain available through September 30, 2005, and of which
$1,435,000,000 shall become available on October 1, 2004, and
shall remain available through September 30, 2005, for academic
year 2004-2005: Provided, That funds made available to carry
out part B of title VII of the ESEA may be used for
construction, renovation and modernization of any elementary
school, secondary school, or structure related to an elementary
school or secondary school, run by the Department of Education
of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That from the funds
referred to in the preceding proviso, not less than $1,000,000
shall be for a grant to the Department of Education of the
State of Hawaii for the activities described in such proviso:
Provided further, That funds made available to carry out part C
of title VII of the ESEA may be used for construction: Provided
further, That $391,600,000 shall be for subpart 1 of part A of
title VI of the ESEA: Provided further, That $27,821,000 shall
be available to carry out part D of title V of the ESEA:
Provided further, That no funds appropriated under this heading
may be used to carry out section 5494 under the ESEA.
Indian Education
For expenses necessary to carry out, to the extent not
otherwise provided, title VII, part A of the Elementary and
Secondary Education Act of 1965, $121,573,000.
Innovation and Improvement
For carrying out activities authorized by parts G and H of
title I, subpart 5 of part A and parts C and D of title II,
parts B, C, and D of title V, and section 1504 of the
Elementary and Secondary Education Act of 1965 (``ESEA''),
$1,106,811,000: Provided, That $74,513,000 for continuing and
new grants to demonstrate effective approaches to comprehensive
school reform shall become available on July 1, 2004, and
remain available through September 30, 2005, and shall be
allocated and expended in the same manner as the funds provided
under the Fund for the Improvement of Education for this
purpose were allocated and expended in fiscal year 2003:
Provided further, That $18,500,000 shall be available to carry
out section 2151(c) of the ESEA, of which not less than
$10,000,000 shall be provided to the National Board for
Professional Teaching Standards, not less than $7,000,000 shall
be provided to the National Council on Teacher Quality, and up
to $1,500,000 may be reserved by the Secretary to conduct an
evaluation of activities authorized by such section: Provided
further, That $430,463,000 shall be available to carry out part
D of title V of the ESEA: Provided further, That $177,271,000
of the funds for subpart 1, part D of title V of the ESEA shall
be available for the projects and in the amounts specified in
the statement of the managers on the conference report
accompanying this Act.
Safe Schools and Citizenship Education
For carrying out activities authorized by subpart 3 of part
C of title II, part A of title IV, and subparts 2, 3 and 10 of
part D of title V of the Elementary and Secondary Education Act
of 1965 (``ESEA''), title VIII-D of the Higher Education
Amendments of 1998, and Public Law 102-73, $862,813,000, of
which $470,483,000 shall become available on July 1, 2004 and
remain available through September 30, 2005: Provided, That of
the amount available for subpart 2 of part A of title IV of the
ESEA, $850,000 shall be used to continue the National
Recognition Awards program under the same guidelines outlined
by section 120(f) of Public Law 105-244: Provided further, That
$445,483,000 shall be available for subpart 1 of part A of
title IV and $234,680,000 shall be available for subpart 2 of
part A of title IV: Provided further, That $128,838,000 shall
be available to carry out part D of title V of the ESEA:
Provided further, That of the funds available to carry out
subpart 3 of part C of title II, up to $11,922,000 may be used
to carry out section 2345 and $2,980,000 shall be used by the
Center for Civic Education to implement a comprehensive program
to improve public knowledge, understanding, and support of the
Congress and the state legislatures: Provided further, That
$25,000,000 shall be for Youth Offender Grants, of which
$5,000,000 shall be used in accordance with section 601 of
Public Law 102-73 as that section was in effect prior to
enactment of Public Law 105-220.
English Language Acquisition
For carrying out part A of title III of the ESEA,
$685,258,000, of which $560,301,000 shall become available on
July 1, 2004, and shall remain available through September 30,
2005: Provided, That notwithstanding section 3111(c)(4)(B)(ii),
the Secretary may, in determining the allotments under section
3111(c)(3), use the same Census data for the number of limited
English proficient children and youth used for the previous
year's allotments under section 3111(c)(3) and the most recent
data collected from States for the number of immigrant children
and youth that is acceptable to the Secretary: Provided
further, That funds reserved under section 3111(c)(1)(D) of the
ESEA that are not used in accordance with section 3111(c)(2)
may be added to the funds that are available July 1, 2004
through September 30, 2005 for State allotments under section
3111(c)(3).
Special Education
For carrying out the Individuals with Disabilities
Education Act, $11,307,072,000, of which $5,604,762,000 shall
become available for obligation on July 1, 2004, and shall
remain available through September 30, 2005, and of which
$5,413,000,000 shall become available on October 1, 2004, and
shall remain available through September 30, 2005, for academic
year 2004-2005: Provided, That $11,400,000 shall be for
Recording for the Blind and Dyslexic to support the
development, production, and circulation of recorded
educational materials: Provided further, That $1,500,000 shall
be for the recipient of funds provided by Public Law 105-78
under section 687(b)(2)(G) of the Act to provide information on
diagnosis, intervention, and teaching strategies for children
with disabilities: Provided further, That the amount for
section 611(c) of the Act shall be equal to the amount
available for that section during fiscal year 2003, increased
by the amount of inflation as specified in section
611(f)(1)(B)(ii) of the Act: Provided further, That $6,879,000
of the funds for section 672 of the Act shall be available for
the projects and in the amounts specified in the statement of
the managers of the conference report accompanying this Act.
Rehabilitation Services and Disability Research
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Assistive Technology Act of
1998, and the Helen Keller National Center Act, $3,013,305,000,
of which $1,000,000 shall be awarded to the American Academy of
Orthotists and Prosthetists for activities that further the
purposes of the grant received by the Academy for the period
beginning October 1, 2003, including activities to meet the
demand for orthotic and prosthetic provider services and
improve patient care: Provided, That the funds provided for
title I of the Assistive Technology Act of 1998 (``the AT
Act'') shall be allocated notwithstanding section 105(b)(1) of
the AT Act: Provided further, That section 101(f) of the AT Act
shall not limit the award of an extension grant to 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 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 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 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,
$400,000 shall be awarded to the University of Idaho for
digital archiving and preservation of historically significant
American music and facilitating its access to students and
scholars nationwide, $500,000 shall be awarded to the Vietnam
Archives Center at Texas Tech University, Lubbock, Texas, for
technology infrastructure, $250,000 shall be awarded to the
Virginia Historical Society, Richmond, Virginia, to assist with
educational programmatic development and for cataloging and
archiving of business history records, $100,000 shall be
awarded to the Virginia Living Museum for the expansion of its
educational programs in its capital campaign project, $100,000
shall be awarded to the Westminster College Library, New
Willmington, Pennsylvania for technology upgrades and computers
and community programming, $600,000 shall be awarded to the
WWII Victory Memorial Museum, Auburn, Indiana, for interpretive
dioramas, education, research library and visual documentary,
and $100,000 shall be awarded to the Zimmer Children's Museum,
Los Angeles, California to expand the youTHink education
program.
Medicare Payment Advisory Commission
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the
Social Security Act, $9,300,000, to be transferred to this
appropriation from the Federal Hospital Insurance and the
Federal Supplementary Medical Insurance Trust Funds.
National Commission on Libraries and Information Science
SALARIES AND EXPENSES
For necessary expenses for the National Commission on
Libraries and Information Science, established by the Act of
July 20, 1970 (Public Law 91-345, as amended), $1,000,000.
National Council on Disability
SALARIES AND EXPENSES
For expenses necessary for the National Council on
Disability as authorized by title IV of the Rehabilitation Act
of 1973, as amended, $3,039,000.
National Labor Relations Board
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations
Board to carry out the functions vested in it by the Labor-
Management Relations Act, 1947, as amended (29 U.S.C. 141-167),
and other laws, $244,073,000: Provided, That no part of this
appropriation shall be available to organize or assist in
organizing agricultural laborers or used in connection with
investigations, hearings, directives, or orders concerning
bargaining units composed of agricultural laborers as referred
to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
and as amended by the Labor-Management Relations Act, 1947, as
amended, and as defined in section 3(f) of the Act of June 25,
1938 (29 U.S.C. 203), and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the
water stored or supplied thereby is used for farming purposes.
National Mediation Board
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the
Railway Labor Act, as amended (45 U.S.C. 151-188), including
emergency boards appointed by the President, $11,421,000.
Occupational Safety and Health Review Commission
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and
Health Review Commission (29 U.S.C. 661), $9,863,000.
Railroad Retirement Board
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account,
authorized under section 15(d) of the Railroad Retirement Act
of 1974, $119,000,000, which shall include amounts becoming
available in fiscal year 2004 pursuant to section 224(c)(1)(B)
of Public Law 98-76; and in addition, an amount, not to exceed
2 percent of the amount provided herein, shall be available
proportional to the amount by which the product of recipients
and the average benefit received exceeds $119,000,000:
Provided, That the total amount provided herein shall be
credited in 12 approximately equal amounts on the first day of
each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain
available through September 30, 2005, which shall be the
maximum amount available for payment pursuant to section 417 of
Public Law 98-76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board
for administration of the Railroad Retirement Act and the
Railroad Unemployment Insurance Act, $101,300,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the
railroad unemployment insurance administration fund.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized
by the Inspector General Act of 1978, as amended, not more than
$6,600,000, to be derived from the railroad retirement accounts
and railroad unemployment insurance account: Provided, That
none of the funds made available in any other paragraph of this
Act may be transferred to the Office; used to carry out any
such transfer; used to provide any office space, equipment,
office supplies, communications facilities or services,
maintenance services, or administrative services for the
Office; used to pay any salary, benefit, or award for any
personnel of the Office; used to pay any other operating
expense of the Office; or used to reimburse the Office for any
service provided, or expense incurred, by the Office.
Social Security Administration
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
and the Federal Disability Insurance trust funds, as provided
under sections 201(m), 228(g), and 1131(b)(2) of the Social
Security Act, $21,658,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security
Act, section 401 of Public Law 92-603, section 212 of Public
Law 93-66, as amended, and section 405 of Public Law 95-216,
including payment to the Social Security trust funds for
administrative expenses incurred pursuant to section 201(g)(1)
of the Social Security Act, $26,229,300,000, to remain
available until expended: Provided, That any portion of the
funds provided to a State in the current fiscal year and not
obligated by the State during that year shall be returned to
the Treasury.
For making, after June 15 of the current fiscal year,
benefit payments to individuals under title XVI of the Social
Security Act, for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2005,
$12,590,000,000, to remain available until expended.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $15,000 for official
reception and representation expenses, not more than
$8,241,800,000 may be expended, as authorized by section
201(g)(1) of the Social Security Act, from any one or all of
the trust funds referred to therein: Provided, That not less
than $1,800,000 shall be for the Social Security Advisory
Board: Provided further, That unobligated balances of funds
provided under this paragraph at the end of fiscal year 2004
not needed for fiscal year 2004 shall remain available until
expended to invest in the Social Security Administration
information technology and telecommunications hardware and
software infrastructure, including related equipment and non-
payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure:
Provided further, That reimbursement to the trust funds under
this heading for expenditures for official time for employees
of the Social Security Administration pursuant to section 7131
of title 5, United States Code, and for facilities or support
services for labor organizations pursuant to policies,
regulations, or procedures referred to in section 7135(b) of
such title shall be made by the Secretary of the Treasury, with
interest, from amounts in the general fund not otherwise
appropriated, as soon as possible after such expenditures are
made.
In addition, $120,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected
pursuant to section 1616(d) of the Social Security Act or
section 212(b)(3) of Public Law 93-66, which shall remain
available until expended. To the extent that the amounts
collected pursuant to such section 1616(d) or 212(b)(3) in
fiscal year 2004 exceed $120,000,000, the amounts shall be
available in fiscal year 2005 only to the extent provided in
advance in appropriations Acts.
From funds previously appropriated for this purpose, any
unobligated balances at the end of fiscal year 2003 shall be
available to continue Federal-State partnerships which will
evaluate means to promote Medicare buy-in programs targeted to
elderly and disabled individuals under titles XVIII and XIX of
the Social Security Act.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $24,500,000, together with not to exceed
$63,700,000, to be transferred and expended as authorized by
section 201(g)(1) of the Social Security Act from the Federal
Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the
``Limitation on Administrative Expenses'', Social Security
Administration, to be merged with this account, to be available
for the time and purposes for which this account is available:
Provided, That notice of such transfers shall be transmitted
promptly to the Committees on Appropriations of the House and
Senate.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $17,200,000.
TITLE V--GENERAL PROVISIONS
Sec. 501. The Secretaries of Labor, Health and Human
Services, and Education are authorized to transfer unexpended
balances of prior appropriations to accounts corresponding to
current appropriations provided in this Act: Provided, That
such transferred balances are used for the same purpose, and
for the same periods of time, for which they were originally
appropriated.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. (a) No part of any appropriation contained in
this Act shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or
propaganda purposes, for the preparation, distribution, or use
of any kit, pamphlet, booklet, publication, radio, television,
or video presentation designed to support or defeat legislation
pending before the Congress or any State legislature, except in
presentation to the Congress or any State legislature itself.
(b) No part of any appropriation contained in this Act
shall be used to pay the salary or expenses of any grant or
contract recipient, or agent acting for such recipient, related
to any activity designed to influence legislation or
appropriations pending before the Congress or any State
legislature.
Sec. 504. The Secretaries of Labor and Education are
authorized to make available not to exceed $28,000 and $20,000,
respectively, from funds available for salaries and expenses
under titles I and III, respectively, for official reception
and representation expenses; the Director of the Federal
Mediation and Conciliation Service is authorized to make
available for official reception and representation expenses
not to exceed $5,000 from the funds available for ``Salaries
and expenses, Federal Mediation and Conciliation Service''; and
the Chairman of the National Mediation Board is authorized to
make available for official reception and representation
expenses not to exceed $5,000 from funds available for
``Salaries and expenses, National Mediation Board''.
Sec. 505. Notwithstanding any other provision of this Act,
no funds appropriated under this Act shall be used to carry out
any program of distributing sterile needles or syringes for the
hypodermic injection of any illegal drug.
Sec. 506. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
(c) If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a
``Made in America'' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections
9.400 through 9.409 of title 48, Code of Federal Regulations.
Sec. 507. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this
Act, including but not limited to State and local governments
and recipients of Federal research grants, shall clearly state:
(1) the percentage of the total costs of the program or project
which will be financed with Federal money; (2) the dollar
amount of Federal funds for the project or program; and (3)
percentage and dollar amount of the total costs of the project
or program that will be financed by non-governmental sources.
Sec. 508. (a) None of the funds appropriated under this
Act, and none of the funds in any trust fund to which funds are
appropriated under this Act, shall be expended for any
abortion.
(b) None of the funds appropriated under this Act, and none
of the funds in any trust fund to which funds are appropriated
under this Act, shall be expended for health benefits coverage
that includes coverage of abortion.
(c) The term ``health benefits coverage'' means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
Sec. 509. (a) The limitations established in the preceding
section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of
rape or incest; or
(2) in the case where a woman suffers from a
physical disorder, physical injury, or physical
illness, including a life-endangering physical
condition caused by or arising from the pregnancy
itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or
private person of State, local, or private funds (other than a
State's or locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from
offering abortion coverage or the ability of a State or
locality to contract separately with such a provider for such
coverage with State funds (other than a State's or locality's
contribution of Medicaid matching funds).
Sec. 510. (a) None of the funds made available in this Act
may be used for--
(1) the creation of a human embryo or embryos for
research purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of
injury or death greater than that allowed for research
on fetuses in utero under 45 CFR 46.208(a)(2) and
section 498(b) of the Public Health Service Act (42
U.S.C. 289g(b)).
(b) For purposes of this section, the term ``human embryo
or embryos'' includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis,
cloning, or any other means from one or more human gametes or
human diploid cells.
Sec. 511. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the
schedules of controlled substances established by section 202
of the Controlled Substances Act (21 U.S.C. 812).
(b) The limitation in subsection (a) shall not apply when
there is significant medical evidence of a therapeutic
advantage to the use of such drug or other substance or that
federally sponsored clinical trials are being conducted to
determine therapeutic advantage.
Sec. 512. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if--
(1) such entity is otherwise a contractor with the
United States and is subject to the requirement in
section 4212(d) of title 38, United States Code,
regarding submission of an annual report to the
Secretary of Labor concerning employment of certain
veterans; and
(2) such entity has not submitted a report as
required by that section for the most recent year for
which such requirement was applicable to such entity.
Sec. 513. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act (42 U.S.C. 1320d-2(b))
providing for, or providing for the assignment of, a unique
health identifier for an individual (except in an individual's
capacity as an employer or a health care provider), until
legislation is enacted specifically approving the standard.
Sec. 514. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
Sec. 515. (a) In General.--Amounts made available under
this Act for the administrative and related expenses for
departmental management for the Department of Labor, the
Department of Health and Human Services, and the Department of
Education shall be reduced on a pro rata basis by $50,000,000:
Provided, That not later than 15 days after the enactment of
this Act, the Director of the Office of Management and Budget
shall report to the House and Senate Committees on
Appropriations the accounts subject to the pro rata reductions
and the amount to be reduced in each account.
(b) Limitation.--The reduction required by subsection (a)
shall not apply to the Food and Drug Administration and the
Indian Health Service.
Sec. 516. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section
224(f) of such Act (20 U.S.C. 9134(f)), as amended by the
Children's Internet Protections Act, unless such library has
made the certifications required by paragraph (4) of such
section.
Sec. 517. None of the funds made available by this Act to
carry out part D of title II of the Elementary and Secondary
Education Act of 1965 may be made available to any elementary
or secondary school covered by paragraph (1) of section 2441(a)
of such Act (20 U.S.C. 6777(a)), as amended by the Children's
Internet Protections Act and the No Child Left Behind Act,
unless the local educational agency with responsibility for
such covered school has made the certifications required by
paragraph (2) of such section.
This division may be cited as the ``Departments of Labor,
Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2004''.
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 Office of the Secretary; not to
exceed $700,000 shall be available for the immediate Office of
the Deputy Secretary; not to exceed $15,403,000 shall be
available for the Office of the General Counsel; not to exceed
$12,312,000 shall be available for the Office of the Under
Secretary of Transportation for Policy; not to exceed
$8,536,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,300,000
shall be available for the Office of the Assistant Secretary
for Governmental Affairs; not to exceed $24,612,000 shall be
available for the Office of the Assistant Secretary for
Administration; not to exceed $1,915,000 shall be available for
the Office of Public Affairs; not to exceed $1,447,000 shall be
available for the Office of the Executive Secretariat; not to
exceed $700,000 shall be available for the Board of Contract
Appeals; not to exceed $1,268,000 shall be available for the
Office of Small and Disadvantaged Business Utilization; not to
exceed $2,000,000 for the Office of Intelligence and Security;
and not to exceed $7,500,000 shall be available for the Office
of the Chief Information Officer: Provided, That the Secretary
of Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 5 percent by all such transfers: Provided further,
That any change in funding greater than 5 percent shall be
submitted for approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law 107-
71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights,
$8,569,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $20,864,000.
WORKING CAPITAL FUND
Necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $116,715,000, shall
be paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on
operating expenses shall not apply to non-DOT entities:
Provided further, That no funds appropriated in this Act to an
agency of the Department shall be transferred to the Working
Capital Fund without the approval of the agency modal
administrator: Provided further, That no assessments may be
levied against any program, budget activity, subactivity or
project funded by this Act unless notice of such assessments
and the basis therefor are presented to the House and Senate
Committees on Appropriations and are approved by such
Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $500,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, not to exceed
$18,367,000. In addition, for administrative expenses to carry
out the guaranteed loan program, $400,000.
MINORITY BUSINESS OUTREACH
For necessary expenses of Minority Business Resource Center
outreach activities, $3,000,000, to remain available until
September 30, 2005: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related
to any mode of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $52,000,000, to be derived from the
Airport and Airway Trust Fund, to remain available until
expended.
Federal Aviation Administration
OPERATIONS
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial space
transportation, administrative expenses for research and
development, establishment of air navigation facilities, the
operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to
the public, lease or purchase of passenger motor vehicles for
replacement only, in addition to amounts made available by
Public Law 104-264, $7,530,925,000, of which $4,500,000,000
shall be derived from the Airport and Airway Trust Fund, of
which not to exceed $6,053,724,000 shall be available for air
traffic services program activities; not to exceed $880,684,000
shall be available for aviation regulation and certification
program activities; not to exceed $218,481,000 shall be
available for research and acquisition program activities; not
to exceed $11,776,000 shall be available for commercial space
transportation program activities; not to exceed $49,783,000
shall be available for financial services program activities;
not to exceed $76,529,000 shall be available for human
resources program activities; not to exceed $86,749,000 shall
be available for regional coordination program activities; not
to exceed $143,150,000 shall be available for staff offices;
and not to exceed $29,681,000 shall be available for
information services: Provided, That none of the funds in this
Act shall be available for the Federal Aviation Administration
to finalize or implement any regulation that would promulgate
new aviation user fees not specifically authorized by law after
the date of the enactment of this Act: Provided further, That
there may be credited to this appropriation funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources, for expenses incurred
in the provision of agency services, including receipts for the
maintenance and operation of air navigation facilities, and for
issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests
related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated under
this heading, not less than $6,500,000 shall be for the
contract tower cost-sharing program: Provided further, That
funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the
development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available
for paying premium pay under 5 U.S.C. 5546(a) to any Federal
Aviation Administration employee unless such employee actually
performed work during the time corresponding to such premium
pay: Provided further, That none of the funds in this Act may
be obligated or expended to operate a manned auxiliary flight
service station in the contiguous United States: Provided
further, That none of the funds in this Act for aeronautical
charting and cartography are available for activities conducted
by, or coordinated through, the Working Capital Fund: Provided
further, That of the amount appropriated under this heading,
not to exceed $50,000 may be transferred to the Aircraft Loan
Purchase Guarantee Program: Provided further, That not later
than March 1, 2004, the Secretary of Transportation, in
consultation with the Administrator of the Federal Aviation
Administration, shall issue final regulations, pursuant to 5
U.S.C. 8335, establishing an exemption process allowing
individual air traffic controllers to delay mandatory
retirement until the employee reaches no later than 61 years of
age: Provided further, That of the funds provided under this
heading, $4,000,000 is available only for recruitment,
personnel compensation and benefits, and related costs to raise
the level of operational air traffic control supervisors to the
level of 1,726: Provided further, That none of the funds in
this Act may be obligated or expended to execute or continue to
implement a memorandum of understanding or memorandum of
agreement (or any revisions thereto) with representatives of
any FAA bargaining unit after January 1, 2004 unless such
document is filed in a central registry and catalogued in an
automated, searchable database under the executive direction of
appropriate management representatives at FAA headquarters:
Provided further, That none of the funds in this Act may be
obligated or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of air navigation
and experimental facilities and equipment, as authorized under
part A of subtitle VII of title 49, United States Code,
including initial acquisition of necessary sites by lease or
grant; engineering and service testing, including construction
of test facilities and acquisition of necessary sites by lease
or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase, lease,
or transfer of aircraft from funds available under this
heading; to be derived from the Airport and Airway Trust Fund,
$2,910,000,000, of which $2,489,158,800 shall remain available
until September 30, 2006, and of which $420,841,200 shall
remain available until September 30, 2004: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred in the establishment and
modernization of air navigation facilities: Provided further,
That upon initial submission to the Congress of the fiscal year
2005 President's budget, the Secretary of Transportation shall
transmit to the Congress a comprehensive capital investment
plan for the Federal Aviation Administration which includes
funding for each budget line item for fiscal years 2005 through
2009, with total funding for each year of the plan constrained
to the funding targets for those years as estimated and
approved by the Office of Management and Budget: Provided
further, That of the funds provided under this heading, not
less than $3,000,000 is for contract audit services provided by
the Defense Contract Audit Agency: Provided further, That of
the funds provided under this heading, $25,000,000 is available
only for the Houston Area Air Traffic System.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
Of the available balances under this heading, $30,000,000
are rescinded.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant, $119,439,000,
to be derived from the Airport and Airway Trust Fund and to
remain available until September 30, 2006: Provided, That there
may be credited to this appropriation funds received from
States, counties, municipalities, other public authorities, and
private sources, for expenses incurred for research,
engineering, and development.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49, United
States Code, and under other law authorizing such obligations;
for procurement, installation, and commissioning of runway
incursion prevention devices and systems at airports of such
title; for grants authorized under section 41743 of title 49,
United States Code; and for inspection activities and
administration of airport safety programs, including those
related to airport operating certificates under section 44706
of title 49, United States Code, $3,400,000,000, to be derived
from the Airport and Airway Trust Fund and to remain available
until expended: Provided, That none of the funds under this
heading shall be available for the planning or execution of
programs the obligations for which are in excess of
$3,400,000,000 in fiscal year 2004, notwithstanding section
47117(g) of title 49, United States Code: Provided further,
That none of the funds under this heading shall be available
for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding any
other provision of law, not more than $66,254,000 of funds
limited under this heading shall be obligated for
administration and not less than $20,000,000 shall be for the
Small Community Air Service Development Pilot Program.
GENERAL PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Sec. 101. Notwithstanding any other provision of law,
airports may transfer, without consideration, to the Federal
Aviation Administration (FAA) instrument landing systems (along
with associated approach lighting equipment and runway visual
range equipment) which conform to FAA design and performance
specifications, the purchase of which was assisted by a Federal
airport-aid program, airport development aid program or airport
improvement program grant: Provided, That, the Federal Aviation
Administration shall accept such equipment, which shall
thereafter be operated and maintained by FAA in accordance with
agency criteria.
Sec. 102. None of the funds in this Act may be used to
compensate in excess of 350 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center for
Advanced Aviation Systems Development during fiscal year 2004.
Sec. 103. None of the funds made available in this Act may
be used for engineering work related to an additional runway at
Louis Armstrong New Orleans International Airport.
Sec. 104. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities and
expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds in
this section does not apply to negotiations between the agency
and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require
airport sponsors to provide land without cost to the FAA for
air traffic control facilities.
Sec. 105. For an airport project that the Administrator of
the Federal Aviation Administration (FAA) determines will add
critical airport capacity to the national air transportation
system, the Administrator is authorized to accept funds from an
airport sponsor, including entitlement funds provided under the
``Grants-in-Aid for Airports'' program, for the FAA to hire
additional staff or obtain the services of consultants:
Provided, That the Administrator is authorized to accept and
utilize such funds only for the purpose of facilitating the
timely processing, review, and completion of environmental
activities associated with such project.
Sec. 106. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior
permission rules at Teterboro Airport in Teterboro, New Jersey.
Sec. 107. None of the funds appropriated or otherwise made
available by this Act may be obligated or expended to establish
or implement a pilot program under which not more than 10
designated essential air service communities located in
proximity to hub airports are required to assume 10 percent of
their essential air subsidy costs for a 4-year period, commonly
referred to as the EAS local participation program.
Sec. 108. Notwithstanding any other provision of law, the
costs of construction of terminal and hangar buildings are
allowable for an airport development project at Somerset-
Pulaski County Airport-J.T. Wilson Field, Kentucky and at Pryor
Field Regional Airport, Decatur, Alabama, under chapter 471 of
title 49, United States Code.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
Necessary expenses for administration and operation of the
Federal Highway Administration, not to exceed $337,604,000,
shall be paid in accordance with law from appropriations made
available by this Act to the Federal Highway Administration
together with advances and reimbursements received by the
Federal Highway Administration: Provided, That of the funds
available under section 104(a)(1)(A) of title 23, United States
Code, $7,000,000 shall be available for environmental
streamlining activities, which may include making grants to, or
entering into contracts, cooperative agreements, and other
transactions, with a Federal agency, State agency, local
agency, authority, association, 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;
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 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) 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 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 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 exceed $2,717,034 shall be available for the Office of Civil
Rights; not to exceed $3,667,320 shall be available for the
Office of Planning; not to exceed $19,050,044 shall be
available for regional offices; and not to exceed $16,838,838
shall be available for the central account: Provided further,
That the Administrator is authorized to transfer funds
appropriated for an office of the Federal Transit
Administration: Provided further, That no appropriation for an
office shall be increased or decreased by more than 3 percent
by all such transfers: Provided further, That any change in
funding greater than 3 percent shall be submitted for approval
to the House and Senate Committees on Appropriations: Provided
further, That of the funds in this Act available for the
execution of contracts under section 5327(c) of title 49,
United States Code, $2,000,000 shall be reimbursed to the
Department of Transportation's Office of Inspector General for
costs associated with audits and investigations of transit-
related issues, including reviews of new fixed guideway
systems: Provided further, That not less than $2,200,000 for
the National transit database shall remain available until
expended: Provided further, That upon submission to the
Congress of the fiscal year 2005 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on new starts, proposed allocations of funds for
fiscal year 2005: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each day
after initial submission of the President's budget that the
report has not been submitted to the Congress.
FORMULA GRANTS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5307, 5308,
5310, 5311, 5327, and section 3038 of Public Law 105-178,
$767,800,000, to remain available until expended: Provided,
That no more than $3,839,000,000 of budget authority shall be
available for these purposes: Provided further, That
notwithstanding section 3008 of Public Law 105-178, $50,000,000
of the funds to carry out 49 U.S.C. 5308 shall be transferred
to and merged with funding provided for the replacement,
rehabilitation, and purchase of buses and related equipment and
the construction of bus-related facilities under ``Federal
Transit Administration, Capital investment grants''.
UNIVERSITY TRANSPORTATION RESEARCH
For necessary expenses to carry out 49 U.S.C. 5505,
$1,200,000, to remain available until expended: Provided, That
no more than $6,000,000 of budget authority shall be available
for these purposes.
TRANSIT PLANNING AND RESEARCH
For necessary expenses to carry out 49 U.S.C. 5303, 5304,
5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322,
$25,200,000, to remain available until expended: Provided, That
no more than $126,000,000 of budget authority shall be
available for these purposes: Provided further, That $5,250,000
is available to provide rural transportation assistance (49
U.S.C. 5311(b)(2)), $4,000,000 is available to carry out
programs under the National Transit Institute (49 U.S.C. 5315),
$8,250,000 is available to carry out transit cooperative
research programs (49 U.S.C. 5313(a)), $60,385,600 is available
for metropolitan planning (49 U.S.C. 5303, 5304, and 5305),
$12,614,400 is available for State planning (49 U.S.C.
5313(b)); and $35,500,000 is available for the national
planning and research program (49 U.S.C. 5314).
TRUST FUND SHARE OF EXPENSES
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Notwithstanding any other provision of law, for payment of
obligations incurred in carrying out 49 U.S.C. 5303-5308, 5310-
5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 and
3038 of Public Law 105-178, $5,847,200,000, to remain available
until expended, and to be derived from the Mass Transit Account
of the Highway Trust Fund: Provided, That $3,071,200,000 shall
be paid to the Federal Transit Administration's formula grants
account: Provided further, That $100,800,000 shall be paid to
the Federal Transit Administration's transit planning and
research account: Provided further, That $60,400,000 shall be
paid to the Federal Transit Administration's administrative
expenses account: Provided further, That $4,800,000 shall be
paid to the Federal Transit Administration's university
transportation research account: Provided further, That
$100,000,000 shall be paid to the Federal Transit
Administration's job access and reverse commute grants program:
Provided further, That $2,510,000,000 shall be paid to the
Federal Transit Administration's capital investment grants
account.
CAPITAL INVESTMENT GRANTS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out 49 U.S.C. 5308, 5309,
5318, and 5327, $627,500,000, to remain available until
expended: Provided, That no more than $3,137,500,000 of budget
authority shall be available for these purposes: Provided
further, That there shall be available for fixed guideway
modernization, $1,206,506,000; there shall be available for the
replacement, rehabilitation, and purchase of buses and related
equipment and the construction of bus-related facilities,
$607,200,000, which shall include $50,000,000 made available
under 5309(m)(3)(C) of this title, plus $50,000,000 transferred
from ``Federal Transit Administration, Formula Grants'' and
$20,000,000 transferred from ``Federal Transit Administration,
Job Access and Reverse Commute Grants''; and there shall be
available for new fixed guideway systems $1,323,794,000,
together with $2,331,545 in unobligated balances made available
in Public Law 106-69 and $2,182,937 in unobligated balances
made available in Public Law 106-346 to carry out section 3037
of Public Law 105-178, as amended, to be available as follows:
Atlanta, Georgia, Northwest Corridor BRT,
$2,149,413;
Baltimore, Maryland, Central Light Rail Double
Track Project, $40,000,000;
BART San Francisco Airport (SFO), California,
Extension Project, $100,000,000;
Birmingham--Transit Corridor, Alabama, $3,500,000;
Boston, Massachusetts, Silver Line Phase III,
$2,000,000;
Charlotte, North Carolina, South Corridor Light
Rail Project, $12,000,000;
Chicago, Illinois, Metra Commuter Rail Expansions
and Extensions, $52,000,000;
Chicago, Illinois, Ravenswood Reconstruction,
$10,000,000;
Chicago, Illinois, Transit Authority, Douglas
Branch Reconstruction, $85,000,000;
Dallas, Texas, North Central Light Rail Extension,
$30,161,283;
Denver, Colorado, Southeast Corridor LRT (T-REX),
$80,000,000;
East Side Access Project, New York, Phase I,
$75,000,000;
Euclid Corridor Transportation Project, Ohio,
$11,000,000;
Fort Lauderdale, Florida, Tri-Rail Commuter
Project, $18,410,000;
Hawaii and Alaska Ferry Boats, $10,296,000;
Houston Advanced Metro Transit Plan, Texas,
$8,000,000;
Integrated Intermodal project, Rhode Island,
$3,000,000;
Kenosha-Racine-Milwaukee Commuter Rail Extension,
Wisconsin, $3,250,000;
Las Vegas, Nevada, Resort Corridor Fixed Guideway,
MOS, $20,000,000;
Little Rock, Arkansas, River Rail Streetcar
Project, $3,000,000;
Maine Marine Highway, $1,550,000;
Memphis, Tennessee, Medical Center Rail Extension,
$9,247,588;
Minneapolis, Minnesota, Hiawatha Corridor Light
Rail Transit (LRT), $74,980,000;
Minneapolis, Minnesota, Northstar Corridor Rail
Project, $5,750,000;
New Orleans, Louisiana, Canal Street Streetcar
Project, $23,291,373;
New York, Second Avenue Subway, $2,000,000;
Newark, New Jersey, Rail Link (NERL) MOS1,
$22,566,022;
Northern Oklahoma Regional Multimodal
Transportation System, $3,000,000;
Northern, New Jersey, Hudson-Bergen Light Rail
(MOS2), $100,000,000;
Phase II, LA to Pasadena Metro Gold Line Light Rail
Project, $4,000,000;
Philadelphia, Pennsylvania, Schuylkill Valley
Metro, $14,000,000;
Phoenix, Arizona, Central Phoenix/East Valley Light
Rail Transit Project, $13,000,000;
Pittsburgh, Pennsylvania, North Shore Connector,
$10,000,000;
Pittsburgh, Pennsylvania, Stage II Light Rail
Transit Reconstruction, $32,243,442;
Portland, Oregon, Interstate MAX Light Rail
Extension, $77,500,000;
Raleigh, North Carolina, Triangle Transit Authority
Regional Rail Project, $5,500,000;
Regional Commuter Rail (Weber County to Salt Lake
City), Utah, $9,000,000;
Salt Lake City, Utah, Medical Center LRT Extension,
$30,663,361;
San Diego, California, Mission Valley East Light
Rail Transit Extension, $65,000,000;
San Diego, California, Oceanside-Escondido Rail
Project, $48,000,000;
San Francisco, California Muni Third Street Light
Rail Project, $9,000,000;
San Jose, California, Silicon Valley Rapid Transit
Corridor, $2,000,000;
Scranton, Pennsylvania, NY City Rail Service,
$2,500,000;
Seattle, Washington, Sound Transit Central Link
Initial Segment, $75,000,000;
South Shore Commuter Rail Service capacity
enhancement, $1,000,000;
Stamford, Connecticut, Urban Transitway &
Intermodal Transportation Center Improvements,
$4,000,000;
Tren Urbano Rapid Transit System, San Juan, PR,
$20,000,000;
VRE Parking Improvements, Virginia, $3,000,000;
Washington, DC/VA Dulles Corridor Rapid Transit
Project, $20,000,000;
Washington, DC/MD, Largo Extension, $65,000,000;
Western North Carolina Rail Passenger Service,
$1,000,000;
Wilmington, Delaware, Train Station Improvements,
$1,500,000;
Wilsonville to Beaverton, Oregon, Commuter Rail,
$3,250,000; and
Yarmouth to Auburn Line, Maine, $1,000,000.
JOB ACCESS AND REVERSE COMMUTE GRANTS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out section 3037 of the
Federal Transit Act of 1998, $25,000,000, to remain available
until expended: Provided, That no more than $125,000,000 of
budget authority shall be available for these purposes:
Provided further, That up to $300,000 of the funds provided
under this heading may be used by the Federal Transit
Administration for technical assistance and support and
performance reviews of the Job Access and Reverse Commute
Grants program: Provided further, That $20,000,000 of the funds
provided under this heading shall be transferred to and merged
with funds for the replacement, rehabilitation, and purchase of
buses and related equipment and the construction of bus-related
facilities under ``Federal Transit Administration, Capital
Investment Grants'': Provided further, That $2,331,545 in
unobligated balances made available in Public Law 106-69 and
$2,182,937 in unobligated balances made available in Public Law
106-346 to carry out section 3037 of Public Law 105-178, as
amended, shall be transferred to and merged with funds for new
fixed guideway systems under ``Federal Transit Administration,
Capital Investment Grants''.
GENERAL PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made available
for obligation.
Sec. 161. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made
available by this Act under ``Federal Transit Administration,
Capital investment grants'' for projects specified in this Act
or identified in reports accompanying this Act not obligated by
September 30, 2006, and other recoveries, shall be made
available for other projects under 49 U.S.C. 5309.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2003, under any section of
chapter 53 of title 49, United States Code, that remain
available for expenditure may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Funds made available for Alaska or Hawaii ferry
boats or ferry terminal facilities pursuant to 49 U.S.C.
5309(m)(2)(B) may be used to construct new vessels and
facilities, or to improve existing vessels and facilities,
including both the passenger and vehicle-related elements of
such vessels and facilities, and for repair facilities:
Provided, That not more than $3,000,000 of the funds made
available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by
the State of Hawaii to initiate and operate a passenger
ferryboat services demonstration project to test the viability
of different intra-island and inter-island ferry boat routes
and technology: Provided further, That notwithstanding 49
U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii
ferry boats may be used to acquire passenger ferry boats and to
provide passenger ferry transportation services within areas of
the State of Hawaii under the control or use of the National
Park Service.
Sec. 164. Notwithstanding any other provision of law, funds
made available to the Colorado Roaring Fork Transportation
Authority under ``Federal Transit Administration, Capital
investment grants'' in Public Laws 106-69 and 106-346 shall be
available for expenditure on park and ride lots in Carbondale
and Glenwood Springs, Colorado as part of the Roaring Fork
Valley Bus Rapid Transit project.
Sec. 165. Notwithstanding any other provision of law,
unobligated funds made available for a new fixed guideway
systems projects under the heading ``Federal Transit
Administration, Capital Investment Grants'' in any
appropriations act prior to this Act may be used during this
fiscal year to satisfy expenses incurred for such projects.
Sec. 166. (a) In General.--The Secretary shall establish a
pilot program to determine the benefits of encouraging
cooperative procurement of major capital equipment under
sections 5307, 5309, and 5311. The program shall consist of
three pilot projects. Cooperative procurements in these
projects may be carried out by grantees, consortiums of
grantees, or members of the private sector acting as agents of
grantees.
(b) Federal Share.--Notwithstanding any other provision of
law, the Federal share for a grant under this pilot program
shall be 90 percent of the net project cost.
(c) Permissible Activities.--
(1) Developing specifications.--Cooperative
specifications may be developed either by the grantees
or their agents.
(2) Requests for proposals.--To the extent
permissible under state and local law, cooperative
procurements under this section may be carried out,
either by the grantees or their agents, by issuing one
request for proposal for each cooperative procurement,
covering all agencies that are participating in the
procurement.
(3) Best and final offers.--The cost of evaluating
best and final offers either by the grantees or their
agents, is an eligible expense under this program.
(d) Technology.--To the extent feasible, cooperative
procurements under this section shall maximize use of Internet-
based software technology designed specifically for transit
buses and other major capital equipment to develop
specifications; aggregate equipment requirements with other
transit agencies; generate cooperative request for proposal
packages; create cooperative specifications; and automate the
request for approved equals process.
(e) Eligible Expenses.--The cost of the permissible
activities under (c) and procurement under (d) are eligible
expenses under the pilot program.
(f) Proportionate Contributions.--Cooperating agencies may
contribute proportionately to the non-Federal share of any of
the eligible expenses under (e).
(g) Outreach.--The Secretary shall conduct outreach on
cooperative procurement. Under this program the Secretary
shall: (1) offer technical assistance to transit agencies to
facilitate the use of cooperative procurement of major capital
equipment and (2) conduct seminars and conferences for
grantees, nationwide, on the concept of cooperative procurement
of major capital equipment.
(h) Report.--Not later than 30 days after delivery of the
base order under each of the pilot projects, the Secretary
shall submit to the House and Senate Committees on
Appropriations a report on the results of that pilot project.
Each report shall evaluate any savings realized through the
cooperative procurement and the benefits of incorporating
cooperative procurement, as shown by that project, into the
mass transit program as a whole.
Sec. 167. Notwithstanding any other provision of law, new
fixed guideway system funds available for the Yosemite,
California, area regional transportation system project, in the
Department of Transportation and Related Agencies
Appropriations Act, 2002, Public Law 107-87, under ``Capital
Investment Grants'', in the amount of $400,000 shall be
available for obligation for the replacement, rehabilitation,
or purchase of buses or related equipment, or the construction
of bus related facilities: Provided, That this amount shall be
in addition to the amount available in fiscal year 2002 for
these purposes.
Sec. 168. Notwithstanding any other provision of law, for
the purpose of calculating the non-New Starts share of the
total project cost of both phases of San Francisco Muni's Third
Street Light Rail Transit project for fiscal year 2004, the
Secretary of Transportation shall include all non-New Starts
contributions made towards Phase 1 of the two-phase project for
engineering, final design and construction, and also shall
allow non-New Starts funds expended on one element or phase of
the project to be used to meet the non-New Starts share
requirement of any element or phase of the project: Provided
further, That none of the funds provided in this Act for the
San Francisco Muni Third Street Light Rail Transit Project
shall be obligated if the Federal Transit Administration
determines that the project is found to be ``not recommended''
after evaluation and computation of revised transportation
system user benefit data.
Sec. 169. Notwithstanding any other provision of law, funds
made available under ``Federal Transit Administration, Capital
Investment Grants'' in Public Law 105-277 for the Cleveland
Berea Red Line Extension to the Hopkins International Airport
project may be used for the Euclid Corridor Transportation
Project.
Sec. 170. Notwithstanding any other provision of law, funds
designated to the Community Transportation Association of
America (CTAA) on pages 1305 through 1307 of the Joint
Explanatory Statement of the Committee of Conference for Public
Law 108-7 may be available to CTAA for any project or activity
authorized under section 3037 of Public Law 105-178 upon
receipt of an application.
Sec. 171. After the last section of the Federal Transit
Act, 49 U.S.C. Chapter 53, add the following section:
``SEC. 3042. UTAH TRANSPORTATION PROJECTS.
``(a) Coordination.--FTA and FHWA are directed to work with
the Utah Transit Authority and the Utah Department of
Transportation to coordinate the development regional commuter
rail and the northern segment of I-15 reconstruction located in
the Wasatch Front corridor extending from Brigham City to
Payson, Utah. Coordination includes integration of preliminary
engineering and design, a simplified method for allocating
project costs among eligible FTA and FHWA funding sources, and
a unified accounting and audit process.
``(b) Governmental Funding.--For purposes of determining
and allocating the nongovernmental and governmental share of
costs, the following projects comprise a related program of
projects: regional commuter rail, the TRAX light rail system,
TRAX extensions to the Medical Center and to the Gateway
Intermodal Center, and the northern segment of I-15
reconstruction. The governmental share of project costs
appropriated from the Section 5309 New Start program shall
conform to the share specified in the extension or
reauthorization of TEA21.''.
Sec. 172. Funds apportioned to the Charleston Area Regional
Transportation Authority to carry out section 5307 of title 49,
United States Code, may be used to lease land, equipment, or
facilities used in public transportation from another
governmental authority in the same geographic area: Provided,
That the non-Federal share under section 5307 may include
revenues from the sale of advertising and concessions: Provided
further, That this provision shall remain in effect until
September 30, 2004, or until the Federal interest in the land,
equipment or facilities leased reaches 80 percent of its fair
market value at disposition, whichever occurs first.
Sec. 173. Notwithstanding any other provision of law, funds
designated to the Pennsylvania Cumberland/Dauphin County
Corridor I project in committee reports accompanying this Act
may be available to the recipient for any project activities
authorized under sections 5307 and 5309 of title 49, United
States Code.
Sec. 174. To the extent that funds provided by the Congress
for the Memphis Medical Center light rail extension project
through the Section 5309 ``new fixed guideway systems'' program
remain available upon the closeout of the project, Federal
Transit Administration is directed to permit the Memphis Area
Transit Authority to use all of those funds for planning,
engineering, design, construction or acquisition projects
pertaining to the Memphis Regional Rail Plan. Such funds shall
remain available until expended.
Sec. 175. Section 30303(d)(3) of the Transportation Equity
Act for the 21st Century (Public Law 105-178) is amended by
inserting at the end:
``(D) Memphis-Shelby International Airport
intermodal facility.''.
Sec. 176. For fiscal year 2004, Section 3027 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 5307
note; 112 Stat. 366), as amended, is amended by adding at the
end the following:
``(3) Services for elderly and persons with
disabilities.--In addition to assistance made available
under paragraph (1), the Secretary may provide
assistance under section 5307 of title 49, United
States Code, to a transit provider that operates 25 or
fewer vehicles in an urbanized area with a population
of at least 200,000 to finance the operating costs of
equipment and facilities used by the transit provider
in providing mass transportation services to elderly
and persons with disabilities, provided that such
assistance to all entities shall not exceed $10,000,000
annually.''.
Sec. 177. None of the funds in this Act shall be available
to any Federal transit grantee after February 1, 2004, involved
directly or indirectly, in any activity that promotes the
legalization or medical use of any substance listed in schedule
I of section 202 of the Controlled Substances Act (21 U.S.C.
812 et seq.).
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation, and
in accord with law, and to make such contracts and commitments
without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation's budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses for operations and maintenance of
those portions of the Saint Lawrence Seaway operated and
maintained by the Saint Lawrence Seaway Development
Corporation, $14,400,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $98,700,000, to remain available until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training
activities authorized by law, $106,997,000, of which
$23,600,000 shall remain available until September 30, 2004,
for salaries and benefits of employees of the United States
Merchant Marine Academy; of which $13,500,000 shall remain
available until expended for capital improvements at the United
States Merchant Marine Academy; of which $8,063,000 shall
remain available until expended for the State Maritime Schools
Schoolship Maintenance and Repair; of which $500,000 shall
remain available until expended for the evaluation and
provision of the fourteen commercially strategic ports; and of
which $1,000,000 shall remain available until September 30,
2005, for Maritime Security Professional Training in support of
Section 109 of the Maritime Transportation Security Act of
2002.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $16,211,000, to remain available until
expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For administrative expenses to carry out the guaranteed
loan program, not to exceed $4,498,000, which shall be
transferred to and merged with the appropriation for Operations
and Training.
SHIP CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this heading,
$4,107,056 are rescinded.
GENERAL PROVISIONS--MARITIME ADMINISTRATION
Sec. 180. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration, and payments
received therefore shall be credited to the appropriation
charged with the cost thereof: Provided, That rental payments
under any such lease, contract, or occupancy for items other
than such utilities, services, or repairs shall be covered into
the Treasury as miscellaneous receipts.
Sec. 181. No obligations shall be incurred during the
current fiscal year from the construction fund established by
the Merchant Marine Act, 1936, or otherwise, in excess of the
appropriations and limitations contained in this Act or in any
prior appropriation Act.
Research and Special Programs Administration
RESEARCH AND SPECIAL PROGRAMS
For expenses necessary to discharge the functions of the
Research and Special Programs Administration, $46,441,000, of
which $645,000 shall be derived from the Pipeline Safety Fund,
and of which $2,510,000 shall remain available until September
30, 2006: Provided, That up to $1,200,000 in fees collected
under 49 U.S.C. 5108(g) shall be deposited in the general fund
of the Treasury as offsetting receipts: Provided further, That
there may be credited to this appropriation, to be available
until expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance
of hazardous materials exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107, and
to discharge the pipeline program responsibilities of the Oil
Pollution Act of 1990, $66,305,000, of which $13,000,000 shall
be derived from the Oil Spill Liability Trust Fund and shall
remain available until September 30, 2006; of which $53,305,000
shall be derived from the Pipeline Safety Fund, of which
$21,828,000 shall remain available until September 30, 2006.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
For necessary expenses to carry out 49 U.S.C. 5127(c),
$200,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2006: Provided, That
not more than $14,300,000 shall be made available for
obligation in fiscal year 2004 from amounts made available by
49 U.S.C. 5116(i) and 5127(d): Provided further, That none of
the funds made available by 49 U.S.C. 5116(i) and 5127(d) shall
be made available for obligation by individuals other than the
Secretary of Transportation, or his designee.
Office of Inspector General
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General
to carry out the provisions of the Inspector General Act of
1978, as amended, $56,000,000: Provided, That the Inspector
General shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3) to investigate allegations of fraud, including
false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the
Department: Provided further, That the funds made available
under this heading shall be used to investigate, pursuant to
section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by
domestic and foreign air carriers and ticket agents; and (2)
the compliance of domestic and foreign air carriers with
respect to item (1) of this proviso.
Surface Transportation Board
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $19,521,000:
Provided, That notwithstanding any other provision of law, not
to exceed $1,050,000 from fees established by the Chairman of
the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for necessary
and authorized expenses under this heading: Provided further,
That the sum herein appropriated from the general fund shall be
reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2004, to result in
a final appropriation from the general fund estimated at no
more than $18,471,000.
TITLE II--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Annex; hire of passenger motor vehicles; maintenance,
repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned
overseas, when necessary for the performance of official
business; not to exceed $3,000,000, to remain available until
September 30, 2005 for information technology modernization
requirements; not to exceed $150,000 for official reception and
representation expenses; not to exceed $258,000 for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Secretary of the Treasury
and to be accounted for solely on his certificate,
$176,109,000: Provided, That the Office of Foreign Assets
Control shall be funded at no less than $21,855,000 and 120
full time equivalent positions: Provided further, That of these
amounts, $2,900,000 is available for grants to State and local
law enforcement groups to help fight money laundering: Provided
further, That of these amounts, $3,393,000, to remain available
until September 30, 2005, shall be for the Treasury-wide
Financial Statement Audit Program, of which such amounts as may
be necessary may be transferred to accounts of the Department's
offices and bureaus to conduct audits: Provided further, That
this transfer authority shall be in addition to any other
provided in this Act.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data
processing equipment, software, and services for the Department
of the Treasury, $36,400,000, to remain available until
September 30, 2006: Provided, That these funds shall be
transferred to accounts and in amounts as necessary to satisfy
the requirements of the Department's offices, bureaus, and
other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority
provided in this Act: Provided further, That none of the funds
appropriated shall be used to support or supplement the
Internal Revenue Service appropriations for Information Systems
or Business Systems Modernization.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, not to exceed $2,000,000 for official travel
expenses, including hire of passenger motor vehicles; and not
to exceed $100,000 for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Inspector General of the Treasury, $13,000,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase (not to exceed 150
for replacement only for police-type use) and hire of passenger
motor vehicles (31 U.S.C. 1343(b)); services authorized by 5
U.S.C. 3109, at such rates as may be determined by the
Inspector General for Tax Administration; not to exceed
$6,000,000 for official travel expenses; and not to exceed
$500,000 for unforeseen emergencies of a confidential nature,
to be allocated and expended under the direction of the
Inspector General for Tax Administration, $128,034,000.
AIR TRANSPORTATION STABILIZATION PROGRAM
For necessary expenses to administer the Air Transportation
Stabilization Board established by section 102 of the Air
Transportation Safety and System Stabilization Act (Public Law
107-42), $2,538,000, to remain available until expended.
TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION
For the repair, alteration, and improvement of the Treasury
Building and Annex, $25,000,000, to remain available until
September 30, 2006, of which not less than $7,000,000 shall not
be available for obligation until completion of the audit by
the Treasury Inspector General or upon the advance approval of
the House and Senate Committees on Appropriations.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
expenses of non-Federal law enforcement personnel to attend
meetings concerned with financial intelligence activities, law
enforcement, and financial regulation; not to exceed $14,000
for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $57,571,000, of which not to exceed $4,500,000
shall remain available until September 30, 2006; and of which
$8,152,000 shall remain available until September 30, 2005:
Provided, That funds appropriated in this account may be used
to procure personal services contracts.
Financial Management Service
SALARIES AND EXPENSES
For necessary expenses of the Financial Management Service,
$228,558,000, of which not to exceed $9,220,000 shall remain
available until September 30, 2006, for information systems
modernization initiatives; and of which not to exceed $2,500
shall be available for official reception and representation
expenses.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $80,000,000; of which not to exceed $6,000 for
official reception and representation expenses; not to exceed
$50,000 for cooperative research and development programs for
Laboratory Services; and provision of laboratory assistance to
State and local agencies with or without reimbursement.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments. The aggregate amount of new liabilities
and obligations incurred during fiscal year 2004 under such
section 5136 for circulating coinage and protective service
capital investments of the United States Mint shall not exceed
$40,652,000.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
For necessary expenses connected with any public-debt
issues of the United States, $178,052,000, of which not to
exceed $2,500 shall be available for official reception and
representation expenses, and of which not to exceed $2,000,000
shall remain available until expended for systems
modernization: Provided, That the sum appropriated herein from
the General Fund for fiscal year 2004 shall be reduced by not
more than $4,400,000 as definitive security issue fees and
Treasury Direct Investor Account Maintenance fees are
collected, so as to result in a final fiscal year 2004
appropriation from the general fund estimated at $173,652,000.
In addition, $40,000 to be derived from the Oil Spill Liability
Trust Fund to reimburse the Bureau for administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Internal Revenue Service
PROCESSING, ASSISTANCE, AND MANAGEMENT
For necessary expenses of the Internal Revenue Service for
pre-filing taxpayer assistance and education, filing and
account services, shared services support, general management
and administration; and services as authorized by 5 U.S.C.
3109, at such rates as may be determined by the Commissioner,
$4,033,000,000, of which up to $4,100,000 shall be for the Tax
Counseling for the Elderly Program, of which $7,500,000 shall
be available for low-income taxpayer clinic grants, and of
which not to exceed $25,000 shall be for official reception and
representation expenses.
TAX LAW ENFORCEMENT
For necessary expenses of the Internal Revenue Service for
determining and establishing tax liabilities; providing
litigation support; conducting criminal investigation and
enforcement activities; securing unfiled tax returns;
collecting unpaid accounts; conducting a document matching
program; resolving taxpayer problems through prompt
identification, referral and settlement; resolving essential
earned income tax credit compliance and error problems;
compiling statistics of income and conducting compliance
research; purchase (for police-type use, not to exceed 850) and
hire of passenger motor vehicles (31 U.S.C. 1343(b)); and
services as authorized by U.S.C. 3109, at such rates as may be
determined by the Commissioner, $4,196,000,000, of which not to
exceed $1,000,000 shall remain available until September 30,
2006, for research: Provided, That such sums may be transferred
as necessary from this account to the IRS Processing,
Assistance, and Management appropriation or the IRS Information
Systems appropriation solely for the purposes of management of
the Earned Income Tax Compliance program and to reimburse the
Social Security Administration for the cost of implementing
section 1090 of the Taxpayer Relief Act of 1997 (Public Law
105-33): Provided further, That this transfer authority shall
be in addition to any other transfer authority provided in this
Act.
INFORMATION SYSTEMS
For necessary expenses of the Internal Revenue Service for
information systems and telecommunications support, including
developmental information systems and operational information
systems; the hire of passenger motor vehicles (31 U.S.C.
1343(b)); and services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner, $1,590,962,000,
of which $200,000,000 shall remain available until September
30, 2005.
BUSINESS SYSTEMS MODERNIZATION
For necessary expenses of the Internal Revenue Service,
$390,000,000, to remain available until September 30, 2006, for
the capital asset acquisition of information technology
systems, including management and related contractual costs of
said acquisitions, including contractual costs associated with
operations authorized by 5 U.S.C. 3109: Provided, That none of
these funds may be obligated until the Internal Revenue Service
submits to the Committees on Appropriations, and such
Committees approve, a plan for expenditure that: (1) meets the
capital planning and investment control review requirements
established by the Office of Management and Budget, including
Circular A-11 part 3; (2) complies with the Internal Revenue
Service's enterprise architecture, including the modernization
blueprint; (3) conforms with the Internal Revenue Service's
enterprise life cycle methodology; (4) is approved by the
Internal Revenue Service, the Department of the Treasury, and
the Office of Management and Budget; (5) has been reviewed by
the General Accounting Office; and (6) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
For expenses necessary to implement the health insurance
tax credit included in the Trade Act of 2002 (Public Law 107-
210), $35,000,000, to remain available until September 30,
2005.
GENERAL PROVISIONS--INTERNAL REVENUE SERVICE
Sec. 201. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to any other Internal Revenue Service appropriation
upon the advance approval of the Committees on Appropriations.
Sec. 202. The Internal Revenue Service shall maintain a
training program to ensure that Internal Revenue Service
employees are trained in taxpayers' rights, in dealing
courteously with the taxpayers, and in cross-cultural
relations.
Sec. 203. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information.
Sec. 204. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased manpower to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make the improvement of the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to increase phone lines and staff
to improve the Internal Revenue Service 1-800 help line
service.
Sec. 205. Within one hundred and eighty days of enactment,
the Secretary of the Treasury shall present to the Congress a
proposal for legislation which would provide transition relief
for older and longer-service participants affected by
conversions of their employers' traditional pension plans to
cash balance pension plans: Provided, That none of the funds
made available in this Act may be used by the Secretary of the
Treasury, or his designee, to issue any rule or regulation
which implements the proposed amendments to Internal Revenue
Service regulations set forth in REG-209500-86 and REG-164464-
02, or any amendments reaching results similar to such proposed
amendments.
Sec. 206. Study on Earned Income Tax Credit Certification
Program. (a) Study.--The Internal Revenue Service shall conduct
a study, as a part of any program that requires certification
(including pre-certification) in order to claim the earned
income tax credit under section 32 of the Internal Revenue Code
of 1986, on the following matters:
(1) The costs (in time and money) incurred by the
participants in the program.
(2) The administrative costs incurred by the
Internal Revenue Service in operating the program.
(3) The percentage of individuals included in the
program who were not certified for the credit,
including the percentage of individuals who were not
certified due to--
(A) ineligibility for the credit; and
(B) failure to complete the requirements
for certification.
(4) The percentage of individuals to whom paragraph
(3)(B) applies who were--
(A) otherwise eligible for the credit; and
(B) otherwise ineligible for the credit.
(5) The percentage of individuals to whom paragraph
(3)(B) applies who--
(A) did not respond to the request for
certification; and
(B) responded to such request but otherwise
failed to complete the requirements for
certification.
(6) The reasons--
(A) for which individuals described in
paragraph (5)(A) did not respond to requests
for certification; and
(B) for which individuals described in
paragraph (5)(B) had difficulty in completing
the requirements for certification.
(7) The characteristics of those individuals who
were denied the credit due to--
(A) failure to complete the requirements
for certification; and
(B) ineligibility for the credit.
(8) The impact of the program on non-English
speaking participants.
(9) The impact of the program on homeless and other
highly transient individuals.
(b) Report.--
(1) Preliminary report.--Not later than July 30,
2004, the Commissioner of the Internal Revenue Service
shall submit to Congress a preliminary report on the
study conducted under subsection (a).
(2) Final report.--Not later than June 30, 2005,
the Commissioner of the Internal Revenue Service shall
submit to Congress a final report detailing the
findings of the study conducted under subsection (a).
General Provisions--Department of the Treasury
Sec. 210. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 211. Not to exceed 2 percent of any appropriations in
this Act made available to the Departmental Offices--Salaries
and Expenses, Office of Inspector General, Financial Management
Service, Alcohol and Tobacco Tax and Trade Bureau, Financial
Crime Enforcement Network, and Bureau of the Public Debt, may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations. No transfer may
increase or decrease any such appropriation by more than 2
percent.
Sec. 212. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be
transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations. No transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 213. Of the funds available for the purchase of law
enforcement vehicles, no funds may be obligated until the
Secretary of the Treasury certifies that the purchase by the
respective Treasury bureau is consistent with Departmental
vehicle management principles: Provided, That the Secretary may
delegate this authority to the Assistant Secretary for
Management.
Sec. 214. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 215. The Secretary of the Treasury may transfer funds
from ``Salaries and Expenses'', Financial Management Service,
to the Debt Services Account as necessary to cover the costs of
debt collection: Provided, That such amounts shall be
reimbursed to such Salaries and Expenses account from debt
collections received in the Debt Services Account.
Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C.
3104 note), is further amended by striking ``5 years'' and
inserting ``6 years''.
Sec. 217. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the House Committee on Financial Services
and the Senate Committee on Banking, Housing, and Urban
Affairs.
Sec. 218. For fiscal year 2004 and each fiscal year
thereafter, there are appropriated to the Secretary of the
Treasury such sums as may be necessary to reimburse financial
institutions in their capacity as depositaries and financial
agents of the United States for all services required or
directed by the Secretary of the Treasury, or the Secretary's
designee, to be performed by such financial institutions on
behalf of the Department of the Treasury or other Federal
agencies, including services rendered prior to fiscal year
2004.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
For compensation of the President, including an expense
allowance at the rate of $50,000 per annum as authorized by 3
U.S.C. 102, $450,000: Provided, That none of the funds made
available for official expenses shall be expended for any other
purpose and any unused amount shall revert to the Treasury
pursuant to section 1552 of title 31, United States Code.
White House Office
SALARIES AND EXPENSES
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, newspapers, periodicals, teletype
news service, and travel (not to exceed $100,000 to be expended
and accounted for as provided by 3 U.S.C. 103); and not to
exceed $19,000 for official entertainment expenses, to be
available for allocation within the Executive Office of the
President, $69,168,000: Provided, That $8,650,000 of the funds
appropriated shall be available for reimbursements to the White
House Communications Agency: Provided further, That $7,231,000
of the funds appropriated under this heading shall be available
for the Homeland Security Council.
Executive Residence at the White House
OPERATING EXPENSES
For the care, maintenance, repair and alteration,
refurnishing, improvement, heating, and lighting, including
electric power and fixtures, of the Executive Residence at the
White House and official entertainment expenses of the
President, $12,501,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under section 3717 of
title 31, United States Code: Provided further, That each such
amount that is reimbursed, and any accompanying interest and
charges, shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That the Executive Residence shall
prepare and submit to the Committees on Appropriations, by not
later than 90 days after the end of the fiscal year covered by
this Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding fiscal
year, including the total amount of such expenses, the amount
of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable
events within the Executive Residence that includes a standard
for the classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
WHITE HOUSE REPAIR AND RESTORATION
For the repair, alteration, and improvement of the
Executive Residence at the White House, $4,225,000, to remain
available until expended, for required maintenance, safety and
health issues, and continued preventative maintenance.
Council of Economic Advisers
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisors
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021), $4,502,000.
Office of Policy Development
SALARIES AND EXPENSES
For necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, $4,109,000.
National Security Council
SALARIES AND EXPENSES
For necessary expenses of the National Security Council,
including services as authorized by 5 U.S.C. 3109, $10,551,000.
Office of Administration
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $82,826,000, of
which $20,578,000 shall remain available until expended for the
Capital Investment Plan for continued modernization of the
information technology infrastructure within the Executive
Office of the President.
Office of Management and Budget
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109 and to carry out the provisions
of chapter 35 of title 44, United States Code, $67,159,000, of
which not to exceed $3,000 shall be available for official
representation expenses: Provided, That, as provided in 31
U.S.C. 1301(a), appropriations shall be applied only to the
objects for which appropriations were made except as otherwise
provided by law: Provided further, That none of the funds
appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any
agricultural marketing orders or any activities or regulations
under the provisions of the Agricultural Marketing Agreement
Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That none
of the funds made available for the Office of Management and
Budget by this Act may be expended for the altering of the
transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget,
before the Committees on Appropriations or the Committees on
Veterans' Affairs or their subcommittees: Provided further,
That the preceding shall not apply to printed hearings released
by the Committees on Appropriations or the Committees on
Veterans' Affairs: Provided further, That none of the funds
appropriated in this Act may be available to pay the salary or
expenses of any employee of the Office of Management and Budget
who calculates, prepares, or approves any tabular or other
material that proposes the sub-allocation of budget authority
or outlays by the Committees on Appropriations among their
subcommittees.
Office of National Drug Control Policy
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the Office
of National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.); not to exceed $10,000 for official
reception and representation expenses; and for participation in
joint projects or in the provision of services on matters of
mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$27,996,500; of which $1,350,000 shall remain available until
expended for policy research and evaluation; and $1,500,000 for
the National Alliance for Model State Drug Laws: Provided, That
the Office is authorized to accept, hold, administer, and
utilize gifts, both real and personal, public and private,
without fiscal year limitation, for the purpose of aiding or
facilitating the work of the Office.
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Counterdrug Technology
Assessment Center for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
1998 (21 U.S.C. 1701 et seq.), $42,000,000, which shall remain
available until expended, consisting of $18,000,000 for
counternarcotics research and development projects, and
$24,000,000 for the continued operation of the technology
transfer program: Provided, That the $18,000,000 for
counternarcotics research and development projects shall be
available for transfer to other Federal departments or
agencies.
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas Program,
$226,350,000, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas, of which no less than 51 percent shall
be transferred to State and local entities for drug control
activities, which shall be obligated within 120 days of the
date of the enactment of this Act: Provided, That up to 49
percent, to remain available until September 30, 2005, may be
transferred to Federal agencies and departments at a rate to be
determined by the Director, of which not less than $2,100,000
shall be used for auditing services and associated activities,
and at least $500,000 of the $2,100,000 shall be used to
develop and implement a data collection system to measure the
performance of the High Intensity Drug Trafficking Areas
Program: Provided further, That High Intensity Drug Trafficking
Areas Programs designated as of September 30, 2003, shall be
funded at no less than the fiscal year 2003 initial allocation
levels unless the Director submits to the Committees on
Appropriations, and the Committees approve, justification for
changes in those levels based on clearly articulated priorities
for the High Intensity Drug Trafficking Areas Programs, as well
as published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That a request
shall be submitted to the Committees on Appropriations for
approval prior to the obligation of funds of an amount in
excess of the fiscal year 2004 budget request: Provided
further, That such request shall be made in compliance with the
reprogramming guidelines.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities to support a national anti-drug campaign for
youth, and for other purposes, authorized by the Office of
National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1701 et seq.), $229,000,000, to remain available until
expended, of which the following amounts are available as
follows: $145,000,000 to support a national media campaign, as
authorized by the Drug-Free Media Campaign Act of 1998;
$70,000,000 to continue a program of matching grants to drug-
free communities, of which $1,000,000 shall be a directed grant
to the Community Anti-Drug Coalitions of America for the
National Community Anti-Drug Coalition Institute, as authorized
in chapter 2 of the National Narcotics Leadership Act of 1988,
as amended; $3,000,000 for the Counterdrug Intelligence
Executive Secretariat; $2,000,000 for evaluations and research
related to National Drug Control Program performance measures;
$1,000,000 for the National Drug Court Institute; $7,200,000
for the United States Anti-Doping Agency for anti-doping
activities; and $800,000 for the United States membership dues
to the World Anti-Doping Agency: Provided, That such funds may
be transferred to other Federal departments and agencies to
carry out such activities: Provided further, That of the
amounts appropriated for a national media campaign, no less
than 78 percent shall be used for the purchase of advertising
time and space for the national media 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.''.
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
Georgia:
Atlanta, Richard B. Russell Federal
Building, $32,173,000
Illinois:
Chicago, Dirksen Courthouse &
Kluczynski Federal Building,
$24,056,000
Springfield, Paul H. Findley
Federal Building--Courthouse,
$6,183,000
Indiana:
Terre Haute Federal Building--Post
Office, $4,600,000
Massachusetts:
Boston, John W. McCormack Post
Office and Courthouse, $73,037,000
New York:
Brooklyn, Emanuel Celler
Courthouse, $65,511,000
North Dakota:
Fargo, Federal Building--Post
Office, $5,801,000
Ohio:
Columbus, John W. Bricker Federal
Building, $10,707,000
Washington:
Auburn, Building 7, Auburn Federal
Building, $18,315,000
Bellingham, Federal Building,
$2,610,000
Seattle, Henry M. Jackson Federal
Building, $6,868,000
Special Emphasis Programs:
Chlorofluorocarbons Program, $5,000,000
Energy Program, $5,000,000
Glass Fragmentation Program, $20,000,000
Design Program, $41,462,000:
Provided further, That funds made available in any previous Act
in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in any
previous Act may be increased by an amount not to exceed 10
percent unless advance approval is obtained from the Committees
on Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
prior Act for ``Repairs and Alterations'' may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to
fund authorized increases in prospectus projects: Provided
further, That all funds for repairs and alterations prospectus
projects shall expire on September 30, 2005 and remain in the
Federal Buildings Fund except funds for projects as to which
funds for design or other funds have been obligated in whole or
in part prior to such date: Provided further, That the amount
provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the Government
arising from any projects under the heading ``Repairs and
Alterations'' or used to fund authorized increases in
prospectus projects: Provided further, That the funds available
herein for repairs to the Bellingham, Washington, Federal
Building, shall be available for transfer to the city of
Bellingham, Washington, subject to disposal of the building to
the city; (3) $169,745,000 for installment acquisition payments
including payments on purchase contracts which shall remain
available until expended; (4) $3,280,187,000 for rental of
space which shall remain available until expended; and (5)
$1,608,708,000 for building operations which shall remain
available until expended: Provided further, That funds
available to the General Services Administration shall not be
available for expenses of any construction, repair, alteration
and acquisition project for which a prospectus, if required by
the Public Buildings Act of 1959, as amended, has not been
approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus: Provided further, That funds available in the
Federal Buildings Fund may be expended for emergency repairs
when advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
section 210(f)(6) of the Federal Property and Administrative
Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and
amounts to provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other property not
in Government ownership or control as may be appropriate to
enable the United States Secret Service to perform its
protective functions pursuant to 18 U.S.C. 3056, shall be
available from such revenues and collections: Provided further,
That revenues and collections and any other sums accruing to
this Fund during fiscal year 2004, excluding reimbursements
under section 210(f)(6) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in
excess of $6,717,208,000 shall remain in the Fund and shall not
be available for expenditure except as authorized in
appropriations Acts.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, telecommunications,
information technology management, and related technology
activities; and services as authorized by 5 U.S.C. 3109,
$56,383,000.
OPERATING EXPENSES
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; telecommunications, information technology
management, and related technology activities; providing
Internet access to Federal information and services; agency-
wide policy direction and management, and Board of Contract
Appeals; accounting, records management, and other support
services incident to adjudication of Indian Tribal Claims by
the United States Court of Federal Claims; services as
authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
official reception and representation expenses, $88,110,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
and services authorized by 5 U.S.C. 3109, $39,169,000:
Provided, That not to exceed $15,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General
effectiveness.
ELECTRONIC GOVERNMENT (E-GOV) FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in support of interagency projects
that enable the Federal Government to expand its ability to
conduct activities electronically, through the development and
implementation of innovative uses of the Internet and other
electronic methods, $3,000,000, to remain available until
expended: Provided, That these funds may be transferred to
Federal agencies to carry out the purposes of the Fund:
Provided further, That this transfer authority shall be in
addition to any other transfer authority provided in this Act:
Provided further, That such transfers may not be made until 10
days after a proposed spending plan and justification for each
project to be undertaken has been submitted to the Committees
on Appropriations.
allowances and office staff for former presidents
(INCLUDING TRANSFER OF FUNDS)
For carrying out the provisions of the Act of August 25,
1958, as amended (3 U.S.C. 102 note), and Public Law 95-138,
$3,393,000: Provided, That the Administrator of General
Services shall transfer to the Secretary of the Treasury such
sums as may be necessary to carry out the provisions of such
Acts.
GENERAL PROVISIONS--GENERAL SERVICES ADMINISTRATION
Sec. 401. The appropriate appropriation or fund available
to the General Services Administration shall be credited with
the cost of operation, protection, maintenance, upkeep, repair,
and improvement, included as part of rentals received from
Government corporations pursuant to law (40 U.S.C. 129).
Sec. 402. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 403. Funds in the Federal Buildings Fund made
available for fiscal year 2004 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by the
Committees on Appropriations.
Sec. 404. No funds made available by this Act shall be used
to transmit a fiscal year 2005 request for United States
Courthouse construction that: (1) does not meet the design
guide standards for construction as established and approved by
the General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget; and
(2) does not reflect the priorities of the Judicial Conference
of the United States as set out in its approved 5-year
construction plan: Provided, That the fiscal year 2005 request
must be accompanied by a standardized courtroom utilization
study of each facility to be constructed, replaced, or
expanded.
Sec. 405. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in compliance with the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 406. Funds provided to other Government agencies by
the Information Technology Fund, General Services
Administration, under section 110 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 757) and
sections 5124(b) and 5128 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1424(b) and 1428), for performance of pilot information
technology projects which have potential for Government-wide
benefits and savings, may be repaid to this Fund from any
savings actually incurred by these projects or other funding,
to the extent feasible.
Sec. 407. From funds made available under the heading
``Federal Buildings Fund, Limitations on Availability of
Revenue'', claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the Committees
on Appropriations.
Sec. 408. (a) Notwithstanding any other provision of law,
the Administrator of General Services is authorized to acquire,
under such terms and conditions as he deems to be in the
interests of the United States, approximately 27 acres of land,
identified as Site 7 and located at 234 Corporate Drive, Pease
International Tradeport, Portsmouth, NH 03801, as a site for
the public building needs of the Federal Government, and to
design and construct upon the site a new Federal Office
Building of approximately 98,000 gross square feet: Provided,
That the Administrator shall not acquire any property under
this subsection until the Administrator determines that the
property is in compliance with applicable environmental laws,
and that the property is suitable and available for use as a
site to house the Federal agencies presently located in the
Thomas J. McIntyre Federal Building.
(b) For the site acquisition, design, construction, and
relocation, $11,149,000 shall be available from funds
previously provided under the heading ``General Services
Administration, Real Property Activities, Federal Buildings
Fund'' in Public Law 108-7 for repairs and alterations to the
Thomas J. McIntyre Federal Building in Portsmouth, New
Hampshire, which was included in the plan for expenditure of
repairs and alterations funds as required by accompanying House
Report 108-10.
(c) For any additional costs of construction, management
and inspection of the new facility to house the Federal
agencies relocated from the McIntyre Federal Office Building,
and for the costs of relocating the Federal agencies occupying
the McIntyre Federal Office Building, $13,669,000 shall be
deposited into the Federal Buildings Fund (40 U.S.C. 592) from
the General Fund; which amount, together with the amount set
forth in subsection (b) of this section shall remain available
until expended and shall be subject to such escalation and
reprogramming authorities available to the Administrator for
any other new construction projects under the heading ``Federal
Building Fund Limitations on Availability of Revenue''.
(d) The Administrator is authorized and directed to convey,
without consideration, the Thomas J. McIntyre Federal Office
Building to the City of Portsmouth, New Hampshire for economic
development purposes subject to the following conditions: (i)
that all Federal agencies currently occupying the McIntyre
Building except the United States Postal Service are completely
relocated to the new Federal Building for so long as those
agencies have continuing mission needs for that new location,
(ii) that the requirements of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11411 et seq.) shall not apply to
this conveyance; and (iii) that the Administrator may include
in the conveyance documents such terms and conditions as the
Administrator determines in the best interest of the United
States.
Sec. 409. (a) The Administrator of General Services shall
carry out the authority of the Election Assistance Commission
to make election assistance payments under subtitle D of title
II of the Help America Vote Act of 2002, including the
authority under such subtitle to receive statements and
applications from entities seeking such payments and reports
from entities receiving such payments.
(b) The authority of the Administrator of General Services
under subsection (a) shall apply with respect to amounts
appropriated for fiscal year 2004 and amounts appropriated for
fiscal year 2003 which remain unobligated and unexpended at the
end of fiscal year 2003, except that this authority shall
expire upon the earlier of--
(1) the expiration of the 3-month period which
begins on the date on which all members of the Election
Assistance Commission are appointed; or
(2) June 30, 2004.
(c) Upon the appointment of all members of the Election
Assistance Commission, the Administrator of General Services
shall transmit to the Commission all statements, applications,
and reports received by the Administrator in carrying out this
section.
Sec. 410. None of the funds made available in this Act may
be used by the General Services Administration to establish a
quick response team processing center on East Brainerd Road in
Chattanooga, Tennessee.
Sec. 411. Completion of Land Conveyance, San Joaquin
County, California. Section 140 of division C of Public Law
105-277 (112 Stat. 2681-599), as amended by section 3034 of the
1999 Emergency Supplemental Appropriations Act (Public Law 106-
31; 113 Stat. 104), is amended--
(1) in subsection (a)--
(A) in the first sentence, by striking
``Attorney General'' and inserting
``Administrator of General Services, on behalf
of the Attorney General,'';
(B) in the second sentence, by striking
``Attorney General'' and inserting
``Administrator''; and
(C) in the second sentence, by striking
``not later than August 21, 1999'' and
inserting ``as soon as practicable'';
(2) in subsection (b), by striking ``Attorney
General'' and inserting ``Administrator'';
(3) in subsection (c)(1)--
(A) in the first sentence, by striking ``as
the location'' and all that follows through
``other educational purposes'' and inserting
``for educational or recreational purposes'';
and
(B) by striking the second sentence;
(4) in subsection (c)(2), by striking ``Attorney
General'' and inserting ``Administrator'';
(5) in subsection (d), by striking paragraph (2)
and inserting the following new paragraph:
``(2) The use of the real property conveyed under
subsection (a) for recreational purposes, as provided in
subsection (c), shall be subject to the approval of the
Secretary of the Interior.'';
(6) in subsection (e)--
(A) in paragraph (1), by striking ``If the
Secretary'' and all that follows through ``not
being used'' and inserting ``If a portion of
the real property conveyed under subsection (a)
is used for educational purposes, as provided
in subsection (c), and the Secretary of
Education determines that such portion is no
longer being used''; and
(B) in paragraph (2), by striking ``as a
public park or for other recreational
purposes'' and inserting ``for recreational
purposes''; and
(7) in subsection (f), by striking ``Attorney
General'' and inserting ``Administrator''.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and direct procurement of
survey printing, $32,877,000 together with not to exceed
$2,626,000 for administrative expenses to adjudicate retirement
appeals to be transferred from the Civil Service Retirement and
Disability Fund in amounts determined by the Merit Systems
Protection Board.
Morris K. Udall Scholarship and Excellence in National Environmental
Policy Foundation
MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRONMENTAL
POLICY TRUST FUND
For payment to the Morris K. Udall Scholarship and
Excellence in National Environmental Policy Trust Fund,
pursuant to the Morris K. Udall Scholarship and Excellence in
National Environmental and Native American Public Policy Act of
1992 (20 U.S.C. 5601 et seq.), $1,996,000, to remain available
until expended of which up to $50,000 shall be used to conduct
financial audits pursuant to the Accountability of Tax Dollars
Act of 2002 (Public Law 107-289) notwithstanding sections 8 and
9 of Public Law 102-259: Provided, That up to 60 percent of
such funds may be transferred by the Morris K. Udall
Scholarship and Excellence in National Environmental Policy
Foundation for the necessary expenses of the Native Nations
Institute.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $1,309,000, to remain
available until expended.
National Archives and Records Administration
OPERATING EXPENSES
For necessary expenses in connection with the
administration of the National Archives and Records
Administration (including the Information Security Oversight
Office) and archived Federal records and related activities, as
provided by law, and for expenses necessary for the review and
declassification of documents, and for the hire of passenger
motor vehicles, $256,700,000: Provided, That the Archivist of
the United States is authorized to use any excess funds
available from the amount borrowed for construction of the
National Archives facility, for expenses necessary to provide
adequate storage for holdings: Provided further, That, of the
funds provided in this paragraph, $600,000 shall be for the
preservation of the records of the Freedmen's Bureau.
ELECTRONIC RECORDS ARCHIVE
For necessary expenses in connection with the development
of an electronic records archive, to include all direct project
costs associated with research, analysis, design, development,
and program management, $35,914,000, of which $22,000,000 shall
remain available until September 30, 2006.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$13,708,000, to remain available until expended, of which
$500,000 is for the Military Personnel Records Center
requirements study, of which $2,250,000 is for land acquisition
for a site in Anchorage, Alaska to construct a new regional
archives and records facility and of which $5,000,000 is for
the repair and restoration of the plaza that surrounds the
Lyndon Baines Johnson Presidential Library and that is under
the joint control and custody of the University of Texas:
Provided, That such funds may be transferred directly to the
University and used, together with University funds, for repair
and restoration of the plaza and remain available until
expended for this purpose: Provided further, That the same
transfer authority shall extend to funds previously
appropriated in Public Law 108-7 for this purpose.
National Historical Publications and Records Commission
GRANTS PROGRAM
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, as amended, $10,000,000, to remain available until
expended.
Office of Government Ethics
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, as amended and the Ethics Reform Act of 1989,
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, and not to exceed $1,500 for
official reception and representation expenses, $10,738,000.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses to carry out functions of the Office
of Personnel Management pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
the Office of Personnel Management and the Federal Bureau of
Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
and/or subsistence allowances to employees where Voting Rights
Act activities require an employee to remain overnight at his
or her post of duty, $119,498,000, of which $2,000,000 shall
remain available until expended for the cost of the enterprise
human resources integration project, and $2,500,000 shall
remain available until expended for the cost of leading the
government-wide initiative to modernize the Federal payroll
systems and service delivery and $2,500,000 shall remain
available through September 30, 2005 to coordinate and conduct
program evaluation and performance measurement; and in addition
$135,914,000 for administrative expenses, to be transferred
from the appropriate trust funds of the Office of Personnel
Management without regard to other statutes, including direct
procurement of printed materials, for the retirement and
insurance programs, of which $36,700,000 shall remain available
until expended for the cost of automating the retirement
recordkeeping systems: Provided, That the provisions of this
appropriation shall not affect the authority to use applicable
trust funds as provided by sections 8348(a)(1)(B), 8909(g), and
9004(f)(1)(A) and (2)(A) of title 5, United States Code:
Provided further, That no part of this appropriation shall be
available for salaries and expenses of the Legal Examining Unit
of the Office of Personnel Management established pursuant to
Executive Order No. 9358 of July 1, 1943, or any successor unit
of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year
2004, accept donations of money, property, and personal
services in connection with the development of a publicity
brochure to provide information about the White House Fellows,
except that no such donations shall be accepted for travel or
reimbursement of travel expenses, or for the salaries of
employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act, as
amended, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $1,498,000, and in addition,
not to exceed $14,427,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH BENEFITS
For payment of Government contributions with respect to
retired employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849), as amended, such sums as may be
necessary.
GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE INSURANCE
For payment of Government contributions with respect to
employees retiring after December 31, 1989, as required by
chapter 87 of title 5, United States Code, such sums as may be
necessary.
PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND
For financing the unfunded liability of new and increased
annuity benefits becoming effective on or after October 20,
1969, as authorized by 5 U.S.C. 8348, and annuities under
special Acts to be credited to the Civil Service Retirement and
Disability Fund, such sums as may be necessary: Provided, That
annuities authorized by the Act of May 29, 1944, as amended,
and the Act of August 19, 1950, as amended (33 U.S.C. 771-775),
may hereafter be paid out of the Civil Service Retirement and
Disability Fund.
HUMAN CAPITAL PERFORMANCE FUND
(INCLUDING TRANSFER OF FUNDS)
For a human capital performance fund, $1,000,000: Provided,
That such amount shall not be available for obligation or
transfer until enactment of legislation that establishes a
human capital performance fund within the Office of Personnel
Management: Provided further, That such amounts as determined
by the Director of the Office of Personnel Management may be
transferred to Federal agencies to carry out the purposes of
this fund as authorized: Provided further, That no funds shall
be available for obligation or transfer to any Federal agency
until the Director has notified the relevant subcommittees of
jurisdiction of the Committees on Appropriations of the
approval of a performance pay plan for that agency, and the
prior approval of such subcommittees has been attained.
Office of Special Counsel
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), as amended, the Whistleblower Protection Act of 1989
(Public Law 101-12), as amended, Public Law 103-424, and the
Uniformed Services Employment and Reemployment Act of 1994
(Public Law 103-353), including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental
of conference rooms in the District of Columbia and elsewhere,
and hire of passenger motor vehicles; $13,504,000.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code,
$65,521,000, of which $36,521,000 shall not be available for
obligation until October 1, 2004: Provided, That mail for
overseas voting and mail for the blind shall continue to be
free: Provided further, That 6-day delivery and rural delivery
of mail shall continue at not less than the 1983 level:
Provided further, That none of the funds made available to the
Postal Service by this Act shall be used to implement any rule,
regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any
individual participating in a State or local program of child
support enforcement, a fee for information requested or
provided concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices in fiscal year 2004.
United States Tax Court
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $40,187,000:
Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
White House Commission on the National Moment of Remembrance
For necessary expenses of the White House Commission on the
National Moment of Remembrance, $250,000.
TITLE V--GENERAL PROVISIONS
This Act
(INCLUDING TRANSFERS OF FUNDS)
Sec. 501. During the current fiscal year applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries on
official department business; and uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 502. Such sums as may be necessary for fiscal year
2004 pay raises for programs funded in this Act shall be
absorbed within the levels appropriated in this Act or previous
appropriations Acts.
Sec. 503. Appropriations contained in this Act for the
Department of Transportation shall be available for services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 504. None of the funds in this Act shall be available
for salaries and expenses of more than 106 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this provision
may be assigned on temporary detail outside the Department of
Transportation.
Sec. 505. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 506. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 507. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 508. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Sec. 509. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for
a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State
is in noncompliance with this provision.
Sec. 510. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses
incurred for training may be credited respectively to the
Federal Highway Administration's ``Federal-Aid Highways''
account, the Federal Transit Administration's ``Transit
Planning and Research'' account, and to the Federal Railroad
Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant
to 49 U.S.C. 20105.
Sec. 511. Notwithstanding any other provision of law, rule
or regulation, the Secretary of Transportation is authorized to
allow the issuer of any preferred stock heretofore sold to the
Department to redeem or repurchase such stock upon the payment
to the Department of an amount determined by the Secretary.
Sec. 512. None of the funds in title I of this Act may be
used to make a grant unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations not
less than 3 full business days before any discretionary grant
award, letter of intent, or full funding grant agreement
totaling $1,000,000 or more is announced by the department or
its modal administrations from: (1) any discretionary grant
program of the Federal Highway Administration other than the
emergency relief program; (2) the airport improvement program
of the Federal Aviation Administration; or (3) any program of
the Federal Transit Administration other than the formula
grants and fixed guideway modernization programs: Provided,
That no notification shall involve funds that are not available
for obligation.
Sec. 513. For the purpose of any applicable law, for fiscal
year 2004, the city of Norman, Oklahoma, shall be considered to
be part of the Oklahoma City Transportation Management Area.
Sec. 514. None of the funds in title I of this Act may be
obligated for the Office of the Secretary of Transportation to
approve assessments or reimbursable agreements pertaining to
funds appropriated to the modal administrations in this Act,
except for activities underway on the date of enactment of this
Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 515. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 516. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are to
be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such funds
shall be available until expended.
Sec. 517. Funds provided in this Act for the Working
Capital Fund shall be reduced by $17,816,000, which limits
fiscal year 2004 Working Capital Fund obligational authority
for elements of the Department of Transportation funded in this
Act to no more than $98,899,000: Provided, That such reductions
from the budget request shall be allocated by the Department of
Transportation to each appropriations account in proportion to
the amount included in each account for the Working Capital
Fund.
Sec. 518. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by
the Department of Transportation in recovering improper
payments; and
(2) to pay contractors for services provided in
recovering improper payments: Provided, That amounts in
excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with
the appropriation from which the improper
payments were made, and shall be available for
the purposes and period for which such
appropriations are available; or
(B) if no such appropriation remains
available, shall be deposited in the Treasury
as miscellaneous receipts: Provided, That prior
to the transfer of any such recovery to an
appropriations account, the Secretary shall
notify the House and Senate Committees on
Appropriations of the amount and reasons for
such transfer: Provided further, That for
purposes of this section, the term ``improper
payments'', has the same meaning as that
provided in section 2(d)(2) of Public Law 107-
300.
Sec. 519. The Secretary of Transportation is authorized to
transfer the unexpended balances available for the bonding
assistance program from ``Office of the Secretary, Salaries and
expenses'' to ``Minority Business Outreach''.
Sec. 520. None of the funds made available by this Act
shall be available for any activity or for paying the salary of
any Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930.
Sec. 521. (a) In General.--The Secretary of
Transportation--
(1) shall, without regard to any fiscal year
limitation, maintain in full force and effect the
restrictions imposed under Federal Aviation
Administration Notices to Airmen FDC
3/2122, FDC 3/2123, and FDC 2/0199; and
(2) may not grant any waivers or exemptions from
such restrictions, except--
(A) as authorized by air traffic control
for operational or safety purposes;
(B) with respect to an event, stadium, or
other venue--
(i) for operational purposes;
(ii) for the transport of team
members, officials of the governing
body, and immediate family members and
guests of such team members and
officials to and from such event,
stadium, or venue;
(iii) in the case of a sporting
event, for the transport of equipment
or parts to and from such sporting
event;
(iv) to permit a broadcast rights
holder to provide broadcast coverage of
such event, stadium, or venue; and
(v) for safety and security
purposes related to such event,
stadium, or venue; and
(C) to allow the operation of an aircraft
in restricted airspace to the extent necessary
to arrive at or depart from an airport using
standard air traffic control procedures.
(b) Limitations on Use of Funds.--None of the funds
appropriated or otherwise made available by title I of this Act
may be obligated or expended to terminate or limit the
restrictions imposed under the Federal Aviation Administration
Notices to Airmen referred to in subsection (a), or to grant
waivers of, or exemptions from, such restrictions except as
provided under subsection (a)(2).
(c) Broadcast Contracts not Affected.--Nothing in this
section shall be construed to affect contractual rights
pertaining to any broadcasting agreement.
Sec. 522. No part of any appropriation contained in this
Act shall be available to pay the salary for any person filling
a position, other than a temporary position, formerly held by
an employee who has left to enter the Armed Forces of the
United States and has satisfactorily completed his period of
active military or naval service, and has within 90 days after
his release from such service or from hospitalization
continuing after discharge for a period of not more than 1
year, made application for restoration to his former position
and has been certified by the Office of Personnel Management as
still qualified to perform the duties of his former position
and has not been restored thereto.
Sec. 523. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections 2
through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy America Act'').
Sec. 524. (a) Purchase of American-Made Equipment and
Products.--Hereafter, in the case of any equipment or products
that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made equipment
and products.
(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the Secretary of the
Treasury shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
Sec. 525. Hereafter, if it has been finally determined by a
court or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, such person shall be ineligible to receive any contract
or subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 526. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2004 from appropriations
made available for salaries and expenses for fiscal year 2004
in this Act, shall remain available through September 30, 2005,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations for approval prior to the expenditure of such
funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 527. None of the funds made available in this Act may
be used by the Executive Office of the President to request
from the Federal Bureau of Investigation any official
background investigation report on any individual, except
when--
(1) such individual has given his or her express
written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) such request is required due to extraordinary
circumstances involving national security.
Sec. 528. The cost accounting standards promulgated under
section 26 of the Office of Federal Procurement Policy Act
(Public Law 93-400; 41 U.S.C. 422) shall not apply with respect
to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
Sec. 529. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office pursuant
to court approval.
Sec. 530. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 10a-10c).
Sec. 531. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 532. The provision of section 531 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act
of rape or incest.
Sec. 533. None of the funds provided in this Act, provided
by previous appropriations Acts to the agencies or entities
funded in this Act that remain available for obligation or
expenditure in fiscal year 2004, or provided from any accounts
in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or
activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific
activity by either the House or Senate Committees on
Appropriations for a different purpose;
(5) augments existing programs, projects, or
activities in excess of $5,000,000 or 10 percent,
whichever is greater; or
(6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is
greater,
unless prior approval is received from the House and Senate
Committees on Appropriations.
Sec. 534. None of the funds made available in this Act may
be used to require a State or local government to post a
traffic control device or variable message sign, or any other
type of traffic warning sign, in a language other than English,
except with respect to the names of cities, streets, places,
events, or signs related to an international border.
Sec. 535. Exemption From Limitations on Procurement of
Foreign Information Technology That Is a Commercial Item.--(a)
Exemption.--In order to promote Government access to commercial
information technology, the restriction on purchasing
nondomestic articles, materials, and supplies set forth in the
Buy American Act (41 U.S.C. 10a et seq.), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code, that is a commercial item (as defined in section
4(12) of the Office of Federal Procurement Policy Act (41
U.S.C. 403(12)).
(b) Definition.--Section 11101(6) of title 40, United
States Code, is amended--
(1) in subparagraph (A), by inserting after
``storage,'' the following: ``analysis, evaluation,'';
and
(2) in subparagraph (B), by striking ``ancillary
equipment,'' and inserting ``ancillary equipment
(including imaging peripherals, input, output, and
storage devices necessary for security and
surveillance), peripheral equipment designed to be
controlled by the central processing unit of a
computer,''.
Sec. 536. It is the sense of the House of Representatives
that empowerment zones within cities should have the necessary
flexibility to expand to include relevant communities so that
empowerment zone benefits are equitably distributed.
Sec. 537. It is the sense of the House of Representatives
that all census tracts contained in an empowerment zone, either
fully or partially, should be equitably accorded the same
benefits.
Sec. 538. None of the funds made available in this Act may
be used to finalize, implement, administer, or enforce--
(1) the proposed rule relating to the determination
that real estate brokerage is an activity that is
financial in nature or incidental to a financial
activity published in the Federal Register on January
3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section
1501.2 of title 12 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.
``(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. 450ssa-7) is
repealed.
Sec. 545. Notwithstanding any other provision of law, the
unobligated balance of funds made available to the District of
Columbia under item 70 in the table contained in section
1106(b)(2) of the Intermodal Surface Transportation Efficiency
Act of 1991 (Public Law 102-240; 105 Stat. 2047) and the
unobligated balance of funds made available to the District of
Columbia under item 554 of the table contained in section 1602
of the Transportation Equity Act for the 21st Century (Public
Law 105-178, as amended; 112 Stat. 277) shall be made available
to carry out a project for the replacement of the existing
bridge on Kenilworth Avenue over Nannie Helen Burroughs Avenue
and for a ferry and ferry facility project on the Anacostia
River.
Sec. 546. Section 345(6), Division I, of Public Law 108-7
is amended by adding at the end of the section the following
``In implementing section 345(6) the Secretary may also modify
the permitted uses of draws on the lines of credit to include
any repair and replacement costs.''.
Sec. 547. Notwithstanding any other provision of law,
projects and activities described in the statement of managers
accompanying this Act under the headings ``Federal-Aid
Highways'' and ``Federal Transit Administration'' shall be
eligible for fiscal year 2004 funds made available for the
program for which each project or activity is so designated and
projects and activities under the heading ``Job Access and
Reverse Commute Grants'' shall be awarded those grants upon
receipt of an application.
TITLE VI--GENERAL PROVISIONS
Departments, Agencies, and Corporations
Sec. 601. Funds appropriated in this or any other Act may
be used to pay travel to the United States for the immediate
family of employees serving abroad in cases of death or life
threatening illness of said employee.
Sec. 602. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2004 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act) by the officers and employees of such department, agency,
or instrumentality.
Sec. 603. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with section 16 of the Act of August 2, 1946 (60
Stat. 810), for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement, and
undercover surveillance vehicles), is hereby fixed at $8,100
except station wagons for which the maximum shall be $9,100:
Provided, That these limits may be exceeded by not to exceed
$3,700 for police-type vehicles, and by not to exceed $4,000
for special heavy-duty vehicles: Provided further, That the
limits set forth in this section may not be exceeded by more
than 5 percent for electric or hybrid vehicles purchased for
demonstration under the provisions of the Electric and Hybrid
Vehicle Research, Development, and Demonstration Act of 1976:
Provided further, That the limits set forth in this section may
be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost
of comparable conventionally fueled vehicles.
Sec. 604. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 605. Unless otherwise specified during the current
fiscal year, no part of any appropriation contained in this or
any other Act shall be used to pay the compensation of any
officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person in the
service of the United States on the date of the enactment of
this Act who, being eligible for citizenship, has filed a
declaration of intention to become a citizen of the United
States prior to such date and is actually residing in the
United States; (3) is a person who owes allegiance to the
United States; (4) is an alien from Cuba, Poland, South
Vietnam, the countries of the former Soviet Union, or the
Baltic countries lawfully admitted to the United States for
permanent residence; (5) is a South Vietnamese, Cambodian, or
Laotian refugee paroled in the United States after January 1,
1975; or (6) is a national of the People's Republic of China
who qualifies for adjustment of status pursuant to the Chinese
Student Protection Act of 1992: Provided, That for the purpose
of this section, an affidavit signed by any such person shall
be considered prima facie evidence that the requirements of
this section with respect to his or her status have been
complied with: Provided further, That any person making a false
affidavit shall be guilty of a felony, and, upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal
clause shall be in addition to, and not in substitution for,
any other provisions of existing law: Provided further, That
any payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government. This section shall not apply to
citizens of Ireland, Israel, or the Republic of the
Philippines, or to nationals of those countries allied with the
United States in a current defense effort, or to international
broadcasters employed by the United States Information Agency,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies.
Sec. 606. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 749), the Public
Buildings Amendments of 1972 (87 Stat. 216), or other
applicable law.
Sec. 607. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs. Such
funds shall be available until expended for the following
purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive Order
No. 13101 (September 14, 1998), including any such
programs adopted prior to the effective date of the
Executive order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 608. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 609. No part of any appropriation for the current
fiscal year contained in this or any other Act shall be paid to
any person for the filling of any position for which he or she
has been nominated after the Senate has voted not to approve
the nomination of said person.
Sec. 610. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of
boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 611. Funds made available by this or any other Act to
the Postal Service Fund (39 U.S.C. 2003) shall be available for
employment of guards for all buildings and areas owned or
occupied by the Postal Service and under the charge and control
of the Postal Service, and such guards shall have, with respect
to such property, the powers of special policemen provided by
the first section of the Act of June 1, 1948, as amended (62
Stat. 281; 40 U.S.C. 318), and, as to property owned or
occupied by the Postal Service, the Postmaster General may take
the same actions as the Administrator of General Services may
take under the provisions of sections 2 and 3 of the Act of
June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a and
318b), attaching thereto penal consequences under the authority
and within the limits provided in section 4 of the Act of June
1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c).
Sec. 612. None of the funds made available pursuant to the
provisions of this Act shall be used to implement, administer,
or enforce any regulation which has been disapproved pursuant
to a resolution of disapproval duly adopted in accordance with
the applicable law of the United States.
Sec. 613. (a) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of
any of the funds appropriated for fiscal year 2004, by this or
any other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States
Code--
(1) during the period from the date of expiration
of the limitation imposed by the comparable section for
previous fiscal years until the normal effective date
of the applicable wage survey adjustment that is to
take effect in fiscal year 2004, in an amount that
exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with
such section; and
(2) during the period consisting of the remainder
of fiscal year 2004, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under paragraph (1) by more than the sum of--
(A) the percentage adjustment taking effect
in fiscal year 2004 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(B) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2004 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in the previous fiscal year
under such section.
(b) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which subsection (a) is in effect at a
rate that exceeds the rates that would be payable under
subsection (a) were subsection (a) applicable to such employee.
(c) For the purposes of this section, the rates payable to
an employee who is covered by this section and who is paid from
a schedule not in existence on September 30, 2003, shall be
determined under regulations prescribed by the Office of
Personnel Management.
(d) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this section may not be
changed from the rates in effect on September 30, 2003, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this section.
(e) This section shall apply with respect to pay for
service performed after September 30, 2003.
(f) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this section shall be treated as the rate of
salary or basic pay.
(g) Nothing in this section shall be considered to permit
or require the payment to any employee covered by this section
at a rate in excess of the rate that would be payable were this
section not in effect.
(h) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this section if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
Sec. 614. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such
department head, agency head, officer, or employee, or to
purchase furniture or make improvements for any such office,
unless advance notice of such furnishing or redecoration is
expressly approved by the Committees on Appropriations. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 615. Notwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of national security and
emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 12472 (April 3, 1984).
Sec. 616. (a) None of the funds appropriated by this or any
other Act may be obligated or expended by any Federal
department, agency, or other instrumentality for the salaries
or expenses of any employee appointed to a position of a
confidential or policy-determining character excepted from the
competitive service pursuant to section 3302 of title 5, United
States Code, without a certification to the Office of Personnel
Management from the head of the Federal department, agency, or
other instrumentality employing the Schedule C appointee that
the Schedule C position was not created solely or primarily in
order to detail the employee to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed services detailed to
or from--
(1) the Central Intelligence Agency;
(2) the National Security Agency;
(3) the Defense Intelligence Agency;
(4) the offices within the Department of Defense
for the collection of specialized national foreign
intelligence through reconnaissance programs;
(5) the Bureau of Intelligence and Research of the
Department of State;
(6) any agency, office, or unit of the Army, Navy,
Air Force, and Marine Corps, the Department of Homeland
Security, the Federal Bureau of Investigation and the
Drug Enforcement Administration of the Department of
Justice, the Department of Transportation, the
Department of the Treasury, and the Department of
Energy performing intelligence functions; and
(7) the Director of Central Intelligence.
Sec. 617. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for the current fiscal year shall obligate or expend
any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all of
its workplaces are free from discrimination and sexual
harassment and that all of its workplaces are not in violation
of title VII of the Civil Rights Act of 1964, as amended, the
Age Discrimination in Employment Act of 1967, and the
Rehabilitation Act of 1973.
Sec. 618. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance of efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as
described in paragraph (1).
Sec. 619. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 620. No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement
does not contain the following provisions: ``These restrictions
are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or
liabilities created by Executive Order No. 12958; section 7211
of title 5, United States Code (governing disclosures to
Congress); section 1034 of title 10, United States Code, as
amended by the Military Whistleblower Protection Act (governing
disclosure to Congress by members of the military); section
2302(b)(8) of title 5, United States Code, as amended by the
Whistleblower Protection Act (governing disclosures of
illegality, waste, fraud, abuse or public health or safety
threats); the Intelligence Identities Protection Act of 1982
(50 U.S.C. 421 et seq.) (governing disclosures that could
expose confidential Government agents); and the statutes which
protect against disclosure that may compromise the national
security, including sections 641, 793, 794, 798, and 952 of
title 18, United States Code, and section 4(b) of the
Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The
definitions, requirements, obligations, rights, sanctions, and
liabilities created by said Executive order and listed statutes
are incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding paragraph, a
nondisclosure policy form or agreement that is to be executed
by a person connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain provisions
appropriate to the particular activity for which such document
is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified
information received in the course of such activity unless
specifically authorized to do so by the United States
Government. Such nondisclosure forms shall also make it clear
that they do not bar disclosures to Congress or to an
authorized official of an executive agency or the Department of
Justice that are essential to reporting a substantial violation
of law.
Sec. 621. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 622. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 623. None of the funds made available in this Act or
any other Act may be used to provide any non-public information
such as mailing or telephone lists to any person or any
organization outside of the Federal Government without the
approval of the Committees on Appropriations.
Sec. 624. No part of any appropriation contained in this or
any other Act shall be used for publicity or propaganda
purposes within the United States not heretofore authorized by
the Congress.
Sec. 625. (a) In this section the term ``agency''--
(1) means an Executive agency as defined under
section 105 of title 5, United States Code;
(2) includes a military department as defined under
section 102 of such title, the Postal Service, and the
Postal Rate Commission; and
(3) shall not include the General Accounting
Office.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under section 6301(2) of title
5, United States Code, has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in
the performance of official duties.
Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Joint Financial Management Improvement Program
(JFMIP), shall be available to finance an appropriate share of
JFMIP administrative costs, as determined by the JFMIP, but not
to exceed a total of $800,000 including the salary of the
Executive Director and staff support.
Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of
this Act, the head of each Executive department and agency is
hereby authorized to transfer to or reimburse the ``Policy and
Citizen Services'' account, General Services Administration,
with the approval of the Director of the Office of Management
and Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts. These funds shall be administered by the
Administrator of General Services to support Government-wide
financial, information technology, procurement, and other
management innovations, initiatives, and activities, as
approved by the Director of the Office of Management and
Budget, in consultation with the appropriate interagency groups
designated by the Director (including the Chief Financial
Officers Council and the Joint Financial Management Improvement
Program for financial management initiatives, the Chief
Information Officers Council for information technology
initiatives, and the Procurement Executives Council for
procurement initiatives). The total funds transferred or
reimbursed shall not exceed $17,000,000. Such transfers or
reimbursements may only be made 15 days following notification
of the Committees on Appropriations by the Director of the
Office of Management and Budget.
Sec. 628. None of the funds made available in this or any
other Act may be used by the Office of Personnel Management or
any other department or agency of the Federal Government to
prohibit any agency from using appropriated funds as they see
fit to independently contract with private companies to provide
online employment applications and processing services.
Sec. 629. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 630. Nothwithstanding section 1346 of title 31, United
States Code, or section 610 of this Act, funds made available
for the current fiscal year by this or any other Act shall be
available for the interagency funding of specific projects,
workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit
multiple Federal departments, agencies, or entities: Provided,
That the Office of Management and Budget shall provide a report
describing the budget of and resources connected with the
National Science and Technology Council to the Committees on
Appropriations, the House Committee on Science; and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 631. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
indicate the agency providing the funds, the Catalog of Federal
Domestic Assistance Number, as applicable, and the amount
provided. This provision shall apply to direct payments,
formula funds, and grants received by a State receiving Federal
funds.
Sec. 632. Subsection (f) of section 403 of Public Law 103-
356 (31 U.S.C. 501 note) is amended by striking ``October 1,
2003'' and inserting ``October 1, 2004''.
Sec. 633. (a) Prohibition of Federal Agency Monitoring of
Personal Information on Use of Internet.--None of the funds
made available in this or any other Act may be used by any
Federal agency--
(1) to collect, review, or create any aggregate
list, derived from any means, that includes the
collection of any personally identifiable information
relating to an individual's access to or use of any
Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregate list, derived from any
means, that includes the collection of any personally
identifiable information relating to an individual's
access to or use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement,
regulatory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1) that
is a system security action taken by the operator of an
Internet site and is necessarily incident to the
rendition of the Internet site services or to the
protection of the rights or property of the provider of
the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 634. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 635. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official anti-
doping agency for Olympic, Pan American, and Paralympic sport
in the United States.
Sec. 636. Not later than 6 months after the date of
enactment of this Act, the Inspector General of each applicable
department or agency shall submit to the Committee on
Appropriations a report detailing what policies and procedures
are in place for each department or agency to give first
priority to the location of new offices and other facilities in
rural areas, as directed by the Rural Development Act of 1972.
Sec. 637. None of the funds made available under this or
any other Act for fiscal year 2004 shall be expended for the
purchase of a product or service offered by Federal Prison
Industries, Inc. unless the agency making such purchase
determines that such offered product or service provides the
best value to the buying agency pursuant to 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;
(5) the incremental cost directly attributable to
conducting the competitions identified under paragraphs
(1) and (2), including costs attributable to paying
outside consultants and contractors;
(6) an estimate of the total anticipated savings,
or a quantifiable description of improvements in
service or performance, derived from completed
competitions;
(7) actual savings, or a quantifiable description
of improvements in service or performance, derived from
the implementation of competitions completed after May
29, 2003;
(8) the total projected number (expressed as a
full-time employee equivalent number) of the Federal
employees that are to be covered by competitions
scheduled to be announced in the fiscal year covered by
the next report required under this section; and
(9) a general description of how the competitive
sourcing decisionmaking processes of the executive
agency are aligned with the strategic workforce plan of
that executive agency.
(c) The head of an executive agency may not be required,
under Office of Management and Budget Circular A-76 or any
other policy, directive, or regulation, to automatically limit
to 5 years or less the performance period in a letter of
obligation, or other agreement, issued to executive agency
employees, if such a letter or other agreement was issued as
the result of a public-private competition conducted in
accordance with the circular.
(d) Hereafter, the head of an executive agency may expend
funds appropriated or otherwise made available for any purpose
to the executive agency under this or any other Act to monitor
(in the administration of responsibilities under Office of
Management and Budget Circular A-76 or any related policy,
directive, or regulation) the performance of an activity or
function of the executive agency that has previously been
subjected to a public-private competition under such circular.
(e) An activity or function of an executive agency that is
converted to contractor performance under Office of Management
and Budget Circular A-76 may not be performed by the contractor
at a location outside the United States except to the extent
that such activity or function was previously performed by
Federal Government employees outside the United States.
(f) In this section, the term ``executive agency'' has the
meaning given such term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
Sec. 648. Notwithstanding section 1346 of title 31, United
States Code, and section 610 of this Act, the head of each
executive department and agency shall transfer to or reimburse
the Federal Aviation Administration, with the approval of the
Director of the Office of Management and Budget, funds made
available by this or any other Act for the purposes described
below, and shall submit budget requests for such purposes.
These funds shall be administered by the Federal Aviation
Administration as approved by the Director of the Office of
Management and Budget, in consultation with the appropriate
interagency groups designated by the Director to ensure the
operation of the Midway Atoll Airfield by the Federal Aviation
Administration pursuant to an operational agreement with the
Department of the Interior. The total funds transferred or
reimbursed shall not exceed $6,000,000 and shall not be
available for activities other than the operation of the
airfield. The Director of the Office of Management and Budget
shall notify the Committees on Appropriations of such transfers
or reimbursements within 15 days of this Act. Such transfers or
reimbursements shall begin within 30 days of enactment of this
Act.
This division may be cited as the ``Transportation,
Treasury, and Independent Agencies Appropriations Act, 2004''.
DIVISION G--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004
AN ACT
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes.
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments of
Veterans Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions, corporations,
and offices for the fiscal year ending September 30, 2004, and
for other purposes, namely:
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53,
55, and 61); pension benefits to or on behalf of veterans as
authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 61;
92 Stat. 2508); and burial benefits, emergency and other
officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of article
IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 540 et seq.) and for other benefits as authorized
by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51,
53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45
Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain available
until expended: Provided, That not to exceed $17,056,000 of the
amount appropriated under this heading shall be reimbursed to
``General operating expenses'' and ``Medical services'' for
necessary expenses in implementing those provisions authorized
in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and
55), the funding source for which is specifically provided as
the ``Compensation and pensions'' appropriation: Provided
further, That such sums as may be earned on an actual
qualifying patient basis, shall be reimbursed to ``Medical
facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C.
chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61),
$2,529,734,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
section 3104(a) of title 38, United States Code, other than
under subsection (a)(1), (2), (5), and (11) of that section,
shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized
by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 487,
$29,017,000, to remain available until expended.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by 38
U.S.C. chapter 37, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That during fiscal year 2004, within
the resources available, not to exceed $300,000 in gross
obligations for direct loans are authorized for specially
adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $154,850,000, which may be
transferred to and merged with the appropriation for ``General
operating expenses''.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $1,000, as authorized by 38
U.S.C. 3698, as amended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize gross obligations for the principal amount of direct
loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry
out the direct loan program, $70,000, which may be transferred
to and merged with the appropriation for ``General operating
expenses''.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $52,000, as authorized by 38
U.S.C. chapter 31, as amended: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That funds made available under this
heading are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $3,938,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $300,000, which may be transferred
to and merged with the appropriation for ``General operating
expenses''.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct loan
program authorized by 38 U.S.C. chapter 37, subchapter V, as
amended, $571,000, which may be transferred to and merged with
the appropriation for ``General operating expenses'': Provided,
That no new loans in excess of $50,000,000 may be made in
fiscal year 2004.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C.
chapter 37, subchapter VI, not to exceed $600,000 of the
amounts appropriated by this Act for ``General operating
expenses'' and ``Medical services'' may be expended.
Veterans Health Administration
MEDICAL SERVICES
For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in paragraphs (1) through (8) of section
1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the
department and including medical supplies and equipment and
salaries and expenses of health-care employees hired under
title 38, United States Code, and aid to State homes as
authorized by section 1741 of title 38, United States Code;
$17,867,220,000, plus reimbursements: Provided, That of the
funds made available under this heading, not to exceed
$1,100,000,000 shall be available until September 30, 2005:
Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall establish a
priority for treatment for veterans who are service-connected
disabled, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for
the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further, That
of the funds made available under this heading, the Secretary
may transfer up to $400,000,000 to ``Construction, major
projects'' for purposes of implementing CARES subject to a
determination by the Secretary that such funds will improve
access and quality of veteran's health care needs: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration
facilities to enrolled veterans with privately written
prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the
program described in the previous proviso shall incur no
additional cost to the Department of Veterans Affairs.
MEDICAL ADMINISTRATION
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities; information technology hardware and software;
uniforms or allowances therefor, as authorized by sections
5901-5902 of title 5, United States Code; and administrative
and legal expenses of the department for collecting and
recovering amounts owed the department as authorized under
chapter 17 of title 38, United States Code, and the Federal
Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$5,000,000,000, of which $150,000,000 shall be available until
September 30, 2005, plus reimbursements.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities for the Veterans Health Administration;
for administrative expenses in support of planning, design,
project management, real property acquisition and disposition,
construction and renovation of any facility under the
jurisdiction or for the use of the department; for oversight,
engineering and architectural activities not charged to project
costs; for repairing, altering, improving or providing
facilities in the several hospitals and homes under the
jurisdiction of the department, not otherwise provided for,
either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for
laundry and food services, $4,000,000,000, of which
$150,000,000 shall be available until September 30, 2005.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, to remain available
until September 30, 2005, $408,000,000, plus reimbursements.
Departmental Administration
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of department-wide capital
planning, management and policy activities, uniforms or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services
Administration for security guard services, and the Department
of Defense for the cost of overseas employee mail,
$1,283,272,000: Provided, That expenses for services and
assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5), and
(11) that the Secretary determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to
become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,005,000,000: Provided further, That of the
funds made available under this heading, not to exceed
$66,000,000 shall be available for obligation until September
30, 2005: Provided further, That from the funds made available
under this heading, the Veterans Benefits Administration may
purchase up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $144,203,000: Provided, That
of the funds made available under this heading, not to exceed
$7,200,000 shall be available until September 30, 2005.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $62,000,000, to remain available until
September 30, 2005.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving any of
the facilities including parking projects under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of
title 38, United States Code, including planning, architectural
and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more than
the amount set forth in 38 U.S.C. 8104(a)(3)(A) or where funds
for a project were made available in a previous major project
appropriation, $272,690,000, to remain available until
expended, of which $181,000,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities; and of
which $10,000,000 shall be to make reimbursements as provided
in 41 U.S.C. 612 for claims paid for contract disputes:
Provided, That except for advance planning activities,
including needs assessments which may or may not lead to
capital investments, and other capital asset management related
activities, such as portfolio development and management
activities, and investment strategy studies funded through the
advance planning fund and the planning and design activities
funded through the design fund and CARES funds, including needs
assessments which may or may not lead to capital investments,
none of the funds appropriated under this heading shall be used
for any project which has not been approved by the Congress in
the budgetary process: Provided further, That funds provided in
this appropriation for fiscal year 2004, for each approved
project (except those for CARES activities referenced above)
shall be obligated: (1) by the awarding of a construction
documents contract by September 30, 2004; and (2) by the
awarding of a construction contract by September 30, 2005:
Provided further, That the Secretary of Veterans Affairs shall
promptly report in writing to the Committees on Appropriations
any approved major construction project in which obligations
are not incurred within the time limitations established above.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities including parking projects under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering
services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or
for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is
equal to or less than the amount set forth in 38 U.S.C.
8104(a)(3)(A), $252,144,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in 38 U.S.C.
8104(a)(3)(A), of which $40,000,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities: Provided,
That from amounts appropriated under this heading, additional
amounts may be used for CARES activities upon notification of
and approval by the Committees on Appropriations: Provided
further, That funds in this account shall be available for: (1)
repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the department which are
necessary because of loss or damage caused by any natural
disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel, modify
or alter existing hospital, nursing home and domiciliary
facilities in State homes, for furnishing care to veterans as
authorized by 38 U.S.C. 8131-8137, $102,100,000, to remain
available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by 38 U.S.C.
2408, $32,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING RESCISSION OF FUNDS)
Sec. 101. Any appropriation for fiscal year 2004 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred to
any other of the mentioned appropriations.
Sec. 102. Appropriations available to the Department of
Veterans Affairs for fiscal year 2004 for salaries and expenses
shall be available for services authorized by 5 U.S.C. 3109
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized by
5 U.S.C. 5901-5902.
Sec. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for
``Construction, major projects'', ``Construction, minor
projects'', and the ``Parking revolving fund'') shall be
available for the purchase of any site for or toward the
construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
examination of any persons (except beneficiaries entitled under
the laws bestowing such benefits to veterans, and persons
receiving such treatment under 5 U.S.C. 7901-7904 or 42 U.S.C.
5141-5204), unless reimbursement of cost is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2004 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans insurance
and indemnities'' shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of
fiscal year 2003.
Sec. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 2004 shall be
available to pay prior year obligations of corresponding prior
year appropriations accounts resulting from title X of the
Competitive Equality Banking Act, Public Law 100-86, except
that if such obligations are from trust fund accounts they
shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law,
during fiscal year 2004, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38 U.S.C.
1920), the Veterans' Special Life Insurance Fund (38 U.S.C.
1923), and the United States Government Life Insurance Fund (38
U.S.C. 1955), reimburse the ``General operating expenses''
account for the cost of administration of the insurance
programs financed through those accounts: Provided, That
reimbursement shall be made only from the surplus earnings
accumulated in an insurance program in fiscal year 2004 that
are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set
aside: Provided further, That if the cost of administration of
an insurance program exceeds the amount of surplus earnings
accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That
the Secretary shall determine the cost of administration for
fiscal year 2004 which is properly allocable to the provision
of each insurance program and to the provision of any total
disability income insurance included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise
Fund pilot program authorized to be established by section 403
of Public Law 103-356 until October 1, 2004: Provided, That the
Franchise Fund, established by title I of Public Law 104-204 to
finance the operations of the Franchise Fund pilot program,
shall continue until October 1, 2004.
Sec. 109. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which the
proceeds are received.
Sec. 110. Funds available in any Department of Veterans
Affairs appropriation for fiscal year 2004 or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management and
the Office of Employment Discrimination Complaint Adjudication
for all services provided at rates which will recover actual
costs but not exceed $29,318,000 for the Office of Resolution
Management and $3,059,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments
may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall
be credited to ``General operating expenses'' for use by the
office that provided the service.
Sec. 111. No appropriations in this Act for the Department
of Veterans Affairs shall be available to enter into any new
lease of real property if the estimated annual rental is more
than $300,000 unless the Secretary submits a report which the
Committees on Appropriations of the Congress approve within 30
days following the date on which the report is received.
Sec. 112. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
treatment of any person by reason of eligibility under section
1710(a)(3) of title 38, United States Code, unless that person
has disclosed to the Secretary of Veterans Affairs, in such
form as the Secretary may require--
(1) current, accurate third-party reimbursement
information for purposes of section 1729 of such title;
and
(2) annual income information for purposes of
section 1722 of such title.
Sec. 113. Of the amounts provided in this Act, $25,000,000
shall be for information technology initiatives to support the
enterprise architecture of the Department of Veterans Affairs.
Sec. 114. None of the funds in this Act may be used to
implement sections 2 and 5 of Public Law 107-287.
Sec. 115. Receipts that would otherwise be credited to the
Veterans Extended Care Revolving Fund, the Medical Facilities
Revolving Fund, the Special Therapeutic and Rehabilitation
Fund, the Nursing Home Revolving Fund, the Veterans Health
Services Improvement Fund, and the Parking Revolving Fund shall
be deposited into the Medical Care Collections Fund, and shall
be transferred to ``Medical services'', to remain available
until expended, to carry out the purposes of ``Medical
services''.
Sec. 116. (a) The Secretary of Veterans Affairs shall
conduct by contract a program of recovery audits for the fee
basis and other medical services contracts with respect to
payments for hospital care. Notwithstanding section 3302(b) of
title 31, United States Code, amounts collected, by setoff or
otherwise, as the result of such audits shall be available,
without fiscal year limitation, for the purposes for which
funds are appropriated under ``Medical services'' and the
purposes of paying a contractor a percent of the amount
collected as a result of an audit carried out by the
contractor.
(b) All amounts so collected under subsection (a) with
respect to a designated health care region (as that term is
defined in section 1729A(d)(2) of title 38, United States Code)
shall be allocated, net of payments to the contractor, to that
region.
Sec. 117. Notwithstanding any other provision of law, at
the discretion of the Secretary of Veterans Affairs, proceeds
or revenues derived from enhanced-use leasing activities
(including disposal) that are deposited into the Medical Care
Collections Fund may be transferred and merged with
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations and improvements
of any medical facility under the jurisdiction or for the use
of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction,
major projects'' and ``Construction, minor projects''.
Sec. 118. Amounts made available under ``Medical services''
are available--
(1) for furnishing recreational facilities,
supplies, and equipment; and
(2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the department.
Sec. 119. That such sums as may be deposited to the Medical
Care Collections Fund pursuant to 38 U.S.C. 1729A may be
transferred to ``Medical services'', to remain available until
expended for the purposes of this account.
Sec. 120. Amounts made available for fiscal year 2004 under
the ``Medical services'', ``Medical administration'', and
``Medical facilities'' accounts may be transferred between the
accounts to the extent necessary to implement the restructuring
of the Veterans Health Administration accounts after notice of
the amount and purpose of the transfer is provided to the
Committees on Appropriations of the Senate and House of
Representatives and a period of 30 days has elapsed: Provided,
That the limitation on transfers is 20 percent in fiscal year
2004.
Sec. 121. The Department of Veterans Affairs shall
implement the Veterans Health Administration account structure
described under this Act by no later than 90 days after the
date of enactment of this Act and shall submit its fiscal year
2005 budget justifications using the identical structure
provided under this Act.
Sec. 122. That of the unobligated balances remaining from
prior year recoveries under the heading ``Medical care'',
$270,000,000 are rescinded.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
HOUSING CERTIFICATE FUND
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For activities and assistance under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (``the
Act'' herein), not otherwise provided for, $19,371,481,762, and
amounts that are recaptured in this account, to remain
available until expended: Provided, That of the amounts made
available under this heading, $15,171,481,762 and the
aforementioned recaptures shall be available on October 1, 2003
and $4,200,000,000 shall be available on October 1, 2004:
Provided further, That amounts made available under this
heading are provided as follows:
(1) $17,635,130,745 for expiring or terminating
section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for
amendments to section 8 project-based subsidy
contracts, for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance
Act, for the renewal of section 8 contracts for units
in projects that are subject to approved plans of
action under the Emergency Low Income Housing
Preservation Act of 1987 or the Low-Income Housing
Preservation and Resident Homeownership Act of 1990,
and for renewals of expiring section 8 tenant-based
annual contributions contracts (including amendments
and renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t)
of the Act (42 U.S.C. 1437f(t))): Provided, That
notwithstanding any other provision of law, the
Secretary shall renew expiring section 8 tenant-based
annual contributions contracts for each public housing
agency, (including for agencies participating in the
Moving to Work demonstration, unit months representing
section 8 tenant-based assistance funds committed by
the public housing agency for specific purposes, other
than reserves, that are authorized pursuant to any
agreement and conditions entered into under such
demonstration, and utilized in compliance with any
applicable program obligation deadlines) based on the
total number of unit months which were under lease as
reported on the most recent end-of-year financial
statement submitted by the public housing agency to the
Department, or as adjusted by such additional
information submitted by the public housing agency to
the Secretary as of August 1, 2003 (subject to
verification), and by applying an inflation factor
based on local or regional factors to the actual per
unit cost: Provided further, That none of the funds
made available in this paragraph may be used to support
a total number of unit months under lease which exceeds
a public housing agency's authorized level of units
under contract;
(2) $136,846,017 for a central fund to be allocated
by the Secretary for amendments to section 8 tenant-
based annual contributions contracts for such purposes
set forth in this paragraph: Provided, That subject to
the following proviso, the Secretary may use amounts
made available in such fund, as necessary, for an
increase in the total number of unit months under lease
as compared to the number of unit months under lease as
of August 1, 2003, provided for by the annual
contributions contract: Provided further, That if a
public housing agency, at any point in time during
their fiscal year, has obligated the amounts made
available to such agency pursuant to paragraph (1)
under this heading for the renewal of expiring section
8 tenant-based annual contributions contracts, and if
such agency has expended 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 training and cost of necessary travel for
participants in such training, by or to officials and employees
of the department and of public housing agencies and to
residents: Provided, That none of such funds shall be used
directly or indirectly by granting competitive advantage in
awards to settle litigation or pay judgments, unless expressly
permitted herein.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFERS OF FUNDS)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $654,100,000, to remain available until
expended, of which $2,200,000 shall be contracted through the
Secretary as technical assistance and capacity building to be
used by the National American Indian Housing Council in support
of the implementation of NAHASDA; of which $4,500,000 shall be
to support the inspection of Indian housing units, contract
expertise, training, and technical assistance in the training,
oversight, and management of Indian housing and tenant-based
assistance, including up to $300,000 for related travel; and of
which no less than $2,720,000 shall be transferred to the
Working Capital Fund for development of and modifications to
information technology systems which serve programs or
activities under ``Public and Indian housing'': Provided, That
of the amount provided under this heading, $2,000,000 shall be
made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such
notes and other obligations, shall be as defined in section 502
of the Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part
of which is to be guaranteed, not to exceed $16,658,000:
Provided further, That for administrative expenses to carry out
the guaranteed loan program, up to $150,000 from amounts in the
first proviso, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses'', to be used
only for the administrative costs of these guarantees.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,300,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$197,243,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the
first paragraph, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses'', to be used
only for the administrative costs of these guarantees.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,035,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, not to exceed
$39,712,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the
first paragraph, which shall be transferred to and merged with
the appropriation for ``Salaries and expenses'', to be used
only for the administrative costs of these guarantees.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity Act
(42 U.S.C. 12901 et seq.), $296,500,000, to remain available
until September 30, 2005: Provided, That the Secretary shall
renew all expiring contracts for permanent supportive housing
that were funded under section 854(c)(3) of such Act that meet
all program requirements before awarding funds for new
contracts and activities authorized under this section:
Provided further, That the Secretary may use up to $2,500,000
of the funds under this heading for training, oversight, and
technical assistance activities.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
For the Office of Rural Housing and Economic Development in
the Department of Housing and Urban Development, $25,000,000 to
remain available until expended, which amount shall be
competitively awarded by June 1, 2004, to Indian tribes, State
housing finance agencies, State community and/or economic
development agencies, local rural nonprofits and community
development corporations to support innovative housing and
economic development activities in rural areas.
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES
For grants in connection with a second round of empowerment
zones and enterprise communities, $15,000,000, to remain
available until September 30, 2005, for ``Urban Empowerment
Zones'', as authorized in section 1391(g) of the Internal
Revenue Code of 1986 (26 U.S.C. 1391(g)), including $1,000,000
for each empowerment zone for use in conjunction with economic
development activities consistent with the strategic plan of
each empowerment zone.
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFERS OF FUNDS)
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,950,000,000, to remain
available until September 30, 2006: Provided, That of the
amount provided, $4,356,550,000 is for carrying out the
community development block grant program under title I of the
Housing and Community Development Act of 1974, as amended (the
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further,
That unless explicitly provided for under this heading (except
for planning grants provided in the third paragraph and amounts
made available in the second paragraph), not to exceed 20
percent of any grant made with funds appropriated under this
heading (other than a grant made available in this paragraph to
the Housing Assistance Council or the National American Indian
Housing Council, or a grant using funds under section 107(b)(3)
of the Act) shall be expended for planning and management
development and administration: Provided further, That
$72,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act; $3,300,000 shall
be for a grant to the Housing Assistance Council; $2,500,000
shall be for a grant to the National American Indian Housing
Council; $5,000,000 shall be available as a grant to the
National Housing Development Corporation, for operating
expenses not to exceed $2,000,000 and for a program of
affordable housing acquisition and rehabilitation; $5,000,000
shall be available as a grant to the National Council of La
Raza for the HOPE Fund, of which $500,000 is for technical
assistance and fund management, and $4,500,000 is for
investments in the HOPE Fund and financing to affiliated
organizations; $52,000,000 shall be for grants pursuant to
section 107 of the Act, of which $9,500,000 shall be for the
Native Hawaiian block grant authorized under title VIII of the
Native American Housing Assistance and Self-Determination Act
of 1996; no less than $4,900,000 shall be transferred to the
Working Capital Fund for the development of and modification to
information technology systems which serve programs or
activities under ``Community planning and development'';
$27,000,000 shall be for grants pursuant to the Self Help
Homeownership Opportunity Program; $34,750,000 shall be for
capacity building, of which $30,000,000 shall be for Capacity
Building for Community Development and Affordable Housing for
LISC and the Enterprise Foundation for activities as authorized
by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), as in effect immediately before June 12, 1997, with
not less than $5,000,000 of the funding to be used in rural
areas, including tribal areas, and of which $4,750,000 shall be
for capacity building activities administered by Habitat for
Humanity International; $65,000,000 shall be available for
YouthBuild program activities authorized by subtitle D of title
IV of the Cranston-Gonzalez National Affordable Housing Act, as
amended, and such activities shall be an eligible activity with
respect to any funds made available under this heading:
Provided, That local YouthBuild programs that demonstrate an
ability to leverage private and nonprofit funding shall be
given a priority for YouthBuild funding: Provided further, That
no more than 10 percent of any grant award under the YouthBuild
program may be used for administrative costs: Provided further,
That of the amount made available for YouthBuild not less than
$10,000,000 is for grants to establish YouthBuild programs in
underserved and rural areas and $2,000,000 is to be made
available for a grant to YouthBuild USA for capacity building
for community development and affordable housing activities as
specified in section 4 of the HUD Demonstration Act of 1993, as
amended.
Of the amount made available under this heading,
$44,000,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in areas
with population outmigration or a stagnating or declining
economic base, or to determine whether housing benefits can be
integrated more effectively with welfare reform initiatives:
Provided, That amounts made available under this paragraph
shall be provided in accordance with the terms and conditions
specified in the joint explanatory statement of the managers
accompanying this Act.
Of the amount made available under this heading,
$278,000,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the joint explanatory statement of the
managers accompanying this Act: Provided, That none of the
funds provided under this paragraph may be used for program
operations.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended with respect to
the amount made available to the North Carolina Community Land
Trust Initiative by striking ``North Carolina Community Land
Trust Initiative'' and inserting ``Orange Community Housing and
Land Trust''.
The referenced statement of the managers under this heading
in Public Law 107-73 is deemed to be amended with respect to
the amount made available to the Willacy County Boys and Girls
Club in Willacy County, Texas by striking ``Willacy County Boys
and Girls Club in Willacy County, Texas'' and inserting
``Willacy County, Texas''.
The referenced statement of the managers under this heading
in title II of division K of the Consolidated Appropriations
Resolution, 2003 (Public Law 108-7; 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 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 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.
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 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) 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 $11,225,000
shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C.
12853 et seq.), of which $3,000,000 shall be available for
challenge grants to non-profit organizations: Provided further,
That notwithstanding subtitle H of title I of the Act (42
U.S.C. 12853), none of the funds provided under the previous
proviso shall be used to support salaries and related expenses
(including travel) attributable to Corporation employees:
Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be
provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that
priority is given to programs that demonstrate quality,
innovation, replicability, and sustainability: Provided
further, That not less than $25,000,000 of the funds made
available under this heading shall be available for the
Civilian Community Corps authorized under subtitle E of title I
of the Act (42 U.S.C. 12611 et seq.): Provided further, That
not more than $43,000,000 shall be available for school-based
and community-based service-learning programs authorized under
subtitle B of title I of the Act (42 U.S.C. 12521 et seq.):
Provided further, That not more than $3,000,000 shall be
available for audits and other evaluations authorized under
section 179 of the Act (42 U.S.C. 12639): Provided further,
That not more than $10,000,000 of the funds made available
under this heading shall be made available for the Points of
Light Foundation for activities authorized under title III of
the Act (42 U.S.C. 12661 et seq.), of which not more than
$2,500,000 may be used to support an endowment fund, the corpus
of which shall remain intact and the interest income from which
shall be used to support activities described in title III of
the Act, provided that the Foundation may invest the corpus and
income in federally insured bank savings accounts or comparable
interest bearing accounts, certificates of deposit, money
market funds, mutual funds, obligations of the United States,
and other market instruments and securities but not in real
estate investments: Provided further, That no funds shall be
available for national service programs run by Federal agencies
authorized under section 121(b) of such Act (42 U.S.C.
12571(b)): Provided further, That not more than $5,000,000 of
the funds made available under this heading shall be made
available to America's Promise--The Alliance for Youth, Inc.:
Provided further, That to the maximum extent practicable, the
Corporation shall increase significantly the level of matching
funds and in-kind contributions provided by the private sector,
and shall reduce the total Federal costs per participant in all
programs.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act of
1990 (42 U.S.C. 12501 et seq.) including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, the employment
of experts and consultants authorized under 5 U.S.C. 3109, and
not to exceed $2,500 for official reception and representation
expenses, $25,000,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$6,250,000, to remain available until September 30, 2005.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service
education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State agency,
in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Notwithstanding any other provision of law, funds made
available under section 129(d)(5)(B) of the National and
Community Service Act to assist entities in placing applicants
who are individuals with disabilities may be provided to any
entity that receives a grant under section 121 of the Act.
The Inspector General of the Corporation for National and
Community Service shall conduct random audits of the grantees
that administer activities under the AmeriCorps programs and
shall levy sanctions in accordance with standard Inspector
General audit resolution procedures which include, but are not
limited to, debarment of any grantee (or successor in interest
or any entity with substantially the same person or persons in
control) that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs, including any grantee that has been determined to
have violated the prohibition of using Federal funds to lobby
the Congress: Provided, That the Inspector General shall obtain
reimbursements in the amount of any misused funds from any
grantee that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs.
For fiscal year 2004, the Corporation shall make any
significant changes to program requirements or policy only
through public notice and comment rulemaking. For fiscal year
2004, during any grant selection process, no officer or
employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer or
employee of the Corporation that is authorized by the
Corporation to receive such information.
U.S. Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by 38
U.S.C. 7251-7298, $15,938,000 of which $1,175,000 shall be
available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting
procedures set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of one passenger motor vehicle for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $29,000,000, to remain
available until expended.
Department of Health and Human Services
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended,
and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $78,774,000.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $73,467,000, which may be derived to
the extent funds are available from the Hazardous Substance
Superfund Trust Fund pursuant to section 517(a) of SARA (26
U.S.C. 9507): Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing,
clinical evaluations, medical monitoring, and referral to
accredited health care providers: Provided further, That in
performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not
be bound by the deadlines in section 104(i)(6)(A) of CERCLA:
Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of
40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2004, and existing profiles may be updated
as necessary.
Environmental Protection Agency
SCIENCE AND TECHNOLOGY
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as amended;
necessary expenses for personnel and related costs and travel
expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376; procurement of laboratory
equipment and supplies; other operating expenses in support of
research and development; construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $786,324,000, which shall remain available
until September 30, 2005: Provided, That of the funds provided
under this heading in Public Law 108-7, in reference to item
number 9, the Administrator is authorized to make a grant of
$436,000 to the City of San Bernardino, California.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5 U.S.C.
5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to
exceed $9,000 for official reception and representation
expenses, $2,293,578,000, which shall remain available until
September 30, 2005, including administrative costs of the
brownfields program under the Small Business Liability Relief
and Brownfields Revitalization Act of 2002.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, and for construction, alteration, repair,
rehabilitation, and renovation of facilities, not to exceed
$85,000 per project, $37,558,000, to remain available until
September 30, 2005.
BUILDINGS AND FACILITIES
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$40,000,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including sections 111(c)(3), (c)(5),
(c)(6), and (e)(4) (42 U.S.C. 9611), and for construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; $1,265,000,000,
to remain available until expended, consisting of such sums as
are available in the Trust Fund upon the date of enactment of
this Act as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,265,000,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA, as amended: Provided, That funds
appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That of the funds appropriated under this
heading, $13,214,000 shall be transferred to the ``Office of
Inspector General'' appropriation to remain available until
September 30, 2005, and $44,697,000 shall be transferred to the
``Science and technology'' appropriation to remain available
until September 30, 2005.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of
the Superfund Amendments and Reauthorization Act of 1986, and
for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$76,000,000, to remain available until expended.
OIL SPILL RESPONSE
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $16,209,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
STATE AND TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,896,800,000, to remain
available until expended, of which $1,350,000,000 shall be for
making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''), of which up to
$75,000,000 shall be available for loans, including interest
free loans as authorized by 33 U.S.C. 1383(d)(1)(A), to
municipal, inter-municipal, interstate, or State agencies or
nonprofit entities for projects that provide treatment for or
that minimize sewage or stormwater discharges using one or more
approaches which include, but are not limited to, decentralized
or distributed stormwater controls, decentralized wastewater
treatment, low-impact development practices, conservation
easements, stream buffers, or wetlands restoration;
$850,000,000 shall be for capitalization grants for the
Drinking Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act, as amended, except that,
notwithstanding section 1452(n) of the Safe Drinking Water Act,
as amended, none of the funds made available under this heading
in this Act, or in previous appropriations Acts, shall be
reserved by the Administrator for health effects studies on
drinking water contaminants; $50,000,000 shall be for
architectural, engineering, planning, design, construction and
related activities in connection with the construction of high
priority water and wastewater facilities in the area of the
United States-Mexico Border, after consultation with the
appropriate border commission; $43,000,000 shall be for grants
to the State of Alaska to address drinking water and waste
infrastructure needs of rural and Alaska Native Villages:
Provided, That, of these funds (1) the State of Alaska shall
provide a match of 25 percent, (2) no more than 5 percent of
the funds may be used for administrative and overhead expenses,
and (3) not later than October 1, 2004 and thereafter, a
statewide priority list shall be established which shall remain
in effect for at least 3 years for all water, sewer, waste
disposal, and similar projects carried out by the State of
Alaska that are funded under section 221 of the Federal Water
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall
allocate not less than 25 percent of the funds provided for
projects in regional hub communities; $3,500,000 shall be for
remediation of above ground leaking fuel tanks pursuant to
Public Law 106-554; $325,000,000 shall be for making grants for
the construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance
with the terms and conditions specified for such grants in the
joint explanatory statement of the managers accompanying this
Act, and, for purposes of these grants, each grantee shall
contribute not less than 45 percent of the cost of the project
unless the grantee is approved for a waiver by the Agency;
$6,600,000 for grants for construction of alternative
decentralized wastewater facilities under the National
Decentralized Wastewater Demonstration program, in accordance
with the terms and conditions specified in the joint
explanatory statement of the managers accompanying this Act;
$93,500,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, including grants,
interagency agreements, and associated program support costs;
and $1,175,200,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution
prevention, control and abatement and related activities,
including activities pursuant to the provisions set forth under
this heading in Public Law 104-134, and for making grants under
section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities of which and subject
to terms and conditions specified by the Administrator, of
which $50,000,000 shall be for carrying out section 128 of
CERCLA, as amended, and $20,000,000 shall be for Environmental
Information Exchange Network grants, including associated
program support costs: Provided further, That for fiscal year
2004, State authority under section 302(a) of Public Law 104-
182 shall remain in effect: Provided further, That
notwithstanding section 603(d)(7) of the Act, the limitation on
the amounts in a State water pollution control revolving fund
that may be used by a State to administer the fund shall not
apply to amounts included as principal in loans made by such
fund in fiscal year 2004 and prior years where such amounts
represent costs of administering the fund to the extent that
such amounts are or were deemed reasonable by the
Administrator, accounted for separately from other assets in
the fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2004,
and notwithstanding section 518(f) of the Act, the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of that Act to make grants to
Indian tribes pursuant to sections 319(h) and 518(e) of that
Act: Provided further, That for fiscal year 2004,
notwithstanding the limitation on amounts in section 518(c) of
the Act, up to a total of 1\1/2\ percent of the funds
appropriated for State Revolving Funds under title VI of that
Act may be reserved by the Administrator for grants under
section 518(c) of such Act: Provided further, That no funds
provided by this legislation to address the water, wastewater
and other critical infrastructure needs of the colonias in the
United States along the United States-Mexico border shall be
made available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure: Provided
further, That the referenced statement of the managers under
this heading in Public Law 106-377 is deemed to be amended by
striking ``wastewater'' in reference to item number 219 and
inserting ``water'': Provided further, That the referenced
statement of the managers under this heading in Public Law 108-
7 is deemed to be amended by striking ``wastewater'' in
reference to item number 409 and inserting ``water'': Provided
further, That the referenced statement of the managers under
this heading in Public Law 108-7, item number 383, is deemed to
be amended by adding after the word ``overflow'', ``and water
infrastructure'': Provided further, That the referenced
statement of the managers under this heading in Public Law 108-
7, item number 255, is deemed to be amended by inserting
``water and'' after the words ``Mississippi for'': Provided
further, That the referenced statement of the managers under
this heading in Public Law 108-7, item number 256, is deemed to
be amended by adding after the word ``for'', ``water and'':
Provided further, That the referenced statement of the managers
under this heading in Public Law 105-276, in reference to item
number 19, is deemed to be amended by striking ``Wolfe
County'', and inserting ``the City of Campton'': Provided
further, That the referenced statement of the managers under
this heading in Public Law 108-7, in reference to item number
364, is deemed to be amended by striking everything after
``improvements'': Provided further, That the referenced
statement of the managers under this heading in Public Law 108-
7, in reference to item number 191, is deemed to be amended by
striking ``wastewater'', and inserting ``water'': Provided
further, That the referenced statement of the managers under
this heading in Public Law 108-7, in reference to item number
223, is deemed to be amended by adding, ``and for other
projects within Indian Head after the needs of Woodland Village
are met.'': Provided further, That the referenced statement of
the managers under this heading in Public Law 106-377 is deemed
to be amended in reference to item number 234, as amended, by
striking everything after ``234.'' and inserting, ``$1,500,000
for the Town of Delbarton Wastewater Collection and Treatment
Replacement/Upgrade Project.'': Provided further, That the
referenced statement of the managers under this heading in
Public Law 108-7 is deemed to be amended by striking
``wastewater'' in reference to item number 469 and inserting
``water'': Provided further, That the referenced statement of
the managers under this heading in Public Law 108-7 is deemed
to be amended by striking ``Fayette, Mississippi for the
Jefferson County'' in reference to item number 263 and
inserting ``Jefferson County, Mississippi'': Provided further,
That notwithstanding any other provision of law, the
Administrator of the Environmental Protection Agency shall
certify grant amendments for grant number C34-0714-03.
ADMINISTRATIVE PROVISIONS
For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally-recognized Indian
Tribes or Intertribal consortia, if authorized by their member
Tribes, to assist the Administrator in implementing Federal
environmental programs for Indian Tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act (as added by
subsection (f)(2) of the Pesticide Registration Improvement Act
of 2003).
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated
funds for fiscal year 2004 may be used to award grants or loans
under section 104(k) of CERCLA to eligible entities that
satisfy all of the elements set forth in CERCLA section 101(40)
to qualify as a bona fide prospective purchaser except that the
date of acquisition of the property was prior to the date of
enactment of the Small Business Liability Relief and Brownfield
Revitalization Act of 2001.
Executive Office of the President
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601 and 6671), hire of passenger motor
vehicles, and services as authorized by 5 U.S.C. 3109, not to
exceed $2,500 for official reception and representation
expenses, and rental of conference rooms in the District of
Columbia, $7,027,000.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation expenses,
$3,238,000: Provided, That notwithstanding section 202 of the
National Environmental Policy Act of 1970, the Council shall
consist of one member, appointed by the President, by and with
the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $30,125,000, to be derived from the Bank
Insurance Fund, the Savings Association Insurance Fund, and the
FSLIC Resolution Fund.
General Services Administration
FEDERAL CITIZEN INFORMATION CENTER FUND
For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$14,000,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen Information
Center activities in the aggregate amount not to exceed
$21,000,000. Appropriations, revenues, and collections accruing
to this Fund during fiscal year 2004 in excess of $21,000,000
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts.
United States Interagency Council on Homelessness
OPERATING EXPENSES
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) of the Interagency Council on the
Homeless in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended,
$1,500,000.
National Aeronautics and Space Administration
SPACE FLIGHT CAPABILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of space flight capabilities research and
development activities, including research, development,
operations, support and services; maintenance; construction of
facilities including repair, rehabilitation, revitalization and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and acquisition or condemnation of real property, as authorized
by law; environmental compliance and restoration; space flight,
spacecraft control and communications activities including
operations, production, and services; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission
and administrative aircraft, $7,512,100,000, to remain
available until September 30, 2005, of which $15,000,000 of
amounts for the Space Shuttle Life Extension Program shall be
for the development and independent assessment of concepts to
increase Space Shuttle crew survivability for crew sizes of 4
to 7 astronauts, and of which amounts as determined by the
Administrator for salaries and benefits; training, travel and
awards; facility and related costs; information technology
services; science, engineering, fabricating and testing
services; and other administrative services may be transferred
to ``Science, aeronautics and exploration'' in accordance with
section 312(b) of the National Aeronautics and Space Act of
1958, as amended by Public Law 106-377.
SCIENCE, AERONAUTICS AND EXPLORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and exploration
research and development activities, including research,
development, operations, support and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction of
new facilities and additions to existing facilities, facility
planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law;
environmental compliance and restoration; space flight,
spacecraft control and communications activities including
operations, production, and services; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission
and administrative aircraft, $7,929,900,000, to remain
available until September 30, 2005, of which amounts as
determined by the Administrator for salaries and benefits;
training, travel and awards; facility and related costs;
information technology services; science, engineering,
fabricating and testing services; and other administrative
services may be transferred to ``Space flight capabilities'' in
accordance with section 312(b) of the National Aeronautics and
Space Act of 1958, as amended by Public Law 106-377.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$27,300,000.
ADMINISTRATIVE PROVISIONS
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or
``Space flight capabilities'' by this appropriations Act, when
any activity has been initiated by the incurrence of
obligations for construction of facilities or environmental
compliance and restoration activities as authorized by law,
such amount available for such activity shall remain available
until expended. This provision does not apply to the amounts
appropriated for institutional minor revitalization and
construction of facilities, and institutional facility planning
and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or
``Space flight capabilities'' by this appropriations Act, the
amounts appropriated for construction of facilities shall
remain available until September 30, 2006.
From amounts made available in this Act for these
activities, the Administration may transfer amounts between
aeronautics of the ``Science, aeronautics and exploration''
account and crosscutting technologies of the ``Space flight
capabilities'' account.
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the
appropriation that provides such activity under this Act.
Balances so transferred may be merged with funds in the newly
established account and thereafter may be accounted for as one
fund under the same terms and conditions.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
During fiscal year 2004, gross obligations of the Central
Liquidity Facility for the principal amount of new direct loans
to member credit unions, as authorized by 12 U.S.C. 1795 et
seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2004 shall not exceed $310,000.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000
shall be available: Provided, That of this amount $200,000,
together with amounts of principal and interest on loans
repaid, is available until expended for loans to community
development credit unions, and $1,000,000 is available until
September 30, 2004 for technical assistance to low-income and
community development credit unions.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $4,276,600,000, of which not to exceed
$345,000,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and
logistical and other related activities for the United States
Antarctic program; the balance to remain available until
September 30, 2005: Provided, That receipts for scientific
support services and materials furnished by the National
Research Centers and other National Science Foundation
supported research facilities may be credited to this
appropriation: Provided further, That to the extent that the
amount appropriated is less than the total amount authorized to
be appropriated for included program activities, all amounts,
including floors and ceilings, specified in the authorizing Act
for those program activities or their subactivities shall be
reduced proportionally: Provided further, That $90,000,000 of
the funds available under this heading shall be made available
for a comprehensive research initiative on plant genomes for
economically significant crops.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended, including
authorized travel, $155,900,000, to remain available until
expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $944,550,000, to
remain available until September 30, 2005: Provided, That to
the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included
program activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally.
SALARIES AND EXPENSES
For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42 U.S.C.
1861-1875); services authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles; not to exceed $9,000 for official
reception and representation expenses; uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; rental of
conference rooms in the District of Columbia; and reimbursement
of the General Services Administration for security guard
services; $220,000,000: Provided, That contracts may be entered
into under ``Salaries and expenses'' in fiscal year 2004 for
maintenance and operation of facilities, and for other
services, to be provided during the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950 (42 U.S.C. 1863)
and Public Law 86-209 (42 U.S.C. 1880 et seq.), $3,900,000:
Provided, That not more than $9,000 shall be available for
official reception and representation expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as amended,
$10,000,000, to remain available until September 30, 2005.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized
by the Neighborhood Reinvestment Corporation Act (42 U.S.C.
8101-8107), $115,000,000, of which $5,000,000 shall be for a
multi-family rental housing program.
ADMINISTRATIVE PROVISION
Section 605(a) of the Neighborhood Reinvestment Corporation
Act (42 U.S.C. 8104) is amended by--
(1) striking out ``compensation'' and inserting
``salary''; and striking out ``highest rate provided
for GS-18 of the General Schedule under section 5332 of
title 5 United States Code''; and inserting ``rate for
level IV of the Executive Schedule''; and
(2) inserting after the end the following sentence:
``The Corporation shall also apply the provisions of
section 5307(a)(1), (b)(1) and (b)(2) of title 5,
United States Code, governing limitations on certain
pay as if its employees were Federal employees
receiving payments under title 5.''.
Selective Service System
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation expenses;
$26,308,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of
31 U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may be
expended for or in connection with the induction of any person
into the Armed Forces of the United States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. No funds appropriated by this Act may be
expended--
(1) pursuant to a certification of an officer or
employee of the United States unless--
(A) such certification is accompanied by,
or is part of, a voucher or abstract which
describes the payee or payees and the items or
services for which such expenditure is being
made; or
(B) the expenditure of funds pursuant to
such certification, and without such a voucher
or abstract, is specifically authorized by law;
and
(2) unless such expenditure is subject to audit by
the General Accounting Officer or is specifically
exempt by law from such audit.
Sec. 403. None of the funds provided in this Act to any
department or agency may be obligated or expended for: (1) the
transportation of any officer or employee of such department or
agency between the domicile and the place of employment of the
officer or employee, with the exception of an officer or
employee authorized such transportation under 31 U.S.C. 1344 or
5 U.S.C. 7905 or (2) to provide a cook, chauffeur, or other
personal servants to any officer or employee of such department
or agency.
Sec. 404. None of the funds provided in this Act may be
used for payment, through grants or contracts, to recipients
that do not share in the cost of conducting research resulting
from proposals not specifically solicited by the Government:
Provided, That the extent of cost sharing by the recipient
shall reflect the mutuality of interest of the grantee or
contractor and the Government in the research.
Sec. 405. None of the funds provided in this Act may be
used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grantee) at
more than the daily equivalent of the rate paid for level IV of
the Executive Schedule, unless specifically authorized by law.
Sec. 406. None of the funds provided in this Act may be
used to pay the expenses of, or otherwise compensate, non-
Federal parties intervening in regulatory or adjudicatory
proceedings. Nothing herein affects the authority of the
Consumer Product Safety Commission pursuant to section 7 of the
Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 407. Except as otherwise provided under existing law,
or under an existing Executive order issued pursuant to an
existing law, the obligation or expenditure of any
appropriation under this Act for contracts for any consulting
service shall be limited to contracts which are: (1) a matter
of public record and available for public inspection; and (2)
thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on
which the list is made available to the public and of all
contracts on which performance has not been completed by such
date. The list required by the preceding sentence shall be
updated quarterly and shall include a narrative description of
the work to be performed under each such contract.
Sec. 408. None of the funds appropriated in this Act may be
used to implement any cap on reimbursements to grantees for
indirect costs, except as published in Office of Management and
Budget Circular A-21.
Sec. 409. Such sums as may be necessary for fiscal year
2004 pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 410. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
Sec. 411. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment,
the protection of private property rights, or unfunded
mandates.
Sec. 412. Except in the case of entities that are funded
solely with Federal funds or any natural persons that are
funded under this Act, none of the funds in this Act shall be
used for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties to
lobby or litigate in respect to adjudicatory proceedings funded
in this Act. A chief executive officer of any entity receiving
funds under this Act shall certify that none of these funds
have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless
authorized under existing law.
Sec. 413. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other than
for normal and recognized executive-legislative relationships,
for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication,
radio, television or film presentation designed to support or
defeat legislation pending before the Congress, except in
presentation to the Congress itself.
Sec. 414. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business
practices and public service activities.
Sec. 415. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other
appropriation Act.
Sec. 416. None of the funds provided in this Act to any
department or agency shall be obligated or expended to procure
passenger automobiles as defined in 15 U.S.C. 2001 with an EPA
estimated miles per gallon average of less than 22 miles per
gallon.
Sec. 417. Section 312 of the National Aeronautics and Space
Administration Act of 1958, as amended, is further amended--
(1) by striking the second Sec. ``312'' and
inserting ``313'';
(2) by inserting the title, ``Full Cost
Appropriations Account Structure'', before Sec. 313;
(3) in subsection (a)--
(A) by striking ``Human space flight'' and
inserting ``Space flight capabilities'';
(B) by striking ``technology'' and
inserting ``exploration''; and
(C) by striking ``2002'' and inserting
``2004''; and
(4) by striking subsection (c), and inserting the
following new subsection:
``(c) The unexpired balances of prior appropriations to the
Administration for activities authorized under this Act may be
transferred to the new account established for such activity in
subsection (a). Balances so transferred may be merged with
funds in the newly established account and thereafter may be
accounted for as one fund under the same terms and
conditions''.
Sec. 418. None of the funds made available in this Act may
be used to implement any policy prohibiting the Directors of
the Veterans Integrated Service Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 419. None of the funds provided in this Act may be
expended to apply, in a numerical estimate of the benefits of
an agency action prepared pursuant to Executive Order No. 12866
or section 312 of the Clean Air Act (42 U.S.C. 7612), monetary
values for adult premature mortality that differ based on the
age of the adult.
Sec. 420. It is the sense of Congress that no veteran
should wait more than 30 days for an initial doctor's
appointment.
Sec. 421. It is the sense of the Congress that human dosing
studies of pesticides raises ethical and health questions.
Sec. 422. None of the funds made available to NASA in this
Act may be used for voluntary separation incentive payments as
provided for in subchapter II of chapter 35 of title 5, United
States Code, unless the Administrator of NASA has first
certified to Congress that such payments would not result in
the loss of skills related to the safety of the Space Shuttle
or the International Space Station or to the conduct of
independent safety oversight in the National Aeronautics and
Space Administration.
Sec. 423. Section 106(d) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306(d)) is amended--
(1) in paragraph (3)(A), by striking ``shall not
exceed 2 percent'' and inserting ``shall not, subject
to paragraph (6), exceed 3 percent'';
(2) in paragraph (5), by striking ``not to exceed 1
percent'' and inserting ``subject to paragraph (6), not
to exceed 3 percent'';
(3) by redesignating the second paragraph (5) and
paragraph (6) as paragraphs (7) and (8), respectively;
and
(4) by inserting after paragraph (5) the following:
``(6) Of the amounts received under paragraph (1),
the State may deduct not more than an aggregate total
of 3 percent of such amounts for--
``(A) administrative expenses under
paragraph (3)(A); and
``(B) technical assistance under paragraph
(5).''.
Sec. 424. National Academy of Sciences Study. The matter
under the heading ``administrative provisions'' under the
heading ``Environmental Protection Agency'' in title III of
division K of the Consolidated Appropriations Resolution, 2003
(117 Stat. 513), is amended--
(1) in the first sentence of the fifth undesignated
paragraph (beginning ``As soon as''), by inserting
before the period at the end the following: ``, and the
impact of the final rule entitled `Prevention of
Significant Deterioration (PSD) and Nonattainment New
Source Review (NSR): Equipment Replacement Provision of
the Routine Maintenance, Repair and Replacement
Exclusion', amending parts 51 and 52 of title 40, Code
of Federal Regulations, and published in electronic
docket OAR-2002-0068 on August 27, 2003''; and
(2) in the sixth undesignated paragraph (beginning
``The National Academy of Sciences''), by striking
``March 3, 2004'' and inserting ``January 1, 2005''.
Sec. 425. Designations of Areas for 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 later than December 31, 2005, the
Administrator shall publish in the Federal Register final
regulations containing such standards.
(c) No State or any political subdivision thereof may adopt
or attempt to enforce any standard or other requirement
applicable to spark ignition engines smaller than 50
horsepower.
(d) Exception for California.--The prohibition in
subsection (e) does not apply to or restrict in any way the
authority granted to California under Section 209(e) of the
Clean Air Act (42 U.S.C. 7543(e)).
(e) Exception for Other States.--The prohibition in
subsection (c) does not apply to or restrict the authority of
any state under Section 209(e)(2)(B) of the Clean Air Act (42
U.S.C. 7543(e)(2)(B)) to enforce standards or other
requirements that were adopted by that state before September
1, 2003.
TITLE V--PESTICIDE PRODUCTS AND FEES
Sec. 501. Pesticide registration.
(a) Short Title.--This section may be cited as the
``Pesticide Registration Improvement Act of 2003''.
(b) Registration Requirements for Antimicrobial
Pesticides.--Section 3(h) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)) is amended--
(1) in paragraph (2)(F), by striking ``90 to 180
days'' and inserting ``120 days''; and
(2) in paragraph (3)--
(A) in subparagraph (D)(vi), by striking
``240 days'' and inserting ``120 days''; and
(B) in subparagraph (F), by adding at the
end the following:
``(iv) Limitation.--Notwithstanding
clause (ii), the failure of the
Administrator to notify an applicant
for an amendment to a registration for
an antimicrobial pesticide shall not be
judicially reviewable in a Federal or
State court if the amendment requires
scientific review of data within--
``(I) the time period
specified in subparagraph
(D)(vi), in the absence of a
final regulation under
subparagraph (B); or
``(II) the time period
specified in paragraph (2)(F),
if adopted in a final
regulation under subparagraph
(B).''.
(c) Maintenance Fees.--
(1) Amounts for registrants.--Section 4(i)(5) of
the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136a-1(i)(5)) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) Subject'' and
inserting the following:
``(A) In general.--Subject''; and
(ii) by striking ``of--'' and all
that follows through ``additional
registration'' and inserting ``for each
registration'';
(B) in subparagraph (D)--
(i) by striking ``(D) The'' and
inserting the following:
``(D) Maximum amount of fees for
registrants.--The'';
(ii) in clause (i), by striking
``shall be $55,000; and'' and inserting
``shall be--
``(I) for fiscal year 2004,
$84,000;
``(II) for each of fiscal years
2005 and 2006, $87,000;
``(III) for fiscal year 2007,
$68,000; and
``(IV) for fiscal year 2008,
$55,000; and''; and
(iii) in clause (ii), by striking
``shall be $95,000.'' and inserting
``shall be--
``(I) for fiscal year 2004,
$145,000;
``(II) for each of fiscal years
2005 and 2006, $151,000;
``(III) for fiscal year 2007,
$117,000; and
``(IV) for fiscal year 2008,
$95,000.''; and
(C) in subparagraph (E)--
(i) by striking ``(E)(i) For'' and
inserting the following:
``(E) Maximum amount of fees for small
businesses.--
``(i) In general.--For'';
(ii) by indenting the margins of
subclauses (I) and (II) of clause (i)
appropriately; and
(iii) in clause (i)--
(I) subclause (I), by
striking ``shall be $38,500;
and'' and inserting ``shall
be--
``(aa) for fiscal
year 2004, $59,000;
``(bb) for each of
fiscal years 2005 and
2006, $61,000;
``(cc) for fiscal
year 2007, $48,000; and
``(dd) for fiscal
year 2008, $38,500;
and''; and
(II) in subclause (II), by
striking ``shall be $66,500.''
and inserting ``shall be--
``(aa) for fiscal
year 2004, $102,000;
``(bb) for each of
fiscal years 2005 and
2006, $106,000;
``(cc) for fiscal
year 2007, $82,000; and
``(dd) for fiscal
year 2008, $66,500.''.
(2) Total amount of fees.--Section 4(i)(5)(C) of
the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136(a)-1(i)(5)(C)) is amended--
(A) by striking ``(C)(i) The'' and
inserting the following:
``(C) Total amount of fees.--The''; and
(B) by striking ``aggregate amount'' and
all that follows through clause (ii) and
inserting ``aggregate amount of--
``(i) for fiscal year 2004,
$26,000,000;
``(ii) for fiscal year 2005,
$27,000,000;
``(iii) for fiscal year 2006,
$27,000,000;
``(iv) for fiscal year 2007,
$21,000,000; and
``(v) for fiscal year 2008,
$15,000,000.''.
(3) Definition of small business.--Section
4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(E)(ii)) is
amended--
(A) by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and
indenting the margins appropriately;
(B) by striking ``(ii) For purposes of''
and inserting the following:
``(ii) Definition of small
business.--
``(I) In general.--In'';
(C) in item (aa) (as so redesignated), by
striking ``150'' and inserting ``500'';
(D) in item (bb) (as so redesignated), by
striking ``gross revenue from chemicals that
did not exceed $40,000,000.'' and inserting
``global gross revenue from pesticides that did
not exceed $60,000,000.''; and
(E) by adding at the end the following:
``(II) Affiliates.--
``(aa) In
general.--In the case
of a business entity
with 1 or more
affiliates, the gross
revenue limit under
subclause (I)(bb) shall
apply to the gross
revenue for the entity
and all of the
affiliates of the
entity, including
parents and
subsidiaries, if
applicable.
``(bb) Affiliated
persons.--For the
purpose of item (aa),
persons are affiliates
of each other if,
directly or indirectly,
either person controls
or has the power to
control the other
person, or a third
person controls or has
the power to control
both persons.
``(cc) Indicia of
control.--For the
purpose of item (aa),
indicia of control
include interlocking
management or
ownership, identity of
interests among family
members, shared
facilities and
equipment, and common
use of employees.''.
(4) Extension of authority for collecting
maintenance fees.--Section 4(i)(5)(H) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a-1(i)(5)(H)) is amended by striking ``2003'' and
inserting ``2008''.
(5) Reregistration and other activities.--Section
4(g)(2) of the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136a-1(g)(2)) is amended--
(A) by striking subparagraph (A) and
inserting the following:
``(A) In general.--The Administrator shall
make a determination as to eligibility for
reregistration--
``(i) for all active ingredients
subject to reregistration under this
section for which tolerances or
exemptions from tolerances are required
under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.),
not later than the last date for
tolerance reassessment established
under section 408(q)(1)(C) of that Act
(21 U.S.C. 346a(q)(1)(C)); and
``(ii) for all other active
ingredients subject to reregistration
under this section, not later than
October 3, 2008.'';
(B) in subparagraph (B)--
(i) by striking ``(B) Before'' and
inserting the following:
``(B) Product-specific data.--
``(i) In general.--Before'';
(ii) by striking ``The
Administrator'' and inserting the
following:
``(ii) Timing.--
``(I) In general.--Subject
to subclause (II), the
Administrator''; and
(iii) by adding at the end the
following:
``(II) Extraordinary
circumstances.--In the case of
extraordinary circumstances,
the Administrator may provide
such a longer period, of not
more than 2 additional years,
for submission of data to the
Administrator under this
subparagraph.''; and
(C) in subparagraph (D)--
(i) by striking ``(D) If'' and
inserting the following:
``(D) Determination to not reregister.--
``(i) In general.--If''; and
(ii) by adding at the end the
following:
``(ii) Timing for regulatory
action.--Regulatory action under clause
(i) shall be completed as expeditiously
as possible.''.
(d) Other Fees.--
(1) In general.--Section 4(i)(6) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a-1(i)(6)) is amended--
(A) by striking ``During'' and inserting
``Except as provided in section 33, during'';
and
(B) by striking ``2003'' and inserting
``2010''.
(2) Tolerance fees.--Notwithstanding section
408(m)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 346a(m)(1)), during the period beginning on
October 1, 2003, and ending on September 30, 2008, the
Administrator of the Environmental Protection Agency
shall not collect any tolerance fees under that
section.
(e) Expedited Processing of Similar Applications.--Section
4(k)(3) of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a-1(k)(3)) is amended--
(1) in the paragraph heading, by striking
``Expedited'' and inserting ``Review of inert
ingredients; expedited''; and
(2) in subparagraph (A)--
(A) by striking ``1997'' and all that
follows through ``of the maintenance fees'' and
inserting ``2004 through 2006, approximately
$3,300,000, and for each of fiscal years 2007
and 2008, between \1/8\ and \1/7\, of the
maintenance fees'';
(B) by redesignating clauses (i), (ii), and
(iii) as subclauses (I), (II) and (III),
respectively, and indenting appropriately; and
(C) by striking ``resources to assure the
expedited processing and review of any
application that'' and inserting ``resources--
``(i) to review and evaluate new
inert ingredients; and
``(ii) to ensure the expedited
processing and review of any
application
that--''.
(f) Pesticide Registration Service Fees.--The Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et
seq.) is amended--
(1) by redesignating sections 33 and 34 (7 U.S.C.
136x, 136y) as sections 34 and 35, respectively; and
(2) by inserting after section 32 (7 U.S.C. 136w-7)
the following:
``SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.
``(a) Definition of Costs.--In this section, the term
`costs', when used with respect to review and decisionmaking
pertaining to an application for which registration service
fees are paid under this section, means--
``(1) costs to the extent that--
``(A) officers and employees provide direct
support for the review and decisionmaking for
covered pesticide applications, associated
tolerances, and corresponding risk and benefits
information and analyses;
``(B) persons and organizations under
contract with the Administrator engage in the
review of the applications, and corresponding
risk and benefits information and assessments;
and
``(C) advisory committees and other
accredited persons or organizations, on the
request of the Administrator, engage in the
peer review of risk or benefits information
associated with covered pesticide applications;
``(2) costs of management of information, and the
acquisition, maintenance, and repair of computer and
telecommunication resources (including software), used
to support review of pesticide applications, associated
tolerances, and corresponding risk and benefits
information and analyses; and
``(3) costs of collecting registration service fees
under subsections (b) and (c) and reporting, auditing,
and accounting under this section.
``(b) Fees.--
``(1) In general.--Effective beginning on the
effective date of the Pesticide Registration
Improvement Act of 2003, the Administrator shall assess
and collect covered pesticide registration service fees
in accordance with this section.
``(2) Covered pesticide registration
applications.--
``(A) In general.--An application for the
registration of a pesticide covered by this Act
that is received by the Administrator on or
after the effective date of the Pesticide
Registration Improvement Act of 2003 shall be
subject to a registration service fee under
this section.
``(B) Existing applications.--
``(i) In general.--Subject to
clause (ii), an application for the
registration of a pesticide that was
submitted to the Administrator before
the effective date of the Pesticide
Registration Improvement Act of 2003
and is pending on that effective date
shall be subject to a service fee under
this section if the application is for
the registration of a new active
ingredient that is not listed in the
Registration Division 2003 Work Plan of
the Office of Pesticide Programs of the
Environmental Protection Agency.
``(ii) Tolerance or exemption
fees.--The amount of any fee otherwise
payable for an application described in
clause (i) under this section shall be
reduced by the amount of any fees paid
to support the related petition for a
pesticide tolerance or exemption under
the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 301 et seq.).
``(C) Documentation.--An application
subject to a registration service fee under
this section shall be submitted with
documentation certifying--
``(i) payment of the registration
service fee; or
``(ii) a request for a waiver from
or reduction of the registration
service fee.
``(3) Schedule of covered applications and
registration service fees.--
``(A) In general.--Not later than 30 days
after the effective date of the Pesticide
Registration Improvement Act of 2003, the
Administrator shall publish in the Federal
Register a schedule of covered pesticide
registration applications and corresponding
registration service fees.
``(B) Report.--Subject to paragraph (6),
the schedule shall be the same as the
applicable schedule appearing in the
Congressional Record on pages S11631 through
S11633, dated September 17, 2003.
``(4) Pending pesticide registration
applications.--
``(A) In general.--An applicant that
submitted a registration application to the
Administrator before the effective date of the
Pesticide Registration Improvement Act of 2003,
but that is not required to pay a registration
service fee under paragraph (2)(B), may, on a
voluntary basis, pay a registration service fee
in accordance with paragraph (2)(B).
``(B) Voluntary fee.--The Administrator may
not compel payment of a registration service
fee for an application described in
subparagraph (A).
``(C) Documentation.--An application for
which a voluntary registration service fee is
paid under this paragraph shall be submitted
with documentation certifying--
``(i) payment of the registration
service fee; or
``(ii) a request for a waiver from
or reduction of the registration
service fee.
``(5) Resubmission of pesticide registration
applications.--If a pesticide registration application
is submitted by a person that paid the fee for the
application under paragraph (2), is determined by the
Administrator to be complete, and is not approved or is
withdrawn (without a waiver or refund), the submission
of the same pesticide registration application by the
same person (or a licensee, assignee, or successor of
the person) shall not be subject to a fee under
paragraph (2).
``(6) Fee adjustment.--Effective for a covered
pesticide registration application received on or after
October 1, 2005, the Administrator shall--
``(A) increase by 5 percent the service fee
payable for the application under paragraph
(3); and
``(B) publish in the Federal Register the
revised registration service fee schedule.
``(7) Waivers and reductions.--
``(A) In general.--An applicant for a
covered pesticide registration may request the
Administrator to waive or reduce the amount of
a registration service fee payable under this
section under the circumstances described in
subparagraphs (D) through (G).
``(B) Documentation.--
``(i) In general.--A request for a
waiver from or reduction of the
registration service fee shall be
accompanied by appropriate
documentation demonstrating the basis
for the waiver or reduction.
``(ii) Certification.--The
applicant shall provide to the
Administrator a written certification,
signed by a responsible officer, that
the documentation submitted to support
the waiver or reduction request is
accurate.
``(iii) Inaccurate documentation.--
An application shall be subject to the
applicable registration service fee
payable under paragraph (3) if, at any
time, the Administrator determines
that--
``(I) the documentation
supporting the waiver or
reduction request is not
accurate; or
``(II) based on the
documentation or any other
information, the waiver or
reduction should not have been
granted or should not be
granted.
``(C) Determination to grant or deny
request.--As soon as practicable, but not later
than 60 days, after the date on which the
Administrator receives a request for a waiver
or reduction of a registration service fee
under this paragraph, the Administrator shall--
``(i) determine whether to grant or
deny the request; and
``(ii) notify the applicant of the
determination.
``(D) Minor uses.--
``(i) In general.--The
Administrator may waive or reduce a
registration service fee for an
application for minor uses for a
pesticide.
``(ii) Supporting documentation.--
An applicant requesting a waiver under
this subparagraph shall provide
supporting documentation that
demonstrates, to the satisfaction of
the Administrator, that anticipated
revenues from the uses that are the
subject of the application would be
insufficient to justify imposition of
the full application fee.
``(E) IR-4 waiver.--The Administrator shall
waive the registration service fee for an
application if the Administrator determines
that--
``(i) the application is solely
associated with a tolerance petition
submitted in connection with the Inter-
Regional Project Number 4 (IR-4) as
described in section 2 of Public Law
89-106 (7 U.S.C. 450i(e)); and
``(ii) the waiver is in the public
interest.
``(F) Small businesses.--
``(i) In general.--The
Administrator shall waive 50 percent of
the registration service fees payable
by an entity for a covered pesticide
registration application under this
section if the entity is a small
business (as defined in section
4(i)(5)(E)(ii)) at the time of
application.
``(ii) Waiver of fees.--The
Administrator shall waive all of the
registration service fees payable by an
entity under this section if the
entity--
``(I) is a small business
(as defined in section
4(i)(5)(E)(ii)) at the time of
application; and
``(II) has average annual
global gross revenues described
in section
4(i)(5)(E)(ii)(I)(bb) that does
not exceed $10,000,000, at the
time of application.
``(iii) Formation for waiver.--The
Administrator shall not grant a waiver
under this subparagraph if the
Administrator determines that the
entity submitting the application has
been formed or manipulated primarily
for the purpose of qualifying for the
waiver.
``(iv) Documentation.--An entity
requesting a waiver under this
subparagraph shall provide to the
Administrator--
``(I) documentation
demonstrating that the entity
is a small business (as defined
in section 4(i)(5)(E)(ii)) at
the time of application; and
``(II) if the entity is
requesting a waiver of all
registration service fees
payable under this section,
documentation demonstrating
that the entity has an average
annual global gross revenues
described in section
4(i)(5)(E)(ii)(I)(bb) that does
not exceed $10,000,000, at the
time of application.
``(G) Federal and state agency
exemptions.--An agency of the Federal
Government or a State government shall be
exempt from covered registration service fees
under this section.
``(8) Refunds.--
``(A) Early withdrawals.--If, during the
first 60 days after the beginning of the
applicable decision time review period under
subsection (f)(3), a covered pesticide
registration application is withdrawn by the
applicant, the Administrator shall refund all
but 10 percent of the total registration
service fee payable under paragraph (3) for the
application.
``(B) Withdrawals after the first 60 days
of decision review time period.--
``(i) In general.--If a covered
pesticide registration application is
withdrawn after the first 60 days of
the applicable decision time review
period, the Administrator shall
determine what portion, if any, of the
total registration service fee payable
under paragraph (3) for the application
may be refunded based on the proportion
of the work completed at the time of
withdrawal.
``(ii) Timing.--The Administrator
shall--
``(I) make the
determination described in
clause (i) not later than 90
days after the date the
application is withdrawn; and
``(II) provide any refund
as soon as practicable after
the determination.
``(C) Discretionary refunds.--
``(i) In general.--In the case of a
pesticide registration application that
has been filed with the Administrator
and has not been withdrawn by the
applicant, but for which the
Administrator has not yet made a final
determination, the Administrator may
refund a portion of a covered
registration service fee if the
Administrator determines that the
refund is justified.
``(ii) Basis.--The Administrator
may provide a refund for an application
under this subparagraph--
``(I) on the basis that, in
reviewing the application, the
Administrator has considered
data submitted in support of
another pesticide registration
application; or
``(II) on the basis that
the Administrator completed
portions of the review of the
application before the
effective date of this section.
``(D) Credited fees.--In determining
whether to grant a refund under this paragraph,
the Administrator shall take into account any
portion of the registration service fees
credited under paragraph (2) or (4).
``(c) Pesticide Registration Fund.--
``(1) Establishment.--There is established in the
Treasury of the United States a Pesticide Registration
Fund to be used in carrying out this section (referred
to in this section as the `Fund'), consisting of--
``(A) such amounts as are deposited in the
Fund under paragraph (2);
``(B) any interest earned on investment of
amounts in the Fund under paragraph (4); and
``(C) any proceeds from the sale or
redemption of investments held in the Fund.
``(2) Deposits in fund.--Subject to paragraph (4),
the Administrator shall deposit fees collected under
this section in the Fund.
``(3) Expenditures from fund.--
``(A) In general.--Subject to subparagraphs
(B) and (C) and paragraph (4), the
Administrator may make expenditures from the
Fund--
``(i) to cover the costs associated
with the review and decisionmaking
pertaining to all applications for
which registration service fees have
been paid under this section; and
``(ii) to otherwise carry out this
section.
``(B) Worker protection.--For each of
fiscal years 2004 through 2008, the
Administrator shall use approximately \1/17\ of
the amount in the Fund (but not more than
$1,000,000, and not less than $750,000, for any
fiscal year) to enhance current scientific and
regulatory activities related to worker
protection.
``(C) New inert ingredients.--For each of
fiscal years 2004 and 2005, the Administrator
shall use approximately \1/34\ of the amount in
the Fund (but not to exceed $500,000 for any
fiscal year) for the review and evaluation of
new inert ingredients.
``(4) Collections and appropriations acts.--The
fees authorized by this section and amounts deposited
in the Fund--
``(A) shall be collected and made available
for obligation only to the extent provided in
advance in appropriations Acts; and
``(B) shall be available without fiscal
year limitation.
``(5) Unused funds.--Amounts in the Fund not
currently needed to carry out this section shall be--
``(A) maintained readily available or on
deposit;
``(B) invested in obligations of the United
States or guaranteed by the United States; or
``(C) invested in obligations,
participations, or other instruments that are
lawful investments for fiduciary, trust, or
public funds.
``(d) Assessment of Fees.--
``(1) Definition of covered functions.--In this
subsection, the term `covered functions' means
functions of the Office of Pesticide Programs of the
Environmental Protection Agency, as identified in key
programs and projects of the final operating plan for
the Environmental Protection Agency submitted as part
of the budget process for fiscal year 2002, regardless
of any subsequent transfer of 1 or more of the
functions to another office or agency or the subsequent
transfer of a new function to the Office of Pesticide
Programs.
``(2) Minimum amount of appropriations.--For fiscal
years 2004, 2005, and 2006 only, registration service
fees may not be assessed for a fiscal year under this
section unless the amount of appropriations for
salaries, contracts, and expenses for the functions (as
in existence in fiscal year 2002) of the Office of
Pesticide Programs of the Environmental Protection
Agency for the fiscal year (excluding the amount of any
fees appropriated for the fiscal year) are equal to or
greater than the amount of appropriations for covered
functions for fiscal year 2002 (excluding the amount of
any fees appropriated for the fiscal year).
``(3) Use of fees.--Registration service fees
authorized by this section shall be available, in the
aggregate, only to defray increases in the costs
associated with the review and decisionmaking for the
review of pesticide registration applications and
associated tolerances (including increases in the
number of full-time equivalent positions in the
Environmental Protection Agency engaged in those
activities) over the costs for fiscal year 2002,
excluding costs paid from fees appropriated for the
fiscal year.
``(4) Compliance.--The requirements of paragraph
(2) shall have been considered to have been met for any
fiscal year if the amount of appropriations for
salaries, contracts, and expenses for the functions (as
in existence in fiscal year 2002) of the Office of
Pesticide Programs of the Environmental Protection
Agency for the fiscal year (excluding the amount of any
fees appropriated for the fiscal year) is not more than
3 percent below the amount of appropriations for
covered functions for fiscal year 2002 (excluding the
amount of any fees appropriated for the fiscal year).
``(5) Subsequent authority.--If the Administrator
does not assess registration service fees under
subsection (b) during any portion of a fiscal year as
the result of paragraph (2) and is subsequently
permitted to assess the fees under subsection (b)
during the fiscal year, the Administrator shall assess
and collect the fees, without any modification in rate,
at any time during the fiscal year, notwithstanding any
provisions of subsection (b) relating to the date fees
are to be paid.
``(e) Reforms to Reduce Decision Time Review Periods.--To
the maximum extent practicable consistent with the degrees of
risk presented by pesticides and the type of review appropriate
to evaluate risks, the Administrator shall identify and
evaluate reforms to the pesticide registration process under
this Act with the goal of reducing decision review periods in
effect on the effective date of the Pesticide Registration
Improvement Act of 2003 for pesticide registration actions for
covered pesticide registration applications (including reduced
risk applications).
``(f) Decision Time Review Periods.--
``(1) In general.--Not later than 30 days after the
effective date of the Pesticide Registration
Improvement Act of 2003, the Administrator shall
publish in the Federal Register a schedule of decision
review periods for covered pesticide registration
actions and corresponding registration service fees
under this Act.
``(2) Report.--The schedule shall be the same as
the applicable schedule appearing in the Congressional
Record on pages S11631 through S11633, dated September
17, 2003.
``(3) Applications subject to decision time review
periods.--The decision time review periods specified in
paragraph (1) shall apply to--
``(A) covered pesticide registration
applications subject to registration service
fees under subsection (b)(2);
``(B) covered pesticide registration
applications for which an applicant has
voluntarily paid registration service fees
under subsection (b)(4); and
``(C) covered pesticide registration
applications listed in the Registration
Division 2003 Work Plan of the Office of
Pesticide Programs of the Environmental
Protection Agency.
``(4) Start of decision time review period.--
``(A) In general.--Except as provided in
subparagraphs (C), (D), and (E), in the case of
a pesticide registration application
accompanied by the registration service fee
required under this section, the decision time
review period begins 21 days after the date on
which the Administrator receives the covered
pesticide registration application.
``(B) Completeness of application.--In
conducting an initial screening of an
application, the Administrator shall
determine--
``(i) whether--
``(I) the applicable
registration service fee has
been paid; or
``(II) the application
contains a waiver or refund
request; and
``(ii) whether the application--
``(I) contains all
necessary forms, data, draft
labeling, and, documentation
certifying payment of any
registration service fee
required under this section; or
``(II) establishes a basis
for any requested waiver or
reduction.
``(C) Applications with waiver or reduction
requests.--
``(i) In general.--In the case of
an application submitted with a request
for a waiver or reduction of
registration service fees under
subsection (b)(7), the decision time
review period shall be determined in
accordance with this subparagraph.
``(ii) Request granted with no
additional fees required.--If the
Administrator grants the waiver or
reduction request and no additional fee
is required, the decision time review
period begins on the earlier of--
``(I) the date on which the
Administrator grants the
request; or
``(II) the date that is 60
days after the date of receipt
of the application.
``(iii) Request granted with
additional fees required.--If the
Administrator grants the waiver or
reduction request, in whole or in part,
but an additional registration service
fee is required, the decision time
review period begins on the date on
which the Administrator receives
certification of payment of the
applicable registration service fee.
``(iv) Request denied.--If the
Administrator denies the waiver or
reduction request, the decision time
review period begins on the date on
which the Administrator receives
certification of payment of the
applicable registration service fee.
``(D) Pending applications.--
``(i) In general.--The start of the
decision time review period for
applications described in clause (ii)
shall be the date on which the
Administrator receives certification of
payment of the applicable registration
service fee.
``(ii) Applications.--Clause (i)
applies to--
``(I) covered pesticide
registration applications for
which voluntary fees have been
paid under subsection (b)(4);
and
``(II) covered pesticide
registration applications
received on or after the
effective date of the Pesticide
Registration Improvement Act of
2003 but submitted without the
applicable registration service
fee required under this section
due to the inability of the
Administrator to assess fees
under subsection (d)(1).
``(E) 2003 work plan.--In the case of a
covered pesticide registration application
listed in the Registration Division 2003 Work
Plan of the Office of Pesticide Programs of the
Environmental Protection Agency, the decision
time review period begins on the date that is
30 days after the effective date of the
Pesticide Registration Improvement Act of 2003.
``(5) Extension of decision time review period.--
The Administrator and the applicant may mutually agree
in writing to extend a decision time review period
under this subsection.
``(g) Judicial Review.--
``(1) In general.--Any applicant adversely affected
by the failure of the Administrator to make a
determination on the application of the applicant for
registration of a new active ingredient or new use for
which a registration service fee is paid under this
section may obtain judicial review of the failure
solely under this section.
``(2) Scope.--
``(A) In general.--In an action brought
under this subsection, the only issue on review
is whether the Administrator failed to make a
determination on the application specified in
paragraph (1) by the end of the applicable
decision time review period required under
subsection (f) for the application.
``(B) Other actions.--No other action
authorized or required under this section shall
be judicially reviewable by a Federal or State
court.
``(3) Timing.--
``(A) In general.--A person may not obtain
judicial review of the failure of the
Administrator to make a determination on the
application specified in paragraph (1) before
the expiration of the 2-year period that begins
on the date on which the decision time review
period for the application ends.
``(B) Meeting with administrator.--To be
eligible to seek judicial review under this
subsection, a person seeking the review shall
first request in writing, at least 120 days
before filing the complaint for judicial
review, a decision review meeting with the
Administrator.
``(4) Remedies.--The Administrator may not be
required or permitted to refund any portion of a
registration service fee paid in response to a
complaint that the Administrator has failed to make a
determination on the covered pesticide registration
application specified in paragraph (1) by the end of
the applicable decision review period.
``(h) Accounting.--The Administrator shall--
``(1) provide an annual accounting of the
registration service fees paid to the Administrator and
disbursed from the Fund, by providing financial
statements in accordance with--
``(A) the Chief Financial Officers Act of
1990 (Public Law 101-576; 104 Stat. 2838) and
amendments made by that Act; and
``(B) the Government Management Reform Act
of 1994 (Public Law 103-356; 108 Stat. 3410)
and amendments made by that Act;
``(2) provide an accounting describing expenditures
from the Fund authorized under subsection (c); and
``(3) provide an annual accounting describing
collections and expenditures authorized under
subsection (d).
``(i) Auditing.--
``(1) Financial statements of agencies.--For the
purpose of section 3515(c) of title 31, United States
Code, the Fund shall be considered a component of an
executive agency.
``(2) Components.--The annual audit required under
sections 3515(b) and 3521 of that title of the
financial statements of activities under this section
shall include an analysis of--
``(A) the fees collected under subsection
(b) and disbursed;
``(B) compliance with subsection (f);
``(C) the amount appropriated to meet the
requirements of subsection (d)(1); and
``(D) the reasonableness of the allocation
of the overhead allocation of costs associated
with the review and decisionmaking pertaining
to applications under this section.
``(3) Inspector general.--The Inspector General of
the Environmental Protection Agency shall--
``(A) conduct the annual audit required
under this subsection; and
``(B) report the findings and
recommendations of the audit to the
Administrator and to the appropriate committees
of Congress.
``(j) Personnel Levels.--All full-time equivalent positions
supported by fees authorized and collected under this section
shall not be counted against the agency-wide personnel level
goals of the Environmental Protection Agency.
``(k) Reports.--
``(1) In general.--Not later than March 1, 2005,
and each March 1 thereafter through March 1, 2009, the
Administrator shall publish an annual report describing
actions taken under this section.
``(2) Contents.--The report shall include--
``(A) a review of the progress made in
carrying out each requirement of subsections
(e) and (f), including--
``(i) the number of applications
reviewed, including the decision times
for each application specified in
subsection (f);
``(ii) the number of actions
pending in each category of actions
described in subsection (f)(3), as well
as the number of inert ingredients;
``(iii) to the extent determined
appropriate by the Administrator and
consistent with the authorities of the
Administrator and limitations on
delegation of functions by the
Administrator, recommendations for--
``(I) expanding the use of
self-certification in all
appropriate areas of the
registration process;
``(II) providing for
accreditation of outside
reviewers and the use of
outside reviewers to conduct
the review of major portions of
applications; and
``(III) reviewing the scope
of use of the notification
process to cover broader
categories of registration
actions; and
``(iv) the use of performance-based
contracts, other contracts, and
procurement to ensure that--
``(I) the goals of this Act
for the timely review of
applications for registration
are met; and
``(II) the registration
program is administered in the
most productive and cost
effective manner practicable;
``(B) a description of the staffing and
resources relating to the costs associated with
the review and decisionmaking pertaining to
applications; and
``(C) a review of the progress in meeting
the timeline requirements of section 4(g).
``(3) Method.--The Administrator shall publish a
report required by this subsection by such method as
the Administrator determines to be the most effective
for efficiently disseminating the report, including
publication of the report on the Internet site of the
Environmental Protection Agency.
``(l) Savings Clause.--Nothing in this section affects any
other duties, obligations, or authorities established by any
other section of this Act, including the right to judicial
review of duties, obligations, or authorities established by
any other section of this Act.
``(m) Termination of Effectiveness.--
``(1) In general.--Except as provided in paragraph
(2), the authority provided by this section terminates
on September 30, 2008.
``(2) Phase out.--
``(A) Fiscal year 2009.--During fiscal year
2009, the requirement to pay and collect
registration service fees applies, except that
the level of registration service fees payable
under this section shall be reduced 40 percent
below the level in effect on September 30,
2008.
``(B) Fiscal year 2010.--During fiscal year
2010, the requirement to pay and collect
registration service fees applies, except that
the level of registration service fees payable
under this section shall be reduced 70 percent
below the level in effect on September 30,
2008.
``(C) September 30, 2010.--Effective
September 30, 2010, the requirement to pay and
collect registration service fees terminates.
``(D) Decision review periods.--
``(i) Pending applications.--In the
case of an application received under
this section before September 30, 2008,
the application shall be reviewed in
accordance with subsection (f).
``(ii) New applications.--In the
case of an application received under
this section on or after September 30,
2008, subsection (f) shall not apply to
the application.''.
(g) Conforming Amendments.--The table of contents in
section 1(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. prec. 136) is amended--
(1) by striking the item relating to section
4(k)(3) and inserting the following:
``(3) Review of inert ingredients; expedited
processing of similar applications.'';
and
(2) by striking the items relating to sections 30
and 31 and inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pesticide registration service fees.
``(a) Definition of costs.
``(b) Fees.
``(1) In general.
``(2) Covered pesticide registration applications.
``(3) Schedule of covered applications and registration service
fees.
``(4) Pending pesticide registration applications.
``(5) Resubmission of pesticide registration applications.
``(6) Fee adjustment.
``(7) Waivers and reductions.
``(8) Refunds.
``(c) Pesticide Registration Fund.
``(1) Establishment.
``(2) Transfers to Fund.
``(3) Expenditures from Fund.
``(4) Collections and appropriations Acts.
``(5) Unused funds.
``(d) Assessment of fees.
``(1) Definition of covered functions.
``(2) Minimum amount of appropriations.
``(3) Use of fees.
``(4) Compliance.
``(5) Subsequent authority.
``(e) Reforms to reduce decision time review periods.
``(f) Decision time review periods.
``(1) In general.
``(2) Report.
``(3) Applications subject to decision time review periods.
``(4) Start of decision time review period.
``(5) Extension of decision time review period.
``(g) Judicial review.
``(1) In general.
``(2) Scope.
``(3) Timing.
``(4) Remedies.
``(h) Accounting.
``(i) Auditing.
``(1) Financial statements of agencies.
``(2) Components.
``(3) Inspector General.
``(j) Personnel levels.
``(k) Reports.
``(1) In general.
``(2) Contents.
``(l) Savings clause.
``(m) Termination of effectiveness.
``(1) In general.
``(2) Phase out.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
(h) Effective Date.--Except as otherwise provided in this
section and the amendments made by this section, this section
and the amendments made by this section take effect on the date
that is 60 days after the date of enactment of this Act.
This division may be cited as the ``Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2004''.
DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS
(INCLUDING RESCISSIONS OF FUNDS)
(INCLUDING TRANSFERS OF FUNDS)
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2004, and for other purposes, namely:
Sec. 101. Section 1241(a)(3) of the Food Security Act of
1985 (16 U.S.C. 3841(a)(3)) is amended by striking ``, using''
and all that follows through ``2013''.
Sec. 102. (a) Of the funds appropriated under the heading
``Emergency Preparedness and Response, Disaster Relief'' in
chapter 2 of title I of Public Law 108-106, $225,000,000 are
rescinded.
(b) In addition to amounts appropriated in Public Law 108-
108 for ``Forest Service, Wildland Fire Management'' for
hazardous fuels reduction, hazard mitigation, and
rehabilitation activities of the Forest Service in southern
California, $25,000,000, to remain available until expended.
(c) In addition to amounts appropriated in Public Law 108-
108 for ``Forest Service, State and Private Forestry'' for
hazard mitigation, fuels reduction, and forest health
protection and mitigation activities on State and private lands
in southern California, $25,000,000, to remain available until
expended.
(d) In addition to amounts made available elsewhere in this
Act for the ``Department of Agriculture, Emergency Watershed
Protection Program'' to carry out additional activities in
response to the recent wildfires in southern California,
including the provision of technical and financial assistance
to respond to the tree mortality emergency in Los Angeles,
Riverside, San Diego and San Bernardino Counties, California,
$150,000,000, to remain available until expended.
(e) For an additional amount for the tree assistance
program in southern California under subtitle C of title X of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8201 et seq.), $12,500,000.
(f) For an additional amount for the emergency conservation
program in southern California under title IV of the
Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.),
$12,000,000.
(g) For an additional amount for the livestock indemnity
program in southern California under the heading ``COMMODITY
CREDIT CORPORATION FUND'' in chapter 1 of title I of the 1999
Emergency Supplemental Appropriations Act (Public Law 106-31;
113 Stat. 59), $500,000.
(h) The amounts provided or made available by this section
are designated by the Congress as an emergency requirement
pursuant to section 502 of H. Con. Res. 95 (108th Congress),
the concurrent resolution on the budget for fiscal year 2004.
Sec. 103. In addition to amounts otherwise made available
in this Act, for ``Office of Justice Programs--State and Local
Law Enforcement Assistance'' for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforcement
Assistance Programs for reimbursement to State and local law
enforcement entities for security and related costs, including
overtime, associated with the 2004 Presidential Candidate
Nominating Conventions, $50,000,000, to remain available until
September 30, 2005.
Sec. 104. (a) Commission on the Abraham Lincoln Study
Abroad Fellowship Program.--There are appropriated, out of any
money in the Treasury not otherwise appropriated, $500,000 to
establish and fund a bipartisan Commission on the Abraham
Lincoln Study Abroad Fellowship Program (in this section
referred to as the ``Commission'').
(b) Recommendations and Development of Program.--
(1) Recommendations.--The Commission shall
recommend a program to greatly expand the opportunity
for students at institutions of higher education in the
United States to study abroad, with special emphasis on
studying in developing nations.
(2) Development of program.--The Secretary of
State, the Secretary of Education, the Secretary of
Commerce, and the Secretary of Defense, in consultation
with the Commission, shall develop a program, described
in paragraph (1), that assists a diverse group of
students and meets the growing need of the United
States to become more sensitive to the cultures of
other countries.
(c) Composition.--
(1) In general.--The Commission shall consist of 17
members to be appointed as follows:
(A) Three members shall be appointed by the
Majority Leader of the Senate.
(B) Three members shall be appointed by the
Minority Leader of the Senate.
(C) Three members shall be appointed by the
Speaker of the House of Representatives.
(D) Three members shall be appointed by the
Minority Leader of the House of
Representatives.
(E) One member shall be appointed by the
President from a list of candidates submitted
by the Secretary of State.
(F) One member shall be appointed by the
President from a list of candidates submitted
by the Secretary of Defense.
(G) One member shall be appointed by the
President from a list of candidates submitted
by the Secretary of Education.
(H) One member shall be appointed by the
President from a list of candidates submitted
by the Secretary of Commerce.
(I) One member shall be appointed jointly
by the individuals described in subparagraphs
(A) through (D), and such member shall serve as
Chair of the Commission.
(2) Types of individuals.--The Commission may
consist of members who are leaders in university
exchange programs, leaders in foreign policy, and
business leaders with experience in international
trade.
(d) Executive Director and Staff.--
(1) Appointment of executive director.--The Chair
of the Commission may, without regard to the civil
service laws and regulations, appoint and terminate an
executive director of the Commission. The employment of
an executive director shall be subject to confirmation
by the Commission. The Chair of the Commission may fix
the compensation of the executive director without
regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code,
relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the
executive director may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of
such title.
(2) Staff.--The executive director may appoint not
more than 3 individuals to assist the executive
director in carrying out the duties of the executive
director. The Chair of the Commission may fix the
compensation of the individuals appointed by the
executive director without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of
positions and General Schedule pay rates, except that
the rate of pay for such individuals may not exceed the
rate payable for level V of the Executive Schedule
under section 5316 of such title.
(e) Compensation.--Members of the Commission shall not
receive compensation for the performance of services for the
Commission, but shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(f) Report.--Not later than December 1, 2004, the
Commission shall submit a report to the appropriate committee
of Congress and the President on recommendations for a program
to greatly expand the opportunity for students at institutions
of higher education in the United States to study abroad.
(g) Termination.--The Commission shall terminate not later
than December 31, 2004.
Sec. 105. (a) None of the funds made available under this
Act may be obligated or expended to implement any measures to
reduce overfishing and promote rebuilding of fish stocks
managed under the Management Plan other than such measures set
out in the final rule.
(b) In this section:
(1) The term ``final rule'' means the final rule of
the National Oceanic and Atmospheric Administration
relating to the Magnuson-Stevens Fishery Conservation
and Management Act Provisions; Fisheries of the
Northeastern United States; Northeast (NE) Multispecies
Fishery that was published on June 27, 2003 (68 Fed.
Reg. 38234).
(2) The term ``Management Plan'' means the
Northeast Multispecies Fishery Management Plan prepared
pursuant to section 303 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853).
Sec. 106. In addition to amounts otherwise made available
in this Act, for ``Supreme Court of the United States, Care of
the Building and Grounds'', $16,000,000, to remain available
until expended.
Sec. 107. For an additional amount under the heading
``State and Local Law Enforcement Assistance, Office of Justice
Programs'', $2,250,000, of which $750,000 shall only be
available for the University of Southern Mississippi Rural Law
Enforcement Training Initiative, $750,000 shall only be
available for the Mississippi University for Women
Institutional Security Program, and $750,000 shall only be
available for the City of Jackson, Mississippi, Public Safety
Automated Technologies Program.
Sec. 108. Upon enactment of this Act, the Secretary of
Defense shall make the following transfers of funds: Provided,
That funds so transferred shall be merged with and shall be
available for the same purpose and for the same time period as
the appropriation to which transferred: Provided further, That
the amounts shall be transferred between the following
appropriations in the amounts specified:
From:
Under the heading, ``Shipbuilding and
Conversion, Navy, 1998/2007'':
CVN Refuelings, $29,000,000;
Under the heading, ``Shipbuilding and
Conversion, Navy, 2003/2007'':
Outfitting, post delivery,
conversions, and first destination
transportation, $8,000,000;
Under the heading, ``Shipbuilding and
Conversion, Navy, 2004/2008'':
Outfitting, post delivery,
conversions, and first destination
transportation, $11,800,000;
CVN Refuelings (AP), $16,600,000;
Under the heading, ``Research, Development,
Test and Evaluation, Navy, 2004/2005'',
$9,200,000;
To:
Under the heading, ``Shipbuilding and
Conversion, Navy, 2004/2008'':
NSSN (AP), $37,200,000;
NSSN, $11,800,000;
Under the heading, ``Shipbuilding and
Conversion, Navy, 2002/2006'':
SSN Submarine Refuelings,
$19,600,000; and
Under the heading, ``Defense Health
Program'', $6,000,000.
Sec. 109. Effective immediately after the enactment of the
National Defense Authorization Act for Fiscal Year 2004,
section 724(d)(2) of the National Defense Authorization Act for
Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is
amended--
(1) in subparagraph (A)--
(A) by redesignating clauses (i) and (ii)
as clauses (ii) and (iii), respectively; and
(B) by inserting after ``who--'' the
following new clause (i):
``(i) do not have other primary health insurance
coverage (other than Medicare coverage) covering basic
primary care and inpatient and outpatient services;'';
and
(2) by striking subparagraph (B) and inserting the
following:
``(B) For each fiscal year beginning after September 30,
2003, the number of covered beneficiaries newly enrolled by
designated providers pursuant to clause (ii) of subparagraph
(A) during such fiscal year may not exceed 10 percent of the
total number of the covered beneficiaries who are newly
enrolled under such subparagraph during such fiscal year.''.
Sec. 110. Section 853 of the National Defense Authorization
Act for Fiscal Year 2004 is amended--
(1) by redesignating subsection (c) as subsection
(d);
(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 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.
(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.
(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) through (d) shall
apply to fiscal year 2004, and each fiscal year
thereafter.
(2) Fiscal year 2004.--Subsections (e) and (f)
shall apply to fiscal year 2004.
Sec. 155. Payment of Expenses of the Chaplain of the Senate
From the Contingent Fund of the Senate. (a) In General.--For
each fiscal year there is authorized to be expended from the
contingent fund of the Senate an amount, not in excess of
$50,000 for the Chaplain of the Senate. Payments under this
section shall be made only for expenses actually incurred by
the Chaplain of the Senate in carrying out his functions, and
shall be made upon certification and documentation of the
expenses involved, by the Chaplain claiming payment under this
section and upon vouchers approved by the Chaplain and by the
Committee on Rules and Administration. Funds authorized for
expenditure under this section may be used to purchase food or
food related items.
(b) Repeal of Revolving Fund.--
(1) Repeal.--Section 2 of the Legislative Branch
Appropriations Act, 1996 (2 U.S.C. 61d-3) is repealed.
(2) Remaining funds.--Any funds in the Chaplain
Expense Revolving Fund on the date of the repeal under
this section shall be remitted to the general fund of
the United States Treasury.
(c) Effective Date.--This section shall apply with respect
to fiscal year 2004, and each fiscal year thereafter.
Sec. 156. (a) There is established in the House of
Representatives a fund to be known as the ``House of
Representatives Revolving Fund'', consisting of the following
amounts:
(1) Amounts appropriated to the Fund.
(2) Amounts donated to the Fund.
(3) Interest on the balance of the Fund.
(b) Amounts in the Fund shall be expended at the direction
of the Chief Administrative Officer of the House of
Representatives, upon notification provided by the Chief
Administrative Officer to the Committee on Appropriations of
the House of Representatives, and shall remain available until
expended.
(c) This section shall apply with respect to fiscal year
2004 and each succeeding fiscal year.
Sec. 157. Recomputation of Benefits Guaranteed in
Connection With the Termination of the Republic Steel
Retirement Plan. (a) In General.--The Pension Benefit Guaranty
Corporation shall recompute the liability for monthly benefits
guaranteed under section 4022 of the Employee Retirement Income
Security Act of 1974 which are payable (without regard to this
section) with respect to each participant and beneficiary under
the Republic Steel Retirement Plan in connection with its
termination on September 30, 1986.
(b) Adjustment of Guaranteed Benefit Amounts.--In
recomputing the liability for monthly guaranteed benefits
pursuant to subsection (a) with respect to each participant or
beneficiary, the Corporation shall increase the amount of such
liability (as determined without regard to this section) by--
(1) the amount of the liability for nonguaranteed
benefits under the LTV Steel Supplemental Pension Plan,
as in effect with respect to such participant or
beneficiary on January 1, 2001, and
(2) the amount of the liability for nonguaranteed
benefits payable through the trust established in
connection with the Republic Steel Plan under section
4049 of the Employee Retirement Income Security Act of
1974, as in effect with respect to such participant or
beneficiary on January 1, 2001.
(c) Certain Benefits Disregarded.--In making the
recalculation under this section, the Corporation shall
disregard--
(1) the amount of any benefits which were not paid
during the period beginning with January 1, 2001, and
ending with December 31, 2003, under the LTV Steel
Supplemental Pension Plan or through the section 4049
trust referred to in subsection (b)(2),
(2) any liability for benefits under the LTV Steel
Supplemental Pension Plan or through the section 4049
trust referred to in subsection (b)(2) that were
included in the LTV Steel Salaried Defined Benefit
Retirement Plan, as in effect on January 1, 1999,
(3) any liability for additional benefits that were
included in the LTV Steel Supplemental Pension Plan to
compensate for any liability of participants and
beneficiaries under chapter 21 of the Internal Revenue
Code of 1986 in connection with benefits payable under
such Plan, and
(4) any liability under the LTV Steel Supplemental
Pension Plan for temporary supplements.
(d) Timing and Application of Determinations.--
Determinations of the increase in liability pursuant to
subsection (b) shall be made as of December 31, 2003, using the
mortality and interest assumptions otherwise applicable to plan
terminations under title IV of the Employee Retirement Income
Security Act of 1974 on such date. The recomputation under this
section shall apply only with respect to benefits payable after
such date.
Sec. 158. In addition to amounts appropriated or otherwise
made available in other Acts, $9,692,000 is hereby appropriated
to the Department of Defense Family Housing Improvement Fund,
to remain available until expended, for family housing
initiatives undertaken pursuant to the provisions of subchapter
IV of chapter 169, title 10, United States Code: Provided, That
such funds shall be available to cover the costs, as defined in
section 502(5) of the Congressional Budget Act of 1974, of
direct loans or loan guarantees issued by the Department of
Defense pursuant to the provisions of such subchapter: Provided
further, That of the funds available in the ``Foreign Currency
Fluctuations, Construction, Defense'' account, $9,692,000 are
rescinded.
Sec. 159. For an additional amount to carry out section 257
of the Help America Vote Act of 2002, $1,000,000,000, to remain
available until expended: Provided, That no more than \1/10\ of
1 percent of funds available for requirements payments under
section 257 of the Help America Vote Act of 2002 shall be
allocated to any territory.
Sec. 160. (a) Designation.--The United States courthouse
located at 333 Lomas Blvd N.W. in Albuquerque, New Mexico,
shall be known and designated as the ``Pete V. Domenici United
States Courthouse''.
(b) 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 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.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and Senate at the
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 programs for the
fiscal year ending September 30, 2004, and for other purposes,
submit the following joint statement to the House and Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
This conference agreement includes the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2004; the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2004; the District of Columbia Appropriations Act, 2004;
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004; the Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 2004; the Transportation, Treasury, and
Independent Agencies Appropriations Act, 2004; the Departments
of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2004; and the
Miscellaneous Appropriations and Offsets Act, 2004.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004
Congressional Directives
The statement of the managers remains silent on
provisions that were in both the House and Senate bills that
remain unchanged by this conference agreement, except as noted
in this statement of the managers.
The conferees agree that executive branch wishes cannot
substitute for Congress's own statements as to the best
evidence of congressional intentions--that is, the official
reports of the Congress. The conferees further point out that
funds in this Act must be used for the purposes for which
appropriated, as required by section 1301 of title 31 of the
United States Code, which provides: ``Appropriations shall be
applied only to the objects for which the appropriations were
made except as otherwise provided by law.''
The House and Senate report language that is not changed
by the conference is approved by the committee of conference.
The statement of the managers, while repeating some report
language for emphasis, does not intend to negate the language
referred to above unless expressly provided herein.
In cases in which the House or the Senate have directed
the submission of a report, such report is to be submitted to
both the House and Senate Committees on Appropriations.
In instances where the conference report refers to ``the
Committees,'' it is the intent of the Managers to mean the
Committees on Appropriations of both House and Senate.
TITLE I--AGRICULTURAL PROGRAMS
Production, Processing, and Marketing
Office of the Secretary
The conference agreement provides $5,092,000 for the
Office of the Secretary instead of $3,468,000 as proposed by
the House and $10,046,000 as proposed by the Senate.
The conferees note that the Congress included an
authorization in the Farm Security and Rural Investment Act of
2002 (Section 10802) for a food biotechnology education
program. This program is intended to provide the public with
science-based evidence on the safety of foods produced with
biotechnology for human consumption. The conferees direct the
Secretary to provide the Committees with a defined plan within
30 days of enactment of this bill, detailing how the USDA
intends to implement this food biotechnology education program
and fulfill this statutory requirement.
The conferees agree that emergency preparedness related
to field crops, farm animals and food processing and
distribution is of critical importance, and that the
agriculture and food sectors are part of the critical
infrastructure requiring heightened attention and protection.
Given the integral roles of state and local governments and the
private sector in detecting, deterring and responding to acts
of agro-terrorism, the conferees expect the Department of
Agriculture and theDepartment of Homeland Security to
coordinate efforts in assisting states, particularly by providing
financial and technical support to initiatives oriented toward
interstate cooperation in joint preparedness initiatives. The conferees
are particularly interested in those states that have developed or are
currently developing coordinated interstate initiatives.
The conferees note that as of September 30, 2003,
$80,000,000 remains available to the Department from funds
provided through the Emergency Response Fund (ERF), of which
nearly $9,000,000 is available to the Secretary. Since these
funds were provided, USDA has been one of the slowest Federal
agencies to obligate its ERF funds. The conferees are aware of
concerns about security, such as those raised by GAO and the
USDA Inspector General in recent reports and in news reports
regarding ``table top'' homeland security exercises. The
conferees urge the Secretary to act promptly to address
identified security needs and to advise the Committees on
Appropriations of needs for which additional funds may be
necessary. The conferees further direct the Secretary to advise
the Committees promptly of the results of any future homeland
security exercises.
The conferees are concerned about the possibility of
bovine spongiform encephalopathy entering the United States
through the importation of live cattle. The beef industry is
the single largest industry in American agriculture, and an
outbreak of BSE would be devastating to the industry, and to
the public's perception of the safety of American food.
Accordingly, the United States has never allowed the
importation of live cattle from a country that has been found
to have BSE. The conferees believe that the Secretary should
not allow the importation of live cattle from any country known
to have BSE unless that country complies with the animal health
guidelines established by the World Organization for Animal
Health. The conferees also expect the Secretary to continue to
abide by international standards for the continued health and
safety of the United States livestock industry.
The conferees are aware of current efforts to begin a
study of the use of conservation cropping techniques in
southeastern North Dakota, northeastern South Dakota and
western Minnesota. The goal of this study would be to identify
conservation rotations, cover crops, seeding techniques, and
residue management practices that would make conservation
tillage acceptable and profitable in these climate transition
areas. The conferees encourage the Secretary to support efforts
to begin this study, as appropriate.
The conferees are aware that USDA was authorized to
develop a Delmarva Conservation Corridor Demonstration Program
in the 2002 farm bill, but has not yet done so. This program
allows USDA to target the benefits of watershed-based
conservation programs to farmlands that local stakeholders have
determined to be the most ecologically and economically
important, with the goal of maximizing the ecological and
working lands potential of the landscape. The conferees
encourage the Secretary to support this program, and remind
USDA that the intent of the 2002 farm bill provision was to
allow the Secretary and the states flexibility in using the
resources of existing agricultural conservation and forestry
programs.
The conferees encourage NRCS, through the Conservation
Technical Assistance Program, to work with the Thunder Basin
Prairie Ecosystem Association and the U.S. Department of the
Interior to continue work to develop a comprehensive and
multispecies land management proposal for more than 260,000
acres of Federal and private lands within the Thunder Basin
National Grasslands.
The conferees strongly encourage the Secretary to work to
ensure that no chicken purchased for the School Lunch Program
contains fluoroquinolones, including the initiation of a policy
to not purchase chickens for these programs from companies that
do not have a stated policy that they do not use
fluoroquinolones in their chickens.
The conferees are aware that the Farm Service Agency has
been given new responsibilities in carrying out portions of the
Trade Adjustment Assistance program as authorized in the Trade
Act of 2002. The conferees direct the Secretary, within 60 days
of enactment of this Act, to provide the Committees on
Appropriations an assessment of the staffing needs for each
state office to carry out these new responsibilities.
The conferees are aware that the mission of USDA is to
support agriculture and rural development in the U.S. and
around the world, and this mission is supported by American tax
dollars. Therefore, the conferees strongly encourage the
Secretary to make every effort to ensure that purchases made by
USDA are manufactured or produced in the United States.
The conferees have provided a total of $3,300,000 for
cross-cutting trade negotiations and biotechnology resources.
Of this amount, the conferees provide $1,000,000 in the APHIS
account, $500,000 in the FAS account, and $150,000 in the GIPSA
account for these activities. Further, the conferees provide
$1,650,000 to the Office of the Secretary for these activities,
and direct that these funds shall become available for
obligation only after the Secretary has provided to the
Committees a detailed explanation of proposed expenditures.
The conferees commend the Department on the success
achieved with the Lamb Meat Adjustment Program. However, the
conferees also recognize the ewe lamb expansion portion was
curtailed as a result of the serious drought conditions
throughout the United States. The conferees encourage the
Department to continue this portion of the program for an
additional year.
The conferees expect the Secretary to seek the approval
of the Committees on Appropriations before implementing a
merger or reduction of any administrative or information
technology functions relating to the Farm ServiceAgency,
Natural Resources Conservation Service, Rural Development, or any other
agency of the Department.
The conferees are concerned that transfers of funds from
APHIS and ARS to the Department of Homeland Security (DHS) may
result in a shift in focus away from agriculture, and fully
expect the Secretary of Agriculture to seek assurances from the
Secretary of Homeland Security that these diagnostic and
research activities at Plum Island will firmly remain tied to
agricultural interests. The conferees direct the Secretary to
report to the Committees on Appropriations by February 1, 2004,
on the funding amounts and the agricultural diagnostic and
research activities at Plum Island that have been agreed upon
by USDA and DHS for fiscal year 2004.
The conferees concur with the language and reporting
requirement contained in the Senate report regarding
geographically disadvantaged farmers and ranchers. In preparing
the report, the Department shall work with the Farm Service
Agency and all other relevant departmental agencies.
The conferees are aware that applications for the Senior
Farmers' Market Nutrition Program are increasing and exceed the
annual $15,000,000 provided in the farm bill. The conferees
urge the Secretary to take maximum advantage of additional
resources available to supplement existing funding, in order to
meet demand for the program.
In order to provide a safeguard against the further
decline of the rice industry and wildlife habitat in Texas, and
to provide information to the Congress in anticipation of and
preparation for the 2007 farm bill, the conferees direct the
Secretary of Agriculture to review the administration of
section 1105(a)(1)(E) of Public Law 107-171 as it relates to
the proper application and implementation of the conserving use
requirements on rice base acreage in Texas. The Secretary shall
review and evaluate the costs, benefits and effects of the
conserving use requirements and actual plantings and production
on rice producers, including tenant rice producers, the rice
milling and processing industry, wildlife habitat, and the
economies of rice farming areas in Texas, detailed by each of
these affected interests and by the program variables involved.
The Secretary shall post on the USDA website and also
provide to the Committee on Agriculture, Nutrition, and
Forestry of the Senate and the Committee on Agriculture of the
House of Representatives an annual report detailing the
progress and findings by February 1, 2004 and not later than
October 1 of 2005 through 2007.
The conferees are aware that Section 10502 of the Farm
Security and Rural Investment Act of 2002 (P.L. 107-171)
requires the Secretary to investigate the problem of non-
ambulatory livestock, report the findings to Congress, and
promulgate regulations to regulate the humane treatment,
handling and disposition of these livestock if deemed necessary
by the results of the study. The conferees are concerned that
although the farm bill was signed into law on May 7, 2002, USDA
did not publish a Notice of Request for Approval of an
Information Collection in the Federal Register to begin
collecting information for this study until October 28, 2003.
The conferees direct the Secretary to work expeditiously to
complete this study at the earliest possible time, and to
provide copies of all interim reports as well as the final
report to the Committees on Appropriations and the authorizing
committees. Further, the Secretary is directed to provide to
the Committees on Appropriations a preliminary report no later
than March 1, 2004.
Executive Operations
CHIEF ECONOMIST
The conference agreement provides $8,707,000 for the
Office of the Chief Economist as proposed by the Senate instead
of $8,716,000 as proposed by the House.
The conferees direct the Department to submit to the
Committees on Appropriations the biofuels report requested by
the House by February 1, 2004.
NATIONAL APPEALS DIVISION
The conference agreement provides $13,670,000 for the
National Appeals Division as proposed by the House instead of
$13,997,000 as proposed by the Senate.
Office of Budget and Program Analysis
The conference agreement provides $7,740,000 for the
Office of Budget and Program Analysis instead of $7,749,000 as
proposed by the House and $7,544,000 as proposed by the Senate.
HOMELAND SECURITY STAFF
The conference agreement provides $499,000 for Homeland
Security staff instead of $910,000 as proposed by the Senate.
The House did not provide funding for this account.
Office of the Chief Information Officer
The conference agreement provides $15,493,000 for the
Office of the Chief Information Officer instead of $14,993,000
as proposed by the House and $15,710,000 as proposed by the
Senate.
COMMON COMPUTING ENVIRONMENT
The conference agreement provides $119,289,000 for Common
Computing Environment instead of $100,999,000 as proposed by
the House and $118,789,000 as proposed by the Senate.
The conferees are aware that the acquisition of
geospatial data and Geographic Information System technologies
is critical to the Department of Agriculture's plans to
modernize its County Service Centers and install a common
computing environment that optimizes information sharing,
customer service, and staff efficiencies, and dramatically
improves the Department's ability to track and react to natural
disasters, plant and animal disease outbreaks and bioterrorism
events. Within the funds provided in this Act, the conferees
encourage the Department to provide the appropriate level of
support for the acquisition of geospatial data and Geographic
Information System technologies.
Office of the Chief Financial Officer
The conference agreement provides $5,684,000 for the
Office of the Chief Financial Officer instead of $5,785,000 as
proposed by the House and $5,496,000 as proposed by the Senate.
WORKING CAPITAL FUND
The conferees are concerned about issues raised by the
Department's recent report on remote mirroring technology and
expect the fiscal year 2005 budget request to adequately
address these needs identified in the report, including how the
costs of the remote data capability should be assigned and paid
for by non-USDA users of the NFC as requested in the fiscal
year 2003 Act.
The conferees deem the study submitted on remote mirror
imaging sufficient to meet the requirement set forth in the
fiscal year 2003 Act for release of funds. The conferees direct
that of the funds provided in the fiscal year 2003 Agriculture
Appropriations Act, no less than $4,000,000 shall be spent for
the immediate implementation of an interim solution to address
data vulnerability for mission critical applications, including
data storage hardware and software, data replication software,
and synchronous replication of the identified mission critical
data. The conferees direct that this interim solution be
achieved within six months of enactment of this Act.
Office of the Assistant Secretary for Civil Rights
The conference agreement provides $808,000 for the Office
of the Assistant Secretary for Civil Rights as proposed by the
House instead of $794,000 as proposed by the Senate.
Office of Civil Rights
The conference agreement provides $17,450,000 for the
Office of Civil Rights instead of $15,445,000 as proposed by
the Senate. The House provided no funding for this account.
Office of the Assistant Secretary for Administration
The conference agreement provides $673,000 for the Office
of the Assistant Secretary for Administration as proposed by
the Senate instead of $678,000 as proposed by the House.
Agriculture Buildings and Facilities and Rental Payments
The conference agreement provides $156,469,000 for
agriculture buildings and facilities and rental payments
instead of $156,091,000 as proposed by the House and
$187,022,000 as proposed by the Senate.
Hazardous Materials Management
The conference agreement provides $15,611,000 for
Hazardous Materials Management as proposed by the Senate
instead of $15,713,000 as proposed by the House.
Departmental Administration
The conference agreement provides $23,031,000 for
Departmental Administration as proposed by the Senate instead
of $40,597,000 as proposed by the House.
Office of the Assistant Secretary for Congressional Relations
The conference agreement provides $3,796,000 for the
Office of the Assistant Secretary for Congressional Relations
as proposed by the House instead of $3,825,000 as proposed by
the Senate.
Office of Communications
The conference agreement provides $9,228,000 for the
Office of Communications as proposed by the Senate instead of
$9,245,000 as proposed by the House.
The Committees directed the Office to provide them with
copies of open source news material made available to USDA
officials through the use of appropriated funds. The Office has
not done so. Accordingly, the conferees direct the Office to
begin doing so no later than 15 days after the date of
enactment of this Act.
Office of the Inspector General
The conference agreement provides $77,281,000 for the
Office of the Inspector General instead of $78,114,000 as
proposed by the House and $75,781,000 as proposed by the
Senate.
Office of the General Counsel
The conference agreement provides $34,700,000 for the
Office of the General Counsel as proposed by the House instead
of $35,343,000 as proposed by the Senate.
The conferees note that the fiscal year 2004 funding
level for the Office of the General Counsel does not provide
funds to increase the number of Senior Executive Service
employees of the Office. If the Office of the General Counsel
determines the need to increase the number of SES employees in
the Office, the General Counsel is directed to submit a
reorganization plan to the Committees on Appropriations for
approval.
Office of the Under Secretary for Research, Education and Economics
The conference agreement provides $596,000 for the Office
of the Under Secretary for Research, Education and Economics as
proposed by the Senate instead of $597,000 as proposed by the
House.
The conferees are concerned that research budgets
submitted by the Department reflect a continuing disregard for
Congressional program priorities. For a number of years, there
has been no adequate justification presented to the Committees
to support proposed project terminations. As a result, such
proposed terminations have been disapproved by Congress, only
to be resubmitted in a budget proposal for a subsequent year.
The conferees direct the Under Secretary to end the recycling
of proposed terminations that have already been rejected by the
Congress. Further, the conferees expect that any termination
proposed in the fiscal year 2005 budget will include a detailed
justification in the explanatory notes accompanying the budget
request.
Economic Research Service
The conference agreement provides $71,402,000 for the
Economic Research Service as proposed by the House instead of
$69,902,000 as proposed by the Senate.
The conferees encourage ERS to coordinate with the North
Carolina Department of Agriculture and North Carolina State
University to collect the economic data and do the statistical
analysis necessary to study the impact that growth in the
horticulture industry is having on that state's economy.
The conferees provide the requested increase of
$1,000,000 for development of an expanded Security Analysis
System for U.S. Agriculture (SAS-USA). This is a scenario-based
decision system, which will aid in evaluating threats to the
food system. Within the amount provided, the conferees
encourage ERS to develop requirements for a system to use
available agricultural data to circumvent an attack on the food
supply chain.
National Agricultural Statistics Service
The conference agreement provides $128,922,000 for the
National Agricultural Statistics Service as proposed by the
Senate instead of $129,800,000 as proposed by the House.
The conferees provide $4,800,000 for Agricultural
estimates. The conferees encourage NASS to consider conducting
Monthly Hogs and Pigs Inventory reporting, and Barrow and Gilt
Slaughter reporting. The conferees also expect that both the
potato objective yield survey and the potato size and grade
survey will be continued.
Agricultural Research Service
SALARIES AND EXPENSES
The conference agreement provides $1,088,892,000 for the
Agricultural Research Service, Salaries and Expenses, instead
of $1,014,000,000 as proposed by the House and $1,045,533,000
as proposed by the Senate.
The conference agreement includes bill language proposed
by the Senate regarding a land conveyance.
The conferees have agreed to increased funding for the
following laboratories and areas of research:
Budgeted increases, as follows: Babesiosis (Pullman, WA),
$270,000; (Kerrville, TX), $630,000; Maize (Albany, CA),
$180,000; Genetic Markers, Genomics, New Bioinformatics Tools
(Ithaca, NY), $270,000; Computer Networking Capabilities
(Beltsville, MD), $225,000; Soybean and Other Vegetable Oils
(Peoria, IL), $360,000; Turf and Forage Grasses (Corvalis, OR),
$135,000; Pink Bollworm (Phoenix, AZ), $225,000; Resistant Pest
(Wapato, WA), $144,000; Asian Longhorned Beetle Including
Emerald Ash Borer (Newark, DE), $270,000; Livestock Disease
(Ames, IA), $270,000; Poultry Disease (Athens, GA), $270,000;
Forensic Databases of Animal Diseases Including Nucleic Acid
(Clay Center, NE), $270,000; Arbovirus Threats (Laramie, WY),
$270,000; Merek's Disease (East Lansing, MI), $270,000; Foot
and Mouth Disease (Headquarters), $315,000; Newcastle Disease
(Athens, GA), $270,000; Emerging Diseases Offshore
(Headquarters), $225,000.
Further increases, as follows: Advanced Animal Vaccines
(U CT/U MO), $270,000; Agricultural Law, NAL (Drake
University), $18,000; Agriculture Genome Bioinformatics, Ames,
IA (Bioinformatics Institute for Model Plant Species),
$540,000; Air Quality Research, Logan, UT (Utah State),
$900,000; Air Quality (PM-10), Pullman, WA, $225,000; Animal
Waste Treatment, Florence, SC, $270,000; Appalachian Fruit
Research Station, Kearneysville, WV, $180,000; Appalachian
Horticulture Research, Poplarville, MS (U TN/TN State),
$450,000;Appalachian Pasture-Based Beef Systems, Beaver, WV,
$90,000; Aquaculture Feeds/Aquaculture Research, Aberdeen, ID (U of ID
Hagerman Fish Culture Experiment Station), $270,000; Biomedical
Materials in Plants, Beltsville, MD (Biotechnology Foundation),
$248,000; Bovine Genetics, Beltsville, MD (U CT/U IL), $540,000;
Broomweed Biological Controls, Albany, CA, $270,000; Canada Thistle,
Fargo, ND, $270,000; Cereal Disease Research, St. Paul, MN, $45,000;
Children's Nutrition Center, Little Rock, AR, $225,000; Chronic
Diseases of Children, Houston, TX (Baylor U/Peanut Institute),
$383,000; Citrus Waste Utilization, Winter Haven, FL (FL Dept of
Citrus), $360,000; Conservation Tillage, Pendleton, OR, $225,000; Corn
Germplasm, Ames, IA, $225,000; Cotton Pathology Research, Shafter, CA,
$270,000; Cotton Quality, Clemson, SC, $270,000; Cropping Systems
Research (U TN/West TN Ag Experiment Station), $630,000; Crop
Production and Food Processing, Peoria, IL (Purdue U/U IL), $387,000;
Dairy Forage (Madison, WI) $1,260,000; Delta Nutrition Intervention
Initiative, Little Rock, AR (Southern U Center for Food Nutrition and
Health Promotion), $270,000; Diet, Nutrition, and Obesity Research
(Pennington Biomedical Research Center), $675,000; Ecology of Tamarix
(Reno, NV), $900,000; Emissions from Livestock Wastewater (Florence,
SC), $90,000; Endophyte Research, Booneville, AR (Univ. of AR/MO/OSU),
$135,000; Feed Efficiency in Cattle (Clay Center, NE), $225,000; Fish
Disease Research (Auburn, AL), $90,000; Flood Control Acoustic
Technology, National Sedimentation Lab (Oxford, MS), $225,000; Food
Fermentation Research (Raleigh, NC), $270,000; Food Safety and
Engineering, Wyndmoor, PA (Purdue Univ), $90,000; Forage and Range
Research (Logan, UT), $270,000; Formosan Subterranean Termite (New
Orleans, LA), $315,000; Ft. Pierce Horticultural Research Laboratory
(Ft. Pierce, FL), $450,000; Foundry Sand By-products Utilization (Ohio
State/Purdue Univ), $162,000; Geisinger Rural Aging Study (PA),
$135,000; Grand Forks Human Nutrition Lab, Grand Forks, ND (U of ND
School of Medicine and Health Sciences), $270,000; Grape Genetics
(Geneva, NY), $270,000; Grassland Soil and Water Research (Temple, TX),
$225,000; Great Lakes Aquaculture Research (U of WI, $300,000),
$540,000; Human Nutrition Research Center on Aging (Boston, MA),
$225,000; Invasive Aphid Research (Stillwater, OK), $225,000; Invasive
Aquatic Weeds (Ft. Lauderdale, FL), $135,000; Karnal Bunt, Manhattan,
KS (Kansas State Univ), $90,000; Mid-West/Mid-South Irrigation,
Columbia, MO (U of MO Delta Ctr., Portageville, MO), $45,000; Minor Use
Pesticides (IR-4) (NJ, DE, Mid-Atlantic Region), $270,000; Monkeypox
Research (Ames, IA), $900,000; National Cold Water Marine Aquaculture
(Orono, ME), $270,000; Natural Products, Oxford, MS (National Center
for Natural Products), $450,000; Northern Grains Insect Laboratory
(Brookings, SD), $450,000; Northern Plains Agricultural Research Lab
(Sidney, MT), $810,000; Northwest Hops/Hops Research (Corvallis, OR),
$225,000; Nutritional Requirements Research/Children's Nutrition
Research Center (Houston, TX), $450,000; Ogallala Aquifer (Bushland,
TX), $855,000; Olive Fruitfly Research (Montpellier, France), $90,000;
Ornamental and Horticulture Research (Pear Thrips) (Ithaca, NY) (Univ
VT), $135,000; Paper Sludge Utilization (Coshocton, OH), $225,000;
Peanut Research (Dawson, GA), $135,000; Phytoestrogen Research, SRRC
(Tulane/Xavier/U of Toledo), $360,000; Pierce's Disease/Glassy-winged
Sharpshooter (Davis, CA/Parlier, CA/Ft. Pierce, FL), $450,000; Plant
Genetic Diversity and Gene Discovery Center, Logan, UT (Utah Ag
Experiment Station), $675,000; Poisonous Plant Research Laboratory
(Logan, UT), $1,080,000; Potato Research (Aberdeen, ID/Prosser, WA),
$270,000; Potato Storage (Madison, WI), $270,000; Rainbow Trout,
Aberdeen, ID (U of ID Hagerman Fish Culture Experiment Station),
$653,000; Regional Molecular Genotyping (Raleigh, NC/Fargo, ND/
Manhattan, KS/Pullman, WA), $720,000; Seafood Waste, Fairbanks, AK (U
of AK), $180,000; Shellfish Ecology, Newport, OR (Hatfield Marine
Science Center), $270,000; Small Fruits Research (Corvallis, OR),
$225,000; Soil Drainage Research (Columbus, OH), $144,000; Soil
Dynamics Research (Auburn, AL) $270,000; Sorghum Cold Tolerance
(Lubbock, TX), $270,000; Sorghum Utilization (Manhattan, KS), $360,000;
Source Water Protection Initiatives (Columbus, OH/W. Lafayette, IN),
$360,000; South Central Agricultural Research Laboratory (Lane, OK),
$270,000; Southeastern Fruit and Tree Nut Research (Byron, GA),
$270,000; Sudden Oak Disease/Sudden Oak Disease Syndrome (Ft. Detrick,
MD/Davis, CA), $450,000; Sugarbeet Research (Kimberly, ID), $36,000;
Sugarcane Research (Houma, LA/New Orleans, LA), $270,000; Sugarcane
Variety Research (Canal Point, FL), $360,000; Sustainable Grazing
Livestock Systems/Forage-Livestock Systems, Lexington, KY (U of KY),
$540,000; Sustainable Olive Production (Weslaco, TX), $270,000;
Sustainable Viticulture Research (Davis, CA), $270,000; Tree Fruit
Quality Research (Wenatchee, WA), $270,000; Trout Genome Mapping,
Leetown, (WV Univ), $450,000; United States National Arboretum
(Washington, D.C.), $810,000; U.S. Pacific Basin Ag Research Center,
Hilo, HI (Univ HI Manoa/Univ HI Hilo), $360,000; U.S. Vegetable Lab,
Staffing (Charleston, SC), $270,000; Vector-borne Diseases
(Gainesville, FL), $225,000; Verticillium Wilt (Salinas, CA), $360,000;
Waste Management Research, Bowling Green, KY (Western KY Univ),
$450,000; Water Use Reduction/Producer Enhancement Research (Dawson,
GA), $225,000; Weed Management Research (Beltsville, MD), $270,000;
Western Grazinglands (Burns, OR/Reno, NV), $270,000; West Nile Virus,
Gainesville, FL (CT Ag Exp Station), $225,000; Wheat Quality Research
(Wooster, OH/Manhattan, KS/Pullman, WA), $675,000; and Wine Grape
Foundation Block (Prosser, WA), $135,000.
The conference agreement continues the fiscal year 2003
level of funding for all research projects proposed to be
terminated in the President's budget.
The conference agreement concurs with the Agricultural
Research Service's proposal to reprogram existing resources
into priority initiatives of emerging diseases, global climate
change, biosecurity, and genomic sequencing.
The conference agreement provides $13,772,000 for
increased costs associated with Federal employees salaries and
benefits.
The conference agreement provides an additional $383,000
for the Children's Nutrition Research Center at Houston, TX,
for a cooperative research project with Baylor College of
Medicine and the Peanut Institute to examine ways to prevent
the onset of chronic diseases and the growing problem of
overweight children.
The conference agreement provides an additional $450,000
for increased investigation of the nutritional needs of
pregnant and nursing women, and children.
The conference agreement provides an additional $225,000
for ongoing cooperative research between the Flint River Water
Planning & Policy Center and the National Peanut Research
Laboratory at Dawson, Georgia.
The conferees provide increased funding for the
development of a wine grape foundation block of certified
``clean'' rootstock at Prosser, WA and direct ARS to ensure
that this funding is not obligated toward other research.
BUILDINGS AND FACILITIES
The conference agreement provides $63,810,000 for the
Agricultural Research Service, Buildings and Facilities,
instead of $35,900,000 as proposed by the House and $46,000,000
as proposed by the Senate.
The following items reflect the conference agreement:
Grape Genomics Research Center (Davis, California), $2,700,000;
U.S. Agricultural Research Station (Salinas, California),
$4,500,000; U.S. Pacific Basin Agricultural Research Center
(Hilo, Hawaii), $4,860,000; National Center for Agricultural
Utilization Research (Peoria, Illinois), $2,700,000; ARS
Sugarcane Research Laboratory (Houma, Louisiana), $1,350,000;
Northeast Marine Cold Water Aquaculture Research Center (Orono/
Franklin, Maine), $2,700,000; Abraham Lincoln National
Agricultural Library (Beltsville, Maryland), $900,000;
Beltsville Agricultural Research Center (Beltsville, Maryland),
$2,700,000; Jamie Whitten Delta States Research Center
(Stoneville, Mississippi), $4,860,000; National Plant and
Genetics Security Center (Columbia, Missouri), $2,430,000;
Northern Plains Agricultural Research Laboratory (Sidney,
Montana), $2,520,000; Center for Crop-based Health Genomics
(Ithaca, New York), $3,870,000; Center for Grape Genetics
(Geneva, New York), $2,430,000; Grazinglands Research
Laboratory (Ft. Reno, Oklahoma), $2,160,000; U.S. Vegetable
Laboratory (Charleston, South Carolina), $3,150,000; ARS
Research Laboratory (Pullman, Washington), $3,960,000;
Appalachian Fruit Laboratory (Kearneysville, West Virginia),
$1,800,000; Nutrient Management Laboratory (Marshfield,
Wisconsin), $3,690,000; and Upgrade Security at ARS
Laboratories (Various Locations), $10,530,000.
The conferees note that there is widespread interest in
additional construction and renovation of ARS facilities
throughout the country. This is not surprising when considering
the fact that many of the existing facilities are decades old.
However, the conferees are concerned that there does not seem
to be a master plan for addressing these needs. Rather,
construction projects in several parts of the country have been
described by various ARS officials as the agency's top
priority.
The conferees believe that there should be a logical
progression for determining what projects should be funded.
Therefore, beginning with the fiscal year 2005 appropriations
process, the Committees will not consider funding requests for
projects for which a prospectus has not been completed and
submitted to the Committees by March 1 of each year. Each
prospectus shall, at a minimum, include the following
information: the feasibility, requirements, and scope of the
proposed project; details on building size, cost, associated
facilities, scientific capacity, and other requirements; and
details on existing and planned program and resource
requirements. Further, the conferees are requesting the
assistance of ARS in determining the merits and priority for
these projects.
In order to begin this orderly review process, the
conferees direct ARS to provide a prospectus for each of the
following projects: Aberdeen/Billingsley Creek, Idaho; Animal
Waste Management Research in Bowling Green, Kentucky; Forage-
Animal Research Laboratory in Lexington, Kentucky; Laboratory
and Office Facilities in Starkville, Mississippi; Animal
Biosciences Facility at Montana State University; Red River
Valley Agricultural Research Center in Fargo, North Dakota;
Laboratory, Greenhouse, and Office Space at the University of
Toledo; Dairy Forage Lab at Prairie du Sac and Madison,
Wisconsin.
The conference agreement provides sufficient funding to
complete all planning and design provided by the House and
Senate, and construction phases as described in the Senate
report.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION ACTIVITIES
The conference agreement provides $621,447,000 for
research and education activities instead of $597,372,000 as
proposed by the House and $617,575,000 as proposed by the
Senate.
The following table reflects the conference agreement:
The conference agreement provides $380,000 for Seafood
Safety, of which fifty percent shall be provided through a
cooperative agreement with the Center for Marine
Phytoremediation Technologies at Northeastern University.
The conferees provide funding for alternative salmon
products, of which 25 percent shall be for a cooperative
agreement for salmon baby food development.
The conferees provide funding for the alliance for food
protection, of which 90 percent shall be for a cooperative
agreement with the University of Georgia for integrated fruit
and vegetable research.
Within the amount provided for Agricultural Diversity,
the conferees direct that $100,000 be used to fund activities
of the Red River Valley Research Corridor Office.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The conference agreement provides $9,000,000 for the
Native American Institutions Endowment Fund as proposed by both
the House and Senate.
EXTENSION ACTIVITIES
The conference agreement provides $441,731,000 for
extension activities instead of $439,742,000 as proposed by the
House and $450,084,000 as proposed by the Senate.
The following table reflects the conference agreement:
Within funds provided for the farm safety program, the
conference agreement includes $4,140,000 for the AgrAbility
project.
INTEGRATED ACTIVITIES
The conference agreement provides $50,493,000 for
integrated activities instead of $62,942,000 as proposed by the
House and $46,711,000 as proposed by the Senate.
The following table reflects the conference agreement:
OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS
The conference agreement provides $5,970,000 for Outreach
for Socially Disadvantaged Farmers, instead of $8,470,000
as proposed by the House and $3,470,000 as proposed by the
Senate.
Office of the Under Secretary for Marketing and Regulatory Programs
The conference agreement provides $725,000 for the Office of
the Under Secretary for Marketing and Regulatory Programs
as proposed by the House instead of $736,000 as proposed
by the Senate.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
The conference agreement provides $720,580,000 for the
Animal and Plant Health Inspection Service (APHIS) instead
of $725,502,000 as proposed by the House and $705,552,000
as proposed by the Senate.
The following table reflects the conference agreement:
Animal and Plant Health Inspection Service
[In Thousands of Dollars]
Pest and Disease Exclusion:
Agricultural quarantine inspection.................. $25,601
Cattle ticks........................................ 6,534
Foreign animal diseases/FMD......................... 8,737
Fruit fly exclusion and detection................... 57,059
Import-export inspection............................ 11,140
Screwworm........................................... 30,480
Trade issues resolution management.................. 12,546
Tropical bont tick.................................. 423
--------------------------------------------------------
____________________________________________________
Total, Pest and Disease Exclusion................. 152,520
========================================================
____________________________________________________
Plant and Animal Health Monitoring:
Animal health monitoring and surveillance........... 95,913
Animal and plant health regulatory enforcement...... 9,211
Emergency management systems........................ 9,625
Pest detection...................................... 24,527
--------------------------------------------------------
____________________________________________________
Total, Plant and Animal Health Monitoring......... 139,276
========================================================
____________________________________________________
Pest and Disease Management:
Aquaculture......................................... 1,250
Biological control.................................. 9,270
Boll weevil......................................... 51,000
Brucellosis......................................... 10,303
Chronic wasting disease............................. 18,632
Emerging plant pests................................ 93,650
Golden nematode..................................... 792
Grasshopper and Mormon cricket...................... 5,491
Gypsy moth.......................................... 4,725
Imported fire ant................................... 2,429
Johne's disease..................................... 18,800
Low pathogen avian influenza........................ 1,000
Noxious weeds....................................... 1,999
Pink bollworm....................................... 2,031
Plum pox............................................ 3,471
Pseudorabies........................................ 4,316
Scrapie............................................. 15,700
Tuberculosis........................................ 14,925
Wildlife services operations........................ 71,736
Witchweed........................................... 1,526
--------------------------------------------------------
____________________________________________________
Total, Pest and Disease Management................ 333,046
========================================================
____________________________________________________
Animal Care:
Animal welfare...................................... 16,400
Horse protection.................................... 490
--------------------------------------------------------
____________________________________________________
Total, Animal Care................................ 16,890
========================================================
____________________________________________________
Scientific and Technical Services:
Biosecurity......................................... 2,000
Information technology infrastructure............... 4,214
Biotechnology regulatory services................... 5,434
Environmental compliance............................ 2,598
Plant methods development labs...................... 8,208
Veterinary biologics................................ 15,235
Veterinary diagnostics.............................. 19,947
Wildlife services methods development............... 17,100
--------------------------------------------------------
____________________________________________________
Total, Scientific and Technical Services.......... 74,736
========================================================
____________________________________________________
Contingency fund........................................ 4,112
--------------------------------------------------------
____________________________________________________
Total, Salaries and Expenses...................... 720,580
The conference agreement provides an increase of $800,000
for the Foreign Animal Diseases/FMD program of which $750,000
is for classical swine fever eradication efforts.
The conference agreement provides an increase of
$1,795,000 for Import/Export activities of which $1,500,000 is
for the animal tracking system, and to identify the pathway of
exotic animal diseases.
The conference agreement provides an increase of
$1,000,000 for crosscutting trade negotiations and
biotechnology resources in the Trade Issues Resolution
Management program.
The conference agreement provides $1,000,000 to continue
a cooperative agreement with the Wisconsin Livestock
Identification Consortium.
The conference agreement provides $300,000 to assist in
creating a database of North Carolina's agricultural industry
to enable a rapid response to acts of terrorism.
The conference agreement provides an increase of $200,000
for the New Mexico Rapid Syndrome Validation Program.
The conference agreement provides an increase of $75,000
to continue the cooperative agreement with Murray State
University.
The conference agreement provides $750,000 toward an
alkaline digester in the State of Kansas to destroy and dispose
of transmissible spongiform encephalopathy infection and other
diseases.
The conference agreement provides $200,000 to address
bio-safety issues relating to antibiotic resistant strains of
bacterial pathogens in the State of Vermont.
The conference agreement provides $200,000 for Iowa State
University devoted to risk assessment, mitigation, and
communication for genetically modified agricultural products.
The conference agreement provides an increase of $640,000
for the Emergency Management Systems program of which $280,000
is to increase the number of doses in the North American Foot
and Mouth Disease Vaccine Bank, and $270,000 is to increase
cooperative agreements with states.
The conference agreement provides an increase of
$2,266,000 for Pest Detection programs of which $200,000 is to
evaluate the utility of remote sensing (hyper spectral imaging
and Light Detection Ranging) for the identification of ash
trees, the early identification of emerald ash borer
infestation, and the tracking and mapping of the diseased
trees; $750,000 is for a cooperative agreement with the
California County Pest Detection Augmentation Program; and
$1,000,000 is to increase the domestic infrastructure for
enhanced detection.
The conference agreement provides $18,632,000 for chronic
wasting disease instead of $16,815,000 as proposed by the House
and $20,000,000 as proposed by the Senate. The conference
agreement provides that $1,750,000 is for the State of
Wisconsin; $250,000 is for the State of Utah; and $250,000 is
for the Conservation Medicine Center of Chicago.
The conferees expect the Secretary to continue to use the
authority provided in this Act to transfer funds for the arrest
and eradication of animal and plant pests and diseases that
threaten American agriculture. The conference agreement adopts
Senate bill language that prohibits funds from being spent to
issue a final rule in Docket No. 02-06201 ``Cost-Sharing for
Animal and Plant Health Emergency Programs,'' and expects
APHIS, in submitting apportionment requests for emergencies
that threaten American agriculture, to disregard any
arbitrarily imposed cost-share requirements for these funds.
The conference agreement provides an increase of
$18,250,000 for Emerging Plant Pests of which $8,000,000 is for
citrus canker eradication and control; $4,000,000 is for Asian
long-horned beetle activities, of which $1,500,000 is for
activities in the Chicago, Illinois area; $4,750,000 is for
glassy-winged sharpshooter eradication and control; and
$1,500,000 is for the Emerald Ash Borer Task Force for the
removal of trees that have been affected by the emerald ash
borer, with a priority for the removal of trees on public
property or that threaten public safety.
The conferees are concerned that the continued presence
of the emerald ash borer threatens the ash tree population in
Michigan and other states, and direct the Secretary to provide
to the Committees on Appropriations by March 1, 2004, a plan
for addressing this problem.
The conferees are aware that the Asian long-horned
beetle is extremely destructive and may spread to states where
they do not yet exist. The conferees are also aware that this
pest was recently found in Ontario, Canada, and are concerned
this presents an additional threat to the introduction of the
Asian long-horned beetle into Michigan and other states by way
of commercial vehicles or other means. The conferees direct
APHIS to do a comprehensive review of their procedures and
regulations, and report to the Committees on Appropriations by
January 1, 2004, on whether they are adequate to prevent the
introduction of this or similar pests into the United States.
The conference agreement provides $5,491,000 for
grasshopper and Mormon cricket suppression, of which no less
than $1,000,000 shall be for suppression activities in Utah,
and $150,000 for suppression activities in Nevada.
The conference agreement provides an increase of $100,000
for the Nez-Perce Biocontrol Center.
The conferees do not concur with the President's request
to reduce funding in the wildlife services operations account
to allow cooperators to assume a larger share of the costs
associated with preventing wildlife damage, and protecting
human health and safety.
The conference agreement provides an increase of
$1,100,000 for a cooperative oral rabies vaccination program,
and encourages the Secretary to use funds from the CCC, as
necessary, for additional control activities in fiscal year
2004.
The conference agreement provides increases of $400,000
for hazing programs to manage the growth of cormorants in
central New York watersheds; $75,000 to assist with the Nevada
Division of Wildlife; $100,000 for beaver control in Kentucky;
$200,000 for non-lethal geese control in New York; $175,000 for
blackbird control in Kansas; and $125,000 for cormorant control
in Michigan.
The conferees are aware of the Monkeypox outbreak in
Wisconsin and other midwestern states. APHIS is working with
the Centers for Disease Control to develop a comprehensive
Federal response to the outbreak. The conferees urge APHIS to
take all necessary steps to deal with the problem and direct it
to provide the Committees with regular reports on the status of
the situation.
The conference agreement provides $2,000,000 for the
biosecurity program. The conferees have included language under
the Office of the Secretary to ensure that veterinary
diagnostic work at Plum Island, New York remains focused on
agriculture. The conferees note that should APHIS encounter a
shortfall in that veterinary diagnostic work, the funds in this
line item may be used for that work, subject to reprogramming
requirements in this Act.
The conference agreement provides an increase of
$2,738,000 for Veterinary Diagnostics of which $1,000,000 is to
enhance the laboratory network; $500,000 is to conduct anthrax
diagnostics and related activities, and $750,000 is to update
equipment needed to test certain animal samples in Colorado.
The conference agreement provides an increase of
$2,225,000 for Wildlife Services Methods Development of which
$1,300,000 is for the Predator Research Station in Utah;
$100,000 is to enhance existing research efforts at the
National Wildlife Research Center field station in Starkville,
Mississippi; $200,000 is to expand the program at the Jack
Berryman Institute for addressing wildlife damage management
issues, and $400,000 is for the National Wildlife Research
Station located in Texas.
The conferees are aware of the presence of chronic
wasting disease in elk and deer in the state of New Mexico. The
conferees encourage the Secretary to review the current
situation and work with the state to establish, equip, and
operate a state-run laboratory to conduct a rapid screening
test for chronic wasting disease.
The conferees are aware of an outbreak of avian influenza
in the state of Rhode Island. The conferees urge the Secretary
to provide financial assistance to Rhode Island egg producers
who have depopulated their flocks, as a result of this
outbreak.
The conferees encourage the agency to support ongoing
activities with the Wisconsin Department of Natural Resources
animal nuisance program.
BUILDINGS AND FACILITIES
The conference agreement provides $4,996,000 for Animal
and Plant Health Inspection Service Buildings and Facilities as
proposed by both the House and Senate.
Agricultural Marketing Service
MARKETING SERVICES
The conference agreement provides $75,430,000 for the
Agricultural Marketing Service instead of $75,953,000 as
proposed by the House and $75,263,000 as proposed by the
Senate.
The conference agreement includes language regarding
plant variety protection, as proposed by the Senate.
The conferees note that some of the additional funds may
be used to improve scientific technical support of the National
Organic Standards Board.
The conference agreement includes $14,700,000 for the
Pesticide Data Program and $6,209,000 for the Microbiological
Data Program.
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement provides $62,577,000 for
Limitation on Administration Expenses as proposed by both the
House and Senate.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
The conference agreement provides $15,392,000 for Funds
for Strengthening Markets, Income, and Supply as proposed by
both the House and Senate.
PAYMENTS TO STATES AND POSSESSIONS
The conference agreement appropriates $3,338,000 for
Payments to States and Possessions as proposed by the Senate
instead of $1,347,000 as proposed by the House.
The conferees direct that $2,000,000 be provided to the
Wisconsin Department of Agriculture, Trade, and Consumer
Protection for the creation of specialty markets. The conferees
recognize the need to expand marketing opportunities for value-
added products, and expect a report from the Wisconsin
Department of Agriculture, Trade, and Consumer Protection,
through the Agricultural Marketing Service, regarding short and
long-term objectives and plans to meet this need by March 1,
2004.
Grain Inspection, Packers and Stockyards Administration
SALARIES AND EXPENSES
The conference agreement provides $35,890,000 for the
Grain Inspection, Packers and Stockyards Administration instead
of $39,690,000 as proposed by the House and $35,638,000 as
proposed by the Senate.
The conferees understand that the Secretary has
undertaken a product verification protocols pilot, in
conjunction with the Missouri, Illinois, and Iowa corn growers
associations, to establish controls for regulated seed
varieties and to augment grain marketing. The conference report
provides $500,000 to continue this pilot program with the
growers associations for development of production protocols.
The conferees are concerned about the management of the
user fee program for grain export inspection and weighing
services. The fee structure should fully fund the expenses of
the program, as directed in the authorizing legislation. The
funds appropriated by Congress for GIPSA's Salaries and
Expenses account are meant to fund necessary personnel and
operating expenses, and should not be used to fund deficiencies
in the user fee account. In July 2003, the Secretary
transferred $2,000,000 from the Salaries and Expenses account
to the user fee account to avoid over-obligation in the user
fee account. The unsustainable nature of the current fee
structure is an ongoing problem. In a fiscal year 1998
supplemental, the fee account received an appropriation of
$1,500,000 to avoid a violation of the Anti-Deficiency Act. The
conferees are strongly opposed to the transfer of appropriated
funds into user fee accounts, particularly in cases such as
this in which the user fee funding shortfall is ongoing,
predictable, and fixable. The conferees direct the
Administration to immediately take all necessary steps to adopt
and implement a fee structure that fully funds the services
provided.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The conference agreement provides $42,463,000 as proposed
by both the House and Senate.
Office of the Under Secretary for Food Safety
The conference agreement provides $599,000 for the Office
of the Under Secretary for Food Safety as proposed by the House
instead of $611,000 as proposed by the Senate.
Food Safety and Inspection Service
The conference agreement provides $784,511,000 for the
Food Safety and Inspection Service, instead of $785,261,000 as
proposed by the House and $783,761,000 as proposed by the
Senate.
The conference agreement includes bill language relating
to enforcement of the Humane Methods of Slaughter Act, as
proposed by the Senate.
The conferees provide increases of $4,250,000 for
increased inspection staffing to accommodate industry growth;
$5,650,000 to improve the scientific and surveillance skills of
the workforce; $1,650,000 to establish a continuous baseline
program for risk assessments and performance measurement;
$4,460,000 to increase sampling for pathogens and to develop
the laboratory capability to respond to chemical terrorism;
$1,777,000 to increase the number of Equivalency Review trips
and auditors to conduct the reviews; and $750,000 to design a
mass media campaign aimed at improving the safe food handling
habits of consumers at home.
The conference agreement provides the agency with
$1,650,000 solely to outsource microbiological testing, as
requested in the President's budget, with the goal of
establishing a continuous baseline program for risk assessment
and performance measurement. The conferees expect the
Department to outsource baseline testing to private American
Association for Laboratory Accreditation. International
Standards Organization approved laboratories. The conferees
direct the Department to report on the progress of this
initiative within 60 days of enactment of this Act.
The conferees are concerned about the safety of imported
meat. The amount of imported meat re-inspected by FSIS at our
borders has dropped sharply in 2003. The conferees are also
concerned that countries whose food safety systems have been
deemed ``equivalent'' to ours (and whose producers are
therefore allowed to export to the U.S.) may have serious
weaknesses in their domestic food safety systems, but not be
taken off the equivalency list.
The conferees request FSIS to report to the Committees by
March 1, 2004, on the equivalence and reinspection processes.
The report should address: how the agency determines that a
country's meat inspection system is equivalent; whether this
determination is subject to regular review and if so, how; what
process FSIS uses for determining that a country is no longer
equivalent; what public review of FSIS's equivalency
determinations exists; why the amount of meat reinspected at
the border has declined sharply; and how the agency's new
automated import information system has impacted inspection
operations at the border.
Food Safety and Inspection Service, funding by activity
[In thousands of dollars]
Conference Recommendation
Food safety inspection:
Federal............................................. $701,823
State............................................... 49,858
International....................................... 18,398
Codex................................................... 2,637
Field Automation and Information Management............. 11,795
--------------------------------------------------------
____________________________________________________
Total............................................. 784,511
Office of the Under Secretary for Farm and Foreign Agricultural
Services
The conference agreement provides $635,000 for the Office
of the Under Secretary for Farm and Foreign Agricultural
Services as proposed by the Senate instead of $636,000 as
proposed by the House.
Farm Service Agency
SALARIES AND EXPENSES
The conference agreement provides $988,768,000 for the
Farm Service Agency as proposed by the Senate instead of
$1,016,836,000 as proposed by the House.
STATE MEDIATION GRANTS
The conference agreement provides $3,974,000 for State
Mediation Grants, as proposed by both the House and Senate.
DAIRY INDEMNITY PROGRAM
The conference agreement provides $100,000 for the Dairy
Indemnity Program, as proposed by both the House and Senate.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
The following table reflects the conference agreement:
Farm Ownership Loans:
Direct.............................................. ($129,158,000)
Subsidy............................................. 28,518,000
Guaranteed.......................................... (950,000,000)
Subsidy............................................. 5,130,000
Farm Operating Loans:
Direct.............................................. (617,503,000)
Subsidy............................................. 89,044,000
Unsubsidized Guaranteed............................. (1,200,000,000)
Subsidy............................................. 39,960,000
Subsidized guaranteed............................... (266,249,000)
Subsidy............................................. 34,000,000
Indian tribe land acquisition....................... (2,000,000)
Subsidy............................................. 0
Boll weevil eradication............................. (100,000,000)
Subsidy............................................. 0
ACIF expenses:
Salaries and expenses (transfer to FSA)............. 283,020,000
Administrative expenses............................. 7,948,000
Risk Management Agency
The conference agreement provides $71,422,000 for the
Risk Management Agency as proposed by the Senate instead of
$71,509,000 as proposed by the House.
The conferees are aware that certain additional states
have been approved for participation in the Livestock Risk
Protection Pilots for swine and other livestock categories, but
that this expansion was limited to ten states. The conferees
urge the Department to expand the program during fiscal year
2004 to the maximum extent possible, including the states of
Missouri, North Dakota, Ohio, South Dakota, West Virginia, and
Wisconsin.
Federal Crop Insurance Corporation Fund
The conference agreement provides an appropriation of
such sums as may be necessary for the Federal Crop Insurance
Corporation Fund (estimated to be $3,368,000,000 in the
President's fiscal year 2004 Budget Request), as proposed by
both the House and Senate.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
The conference agreement provides an appropriation of
such sums as may be necessary for Reimbursement for Net
Realized Losses of the Commodity Credit Corporation (estimated
to be $17,275,000,000 in the President's fiscal year 2004
Budget Request), as proposed by both the House and Senate.
Hazardous Waste Management
The conference agreement provides a limitation of
$5,000,000 for Hazardous Waste Management, as proposed by both
the House and Senate.
TITLE II--CONSERVATION PROGRAMS
Office of the Under Secretary for Natural Resources and Environment
The conference agreement provides $745,000 for the Office
of the Under Secretary for Natural Resources and Environment as
proposed by the House instead of $761,000 as proposed by the
Senate.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The conference agreement provides $853,004,000 for
Conservation Operations instead of $850,004,000 as proposed by
the House and $826,635,000 as proposed by the Senate.
The conference agreement includes Senate bill language
that prohibits the discretionary funds in this account from
being used to provide technical assistance for mandatory farm
bill programs.
The conferees direct the Chief of the NRCS, in making the
fiscal year 2004 Conservation Operations funding allocations to
the states, to treat items under the heading `Conservation
Operations' in the Statement of Managers accompanying this
conference report, as increases to the states' funding
allocation. The conferees direct the NRCS to provide a report
to the Committees on Appropriations, not later than 45 days
after the enactment of this Act, that includes the following:
fiscal year 2003 Conservation Operations allocation by state;
fiscal year 2004 Conservation Operations allocation by state;
fiscal year 2004 Congressional earmarks by state; and the total
fiscal year 2004 Conservation Operations allocation by state.
The conference agreement provides $23,500,000 for the
Grazing Lands Conservation Initiative. The conferees also
provide an additional amount of $950,000 for Grazing Lands
Conservation Initiative activities in the State of Wisconsin.
The conferees urge NRCS to make EQIP funding available
for public land contracts to the maximum extent permitted under
the law. In particular, the conferees are concerned that EQIP
funding be made available for public land ranchers in states
such as AZ, NM, ID, UT, OR, CA, CO, and WY to help meet
regulatory demands and to relieve utilization pressure on
private lands in those states.
The statement of managers remains silent on provisions
that were in both the House directives as contained in H. Rept.
108-193, pp. 59-62 and the Senate directives as contained in
Senate Rept. 108-107, pp. 95-101, that remain unchanged by this
conference agreement, except as noted herein: Environmental,
educational, and demonstration of conservation practices (AL)--
$200,000; obtain and evaluate materials for cold region seeds
of plants in conjunction w/Alaska Division of Agriculture--
$315,000; Native Plant Materials (AK) (evaluating and
developing)--$315,000; two staff positions in Palmer (AK)--
$200,000; GIS-based mapping/hyperspectral imaging of
agricultural lands--$400,000; Natural resource inventory
development (AK)--$1,200,000; Cooperative agreement with soil
and water conservation district (AK)--$1,500,000; planning and
design of new storage facility at Plant Materials Center (AK)--
$300,000; Southwest Strategy (AZ/NM)--$135,000; National Water
Management Center (AR)--$2,475,000; Little Red River Irrigation
Project--$398,000; Walnut Bayou (AR) Irrigation Project--
$300,000; Study to determine logistics of transportation/
coordination of excess nutrients (AR)--$200,000; Alameda County
(CA) watershed surveys--$125,000; East Valley Conservation
District/Santa Ana Watershed Authority (CA) Plant Removal--
$1,000,000; Monterey Bay (CA) Sanctuary--$600,000; Cooperative
agreement with Tufts University (CT) to improve conservation
practices--$480,000; Expand cooperative efforts w/ Delaware
State for plant materials--$290,000; Pilot projects for
technology systems resulting in nutrient reduction (FL)--
$5,000,000; Manatee (FL) Agriculture Reuse System--$2,000,000;
Lake Okeechobee (FL) Watershed project planning--$270,000;
Suwannee, Dixie, and Lafeyette Counties (FL) dairy and poultry
waste treatment--$280,000; Cooperative agreement with Green
Institute (FL)--$280,000; projects for nutrient reducing waste
treatment systems (FL)--$720,000; Georgia Soil and Water
Conservation Commission Cooperative Agreement--$3,600,000;
Community nutrient management facilities (GA)--$350,000; PMC
for Native Plants to clean up the Island of Kahoolawe (HI)--
$108,000; Molokai (HI) Agriculture Community Committee--
$250,000; Agricultural development/resource conservation--
Molokai (HI)--$630,000; Idaho One Plan--$200,000; Conversion to
sprinkler irrigation (ID)--$900,000; Basalt and ground water
protection project--$250,000; Ecological site description
project with Idaho Association of Conservation Districts--
$400,000; Lower Payette (ID) ditch irrigation diversion
project--$624,000; Trees Forever Program (IL)--$100,000;
Iroquois River (IL) watershed--$436,000; Illinois River
agricultural conservation project cooperative agreement with
Ducks Unlimited--$238,000; Wildlife habitat education program
cooperative agreement with National Wild Turkey Federation--
$238,000; Hungry Canyon/Loess Hills Erosion Control/Western
Iowa--$1,200,000; Trees Forever Program (IA)--$100,000; CEMSA
w/Iowa Soybean Association--$363,000; Tipton Creek watershed
(IA)--$120,000; Cooperative agreement with Northern Iowa
University--$400,000; Innovative environmental technology
program (IN)--$500,000; Soil erosion control cost-share
program/soil survey program (KY)--$2,800,000; Cooperative
agreement with Western Kentucky University--$400,000; Technical
assistance to provide grants to Soil Conservation Districts
(KY)--$880,000; Technical assistance for water project in
Hardin County (KY)--$200,000; Dairy waste remediation-Lake
Ponchartrain (LA) Basin--$290,000; False River (LA)
sedimentation project--$150,000; Choupique Drainage canal
improvements (LA)--$200,000; Porte de Luce watershed (LA)--
$820,000; Cooperative agreement with Louisiana State University
on effectiveness of agriculture and forestry--$273,000;
Chesapeake Bay activities--$6,000,000; Conservation related to
cranberry production (MA/WI)--$570,000; Weed It Now-Taconic
Mountains (MA/NY/CT)--$200,000; Great Lakes pilot program for
conservation--$500,000; Franklin County (MS) Lake technical
assistance--$1,500,000; Mississippi Delta Water Resources
Study--$700,000; Delta Conservation Demonstration Center,
Washington County (MS)--$1,400,000; Soil erosion/Alcorn State
(MS)--$175,000; Cattle and nutrient management in stream
crossings (MS)--$900,000; Choctaw County (MS) feasibility study
for surface impoundment--$210,000; Wildlife Management
Institute (MS)--$5,813,000; Humphrey's County (MS) Hospital
flood protection--$360,000; Drainageimprovements, Hinds County
(MS)--$250,000; Drainage improvements, Port Gibson (MS)--$294,000;
Rankin County (MS) Richland Creek watershed--$294,000; Rankin County
(MS) erosion control project--$200,000; Establish Upper White River
Water Quality Project Office in southern Missouri--$380,000; Lake Tahoe
Basin Soil Conservation Project (NV/CA)--$500,000; Lake Tahoe Basin
area soil survey (NV/CA)--$180,000; Improved nutrient management/
protection of water resources (NV)--$540,000; establish plant materials
center in the vicinity of Fallon (NV)--$450,000; State conservation
cost share program (NJ)--$900,000; Ciudad Soil and Water Conservation
District (NM)--$50,000; Riparian restoration activities along Rio
Grande and Pecos River (NM)--$480,000; Pastureland Management/
Rotational Grazing (NY)--$500,000; Best management practices/
Skaneateles and Owasco Watersheds (NY)--$250,000; Address non-point
pollution in Onondaga Lake Watershed (NY)--$250,000; Beaver Swamp Brook
project (NY) implementation/environmental restoration--$300,000; Phase
II/Watershed Agriculture Council in Walton (NY)--$700,000; Pace
University Land Use Law Center--$200,000; Sodus Bay (NY) watershed/
Wayne County technical assistance--$250,000; New York State Agriculture
and Environment Program--$750,000; Long Island Sound watershed
initiative--$200,000; Erosion control/stabilization for Hudson River
(NY) shoreline--$250,000; evaluation of manure management systems
(NY)--$130,000; Technical assistance to livestock/poultry industry (NC)
$400,000; West Cary (NC) Watershed and Farmland Protection Project--
$300,000; Red River Flood Prevention/Energy and Environmental Research
Center (ND)--$1,490,000; North Central Planning Council water
utilization/Devil's Lake--$559,000; Maumee Watershed Hydrological Study
and Flood Mitigation Plan (OH)--$1,000,000; Oregon Garden, Silverton
(OR)--$325,000; Native grassland demo project in the vicinity of Tar
Creek (OK)--$2,200,000; Pawtucket watershed (RI)--$450,000; GIS-based
model to integrate commodity and conservation--$800,000; Study to
characterize land use change while preserving natural resources in
cooperation with Clemson University (SC)--$900,000; Bexar, Medina,
Uvalde Counties irrigation in Edwards Aquifer (TX)--$500,000; Field
office telecommunications pilot program/advanced soil survey methods
(TX)--$2,110,000; Leon River restoration project (TX)--$196,000; Range
vegetation pilot project, Ft. Hood (TX)--$500,000; Texas Water
Resources Institute cooperative agreement for Tarrant County (TX)--
$500,000; AFO/CAFO Pilot Project (UT)--$300,000; Dry Creek/Neff's Grove
project (UT)--$1,100,000; Study to examine effects of vegetative
manipulation on water yields with Utah State University--$500,000;
Washington Fields (UT)--$750,000; Wellsville (UT) drainage
improvement--$250,000; Reduce phosphorus loading into Lake Champlain
(VT)--$290,000; Pilot farm viability program project (VT)--$167,000;
Walla Walla (WA) watershed alliance--$500,000; Comprehensive irrigation
district management plans cooperative agreement--$250,000; Design/
implement natural stream restoration initiatives (WV)--$770,000; Soil
survey geographic database in the Mid-Atlantic Highlands (WV)--
$180,000; Poultry Litter Composting (WV)--$160,000; Potomac and Ohio
River Basin Soil Nutrient Project (WV)--$300,000; Appalachian Small
Farmer Outreach Program (WV)--$860,000; GIS Center of Excellence at
West Virginia University--$4,337,000; Grazing Lands Initiative/
Wisconsin Department of Agriculture--$950,000; Global Environment Mgmt.
Education Center at Stevens Point (WI)--$2,000,000; Examine benefits of
using vegetative buffers w/ Univ. of Wisconsin-Madison--$600,000;
Conservation land internship program (WI)--$108,000; Soil survey
mapping and digitization project (WI)--$415,000; Wisconsin Tribal
Conservation Advisory Committee cooperative agreement--$275,000;
Cooperative agreement with Sand County Foundation (WI)--$900,000;
Cooperative agreement with the University of Wisconsin for the
Conservation Technology Transfer Project--$300,000; Soil survey mapping
project (WY)--$300,000; Audubon at Home Pilot Program--$500,000;
Grazing Lands Conservation Initiative--$23,500,000; Great Lakes Basin
Program for Soil & Erosion Sediment--$2,500,000; Watershed management
demo program/NPPC--$600,000; National Fish and Wildlife Foundation
Partnerships--$3,000,000; Source water protection project to States
that show the greatest need--$2,750,000; Operation Oak to restore
hardwoods in the south/cooperative agreement with National Wild Turkey
Federation--$300,000; SNOTEL--$9,250,000; Plant Materials Centers--
$11,500,000; On-Farm Management Systems Evaluation Network--$200,000;
and pay cost--$15,678,000.
The conferees concur with the language and reporting
requirement contained in the Senate report regarding the
Natural Resource Inventory (NRI). The conferees expect the
pilot activity to provide resource data meaningful to Alaska
and integrated with or supplemental to the national NRI.
The conferees urge the Department to give consideration
to the use of WHIP funding for projects that will utilize the
benefits of Eelgrass habitats to marine ecosystems in places
such as Narragansett Bay in the State of Rhode Island, and
similar areas.
WATERSHED SURVEYS AND PLANNING
The conference agreement provides $10,562,000 for
Watershed Surveys and Planning instead of $11,124,000 as
proposed by the House and $10,000,000 as proposed by the
Senate.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The conference agreement provides $87,000,000 for
Watershed and Flood Prevention Operations instead of
$90,000,000 as proposed by the House and $55,000,000 as
proposed by the Senate.
The conferees expect the Department to give consideration
for financial and technical assistance to the following: Indian
Creek watershed (PA); Town Creek (MS); Oaklimiter Watershed
(MS); Tanana River (AK); installation of land treatment
conservation measures, including plan supplements, in the
Brandywine Creek and the Red-White Clay Creek Watersheds (PA);
and McCarthy Creek Watershed (AK).
WATERSHED REHABILITATION PROGRAM
The conference agreement provides $29,805,000 for the
Watershed Rehabilitation Program as proposed by the Senate
instead of $40,000,000 as proposed by the House.
The conferees direct that funding be provided for
rehabilitation of structures determined to be of high priority
need in order to protect property and ensure public safety.
RESOURCE CONSERVATION AND DEVELOPMENT
The conference agreement provides $51,947,000 for
Resource Conservation and Development instead of $52,894,000 as
proposed by the House and $51,000,000 as proposed by the
Senate.
TITLE III--RURAL DEVELOPMENT PROGRAMS
Office of the Under Secretary for Rural Development
The conference agreement provides $636,000 for the Office
of the Under Secretary for Rural Development as proposed by the
House instead of $651,000 as proposed by the Senate.
The conferees direct the Under Secretary to give
consideration to the following projects or organizations
requesting financial and/or technical assistance, and grants
and/or loans made available under the Rural Development mission
area: Community facility, Belmont County (OH); expansion of
wastewater treatment plant facilities, Village of Ruidoso and
Ruidoso Downs (NM); Jamerson rural (NV) small business project;
Forest Enterprises Technology Center (WI); Menominee Mini-Mall
Development project (WI); Mole Lake Water and Sewer project
(WI); Strawberry/Movie Ranch project (UT); Meadow View Heights
project (UT); Johnson Canyon (UT); Garden State Ethanol (NJ);
Energy Photovoltaics, Inc., (NJ); Cleburne County (AR)
community facility/water and waste project; Menominee Tribal
Enterprises (WI); Cold Canyon Park (CA) forestry center;
Wastewater pumping and treatment system improvements in St.
John (VI); Wastewater pumping and treatment system improvements
in St. Thomas (VI); Rehabilitation of six major wastewater pump
stations in St. Thomas and St. Croix (VI); Rehabilitation and
replacement of sanitary sewer infrastructure components in St.
Croix (VI); technical assistance to the Government of the U.S.
Virgin Islands in formulating a prioritized wastewater system
maintenance-management system; Brunswick Community College turf
grass and horticulture technology program (NC); and, sewer and
water system improvements on the Red Cliff (WI) reservation.
The conferees expect the Secretary to approve these
projects only when subject to established review procedures.
The conferees encourage the Department to continue
support for the National Rural Development Partnership (NRDP)
and its associated State Rural Development Councils (SRDCs).
Additionally, the Department is encouraged to intensify its
efforts to secure financial and other support for the NRDP and
SRDCs from other Federal agencies with rural responsibilities.
RURAL COMMUNITY ADVANCEMENT PROGRAM
The conference agreement provides $757,425,000 for the
Rural Community Advancement Program (RCAP) instead of
$701,006,000 as proposed by the House and $767,479,000 as
proposed by the Senate.
The conference agreement provides $75,919,000 for
community facilities; $605,006,000 for water and waste, of
which $1,000,000 is for grants to nonprofit organizations to
finance construction, refurbishing, and servicing of
individually-owned household water well systems in rural areas,
and of which $500,000 is for revolving funds for financing
water and wastewater projects; and $76,500,000 is for rural
business and cooperative development programs.
The conference agreement provides $24,000,000 for loans
and grants to benefit Federally Recognized Native American
Tribes.
The conference agreement provides $17,733,000 for
technical assistance grants for rural water and waste systems.
The conference agreement provides $1,750,000 for grants
to the Delta Regional Authority.
The conference agreement provides not less than
$2,000,000 for grants to statewide private nonprofit public
television systems.
The conference agreement provides $28,000,000 for rural
and native villages in Alaska.
The conference agreement provides that of the funds for
the circuit rider program, two additional full circuit rider
contracts are for Alaska.
The conference agreement provides $22,000,000 for
facilities in rural communities with extreme unemployment and
severe economic depression.
The conference agreement provides $28,000,000 to be
transferred to the Rural Utilities Service, High Energy Cost
Grants Account.
The following table indicates the distribution of funding
for the RCAP:
Community Facilities.................................... $75,919,000
Business-Cooperative Development........................ 76,500,000
Water and Waste......................................... 605,006,000
--------------------------------------------------------
____________________________________________________
Total............................................. 757,425,000
Earmarks:
Federally Recognized Native American Tribes......... 24,000,000
Rural Community Development Initiative.............. 6,000,000
Technical Assistance for Rural Transportation....... 250,000
Delta Regional Authority............................ 1,750,000
Colonias............................................ 25,000,000
Alaska Villages..................................... 28,000,000
Technical Assistance................................ 17,733,000
Circuit Rider....................................... 13,000,000
EZ/EC and REAP...................................... 22,132,000
Economic Impact Initiative Grants................... 22,000,000
High Energy Cost Grants............................. 28,000,000
RCAP................................................ 5,513,000
Nonprofit individually-owned water well grants...... 1,000,000
Water and Wastewater Revolving Funds................ 500,000
Native American Circuit Rider....................... 750,000
RURAL DEVELOPMENT SALARIES AND EXPENSES
The conference agreement provides $141,869,000 for Rural
Development Salaries and Expenses instead of $146,495,000 as
proposed by the House and $140,922,000 as proposed by the
Senate.
The conferees note that the funds provided in this Act
may be used to ensure the timely relocation of the employees of
the Rural Development and Farm Service Agency offices from the
Abrams Federal Building on Market Street, in St. Louis,
Missouri, to the new facility on Goodfellow Boulevard by
December 31, 2004.
Rural Housing Service
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
The conference agreement provides a total subsidy of
$232,347,000 for activities under the Rural Housing Insurance
Fund Program Account instead of $232,426,000 as proposed by the
House and $231,860,000 as proposed by the Senate.
The conference agreement provides for an estimated loan
program level of $4,362,128,000 instead of $4,364,727,000 as
proposed by the House and $4,352,813,000 as proposed by the
Senate.
The conference agreement provides for a transfer of
$443,302,000 to salaries and expenses instead of $447,151,000
as proposed by the House and $439,453,000 as proposed by the
Senate.
The Rural Housing Service is encouraged to work with
South County Housing Corporation in Monterey County,
California, on the Salinas Road Swing Housing Project.
The following table indicates loan and subsidy levels
provided in the conference agreement:
Rural Housing Insurance Fund Program Account:
Loan authorizations:
Single family (sec. 502)............................($1,366,462,000)
Unsubsidized guaranteed......................... (2,725,172,000)
Housing repair (sec. 504)........................... (35,004,000)
Rental housing (sec. 515)....................... (116,545,000)
Site loans (sec. 524)............................... (5,045,000)
Multi-family housing guarantees..................... (100,000,000)
Multi-family housing credit sales................... (1,500,000)
Single family housing credit sales.................. (10,000,000)
Self-help housing land development.................. (2,400,000)
--------------------------------------------------------
____________________________________________________
Total, Loan authorizations.................... (4,362,128,000)
========================================================
____________________________________________________
Loan subsidies:
Single family (sec. 502)............................ 126,018,000
Unsubsidized guaranteed......................... 39,903,000
Housing repair (sec. 504)........................... 9,612,000
Rental housing (sec. 515)....................... 50,126,000
Site loans (sec. 524)............................... --
Multi-family housing guarantees..................... 5,950,000
Multi-family housing credit sales................... 663,000
Single family housing credit sales.................. --
Self-help housing land development.................. 75,000
--------------------------------------------------------
____________________________________________________
Total, Loan subsidies
232,347,000
========================================================
____________________________________________________
RHIF administration expenses (transfer to RD)........... 443,302,000
RENTAL ASSISTANCE PROGRAM
The conference agreement provides $584,000,000 for the
Rental Assistance Program instead of $731,000,000 as proposed
by the House and $721,281,000 as proposed by the Senate.
The conferees strongly support the Section 521 rental
assistance program which helps approximately 264,000 low and
very-low income rural households by providing a subsidy to
offset a portion of their rent. The conference agreement
provides sufficient funding to meet the needs associated with
program renewals and new construction in fiscal year 2004.
However, the conferees are concerned that the past budget
requests for the cost of rental assistance have been overstated
and have resulted in substantial unliquidated balances. In
recent years, appropriations provided for five-year rental
assistance contracts have been sufficient to cover a period of,
on average, six and one half years. The conference agreement
changes the contract term from five to four years better to
reflect the actual costs of existing contracts. The conferees
support the continuation of multi-year contracts to provide
stability to the multi-family program. Further, the conference
agreement provides the Secretary with the authority to carry-
over unexpended funds at the completion of the four-year
contract period to address future program needs for certain
purposes.
MUTUAL AND SELF-HELP HOUSING GRANTS
The conference agreement provides $34,000,000 for Mutual
and Self-Help Housing Grants as proposed by the Senate instead
of $34,772,000 as proposed by the House.
The conference agreement does not adopt Senate bill
language regarding Demonstration Housing Grants.
RURAL HOUSING ASSISTANCE GRANTS
The conference agreement provides $46,222,000 for Rural
Housing Assistance Grants as proposed by the Senate instead of
$42,222,000 as proposed by the House.
The conferees provide $5,000,000 for a demonstration
housing program for processing workers in the states of Alaska,
Mississippi, Utah and Wisconsin. The conferees encourage the
Secretary to administer this program through non-profits,
governmental entities and community based organizations,
including cooperatives and to fund grants up to 75 percent of
the total development cost for each project awarded.
The Department should consider on-site tenant services in
the selection criteria for projects awarded. The conferees
encourage the Department to issue a notice of availability of
funds within 60 days of enactment of this Act.
The conferees are concerned that only a few states
benefited from the Supervisory and Technical Assistance Grant
Program in the fiscal year 2003 allocation, and encourage the
Secretary to consider an allocation process that will not
discriminate against other states or regions of the nation. The
conferees encourage the Secretary to limit funding to any state
or territory to 10 percent of available funds, and to give
priority to entities that have experience in homeownership
education and/or reducing delinquencies and foreclosures. The
conferees expect the Secretary to provide not less than
$2,000,000 for the Supervisory and Technical Assistance
account.
FARM LABOR PROGRAM ACCOUNT
The conference agreement provides $36,307,000 for the
Farm Labor Program Account as proposed by the House instead of
$33,015,000 as proposed by the Senate.
The conference agreement provides $18,300,000 for loan
subsidies, and $18,007,000 for grants.
HISTORIC BARN PRESERVATION
The conference agreement does not include $2,000,000 for
the Historic Barn Preservation account as proposed by the
Senate.
Rural Business-Cooperative Service
RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT
The conference agreement provides a loan level of
$40,000,000 with a subsidy of $17,308,000, the same as proposed
by both the House and Senate.
The conference agreement provides for a transfer of
$4,272,000 to the Rural Development salaries and expense
account instead of $4,283,000 as proposed by the House and the
Senate.
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
The conference agreement provides a loan level of
$15,002,000 for the Rural Economic Development Loans Program
Account with a subsidy of $2,792,000 as proposed by the Senate
instead of a $16,120,000 loan level with a subsidy of
$3,000,000 as proposed by the House.
RURAL COOPERATIVE DEVELOPMENT GRANTS
The conference agreement provides $24,000,000 for Rural
Cooperative Development Grants instead of $13,000,000 as
proposed by the House and $8,967,000 as proposed by the Senate.
The conference agreement does not include bill language
that sets aside $500,000 for cooperative research agreements.
The conference agreement provides $15,000,000 for value-
added agricultural product market development grants.
The conference agreement adopts language 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.
RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS
The conference agreement provides $12,667,000 for Rural
Empowerment Zones and Enterprise Communities Grants instead of
$10,967,000 as proposed by the House and $14,370,000 as
proposed by the Senate.
The conference agreement includes bill language providing
that $1,000,000 shall be for third round empowerment zones.
RENEWABLE ENERGY PROGRAM
The conference agreement provides $23,000,000 for the
Renewable Energy Program as proposed by the House and the
Senate.
The conference agreement includes bill language that
provides for guaranteed loans for this account.
Rural Utilities Service
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT
The conference agreement provides a total subsidy of
$185,000 for activities under the Rural Electrification and
Telecommunications Loans Program Account. The conference
agreement provides for an estimated loan program level of
$5,605,000,000 as proposed by the Senate instead of
$4,655,000,000 as proposed by the House.
The conference agreement adopts bill language that
provides guaranteed underwriting loans.
The conference agreement adopts House language providing
for a transfer of $37,853,000 to salaries and expenses instead
of $38,166,000 as proposed by the House and $37,920,000 as
proposed by the Senate.
The following table indicates loan and subsidy levels
provided in the conference agreement:
Rural Electrification and Telecommunications Loans
Program Account:
Loan authorizations:
Electric:
Direct, 5 percent............................... ($240,000,000)
Direct, Muni.................................... (1,000,000,000)
Direct, FFB..................................... (2,000,000,000)
Direct, Treasury rate........................... (750,000,000)
Guaranteed...................................... (100,000,000)
Guaranteed underwriting......................... (1,000,000,000)
--------------------------------------------------------
____________________________________________________
Subtotal.................................... (5,090,000,000)
========================================================
____________________________________________________
Telecommunications:
Direct, 5 percent............................... (145,000,000)
Direct, Treasury rate........................... (250,000,000)
Direct, FFB..................................... (120,000,000)
--------------------------------------------------------
____________________________________________________
Subtotal.................................... (515,000,000)
========================================================
____________________________________________________
Total, loan authorizations.................. (5,605,000,000)
========================================================
____________________________________________________
Loan subsidies:
Electric: Guaranteed............................ 60,000
Telecommunications:
Direct, Treasury rate........................... 125,000
--------------------------------------------------------
____________________________________________________
Total, loan subsidies....................... 185,000
========================================================
____________________________________________________
RETLP administrative expenses (transfer to RD).......... 37,853,000
RURAL TELEPHONE BANK PROGRAM ACCOUNT
The conference agreement provides $173,503,000 for the
Rural Telephone Bank Program Account as proposed by the Senate.
The House did not provide funding for this account.
The conference agreement provides for a transfer of
$3,171,000 to salaries and expenses instead of $3,182,000 as
proposed by the House and the Senate.
DISTANCE LEARNING, TELEMEDICINE AND BROADBAND PROGRAM
The conference agreement provides $61,116,000 for the
Distance Learning, Telemedicine and Broadband Program instead
of $42,116,000 as proposed by the House and $65,116,000 as
proposed by the Senate.
The conference agreement provides for an estimated loan
program level of $300,000,000 for distance learning and
telemedicine and $602,000,000 for broadband telecommunications.
The conference agreement includes $39,000,000 for
Distance Learning and Telemedicine grants.
The conference agreement includes $13,116,000 for
Broadband loan subsidies, and $9,000,000 for grants.
The conference agreement includes bill language that the
Broadband Loan program shall be for direct, Treasury rate
loans.
The conference agreement adopts language defining rural
areas as proposed by the Senate.
The conferees are aware of and encourage the Secretary to
support the utilization of remote telemedicine services capable
of transmitting medical information in both real-time and
stored scenarios for diagnosis, medical monitoring, and
emergency purposes. Furthermore, the conferees recognize the
need for integration and interoperability of real-time remote
mobile medical technology with other devices, systems, and
services which together offer increased capabilities,
functionality, and levels of care.
TITLE IV--DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition and Consumer Services
The conference agreement provides $599,000 for the Office
of the Under Secretary for Food, Nutrition and Consumer
Services, as proposed by the House, instead of $611,000 as
proposed by the Senate.
Food and Nutrition Service
CHILD NUTRITION PROGRAMS
The conference agreement provides $11,417,441,000 for
Child Nutrition Programs, instead of $11,418,441,000, as
proposed by both the House and Senate. The conference amount
includes full funding of the request for program expenses, and
$5,000,000 for a certification study, instead of $6,000,000 as
requested.
Included in the total is an appropriated amount of
$6,717,780,000 and a transfer from section 32 of
$4,699,661,000.
The conference agreement includes a provision prohibiting
use of funds for studies and evaluations, except as
specifically provided.
The conferees provide $5,000,000 in one-time funding for
a study of over and under certification errors and the effect
those errors have 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.
The conferees are aware that this study will provide
information necessary to make informed policy decisions
regarding these programs, but direct the Department to work to
ensure that neither the design nor implementation of the study
will discourage participation in these programs by eligible
children.
The conferees provide $10,025,000, the same level as
fiscal year 2003 and the budget request, for the School Meals
Initiative/Team Nutrition. The conferees believe it is
important to support physical activity and healthy eating
habits in children and strongly support the nutrition education
activities carried out with these funds. The conferees
encourage the Department to provide additional funding to
support these efforts as appropriate to combat increased
obesity and other health problems in children.
The conference agreement provides the following for Child
Nutrition programs:
Total Obligational Authority
Child Nutrition Programs:
School lunch program................................ $6,683,704,000
School breakfast program............................ 1,797,923,000
Child and adult care food program................... 2,019,045,000
Summer food service program......................... 308,653,000
Special milk program................................ 15,270,000
State administrative expenses....................... 140,240,000
Commodity procurement and computer support.......... 431,309,000
School meals initiative/Team nutrition.............. 10,025,000
Food safety education............................... 1,000,000
Coordinated review effort........................... 5,235,000
Program Pay Cost.................................... 37,000
Certification and data match study.................. 5,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 11,417,441,000
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
The conference agreement provides $4,639,232,000 for the
Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC), as proposed by the Senate, instead of
$4,588,310,000 as proposed by the House.
The conference agreement includes no less than
$15,000,000 for a breastfeeding support initiative. In
addition, the conference agreement provides up to $25,000,000
for investments in management information systems, and up to
$4,000,000 for pilot projects to combat obesity in children, if
the Secretary determines that those funds are not needed to
maintain caseload. The conferees provide $23,000,000 for the
Farmers' Market Nutrition Program, instead of $25,000,000 as
proposed by the Senate, and no funding as proposed by the
House. The House had funded this program at $20,000,000 under
the Commodity Assistance Program account.
The conference agreement does not provide funds to
increase the WIC contingency fund. The conferees note that
$125,000,000 was provided for the WIC contingency fund in
fiscal year 2003, and the entire amount remains available to
the Secretary to fund program costs if necessary.
The conferees urge the Secretary to allow state and local
WIC agencies the flexibility to use breastfeeding promotion and
support methods and efforts that have yielded positive results,
in the expenditure of funds provided for under Section 17 for
the breastfeeding support initiative.
The conference agreement includes a provision prohibiting
use of funds for studies and evaluations.
FOOD STAMP PROGRAM
The conference agreement provides $30,945,981,000 for the
Food Stamp Program, instead of $27,745,981,000, as proposed by
the House and $29,945,981,000 as proposed by the Senate.
Included in this amount is a reserve of $3,000,000,000, instead
of $2,000,000,000, as proposed in the budget request.
In addition to the $3,000,000,000 for the reserve, the
conference agreement includes $26,403,176,000 for program
expenses, $1,402,805,000 for grants to Puerto Rico and Samoa,
and $140,000,000 for commodity purchase for The Emergency Food
Assistance Program.
The conference agreement includes a provision allowing
for purchase of bison meat, in an amount not to exceed
$4,000,000, for the Food Distribution Program on Indian
Reservations (FDPIR).
The conference agreement includes a provision prohibiting
use of funds for studies and evaluations.
COMMODITY ASSISTANCE PROGRAM
The conference agreement provides $150,000,000 for the
Commodity Assistance Program, instead of $166,072,000, as
proposed by the House and $145,740,000 as proposed by the
Senate.
Within that amount, the conference agreement provides
$98,919,000 for the Commodity Supplemental Food Program, an
increase of $3,928,000 over the request and the House and
Senate levels.
The conferees have provided this increase to address the
growing caseload in this program. USDA has indicated that, at
the request level of $94,991,000, the total budgetary resources
available for fiscal year 2004 for the program--including
beginning inventory--would be sufficient to support
participation of 520,642, and caseload of 536,744. The
conferees expect the Department to make the full amount of
those budgetary resources available to support participation
and caseload. The intention of the conferees is to ensure at a
minimum that the final caseload in September, 2003, can be
maintained in 2004, while meeting the requirement to protect
the caseload of states that joined the program in 2003.
The conferees provide $50,000,000 for administration--
processing, storage, transport, and distribution--of The
Emergency Food Assistance Program (TEFAP). The conference
agreement includes a general provision that provides the
Secretary with authority to transfer up to $10,000,000 from
TEFAP commodity purchases to administration.
Within this account, the conferees provide $1,081,000 to
the Food Donations Program for Pacific Island Assistance.
The conference agreement does not include funding for the
Farmers' Market Nutrition Program in this account, as proposed
by the House. Rather, $23,000,000 in funding for that program
is provided in the account for The Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC).
The conference agreement includes language regarding new
authorization for assistance to nuclear affected islands.
NUTRITION PROGRAMS ADMINISTRATION
The conference agreement provides $138,304,000 for
Nutrition Programs Administration, as proposed by the Senate,
instead of $140,512,000 as proposed by the House. Included in
this amount is not less than $4,000,000 to improve integrity in
the Food Stamp Program and Child Nutrition Program.
The conferees provide the same funding level as fiscal
year 2003 for studies and evaluations in the Nutrition Programs
Administration account.
The conference agreement does not include funding for the
requested initiatives, as proposed by the House.
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Foreign Agricultural Service
SALARIES AND EXPENSES
The conference agreement provides $132,148,000 for the
Foreign Agricultural Service, Salaries and Expenses instead of
$133,924,000 as proposed by the House and $131,648,000 as
proposed by the Senate.
The conferees direct the Secretary to distinguish between
white (food grade) sorghum and yellow (feed grade) sorghum in
food aid programs.
PUBLIC LAW 480 TITLE I AND TITLE II PROGRAM AND GRANT ACCOUNTS
The conference agreement provides $103,887,000 for Title
I loan subsidies for a loan level of $132,000,000 as proposed
by the House instead of $131,670,000 as proposed by the Senate.
The conference agreement provides $28,000,000 for Ocean
Freight Differential as proposed by the House and the Senate.
The conference agreement provides $1,192,000,000 for
Public Law 480 Title II as proposed by the House and the
Senate.
The following table reflects the conference agreement for
Public Law 480 program accounts:
Public Law 480
Title 1--Program account:
Loan authorization, direct.......................... ($132,000,000)
Loan subsidies...................................... 103,887,000
Ocean freight differential 28,000,000
Title II--Commodities for disposition abroad:
Program level....................................... (1,192,000,000)
Appropriation....................................... 1,192,000,000
Salaries and expenses:
Foreign Agricultural Service (transfer to FAS)...... 1,059,000
Farm Service Agency (transfer to FSA)............... 1,075,000
The conferees direct the administration not to place
arbitrary limits on monetization under the Public Law 480,
Title II, program. In food-deficit, import-reliant countries,
monetization stimulates the economy and allows needed
commodities to be provided in the marketplace. Food aid
proposals should be approved based on the merits of the program
plan to promote food security and improve people's lives, not
on the level of monetization.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The conference agreement provides $50,000,000 for the
McGovern-Dole International Food for Education and Child
Nutrition Program instead of $56,874,000 as proposed by the
House and $25,000,000 as proposed by the Senate.
Although Food for Progress funds may not be used for the
McGovern-Dole program, the conferees support the goals of that
program and encourage the Secretary to investigate use of other
resources, such as 416(b), to carry out activities consistent
with the goals of the McGovern-Dole program.
Commodity Credit Corporation Export Loans Program Account
The conference agreement provides $4,152,000 for the
Commodity Credit Corporation Export Loans Program Account as
proposed by the Senate instead of $4,312,000 as proposed by the
House.
TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
The conference agreement provides total appropriations,
including Prescription Drug User Fee Act, Medical Device User
Fee Act, and Animal Drug User Fee Act collections, of
$1,673,441,000 for the salaries and expenses of the Food and
Drug Administration, instead of $1,668,249,000, as proposed by
the House and $1,663,228,000, as proposed by the Senate, and
provides specific amounts by FDA activity as reflected in the
following table.
FOOD AND DRUG ADMINISTRATION, SALARIES AND EXPENSES
[In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Prescription Medical device Animal drug user
Program Budget authority drug user fees user fees fees Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Foods......................................................... 413,112 ................ ................ ................ 413,112
Human Drugs................................................... 295,906 182,060 ................ ................ 477,966
Biologics..................................................... 123,539 38,271 7,619 ................ 169,429
Animal Drugs and Feeds........................................ 84,646 ................ ................ 4,750 89,396
Medical Devices............................................... 192,278 ................ 17,142 ................ 209,420
Nat'l Center for Toxicological Research....................... 39,887 ................ ................ ................ 39,887
Other Activities.............................................. 90,725 20,848 3,788 ................ 115,361
Rent and Rent-related Activities.............................. 38,636 ................ 640 ................ 39,276
Rental Payments to GSA........................................ 108,233 8,646 2,465 250 119,594
-----------------------------------------------------------------------------------------
Total Recommendation.................................... 1,386,962 249,825 31,654 5,000 1,673,441
--------------------------------------------------------------------------------------------------------------------------------------------------------
The conference agreement also makes mammography user fees
and export certification user fees available to the agency.
Within the total funding for the Food and Drug
Administration, the following increases above the fiscal year
2003 level are provided: $20,500,000 for counterterrorism and
food safety activities; $8,000,000 to reduce review times and
increase the number of generic drugs on the market; $4,000,000
for activities to support the Best Pharmaceuticals for Children
Act; $3,000,000 for activities related to patient safety;
$650,000 to improve FDA's over the counter drug program; and
$1,145,000 to continue implementation of the Unified Financial
Management System. Amounts provided above the budget request
include: $9,000,000 for increased medical device review;
$600,000 for the Office of Women's Health; $692,000 for the
CFSAN Adverse Events Reporting System; $150,000 for the
Agricultural Products Food Safety Laboratory; and $500,000 for
dietary supplements.
The conference agreement includes language allowing for
the collection and use of authorized user fees, and does not
allow user fees collected in excess of the limitation to be
credited to the various accounts and to remain available until
expended. The conference agreement also allows for fees
assessed prior to fiscal year 2004 but credited during fiscal
year 2004 to be added to the account. Language is included to
release the requirement of Section 521 of P.L. 107-188.
The conference agreement includes $2,375,000 for
relocation expenses related to the move of the Center for Drug
Evaluation and Research offices to the consolidated White Oak
campus. Carryover funds available in the Prescription Drug User
Fee Account should fund the remaining amount needed for the
relocation.
The conferees are aware that language to authorize the
Animal Drug User Fee Act has been passed by the House and
Senate, but has not yet been signed into law. Therefore, the
conferees have included language in the bill required for FDA
to collect these fees, but prohibit FDA to begin collection
until the authorization has been signed into law.
The conference report provides funding of $21,607,000 for
Bovine Spongiform Encephalopathy (BSE) prevention activities.
The conference agreement recommendation includes a total
of $9,445,000 for the Unified Financial Management System
(UFMS), an increase of $1,145,000. The conferees direct that,
from this total amount, no less than $4,503,000 is to be
invested in improvements to FDA's legacy systems and is not to
be used for UFMS contracts or global UFMS costs.
The conferees provide $1,900,000 for the Agricultural
Products Food Safety Laboratory, an increase of $150,000 over
the fiscal year 2003 level, for FDA to continue its contract
with New Mexico State University's Physical Sciences Laboratory
to operate the Food Technology Evaluation Laboratory, which
conducts evaluation and development of rapid screening
methodologies, technologies, and instrumentation; and to
provide technology deployment modeling and data analysis for
food safety and product safety in order to facilitate FDA's
regulations and responsibilities in food safety, product
safety, homeland security, bioterrorism, and other initiatives.
The conferees direct that no less than $13,270,000 be
available for grants and contracts awarded under section 5 of
the Orphan Drug Act.
The conferees request that FDA report to the Committees
on its oversight plan regarding the adequacy of current systems
for the tracking of blood-derived products and patient
notification of adverse events.
The conferees are pleased that the FDA has published a
rule articulating a transition strategy for removing
chlorofluorocarbon (CFC) propelled medicines from the U.S.
market. The conferees are aware that several patient and
physician organizations which represent those who suffer from
asthma and chronic obstructive pulmonary disease submitted a
Citizen Petition to the FDA requesting that it take measures to
remove albuterol from the list of essential uses for CFCs. The
conferees encourage the FDA to respond to the petition request
in a timely manner and, if appropriate, expeditiously implement
a transition strategy as alternative non-CFC products enter the
U.S. market. The conferees request a report from the agency on
its course of action regarding this issue, including plans to
assure adequate access to necessary medications, within 90 days
of enactment.
The conferees direct that no less than $53,750,000 of
total funding appropriated for FDA be provided for the generic
drugs program.
The conferees direct that none of the funds made
available to the Food and Drug Administration in this Act be
used for any assessments or charges by the Department of Health
and Human Services (DHHS) unless identified in the FDA budget
justification and provided in this Act, or approved by the
Committees through the reprogramming process.
The conference agreement does not include language
relating to human resources consolidation, as proposed by the
House. The directive in the preceding paragraph includes that
function, as well as all others subject to charges and
assessments by DHHS.
The conference agreement includes no less than $250,000
for research and education activities with the Interstate
Shellfish Sanitation Commission (ISSC) to focus on efforts
relating to Vibrio vulnificus.
The conferees are concerned that FDA registration
requirements for the licensed beverage industry under the
Interim Final Rule published October 10, 2003, duplicate the
requirements of registration at the Alcohol and Tobacco Tax and
Trade Bureau (TTB) of the U.S. Department of the Treasury. The
confereesdirect FDA to report to the Committees within 60 days
of enactment on the scope of duplication, a description of data
required by FDA but not by TTB, the estimated cost of transferring TTB
registration data into the FDA system, and the timeframe in which the
transfer could be accomplished, to avoid duplication and unnecessary
costs to the industry.
The conferees are concerned that different Federal
agencies have published information on the level of methyl
mercury exposure that is considered safe for humans, which may
be confusing to consumers. The conferees understand that in the
last nine months, FDA and the Environmental Protection Agency
have been working together to develop a single joint advisory
that will contain advice about all types of fish (commercial
and locally caught). The conferees expect FDA to provide a copy
of the resulting draft joint advisory to the Committees by
January 2, 2004.
The conferees direct that no less than $250,000 be
provided to process comments submitted in response to Docket
No. 95N-0304 published in the Federal Register on March 5, 2003
(68 FR 10417) and related activities.
The conferees are aware that the Food and Drug
Administration has issued a final rule regarding the labeling
of dietary supplements containing ginseng (68 Fed. Reg. 167,
August 28, 2003) and has indicated that the industry must be in
compliance with this labeling rule. The conferees encourage FDA
to ensure that this final rule is being fully enforced.
The conferees are aware that on May 6, 2003, the FDA
issued a draft guidance document on current good manufacturing
practices for the medical gas industry, and that numerous
comments were received on this draft prior to the deadline for
public comments. The conferees expect the Agency to give
consideration to each of these comments, and to respond to each
comment accordingly. The conferees also encourage the FDA to
undertake a risk-based and cost-benefit analysis before
finalizing this document.
The conferees direct that of the funding provided, no
less than $10,900,000, an increase of $500,000 be made
available for the regulation of dietary supplements.
BUILDINGS AND FACILITIES
The conference agreement includes $7,000,000 for the
repair and improvement of existing buildings and facilities,
instead of $6,000,000 as proposed by the House and $7,948,000
as proposed by the Senate.
INDEPENDENT AGENCIES
Commodity Futures Trading Commission
The conference agreement provides $90,435,000 for the
Commodity Futures Trading Commission, instead of $88,435,000 as
proposed by both the House and Senate.
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement includes a limitation of
$40,900,000 on administrative expenses of the Farm Credit
Administration (FCA), as proposed by both the House and Senate.
TITLE VII--GENERAL PROVISIONS
Section 710.--The conference agreement limits indirect
costs for competitive grants awarded by the Cooperative State
Research, Education, and Extension Service to 20 percent.
Section 722.--The conference agreement directs that no
funding may be used to close or relocate a state RD office
unless or until cost effectiveness and enhancement of program
delivery have been determined.
Section 723.--The conference agreement provides
$3,000,000 for Bill Emerson and Mickey Leland Hunger
Fellowships.
Section 724.--The conference agreement allows balances,
recoveries, and reimbursements that are available to carry out
title III of P.L. 480 to be made available to carry out title
II.
Section 725.--The conference agreement directs the
Secretary to make commodity tonnage available, to the extent
practicable, to assist foreign countries to mitigate the
effects of the Human Immunodeficiency Virus and Acquired Immune
Deficiency Syndrome.
Section 726.--The conference agreement includes language
regarding the National Sheep Industry Improvement Center
revolving fund.
Section 727.--The conference agreement directs the
Natural Resources Conservation Service to provide financial and
technical assistance for certain projects in Arkansas, Alaska,
Illinois, Utah, and Kansas.
Section 728.--The conference agreement names certain
locations that shall be considered to meet eligibility
requirements for programs within the Rural Development mission
area.
Section 729.--The conference agreement directs the
Natural Resources Conservation Service to provide financial and
technical assistance for certain projects in Illinois and
Kentucky and sets limits for that funding.
Section 730.--The conference agreement includes language
limiting transfers unless specifically provided for in an
appropriation Act.
Section 731.--The conference agreement includes a
limitation regarding Food and Drug Administration offices in
St. Louis, Missouri.
Section 732.--The conference agreement allows unobligated
balances within the Department of Agriculture to be used to
reimburse the Office of the General Counsel for certain
services provided.
Section 733.--The conference agreement allows 20 percent
of funds for competitive research grants to be used to carry
out a competitive grants program under certain terms and
conditions.
Section 734.--The conference agreement includes language
regarding dam rehabilitation.
Section 735.--The conference agreement directs the
Natural Resources Conservation Service to provide financial and
technical assistance for the Upper Tygart Valley Watershed
Project, and authorizes the Service to provide 100 percent of
engineering assistance and 75 percent of the installation
costs.
Section 736.--The conference agreement includes language
regarding the Rural Strategic Investment Program.
Section 737.--The conference agreement includes language
regarding rural firefighters and emergency personnel grants.
Section 738.--The conference agreement includes language
regarding studies done by the Agricultural Research Service.
Section 739.--The conference agreement allows the
Agricultural Marketing Service and the Grain Inspection,
Packers and Stockyards Administration to purchase interest-
bearing investments without posting them as obligations if they
are insured or collateralized.
Section 740.--The conference agreement provides up to
$10,000,000 for costs associated with the distribution of
commodities under the Food Stamp Act of 1977.
Section 741.--The conference agreement includes language
regarding the Wetlands Reserve Program.
Section 742.--The conference agreement prohibits funds in
excess of $20,000,000 that have been appropriated in fiscal
year 2004 or prior years, as authorized under the Agricultural
Trade Development and Assistance Act of 1954, to be used to
reimburse the Commodity Credit Corporation for the release of
eligible commodities under the Bill Emerson Humanitarian Trust
Act.
Section 743.--The conference agreement includes language
regarding the Environmental Quality Incentives Program.
Section 744.--The conference agreement directs the
Natural Resources Conservation Service to provide financial and
technical assistance to the Dry Creek project, Utah.
Section 745.--The conference agreement provides the
Secretary of Agriculture with authority to authorize employees
of the Department to carry and use firearms for personal
protection while conducting field work in remote locations.
Section 746.--The conference report includes language
regarding the renewable energy program.
Section 747.--The conference report includes language
regarding the broadband telecommunications program.
Section 748.--The conference report includes language
regarding value-added market development grants.
Section 749.--The conference report includes language
regarding country-of-origin labeling.
Section 750.--The conference report includes a provision
regarding rural electric subsidy costs.
Section 751.--The conference report includes a rescission
of unobligated balances in the Alternative Agricultural
Research and Commercialization Revolving Fund.
Section 752.--The conference report includes language
regarding the Conservation Security Program.
Section 753.--The conference report includes language
regarding the ground and surface water conservation program.
Section 754.--The conference report includes language
regarding the Wildlife Habitat Incentive Program.
Section 755.--The conference report includes language
regarding the Farmland Protection Program.
Section 756.--The conference report includes $15,000,000
in assistance for certain tree losses.
Section 757.--The conference report includes $1,500,000
for the Northern Great Plains Regional Authority and stipulates
that the Federal cost share is 100 percent.
Section 758.--The conference report includes a directive
on a reporting requirement related to trade development and
assistance.
Section 759.--The conference agreement includes language
regarding rural business investment subsidies.
Section 760.--The conference agreement includes language
regarding travel card use.
The conferees are aware of the audit conducted by the
USDA Office of the Inspector General (OIG) of the departmental
travel card program, which uncovered problems such as fraud,
abusive ATM usage, ``bounced'' check payments, and lack of
specific travel card policies and penalties. USDA recently made
efforts to limit abusive practices by attempting to reduce the
number of credit card holders, issuing revised departmental
regulations, and instituting a new system of alerts to catch
abusive transactions.
The conferees commend the Secretary for moving forward to
begin to address the problems with official credit and travel
cards, and urge the Secretary to continue work on this problem.
The conferees have retained the House-passed language as a
reminder to the Department and will continue to monitor the
Department's remedial activities. If it is necessary, the
conferees will consider a statutory remedy during the fiscal
year 2005 process.
Section 761.--The conference agreement includes a
provision regarding cost-sharing requirements for animal and
plant health emergency programs of the Animal and Plant Health
Inspection Service.
Section 762.--The conference agreement authorizes use of
USDA available discretionary funds for activities relating to
discrimination complaints.
Section 763.--The conference agreement includes a
provision regarding eligibility for housing assistance in
Alaska.
Section 764.--The conference agreement provides
$1,000,000 to the Denali Commission to address deficiencies in
solid waste disposal sites.
Section 765.--The conference agreement directs that the
cities of Vicksburg and Starkville, Mississippi, and Aberdeen,
South Dakota, meet the requirements of a rural area as set in
section 520 of the Housing Act until receipt of the decennial
Census for 2010.
Section 766.--The conference agreement makes the cities
of Berlin, New Hampshire, and Guymon, Shawnee, and Altus,
Oklahoma, eligible for loans and grants provided through the
Rural Community Advancement Program until receipt of the
decennial Census for 2010.
Section 767.--The conference agreement includes language
regarding competitive outsourcing.
Section 768.--The conference agreement amends the Housing
Act of 1949 relating to adjusted income.
Section 769.--The conference agreement includes language
relating to Agricultural Management Assistance. The conferees
direct the Secretary to use not less than $3,000,000 of the
funding available under this Section to the Risk Management
Agency to fund additional crop insurance cost share assistance
programs in states which have operated a state-funded crop
insurance premium assistance program for crop years 2001, 2002.
Section 770.--The conference agreement includes a
permanent limitation regarding sale or export of tobacco or
tobacco products through the Foreign Agricultural Service.
Section 771.--The conference agreement includes a
provision to maintain the benefit level for Food Stamp
recipients in Alaska and Hawaii at the fiscal year 2003 level.
Section 772.--The conference agreement includes a
provision defining ``rural eligible community'' in the Rural
Electrification Act of 1936.
Section 773.--The conference agreement includes a
provision relating to eligibility of rural areas in Hawaii for
programs in the Rural Development Mission Area.
Section 774.--The conference agreement includes a
provision relating to mortgage-backed securities.
Section 775.--The conference agreement includes a
provision giving the Secretary of Agriculture the authority to
allow Community Facility Program borrowers to enter into
contracts with third parties for necessary services.
Section 776.--The conference agreement gives the
Secretary of Agriculture the authority to enter into
cooperative agreements to lease aircraft.
Section 777.--The conference agreement amends language in
the Agricultural Assistance Act of 2003 regarding citrus canker
assistance.
Section 778.--The conference agreement includes language
regarding a Sun Grant Research Initiative.
Section 779.--The conference agreement includes language
allowing use of unobligated balances in certain accounts within
the Rural Utilities Service for the purposes of section 315 of
the Rural Electrification Act of 1936.
Section 780.--The conference agreement includes language
regarding price supports for nonfat dry milk and butter.
Section 781.--The conference agreement authorizes the
Secretary to make funding and other assistance available
through the emergency watershed protection program for damage
to non-Federal lands due to fires initiated by the Federal
Government, and waives cost sharing requirements.
Section 782.--The conference agreement authorizes the
Secretary to waive requirements regarding small and emerging
rural business under the Rural Business Enterprise Grant
program for the Oakridge Oregon Industrial Park.
Section 783.--The conference agreement makes the Alaska
Department of Community and Economic Development eligible for a
water and waste disposal grant that funds not more than 75
percent of the cost of the project, and permits the grant to
pass through to the local government.
Section 784.--Language is included regarding eligibility
for the Conservation Reserve Program for land planted in
hardwood trees, and previously enrolled in the program, to
remain enrolled.
Section 785.--The conference agreement makes the city of
Postville, Iowa, eligible for a water and waste disposal grant
that funds not more than 75 percent of the cost of the project.
Section 786.--The conferees include a limitation on
funding for the Natural Resources Conservation Service related
to a reorganization of regional conservationists and/or
regional offices.
Section 787.--The conference agreement includes a
rescission from the unobligated balance of the field automation
and information management project for the Food Safety and
Inspection Service.
Section 788.--The conference agreement includes a
citation change to make funds available for international
science and education grants.
Section 789.--The conference report includes language
regarding the eligibility of Great Falls, Montana, for certain
loans.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2004 recommended by the Committee of Conference,
with comparisons to the fiscal year 2003 amount, the 2004
budget estimates, and the House and Senate bills for 2004
follows:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2003... $74,752,926
Budget estimates of new (obligational) authority fiscal
year 2004........................................... 77,561,060
House bill, fiscal year 2004............................ 77,386,274
Senate bill, fiscal year 2004........................... 79,602,414
Conference agreement, fiscal year 2004.................. 80,632,273
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2003.............................................. +5,879,347
Budget estimates of new (obligational) authority,
fiscal year 2004.................................. +3,071,213
House bill, fiscal year 2004........................ +3,245,999
Senate bill, fiscal year 2004....................... +1,029,859
DIVISION B--COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
AGENCIES APPROPRIATIONS, 2004
TITLE I--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The conferees recommend a total of $106,687,000 for
General Administration, Salaries and Expenses, instead of
$106,664,000 as proposed by the House and $116,171,000 as
proposed by the Senate.
The conferees note that during fiscal year 2003, the
Justice Department announced a number of new initiatives
without consulting Congress, including creation of the
Terrorist Threat Integration Center, the Terrorist Screening
Center, and the Anti-Terrorism Advisory Councils. These follow
the proliferation of task forces, a massive and evolving
reorganization of the Federal Bureau of Investigation, and
various database initiatives in the previous fiscal year. No
legislative proposals have been submitted to establish any of
these entities; it is unclear what the long term funding needs
associated with each of these will be; and most importantly, it
is unclear what the overarching strategy is to reconcile each
of these entities within the current structure of the Justice
Department and blend them with other Federal law enforcement
entities outside the Justice Department to ensure that law
enforcement at all levels has the tools to effectively combat
terrorism and protect citizens from traditional crimes. The
conferees remain supportive of the Justice Department, and
toward that end direct the Justice Department to submit with
the fiscal year 2005 budget a rationalization of these various
efforts with the goal of consolidating efforts to ensure that
Federal law enforcement enhances its ability to prevent
terrorist attacks and fight traditional crime.
The conference agreement adopts by reference House and
Senate language providing an increase of $7,000,000 for the
highest priority activities of the Chief Information Officer
(CIO), as well as House language regarding a report on all
existing and planned information technology sharing projects,
and review and coordination of Justice Department information
technology initiatives. The conferees will consider a
reprogramming for information technology projects should
additional funds be necessary. The conferees remain concerned
with the proliferation of database initiatives and direct the
Justice CIO to provide quarterly briefings. The conferees
request the Justice CIO to submit a prioritized list of
information technology projects to the Committees on
Appropriations with the FY 2005 budget submission.
The conference agreement adopts by reference Senate
language regarding funding for RFK building security needs. The
conferees adopt by reference House language regarding corporate
fraud and Native American gambling.
The conferees adopt by reference House language regarding
the creation of a position to oversee Department of Justice
activities with regard to civil rights. The conferees expect
this position to be filled by a senior career official with
specific knowledge and experience in civil rights. The
conferees adopt by reference House language regarding
posthumous award of Public Safety Officers Medal of Valor to
the 414 public safety officers who perished on September 11,
2001. The conferees adopt by reference House language regarding
a comprehensive review of all training programs for State and
local law enforcement.
The conferees adopt by reference House and Senate
language regarding the Justice Department's core financial
management system and direct the Department to consider a
cross-servicing arrangement with another Federal agency to
provide these services rather than building a system of its
own. A study of such a cross-servicing option and other options
shall be submitted by March 1, 2004. The conferees will
consider a reprogramming for these activities as necessary. The
conferees adopt by reference House language regarding locks.
The conference agreement adopts by reference Senate
language regarding quarterly briefings from the Office of
Intelligence Policy and Review. The conferees do not adopt
Senate report language regarding a study to consolidate Justice
Department facilities out of the Washington, DC metropolitan
area, but direct the Justice Department to submit a long-term
plan for its facilities no later than June 15, 2004. The
conferees do not include Senate language regarding transfer of
the U.S. Marshals seized assets management program to General
Administration.
The conferees direct the Justice Department to develop
Memoranda of Understanding with the Department of Homeland
Security and other appropriate Federal agencies regarding
continued integration of fingerprint systems, automated booking
capabilities, detention bed space needs, and transportation of
prisoners.
The conference agreement modifies bill language proposed
by both the House and the Senate regarding legislative affairs
positions and workyears and associated funding levels.
JOINT AUTOMATED BOOKING SYSTEM
The conference agreement includes $19,176,000 for the
continued operation of the Joint Automated Booking System
(JABS), instead of $15,577,000 as proposed by the House and
$23,176,000 as proposed by the Senate. The conference
agreementadopts by reference Senate language regarding an increase of
$3,200,000 for the deployment of JABS to the Bureau of Alcohol,
Tobacco, Firearms and Explosives. The conferees direct the Justice
Department to submit a proposal with the fiscal year 2005 budget to
fund JABS out of the Assets Forfeiture Fund, if appropriate. The
conferees adopt by reference House language regarding collaboration
with other Federal law enforcement entities outside the Justice
Department, and Senate language regarding a cost sharing fee proposal.
INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM
The conference agreement includes $5,100,000 for the
planning, development, and deployment of an integrated
fingerprint identification system. The House provided funding
for these activities under the Identification Systems
Integration account; the Senate did not fund this activity. The
conferees adopt by reference House language regarding continued
collaboration on integrating fingerprint systems. The
Department is directed to consult with the Committees on
Appropriations regarding the status of this program.
LEGAL ACTIVITIES OFFICE AUTOMATION
The conferees recommend $27,034,000 for Legal Activities
Office Automation instead of $30,136,000 as proposed by the
House and $66,240,000 as proposed by the Senate. The conference
agreement adopts by reference House language regarding the
Bureau of Prisons and the Office of Justice Programs, and
Senate language regarding the U.S. Parole Commission. The
conferees are willing to entertain a reprogramming from
available balances should additional funds be necessary for
continued deployment of this system. The conference agreement
adopts by reference House language regarding costs and
implementation milestones to complete convergence of these
additional components onto the LAOA system. This report should
include an expected final implementation date, and estimates
for ongoing operations and maintenance costs for all components
of the system.
NARROWBAND COMMUNICATIONS
The conference agreement includes $103,171,000 for
Narrowband Communications as proposed by the House and the
Senate. The conferees recognize that the Justice Wireless
Management Office (WMO) has developed a plan to deploy
interoperable radios to high priority locations as part of its
overall plan to upgrade Federal law enforcement radio
communications for the nation. The WMO may use available
funding to augment state and local law enforcement
interoperable radio communication systems as long as that
equipment is necessary for the achievement of the overall WMO
Federal radio interoperability plan. The conferees direct the
WMO to consult with the Committees on Appropriations regarding
this effort prior to obligating any funds. The conferees adopt
by reference House language regarding funding that will be
available to the Justice Department and direction to revise
program requirements. The conferees also adopt by reference
House language regarding submission of status reports as
directed in Public Law 106-553, to include an operational plan
for expenditure of funds. The conferees also direct the WMO to
submit reports to the Committees on Appropriations regarding
the ongoing pilots, deployment to high priority locations, and
collaboration with other non-Justice Federal law enforcement
agencies.
The conferees adopt by reference House language regarding
emphasis on interoperable radios, and Project Safecom. The
conferees do not include Senate language regarding a spending
plan.
The conferees include House bill language regarding
transfer of radio funds from Justice law enforcement accounts
to this account.
COUNTERTERRORISM FUND
The conference agreement includes $1,000,000 for the
Counterterrorism Fund as proposed by the House. The Senate did
not fund this program. When combined with $20,000,000 in
unobligated balances available in this account, a total of
$21,000,000 will be available for obligation for fiscal year
2004 to cover unanticipated, extraordinary expenses as a result
of a terrorist threat or incident.
ADMINISTRATIVE REVIEW AND APPEALS
The conference agreement includes $193,530,000 for
Administrative Review and Appeals as proposed by the House
instead of $194,111,000 as proposed by the Senate. The
conferees adopt by reference Senate report language regarding
submission of a report on the impacts of the Bureau of
Immigration Appeals streamlining initiative on the Civil
Division.
DETENTION TRUSTEE
The conference agreement includes $814,097,000 for the
Detention Trustee instead of $810,125,000 as proposed by the
House and instead of $849,876,000 as proposed by the Senate.
The conferees adopt by reference House language regarding
creation of a task force to better forecast detention needs;
development of a Memorandum of Understanding with the
Department of Homeland Security for their detention needs; and
Senate language prioritizing extraditions. The conference
agreement does not include Senate language regarding transfer
of U.S. Marshals Service or Bureau of Prisons staff, or the
Justice Prisoner and Alien Transportation System to the
Detention Trustee. The conference agreement adopts by reference
House and Senate language admonishing the Detention Trustee
forattempting to address detention needs by contracting to construct a
facility. The conferees underscore that any constructing, planning,
supporting or contracting of new detention facilities is not an
allowable use of funds provided under this account and directs the
Detention Trustee to withdraw any solicitations for such activities.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $60,840,000 for the
Office of Inspector General as proposed by the Senate instead
of $56,245,000 as proposed by the House. The conferees adopt by
reference House language regarding Department of Justice
efforts to implement recommendations from the report on
September 11th detainees.
United States Parole Commission
SALARIES AND EXPENSES
The conference agreement includes $10,609,000 for the
United States Parole Commission as proposed by the House
instead of $10,718,000 as proposed by the Senate. The conferees
adopt by reference House language regarding a study required
under Public Law 107-273. The conferees adopt by reference
Senate language regarding a report on the number of personnel
detailed from the Department of Justice to the Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The conference agreement includes $620,533,000 for
General Legal Activities as proposed by the House instead of
$632,637,000 as proposed by the Senate. The distribution of
funding provided is as follows:
General legal activities
[In thousands of dollars]
2004 appropriation
Office of the Solicitor General......................... $7,973
Tax Division............................................ 77,141
Criminal Division....................................... 133,636
Civil Division.......................................... 199,665
Environment and Natural Resources Division.............. 76,556
Office of Legal Counsel................................. 5,679
Civil Rights Division................................... 110,000
Interpol USNCB.......................................... 9,524
Office of Dispute Resolution............................ 359
--------------------------------------------------------
____________________________________________________
Total............................................. $620,533
The conferees remind the legal divisions that changes to
these funding levels are subject to section 605 requirements in
this Act.
The conferees adopt by reference House language regarding
submission of a report to the Committees on Appropriations
regarding efforts of the Criminal Division to prosecute
corporate corruption. The conferees note that the Congress
provided the U.S. Attorneys with an increase of $13,000,000 in
the fiscal year 2003 appropriations act to aggressively
prosecute corporate corruption. If additional funding is needed
for these activities, the Committees on Appropriations will
consider a reprogramming.
The conferees adopt by reference House funding levels for
the Civil Division, including an increase of $2,671,000 for
needs associated with immigration-related litigation. The
conferees adopt by reference Senate language regarding
cooperation between the Bureau of Immigration Appeals (BIA) and
the Civil Division.
The conferees note that the Congress provided the Civil
Division with $15,000,000 in Public Law 108-106 for needs
associated with processing claims filed with the Special
Master. The conferees adopt by reference House language
regarding the September 11th Victims Compensation Fund. The
conferees adopt by reference the $1,000,000 increase proposed
by the House and the Senate and House language regarding
absorption of additional requirements for processing RECA
claims. The conference agreement adopts by reference House
language regarding the provision of additional resources to the
Civil Division, if emergent circumstances warrant, through
transfers of funds from other Department of Justice sources,
subject to the requirements of section 605 of this Act. The
conferees expect the Justice Department to submit a
reprogramming for costs associated with continuing tobacco and
other litigation activities, should funding be warranted. The
conference agreement also includes a transfer of $3,060,000
from the Working Capital Fund to the Environment and Natural
Resources Division for Tribal Trust Fund litigation.
The conferees adopt by reference House language regarding
efforts to combat trafficking in persons and enhanced
coordination with State and local law enforcement. The
conference agreement adopts by reference House funding levels
for Interpol and House language regarding submission of a
report on Interpol accomplishments and coordination with State,
local, and Federal law enforcement.
THE NATIONAL CHILDHOOD VACCINE INJURY ACT
The conference agreement includes a reimbursement of
$4,028,000 for fiscal year 2004 from the Vaccine Injury
Compensation Trust Fund to the Department of Justice, as
proposed by the House and the Senate.
SALARIES AND EXPENSES, ANTITRUST DIVISION
The conference agreement includes $133,133,000 for the
Antitrust Division, instead of $128,133,000 as provided by the
House and $141,898,000 as provided by the Senate.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The conference agreement includes $1,526,253,000 for the
U.S. Attorneys as proposed by the House instead of
$1,507,879,000 as proposed by the Senate. The conferees adopt
by reference House language regarding cybercrime and
intellectual property enforcement, and submission of a report
regarding the number, type, and location of copyright
prosecutions undertaken in the preceding year. The conferees
adopt by reference House language regarding consolidation of
the U.S. Attorneys Task Forces with the Joint Terrorism Task
Forces.
Of the amounts made available to the U.S. Attorneys,
$6,898,000 shall be available for Project Seahawk instead of
$10,000,000 as proposed by the Senate to address criminal
activity that may compromise or impede the movement of
intermodal traffic within the U.S. Project Seahawk shall
continue to be coordinated under the U.S. Attorneys and include
Federal, State, and local law enforcement. The House did not
fund this activity. In addition to the amounts available in
this account, an additional $15,000,000 is provided elsewhere
in this title. The conferees do not adopt Senate language
regarding expansion of this initiative.
The conferees adopt by reference Senate language
including $1,500,000 for Operation Streetsweeper and
$19,023,000 for legal education and distance learning at the
National Advocacy Center. The conferees do not adopt Senate
language regarding submission of a report on rates of
prosecution, but instead direct the Justice Department to brief
the Committees on Appropriations on this issue.
The conferees adopt by reference House and Senate
language regarding cybercrime and intellectual property
enforcement.
UNITED STATES TRUSTEE SYSTEM FUND
The conference agreement includes $166,157,000 as
provided by the House instead of $170,168,000 as provided by
the Senate. In addition, the Trustees may use unobligated
balances from prior year appropriations to fund additional base
and information technology costs, if necessary. The conferees
support the requested information technology enhancement and
expect the Trustees to fund the request to the maximum extent
feasible. The conference agreement includes $1,000,000 for the
Bankruptcy Training Center at the National Advocacy Center in
support of the Trustees' continuing education program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The conference agreement includes $1,206,000 for the
Foreign Claims Settlement Commission instead of $1,205,000 as
proposed by the House and $1,207,000 as proposed by the Senate.
The conferees adopt by reference House language regarding a
report on the number of claims adjudicated on behalf of U.S.
nationals against foreign governments.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
The conference agreement includes $719,777,000 for the
U.S. Marshals Service (USMS), instead of $678,672,000 as
provided by the House and $602,274,000 as provided by the
Senate. The conference agreement includes funding for the
Witness Security program as provided by the House. The
conference agreement provides funding for the D.C. Superior
Court and fugitive apprehension task forces under this heading
as proposed by the Senate instead of under the Office of
Justice Programs as proposed by the House. The conference
agreement does not transfer funding for the Justice Prisoner
and Alien Transportation System to the Office of Detention
Trustee or transfer the seized assets management
responsibilities to the Justice Management Division as proposed
by the Senate but directs the Department of Justice to submit a
report on the potential impact of such transfers to the
Committees on Appropriations not later than March 15, 2004. The
conference agreement provides funding for USMS construction
under a separate heading, as proposed by the Senate. The
conference agreement includes the base reductions and
crosscutting efficiencies included in the budget request and
the House report and the funding level provided in the House
report for hand/leg cuffs and vehicles.
Courthouse Security Equipment.--The conference agreement
includes $13,394,000 for courthouse security equipment to be
allocated to the USMS's highest priority needs. The USMS is
directed to report to the Committees on Appropriations within
30 days of enactment of this Act on the allocation of this
funding. The conferees expect future budget requests to provide
anappropriate level of funding to address the courthouse
security equipment needs of the USMS.
Fugitive Apprehensions.--The conference agreement
includes $11,476,000 for all costs related to the regional task
forces located in New York City, Los Angeles, Chicago, and
Atlanta. Of that amount, $2,000,000 shall be for a new regional
task force in the District of Columbia metropolitan area and
$300,000 shall be for a task force in Billings, Montana.
These regional fugitive task forces [RFTFs] are full time
initiatives, not ad hoc activities and shall answer only to
headquarters, not the districts, as is already the case with
the New York City and Los Angeles task forces. The USMS is
directed to report to the Committees on Appropriations not
later than April 30, 2004, on the accomplishments recorded by
the RFTFs and to make recommendations based on workload
projections on whether and where additional RFTFs should be
created.
The conferees are concerned with the apparent duplication
of fugitive apprehension capabilities among Federal law
enforcement agencies. The conferees direct that the Department
of Justice submit a comprehensive report to the Committees on
Appropriations within 45 days of enactment of this Act
describing all Department of Justice fugitive apprehension
activities and identifying opportunities to consolidate these
activities under the one agency that is best trained and
equipped for fugitive apprehension. The conferees hope to
improve the Department's fugitive apprehension capabilities and
more efficiently utilize Federal law enforcement resources.
In addition, the conference agreement includes $8,451,000
for all costs related to the electronic surveillance unit.
International fugitives.--The conference agreement
includes $3,016,000 for all costs related to the USMS
international offices in Jamaica, the Dominican Republic, and
Mexico.
Special Operations Group.--The conference agreement
includes $1,473,000 for training and equipment for the Special
Operations Group. The USMS shall submit a spending plan for
such funds to the Committees on Appropriations not later than
January 15, 2004.
Protection of the Judicial Process.--The conference
agreement includes $10,738,000 for 100 new positions to address
shortfalls in the protection of the judicial process. These
positions are to be allocated to those districts with the
highest priority needs.
CONSTRUCTION
The conference agreement includes $14,066,000 for this
account instead of no funding as proposed by the House and
$25,964,000 as proposed by the Senate. These funds shall be
allocated to the USMS's highest priority construction needs.
The USMS is directed to report to the Committees on
Appropriations within 30 days of enactment of this Act on the
allocation of funding for this program. The conferees expect
future budget requests to provide an appropriate level of
funding to address the construction needs of the USMS.
FEES AND EXPENSES OF WITNESSES
The conference agreement includes $156,145,000 for Fees
and Expenses of Witnesses as proposed by the House and the
Senate. The conference agreement includes new bill language
regarding additional funding for protected witness safesites.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
The conference agreement includes $9,526,000 for the
Community Relations Service as proposed by both the House and
the Senate. The conference agreement adopts by reference House
and Senate language providing that the Attorney General may
transfer, subject to section 605 reprogramming requirements, up
to $1,000,000 to this program from balances available to the
Department of Justice upon a determination that emergent
circumstances warrant additional funding.
ASSETS FORFEITURE FUND
The conference agreement includes $21,759,000 for the
Assets Forfeiture Fund as proposed by the House instead of
$22,949,000 proposed by the Senate.
FEDERAL BUREAU OF INVESTIGATION
The conference agreement includes a total of
$4,639,569,000 for the Federal Bureau of Investigation (FBI) as
proposed by the House instead of $3,930,780,000 as proposed by
the Senate. Of this amount, not less than $490,104,000 as
proposed by both the House and the Senate shall be used for
counterterrorism investigations, foreign counterintelligence,
and other activities related to national security.
Strategic Growth.--Since the terrorist attacks on
September 11th, 2001, the FBI has shifted its main focus from
investigating crimes to preventing acts of terrorism. Inherent
in this transformation is a greater emphasis on collection,
management, and analysis of data and intelligence, and greater
collaboration across all levels of law enforcement. The urgency
to prevent acts of terrorism has required the infusion of
substantial resources, with the FBI growing by over 50 percent
in just three years. The conferees believe the FBI should
thoughtfully absorb this massive infusion of personnel and
capital through strategic long-term decisions, and therefore
direct the FBI to submit a five year plan to the Committees on
Appropriations not later than March 15, 2004, detailing the
FBI's plan to succeed at its terrorism prevention and law
enforcement responsibilities, including proposed agent and
support personnel levels for each division. This review should
also include long term capital improvement and infrastructure
plans, training needs, and a review of current and future
information technology programs to ensure that the FBI can
better leverage technology.
SALARIES AND EXPENSES
The conference agreement includes $4,566,798,000 for the
Federal Bureau of Investigation salaries and expenses account
instead of $4,576,730,000 as proposed by the House and
$3,885,989,000 as proposed by the Senate. The conferees adopt
by reference House language on resource allocations within the
FBI and bi-annual submission of the Time Utilization and Record
Keeping report. The conferees adopt by reference House language
regarding reprogramming requirements in section 605 of this
Act.
FBI SALARIES AND EXPENSES
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Activity POS FTE Amount
----------------------------------------------------------------------------------------------------------------
Criminal, Security and Other Investigations:
Organized Crime Enterprises............................... 3,145 2,995 $440,750
White Collar Crime.................................... 4,204 4,066 545,495
Other Field Programs.................................. 13,451 12,462 1,916,533
-----------------------------------------------------
Subtotal, Criminal, Security and Other 20,800 19,523 2,902,778
Investigations.....................................
=====================================================
Law Enforcement Support:
Training and Recruitment.............................. 942 917 153,724
Forensic Services..................................... 749 725 179,623
Information Technology................................ 396 383 252,578
Technical Field Support and Services.................. 772 727 483,074
Criminal Justice Services............................. 1,871 1,882 209,924
-----------------------------------------------------
Subtotal, Law Enforcement Support................... 4,730 4,634 1,278,923
=====================================================
Program Direction and Administration...................... 2,700 2,604 385,097
=====================================================
Total, Direct Appropriations........................ 28,230 26,761 4,566,798
----------------------------------------------------------------------------------------------------------------
The conferees remind the FBI that any changes to this
distribution are subject to the reprogramming requirements in
section 605 of this Act.
Counterterrorism and Counterintelligence.--The conference
agreement includes increases of $212,269,000, 1,665 positions
and 831 workyears to enhance ongoing counterterrorism and
counterintelligence activities. Of this amount, the conferees
adopt by reference House and Senate increases of $6,548,000 for
joint terrorism task forces; $14,603,000, 214 positions and 107
workyears for counterterrorism analytical support, and
$28,046,000, 248 positions and 124 workyears for
counterterrorism field investigations; and $29,985,000, 47
positions and 24 workyears for STAU operations. In addition,
the conferees adopt by reference House funding increases of
$31,391,000 for counterterrorism program management; $4,600,000
for communications applications; $33,087,000 for expansions in
the Legal Attache program; and House increases for
counterintelligence and computer intrusion programs. The
Committees on Appropriations are concerned that additional
resources and staff provided for the Legal Attache program are
not being implemented as expeditiously as possible, and direct
the FBI to consult with the Committees on Appropriations
regarding this program. The conferees adopt by reference House
and Senate language regarding a right-sizing review of the
Legats. The conferees also provide language regarding increases
in representational allowances.
Cyber Capabilities.--The conferees adopt by reference
House language regarding a review by the Executive Assistant
Director for Administration of information technology products
and activities of the cyber division.
Hazardous Devices School.--The conferees are aware of the
concerns of the FBI regarding the transfer of the Hazardous
Devices School to the Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF). The conferees point out that the vast
majority of explosions (more than 95 percent) occurring in the
United States are not related to terrorism and are usually
investigated and prosecuted at the State and local level.
However, the conferees are willing to accept a proposal from
the Department of Justice to merge and rationalize overlap for
explosives training between the ATF, the FBI, and other law
enforcement entities in the Justice Department. Toward that
end, the conferees direct the Justice Department to submit, as
part of its fiscal year 2005 budget submission, a proposal to
better blend and eliminate duplication of explosives training
and other law enforcement programs at the Department of
Justice.
Organized Crime Enterprises.--The conference agreement
includes increases of $33,943,000 for criminal investigations
and white collar crime investigations. Of this, the conferees
adopt by reference House and Senate increases of $14,603,000,
214 positions and 107 workyears for criminal investigative
analytical support, and increases of $10,000,000 for corporate
fraud investigations and $10,000,000 for other priority
criminal investigations asrecommended by the House. The
conferees adopt by reference House language regarding investigations
that cross jurisdictions and House language regarding submission of a
report on corporate corruption.
Training.--The conferees adopt by reference House and
Senate increases of $14,027,000 for counterterrorism training,
and the House increase of $5,000,000 for intelligence analysis
training. The conferees adopt by reference House language
regarding the College of Analytical Studies at Quantico, as
well as the continuing education program for senior FBI agents
and support staff and consultation with the Navy, as
appropriate, regarding their advanced training programs. The
conferees adopt by reference House language regarding concern
about the language program. The FBI shall provide quarterly
briefings to the Committees on Appropriations regarding the
language program beginning March 2004. The conference agreement
also includes an increase of $2,692,000 included by the House
for nuclear DNA services, and increases of $1,000,000 for
protocol training and $591,000 for the foreign convicted
offender program as proposed by the Senate. The conferees adopt
by reference House language regarding lapses in the FBI
Laboratory DNA Analysis program, and direct the FBI to ensure
that additional training and safeguards are implemented to
ensure that analysis performed at the new lab is
unquestionable.
Field Support for Information Management and Lead
Management.--The conferees adopt by reference House increases
of $4,977,000, 100 positions and 50 workyears for field
clerical support, to be distributed to the highest priority
locations.
FBI Reorganization.--The conference agreement adopts by
reference House language regarding the FBI reorganization. The
conferees adopt by reference House language regarding
standardization and rationalization of FBI training programs.
The conferees also adopt by reference House and Senate
language regarding a review of response capabilities.
Aviation assets.--The conferees are aware that the FBI
aviation program has sought additional air assets. The
conferees remind the FBI that it has previously been directed
to provide a comprehensive needs assessment of the aviation
program. The Committees on Appropriations will entertain
funding increases for these programs in the context of a
regular budget submission and priorities established by the
Director, and pending an analysis of the existing aviation
program.
The conferees adopt by reference House language regarding
submission of an assessment of mobile command centers and the
VITAL program.
Information Technology.--The Congress has provided the
FBI with nearly $595,000,000 for Trilogy, some $216,000,000
more than the original cost estimate, to both speed
implementation and enhance the overall capabilities of the
program. The Committees on Appropriations are concerned that
the basic software needed to operate the Virtual Case File is
not ready to be deployed, causing another slip in schedule. The
conferees stress the importance of deploying this program as
expeditiously as possible, and direct the Trilogy Program
Manager and Department of Justice CIO to continue to provide
regular briefings on Trilogy in addition to providing the
quarterly written reports. The conference agreement adopts by
reference House and Senate funding increases of $92,736,000 for
refreshment needs, operations and maintenance. The conferees
also adopt by reference House language regarding submission of
a review of the FBI's databases, with the goal of removing
applications that have outlived their usefulness. The conferees
adopt by reference House language regarding submission of a
comprehensive information technology report, to include a
complete list of all information technology projects; the stage
of each project's development and deployment; base funding for
each project, to include all sources of funding; and the
outyear cost projections for each project, including recurring
requirements for operations and maintenance. The conferees also
adopt by reference House language regarding submission of a
report on Operation Gateway.
Technical Field Support.--The conference agreement adopts
by reference House and Senate funding increases of $9,542,000
for physical surveillance programs; $18,040,000 for computer
assisted teams and the regional computer forensic labs;
$14,984,000 for the crisis response unit; and $2,000,000 for
the defensive programs unit. In addition, the conference
agreement includes the following increases to properly recur
funding for critical programs as proposed by the Senate:
$2,680,000 for computer intrusion activities; $6,266,000 for
aviation support; $10,000,000 for training; and $2,500,000 for
mitochrondrial DNA programs.
Criminal Justice Information System (CJIS).--The
conference agreement includes $357,000,000, including fee
collections, for CJIS, and adopts Senate language prohibiting
the diversion of the CJIS user fee for any purpose other than
CJIS, its refreshment plan, or a subsequent modernization plan
for the current facility.
Security Programs.--The conferees adopt by reference
House and Senate funding levels of $5,050,000 for background
investigations; $1,405,000 for the National Security Law Unit;
and $6,419,000 to expand polygraph tests; and House funding
levels of $6,888,000 for technical and physical security and
$15,821,000 for police force and guard services. The conferees
also include $10,000,000 for records management activities.
Trafficking.--The conferees adopt by reference House
language regarding efforts to combat human trafficking.
FBI Tour.--The conferees adopt by reference House
language regarding the FBI tour.
In addition to the amounts provided in this act, the
conference agreement also approves of the following increases
from funding provided to the FBI in Public Law 108-11:
FY 2003 Emergency Wartime Supplemental Appropriations Act, P.L. 108-11
Activity Conf
Terrorist Screening Center.............................. 5,000
Rapid Deployment........................................ 850
HRT/SWAT/WMD response capabilities...................... 6,127
Response Capabilities................................... 32,717
CT Program Mgmt......................................... 14,192
CT Field Investigations................................. 56,505
NSLU.................................................... 5,035
Operational Field Expenses.............................. 18,999
Language Translation.................................... 40,000
Surveillance Support.................................... 13,774
IT/Sharing/LEO/TSSCI LAN................................ 45,000
Communications Analysis/Doc Ex.......................... 20,293
Lab wiring.............................................. 7,700
Tactical Operations and Collections..................... 5,000
Terrorist financing..................................... 5,000
Cybercrime.............................................. 5,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 281,192
TTIC.................................................... 86,000
--------------------------------------------------------
____________________________________________________
Total............................................. 367,192
Foreign Terrorist Tracking Task Force/Terrorist Threat Integration
Center
The conferees adopt House language providing $61,597,000
for the Foreign Terrorist Tracking Task Force (FTTTF). The
conferees adopt by reference House language regarding the need
to better coordinate information technology activities of the
FTTTF with similar activities elsewhere in Justice, and House
language regarding FTTTF technology initiatives and other
activities. The conferees do not include Senate language
shifting this activity outside of the Justice Department.
Terrorist Threat Integration Center.--The conference
agreement includes new bill language formalizing the
coordination between the FBI and the Terrorist Threat
Integration Center (TTIC). The conferees adopt by reference
House language regarding efforts to integrate intelligence
analysis capabilities at the TTIC and the specifics of the
relocation of the FBI's Counterterrorism Division to the joint
facility.
CONSTRUCTION
The conference agreement includes $11,174,000 for FBI
construction, instead of $1,242,000 as proposed by the House
and $44,791,000 as proposed by the Senate. Of this amount, the
conferees adopt by reference Senate funding levels for the
Engineering Research Facility. This activity was not addressed
by the House.
Drug Enforcement Administration
The conference agreement includes a total of
$2,157,792,000 for the Drug Enforcement Administration (DEA) as
proposed by the House instead of $1,512,281,000 as proposed by
the Senate. The conferees adopt by reference the transfer of
the Interagency Crime and Drug Enforcement program as proposed
by the House.
SALARIES AND EXPENSES
The conference agreement includes $1,601,327,000 for the
DEA salaries and expenses account as proposed by the House
instead of $1,512,281,000 as proposed by the Senate. The
conferees adopt by reference House language regarding prior
year recoveries, and direct the DEA to submit a reprogramming
request within 45 days of enactment of this act to accommodate
lab enhancements, information technology investments, and other
one-time funding needs.
DEA SALARIES AND EXPENSES
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
Activity POS FTE Amount
----------------------------------------------------------------------------------------------------------------
Enforcement:
Domestic Enforcement........................................ 2,728 2,561 $546,165
Foreign Cooperative Investigations.......................... 653 621 208,199
Drug and Chemical Conversions............................... 190 177 23,507
State and Local Task Forces................................. 1,619 1,527 240,808
-----------------------------------------------
Subtotal, Enforcement..................................... 5,190 4,886 1,018,679
===============================================
Investigative Support:
Intelligence................................................ 976 983 129,294
Laboratory Services......................................... 466 456 72,856
Training.................................................... 99 98 24,903
Research, Engineering, and Technical Operations............. 596 591 122,266
Information Technology...................................... 126 122 138,976
-----------------------------------------------
Subtotal, Investigative Support........................... 2,263 2,250 488,295
===============================================
Management and Administration............................... 905 882 94,353
===============================================
Total, Direct Appropriations.............................. 8,358 8,018 1,601,327
Division Control Fee Account.................................... 793 789 118,561
-----------------------------------------------
Total, Budget Authority................................... 9,151 8,807 1,719,888
----------------------------------------------------------------------------------------------------------------
The DEA is reminded that any changes to this distribution
are subject to the reprogramming requirements in section 605 of
this Act.
Additional Drug Enforcement Agents.--The conference
agreement adopts by reference House funding levels of
$46,274,000 above the request to support additional agents and
support staff. The conference agreement adopts by reference
House funding levels for the Mobile Enforcement Teams, Senate
funding levels for the Regional Enforcement Teams and the
Demand Reduction Program, and directs the DEA to consolidate
Demand Reduction activities and the IDEA program into one
coordinated demand reduction program. The conferees adopt by
reference House language on cooperative agreements with State
and local law enforcement. The conference agreement adopts by
reference Senate language regarding a report on Mexican
training programs and Senate language regarding funding for
international training. The conferees direct the DEA to submit
a report to the Committees on Appropriations regarding
international training programs and interdiction efforts. This
report should be developed in consultation with the Department
of Defense, the State Department and other Federal agencies.
The conferees adopt by reference House language regarding
submission of a report on source and transit countries.
OxyContin.--The conferees adopt by reference House
language regarding legal drugs that are diverted for illegal
use, particularly the prescription drug OxyContin. The
conferees adopt by reference House language regarding
development of a prescription drug monitoring program, and
continued coordination with the Office of Justice Programs.
Methamphetamines.--The conferees adopt by reference House
language regarding methamphetamines, and continued support of
State, local, and Federal law enforcement programs.
Ecstasy.--The conferees adopt by reference House language
regarding the illegal importation of ecstasy and other ``club
drugs.''
DEA Training.--The conferees direct the DEA and the FBI
to explore continued integration of analytical training
programs given the nexus between drugs and terrorism.
Operation Containment.--The conferees amend House
language regarding regular briefings for Operation Containment,
and direct the DEA to provide quarterly updates to the
Committees on Appropriations, with written reports to be
submitted yearly with the first such report to be submitted May
1, 2004.
Drug Diversion Control Fee Account.--The conference
agreement includes $118,561,000 for the DEA's Drug Diversion
Control Program as proposed by the House instead of $91,499,000
as proposed by the Senate. The conferees adopt by reference
House language regarding an increase of $6,882,000 to enhance
the Internet Online Investigations Project, and development and
deployment of a system to enable on-line transfers of
prescriptions from doctors to pharmacies.
Additional Drug Investigative Positions.--The conferees
adopt by reference House language regarding use of expected fee
increases to support additional staff to address the diversion
of controlled substances, particularly OxyContin. The conferees
adopt by reference House language regarding deployment of
additional positions to the highest priority locations.
The conference agreement includes Senate bill language
regarding demand reduction activities.
INTERAGENCY DRUG ENFORCEMENT
The conference agreement adopts by reference House
language consolidating under the DEA drug enforcement
activities previously included under the Interagency Crime and
Drug Enforcement account. The conferees include funding as
proposed by the House for the continued participation of the
Departments of Homeland Security and Treasury. The Senate did
not propose funding for these non-Justice agencies. The
conferees support law enforcement efforts to fight illegal drug
activity, and therefore have provided funding for each agency
involved in these task forces. However, the conferees do not
expect to provide funding for non-Justice agencies in
subsequent years.
The conference agreement includes $556,465,000 for the
Interagency Drug Enforcement account as proposed by the House
instead of $415,010,000 as proposed by the Senate.
REIMBURSEMENT BY AGENCY
[Dollars in thousands]
----------------------------------------------------------------------------------------------------------------
POS FTE Amount
----------------------------------------------------------------------------------------------------------------
Law Enforcement:
DEA...................................................... 1,304 1,228 $168,539
FBI...................................................... 806 780 114,700
INS...................................................... 117 117 16,674
USMS..................................................... 13 13 2,148
ATFE..................................................... 54 54 11,483
IRS...................................................... 494 476 73,301
Customs.................................................. 270 270 31,154
Coast Guard.............................................. .............. .............. 625
Drug Intelligence:
DEA...................................................... 50 38 6,392
FBI...................................................... 184 159 21,521
Prosecution:
U.S. Attorneys........................................... 965 886 100,699
Criminal Division........................................ 18 18 2,717
Tax Division............................................. 10 8 995
Administrative Office.................................... 14 14 5,517
--------------------------------------------------
Total.................................................. 4,299 4,061 556,465
----------------------------------------------------------------------------------------------------------------
Drug Intelligence Fusion Center.--The conferees direct
the DEA to transfer to this account existing balances
previously provided to the DEA to develop the Drug Intelligence
Fusion Center. The conferees expect that this multi-agency drug
intelligence capability will be developed and managed within
this account. The conference agreement adopts by reference
House language regarding participating agencies, protocols for
sharing information, and expected ongoing operations and
maintenance funding costs. This report should include a
justification of all information technology programs taking
place at the Special Operations Division as well as
recommendations for utilizing information platforms, such as
the FBI's Operation Gateway. The conferees also adopt by
reference House language regarding rationalization of drug
intelligence collection and analysis entities. The conferees
adopt by reference House language directing that the Department
of Justice and FBI Chief Information Officers review this
program to ensure maximum collaboration and exploitation of
information.
Targeting Command and Control.--The conferees adopt by
reference House language regarding efforts to refocus this
program on the highest level national and international drug
trafficking organizations. The recommendation includes an
increase of $23,127,000, 151 positions and 76 FTE to expand
investigations of these major command and control targets. In
addition, $3,461,000 is provided to the U.S. Attorneys to
ensure successful prosecution of targets.
The conference agreement adopts by reference House
language regarding continued FBI involvement in drug
investigations, and includes an increase of $8,000,000, 53
positions and 27 workyears above the request to maintain the
FBI's participation. The conferees expect that these additional
resources will enable the Federal government to aggressively
pursue links between terrorists and drug organizations.
Financial Investigations.--The conferees adopt by
reference House increases of $5,631,000, 37 positions and 19
FTE for money laundering activities, particularly offshore
accounts that can be difficult to track, and House funding
increases of $2,805,000 for U.S. Attorneys' participation.
Drug Intelligence.--The conferees adopt by reference
House language regarding additional analytical support needed
to ensure that information collected as part of multi-agency
drug investigations is thoroughly referenced against other
criminal databases and other ongoing investigations,
particularly with regard to terrorist organizations, and adopts
by reference House funding increases of $3,764,000 for the DEA
and $7,528,000 for the FBI to increase analytical capacity. The
conferees direct the DEA to consult with the Committees on
Appropriations prior to distributing these resources, and
expects that these resources will support efforts of the
Special Operations Division and the Drug Intelligence Fusion
Center.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The conference agreement includes $836,087,000 for the
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF),
instead of $831,199,000 as proposed by the House, and
$829,593,000 as proposed by the Senate.
The conference agreement adopts, by reference, the House
language regarding the mission of the Bureau of Alcohol,
Tobacco, Firearms and Explosives, the Gang Resistance Education
and Training program under this heading, the Safe Explosives
Act, and the Youth Crime Gun Interdiction Initiative.
The conference agreement includes $10,000,000 to
implement the Safe Explosives Act and $4,000,000 to upgrade
databases and systems, space alterations, and other costs
related to creating the National Explosives Licensing Center
[NELC] at the Bureau of Alcohol, Tobacco, Firearms and
Explosives National Tracing Center.
The conference agreement adopts, by reference, language
proposed by the Senate regarding the Safe Explosives Act, the
National Explosives Licensing Center, and Overseas Offices.
Federal Prison System
SALARIES AND EXPENSES
The conference agreement includes $4,461,257,000 for the
salaries and expenses of the Federal Prison System as proposed
by the House, instead of $3,872,791,000as proposed by the
Senate. The conferees understand that this level of funding will be
adequate to open the following prisons on time and continue operations
at existing prisons, but direct the Justice Department to submit a
reprogramming should additional resources be necessary. The conferees
also note that base funding of $41,000,000 shall be provided for FCI
Beckley, West Virginia and $41,600,000 shall be provided for FCI
Glenville, West Virginia. The conferees include activation funding as
follows:
Activations
Victorville, CA USP..................................... $35,562,000
Hazelton, WV USP........................................ 40,587,000
Forrest City, AR facility............................... 33,807,000
Herlong/Sierra, CA medium camp.......................... 36,092,000
Williamsburg, SC FCI.................................... 33,123,000
Canaan, PA USP.......................................... 35,552,000
Terre Haute, IN USP..................................... 8,439,000
Bennettsville, SC FCI................................... 10,532,000
Yazoo, MS FCI........................................... 23,331,000
--------------------------------------------------------
____________________________________________________
$257,025,000
Contract Confinement.--The conferees adopt by reference
House language regarding an increase of $12,900,000 for
contracts to accommodate the increasing prison population. The
conferees adopt by reference House and Senate language
regarding use of excess State and private prison capacity to
meet bedspace needs, if these facilities meet Bureau of Prison
(BOP) standards. The conferees adopt by reference the House
increase of $3,000,000 to support BOP's transitional drug
treatment program and submission of a report about BOP drug
treatment programs, and House language regarding use of visible
eye-safe lasers for marksmanship training.
With funds provided in earlier appropriations acts, the
National Institute of Corrections has provided training and
technical support to correctional systems throughout the
country to eliminate staff sexual misconduct with inmates, in
providing training in investigating cases, and in training
``trainers'' in order that employees at every level will be
better able to handle these cases. The conferees direct BOP to
report to the Committees on Appropriations by March 31, 2004 on
progress made in this area.
The conferees understand the Center for Disease Control
and Prevention has recently recommended testing all prisoners
with a history of injection drug use or other risk factors for
the Hepatitis B and C viruses and that those showing signs of
liver disease be assessed by hepatitis specialist to determine
treatment. These recommendations reflect a concern that high
rates of infection in the prison population lead to public
health impacts as these prisoners are released back into the
general population. The conferees request that the BPP report
to the Committees on Appropriations within six months regarding
progress in implementing its planned screening program,
including the number of inmates screened and the treatment
adopted.
The conference agreement does not include bill language
proposed by the Senate designating specific amounts for
decision units.
BUILDINGS AND FACILITIES
The conference agreement includes funding of $397,700,000
for construction, modernization, maintenance and repair of
prison and detention facilities housing Federal prisoners
instead of $202,840,000 as proposed by the House and
$345,805,000 as proposed by the Senate. The conferees continue
to expect that all current construction projects will proceed
as planned.
New construction, modernization and repair
Berlin, New Hampshire, FCI medium....................... $154,500,000
Mid Atlantic, West Virginia............................. 40,300,000
Modernization and repair................................ 202,900,000
--------------------------------------------------------
____________________________________________________
$397,700,000
Federal Prison Industries, Incorporated
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES
INCORPORATED
The conference agreement adopts House and Senate language
regarding a limit on administrative expenses of $3,429,000 for
Federal Prison Industries, Incorporated. The conferees adopt by
reference House language regarding the Federal Prison
Industries, Inc., program.
Office of Justice Programs
The conference agreement provides $3,095,017,000 for
State and local law enforcement grants instead of
$3,491,261,000 as proposed by the House and $2,630,637,000 as
proposed by the Senate. The amount provided is $763,785,000
above the Administration's request.
The conferees adopt by reference the House report
language concerning the coordination of programs with other
Federal agencies and requiring the Department to submit a
report to the Committees on Appropriations by June 1, 2004,
describing its efforts to coordinate programs. The conference
agreement adopts by reference the House report language
regarding training for local law enforcement officials on the
penalties prescribed in the Federal law for trafficking in
persons and requiring the Department to submit a spending plan
for expanding this training.
JUSTICE ASSISTANCE
The conference agreement includes $190,125,000 for
Justice Assistance. The conferees do not adopt the
Administration's proposal to consolidate all Office of Justice
Programs (OJP) activities under this heading. The table below
displays the conference agreement compared to the request for
programs funded under this heading and compared to the amounts
provided in the House and Senate bills.
[$ in 000's]
----------------------------------------------------------------------------------------------------------------
Program Enacted Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
National Institute of Justice.................. 59,490 73,301 59,000 50,000 48,000
Bureau of Justice Statistics................... 32,125 35,085 33,731 25,000 32,125
Nat. White Collar Crime........................ 9,170 ........... 4,500 ........... 9,000
Regional Inf. Sharing Sys...................... 28,812 36,448 35,000 29,000 30,000
Management and Admin.*......................... 37,753 119,638 40,000 ........... 35,000
Missing Children Program....................... 32,633 30,669 36,900 32,500 36,000
----------------------------------------------------------------
Total.................................... 199,983 ........... 209,131 136,500 190,125
----------------------------------------------------------------------------------------------------------------
* Senate bill included M&A under a separate heading.
National Institute of Justice (NIJ).--The conference
agreement provides $48,000,000 for the National Institute of
Justice. The conference agreement provides $21,000,000 for the
National Law Enforcement and Corrections Technology Centers and
incorporates by reference the Senate language concerning the
distribution of funding. The agreement also includes
$17,000,000 for other Office of Science and Technology (OS&T)
activities. Within this amount, NIJ shall continue to fund the
Office of Law Enforcement Technology Commercialization, Inc.,
and the Center for Rural Law Enforcement Technology and
Training at the fiscal year 2003 level. The conferees support
NIJ's efforts to develop through-wall motion mapping.
The conference agreement includes $10,000,000 for
discretionary activities of which not less than $6,000,000
shall be for social science research and evaluation.
Missing Children.--The conference agreement includes
$36,000,000 for the Missing Children Program for the following
purposes:
MISSING CHILDREN PROGRAM
----------------------------------------------------------------------------------------------------------------
FY 03 FY 04 FY 04 FY 04 FY 04
Program ($000) enacted request House Senate conference
----------------------------------------------------------------------------------------------------------------
National Center for Missing and Exploited 12,419 12,419 14,000 17,000 15,000
Children......................................
Jimmy Ryce Law Enforcement Training Center..... 2,980 3,000 3,000 3,000 3,000
Internet Crimes Against Children Task Force.... 12,419 12,500 12,500 12,500 12,500
MEC Office..................................... 2,331 2,269 2,400 ........... 1,500
AMBER Alert Grants............................. 2,484 2,500 5,000 ........... 4,000
----------------------------------------------------------------
Total.................................... 32,633 32,688 36,900 32,500 36,000
----------------------------------------------------------------------------------------------------------------
OJP shall utilize the AMBER program funds in accordance
with the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003. Within the funding
provided, the National Center for Missing and Exploited
Children shall continue the successful CyberTipline program,
continue the Police Technology Project (LOCATER), and expand
the NetSmartz Workshop as described in the Senate report.
Regional Information Sharing System.--The conference
agreement provides $30,000,000 for the Regional Information
Sharing System (RISS). The conferees direct the Department to
ensure that inter-state information sharing systems funded by
OJP and COPS utilize the existing communications infrastructure
and are compatible with RISS and LEO.
Management and Administration.--The conference agreement
provides $35,000,000 for the management and administration of
the OJP. The Conferees are disappointed that several reports
requested in the fiscal year 2003 conference report have not
been submitted. The Conferees expect better communications to
be provided not only to Congress but to their grantees and
subgrantees. The Conferees believe that improved communication
is extremely important in improving service to State and local
law enforcement agencies.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
The conference agreement provides a total appropriation
of $1,297,684,000. The table below displays the funding
provided in the conference agreement compared to the level of
fundsrequested under the Justice Assistance heading for similar
activities and compared to the levels provided in the House and Senate
bills.
($'s in 000's)
----------------------------------------------------------------------------------------------------------------
FY 03 FY 04 FY 04
enacted request FY 04 House Senate FY 04 conf.
----------------------------------------------------------------------------------------------------------------
Local Law Enforcement Block Grant......... $397,400 ............ $400,000 $150,000 $225,000
(Boys and Girls Club)................. (79,480) ............ (80,000) (80,000) (80,000)
(USA Freedom Corps)................... (2,981) ............ (5,000) ............ (2,981)
(National Institute of Justice)....... (19,870) ............ (20,000) ............ (10,000)
State Criminal Alien Assistance........... 248,375 ............ 400,000 250,000 300,000
Cooperative Agreement Program............. 4,968 ............ 2,500 ............ 2,000
Indian Assistance......................... 17,883 4,436 13,000 18,000 15,000
(Tribal Prison Construction).......... (4,968) ............ ............ ............ (2,000)
(Indian Tribal Courts Program)........ (7,948) ............ (8,000) ............ (8,000)
(Alcohol and Substance Abuse)......... (4,967) (4,436) (5,000) ............ (5,000)
Edward Byrne Law Enf. Assistance.......... 646,683 ............ 615,000 588,575 659,117
(Formula Grants)...................... (496,750) ............ (500,000) (500,000) (500,000)
(Discretionary Grants)................ (149,933) ............ (115,000) (88,575) (159,117)
USA Freedom Corps......................... ............ 14,669 ............ ............ ............
Justice Assistance Grants................. ............ 585,990 ............ ............ ............
(Boys and Girls Club)................. ............ (60,000) ............ ............ ............
(Indian Tribal Courts Program)........ ............ (5,921) ............ ............ ............
(National Institute of Justice)....... ............ (19,956) ............ ............ ............
Violence Against Women Grants............. 387,629 373,487 ............ 406,000 ............
Victims of Trafficking Grants............. 9,935 ............ 10,000 ............ 10,000
State Prison Drug Treatment............... 64,577 74,233 70,000 ............ ............
Drug Courts............................... 44,708 64,360 55,000 43,500 38,500
Juvenile Crime Block Grant................ 188,765 ............ ............ ............ ............
(Project ChildSafe)................... (24,838) ............ ............ ............ ............
Prescription Drug Monitoring.............. 7,451 ............ 10,000 ............ 7,000
Prison Rape Prevention.................... 12,915 ............ 60,000 ............ 37,175
Terrorism Prevention Training............. 14,902 ............ ............ ............ ............
Other Crime Control Programs:
State and Local Training.............. ............ 3,907 1,000 ............ 1,000
Missing Alzheimer's Patients.......... 892 ............ 892 500 892
Law Enforcement Family Support........ 1,487 ............ 1,487 1,000 ............
Motor Vehicle Theft Prevention........ 1,292 ............ ............ 1,500 ............
Seniors Vs. Marketing Scams........... 1,982 ............ 1,982 2,000 2,000
Prior Year Balances....................... (20,854) (11,622) ............ ............ ............
---------------------------------------------------------------------
Total, State and Local Assistance... 2,030,990 ............ 1,640,861 1,461,075 1,297,684
----------------------------------------------------------------------------------------------------------------
State Criminal Alien Assistance Program.--The conference
agreement provides $300,000,000 for the State Criminal Alien
Assistance Program instead of $400,000,000 as provided by the
House and $250,000,000 as provided by the Senate. The
Administration proposed eliminating this program. The
conference agreement includes bill language directing funds to
be disbursed only as a direct reimbursement for each States'
documented costs for incarcerating undocumented criminal
aliens.
Indian Country Grants.--The recommendation provides
$15,000,000 for Indian Country grants. The conferees understand
that the Comprehensive Indian Resources for Community Law
Enforcement (CIRCLE) initiative is working well. The conferees
urge the Department to consider ways to expand the CIRCLE
project into other communities.
Edward Byrne Grants to States.--The conference agreement
includes $659,117,000 for the Edward Byrne Memorial State and
Local Law Enforcement Assistance Program, of which $159,117,000
is for discretionary grants and $500,000,000 is for formula
grants.
Within the amount provided for Byrne formula grants, the
conferees ask Governors and relevant State and local officials
to review the following proposals and provide a grant if
warranted: Arkansas Methamphetamine Lab Project, Criminal
Justice Institute; Barron-Rusk County, Wisconsin Drug Task
Force; Caddo Parish, Louisiana Methamphetamine Enforcement;
COPS Methamphetamine Drug Hot Spots Program, Arkansas State
Police; Drug Endangered Children rapid response team in Iowa;
Arizona methamphetamine program; Law Enforcement Innovation
Center at Knoxville, Tennessee; Drug Interdiction Team to seize
illegal drugs transported into Iowa; Enhancing illegal drug
trafficking investigations by State and local authorities in
Iowa; Arizona violent crime scene response; Greenbook Project,
Maryland; Iowa Drug-Free Workplace Education Project; Meth Safe
housing pilot project, Iowa Office of Drug Control Policy;
Methamphetamine enforcement efforts in Nevada; Methamphetamine
Enforcement, State of Indiana; Methamphetamine Interdiction
Program in Northwest Louisiana; Methamphetamine Montana
Initiative; Methamphetamine Program for Washington State;
Multnomah County, Oregon Children's Receiving Center; Nebraska
Methamphetamine Drug Hot Spots Program; Idaho methamphetamine
initiative; New York City Specially-Targeted Offenders Program;
Oglala, South Dakota Youth Court/Court Systems; Oregon Meth Lab
Surveillance and Seizure Program; Savannah, Georgia Impact
Program; ShareHouse Methamphetamine Treatment Project in North
Dakota; South Central and East Central Iowa Meth Lab Task
Forces; Texas State University Advanced Law Enforcement Rapid
Response Training Center; Chicago Project for Violence
Prevention; Elderly Fraud Prevention Initiative in Iowa;
Arkansas State Police's Methamphetamine Drug Hot Spots Program;
and Methamphetamine Drug Program for Washington State.
Within the amounts provided for discretionary grants, OJP
is expected to review the following proposals, provide grants
if warranted, and report to the Committees on Appropriations
regarding its intentions.
$5,000,000 for the National Crime Prevention
Council;
$444,000 to the Southwest Montana Drug Task Force
to deter the use, distribution, and manufacture of
dangerous drugs;
$1,800,000 for a case management system for the
Delaware State courts;
$500,000 to the Bernalillo County, NM, Metro Court
Domestic Violence Pilot Project;
$2,000,000 for the Tools for Tolerance program in
California;
$2,000,000 for continued support for the expansion
of SEARCH Group, Inc. and the National Technical
Assistance and Training Program to assist States, such
as West Virginia and Alabama, to accelerate the
automation of fingerprint identification process;
$150,000 for the University of North Dakota's
Native Americans Into Law program to recruit and retain
American Indian law students;
$550,000 for Turtle Mountain Community College for
Project Peacemaker;
$1,146,000 for Child-Safe Personalized Weapons-
Smart Gun, NJ;
$100,000 to the City of Custer, SD, for law
enforcement equipment;
$100,000 to the South Dakota Association of County
Commissioners for law enforcement communications
equipment;
$1,000,000 for behavioral health research at the
University of Connecticut for at-risk youth;
$650,000 for the National Center for Victims of
Crime and INFOLINK;
$300,000 for Mujeres Latinas En Accion, IL, to
expand its community-based program for domestic abuse
and sexual assault victims;
$3,000,000 for a law enforcement information
sharing program in CA;
$900,000 for the Iowa Jail Drug Treatment Pilot
Project;
$500,000 to the University of South Carolina for
the National Center for Prosecutorial Ethics;
$250,000 for the Children's Medical Assessment
Center in South Carolina to extend forensic healthcare
services to outlying rural areas, and to extend the
tracking and medical case management programs to all
law enforcement jurisdictions in the local Tri-County
area;
$695,000 for the South Carolina Domestic Violence
Reduction Initiative, of which: $150,000 is for Safe
Passage which assists victims in Chester, Lancaster,
and York Counties; $150,000 for Safer Harbor which
assists victims in Greenville and Anderson Counties;
$175,000 for Safe Homes which assists victims in
Spartanburg; and $220,000 for the Cumbee Center to
Assist Abused Persons, which assists victims in Aiken,
Barnwell, Allendale, Edgefield, McCormick, and Saluda
Counties;
$4,750,000 for the Executive Office of U.S.
Attorneys to support the National District Attorneys
Association's participation in legal education training
at the National Advocacy Center;
$100,000 to the Medical University of South
Carolina for an innovative and effective program which
helps single head-of-household women with children
reject a life of crime and drugs and build a self
supporting lifestyle;
$150,000 for the City of La Crosse Community
Policing Plan;
$300,000 for the Barron Rusk County, WI, Drug Task
Force;
$1,100,000 for the Vermont Drug Task Force;
$250,000 for the University of Arkansas' program to
reduce Family Violence through Workplace Interventions;
$2,200,000 for the Baltimore City, MD, Drug
Enforcement and Eradication Program;
$300,000 to the Prince George's County, MD,
Neighborhood Watch Program;
$250,000 to the Washington Public Building Mapping
System;
$400,000 to Milton R. Abrahams Legal Clinic at
Creighton University, NE;
$250,000 for the North Kingstown, RI, Police
Department for equipment and related expenses;
$300,000 to the John Hope Settlement House in
Providence, RI, for a family support center;
$200,000 for the Las Vegas, NV, Metropolitan Police
Forces' Special Weapons and Tactics [SWAT] Team;
$200,000 for the UNLV Boyd School of Law;
$400,000 for Las Vegas, NV, for communications
equipment;
$500,000 for the Community Action Neighborhood
Empowerment Program in Erie County, NY;
$7,500,000 for the Southeast National Law
Enforcement and Corrections Technology Center for the
implementation of Project SEAHAWK. Funding is provided
for the acquisition of communications equipment,
computer software and hardware technology, and research
and development needed to execute the project;
$850,000 for Nebraska Statewide Drug Enforcement
and Lab equipment;
$1,100,000 for an alcohol interdiction program
designed to investigate and prosecute bootlegging
crimes as part of a statewide effort to reduce fetal
alcohol syndrome in Alaska;
$250,000 for the Catholic Charities of Maine, Rapid
Response Program;
$800,000 for the Haymarket Center's Rehabilitative
Confinement Program;
$150,000 for the Alabama Criminal Justice Training
Center;
$1,250,000 for Abilene, TX, for law enforcement
technologies;
$400,000 to the Montana Food Bank Network/Montana
Correctional Enterprises for cannery operations;
$100,000 for the Morgan County, KY, Sheriff's
Department;
$2,000,000 to the Municipality of Anchorage, AK,
for response to illegal drug and alcohol use for
homeless veterans;
$500,000 for the Pittsburgh, PA, Police Bureau's
Virtual Perimeter Video Surveillance system, which
allows live monitoring of multiple locations by robotic
cameras;
$100,000 to the Alabama Sentencing Commission for a
simulation model of the Alabama sentenced offender
population;
$210,000 for the Alaska DARE Coordinator;
$500,000 to establish the Belknap, NH, Regional
Special Operations program;
$150,000 for the Nebraska Statewide Drug Treatment
and Prevention program;
$1,000,000 for the New Mexico Administrative Office
of the Courts to support Dependency Drug Courts in
three judicial districts;
$750,000 for the Center on Domestic Violence at the
University of Colorado in Denver;
$2,000,000 for Anchorage Sexual Response Assault
Team to investigate and prosecute rapes;
$1,000,000 for the Davidson County, TN, Drug Court
Program;
$400,000 for the Philadelphia, PA, Safe Streets
Initiative;
$2,500,000 for the Missouri MOSMART Program;
$500,000 for the New Hampshire Phoenix House
information technology upgrade project;
$1,500,000 for continuation of Operation
Streetsweeper;
$250,000 for Partners for Downtown Progress in
Alaska;
$1,000,000 for the Montana Public Safety Services
Office for law enforcement equipment;
$122,000 for the Powder Springs Police Force in
Cobb County, GA for new equipment;
$1,000,000 for the Alaska Native Justice center to
develop recommendations in consultation with AFN.
RuralCap, and AITC on rural justice and law
enforcement;
$500,000 for technology upgrades for the New
Hampshire Department of Motor Vehicles substation;
$300,000 for the Protection of Senior Citizens,
Indianapolis, IN, Housing Authority;
$1,000,000 for the inclusion of the New Hampshire
Department of Motor Vehicles in the public safety
communications network;
$3,000,000 for the Innovative Partnerships for High
Risk Youth demonstration project run by Public/Private
Ventures;
$3,000,000 for the National Fatherhood Initiative;
$1,000,000 for the Strategic Medical Intelligence
Initiative Partnership at the University of Pittsburgh
Medical Center;
$750,000 for law enforcement equipment upgrades in
Midwest City, OK;
$650,000 for the Alaska Public Safety Academy;
$750,000 for Fisk University's Security Enhancement
Initiative, Nashville, TN;
$1,500,000 for the National Judicial College;
$1,100,000 for Security Enhancement Programs for
the South Carolina Palmetto Expo Center;
$500,000 for equipment and supplies for the Ocean
Springs, Mississippi Police Department;
$1,000,000 for the Western Forensic Science & Law
Enforcement Training Center;
$750,000 for the Alaska Youth Community Policing
Initiative;
$1,500,000 to An Achievable Dream in Virginia;
$500,000 for the Pennsylvania Commission on Crime
and Delinquency for integrated justice data hubs;
$1,000,000 for the Cook County Cold Case Homicide
Unit;
$1,200,000 for the Drug Abuse Resistance Education
(DARE) program;
$20,000 for the City of Massillon, OH, Police
Department for law enforcement technologies and to
combat gang and drug-related activities;
$8,000,000 for Operation UNITE for a drug
enforcement, treatment and education program;
$1,250,000 for the Rural Law Enforcement Technology
and Training Center;
$500,000 for the Phoenix House Upstate New York
Drug Treatment Alternative for offenders;
$750,000 for Excelsior College for law enforcement
training programs;
$25,000 for Transylvania County, NC, Sheriff's
Citizens Observer Patrol and Education Team;
$700,000 for the New Orleans, LA, Police Department
for crime fighting initiatives;
$200,000 for the Orleans Parish, LA, District
Attorney's Office for crime fighting initiatives;
$200,000 for the Louisiana State Police for
equipment to assist in investigating crimes;
$200,000 for the Iberia Parish Sheriff's Department
for equipment to assist in investigating crimes;
$200,000 for the Calcasieu Parish Sheriff's
Department for equipment to assist in investigating
crimes;
$200,000 for the Caddo Parish District Attorney's
Office for equipment to assist in investigating crimes;
$200,000 for the Jefferson Parish District
Attorney's Office for equipment to assist in
investigating crimes;
$1,500,000 for the Washington Metropolitan Area
Drug Enforcement Task Force (MATF);
$1,000,000 for the Northern Virginia multi-
jurisdictional anti-gang task force;
$732,000 for the Virginia Attorney General's Office
for a Computer Crime Unit ($115,000), a gang task force
($500,000), and the Triad program ($117,000);
$2,500,000 for Mothers Against Drunk Driving for
education and victims assistance programs;
$500,000 for the Northern Virginia Criminal Justice
Academy;
$250,000 for Gospel Rescue Ministries;
$1,000,000 for the Fuller Theological Seminary for
a conflict resolution program;
$50,000 for the Virginia Commonwealth Attorneys
Service Council for the TOP GUN program to partner law
enforcement and prosecutors to combat violent crime
throughout Virginia;
$1,540,000 for pre-release and post-incarceration
services programs for the Commonwealth of Virginia;
$750,000 for The Doe Fund's Ready, Willing & Able
program;
$1,230,000 for court programs in the Commonwealth
of Virginia to combat drug use and drug related crimes;
$660,000 for the Virginia Community Policing
Institute;
$350,000 for the Northwest Virginia Regional Drug
Task Force;
$500,000 for the Courtroom 21 program at William
and Mary College;
$600,000 for the Protecting Children Against Sex
Offenders in Fairfax County, VA;
$100,000 for the Virginia State Police to deal with
gang violence in the City of Richmond;
$750,000 for a child abuse prevention program in
Norfolk, VA;
$500,000 for the National Motor Vehicle Title
Information System to reduce vehicle theft and fraud;
$500,000 for the Tarrent County, TX, District
Attorney's Office for an Automated Fingerprint
Identification System;
$2,000,000 for the Center for Court Innovation;
$110,000 for the Virtual Simulation Project for
Clark State Community College's Police Academy in
Springfield, OH;
$500,000 for a crime fighting initiative with the
University of Central Oklahoma, the City of Edmond, OK
and the Oklahoma State Bureau of Investigation;
$1,000,000 for the Oakland County, MI, Sheriff's
Department for an Identification Based Information
System (IBIS) including portable hand-held digital
fingerprint and photo devices for patrol cars;
$350,000 for Iowa State University for specialized
criminal justice research;
$350,000 for a Regional Law Enforcement Training
Program at Iowa Central Community College in Fort
Dodge, IA;
$500,000 for the Redlands, CA, Police Department
for a crime mapping project;
$1,000,000 for the National Training and
Information Center (NTIC);
$1,000,000 for the National Center for Justice and
the Rule of Law at the University of Mississippi School
of Law to sponsor research and produce educational
seminars and training programs for judges, court
personnel, prosecutors, police agents, and attorneys;
$3,000,000 for the National Clearinghouse for
Science, Technology, and the Law at Stetson University
College of Law;
$200,000 for the Pinellas County, FL, Sexual
Predator Unit;
$2,000,000 for the National Forensics Science
Technology Center;
$250,000 for a law enforcement initiative in Tampa
Bay, FL;
$500,000 for the Florida Gulf Coast University for
equipment and training for law enforcement efforts;
$500,000 for Kristen's Act;
$1,000,000 for the University of Houston to study
in-car law enforcement technologies;
$250,000 for the DuPage County State's Attorney's
Office for the Child Victim Witness Project for
criminal investigators;
$500,000 for Kane County, IL, for a drug
rehabilitation court;
$750,000 for the Columbus, OH, Police Department
for an automated fingerprint identification system;
$300,000 for the Ascension Parish Sheriff's Office
for a regional training center for cybercrime
monitoring and enforcement activities and for law
enforcement administration training;
$2,500,000 for National Institute of Justice's
Cyber Science Laboratory in Rome, NY;
$100,000 for the Cathedral City, CA Police
Department for an After-School Program;
$300,000 for the National Association of Town
Watch's National Night Out crime prevention program;
$300,000 for the Savannah Impact Program for an
offender re-entry program;
$250,000 for Orange County, CA, for a mobile
regional gang enforcement team;
$300,000 for Orange County, CA, for an integrated
law and justice program;
$300,000 for The Women's Center in Vienna, VA;
$200,000 for the City of Fairfax, VA, for law
enforcement equipment;
$300,000 for Mercyhurst College in Erie, PA, for
law enforcement training;
$200,000 for the City of Chesapeake, VA, Police
Department for law enforcement expenses;
$300,000 for Gun Crimes Reduction Task Force in
Ventura County, CA;
$300,000 for the Buchanan County, MO, Drug Strike
Task Force;
$300,000 for the Rural Justice Institute at Alfred
University;
$300,000 for the University of Notre Dame in
collaboration with State University of New York (SUNY)
Stony Brook for law enforcement technologies research;
$100,000 for the College of the Cannons in Santa
Clarita Valley, CA for law enforcement training;
$200,000 for the Belmont Harrison Juvenile District
for female inmate programs;
$750,000 for the San Joaquin Valley Rural Crime
Prevention Program;
$300,000 for the Eddy County, NM, Detention Center
for inmate programs to reduce recidivism;
$300,000 for the Regional Counter Drug Training
Academy for law enforcement training;
$150,000 for York County, PA, for a court records
improvement program;
$250,000 for the Stanislaus County, CA, Meth Gang
Enforcement Project;
$200,000 for the City of Virginia Beach, VA,
Sheriff's Department for law enforcement expenses;
$6,000,000 for the Police Athletic League;
$100,000 for the Men Ending Domestic Violence
program in Swansea, IL;
$300,000 for Altoona, PA, for an offender re-
integration program;
$300,000 for the Norwich, CT, Police Department for
a program to investigate sexual predators on the
Internet;
$100,000 for the Polaris Project;
$180,000 for the Check'em Out program in Hamilton
Township, NJ;
$300,000 for the Houma, LA, Police Department for
law enforcement expenses;
$150,000 for the Kern County, CA, District Attorney
for equipment to assist in criminal gang
investigations;
$250,000 for the Second Judicial District of New
Mexico for a gun violence reduction program;
$250,000 for Greenbook;
$250,000 for the National Center for Rural Law
Enforcement's Internet Project;
$250,000 for the Law Enforcement Memorial Act;
$250,000 for John Jay Criminal College and Lehman
College of the City University of New York for law
enforcement research;
$150,000 for the Midtown Community Justice Center
in Milwaukee, WI, for restorative justice programs;
$1,500,000 for the City of Alexandria and the
County of Arlington, VA to enhance law enforcement
activities;
$250,000 for the Local Initiatives Support
Corporation;
$600,000 for St. Louis County, MO, to enhance local
law enforcement efforts;
$750,000 for the California Department of Justice
for the San Francisco Bay area sexual assault screening
program;
$1,500,000 for New York University for law
enforcement research;
$50,000 for Sistas and Brothas United;
$400,000 for the Latino Pastoral Action Center;
$100,000 for ``Servicing our Youth'';
$100,000 for the Restorative Justice and Good
Citizenship Initiative in Chicago, IL;
$100,000 for Solano County, CA, for enhanced law
enforcement activities;
$250,000 for the Arkansas Law Enforcement Training
Academy;
$300,000 for the Puerto Rican Legal Defense and
Education Fund to conduct a study of the participation
of Latinos in the federal criminal justice system;
$400,000 for ``Sanctuary for Families'' for
programs in support of at-risk women and children;
$600,000 for the Urban Justice Center;
$1,000,000 for the National Corrections and Law
Enforcement Training and Technology Center in
Moundsville, WV;
$200,000 for the American Cities Foundation for a
drug and alcohol demand reduction program;
$460,000 for the Philadelphia District Attorney's
Office for criminal justice enhancements;
$250,000 for the New York Prosecutors Training
Institute for enhancement of the Spectrum Justice and
Prosecutors Case Management software systems;
$500,000 for ``Urban Dreams'' in Des Moines, IA,
for programs in support of at-risk youths;
$400,000 for the Maine Rural Substance Abuse
Partnership;
$500,000 for Midamerica Nazarene University's (MNU)
Criminal Justice Program;
$500,000 for the National Children's Alliance Child
Abuse Case Tracking, Reporting and Management System;
$200,000 for the College of Mount Saint Vincent for
criminal justice research and development;
$250,000 for Phoenix House to enhance drug
treatment options in New York City, NY;
$100,000 for the Municipality of Barceloneta, PR,
to expand law enforcement efforts;
$500,000 for Touro College Jacob D. Fuchsberg Law
Center for criminal justice research;
$200,000 for the Milwaukee County, WI, Community
Justice Day Reporting Center to expand program
activities;
$500,000 for YouthServe, a project of the ``Builder
for the Family and Youth,'' to develop programs in
support of at-risk youths;
$150,000 for the Substance Abuse Referral and
Prevention, Suicide Prevention and Mental Health
Promotion Online Demonstration Project in New York, NY;
$900,000 for ``The Fortune Society'' for the
Community Re-entry program;
$250,000 for Bexar County, TX, for the Jail
Diversion Program Model;
$50,000 for the Greater Woodhaven Development
Corporation to address quality of life crimes;
$500,000 for the North Las Vegas and Las Vegas, NV,
Police Departments to enhance law enforcement efforts;
$150,000 for the ``Home Again'' Offender Re-Entry
Project in Indianapolis, IN;
$100,000 for Provident Counseling's Domestic
Violence Prevention Program;
$100,000 for the City of North Miami Beach, FL, for
a law enforcement initiative;
$50,000 for the African Community Resource Center
for professional counseling for victims of domestic
violence;
$100,000 for the County of Santa Clara, CA, for the
Financial Abuse Specialist Team;
$100,000 for PAX New York for the SPEAK UP Hotline;
$100,000 for the City of Pittsburgh, PA, Police
Bureau to enhance the Witness Protection Program;
$100,000 for the San Jose, CA, Police Department
for law enforcement enhancements;
$500,000 for the National Institute on State Policy
on Trafficking of Women and Girls at the Center for
Women Policy Studies;
$100,000 for the City of Seattle, WA, Precinct
Liaison Program;
$100,000 for the White Earth Nation in White Earth,
MN, for criminal justice enhancements;
$50,000 for the Southeast Law Enforcement Center;
$100,000 for the Warren Urban Minority Alcohol and
Drug Abuse Outreach Program in Trumbull County, OH;
$100,000 for the Village of Leetonia, OH, for a
school resource officer program;
$100,000 for NOVA Southeastern University's
Community Resources, Partnerships & Solutions project;
$50,000 to Taylor County, WI, for the Restorative
Justice Program;
$100,000 to the Bayfield, WI, Police Department for
enhanced law enforcement activities;
$200,000 to the Marathon County, WI, Sheriff's
Department for a methamphetamine response team;
$600,000 for the Alliance for Children and Families
in Milwaukee, WI, for the Legal Intervention for
Employment Expansion project.
Harold Rogers Prescription Drug Monitoring Program.--The
conference agreement includes $7,000,000 to assist States in
building or enhancing prescription drug monitoring systems,
facilitating the exchange of information between States, and
providing technical assistance and training on establishing and
operating effective prescription drug monitoring programs.
Prison Rape Prevention and Prosecution.--The conference
agreement provides $37,175,000 for implementation of the Prison
Rape Elimination Act of 2003 (Public Law 108-79). The
conference agreement provides up to $10,000,000 for the
collection of statistics, data and research as authorized by
section 4 of the Act; $5,000,000 is provided for the National
Institute of Corrections for a national clearinghouse, training
and education as authorized by section 5 of the Act;
$20,000,000 is provided for grants to States to protect inmates
and safeguard communities as authorized by section 6 of the
Act. If the entire $10,000,000 provided for statistics, data
and research is not utilized, the conferees expect these funds
to be used to make additional grants to States. An additional
$2,175,000 shall be transferred to the National Prison Rape
Reduction Commission.
Victims of Trafficking.--The conference agreement
includes $10,000,000 for victim services programs to assist
victims of trafficking as authorized by the Victims of
Trafficking and Violence Protection Act of 2000. The conferees
expect the Office of Victims of Crime to work with the Office
of Juvenile Justice and Delinquency Prevention on child
exploitation issues.
Drug Courts.--The conference agreement provides
$38,500,000 for the Drug Courts program. The conferees note
that funding for drug courts is an eligible expense under the
Local Law Enforcement Block Grant program, the Byrne program,
and Juvenile Justice Programs.
Law Enforcement Family Support and Motor Vehicle Theft
Prevention.--The conferees understand that sufficient funding
is available in prior year unobligated balances to continue to
fund these programs during fiscal year 2004.
WEED AND SEED PROGRAM FUND
The conference agreement includes $58,542,000 for the
Weed and Seed program as provided by the Senate. The conference
agreement adopts by reference the House report language
requiring OJP to submit a report to the Committees on
Appropriations on the coordination of the Weed and Seed program
with Project Safe Neighborhoods, the Bureau of Alcohol,
Tobacco, Firearms and Explosive's Youth Crime Gun Interdiction
Initiative and other Department of Justice and Federal
programs.
COMMUNITY ORIENTED POLICING SERVICES
The conference agreement includes $756,283,000 for
Community Oriented Policing Services (COPS) programs instead of
$682,933,000 as proposed by the House and $656,636,000 as
proposed by the Senate. The conference agreement provides
significant resources above the request to enhance the ability
of the COPS office to accomplish their mission of advancing
community policing practices. While the conferees appreciate
the Administration's need to address its Federal
counterterrorism responsibility, this need should not preclude
the Administration from executing other law enforcement
responsibilities such as local law enforcement programs aimed
at ensuring community safety.
The table below displays the funding provided in the
conference agreement compared to the level of funds requested
under the COPS and Justice Assistance headings for similar
activities and compared to the levels provided in the House and
Senate bills.
[$ in 000's]
----------------------------------------------------------------------------------------------------------------
Program Enacted Request House Senate Conference
----------------------------------------------------------------------------------------------------------------
Hiring......................................... 198,700 ........... ........... 200,000 120,000
Training and Technical Assistance.............. 20,528 20,662 20,662 (10,000) (5,000)
Tribal Law Enforcement......................... 34,773 30,000 30,000 20,000 25,000
Meth Hot Spots................................. 56,761 20,000 60,000 ........... 54,050
COPS Technologies.............................. 188,719 50,000 100,000 83,960 158,407
Interoperable Communications................... 74,620 ........... ........... 140,000 85,000
Safe Schools Program........................... 15,111 ........... ........... 17,000 4,600
Police Integrity Grants........................ 16,853 16,963 17,000 5,000 10,000
Management and Administration.................. 32,782 26,130 26,130 35,000 30,000
Prior Year Balances (Rescission)............... ........... (6,378) ........... ........... ...........
Bullet-Proof Vests............................. 25,279 24,143 25,000 25,000 25,000
Police Corps................................... 14,903 28,315 28,315 15,000 15,000
Criminal Records Upgrade....................... 39,740 56,924 56,924 ........... 30,000
DNA/Crime Lab Initiative....................... 81,009 174,353 174,353 19,050 100,000
Paul Coverdell Forensic Science................ [4,968] ........... 5,000 15,000 10,000
DC Court and Fugitive Task Forces.............. ........... ........... 41,105 ........... ...........
Crime Identification Technology Act............ 68,626 ........... ........... 36,626 24,226
Safe Schools Technologies...................... [16,890] ........... ........... [10,000] [5,000]
SW Border Prosecutor Program................... 39,740 48,063 40,000 15,000 30,000
Gun Violence Reduction Assistance.............. 44,708 47,683 45,000 15,000 30,000
Offender Re-Entry.............................. 14,837 13,504 13,504 5,000 5,000
Project Sentry................................. 9,935 ........... ........... 10,000 ...........
----------------------------------------------------------------
Total.................................... 977,624 682,993 656,636 756,283
----------------------------------------------------------------------------------------------------------------
COPS Hiring Program.--The conference agreement includes
$120,000,000 for the hiring of law enforcement officers, of
which $60,000,000 shall be for school resource officers. From
within available amounts, $5,000,000 is for training and
technical assistance. The conference agreement adopts by
reference the House report language concerning events of
national or regional importance and directing COPS to submit a
report to the Committees on Appropriations on ``best
practices'' within 180 days of enactment of this Act.
Bulletproof Vests.--The conference agreement includes
$25,000,000 for the Bulletproof Vests program. The conferees
request that the Department of Justice conduct a study and
submit a report to the Committees on Appropriations on the
National Institute of Justice's (NIJ) voluntary testing
protocols and minimum standards for body armor to determine the
extent to which the efficiency of those voluntary testing
protocols and minimum standards for body armor correlates with
successful and improved law enforcement officer and public
safety, and include any recommendations for improving the
efficiency and safety of these voluntary testing protocols and
minimum standards for body armor. The report must address, but
is not limited to, the criteria used by the NIJ to establish
voluntary standards of testing and evaluation to identify
minimum performance standards for body armor critical to
protecting officers from ballistic threats; when the NIJ last
updated the minimum performance standards for body armor; the
qualifications and factors used by the NIJ to determine the
need to update minimum performance standards for body armor;
why the NIJ testing protocols only rate body armor in the
newest possible condition; and why the NIJ does not test the
deterioration of body armor actually worn by officers in the
field to determine if such materials and body armor constitutes
to comply with the NIJ minimum performance standards during the
warranty period of the body armor.
Police Corps.--The conference agreement includes
$15,000,000 for the Police Corps program. The conferees are
disappointed that the Police Corps program did not submit a
fiscal year 2003 financial plan as requested in the fiscal year
2003 conference report. The conferees believe it is important
for this program to standardize the funding provided for
recruit training and require State matching funds for training
costs. The conferees are also disappointed that the Police
Corps program has not submitted the requested report describing
OJP's efforts to incorporate terrorism prevention and response
training into the Police Corps program and discussing the
feasibility of establishing regional Police Corps training
centers. The conferees expect this report to be submitted as
soon as possible and the conference agreement again directs OJP
to submit a Police Corps financial plan no later than 180 days
after enactment of this Act.
Methamphetamine Enforcement and Clean-Up.--The conference
agreement includes $54,050,000 for State and local law
enforcement programs to combat methamphetamine production and
distribution, to target drug ``hot spots,'' and to remove and
dispose of hazardous materials at clandestine methamphetamine
labs.
Within the amount provided, the conference agreement
includes $20,000,000 to reimburse the Drug Enforcement
Administration (DEA) for assistance to State and local law
enforcement for proper removal and disposal of hazardous
materials at clandestine methamphetamine labs. The conference
agreement provides $5,000,000 for training, technical
assistance and grants to localitieswith highest priority needs.
The conference agreement adopts by reference the House report language
concerning coordination with other Federal agencies.
In addition, within the amount provided, the conferees
expect the COPS Program Office, in consultation with DEA, to
examine each of the following proposals, to provide grants if
warranted, and to submit a report to the Committees on
Appropriations on its intentions for each proposal:
$1,500,000 for the Arizona methamphetamine program;
$1,100,000 for the Five County Southeastern Utah
Methamphetamine Project;
$700,000 for Methamphetamine Enforcement for the
State of Indiana;
$1,050,000 for the Louisiana Methamphetamine Task
Force;
$750,000 to Prairie View Prevention Services in
Sioux Falls, SD, to continue methamphetamine use
prevention programs in South Dakota, and to facilitate
integration of prevention and treatment services for
at-risk youth;
$1,500,000 to fund meth lab task forces in Iowa's
south central and east central counties;
$300,000 for the Iowa Tank Lock Methamphetamine
Initiative;
$4,500,000 for Hawaii County Comprehensive
Methamphetamine Response;
$1,000,000 to continue the efforts of the Wisconsin
Methamphetamine Initiative;
$50,000 for the St. Croix, WI, District Attorney's
Office Initiative to Combat Methamphetamine;
$600,000 for Marion County, OR, Methamphetamine Lab
Surveillance and Seizure Program;
$500,000 for the Virginia State Police to assist
their efforts in combating methamphetamine;
$300,000 for DeKalb, Cherokee, and Marion Counties,
AL, for initiatives to combat methamphetamine;
$3,000,000 for the California Department of
Justice, Bureau of Narcotic Enforcement, for the
California Methamphetamine Strategy (CALMS);
$2,000,000 for the Washington State law enforcement
methamphetamine initiative;
$240,000 for the Southeast Missouri Drug Task
Force;
$2,200,000 for the Regional Methamphetamine
Training Center in Sioux City, IA;
$750,000 for methamphetamine enforcement and clean-
up initiatives in Kansas for the Cowley County,
Montgomery County, and Butler County Sheriffs'
Departments;
$1,000,000 for the Methamphetamine Task Force in
East Tennessee, to fight the spread of meth labs in
this region, including $50,000 for a video conferencing
program at the Hamilton County District Attorney's
Office;
$200,000 for the Chilton County, AL, Sheriff's
Department to combat production and distribution of
methamphetamine;
$300,000 for the Henderson County, TN, Sheriff's
Department to combat production and distribution of
methamphetamine;
$500,000 for the Arkansas Methamphetamine Law
Enforcement Initiative;
$300,000 for the Riverside County, CA, Sheriff's
Department to combat production and distribution of
methamphetamine;
$300,000 for the Franklin County, MO, Sheriff's
Department for Operation CHEM;
$100,000 for the Daviess County, KY, Sheriff's
Department to combat production and distribution of
methamphetamine;
$400,000 for the Oklahoma Bureau of Narcotics and
Dangerous Drug Control Clandestine Laboratory
Enforcement Program;
$550,000 for the Kansas Bureau of Investigation to
combat the production and distribution of
methamphetamine;
$300,000 for the Nebraska State Patrol to combat
the production and distribution of methamphetamine;
$300,000 for the Henderson, NV, Police Department
for equipment and technologies to combat the production
and distribution of methamphetamine;
$700,000 for the Pennyrile Narcotics Task Force in
KY;
$70,000 for the Lawrence County, AL, Sheriff's
Office to assist their efforts against methamphetamine
and narcotics production and distribution;
$200,000 for Phoenix House for methamphetamine
treatment programs in Los Angeles, CA;
$250,000 for the Lincoln County, OR,
methamphetamine project;
$100,000 for the City of Columbia, SC,
methamphetamine initiative;
$100,000 for the Buffalo Trace/Gateway Narcotics
Task Force to support a multi-jurisdictional task force
methamphetamine training program;
$750,000 for the Minot State University Rural
Methamphetamine Education Demonstration Project;
$100,000 for the Choctaw Nation methamphetamine
initiative;
$100,000 for the State of Hawaii, including Oahu,
Maui County, and Kaua'i County, for methamphetamine
initiatives.
COPS Interoperable Communications Technology Program.--
The conferees recommend $85,000,000 for the COPS Interoperable
Communications Technology Program, in consultation with the
Office of Science and Technology (OS&T) within the NIJ, as well
as the Bureau of Justice Assistance (BJA). This program shall
utilize the expertise of all three organizations to create a
grant program that is highly responsive to the immediate needs
of the State and local law enforcement community and that takes
full advantage of the expertise and lessons learned from OS&T's
and BJA's research and development in the field of
interoperable law enforcement communications, particularly
project AGILE.
This program should address the critical need of law
enforcement to improve cross-jurisdictional communication,
intelligence and information sharing. Grants shall be
exclusively available to law enforcement agencies. Consistent
with the existing COPS grant programs, the COPS Interoperable
Communications Technology Program should include a 25 percent
local match requirement and be available to both rural and
urban communities.
Grants shall be available for both voice and data
communications systems. Grants for voice communications systems
shall be available for system upgrades and technologies to make
existing communication systems compatible. Grants shall also be
available for data communicationssystems to enhance law
enforcement's abilities to share intelligence and to integrate existing
local law enforcement legacy databases.
The COPS Office shall ensure that all grant awards comply
with existing standards adopted by the OS&T, BJA and OLES.
Within the funding provided, $1,000,000 shall be transferred to
OLES to continue the development of a comprehensive suite of
minimum standards for law enforcement communications.
The conferees expect the COPS Office to work with State,
local, and Federal agencies through the Global Justice
Information Sharing Initiative to address the communications
and intelligence needs of law enforcement.
The conferees direct the COPS office to develop and
submit to the Committees on Appropriations, no later than 45
days after the enactment of this Act, proposed guidelines for
the program.
Law Enforcement Technology Program.--The conference
agreement includes $158,407,000 for the COPS Law Enforcement
Technology Program. The conference agreement adopts by
reference the House report language concerning standards.
Within the amounts provided under this account, grants
should be provided for the following:
$2,000,000 for the Ohio Palmprint AFIS Program;
$500,000 for forensics, crime scene collection, and
drug detection abilities upgrades at the Sandy City,
UT, Crime Lab;
$500,000 for the Regional Crime Lab at Missouri
Southern State College;
$1,000,000 for Sam Houston State University to
develop the Texas Center for Forensic Sciences, with a
primary focus in the area of digital forensic science;
$250,000 for Washoe County, NV, Sheriff's
Department of Forensics and DNA Analysis;
$500,000 to establish a police science laboratory
at Holyoke Community College, MA;
$1,000,000 for Texas Tech University's Institute
for Forensic Sciences;
$3,000,000 to the Louisville, KY, Regional Computer
Forensic Laboratory;
$1,000,000 to Allegheny County, PA, to improve its
forensic laboratories;
$1,000,000 to the University of Alabama at
Birmingham's Forensic Science Institute;
$800,000 for the Ohio Attorney General's Office
Crime Laboratory System Improvement Project;
$500,000 for medical examiner upgrades for the
Jefferson County, AL, Medical Examiner's Office;
$450,000 to Brown University in Providence, RI, for
a nanotechnology study of DNA sequencing methods;
$3,300,000 for Marshall University's Forensic
Science Program;
$1,500,000 to the South Carolina Law Enforcement
Division for continued funding to support the growing
State and local law enforcement needs in the only full
service forensic laboratory in South Carolina;
$1,000,000 for the Honolulu, HI, Police
Department's Crime Lab Improvements;
$500,000 for planning, design, and equipment for
the State of Vermont Forensic Laboratory;
$400,000 for the Stamford, CT, Police Department
for law enforcement technologies;
$600,000 for Spokane, WA, Intelligence/Information
Sharing Computer Systems;
$2,000,000 for the UNH/Keene State College Public
Safety Management System;
$1,000,000 for the computer-aided dispatch system
for Sedgwick County, KS;
$400,000 for law enforcement communications
equipment in Osceola, FL;
$400,000 for a Technical Interoperability Project,
NY;
$175,000 to the Billings, MT, Police Department to
enhance the mobile data technology to provide constant
locations of all cars;
$700,000 for equipment upgrades, City of Gary, IN;
$500,000 for the City of Fairfield, CA, Police CAD/
RMS Dispatch and Records Project;
$2,277,000 to the Southeastern Law Enforcement
Technology Center to partner with SPAWAR System Center
Charleston to advance research and development into
software radio technology;
$475,000 for Salem County, NJ, for law enforcement
communications equipment;
$250,000 to Brown County, SD, to integrate
communications systems with law enforcement;
$250,000 to the South Dakota Police Chiefs'
Association and South Dakota Sheriffs' Association for
technology and equipment;
$250,000 for the Adams County, IL, Sheriff's
Department to upgrade law enforcement and communication
technologies and to modernize equipment;
$1,050,000 for police technology grants to be
equally divided between the cities of Barre, St.
Albans, and Springfield, VT;
$850,000 to the City of Greenville, SC, Police
Department for communication system upgrades;
$900,000 to the Southeastern Law Enforcement
Technology Center for the deployment of shot spotter
technology;
$2,000,000 to the State of Alaska for training
Village Public Safety Officers and small village police
offices and acquisition of emergency response and
search and rescue equipment for rural communities;
$350,000 to the Newberry County, SC, Sheriff's
Department for the purchase of mobile data computers;
$350,000 to Abbeville, SC, Sheriff's Department for
mobile data computers and in-car cameras;
$1,000,000 for a grant to the Southeastern Law
Enforcement Technology Center's Coastal Plain Police
Communications initiative for regional law enforcement
communications equipment;
$300,000 for Spartanburg County, SC, for an
advanced emergency communications system;
$300,000 to the Union County, SC, Sheriff's
Department for mobile data computers and communications
upgrades;
$300,000 to the Greenwood County, SC, Sheriff's
Department for the purchase of mobile data computers
and communications upgrades;
$1,000,000 to the South Carolina Law Enforcement
Division to continue funding for equipment to support a
Federal and State collaboration of investigators and
forensics experts to solve high technology crimes
through one center;
$350,000 to the Hampton County, SC, Sheriff's
Department for the purchase of computers and
surveillance equipment necessary to patrol high crime
areas of the county;
$300,000 for the Jasper County, SC, Sheriff's
Department for the purchase of mobile data computers
and in-car cameras;
$2,500,000 to Berkeley, Charleston and Dorchester
Counties, SC, for a shared information system for local
law enforcement;
$20,000 to the Yemassee, SC, Police Department for
the purchase of radios and in-car cameras;
$1,000,000 to the State of Wisconsin's Office of
Justice Assistance to create an integrated data-sharing
system linking the criminal justice system throughout
the State;
$1,000,000 for Wayne County, MI, for communications
equipment and to complete its Global Positioning System
project;
$635,000 for the Arkansas Justice Xchange Project;
$900,000 for the Internet Project at the Criminal
Justice Institute;
$2,100,000 for the Wireless Network and Mobile Data
Terminal Program in the City of Jackson, TN;
$400,000 for the Colorado Sex Offender Registry;
$500,000 to procure and evaluate Voice Monitoring
and Logging equipment with embedded TACSCAN capability
at designated locations;
$50,000 for investigative capability of the Kansas
Bureau of Investigation's Computer Crime Section;
$1,000,000 for the Enforcement Technology Program
in the City of Macon, GA;
$350,000 for VeriTracks in Georgia;
$2,500,000 for the Harrison County, MS, Public
Safety Automated Systems;
$2,500,000 for the Land Mobile Radio project in
Alaska;
$750,000 for the Criminal Justice Information
Integration Project, City of Minneapolis, MN;
$1,500,000 for Harris County, TX, to purchase and
install new interoperable radio hardware and software
to provide and further enhance interoperable radio
communications for public safety and first responders
in the region;
$1,000,000 for law enforcement training equipment,
City of Council Bluffs, IA;
$500,000 for Fairbanks, AK, Criminal Justice Data
Sharing;
$3,000,000 for the Consolidated Advanced
Technologies for Law Enforcement (CAT lab) program at
the University of New Hampshire;
$1,000,000 to the City of Allentown, PA, to develop
computer mapping and weekly accountability sessions;
$125,000 for the Plymouth State College, NH, police
department for technology upgrades;
$1,250,000 for the Records Interoperability
Initiative through the Consolidated Advanced
Technologies for Law Enforcement;
$3,000,000 for the J-ONE information system in New
Hampshire;
$2,500,000 to the Kenai Peninsula, AK, Borough
Emergency Operations Center;
$1,000,000 to the University of Kentucky's Law
School Electronic Access Project;
$3,000,000 for technology and equipment for the New
Hampshire Department of Safety Statewide Interagency
Emergency Operations and Communications System Center;
$2,000,000 to provide digital radio equipment and
technology to the New Hampshire Department of Safety;
$500,000 for the Matanuska Susitna, AK, Borough
Emergency Response Radio Network;
$2,000,000 for the Oklahoma Department of Public
Safety for law enforcement equipment;
$250,000 to the New Hampshire Police Standards and
Training for technology and upgrades;
$1,000,000 for a replacement communications system
for Buchanan County, Missouri, the City of St. Joseph,
and Heartland Health Law Enforcement Communications
System;
$2,000,000 for law enforcement technologies to be
split evenly between the City of Tuscon, AZ, Police
Department and the Cochise County, AZ, Police
Department;
$3,000,000 for the Stark County, OH, Sheriff's
Department for law enforcement technologies;
$2,000,000 for a Regional Law Enforcement
Technologies Program in Kentucky;
$3,000,000 for the Simulated Prison Environment
Crisis Aversion Tools for programs in Alabama, North
Carolina and Pennsylvania;
$100,000 for the New Orleans Metropolitan Crime
Commission;
$150,000 for the Rapides Parish, LA, Sheriff's
Department for law enforcement technologies;
$250,000 for the Loudoun County, VA, Sheriff's
Department for law enforcement technologies;
$62,000 for the Town of Herndon, VA, Police
Department for information technology requirements;
$500,000 for the Key West, FL, Police Department
for law enforcement technologies;
$50,000 for the Fauquier, VA, Sheriff's Department
for a mobile data system;
$400,000 for the Fairfax County, VA, Police
Department for law enforcement technologies;
$2,000,000 for the Virginia Department of Criminal
Justice Services, for the Integrated Criminal Justice
Information System;
$80,000 for Hanceville, Douglas, Arab, and Blount
County, AL, Police Departments for law enforcement
technologies;
$2,000,000 for technology enhancements for law
enforcement agencies in Middle Rio Grande Border Region
of Texas;
$2,000,000 for the Criminal Information Sharing
Alliance Network;
$500,000 for the Florida Department of Corrections
for a system to electronically monitor criminal
probationers and link their location to crime events;
$1,000,000 for Carlsbad, CA, for the Automated
Regional Justice Information System;
$2,000,000 for I-SAFE America;
$1,500,000 for the Morris County, NJ, Police
Department for law enforcement technologies;
$290,000 for Southside Virginia law enforcement
agencies for law enforcement technologies;
$750,000 for the Placer County, CA, Sheriff's
Department for law enforcement technologies;
$500,000 for the Plumas County, CA, Sheriff's
Department for law enforcement technologies;
$100,000 for the Pickaway County, OH, Sheriff's
Department for law enforcement technologies;
$500,000 for the Great Cities University Coalition
to improve criminal justice data systems;
$250,000 for the City of Moultrie, GA, Police
Department for law enforcement equipment;
$500,000 for the Scott County, IL, Sheriff's
Department and the City of Winchester, IL, Police
Department for law enforcement technologies;
$750,000 for the East Valley Community Justice
Center in CA;
$250,000 for the San Bernardino, CA, Police
Department for mobile data terminals;
$17,000 for the Anchorage, KY, Police Department
for law enforcement technologies;
$100,000 for the Audubon Park, KY, Police
Department for mobile data terminals and in-car video
cameras;
$25,000 for the Jeffersontown, KY, Police
Department for in-car video cameras;
$750,000 for the Louisville, KY, Metro Police
Department for mobile data terminals, in-car video
cameras and other law enforcement equipment;
$500,000 for the Idaho State Police for mobile data
computers;
$500,000 for the Onondaga County, NY, Sheriff's
Office for crime fighting technologies including
cameras and video equipment, and mobile data terminals;
$125,000 for the City of Syracuse, NY, Police
Department for mobile data terminals;
$700,000 for the City of Clearwater, FL, Police
Department for law enforcement technologies;
$700,000 for the Pinellas County, FL, Sheriff's
Department for information technology equipment;
$700,000 for the City of Largo, FL, Police
Department for laptop computers for patrol cars;
$1,000,000 for the Los Angeles County, CA,
Sheriff's Department for law enforcement technologies;
$50,000 for the Wyoming and Livingston Counties,
NY, Sheriffs' Departments for law enforcement
technologies;
$590,000 for Greene County, MO, for law enforcement
technologies including an integrated justice system,
video equipment for courtrooms, and information
technologies for law enforcement;
$350,000 for Carl Junction, MO, for law enforcement
technologies;
$1,000,000 for Greater Harris County, TX, for in-
car police technologies;
$523,000 for St. Charles, IL, Police Department for
law enforcement technologies;
$150,000 for the Hernando County, FL, Sheriff's
Office for law enforcement technologies;
$250,000 for the Hanover County, VA, Sheriff's
Office for law enforcement technologies;
$125,000 for the Town of Culpeper, VA, Police
Department and the Culpeper County VA, Sheriff's Office
for law enforcement technologies;
$75,000 for the Louisa County, VA, Sheriff's Office
for law enforcement technologies;
$50,000 for the Page County, VA, Sheriff's Office
for law enforcement technologies;
$300,000 for the Lake County, IL, Integrated
Criminal Justice Information System;
$250,000 for the York County, VA, Sheriff's
Department for law enforcement technologies;
$250,000 for the Stafford County, VA, Sheriff's
Department for law enforcement technologies;
$100,000 for the Chesterfield County, VA, Police
Department for law enforcement technologies;
$200,000 for the City of Suffolk, VA, Police
Department for law enforcement technologies;
$200,000 for the City of Chesapeake, VA, Police
Department for law enforcement technologies;
$40,000 for the Northampton County, VA, Sheriff's
Office for in-car video cameras;
$50,000 for the Accomack County, VA, Sheriff's
Office for in-car video cameras;
$410,000 for the Virginia Beach Police Department
for law enforcement technologies;
$100,000 for the St. Clair County, AL, Sheriff's
Department for law enforcement technologies;
$100,000 for the Jefferson County, AL, Sheriff's
Department for law enforcement technologies;
$3,000,000 for Law Enforcement On-Line;
$300,000 for the Frederick County, MD, Sheriff's
Office for law enforcement technologies;
$3,000,000 for the Center for Criminal Justice
Technology;
$250,000 for Prince William County, VA, for a
regional booking system;
$100,000 for the Lincoln County, NC, Sheriff's
Office for mobile data terminals;
$100,000 for the Rutherford County, NC, Sheriff's
Office for laptop computers;
$100,000 for the Cleveland County, NC, to establish
video arraignment capabilities;
$200,000 for the City of Murrieta, CA, Police
Department for mobile data terminals;
$300,000 for the Saginaw Chippewa Tribal Police
Force;
$80,000 for the City of Charles Town, WV, for an
electronic booking, fingerprint, and live scan systems
and mobile data terminals;
$500,000 for the Cincinnati, OH, Police Department
for a records management system;
$200,000 for the Loudon County, TN, Police
Department for mobile data terminals;
$180,000 for the City of Oviedo, FL, Police
Department for law enforcement technologies;
$50,000 for the Hillsborough, NJ, Police Department
for mobile data terminals;
$160,000 for the Clark County, KY, Sheriff's
Department for law enforcement technologies;
$500,000 for the Cobb County, GA, Sheriff's
Department for a multi-level law enforcement technology
system;
$500,000 for a consolidated law enforcement network
for Rockingham County, VA, and the City of
Harrisonburg, VA;
$250,000 for Lumber River, NC, for law enforcement
technologies;
$250,000 for the Cabarrus County, NC, Sheriff's
Department for a records management system;
$250,000 for Cape Fear, NC, for mobile data
terminals for law enforcement;
$200,000 for the Maitland, FL, Police Department
for mobile data terminals;
$750,000 for the St. Clair, MI, Sheriff's
Department for law enforcement technologies;
$200,000 for the City of Greenville, NC, Police
Department for mobile data terminals;
$20,000 for the Madison Township, OH, Police
Department for mobile data terminals;
$300,000 for the Sacramento County, CA, Sheriff's
Department for IT infrastructure upgrades including the
Sheriff's Information Management System;
$300,000 for the City of Lancaster, PA, Police
Department for law enforcement technologies;
$250,000 for the County of Contra Costa, CA, for an
integrated justice information system;
$235,000 for the Navajo Nation in Arizona for law
enforcement technologies;
$235,000 for the San Carlos Tribe in Arizona for
law enforcement technologies;
$40,000 for Yavapai County, AZ, for law enforcement
technologies;
$300,000 for the City of West Palm Beach, FL,
Police Department for law enforcement technologies;
$250,000 for the City of Gainesville, FL, Police
Department and the Alachua County Sheriff's Office for
a crime data and mapping system;
$250,000 for the Cities of Bayamon and Guaynabo,
PR, for enhanced law enforcement and crime prevention
capabilities;
$300,000 for the Manchester Township, NJ, Police
Department for law enforcement technologies;
$137,000 for the Hamilton Township, NJ, Police
Department for law enforcement technologies;
$300,000 for Kalamazoo County, MI, for an
integrated justice management system;
$300,000 for Kankakee County, IL, for an integrated
criminal justice system;
$500,000 for the Sandy City, UT, Police Department
and Justice Court for law enforcement technology
improvements;
$500,000 for the Calvert County, MD, Sheriff's
Department for squad car mobile data terminals;
$1,000,000 for the Maryland State Police Department
for a police vehicle technology system;
$750,000 for the City of San Francisco, CA, to
implement the Justice Information Tracking System;
$1,000,000 for San Francisco, CA, Bay Area law
enforcement technology systems;
$1,000,000 for the City of Bastrop, LA, for law
enforcement technology enhancements;
$255,000 for the Suffolk County, NY, Police
Department for law enforcement technology;
$500,000 for the City of Des Moines, IA, for law
enforcement technology;
$40,000 for the Whitpain Township, PA, Police
Department for law enforcement technologies;
$250,000 for the Philadelphia, PA, Police
Department for law enforcement technologies;
$500,000 for Clackamas County, OR, for law
enforcement technologies;
$250,000 for Luzerne County, PA, for law
enforcement technologies;
$300,000 for the Cities of Sumas, Lynden, and
Blaine, WA, for law enforcement technologies;
$750,000 for the Snohomish County, WA, Sheriff's
Department for palm-imaging technology;
$500,000 for the City of Macon, GA, Police
Department for law enforcement technologies;
$50,000 for the Town of Lexington, AL, Police
Department for law enforcement technologies;
$600,000 for the Cumberland, RI, Police Department
for technology upgrades;
$250,000 for the North Providence, RI, Police
Department for law enforcement technologies;
$2,000,000 for the City of Minneapolis and Hennepin
County, MN, for law enforcement technologies;
$500,000 for AMBERVIEW;
$500,000 for the Steganography Analysis and
Research Center;
$750,000 for the Kitsap County, WA, Sheriff's
Department for law enforcement technologies;
$300,000 for the Erie County, OH, Sheriff's
Department for technology improvements;
$150,000 for the Lucas County, OH, Sheriff's
Department for technology improvements;
$100,000 for the Town of Greenburgh, NY, Police
Department for law enforcement technologies;
$125,000 for the Town of Haverstraw, NY, for a
targeting technology project;
$30,000 for the Village of Rye Brook, NY, for law
enforcement technology equipment;
$38,000 for the Village of Tuckahoe, NY, Police
Department for law enforcement technology;
$280,000 for Westchester County, NY, for law
enforcement equipment;
$420,000 for the Counties of Westchester and
Rockland, NY, for law enforcement technologies;
$210,000 for California University of Pennsylvania
for support of the Crime Mapping Center;
$500,000 for Somerset, Fayette, Greene and
Washington Counties, PA, for law enforcement
technologies;
$125,000 for the West Springfield, MA, Police
Department for technology upgrades;
$350,000 for the Worcester County, MA, Sheriff's
Office for technology upgrades;
$100,000 for the Pittsfield, MA, Police Department
for technology upgrades;
$300,000 for the Lake County, IN, Sheriff's
Deptment for law enforcement technologies;
$300,000 for the Porter County, IN, Sheriff's
Office for law enforcement technologies;
$500,000 for the Arkansas State Police for law
enforcement technologies;
$100,000 for Georgia State University to implement
an Improved Crime Data system;
$500,000 for the Marion County, SC, Sheriff's
Department to implement a records management system;
$500,000 for the Shelton, CT, Police Department for
law enforcement technologies;
$100,000 for the Woodbridge, CT, Police Department
for law enforcement technologies;
$250,000 for the City of Dallas, TX, for law
enforcement technologies;
$500,000 for the University of Texas at Arlington
to conduct law enforcement research;
$500,000 for Tompkins County, NY, for law
enforcement technologies;
$150,000 for the Worcester Polytechnic Institute
for the development of law enforcement technologies;
$250,000 for the Phoenix, AZ, Police Department for
law enforcement technologies;
$250,000 for the Chapel Hill and Cary, NC, Police
Departments to provide in-car video cameras and other
law enforcement technologies;
$150,000 for Bergen County, NJ, for law enforcement
technologies;
$250,000 for the City of Madison, WI, for law
enforcement technology upgrades;
$200,000 for the City of Sun Prairie, WI, for law
enforcement technologies;
$200,000 for Westchester County, NY, for a Criminal
Justice Data Warehouse;
$100,000 for the Milwaukee County, WI, Sheriff's
Department for upgrading their mobile data computer
system;
$500,000 for Hudson County, NJ, for law enforcement
technologies;
$150,000 for the City of Pomona, CA, for law
enforcement technologies;
$300,000 for the El Paso, TX, Sheriff's Department
for law enforcement technology upgrades;
$200,000 for the City of Lakewood, CA, Sheriff
Station for technology improvements;
$50,000 for the City of Fullerton, CA, for law
enforcement technologies;
$200,000 for the West Covina, CA, Police Department
for law enforcement technology improvements;
$100,000 for the Henderson, NC, Police Department
for law enforcement technologies;
$200,000 for the California Highway Patrol for law
enforcement technology upgrades;
$100,000 for the City of Portland, OR, Police
Department for law enforcement technologies;
$150,000 for the San Luis Obispo, CA, County
Sheriff's Department for law enforcement equipment;
$100,000 for the Government of the Virgin Islands
for law enforcement technologies;
$300,000 for the City of Detroit, MI, for law
enforcement technologies;
$100,000 for the City of San Diego, CA, for law
enforcement technologies;
$100,000 for the City and County of Denver, CO, for
law enforcement technologies;
$150,000 for the City of Austin, TX, Police
Department for technology improvements;
$100,000 for the Borough of Spotswood, NJ, for law
enforcement technologies;
$45,000 for West Windsor Township, NJ, for law
enforcement technologies;
$30,000 for the Grand Coteau, LA, Police Department
for law enforcement technologies;
$50,000 for the Lafayette, LA, Police Department
for law enforcement technologies;
$20,000 for the Sunset, LA, Police Department for
law enforcement technologies;
$100,000 for Jefferson County, TX, for law
enforcement technology upgrades;
$300,000 for Sacramento County, CA, for law
enforcement technologies;
$100,000 for the Jackson County, MO, Sheriff's
Department for law enforcement technologies;
$100,000 for the City of St. Paul, MN, Police
Department for law enforcement technologies;
$100,000 for the City of Baltimore, MD, Police
Department to install in-vehicle video cameras;
$200,000 for the Missouri Police Chiefs Association
for law enforcement technology upgrades;
$50,000 for Nevada County, AR, for law enforcement
technologies;
$100,000 for the Little Rock, AR, Police Department
for law enforcement technologies;
$100,000 for Tega Cay, SC, for law enforcement
technologies;
$250,000 for Charlevoix-Cheboygan-Emmett, MI, for
law enforcement technologies;
$100,000 for the Jackson County, MS, Sheriff's
Department for law enforcement technologies;
$100,000 for the City of Jackson, MS, for law
enforcement technologies;
$100,000 for the Essex County, MA, Sheriff's
Department for law enforcement technologies;
$100,000 for ``A Child Is Missing'' for telephony
research to locate missing persons;
$100,000 for the City of Rockville, MD, for law
enforcement technologies;
$100,000 for the University of Southern California
Advanced Simulation Training for law enforcement
research;
$100,000 for the Haverhill, MA, Police Department
for law enforcement technologies for the Crime Analysis
Unit;
$100,000 for the Minnesota Association of County
Probation Officers for law enforcement technologies;
$100,000 for the City of Evanston, IL, for law
enforcement technologies;
$100,000 for Sumner, Macon, Bedford, Robertson,
Wilson, and Putnam (TN) Counties for law enforcement
technologies;
$100,000 for the Long Beach, CA, Police Department
for law enforcement technologies;
$100,000 for the City of Inglewood, CA, for law
enforcement technologies;
$100,000 for the City of Santa Rosa, CA, for law
enforcement technologies;
$100,000 for the State of North Carolina for law
enforcement technologies;
$100,000 for the Milburn, NJ, Police Department for
law enforcement technologies.
Crime Identification Technology Act.--The conference
agreement includes $24,226,000 for the Crime Identification
Technology Act program, of which $5,000,000 shall be available
for the Safe Schools Technology program.
The Committee has provided $2,500,000 for the Alaska
Criminal Justice Information System to integrate Federal, State
and local criminal records along with social service and other
records. It expects the system design to include the capability
to provide background checks on potential child care workers
for child care providers and families with the permission of
the job applicant. The State should consult with the National
Instant Check System for technical expertise. Within the
overall amounts recommended, the conferees expect OJP to
examine each of the following proposals, to provide grants if
warranted, and to submit a report to the Committees on
Appropriations on its intentions for each proposal:
$4,000,000 for West Virginia University's Forensic
Identification Program;
$1,500,000 for the South Carolina Law Enforcement
Division [SLED] to continue funding for necessary
equipment for SLED's criminal justice information
system; to convert existing databases and integrate
systems for accurate and rapid processing of
information to support identifications for criminal and
civilian purposes;
$9,400,000 for the South Carolina Judicial
Department to continue purchasing equipment for the
integration of the case docket system into a state-of-
the-art comprehensive database to be shared between the
court system and law enforcement;
$500,000 for the Minnesota Department of Public
Safety's CriMNet system;
$1,000,000 for the establishment of a forensic DNA
analysis lab at North Dakota State University;
$170,000 for the Case Management/Central Docketing
System in Kansas;
$600,000 for the Orem City, UT, Consolidated
Records Management System; and
$56,000 for the Kansas Telephone-Toll Analysis
System.
DNA Initiative.--The conference agreement includes
$100,000,000 for a DNA initiative of which $55,000,000 shall be
for eliminating the casework backlog; $5,000,000 shall be for
eliminating the offender backlog; $30,000,000 shall be for
strengthening crime lab capacity; $5,000,000 shall be for
training the criminal justice community; and $5,000,000 shall
be for using DNA to identify missing persons.
Improving Forensic Capabilities.--In addition to funding
provided for the DNA initiative, the conference agreement
provides $10,000,000 for Paul Coverdell Forensic Sciences
Improvement grants.
The National Institute of Justice [NIJ], in conjunction
with its own Office of Science & Technology, the American
Society of Crime Lab Directors, the American Academy of
Forensic Sciences, the International Association for
Identification, and the National Association of Medical
Examiners, is directed to develop a plan which will address the
needs of the crime lab and medical examiner community beyond
the ``DNA Initiative'' and report back to the Committees on
Appropriations no later than 180 days from the date of
enactment of this Act. The report should address the following:
(1) manpower and equipment needs; (2) continuing education
policies; (3) professionalism and accreditation standards; and
(4) the level of collaboration needed between Federal forensic
science labs and State/local forensic science labs for the
administration of justice.
Southwest Border Prosecutors.--The conference agreement
includes $30,000,000 for the Southwest Border Prosecutors
initiative. The conference agreement adopts by reference the
House report language directing the Department to study whether
a similar number of cases are being referred to local
prosecutors from Federal arrests along the Northern border. The
Department shall report its findings to the Committees on
Appropriations within 90 days of enactment of this Act.
Safe Schools Initiative.--The conference agreement
includes $4,600,000 for programs aimed at preventing violence
in public schools, and to support the assignment of officers to
work in collaboration with schools and community-based
organizations to address the threat of terrorism, crime,
disorder, gangs, and drug activities.
Within the amount provided, the COPS office should
examine each of the following proposals, provide grants if
warranted, and submit a report to the Committees on
Appropriations on its intentions for each proposal:
$750,000 for Alaska's Community in Schools
Mentoring Program;
$1,000,000 for the University of Montana to
facilitate a statewide community-based curriculum
development initiative that promotes responsible
behavior and reduces youth violence in schools and
communities;
$250,000 to the Sioux Falls School District, in
Sioux Falls, SD, for the Department of Corrections to
School Transition Project;
$250,000 for the Rock Island County, IL, Regional
Office of Education to implement the Step Ahead
Program;
$500,000 for the New England Amer-I-Can Program;
$150,000 for the Uhlich Children's Home, IL, to
support its school-based violence prevention,
mentoring, leadership, and training programs;
$1,500,000 to provide community-based, cost
effective alternative programs for juveniles who are,
have been or may be subject to compulsory care,
supervision or incarceration in public or private
institutions in several States including South
Carolina;
$200,000 for the Merit School of Music's after-
school program.
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
The conference agreement includes $387,629,000 for
violence against women prevention and prosecution programs as
proposed by the House. The Senate bill provided funding for
these programs under the State and Local Law Enforcement
Assistance account. The following table outlines the funding
provided in the conference agreement:
[In thousands of dollars]
Program Conference
STOP Grants............................................. $168,334
(National Institute of Justice--R&D)................ (5,200)
(Safe Start Program)................................ (10,000)
(Bureau of Justice Statistics)...................... --
CASA (Special Advocates)................................ 11,897
Training for Judicial Personnel......................... 2,281
Grants for Televised Testimony.......................... 994
Grants to Encourage Arrest Policies..................... 64,503
Rural Domestic Violence Assistance Grants............... 39,685
Training Programs....................................... 4,957
Stalking Database....................................... 2,981
Violence on College Campuses............................ 9,935
Civil Legal Assistance.................................. 39,740
Elder Abuse Grant Program............................... 4,968
Safe Haven Project...................................... 14,903
Transitional Housing.................................... 15,000
Educ. & Training for Disabled Female Victims............ 7,451
--------------------------------------------------------
____________________________________________________
Total............................................. 387,629
JUVENILE JUSTICE PROGRAMS
The conference agreement includes $352,700,000 for
Juvenile Justice programs, instead of $462,282,000 as proposed
by the House and $232,330,000 as proposed by the Senate. The
conference agreement provides for the following programs:
Juvenile Justice Programs
[In thousands of dollars]
Amount
Management/Administration............................... $3,600
Part B--Formula Grants.................................. 84,000
Part D--Research, Eval., Tech. Assist. & Training....... 2,500
Part E--Developing New Initiatives...................... 79,600
Title V--Incentive Grants............................... 80,000
(Tribal Youth)...................................... (10,000)
(Gang Prevention)................................... (20,000)
(Enforcing Underage Drinking Laws).................. (25,000)
(Big Brothers and Big Sisters)...................... (6,000)
Project Sentry.......................................... 15,000
Secure Our Schools Act.................................. 10,000
Victims of Child Abuse Act Programs..................... 13,000
Juvenile Accountability Block Grant Program............. 60,000
Project ChildSafe....................................... 5,000
--------------------------------------------------------
____________________________________________________
Total............................................. 352,700
State Formula Grants.--The conference agreement includes
$84,000,000 for the Part B--State Formula grants. The conferees
ask Governors and relevant State and local officials to review
the following proposals and provide grants if warranted: A
Child Is Missing Program in Rhode Island; After School Program,
YMCA of Greater Indianapolis; Alabama Community Intensive
Treatment Program; Azalea Road Park Program in North Carolina;
Beating the Odds Program of Pennsylvania; Boys and Girls Home
of Nebraska Juvenile Justice Programs; Words Can Heal Program
of Colorado; New York City High Risk Neighborhood Delinquency
Reduction Program; Disproportionate Minority Youth Confinement
Pilot of Michigan; California Law Enforcement Internet Safety
for Children; Champ Chicota Youth Mentoring Program in
Louisiana; Children Who Witness Violence Program, Cleveland,
Ohio; Children's Law Center of Maine; Community Empowerment
Association's `Friend-2-Friend' Mentoring Program of
Pennsylvania; Community Juvenile Justice Center of Montana;
Community Outreach to Low-Income Families, Main Street
Counseling of Orange, New Jersey; Comprehensive Child Abuse
Center of Virginia; Family First Foundation of Pennsylvania;
Iowa YMCA Rural Youth Mentoring Initiative; Juvenile Justice
Center at Suffolk University; Leadership Academy, Abbeville,
Alabama; Life Directions Peer Mentoring Partnership of Oregon;
Louisiana Youth Seminar; Marion County, Oregon Juvenile Co-
Occurring Disorders Pilot Project; Maine KidsPeace Therapeutic
Foster Care Offices; Milwaukee Summer Stars; Kansas Temporary
Lodging for Children Program; Milwaukee Youth Empowerment
Sites; North Carolina KidsPeace Therapeutic Foster Care; Nevada
Gang Database; New Mexico Cooperative Extension After-School
Program; Omaha Council Bluffs Metropolitan YMCA; Our Club
Program, Pulaski County, Arkansas Council for Children and
Youth Services; Program for At Risk Youth, Greater Miami Tennis
Foundation; Project Youth Anti-Violence Education in Kansas;
Relief Nursery Services to Children of Incarcerated Parents in
Oregon; RiverRangers After-School Program of Rhode Island;
Safer Learning Center of Illinois; SPEAK UP Hotline in New York; STOP
the Violence--Students Taking On Prevention of California; Teen Angels
program in New Jersey; The Restitution Earned, Accountability Learned
Program in Nevada; New York City Commercial Sexual Exploitation of
Children Program; Tuscaloosa YMCA At-Risk Youth Program; University of
Delaware's Center for Drug and Alcohol Studies; Urban League of Eastern
Massachusetts After-School Program; Youth Shelter Project in Clatsop
County, Oregon; and Youth, Prepared for Success, New Jersey Council of
Urban Leagues.
Discretionary Grants.--The conference agreement includes
$79,600,000 for part E programs. Within the amounts provided,
OJP is expected to review the following proposals, provide
grants if warranted, and report to the Committees on
Appropriations on its intentions.
$423,000 for improvements to the Juvenile Justice
Information System in the State of Hawaii;
$2,000,000 for the First Tee program;
$310,000 for the Tuscaloosa YMCA At-Risk Youth
Program;
$2,000,000 for the Alaska Child Abuse Investigation
Program;
$4,000,000 for the Eisenhower Foundation for the
Youth Safe Haven program;
$1,000,000 for Missouri Juvenile Justice
Information System;
$25,000 for the Capitol Area Boy Scouts;
$150,000 for the Leadership Academy, Abbeville,
Alabama;
$600,000 for the Alaska Children's Trust;
$547,000 for the National Child Protection
Development and Training Center at Winona State
University;
$750,000 to the Alaska Mentoring Demonstration
Project;
$375,000 for the YMCA of Albuquerque, NM, for
after-school programs for at-risk children;
$600,000 for the Birmingham Educational Technology
Center;
$3,000,000 for the Cal Ripken Sr. Foundation for
youth prevention programs aimed at leadership,
teamwork, and drug prevention;
$100,000 for the City of Wrangell, AK, Youth Court;
$750,000 for Court House, Inc. Youth Programs, CO;
$1,500,000 for the Crimes Against Children Research
Center, NH;
$2,000,000 to expand and replicate the Girl Scouts'
Beyond Bars and PAVE programs;
$1,500,000 for the Girls and Boys Town USA National
Projects;
$5,000,000 for continuation and expansion of the
Junior Achievement program;
$500,000 for the Juvenile and Offender Treatment
and Prevention Project in Tulsa County, OK;
$400,000 for the juvenile fire setting prevention
program;
$500,000 for LOVE Social Services in Fairbanks, AK;
$600,000 for Pennsylvania's Martin Luther King, Jr.
Center for Non-Violence to continue its Life Skills
program which enables students to work alongside
business and industry mentors;
$1,900,000 for the National, Coordinated Law-
Related Education program;
$300,000 for the Ohio Attorney General's Office
Amber Alert/SORN Program;
$300,000 for the Open Door Youth Gang Alternative;
$250,000 to Opportunities Industrialization Centers
of America [OIC] for a program that works with
adjudicated youth and provides alternative sentencing
and job skills;
$500,000 for the outdoor education and outreach
program run by the Daniel Webster Council of the Boy
Scouts of America;
$50,000 for operations at the Prevent Child Abuse
New Hampshire program;
$150,000 for the Teen Shelter Project in Alabama;
$1,000,000 to Western Kentucky University Spotlight
Youth;
$800,000 for the Youth Violence Prevention Research
Project at the University of South Alabama;
$350,000 for the Rialto, CA, Police Activities
League [PAL] Program;
$250,000 for prevention of the commercial sexual
exploitation of children;
$300,000 for the Wynona Lipman Child Advocacy
Center in Newark, NJ;
$200,000 for Covenant House New Jersey for its
Rights of Passage Program;
$250,000 to the Oglala Sioux Tribe in Pine Ridge,
SD, for the Flowering Tree program;
$250,000 to Our Home, Inc. in Huron South Dakota
for programming and equipment at its Parkston, SD,
juvenile group care facility;
$300,000 for the Los Angeles, CA, CLEAR Program;
$300,000 for the Iowa Child Advocacy Domestic
Violence Initiative;
$2,000,000 for the South Carolina Truancy and
Dropout Prevention Initiative;
$750,000 to the Low Country Children's Center in
South Carolina for continued support for a
collaborative effort among local organizations in
Charleston that provide full services to children who
have been abused;
$300,000 to the Vermont Children Forum;
$250,000 to Prevent Child Abuse Vermont to test its
child abuse prevention model on a state-wide basis;
$245,000 to South Dakota Coalition for Children;
$75,000 for the Children's Treatment Program in the
Sioux Falls Rape and Domestic Abuse Center;
$500,000 for the State of Wisconsin Office of
Justice Assistance to create a program that provides
services to children who witness adult domestic
violence;
$900,000 to the Wisconsin Families and Schools
Together [FAST] program;
$900,000 for the Wisconsin Safe and Sound Program
based in Milwaukee, WI;
$300,000 for the Milwaukee Summer Stars;
$200,000 to the Rutland, VT, Area Prevention
Coalition;
$300,000 for Project Return--Washington County, VT;
$150,000 for the City of Battle Creek, MI, to
implement the Around the CLOCK program;
$100,000 to the Omaha Boys and Girls Club Gang
Prevention Project;
$1,400,000 for the Las Vegas, NV, Family
Development Foundation;
$1,750,000 for the National Council of Juvenile and
Family Court Judges;
$100,000 for the Grant Sawyer Center for Justice
Studies at the University of Nevada, Reno;
$250,000 for the Saginaw Youth Program;
$250,000 for the Multnomah County Oregon Children's
Receiving Center;
$350,000 for the Recovery and Progress Drug Court:
Breaking the Cycle of Juvenile Drug Abuse;
$600,000 for the Northwestern University's Juvenile
Project;
$1,000,000 for World Vision for at-risk youth
programs;
$2,000,000 for Parents Anonymous;
$624,000 for the Teens, Crime and Community
program;
$250,000 for the Family, Career, and Community
Leaders of America `Stop the Violence' program;
$300,000 for Prevent Child Abuse America for the
programs of the National Family Support Roundtable;
$40,000 for Partnership for Prevention for juvenile
delinquency prevention programs;
$500,000 for Learning for Life;
$350,000 for the Virginia Attorney General's Office
for Class Action and other educational programs in
Virginia schools;
$3,000,000 for the Hamilton Fish National Institute
on School and Community Violence;
$1,000,000 shall be for a national conference on
domestic trafficking and prostitution. This conference,
to be led by the Department of Justice, shall include
participation from Federal, State and local prosecutors
and law enforcement, as well as nongovernmental
organizations and community leaders. Over the past
several years, the conferees have provided a
significant level of resources to the Department of
State to combat international human trafficking. This
national conference shall begin to address the problems
of trafficking and prostitution within the United
States;
$500,000 for the Farmington Children's Home for
delinquency prevention programs;
$202,000 for the Comin' Up youth gang prevention
program;
$250,000 for Detroit Rescue Mission Ministries for
a youth corrections program;
$250,000 for a gambling addiction prevention
program for at-risk youth in Peoria, IL;
$250,000 for the IMPACT/Night Light Program in San
Bernardino County, CA, to team police officers with
probation officers to reduce juvenile crime;
$750,000 for the Child Endangerment Response
Coalition in Spokane, WA;
$100,000 for the Center for Women and Children,
Inc. for a child abuse prevention program;
$250,000 for the Healing Tree Program for
collaborative efforts with law enforcement to prevent
child abuse;
$250,000 for the Best Friends Foundation for
delinquency prevention programs;
$300,000 for the Community Prosecuting Attorney
Service System--Safe School Initiative;
$500,000 for St. Petersburg, FL, for a delinquency
prevention program;
$400,000 for the YMCA of Suncoast in Dunedin, FL,
for an at-risk youth program;
$250,000 for the Pinellas County, FL, Police
Athletic League;
$250,000 for the CASA program in St. Petersburg,
FL;
$500,000 for the Florida Gulf Coast University
Interagency Family Assessment Team program for at-risk
youth;
$200,000 for the Will County, IL, Children's
Advocacy Center;
$250,000 for the Gracious Promise Foundation for
Project Incarceration Cycle Escape for Kids;
$500,000 for the ARISE Foundation;
$300,000 for an at-risk youth program in Harrison
Township in Allegheny County, PA;
$100,000 for Laurinburg, NC, for a juvenile
delinquency program;
$300,000 for the University of Connecticut for a
juvenile delinquency prevention program;
$250,000 for the Residential Care Consortium for
delinquency prevention programs;
$300,000 for the Yellowstone Boys and Girls Ranch
for delinquency prevention programs;
$425,000 for Monroe County, NY, for a juvenile
justice integration initiative;
$250,000 for the Casita Maria After-School Program
and Day Camp for at-risk youth;
$200,000 for the Mary Mitchell Family and Youth
Center to fund programs for at-risk youth;
$200,000 for Suffolk County, NY, for the District
Attorney's anti-gang initiative;
$400,000 for the City of Florence, KY, for the SAFE
Schools Model City program;
$500,000 for the Granite, UT, School District's
COALITIONS Project for at-risk youth;
$500,000 for the Pine Tree Legal Center's
Children's Law Project (CLP) for the State of Maine;
$200,000 for Girls Incorporated of Huntsville, AL,
to work with at-risk youth;
$250,000 for the National Children's Advocacy
Center;
$100,000 for the Northwest Alabama Children's
Advocacy Center in Florence, AL;
$100,000 for the ``The Teen Shelter'' in
Huntsville, AL, to work with at-risk youth;
$200,000 for ``Philadelphia Safe & Sound'' to
expand its Youth Violence Reduction Partnership in
Philadelphia, PA;
$250,000 for the Father's Day Rally Committee of
Philadelphia, PA, to support youth violence
interdiction programs;
$250,000 for Lucas County, OH, for the Community
Mentoring Partnership for Juveniles;
$250,000 for the Appalachia Juvenile and Family
Rural and Mining Crisis Program;
$150,000 for Fitchburg, MA, for the Montachusett
Opportunity Council Program for At-Risk Youth;
$100,000 for Orange, MA, for the Quabbin Mediation
Youth Violence Prevention Project;
$100,000 for the State of Indiana for the ``No
Workshops, No Jumpshots'' Program;
$100,000 for the Big Brothers and Big Sisters of
South Georgia for ``Buddies in School'';
$50,000 for Americus and Sumter County, GA, for the
``Visions for Sumter'' program;
$75,000 for the Urban League of Greater Columbus,
GA, for the Chattahoochee Court Appointed Special
Advocate Program;
$250,000 for Youth Crime Watch of America;
$500,000 for the City of Macon, GA, for services
for first-time juvenile offenders and to address crime,
gang, and drug problems;
$50,000 for Valdosta Technical College for
``Roadmap to Success'' to support at-risk youth;
$200,000 for the Overtown Youth Center in Miami,
FL, for programs to support at-risk youth;
$250,000 for Chicago, IL, Public Schools for the
``After-School Counts'' and ``After-School Matters''
programs;
$150,000 for the Erikson Institute to develop the
Clinical Assessment and Early Learning Center in
Chicago, IL;
$100,000 for the Village of Riverdale, IL, for the
Youth Intervention Program;
$300,000 for the ``Operation Quality Time'' program
for at-risk youth in Phoenix, AZ;
$25,000 for Secaucus, NJ, to enhance school safety;
$35,000 for Palisades Park, NJ, to enhance school
safety;
$100,000 for the City of Downey, CA, for an anti-
gang program;
$500,000 for a demonstration project to examine
racial disparities in local juvenile justice systems
under Part D and Part E of the JJDPA;
$250,000 for Huntington Park, CA, for juvenile
assistance activities at the Police Department Regional
Youth Center;
$250,000 for the Los Angeles, CA, LA's BEST After
School Enrichment Program;
$375,000 for Long Island University, Tilles Center
for the Performing Arts for arts programs for at-risk
children;
$50,000 for the Studio LAB in Los Angeles, CA, for
the ``Central City Gardens Initiative'';
$100,000 for the Cypress Park Youth and Family
Center in Los Angeles, CA, for programs for at-risk
youths;
$100,000 for El Centro Del Pueblo youth programs;
$100,000 for A Place Called Home in Los Angeles,
CA, for the expansion of the ``Creative Expression''
program;
$500,000 for Soundview Community in Action to
expand and develop additional outreach programs for at-
risk youth in the South Bronx;
$100,000 for the Long Island City/Vanderbilt YMCA's
``Strong Sisters United'' program;
$100,000 for Queens, NY, for a youth development
program to help at-risk youth;
$314,000 to expand and enhance programming for at-
risk youth in New York, NY;
$250,000 for the ``Dispelling Problem Behaviors in
Adjudicated Teens and At-Risk Youth'' initiative in the
Barrio of Corpus Christi, TX;
$300,000 for the Brooklyn Academy of Music for
programs in support of at-risk youth;
$400,000 for the Brooklyn Public Library for
``Library Cadet Program'' in support of at-risk youth;
$50,000 for the Hacienda-La Puente, CA, Unified
School District for the Seniors With Interests in New
Generations Delinquency Prevention Program;
$250,000 for the City of Detroit, MI, for the
Mayor's Time Public Safety and Public Service Academies
in support of at-risk youth;
$250,000 for the University of North Carolina at
Chapel Hill to implement a new ``Career Start'' model
of middle school education to prevent juvenile
delinquency;
$150,000 for the Caribbean American Steel Pan
Education Center in New York for COMMUNITYSAFE;
$200,000 for El Puente's ``Youth Leadership
Center'';
$150,000 for Providence Holy Cross Medical Center
for programs to assist at-risk youth;
$100,000 for the Santa Barbara, CA, Police
Department for the Police Activities League;
$150,000 for the Urban League of Eastern
Massachusetts for programs for at-risk youth;
$200,000 for the Baltimore, MD, City Board of
School Commissioners to develop alternative education
centers for at-risk youth;
$100,000 for Lane County, OR, for the ``Breaking
the Cycle'' program for juveniles;
$100,000 for the Gateway Foundation for programs in
support of at-risk youth;
$100,000 for the National Institute for Law and
Equity for a research project on at-risk juveniles;
$100,000 for the Institute for International Sport
for projects to prevent youth crime;
$250,000 for the Southern Christian Leadership
Conference for juvenile delinquency and mentoring
programs;
$100,000 for the Suffolk University Law School for
the Juvenile Justice Center;
$100,000 for Union County College for the ``College
for Teens'' program for at-risk youth;
$100,000 for the Martin Luther King, Jr. Community
Center in Houston, TX, for juvenile crime prevention
programs;
$150,000 for the Northwest Regional Educational
Laboratory for an after-school program for at-risk
youth;
$100,000 for the Martin Luther King, Jr. Freedom
Center in Oakland, CA, to promote conflict resolution
and decrease youth violence;
$100,000 for the New Jersey Community Development
Corporation for the Paterson Center for At-Risk Youth;
$200,000 for the Southern Vermont Recreation Center
Foundation for at-risk youth crime prevention programs;
$100,000 for the Richmond, VA, Midnight Basketball
League for their ``No Workshops . . . No Jump Shots''
program for at-risk youth;
$100,000 for the Humboldt County, CA, Gang Risk
Intervention Program;
$250,000 for Los Angeles Community Law Enforcement
and Recovery (CLEAR), Hollenbeck Division, for a multi-
jurisdictional program to combat gangs and violence;
$100,000 for delinquency prevention and safe school
programs in North Carolina;
$100,000 for Labor and Industry for Education
(LIFE) in Hewlett, NY, to expand its after school and
prevention programs for at-risk youth.
The conferees recognize Project CRAFT (Community,
Restitution, and Apprenticeship-Focused Training), a program of
the Home Builders Institute, the workforce development arm of
the National Association of Home Builders, as a model
intervention technique in the rehabilitation and reduced
recidivism of adjudicated youth. The conferees encourage OJP to
replicate Project CRAFT.
The conference agreement adopts by reference the House
report language concerning ``hazing'' activities and submission
of a report to the Committee on Appropriations within 180 days
of enactment of this Act on the prevalence of such incidents
and on the strategies that can be used by school and law
enforcement officials to address these problems.
Enforcing the Underage Drinking Laws Program.--Within the
funds provided in Title V, the conference agreement provides
$25,000,000 for grants to assist States in enforcing underage
drinking laws. Within the program for underage drinking, OJP
shall make an award to the Alaska Federation of Natives to
continue an Underage Drinking Prevention Program in rural
Alaska including assessment and education, focusing on the
children of alcoholics.
Gang Prevention.--The conference agreement includes
$20,000,000 for OJP to administer a gang resistance and
education program in conjunction with the Bureau of Alcohol,
Tobacco, Firearms, and Explosives as described in the House
report. OJP shall submit a financial plan to the Committees on
Appropriations within 45 days of enactment of this Act to
describe how this program will be administered.
Victims of Child Abuse Act.--The conference agreement
includes $13,000,000 for the various programs authorized under
the Victims of Child Abuse Act, of which not less than
$9,000,000 shall be available for Child Advocacy Center.
Performance Data.--States and subgrantees shall collect
and submit performance data for juvenile justice programs such
as the Juvenile Accountability Block Grant program, as
determined and approved by the ODJJP Administrator. Subgrantees
shall provide annual performance measurement data in an
Assessment Report to be designated by the State agency.
Designated State agencies shall aggregate data provided by
subgrants and submit such data to OJJDP in the Assessment
Report, due June 30th of each fiscal year. Training and
technical assistance on data collection and reporting will be
made available to grantees and subgrantees.
PUBLIC SAFETY OFFICERS BENEFITS
The conference agreement includes $52,054,000 for this
account, including $3,000,000 for disability benefits. The
conferees fully fund the Department of Justice's latest
estimate for this account.
General Provisions--Department of Justice
(INCLUDING RESCISSIONS)
The conference agreement includes the following general
provisions for the Department of Justice:
Section 101 provides language, included in previous
Appropriations Acts, which makes up to $45,000 of the funds
appropriated to the Department of Justice available to the
Attorney General for reception and representation expenses.
Section 102 provides language, included in Appropriations
Acts for the last seven years and prior to 1994, which
prohibits the use of funds to perform abortions in the Federal
Prison System.
Section 103 provides language, included in previous
Appropriations Acts, which prohibits use of the funds in this
bill to require any person to perform, or facilitate the
performance of, an abortion.
Section 104 provides language, included in previous
Appropriations Acts, which states that nothing in the previous
section removes the obligation of the Director of the Bureau of
Prisons to provide escort services to female inmates who seek
to obtain abortions outside a Federal facility.
Section 105 provides language, included in previous
Appropriations Acts, which allows the Department of Justice to
spend up to $10,000,000 for rewards for information regarding
criminal acts and acts of terrorism against a United States
person or property at levels not to exceed $2,000,000 per
award.
Section 106 provides language similar to language
included in previous Appropriations Acts, which allows the
Department of Justice, subject to the Committee's reprogramming
procedures, to transfer up to 5 percent between any
appropriation, but limits to 10 percent the amount that can be
transferred into any one appropriation.
Section 107 provides language to continue section 114 of
Public Law 107-77 during fiscal year 2004.
Section 108 provides language previously included in
General Administration authorizing the Attorney General to
transfer property to a State or local agency for community-
based programs.
Section 109 includes language providing authorization for
Department of Justice programs until the effective date of a
subsequent Justice authorization act.
Section 110 includes new language regarding ethical
conduct.
Section 111 includes new language regarding additional
funding for Project Seahawk.
Section 112 includes new language establishing a rural
justice and law enforcement commission in Alaska.
Section 113 includes new language providing for an
additional amount for San Juan, Puerto Rico.
Section 114 includes new language rescinding $100,000,000
from certain unobligated balances available to the Department
of Justice.
TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES
TRADE AND INFRASTRUCTURE DEVELOPMENT
RELATED AGENCIES
Office of the United States Trade Representative
SALARIES AND EXPENSES
The conference agreement includes $41,994,000 for the
Office of the United States Trade Representative (USTR) for
fiscal year 2004, as proposed by the House, instead of
$36,994,000, as proposed by the Senate.
The conference agreement adopts, by reference, language
proposed by the House regarding the United States trade deficit
with other nations; complaints by American businesses; and the
lack of responsiveness of the USTR to American small and
medium-sized businesses; and the steps taken by the PRC
Government in meeting its World Trade Organization obligations,
no later than 14 days after the close of the first quarter of
fiscal year 2004.
The conferees expect the USTR to make use of all
available mechanisms, including the safeguards delineated under
the Trade Act of 1974, including Sections 301 and 421, to
address the disruptions resulting from trade with the PRC.
The conference agreement adopts, by reference, language
proposed by the House regarding funding for negotiations with
the PRC. In addition the conferees adopt, by reference, House
language concerning representation funds, and language under
the headings Inadequate Budget Requests, Free Trade Agreements
and WTO Negotiations, Reporting Requirements, FTAA Permanent
Secretariat, WTO Fund, and WTO Negotiations.
The conference agreement adopts, by reference, language
proposed by the Senate under the heading of World Trade
Organization.
The conferees understand that a number of Federal
agencies are involved in monitoring and enforcing our trade
agreements. The conferees agree that robust monitoring and
enforcement efforts are critical and that such efforts must be
well coordinated within the Executive Branch. Accordingly, the
conferees direct the USTR, working with the Department of
Commerce and other Federal agencies, to take steps to assure
that monitoring and enforcement efforts are coordinated among
the Federal agencies to maximize their effectiveness and are
based on a strategy that focuses on priority areas of potential
trade violations. USTR is directed to report back to the
Committees on Appropriations on these steps within 120 days of
the enactment of this Act.
International Trade Commission
SALARIES AND EXPENSES
The conference agreement includes $58,295,000 as proposed
by the Senate for the International Trade Commission for fiscal
year 2004, instead of $57,000,000, as proposed by the House.
The conference agreement adopts, by reference, Senate
language regarding EDIS II, an electronic filing project and a
certain report.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The conference agreement includes $395,123,000 in total
resources for the programs of the International Trade
Administration (ITA) for fiscal year 2004, of which $13,000,000
is to be derived from fee collections, as proposed by the
House, instead of $375,053,000, of which $3,000,000 is to be
derived from fee collections, as proposed by the Senate.
The conference agreement adopts by reference language in
the House report regarding the mission of the ITA, the failure
of ITA to meet its mission, and the May 22, 2003 public hearing
on the efforts of the International Trade Administration, the
Bureau of Customs, and the Office of the United States Trade
Representative to support U.S. businesses.
The conferees understand the difficulties in attempting
to balance the positive and the negative effects of a free
trade agenda. The conferees are steadfast in their support of
America's trade policy to create growth and raise living
standards around the globe, and in return to increase the
benefits to U.S. workers, farmers, consumers, and businesses.
Yet, the U.S. Government must uphold its responsibility to
enforce trade laws, particularly with China. If trading
partners do not abide by the rules that are set in the global
trading system, then U.S firms are not competing on a level
playing field.
The United States Government has an obligation to ensure
American companies are not forced to compete with foreign
companies that are engaged in unfair trading practices,
including receiving subsidies from their governments.
The conference agreement includes by reference House
report language regarding the Trade Policy Body Review,
Reports, Reorganization, Trade Promotion, American Trading
Centers, Manufacturing and Services, Import Administration,
Investigations/Operations, Office of China Compliance, Policy
and Negotiations, New Shipper Review Process, Market Access and
Compliance, Executive Direction/Administration, Human Rights
Training, Trade Missions, International Standards, and Travel
Expenditures.
The conferees direct the Secretary of Commerce to report
back to the Committees on Appropriations, no later than January
20, 2004, on the trade and U.S. employment impact of the
currency valuation of our trading partners including, China,
Japan, Vietnam, South Korea, Taiwan, the Ukraine, and
Indonesia.
The conferees expect the Secretary of Commerce, in
consultation with the U.S.-China Economic and Security
Commission to report back to the Committees no later than May
1, 2004. The conferees have extended the deadline further than
the deadline proposed in the House report.
The conference agreement includes bill language
designating the amounts available for each unit within ITA. The
conferees remind ITA that any deviation from the funding
distribution provided in the bill and report, including
carryover balances, is subject to reprogramming procedures set
forth in section 605 of this Act. In addition, ITA is directed
to submit to the Committees on Appropriations, not later than
60 days after the enactment of this Act, a spending plan for
all ITA units that incorporates any carryover balances from
prior fiscal years.
The conference agreement includes $10,000,000 for the
National Textile Center, $3,000,000 for the Textile/Clothing
Technology Corporation, $1,000,000 for the Kansas Trade Center,
and $500,000 for the International Trade Processing Center, as
proposed by the Senate.
The conference agreement adopts, by reference, language
as proposed by the Senate under the heading of World Trade
Organization.
The conference agreement adopts, by reference, language
regarding the Appalachian-Turkish Trade Project as proposed by
the Senate.
The conference agreement adopts, by reference, language
proposed in the House regarding an international
competitiveness program and the Office of Textiles.
Of the amounts provided, $500,000 is for a comprehensive
study of future domestic demand for steel.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
The conference agreement includes a total operating level
of $68,203,000 for the operations and administration of the
Bureau of Industry and Security (BIS), as proposed by the
House, instead of $73,060,000, as proposed by the Senate.
The conference agreement adopts, by reference, House
report language under the headings of Export Administration,
Export Enforcement, and Management and Policy Coordination.
The conferees are aware of the invaluable expert
technical capabilities of the seized computer evidence recovery
specialists. However, due to the shortage of specialists within
BIS, the conferees direct BIS to forge a closer relationship
with the Federal Bureau of Investigation (FBI) in this area to
take greater advantage of the FBI's technical expertise.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The conference agreement includes $288,115,000 for
Economic Development Assistance (EDA) Programs. The conferees
direct EDA to continue traditional programs to provide needed
assistance to communities struggling with long-term economic
dislocation, as well as sudden and severe economic dislocation.
Of the amounts provided, $202,280,000 is for Public Works and
Economic Development, $40,900,000 is for Economic Adjustment
Assistance, $24,000,000 is for planning, $8,435,000 is for
technical assistance, including university centers, $12,000,000
is for trade adjustment assistance, and $500,000 is for
research.
The conference agreement adopts, by reference, proposed
by the House regarding coal and timber industry downturns.
The conference agreement adopts, by reference, Senate
language regarding the economic downturns including the timber,
steel, and coal industries, United States-Canadian trade-
related issues, communities in New England, the mid-Atlantic,
Hawaii, and Alaska impacted by fisheries regulations, and
communities in the southeast impacted by downturns due to the
North American Free Trade Agreement, and a certain report.
SALARIES AND EXPENSES
The conference agreement includes $30,565,000 as proposed
by both the Senate and the House.
The conference agreement adopts, by reference, House
language regarding efforts to maximize the operating funding
level, a special headquarters reserve fund, Indian lands,
employees, and requirements for reorganization proposals.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The conference agreement includes $28,859,000 for the
Minority Business Development Agency for fiscal year 2004,
instead of $29,000,000 as proposed by the House, and
$28,718,000 as proposed by the Senate. The conference agreement
adopts, by reference, House language regarding the
Entrepreneurial Technology Apprenticeship Program.
The conference agreement adopts, by reference, Senate
language regarding the Office of Native American Business
Development.
ECONOMIC AND INFORMATION INFRASTRUCTURE
Economic and Statistical Analysis
SALARIES AND EXPENSES
The conference agreement includes $75,000,000, as
proposed by the House, instead of $84,756,000 as proposed by
the Senate for the economic and statistical analysis programs
of the Department of Commerce, including the Bureau of Economic
Analysis (BEA), for fiscal year 2004.
The BEA has received programmatic increases over the past
three years to ensure that policy makers have access to more
accurate and timely economic data.
Bureau of the Census
The conference agreement includes a total operating level
of $630,864,000 for the Bureau of the Census, instead of
$661,961,000 as proposed by the House, and $550,878,000 as
proposed by the Senate.
SALARIES AND EXPENSES
The conference agreement includes $194,811,000 for the
salaries and expenses of the Bureau of the Census for fiscal
year 2004, instead of $181,811,000 as proposed by the Senate,
and $220,908,000 as proposed by the House.
The conference agreement adopts by reference House report
regarding the highest priority core activities, reimbursement,
the North American Industry Classification System (NAICS), key
reports, and Advanced Technology.
PERIODIC CENSUSES AND PROGRAMS
The conference agreement includes a total of $436,053,000
for all periodic censuses and related programs in fiscal year
2004, as proposed by the House, instead of $369,067,000 as
proposed by the Senate.
The conference agreement adopts language proposed by the
House under the American Community Survey (ACS), Master Address
File (MAF)/Topologically Integrated Geographic Encoding and
Referencing (TIGER), and Subgroup Enumeration.
The conference agreement includes $107,090,000 for the
re-engineered design process, of which $3,605,000 is for design
strategy, $18,559,000 is for data collection design research,
$16,969,000 is for questionnaire and content design, $3,900,000
is for address list updates, $22,287,000 is for software
related to quality assurance and integration, and $41,770,000
is for test evaluation.
The conference agreement includes funding as proposed by
the House for the non-decennial census periodic programs.
The conferees expect to be kept apprised on a monthly
basis on the expenditure of these funds.
National Telecommunications and Information Administration
The conference agreement includes a total of $51,604,000
for the National Telecommunications and Information
Administration (NTIA), instead of $32,544,000 as proposed by
the House, and $85,542,000 as proposed by the Senate.
SALARIES AND EXPENSES
The conference agreement includes $14,604,000 for the
Salaries and Expenses appropriation of the NTIA as proposed by
the House, instead of $15,042,000 as proposed by the Senate.
The conference agreement adopts, by reference, language
proposed by the House regarding electromagnetic spectrum and a
report regarding the allocation of spectrum.
The conference agreement adopts, by reference, language
proposed by the House regarding the maximization of the
operating level and reimbursements.
The conference agreement adopts, by reference, language
proposed by the Senate regarding a paperless system.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
The conference agreement includes $22,000,000, instead of
$2,538,000 as proposed by the House, and $55,000,000 as
proposed by the Senate.
The conference agreement adopts, by reference, language
proposed by the House regarding public television stations, and
language proposed by the Senate regarding digital broadcasting
as it relates to rural areas.
INFORMATION INFRASTRUCTURE GRANTS
The conference agreement includes $15,000,000 for the
Information Infrastructure Grant program, instead of
$15,402,000 as proposed in the House, and $15,500,000 as
proposed by the Senate.
The conferees expect NTIA to give preference to
applications relating to the expansion of commercial entities
to enable local communities to attract commercial investment to
spur growth of American jobs, especially in the areas of
education, health care, and public information. The conferees
expect NTIA to work with the Economic Development
Administration to ensure resources are leveraged to result in
the largest benefit to local communities suffering from
economic downturns.
The conference agreement adopts, by reference, language
proposed by the Senate regarding the eligibility of certain law
enforcement entities for funding.
United States Patent and Trademark Office
SALARIES AND EXPENSES
The conference agreement includes $1,222,460,000 for the
United States Patent and Trademark Office (USPTO) for fiscal
year 2004, instead of $1,238,700,000 as proposed by the House,
and $1,217,460,000 as proposed by the Senate.
The conference agreement includes language restricting
certain travel payments. The conferees note that there is broad
agreement that the patent process is in dire need of reform.
The conference agreement adopts, by reference, language
proposed by both the House and Senate regarding the
Administration's legislative fee proposal.
The conference agreement adopts, by reference, language
proposed by the House regarding the National Inventor's Hall of
Fame and Inventure Place and the International Intellectual
Property Institute.
The conferees remind the PTO that any changes from the
funding distribution provided in the bill and report including
carryover balances are subject to the reprogramming procedures
set forth in section 605 of this Act.
In addition, PTO is directed to submit to the Committees
on Appropriations, not later than three months after the
enactment of this Act, a spending plan, which incorporates any
carryover balances from previous fiscal years and any increases
to the patent or trademark fee structure.
The conferees adopt, by reference, language proposed by
the House regarding intellectual property protections for
American businesses in international negotiations and telework.
SCIENCE AND TECHNOLOGY
Technology Administration
SALARIES AND EXPENSES
The conference agreement includes $6,411,000 under this
heading, instead of $7,822,000 as proposed by the House, and no
funding as proposed by the Senate.
The conference agreement includes $450,000 for the
National Medal of Technology Program under the heading
``National Institute of Standards and Technology, Scientific
and Technical Research and Services''.
The conference agreement includes $600,000 for the Office
of Space Commercialization and $500,000 for the Interagency
Global Positioning System Executive Board Secretariat under the
heading of ``National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities''.
The conference agreement provides $335,000 for the
Technology Administration to conduct an assessment of the
extent and implications of workforce globalization in
knowledge-based industries such as life sciences, information
technology, semi-conductors and financial services. The
conferees expect the assessment to focus on U.S. firms'
business strategies and practices, as well as the education and
training programs in countries such as Japan, China, and India.
The conferees expect monthly updates on the progress of this
effort, and direct that a summary of findings be reported back
to the Committees on Appropriations no later than six months
from enactment of this Act.
National Institute of Standards and Technology
The conference agreement includes $628,102,000 for the
National Institute of Standards and Technology (NIST) for
fiscal year 2004, instead of $460,059,000 as proposed by the
House, and $845,000,000 as proposed by the Senate.
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
The conference agreement includes $344,366,000 for the
Scientific and Technical Research and Services (core programs)
of the NIST, instead of $357,862,000 as proposed by the House,
and $391,147,000 as proposed by the Senate.
The following is a breakdown of the amounts provided
under this account by activity.
Fiscal Year 2004 Recommendation
($ in 000)
Electronics & Electrical................................ $44,700
Manufacturing Engineering............................... 21,800
Chemical................................................ 42,313
Physics................................................. 37,675
Building and Fire Research.............................. 21,542
Materials Science & Engineering......................... 53,000
Computer & Applied Mathematics.......................... 49,478
Technology Assistance................................... 15,000
Award Programs.......................................... 5,655
Research Support........................................ 53,203
--------------------------------------------------------
____________________________________________________
Total, STRS....................................... 344,366
Under the Electronics and Electrical heading, $3,000,000
is for the Office of Law Enforcement Standards, $1,200,000 is
for the For Inspiration and Recognition of Science and
Technology Program (FIRST), and $500,000 is for a joint project
between FIRST and the Boston Museum of Science.
Under the Manufacturing heading, $800,000 is for a
spreadsheet engineering initiative at the Tuck School of
Business.
Under the Chemical Science and Technology heading,
$1,600,000 is for the Hollings Marine Laboratory, and $400,000
for advanced measurements, standards, and data that health care
providers and researchers need to improve health care quality.
Under the Physics heading, $725,000 is for the necessary
critical back-up elements for the NIST time scale and time
dissemination services, and $1,450,000 is for research to
develop measurements and standards for nanotechnology-based
products.
Under the Building and Fire heading, $3,000,000 is for
costs relating to the World Trade Center investigation,
$1,900,000 is to continue a certain wind demonstration project
in Texas, and $600,000 is for a school safety and preparedness
project at the National Infrastructure Institute.
Under the Award Program heading, $450,000 is for costs
associated with the National Medal of Technology.
In addition, under the Research Support heading,
$2,400,000 is to continue a certain telework project,
$6,500,000 is to continue a certain critical infrastructure
program, and $5,500,000 is for maintenance and operations costs
at the Advanced Measurement Laboratory.
The agreement does not include an increase to the amount
to be transferred to the working capital fund.
The conference agreement adopts, by reference, language
included in past years, regarding the A-76 contracting process.
INDUSTRIAL TECHNOLOGY SERVICES
The conference agreement includes $218,782,000 for the
Industrial Technology Services appropriation of the National
Institute of Standards and Technology, instead of $39,607,000
as proposed by the House, and $369,223,000 as proposed by the
Senate.
The conference agreement includes $179,175,000 for the
Advanced Technology Program, instead of $259,600,000 as
proposed by the Senate and no funding as proposed by the House.
The conference agreement does not include a $50,000,000 new
program as proposed by the Senate for ATP focused competitions
on homeland security technologies. The conferees agree that a
focused competition on homeland security technologies should be
held out of the $60,700,000 provided for new awards.
The conference agreement includes $39,607,000 for
Manufacturing Extension Partnership, the same amount as
proposed by the House, instead of $106,000,000 as proposed by
the Senate.
CONSTRUCTION OF RESEARCH FACILITIES
The conference agreement includes $64,954,000 for the
construction and major renovations of the NIST campuses at
Boulder, Colorado, and Gaithersburg, Maryland.
The Committee directs NIST to report to the Committees on
Appropriations on the progress of these construction projects
on a quarterly basis beginning with the second quarter of
fiscal year 2004.
This account supports all NIST activities by providing
state of the art facilities necessary to carry out the NIST
mission.
The conference agreement provides sufficient funding to
complete the new Advanced Measurement Laboratory in
Gaithersburg, Maryland and the conferees expect occupancy by
2005.
The conference agreement adopts, by reference, language
proposed by the Senate regarding a facilities improvement plan.
National Oceanic and Atmospheric Administration
The conference agreement does not include $20,743,000 for
the International Fisheries Commissions under this heading, as
proposed by the Senate, and provides funding for this purpose
under Title IV of this Act. The conference agreement does not
include $5,000,000 for a new litigation and settlement fund, as
proposed by the Senate.
The conference agreement fulfills the agreement regarding
conservation activities as included in the Title VII of the
Interior and Related Agencies Appropriation Act of 2001.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes total funding of
$2,748,520,000, as proposed by the Senate, instead of
$2,259,705,000 as proposed by the House. Of the amounts
provided, $62,000,000 is from balances in the account entitled,
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'', instead of $79,251,000 as proposed by
the House, and $52,000,000 as proposed by the Senate.
The conference agreement includes language to allow NOAA
to retain gifts and contributions made under the Marine
Sanctuary Program.
Language is also included in the bill specifying the
total amount of direct obligations available for each of the
NOAA line offices and other related activities funded through
this account. The conference agreement includes language
prohibiting administrative charges levied against certain
activities assigned in the bill or the report accompanying this
Act.
NOAA is directed to submit a spending plan to the
Committees on Appropriations at a level of detail comparable to
that of the tables included in this report. The plan shall be
delivered not later than 60 days after the enactment of this
Act.
The conferees expect NOAA to comply with reprogramming
and transfer requirements under sections 204 and 605 of this
Act.
The conference agreement adopts, by reference, the
direction and reporting requirements included in language
proposed by the Senate under the heading of Pacific Salmon
Funding, including language relating to validation monitoring.
The following identifies the activities, sub-activities,
and projects funded in this appropriation:
NATIONAL OCEAN SERVICE
The conference agreement includes a total of $513,910,000
for activities of the National Ocean Service (NOS) for fiscal
year 2004.
The conference agreement adopts, by reference, language
proposed by the House under the heading of Mapping and
Charting.
The conference agreement adopts, by reference, language
proposed by the House under the heading Long-Term Vessel
Charter.
The conference agreement provides an additional
$2,500,000 for this purpose. The conferees expect to be kept
apprised of any changes to the plan.
The conferees continue to support the implementation of
the Physical Oceanographic Real-Time System program and the
National Water Level Operation Network, including work in the
Great Lakes.
The conference agreement includes funding to increase
coastal ocean monitoring and prediction efforts for West
Florida.
The conferees recognize and support the work of NOAA and
the U.S. Coral Reef Task Force (CRTF) to protect and preserve
coral reefs. Coral reefs are the most complex, species-rich and
productive marine ecosystems. Reefs cover two percent of the
ocean's floor, yet they support one-third of all marine fish
species and tens of thousands of other marine species,
providing essential fish habitat for endangered and threatened
species, and harboring protected marine mammals and turtles.
Coral reef fisheries yield 6 million metric tons of fish catch
annually, with one-quarter of total worldwide fish production
occurring in developing countries with coral reefs. NOAA and
the CRTF are developing and implementing coordinated efforts to
map and monitor U.S. coral reefs, research coral reef
degradation, reduce and mitigate coral reef degradation from
pollution and other causes, and carry out strategies to promote
conservation and sustainable use of coral reefs
internationally.
The conference agreement adopts, by reference, language
proposed by the Senate under the headings of Budget Structure
and Various. The conference agreement consolidates all NOAA
coral reef funding under NOS. The conferees expect NOAA to
prepare a spending plan for coral reef funding and deliver to
the Committees on Appropriations, not later than January 15,
2004.
The conference agreement adopts, by reference, language
proposed by the Senate under the heading of Coastal Ocean
Science.
The conferees have provided a significant amount of
funding during the past two years for the establishment of an
integrated interagency ocean and coastal observing system. The
conferees understand that NOAA has outlined a strategy for
establishing a national network. The conferees expect regional
entities to share the costs of the funding the establishment of
an integrated interagency ocean and coastal observing system.
Therefore, the conferees plan to require all participants
receiving funding from the Federal government to contribute an
equal share of funds in fiscal year 2005.
Of the amounts available under the Aquatic Resources
Initiative, up to $750,000 is for Bluegrass Pride, Inc.
The conference agreement includes a new structure as
proposed in the Senate bill for identifying and funding
extramural research. The conferees direct NOAA to submit a
spending plan within 30 days outlining the process for
administering the program. The conferees do not intend for the
new structure to restrict current participation by the external
research community or by researchers identified with the
National Centers for Coastal Ocean Science laboratories. The
conferees do intend, however, that greater interaction and
participation occur between the external research community and
Federal researchers located at NOAA's laboratories.
NATIONAL MARINE FISHERIES SERVICE
The conference agreement includes $639,990,000 for the
operations of the National Marine Fisheries Service (NMFS).
The conference agreement adopts, by reference, language
proposed by the House under the heading of Regulatory
Streamlining.
The conference agreement adopts, by reference, language
proposed by the Senate under the headings of Base Funding,
Regional Office Financial Accountability, Fisheries
Enforcement, Enforcement and Surveillance, International
Conservation of Sea Turtles, Decline Pacific Marine Mammals,
Enforcement of International Dolphin Agreement, Gulf/Atlantic
Turtle Excluder Devices, Fisheries Research and Management,
Seafood Inspections, and Ecosystem Management.
The conferees remain concerned regarding the seismic and
erosion conditions near the Southwest Fisheries Science Center
(SWSC). The conferees understand that economies of scale may be
achieved by collocating the SWSC with other NOAA facilities in
California. In 1997, the Department of Commerce Office of the
Inspector General issued a report, which highlighted options
for relocation of the SWSC. The Committee directs NOAA to issue
a follow-on report on the best location for SWSC facilities by
no later than June 30, 2004.
The conferees expect NMFS to allocate sufficient funds to
achieve ten percent observer coverage in the New England
groundfish fishery, and in the non-directed fishery to the
extent practicable, by no later than May 1, 2004.
The conferees expect NOAA to continue to support the
Center for Coastal Studies' efforts regarding right whale
protection and expect the final funding allocation to be based
on recommendations of the right whale program coordinator at
the Center.
The conference agreement adopts, by reference, language
proposed by the House under the headings of Chesapeake Bay,
Habitat Conservation and Management, NMFS Facilities
Maintenance, and Saltonstall-Kennedy.
The conferees recognize the value of NOAA presence and
programs in Louisiana in serving the northern Gulf of Mexico
region. The conferees expect a report to be submitted by the
agency on the development and installation of a Coastal
Services Center to be established in the state and to serve the
Northern Gulf of Mexico Region.
The conferees understand that on February 21, 2003, the
National Oceanic and Atmospheric Administration (NOAA) issued
new regulations to increase the dimension of Turtle Excluder
Device (TED) openings to protect endangered sea turtles. The
Final Rule went into effect on April 15, 2003 in the South
Atlantic and August 21, 2003, in the Gulf of Mexico. Industry
representatives in Louisiana and South Texas have voiced
concern about the impact of TEDs on shrimp catch and loss of
income for the industry. Conservation groups and scientists, on
the other hand, have expressed serious concern over the status
of these turtle populations and have threatened litigation to
ensure sea turtle protection. The conferees direct NOAA to work
with the National Academy of Sciences on a multi-year,
comprehensive in-water study designed to accurately measure
shrimp fishery effort and the impacts of such effort on sea
turtle mortality, including measuring turtle-shrimp trawl
interaction in the inshore, nearshore and offshore waters of
the Gulf of Mexico and similar geographical locations in the
South Atlantic. The conferees expect observers to be placed on
the commercial shrimp fishing vessels for the purposes of the
study.
The study shall evaluate innovative technologies to
increase shrimp retention in TEDs but also ensure the
protection of endangered and threatened sea turtles. The
National Academy of Sciences shall provide an interim report to
the committee every six months summarizing preliminary
findings.
The conference agreement includes language transferring
funding to the Marine Mammal Commission.
The conference agreement adopts, by reference, language
proposed by the Senate regarding the Gulf and South Atlantic
Fisheries Development Foundation.
OCEANIC AND ATMOSPHERIC RESEARCH
The conference agreement includes $400,813,000 for the
Oceanic and Atmospheric Research (OAR) line office.
The conferees support NOAA's efforts to provide national
and international leadership on critical environmental issues,
and to address the environmental research and development needs
of internal NOAA customers, States, industry, and other Federal
agencies. The conferees expect OAR to prioritize research
efforts that have true operational benefits to NOAA.
The conference agreement adopts, by reference, language
proposed by the House and Senate regarding a review of research
requirements and a certain laboratory plan, and language
proposed by the Senate under the heading NISA Alaska.
The conference agreement includes $12,000,000 for the
National Undersea Research Program, of which $6,000,000 is for
research conducted though the east coast NURP centers and
$6,000,000 is for the west coast NURP centers, including
Hawaiian and Pacific Center and the West Coast and Polar
Regions Center. The conferees expect fiscal year 2003 funding
to be available for Aquarius, and ALVIN.
Of the amounts provided under the climate research
heading, $2,500,000 is for the Analytical Center for Climate
and Environmental Change to enhance existing capabilities.
The conference agreement includes $500,000 to expand
efforts of the Cooperative Sensor Development Laboratory in
cooperation with the Atlantic Oceanographic and Meteorological
Laboratory and the Pacific Marine Environmental Laboratory.
The conference agreement includes $3,525,000 for ballast
water demonstrations and technologies, of which $1,700,000 is
for a collaborative ballast water treatment test bed platform
for the purpose of determining the effectiveness of injecting
ozone into ballast water to kill invasive aquatic species. NOAA
is directed to prepare, for the Committees on Appropriations, a
report, no later than ninety days after the enactment of this
Act, showing the impact of ozone in eradicating invasive
species and the presence of any toxic effluents in the treated
ballast water. Further, of the amounts provided $1,825,000 is
for ballast water demonstrations to mitigate concerns in the
Chesapeake Bay and the Great Lakes.
The conference agreement includes $994,000 to provide for
an autonomous underwater vehicle, selected based on Brooks Act
qualifications, for survey services in the deep water of the
central Gulf of Mexico.
NATIONAL WEATHER SERVICE
The conference agreement includes $729,685,000 for the
operations of the National Weather Service.
The conference agreement adopts, by reference, language
proposed by the Senate under the headings of Budget Structure,
Network Integrity, NEXRAD Coverage, NOAA Profiler Network, and
Phased Array Radar Engineering and Manufacturing.
The conference agreement transfers funding from the
``Oceanic and Atmospheric Research'' to this account for
tsunami mitigation efforts.
The conference agreement includes funding for the
operations of five Micronesian weather service offices located
at Pohnpei, Yap, Chuuk, Koror, and Majuro, as proposed. The
conferees understand that the Department of the Interior will
no longer reimburse NOAA for the costs of the Compact of Free
Association that expires in 2003.
The conference agreement includes funding for the
Susquehanna River basin project and Delaware Basin efforts
within funding for the Advanced Hydrological Prediction
Services.
The conference agreement includes $100,000 for a
transmitter for Kemmerer and Dubois, Wyoming.
NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION SERVICE
The conference agreement includes $153,827,000 for the
operational and research and development programs of the
National Environmental Satellite, Data, and Information
Service.
The conference agreement includes $500,000 for the
Interagency Global Positioning System Executive Board
Secretariat, and $600,000 for the Office of Space
Commercialization. The conferees transfer these functions from
the heading ``Technology Administration'', as proposed by the
Senate.
The conference agreement adopts, by reference, language
proposed by the Senate under the heading of Budget Structure.
The conference agreement includes $2,500,000 for a data
storage facility in West Virginia.
PROGRAM SUPPORT
The conference agreement includes $310,295,000 for the
Program Support line office.
The conference agreement includes language to prohibit
NOAA funding to support the Department of Commerce's E-
government initiative.
The conference agreement adopts, by reference, language
proposed by the House under the heading of Office Relocations,
Pribilof Island Cleanup, and Minority Serving Institutions.
The conference agreement adopts, by reference, language
proposed by the Senate under the heading of Truth in Budgeting.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
The conference agreement includes $990,127,000 under this
heading.
The conference agreement adopts, by reference, language
proposed by the House under the headings of Marine Sanctuaries
Construction, Construction, Geostationary Systems and Polar
Orbiting Systems, and language proposed by the Senate under the
headings Land Acquisition and Construction and Other NOS
Facilities.
The conferees expect NOAA to submit a reprogramming,
pursuant to section 605 of this Act, should a land acquisition
project specifically identified in this report become no longer
viable.
The following distribution reflects the activities funded
within this account:
PACIFIC COASTAL SALMON RECOVERY
The conference agreement includes $90,000,000, the same
amount as proposed by both the House and the Senate, of which
$5,000,000 is for the State of Idaho, $26,274,000 is for the
State of Washington, $20,868,000 is for the State of Alaska,
$13,133,000 is for the State of Oregon, $13,133,000 is for the
State of California, $8,500,000 is for the Pacific coastal
tribes, and $3,092,000 is for the Columbia River tribes.
Of the amounts provided to the State of Washington,
$4,000,000 is for the Washington State Department of Natural
Resources and other State and Federal agencies for purposes of
implementing the State of Washington's Forest and Fish report,
and $1,800,000 is for the purchase of mass marking equipment
used at Federal hatcheries in Washington State to promote
selective fisheries and protect threatened and endangered
species.
Of the funds provided for the State of Alaska, $3,500,000
is for the Arctic Yukon-Kuskokwim Sustainable Salmon
initiative; $1,000,000 is for the Cook Inlet Fishing Community
Assistance Program; $500,000 is for the Yukon River Drainage
Association; $3,368,000 is for Fairbanks hatchery facilities;
$1,500,000 is for the City of Adak for marine related
infrastructure; $250,000 is for the State of Alaska to
participate in discussions regarding the Columbine River
hydrosystem management and for fisheries revitalization;
$100,000 is for the United Fishermen of Alaska's subsistence
program; $3,500,000 is to restore salmon fisheries in Anchorage
at Ship Creek, Chester Creek, and Campbell Creek including
habitat restoration and facilities; $1,500,000 is to restore
salmon runs in Resurrection Bay at the Alaska SeaLife Center;
$1,000,000 is for scientific fisheries systems riverine sonar;
$150,000 is for the Southeast Revitalization Association for
its fleet stabilization program; $1,000,000 is to mitigate
albatross-fish interactions; $2,000,000 is for the Kenai River;
$1,000,000 is for the Russian River; $200,000 is to restore the
Craig watershed; and $300,000 is for Chinook Salmon Research in
Auke Bay.
Of the amounts provided to the State of Oregon,
$1,100,000 is for conservation mass marking at the Columbia
River Hatcheries.
FISHERIES FINANCE PROGRAM ACCOUNT
The conference agreement includes language to support up
to $59,000,000 to finance fishing capacity reduction loan
programs, of which $40,000,000 may be used for the United
States distant water tuna fleet, and $19,000,000 may be used
for the United States menhaden fishery. Further, the conference
agreement includes language to support up to $5,000,000 for
Individual Fishing Quota loans.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
The conference agreement includes $47,289,000 for costs
related to managing the Department of Commerce. Of the amount
provided, $900,000 is for costs related to the renovation of
the Herbert C. Hoover building. The conference agreement
includes designating $1,621,000 and 12 full-time equivalents
for the legislative affairs function of the Department.
The conference agreement adopts, by reference, language
proposed by the House under the heading of Office Relocations.
Office of Inspector General
The conference agreement includes $21,116,000 for the
Inspector General for fiscal year 2004, the same amount as
proposed by the Senate, instead of $22,000,000 as proposed by
the House.
General Provisions--Department of Commerce
(INCLUDING RESCISSION)
The conference agreement includes the following general
provisions for the Department of Commerce:
Section 201 of the bill making Department of Commerce
funds available for advanced payments only upon certification
of officials designated by the Secretary that such payments are
considered to be in the public interest.
Section 202 making appropriations for the Department in
the bill for Salaries and Expenses available for hire of
passenger motor vehicles, and for services, uniforms and
allowances as authorized by law.
Section 203 prohibiting any of the funds for NOAA being
used to support hurricane reconnaissance aircraft and
activities that are under the control of the United States Air
Force or the United States Air Force Reserve.
Section 204 providing the authority to transfer funds
between Department of Commerce appropriation accounts and
requiring notification to the Committees of certain actions.
Section 205 providing that any costs incurred by the
Department in response to funding reductions shall be absorbed
within the total budgetary resources available to the
Department and shall not be subject to the reprogramming
limitations set forth in this Act.
Section 206 allowing the Department of Commerce franchise
fund to retain earnings from services.
Section 207 designating funds for certain projects.
Section 208 designating amounts available in the
``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'' fund and including language to provide
authorities for a certain Board.
Section 209 providing authorities for the Economic
Development Administration.
Section 210 authorizing the Secretary of Commerce to
operate a marine laboratory.
Section 211 extending the Emergency Steel Loan Guarantee
Act of 1999 and including language providing $2,000,000 to
administer the program.
Section 212 providing additional funding for certain
projects.
Section 213 providing the authority and amounts to
administer a certain program regarding a lobster fishery.
Section 214 providing the authority and amounts to
administer a certain program regarding a Bering Sea and
Aleutian Islands non-pollock groundfish fishery.
Section 215 rescinding $100,000,000 from certain
unobligated balances.
TITLE III--THE JUDICIARY
The conferees adopt by reference the House report
language concerning the submission of a financial plan within
45 days after enactment of this Act. If shortfalls arise during
the course of fiscal year 2004, the conferees expect the
Judiciary to attempt to address these shortfalls through the
reprogramming process, consistent with section 605 of this Act,
before requesting supplemental appropriations.
Supreme Court of the United States
SALARIES AND EXPENSES
The conference agreement includes $55,360,000 for the
salaries and expenses of the Supreme Court, as provided by the
House, instead of $59,414,000 as provided by the Senate. The
conferees are supportive of the funding increases and report
language included in the Senate report concerning data systems,
additional personnel, and the Metrocheck transit subsidy
program. Within the funding level provided, the conferees ask
the Court to fund these programs to the maximum extent possible
based the Court's priorities. The Court's financial plan is
expected to outline the Court's allocation of funding among
these priorities. As described in the Senate report, the Court
is also expected to report to the Committees on Appropriations
on the savings associated with hiring systems accountants to
replace contractors.
The conferees adopt by reference the House report
language concerning minority hiring and diversity among law
clerks.
CARE OF THE BUILDING AND GROUNDS
The conference agreement includes $10,591,000 for the
Supreme Court ``Care of the Building and Grounds'' account, as
provided by the House, instead of $4,658,000 as provided by the
Senate. The conference agreement adopts by reference the House
report language concerning the submission of a study, within 90
days of enactment of this Act, on the feasibility of
establishing a visitor screening site outside of the Supreme
Court building.
united States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The conference agreement includes $20,662,000 for the
United States Court of Appeals for the Federal Circuit, as
provided by the Senate, instead of $20,665,000 as provided by
the House. The conference agreement provides no funding to
establish a Deputy Circuit Executive, as described in the
Senate report.
United States Court of International Trade
SALARIES AND EXPENSES
The conference agreement includes $14,068,000 for the
U.S. Court of International Trade, as provided by the House,
instead of $13,210,000 as provided by the Senate.
Courts of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
The conference agreement provides $3,994,176,000 for the
salaries and expenses of the Courts of Appeals, District Courts
and Other Judicial Services instead of $4,004,176,000 as
provided by the House and $3,894,021,000 as provided by the
Senate.
The conferees would like to see greater emphasis on
automation in local courts. The conferees understand that the
time required to hear Court cases can be reduced by as much as
15 percent through the use of technologies in the courtroom.
The Conferees direct the Judiciary to continue to implement
these new technologies in courtrooms.
The conferees adopt by reference the Senate report
language requiring a report on the savings generated by the CM/
ECF program and requiring a report on the Court Operations
Support Center. The conferees adopt by reference the House
report language concerning Electronic Public Access fees.
The conferees are concerned with the methodology used to
prepare and the presentation of the Judiciary's information
technology budget and long-range plan. The conferees expect the
Administrative Office of the United States Courts (AO) to work
with the Committees on Appropriations on the presentation of
funding requests for this program. The conferees are concerned
with the presentation of new initiatives in the O&M budget, and
as well as the large amount of O&M funding required in
proportion to the total information technology budget request.
The conferees understand that the Judiciary's staffing,
operations and maintenance, and information technology
resources are allocated to the courts according to formulas
intended to equitably distribute resources based on the actual
workload of each district. The conferees direct the Judiciary
to update the formulas to improve their accuracy. The updates
should incorporate changes in the courts' resource needs to
reflect the implementation of technology enhancements such as
the CM/ECF project and the unique situations that occur in
districts with large geographic divisions. The conferees direct
the Judiciary to report within 180 days of enactment of this
Act on the Judiciary's efforts to update these formulas.
The Edwin L. Nelson Local Initiative Program.--The
conferees have learned that many courts are developing
significant IT solutions to meet local needs. The entire
Judiciary receives greatbenefit from the development of
automation initiatives at the local court level and the sharing of this
technology with other courts will realize precious savings throughout
the Judiciary. The conferees noted the inclusion of an Information
Technology Grant program in the ``Long Range Plan for Information
Technology in the Federal Judiciary'', specifically goal 7, initiative
1. The conferees fully support this program. However the conferees
understand that even though funding was included in previous years'
financial plans, no grants for this program have been awarded in fiscal
years 2002 or 2003. To accelerate the pace of this program, the
conferees direct that no less than $2,000,000 shall be made available
for the Edwin L. Nelson Local Initiatives Program. These funds shall be
used to establish and operate a National Clearing House, facilitate
local court collaboration, expand training opportunities at the circuit
level, and provide Information Technology Grants. The conferees direct
the development and execution of this new Edwin L. Nelson Local
Initiatives Program shall be coordinated with United States Judicial
Conference Committee on Information Technology. The conferees direct
the AO to report to the Committees on Appropriations, within 90 days of
enactment of this Act, on the proposed process and structure to operate
the Clearing House, evaluate initiatives, distribute grants, conduct
training and execute the Local Initiatives Program, as approved by the
Judicial Conference. In addition, the AO shall report the status of
this program no later than April 1 and September 1, 2004. The status
reports shall contain, at a minimum, an activity report from the
Clearing House, a list of courts receiving grants including the purpose
and amount of each grant and any training conducted.
VACCINE INJURY COMPENSATION TRUST FUND
The conference agreement provides $3,193,000 from the
Vaccine Injury Compensation Trust Fund instead of $3,293,000 as
provided by the House and the Senate.
DEFENDER SERVICES
The conference agreement includes $604,477,000 for the
Federal Judiciary's Defender Services account, instead of
$613,948,000 as provided by the House and $595,006,000 as
provided by the Senate.
The conference agreement does not provide any increases
in panel attorney hourly pay rates above the current rates. The
conference agreement adopts by reference the House and Senate
report language concerning future budget requests for panel
attorney pay rate increases. Conferees expect the Judiciary to
address these concerns before requesting panel attorney rate
increases above the rate of inflation.
FEES OF JURORS AND COMMISSIONERS
The conference agreement includes $57,822,000 for Fees of
Jurors and Commissioners, instead of $53,181,000 as provided by
the House and Senate. The conferees understand the Judiciary's
``First Day'' statistics show that the percentage of petit
jurors called that are not selected, serving or challenged on
their first day has increased from 33 percent in fiscal year
1997 to 39 percent in fiscal year 2002. The conferees are
concerned with the decline in juror utilization rates and the
associated increase in costs. The conferees direct the Judicial
Conference of the United States to report to the Committees on
Appropriations within 180 days of enactment of this Act on (1)
the reasons for the decline in juror utilization, (2) the
impact the implementation of the Jury Modernization System has
had on juror utilization, and (3) recommendations on how the
Judiciary can improve the efficiency with which it calls petit
jurors.
COURT SECURITY
The conference agreement includes $277,500,000 for the
Federal Judiciary's Court Security account, instead of
$288,941,000 as provided by the House and $266,058,000 as
provided by the Senate.
The conferees adopt by reference the House report
language requiring a monthly report on court security equipment
and systems spending throughout fiscal year 2004. The Conferees
are concerned about the delay in submitting the management
study the United States Marshals Service (USMS) was directed to
conduct in fiscal year 2003 and hope this study will provide
recommendations to improve the administration of this program
by the USMS and the Judiciary.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The conference agreement includes $66,000,000 for the
Administrative Office of the United States Courts instead of
$66,968,000 as provided by the House and $63,717,000 as
provided by the Senate. The conferees adopt by reference the
Senate report language concerning cyclical replacement of
automation equipment and the Senate report language directing
the AO to develop a comprehensive records management plan and
inform the Committees on Appropriations of this plan as soon as
possible. In addition, the conferees adopt by reference the
Senate report language requiring the submission of semi-annual
reports to the Committees on Appropriations on travel expenses
associated with AO personnel by directorate.
Federal Judicial Center
SALARIES AND EXPENSES
The conference agreement includes $21,440,000 for
salaries and expenses of the Federal Judicial Center as
provided by the House, instead of $22,434,000 as provided by
the Senate. The conferees laud the Center's education and
training program and believe it can be a model for training
programs in the Federal government.
Judicial Retirement Funds
PAYMENT TO JUDICIARY TRUST FUNDS
The conference agreement includes $29,000,000 for payment
to various judicial retirement funds, as provided by the House
and Senate.
United States Sentencing Commission
SALARIES AND EXPENSES
The conference agreement includes $12,354,000 for the
U.S. Sentencing Commission, instead of $12,746,000 as provided
by the House and $12,011,000 as provided by the Senate.
General Provisions--The Judiciary
Section 301.--The conference agreement includes a
provision included by both the House and Senate allowing
appropriations to be used for services as authorized by 5
U.S.C. 3109.
Section 302.--The conference agreement includes a
provision related to the transfer of funds.
Section 303.--The conference agreement includes a
provision allowing up to $11,000 to be used for official
representation expenses of the Judicial Conference of the
United States.
TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCY
In total, the conference agreement includes
$8,264,072,000 for the Department of State and the Broadcasting
Board of Governors. Of the total amount provided,
$8,129,093,000 is derived from general purpose discretionary
funds and $134,979,000 is scored as mandatory spending. This
funding level includes significant program increases to improve
diplomatic readiness and security. The conference agreement
includes $1,508,101,000 to continue worldwide security
activities, including the design and construction of
replacement facilities for the most vulnerable overseas posts.
DEPARTMENT OF STATE
The conference agreement for the Department of State is
intended to continue the Department's efforts to achieve
diplomatic readiness, strengthen diplomatic and border
security, and institute sweeping management reforms. In the
past four fiscal years, the Congress has provided
appropriations increases of over 44 percent for the
Department's operating budget, including funding to support the
hiring and training of more than 2,000 new employees.
The conference agreement includes a total of
$7,706,639,000 for fiscal year 2004 for the Department of
State. Of the total amount provided, $7,571,660,000 is derived
from general purpose discretionary funds and $134,979,000 is
scored as mandatory spending. The overall funding level for
fiscal year 2004 represents an additional 8.9 percent increase
to the operating budget, which will support up to 603 new
positions. The conferees expect that this funding level will
allow the Department to meet critical embassy security and
staffing requirements, modernize its technology and equipment,
and continue vigorous management reform initiatives to right-
size America's overseas presence.
The conference agreement includes a total of
$5,969,805,000 for the discretionary appropriation accounts
under Administration of Foreign Affairs; $1,465,305,000 for
International Organizations; $57,795,000 for International
Commissions; and $78,755,000 for other activities. The
conferees' priorities for the Department of State are
delineated in the following paragraphs.
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
The conference agreement includes $4,106,701,000 for the
Diplomatic and Consular Programs account, instead of
$4,099,961,000 as proposed by the House and $3,874,778,000 as
proposed by the Senate. The conference agreement includes
$646,701,000 to continue funding for worldwide security
upgrades, $301,563,000 for public diplomacy programs, and
$40,000,000 for worldwide OpenNet and classified connectivity
infrastructure. The conference agreement represents an increase
of $210,868,000 above the fiscal year 2003 appropriation.
The conference agreement includes a program increase of
$72,572,000 to support the hiring and training of new foreign
service and civil service employees, including foreign service
positions dedicated to visa adjudication as described in both
the House and Senate reports. The conferees are concerned that
not all of the new full-time equivalents hired by the
Department under the Diplomatic Readiness Initiative (DRI) are
available for worldwide deployment. One of the primary
objectives of the DRI was to allow the Department to address
staffing shortages at U.S. diplomatic posts overseas. The
Department shall submit a report to the Committees, no later
than February 1, 2004, on the number of personnel hired under
DRI that are not available for worldwide deployment and on the
Department's plan for ensuring that personnel yet to be hired
under DRI are available for worldwide deployment. To the
greatest extent possible Foreign Service Officers hired during
the third and final year of DRI should be available for
worldwide deployment.
The conferees urge the Department to move forward
expeditiously with its right-sizing plan. Right-sizing refers
to the reconfiguration of overseas U.S. Government personnel to
the number necessary to achieve U.S. foreign policy goals. The
conferees recognize that, as the property manager for all U.S.
Government properties overseas, the Department of State faces
considerable pressure to accommodate ever-greater numbers of
non-State Department personnel in its overseas facilities.
For any right-sizing framework to be effective, it must
have two main components: (1) a process for determining,
internally, the appropriate numbers of State Department
personnel stationed overseas, and (2) an interagency process
for determining the appropriate numbers of non-military U.S.
government personnel stationed overseas. To this end, the
conference agreement includes up to $2,000,000 for the
Department to establish and operate an Office on Right-Sizing
the United States Overseas Presence, and adopts, by reference,
the language on this matter in the House report. The conferees
expect this new Office, which shall report directly to the
Undersecretary for Management, to lead the Department's effort
to develop internal and interagency mechanisms to better
coordinate, rationalize, and manage the deployment of U.S.
government personnel overseas.
The conferees commend the Department for its recent steps
to strengthen internal processes for determining staffing
projections for overseas personnel needs. However, more needs
to be done. The conferees are not aware of any right-sizing
analysis in the past three years that has resulted in a
proposed reduction to a country-wide staffing presence. The
conferees are supportive of the concept of regionalization.
Regionalization refers to the practice of basing certain
administrative functions and personnel in regional centers, or
``hubs'', thereby creating efficiencies. The conferees note
that the Department has made less than notable progress towards
developing an interagency right-sizing process. The conferees
urge the Department, with the Office of Management and Budget,
to take the lead in establishing an interagency process for
developing staffing projections for U.S. government facilities
overseas. The conferees support the Department's cost-sharing
plan which will encourage other Federal agencies to examine
more closely whether the personnel they send overseas are truly
mission-critical. The conferees remind the Department that this
interagency process should not supercede the authority of the
Chiefs of Mission (COM) to determine the composition of their
posts, but rather to serve as a tool and support mechanism for
the COM's. The post must remain at the center of the right-
sizing process.
The conference agreement includes the requirements
stipulated in the House report regarding a report on the impact
of new staffing analysis requirements in the Mission
Performance Planning process, and the direction to undertake a
review and report on the size of the largest overseas missions
using the mission performance plan and the right-sizing
criteria developed by the General Accounting Office.
The conference agreement includes program increases as
described in the House report for Trafficking in Persons,
International Summits, International Religious Freedom, and re-
establishing a United States Mission to the United Nations
Educational, Scientific and Cultural Organization (UNESCO).
The conference agreement includes language specifying
that $301,563,000 is available only for public diplomacy
programs. The conference agreement continues support for
special program initiatives in the Arab and Muslim world, which
were significantly expanded in fiscal years 2002 and 2003.
The conferees are aware of the recently completed report
of the Advisory Panel on Public Diplomacy, and the Department's
response to the Panel's recommendations. The amounts provided
for public diplomacy under this heading and under ``Educational
and Cultural Exchange Programs'', including a reallocation of
base funding toward the Arab and Muslim World, will allow the
Department to pursue the Panel's recommendations. The conferees
urge the Department to act expeditiously on several items
proposed by the Panel, including the establishment of an office
of policy, plans and resources within the Office of the Under
Secretary; strengthening the authority of the Under Secretary
for Public Diplomacy and Public Affairs and improving
accountability for public diplomacy resources; improved
interagency coordination; increased resources dedicated to
program performance measurement and research; expansion of
English language office, speaker and fellows programs;
expansion of American studies programs including American
Corners; and increased public diplomacy staff with better
language skills. The conferees expect that significant
resources from the Diplomatic Readiness Initiative will be
allocated to increased Public Diplomacy staff resources and
training.
The conference agreement includes, by reference, language
in the Senate report regarding the refining of public diplomacy
strategy, including the harmonization of mission and strategy
with the Broadcasting Board of Governors, and the incorporation
of public diplomacy into ongoing international assistance and
volunteer programs.
The conference agreement includes $646,701,000 for
worldwide security upgrades as proposed by the House, instead
of $594,373,000 as proposed by the Senate. This conference
agreement includes $542,998,000 to provide full year costs of
maintaining base security activities at current levels. These
activities include perimeter security upgrades, guard services,
physical security equipment, armored vehicles, personnel,
training and wireless communications. The conference agreement
includes $7,952,000 for 85 additional security professional
staff positions and $25,300,000 for completion of the initial
multi-year plan to enhance perimeter security at 243 posts, and
technical upgrades at annexes and other buildings not included
in the original program. The conferees note that funds provided
under this category may be used for protection and security
costs in Kabul, Afghanistan. The conference agreement also
includes up to $3,000,000 for State Department participation in
the TOPOFF III national counterterrorism exercise and
$5,000,000 for the Center for Antiterrorism and Security
Training.
The conference agreement includes $736,013,000 for the
Department's Border Security program, to be funded entirely
though collection of Machine Readable Visa (MRV) fees. The
fiscal year 2004 program level is an increase of $119,192,000,
and includes a program increase of 125 new consular positions.
The conference agreement does not include language proposed in
the Senate bill regarding the automatic transfer of funding to
the Border Security program in the event of MRV fee shortfalls.
The Department received an appropriation of $109,500,000 in
Public Law 108-106 to cover the estimated shortfall. However,
the underlying problem--that a decline in visa fee revenue
could disrupt the Border Security program--remains. The
conferees direct the Department to submit a plan, no later than
April 2, 2004, to ensure that visa fee revenueshortfalls do not
disrupt the Department's critical border security operations in fiscal
year 2004 or beyond. The conferees urge the Department to continue to
work on an interagency basis to strengthen the visa process to make it
an effective antiterrorism tool, while avoiding the creation of
unnecessary barriers or delays to legitimate travel to the United
States.
The conference agreement includes language designating
$40,000,000 under this account for worldwide OpenNet and
classified connectivity infrastructure. These costs were
requested under the Capital Investment Fund. While that account
was the appropriate one for funding the costs of developing and
deploying these automation initiatives, the conferees agree
that the costs of sustaining these systems, including hardware
replacement and refreshment, are more appropriately funded
under this heading.
The conference agreement includes, by reference, language
in the House report on the Africa Policy Advisory Panel, the
interagency task force to monitor the United Nations
headquarters renovation project, minority hiring and
recruiting, overseas schools, extradition, security of
classified material, Tibet, the Bureau of Legislative Affairs,
and U.S. presence in China. The conference agreement also
includes, by reference, language in the Senate report on
financial operations, foreign language proficiency, and
international trade; and language and corresponding funding
levels pertaining to the Arctic Council and the Bering Straits
Commission.
The conferees expect the Department and the Bureau of
International Organization Affairs to place top priority on
international human rights protection and advocacy, and to
submit a report to the Committees by December 15, 2003,
presenting an international human rights agenda and work plan
for the coming year. In addition, the conferees expect the
Department to continue the effort begun last year to make funds
available to each U.S. Embassy to translate into the official
language of the host country the report for the host country
from the ``Country Reports on Human Rights Practices'', the
``Annual Report on International Religious Freedom'', and the
``Trafficking in Persons Report'' within 30 days of issuance,
and post those documents on the embassy website along with the
English version. The Department shall notify the Committees by
January 31, 2004, if there are any U.S. Embassies that do not
comply with this requirement.
The conference agreement includes such funds as necessary
for costs associated with fulfilling United States
responsibilities with regard to participation in
interparliamentary meetings, including North Atlantic Treaty
Organization and Organization for Security and Cooperation in
Europe meetings taking place during fiscal year 2004.
The conference agreement includes language, as in the
previous fiscal year, providing that funds under this heading
may be used for a United States Government interagency task
force to examine, coordinate, and oversee United States
participation in the United Nations headquarters renovation
project.
The conference agreement includes up to $10,000,000 for
continuing language education programs, as described in the
Senate report.
The conference agreement also includes up to $500,000 for
a cultural antiquities task force as described in the Senate
report. The task force will coordinate with all relevant
Federal law enforcement and cultural agencies to prevent
further looting and promote preservation of Iraq's historically
and culturally significant works. The conferees urge the
Department to create a database as described in the Senate
report. The conferees further urge the Department to make
changes to visa policies as they pertain to persons found to
have looted, damaged, or trafficked historically or culturally
significant works. The Department shall submit a report to the
Committees no later than April 15, 2004, on the Department's
progress towards establishing the task force. This report
should include recommendations concerning the database and
changes in visa policy.
The conference agreement includes up to $2,000,000 for
the Ambassador's Fund for Cultural Preservation, as described
in the Senate report.
The conferees are concerned that the Department's policy
of rotating Foreign Service Officers may hinder the work of the
Bureau of Oceans and International Environmental and Scientific
Affairs (OES). The successful negotiation of effective
international agreements often takes place over an extended
period of time and relies heavily on historical and
institutional knowledge of the pertinent issues. The rotation
of officers on a three year cycle may inhibit the development
of such knowledge. The conferees direct the Department to
report to the Committees no later than July 1, 2004, on the
impact of such personnel policies on the United States' ability
to negotiate effective international environmental treaties.
From within the amount available to the OES Bureau, the
conferees agree that up to $1,000,000 may be available for
international health affairs.
The conferees remain concerned about the adequacy of the
Department's efforts to counter the serious problem of
international child abductions. The conferees direct that the
Department use the authorities in existing law to prohibit the
issuance of visas to international child abductors. The
conferees also direct that, henceforward, the Department
require that children over the age of one year and under the
age of 14 be physically present at the time of application for
a United States passport, or renewal thereof. The conference
agreement includes up to $1,300,000 to promote international
information sharing to combat child pornography as described in
the Senate report.
The conferees direct the Department to undertake a
general survey of foreign missions operating throughout the
United States as part of a performance measurement of the work
of the Office of Foreign Missions. The Department shall report
to the Committees on the findings of this survey no later than
October 1, 2004.
The conferees are aware of dissatisfaction with the
Department's position regarding certain shipments of mahogany
lumber from Brazil. It is the understanding of the conferees
that the required export permits were obtained by the
proprietor of theseshipments from the Government of Brazil, in
accordance with existing law. The conferees expect the Department to
facilitate the resolution of this matter in a way that is equitable and
consistent with U.S. law.
The conferees urge the Department, in consultation with
the Department of Commerce, to ensure that U.S. conservation
standards are applied to foreign fisheries that wish to import
fish products to the U.S., consistent with Public Law 101-162.
The conferees direct the Department to submit an enforcement
plan to the Committees by April 1, 2004, as described in the
House and Senate reports. The Secretary of State and the
Secretary of Commerce shall establish standards and measures
for bycatch reduction that are comparable to U.S. standards, as
described in the Senate report.
As in previous years, the conferees expect that there
will be additional savings available to the Department,
including exchange rate gains and vacancies in funded
positions. The Department will have the ability to propose that
savings be used for needs not funded by the recommendation
through the normal reprogramming process. The conferees are
concerned about the Department's practice of resubmitting
reprogramming requests that have previously been denied by the
Committees on Appropriations. Reprogrammings should be
resubmitted only if the circumstances surrounding the request
or the request itself change substantially enough to warrant a
reevaluation by the Committees.
CAPITAL INVESTMENT FUND
The conference agreement includes $80,000,000 for the
Capital Investment Fund, instead of $142,000,000 as proposed by
the House and $207,000,000 as proposed by the Senate. In
addition, the conferees expect that $114,000,000 in expedited
passport fees will be used to support the information
technology modernization effort, for a total fiscal year 2004
spending availability of $194,000,000.
The entire amount available under this heading, including
fees, will support investments in new information technologies
to improve the efficiency of Department operations. Costs
associated with ongoing information technology operations and
maintenance, including $40,000,000 for equipment replacement
requested under this account, are funded under the Diplomatic
and Consular Programs account.
The conferees encourage the Department to allocate
funding under this heading to the following high priority
projects: the SMART messaging initiative; public key
infrastructure; and up to $8,000,000 for the wide area network/
thin client prototype.
OFFICE OF INSPECTOR GENERAL
The conference agreement includes $31,703,000 for the
Office of Inspector General (OIG) as proposed by the Senate,
instead of $29,777,000 as proposed by the House. The conference
agreement includes language, as carried in previous years,
waiving the requirement for a five-year post inspection cycle.
The conference agreement does not include language in the
Senate report on conducting risk and threat assessments.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement includes a total of $320,000,000
under this heading, instead of $345,346,000 as proposed by the
House and $255,292,000 as proposed by the Senate. The following
chart displays the conference agreement on the distribution of
funds by program or activity under this account, including an
estimated $7,650,000 in prior year recoveries and unobligated
balances:
Amount
(in thousands)
Academic Programs:
Fulbright Students, Scholars, Teachers.............. $150,000
Graduate Fellowships/Junior Faculty Development..... 25,000
Foreign Study Grants for U.S. Undergraduates........ 1,600
Educational Advising and Student Services........... 3,500
English Language Programs........................... 6,800
American Overseas Research Centers.................. 2,700
South Pacific Exchanges............................. 500
Tibet Exchanges..................................... 500
East Timor Exchanges................................ 500
Disability Exchange Clearinghouse................... 500
--------------------------------------------------------
____________________________________________________
Subtotal, Academic Programs....................... 191,600
========================================================
____________________________________________________
Professional and Cultural Programs:
International Visitor Program....................... 58,000
Citizen Exchange Program............................ 22,000
Youth Exchanges/Excellence Awards................... 8,000
Congress-Bundestag Youth Exchange................... 3,000
Mike Mansfield Fellowship Program................... 1,800
Youth Science Leadership Institute of the Americas.. 100
Special Olympics.................................... 800
Africa Workforce Development Exchanges.............. 400
Arctic Winter Games................................. 100
George Mitchell Scholarship Program................. 500
PSC U.S.-Pakistan Educator Development.............. 250
Institute for Representative Government............. 500
Irish Institute..................................... 350
Northern Forum...................................... 250
Winter Cities Conference............................ 100
Seed Programs....................................... 500
Atlantic Corridor................................... 250
Interparliamentary Exchanges........................ 150
--------------------------------------------------------
____________________________________________________
Subtotal, Professional and Cultural Exchanges..... 97,050
========================================================
____________________________________________________
Exchanges Support....................................... 39,000
========================================================
____________________________________________________
Prior Year Balances Applied............................. (7,650)
========================================================
____________________________________________________
Total, Exchange Programs.......................... 320,000
Deviations from this distribution of funds will be subject to
the normal reprogramming procedures under section 605 of this
Act.
The conference agreement adopts, by reference, language
in the House report on the Congress-Bundestag Youth Exchange
program; Fulbright exchanges with Tibet; the Leaders in
Education Initiative; Traditional Public-Private Partnership
grants; artistic and cultural exchanges; minimizing unnecessary
barriers to legitimate travel of exchange program participants;
the priority of enhanced support for engaging Arab and Muslim
audiences through exchange programs; the allocation of funding
under this heading for the Near East and South Asia regions;
and the allocation of all resources under this account in
accordance with worldwide policy priorities.
The conference agreement adopts, by reference, language
in the Senate report regarding a program for Afghan women; the
Fulbright program in Iraq; and a Council of American Overseas
Research Centers program on diamond fingerprinting.
The conference agreement includes increased funding for
exchanges with the countries of Eastern Europe and the former
Soviet Union built into the base programs funded under this
account. The conference agreement includes, by reference,
language in the House report on funding levels for staff and
administrative support. Funding in the preceding chart includes
funding for the Future Leaders Exchange Program. No funding
under this account shall be expended for programs that have
foreign assistance or international development as the primary
goal. The conference agreement does not include funding for
programs, previously funded by transfers from other
appropriations, which do not directly relate to international
educational and cultural exchanges of persons. The amount
provided for Graduate Fellowships is for all such programs
worldwide.
The conferees recognize, in particular, the notable
success of the Fulbright Educational Exchange Program. The
conferees commend Fulbright for developing innovative
initiatives, such as the Fulbright Legacy Fund.
Within funds identified in the above chart for ``Seed
Programs'', the conferees expect the Department to consider
supporting grants for an African career internship immersion
program, a youth cultural festival exchange program, a program
to promote religious tolerance and understanding through
artistic and cultural exchanges, and the five programs listed
in the Senate report under the heading ``Seed Programs''.
Should additional funds become available during the course of
the fiscal year, the conferees encourage the Department to
provide additional funding to the Institute for Representative
Government.
The conferees recognize, in particular, the notable
success of the Fulbright Educational Exchange Program. The
conferees commend Fulbright for developing innovative
initiatives, such as the Fulbright Legacy Fund.
REPRESENTATION ALLOWANCES
The conference agreement includes $9,000,000 for
representation allowances as proposed by the House, instead of
$6,643,000 as proposed by the Senate. The conference agreement
includes, by reference, language in the House report regarding
the submission of a quarterly report on expenditures under this
account.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement includes $10,000,000 under this
heading as proposed by both the House and the Senate. The
conference agreement includes, by reference, language in the
House report regarding the Department's treatment of
reimbursement requests, and the submission of a report on
budgeting for protection expenses in light of heightened
security measures.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement includes a total appropriation
of $1,391,400,000 for Embassy Security, Construction, and
Maintenance. The conference agreement designates $861,400,000
as available only for priority worldwide security upgrades,
acquisition, and construction, the full amount requested for
such activities. The conference agreement includes $530,000,000
for base programs and non-security construction costs. The
conference agreement includes full requested wage and price
increases for the Department's Bureau of Overseas Buildings
Operations (OBO), which will support 787 positions in fiscal
year 2004. The conference agreement includes $20,000 for
domestic and overseas representation, instead of $15,000
proposed by the House and $25,000 proposed by the Senate.
The conference agreement includes $861,400,000 for
worldwide security upgrades, including $761,400,000 to continue
the capital security program of constructing new secure
replacement facilities for the Department's most vulnerable
embassies and consulates. None of the funds made available
under the Security Capital Construction program shall be used
for facilities that are exclusively for the use of a non-State
Department agency. Within the funds made available under this
category, the conferees expect the Department to undertake new
office building projects from among the highest priority
facilities listed in the Long Range Overseas Buildings Plan.
Projects funded under this account must follow a rigorous
rightsizing methodology. The conferees expect that such
rightsizing efforts will enable the Department to support ten
new security capital embassy or consulate construction projects
instead of seven as proposed in the budget request.
The conferees understand that the Department has
evaluated options for a new embassy facility in Beirut,
Lebanon. The conferees expect the Department to report to the
Committees no later than 30 days after the enactment of this
Act on the status of plansto construct such a facility, and to
allocate funds provided under this heading, if appropriate.
The conference agreement includes, by reference, language
in the House report regarding capital security cost sharing,
compound security, security capital projects fully meeting
existing security standards, immediate notification on serious
security risks, reprogramming, and right-sizing. The conference
agreement includes, by reference, language in the Senate report
on a project at U.S. Embassy Mexico and asset management funds.
The conference agreement includes up to $15,000,000 to
secure and protect soft targets, up to $8,000,000 for consular
workspace improvements, and up to $20,000,000 for buyout of
uneconomic leases, as described in the Senate report.
The conference agreement does not include funds requested
under this heading for a new Embassy in Berlin, Germany, and
instead proposes that this project be funded entirely from
funds available in the assets management account. The conferees
agree that the total amount to be provided from proceeds of
sale for the Berlin project is $128,300,000, and that the
facility will be sized to correspond with this project budget.
The conference agreement includes, by reference, language in
the House report regarding the disposal of property at posts
that have had funding approved for the construction of a new
secure compound.
The conferees direct the Department to provide a report
no later than July 1, 2004, which justifies the continued need
for a U.S. consulate in Rio de Janeiro, Brazil, which is
located approximately 260 miles away from the U.S. Consulate in
Sao Paulo, Brazil.
The conferees expect the Department to submit to the
Committees any waiver or waivers signed by the Secretary of
State in accordance with section 606(a)(2) and section
606(a)(3) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (Public Law 106-113) within five
days of the Secretary's signature of such a waiver or waivers.
The conferees direct that the budget categories of
``interiors and furnishings'', ``seismic programs'', and
``energy conservation'' be funded at no less than fiscal year
2003 levels.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The conference agreement includes $1,000,000 under this
heading as proposed by the House, instead of $1,000 as proposed
by the Senate. The conference agreement anticipates that
carryover balances from fiscal year 2003 will be available for
obligation in fiscal year 2004. Within prior year unobligated
balances, the conferees expect that at least $4,000,000 will be
used for the cost of hosting the 2004 Summit of the
Industrialized Nations.
REPATRIATION LOANS PROGRAM ACCOUNT
The conference agreement includes $612,000 for the
subsidy cost of repatriation loans and $607,000 for
administrative costs of the program as proposed by both the
House and Senate.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The conference agreement includes $18,782,000 under this
heading as proposed by the House, instead of $19,893,000 as
proposed by the Senate. The conference agreement includes, by
reference, language in the House report regarding the
submission of a fiscal year 2004 spending plan, except that
such plan shall be submitted by December 31, 2003.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The conference agreement includes $134,979,000 under this
heading, as proposed by both the House and the Senate.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement includes $1,010,463,000 under
this heading as proposed by the House, instead of $921,888,000
as proposed by the Senate.
The conference agreement includes, by reference, language
in the House report regarding offset of exchange rate losses,
reprogramming to meet additional unanticipated costs of UNESCO
membership, UNESCO reforms, reassessment of U.S. membership in
certain international organizations, reform and budget
discipline, the UN regular budget, and the Pan American Health
Organization. The conference agreement includes, by reference,
language from the Senate report regarding the provision of
certain information to the Senate Committee on Appropriations
regarding the Organization for Economic Cooperation and
Development.
The conference agreement includes language requiring the
Secretary to transmit the most recent biennial budget for the
operations of the UN. The conference agreement includes
language, as in fiscal year 2003, providing that funds within
the Diplomatic and Consular programs account may be used for a
United States Government interagency task force to examine,
coordinate, and oversee United States participation in the
United Nations headquarters renovation project. The conferees
are concerned that the task force is not drawing upon the
expertise of the Bureau of Overseas Buildings Operations
(OBO)of the Department of State to the degree that it should be. The
conferees direct the task force to coordinate its efforts with OBO and
to consult with senior OBO officials in formulating its
recommendations.
The conferees are aware of significant potential benefits
that could result from U.S. participation in the International
Coffee Organization (ICO). The Department may propose to use
funds provided under this heading, through the regular
reprogramming process under section 605 of this Act, for costs
associated with rejoining ICO.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement includes a total funding level
of $550,200,000 for payments for Contributions for
International Peacekeeping Activities as proposed by the House,
instead of $482,649,000 as proposed by the Senate. The
conference agreement includes $454,842,000 in new direct
appropriations and $95,358,000 in prior year unobligated
balances, and will provide for the full payment of anticipated
fiscal year 2004 assessments for United Nations peacekeeping
missions. The conference agreement includes language making ten
percent of the amount provided available for two fiscal years.
The conference agreement includes, by reference, language
in the House report regarding UN peacekeeping in the Western
Sahara; UN peacekeeping reform; benchmarks for mission
performance and termination; UN peacekeeping in the Democratic
Republic of the Congo; and the Office of Internal Oversight
Services. The conference agreement includes, by reference,
language in the Senate report regarding peacekeeping reports.
The allocation of funds under this account to specific missions
shall be subject to the reprogramming requirements in section
605 of this Act.
The conferees support the work of the Special Court for
Sierra Leone, and expect the United Nations Mission in Sierra
Leone to provide support, as necessary, to the Court. The
conferees urge the Department to work with the Court and other
nations to ensure the expeditious prosecution of indicted
persons.
The conferees direct the Department to provide a report
to the Committees, no later than August 1, 2004, outlining the
Department's views and strategies regarding United Nations
peacekeeping missions that have been in existence for more than
10 years. The report shall include an assessment of the
possibilities for near-term drawdowns or terminations, and
detailed justifications for the continuation of such missions.
The report shall also include recommendations for U.S. policies
regarding such missions.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
The conference agreement includes a total of $29,551,000
for the International Boundary and Water Commission, United
States and Mexico (IBWC). The total amount provided includes
$26,000,000 for Salaries and Expenses and $3,551,000 for
Construction. The conference agreement includes language
authorizing not to exceed $6,000 for representation expenses.
SALARIES AND EXPENSES
The conference agreement for the Salaries and Expenses
account includes $26,000,000, instead of $25,668,000 as
proposed by the House and $28,312,000 as proposed by the
Senate. The conference agreement includes, by reference,
language in the House report regarding the use of surplus
operations and maintenance funding through reprogramming.
CONSTRUCTION
The conference agreement includes $3,551,000 in new
direct appropriations under this heading, instead of $5,500,000
as proposed by the House and $8,201,000 as proposed by the
Senate. The conferees agree that the Commission may use an
additional $3,125,000 in prior year unobligated balances for
fiscal year 2004 for a total spending level of $6,676,000.
The conference agreement spending levels for ongoing
projects are: $2,306,000 for Boundary-wide construction; and
$2,305,000 for Rio Grande construction. The conference
agreement also includes $950,000 for compliance with the
Surfriders consent decree. Any additional obligations under
this heading within the total spending level cited above,
including any new project starts, shall be subject to the
reprogramming process described in section 605 of this Act.
The conference agreement assumes that the IBWC may carry
out requested Western Boundary activities using prior year
unobligated balances, and propose a distribution of such funds
through the regular reprogramming process. The conferees
encourage the IBWC to attempt, if possible, to achieve greater
secondary treatment of Mexican sewage within current funding
levels under this account. Any plan that assumes a significant
increase in appropriations under this heading in future years
is not feasible given resource restraints and competing
priorities.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The conference agreement includes a total of $8,944,000
under this heading as proposed by the House, instead of
$10,942,000 as proposed by the Senate. This amount includes
$1,261,000 for the International Boundary Commission,
$5,550,000 for the International Joint Commission and
$2,133,000 for the Border Environment Cooperation Commission.
The conference agreement includes, by reference, language in
the House report regarding funding for a study of the water
regulation plan governing Lake Ontario and the St. Lawrence
River.
INTERNATIONAL FISHERIES COMMISSIONS
The conference agreement includes $19,300,000 under this
heading, instead of $16,989,000 as proposed by the House. The
Senate proposed $20,043,000 for this purpose under the
Department of Commerce. The conference agreement includes
$2,250,000 for the Pacific Salmon Commission, $2,100,000 for
the Inter-American Tropical Tuna Commission, $2,180,000 for the
International Pacific Halibut Commission, and $12,248,000 for
the Great Lakes Fishery Commission, of which not less than
$700,000 is for lampricide in Lake Champlain. The conferees
expect the Department to allocate the balance of funds in the
conference agreement, and, through the regular reprogramming
process, any additional funds that may become available, to
priority commissions. In allocating the balance of funds, the
conferees encourage the Department to particularly consider
funding needs of the International Whaling Commission, the
International Commission for the Conservation of Atlantic
Tunas, the North Pacific Anadromous Fish Commission, the Inter-
American Sea Turtle Convention Commission, and the North
Pacific Marine Science Organization. The conferees are aware
that the Department may propose to reprogram funds to meet the
needs of the various fisheries commissions should funding
become available.
The conferees expect the Department to take immediate
action to evaluate and prioritize United States participation
in, and funding for, international fisheries commissions. In a
climate of limited resources the conferees continue to insist
that the Department operate within appropriated amounts,
prioritize as necessary among commissions according to policy
goals, take steps as necessary to withdraw from lower priority
commissions, and refrain from entering into new commitments.
Other
PAYMENT TO THE ASIA FOUNDATION
The conference agreement includes $13,000,000 under this
heading, instead of $10,376,000 as proposed by the House and no
funding as proposed by the Senate.
INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
The conference agreement includes language creating a
permanent trust fund for the International Center for Middle
Eastern-Western Dialogue Trust (in Section 634). The purpose of
this fund is to provide for the operations of the Center in
Istanbul, Turkey, on an annual basis.
The conference agreement includes $7,000,000 under this
heading to be deposited in the International Center for Muslim-
Western Dialogue Trust (the Center) for the perpetual
operations of the Center. The Center is located in the historic
Palazzo Corpi, formerly the U.S. Consulate building in
Istanbul, Turkey. The purpose of the Center is to develop
programs of cooperative study, training, and research for
students and scholars to exchange views and ideas. The Center
shall develop regional-based dialogue groups on such topics as
post-war Iraq and the empowerment of women in Iraq's government
and leadership, among others. The conferees encourage non-
profit organizations to play a continuing role in the
administration of the Center and in the execution of its
programs.
The conference agreement also includes $250,000 for a
steering committee, chaired by the Council of American Overseas
Research Centers (CAORC), to establish the Center. The CAORC
may use the funds provided under this heading for steering
committee meetings and planning workshops to be held in
Istanbul, Turkey, and the United States. The steering committee
shall seek to achieve the following goals: identify potential
partners in the U.S. and abroad; review all aspects of the
structure of the Center and make recommendations concerning its
governance, by-laws, internal organization, and modes of
operation. In addition, CAORC shall be the coordinating liaison
with concerned federal and private agencies, monitor progress
and report to the Committees on Appropriations on an annual
basis.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
The conference agreement includes an appropriation for
fiscal year 2004 of interest and earnings from the Eisenhower
Exchange Fellowship Program Trust Fund, expected to total
$500,000. The conference agreement includes, by reference,
language in the House report regarding geographical priorities
and the selection of fellows.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The conference agreement includes an appropriation for
fiscal year 2004 of interest and earnings of the Israeli Arab
Scholarship Endowment Fund, expected to total $375,000.
EAST-WEST CENTER
The conference agreement includes $17,880,000 under this
heading, instead of no funds as proposed by the House and
$19,000,000 as proposed by the Senate. The conference agreement
includes language waiving an authorization requirement for
fiscal year 2003 appropriations under this heading.
NATIONAL ENDOWMENT FOR DEMOCRACY
The conference agreement includes $40,000,000 for the
National Endowment for Democracy (NED), instead of $42,000,000
as proposed by the House and $36,000,000 as proposed by the
Senate.
RELATED AGENCY
Broadcasting Board of Governors International Broadcasting Operations
The conference agreement includes $546,038,000 to carry
out United States International Broadcasting Operations for
fiscal year 2004. The conference agreement adopts, by
reference, House language regarding communications with the
Committees on Appropriations, and language under the headings
of Arabic Television, Language Service Review and Research,
Africa Broadcasting, and Anti-Jamming Efforts.
The conference agreement adopts, by reference, Senate
language under the headings of Africa Broadcasting, Security of
Worldwide Broadcasting Facilities, Middle East Television
Network, and Jamming.
The conferees support efforts to devote more resources to
regions of the world that have had exposure to U.S.
broadcasting efforts, with particular attention to the Middle
East and to Muslim populations around the globe. The conferees
adopt the Broadcasting Board of Governors' (BBG) proposal
regarding funding for language services in central and eastern
European nations that have been invited to become new member
states of the European Union or the North Atlantic Treaty
Organization, and have received a Freedom House press freedom
ranking equal to that of the United States. The conferees
expect the BBG to continue to monitor the press freedoms in
these countries, and throughout the world, and advise the
Committees on Appropriations regarding any change to language
service priorities.
BBG's proposal would reduce, but not eliminate, language
services to the Ukraine and Armenia. The conferees understand
the VOA Armenian programming would be merged with Radio Free
Europe/Radio Liberty (RFE/RL) broadcasting efforts. The
conferees understand the BBG would not eliminate broadcasting
in Romanian or Croatian.
The conference agreement adopts BBG's proposal to double
VOA radio broadcasts and increase television broadcasts to
Indonesia.
The conferees continue to support RFE/RL programming
efforts in Persian, Tajik, Uzbek, Turkmen, Arabic, Kazakh,
Kyrgyz, and Azeri. The conferees commend RFE/RL for developing
programming in Avar, Chechen, and Circassian, and for expanding
broadcasting to the Northern Caucasus. The conferees recognize
the continuing importance of broadcasting objective, uncensored
information to the isolated minorities of the Northern Caucasus
in their native languages.
The conferees continue to support Radio Free Asia's
broadcasting efforts to China, Tibet, Burma, Vietnam, North
Korea, Laos, and Cambodia and VOA's efforts in North Korea. The
conference agreement includes funding to continue daily Uyghur
broadcasts.
The conferees expect BBG to provide up to $1,000,000 to
administer a pilot program using Internet technologies to
overcome jamming of broadcasts to China.
The conference agreement adopts BBG's proposal to
streamline and reduce costs of management and administration
throughout the BBG, including the realignment of RFE/RL staff
from headquarters to regional bureaus.
The conference agreement includes the realignment of the
CFO office as proposed in a prior reprogramming notification to
the Committees on Appropriations.
The conferees expect the BBG to provide a spending plan
to the Committees on Appropriations in both the House and
Senate by no later than February 14, 2004.
The conference agreement includes language providing for
radio and television broadcasting to the Middle East under the
Middle East Television Network.
The conference agreement includes funding for Office of
Cuba Broadcasting (OCB) under this heading. The conferees
commend the OCB for the successful completion of the conversion
to digital audio and computer networking technologies. The
conferees direct the BBG to pursue alternative means of
transmission, including Internet transmission. The conferees
expect BBG to provide up to $1,200,000 for this activity.
Further, the conference agreement does not include
funding requested for the operating costs related to
transmission stations that are not currently in operation.
The conferees understand the Administration has engaged
the government of the Czech Republic regarding the relocation
of the headquarters facility of the RFE/RL from St. Wenceslas
Square in Prague, the Czech Republic, to a different location.
The conferees further understand that, to date, the BBG and
RFE/RL have not reached agreement with the Czech Republic on a
suitable site within the Czech Republic for relocation. The
conferees direct the Chairman of the BBG to submit no later
than April 1, 2004, a relocation plan to the Committees on
Appropriations. The plan shall include at least four possible
sites, developed in consultation with the Director of the
Department of State's Bureau of Overseas Buildings Operations.
In determining the site options, the conferees direct the BBG
to consider sites in other countries in the region in addition
to the Czech Republic, and include a comparison of the long-
term costs of operating in the different countries.
The BBG is directed to submit a spending plan for funds
provided under this heading, in accordance with section 605 of
this Act.
BROADCASTING CAPITAL IMPROVEMENTS
The conference agreement includes $11,395,000 for
broadcasting capital improvements, as proposed by both the
House and Senate.
The conference agreement adopts, by reference, House
language regarding a certain transmitting station. The
conferees expect the Board to keep the Committees on
Appropriations in both the House and Senate informed on the
status of its efforts to acquire additional transmission
capabilities in the Middle East, including Egypt.
General Provisions--Department of State and Related Agency
The conference agreement includes section 401, permitting
the use of funds for allowances, differentials and
transportation.
The conference agreement includes section 402 dealing
with transfer authority.
The conference agreement includes section 403 prohibiting
the use of funds by the Department of State or the Broadcasting
Board of Governors to provide certain assistance to the
Palestinian Broadcasting Corporation.
The conference agreement includes section 404 regarding
the recording of place of birth on certain passport
applications.
The conference agreement includes section 405 regarding
certain State Department Basic Authorities.
The conference agreement includes section 406 regarding
the denial of visas in certain instances. Nothing in this
section shall be construed as cutting off the need to continue
administrative processing of visa applications after 60 days.
The conference agreement includes section 407 waiving
certain authorization requirements.
The conference agreement includes section 408 regarding
the Senior Policy Operating Group on Trafficking in Persons.
The conference agreement includes language clarifying the
responsibilities of the Senior Policy Operating Group on
Trafficking in Persons. The conferees understand that the
Operating Group has been actively meeting and performing its
designated functions since enactment of Section 406 of division
B of Public Law 108-7. The conferees agree that all anti-
trafficking policies, grants and grant policies shall be
covered by the provisions of Section 406 of division B of
Public Law 108-7. The conference agreement also includes
language clarifying that the Senior Policy Operating Group and
its chairman are the coordinating body (and official)
accountable for federal anti-trafficking policies, grants and
grant policies. The conferees are concerned by recent
administrative efforts to subordinate and transfer the
Operating Group's coordinating responsibilities. The language
also makes clear that the coordinating responsibilities of the
Operating Group are not intended to supercede the decision
making authority of the constituent members of the Task Force
to Monitor and Combat Trafficking in Persons, to whom Operating
Group members continue to report. The Operating Group is, and
was intended to serve as, the forum for interagency
coordination of anti-trafficking policies, even as final
decisions regarding any such policies are necessarily vested
with the President and the senior officials who comprise the
Task Force. The conferees agree that the Senior Operating Group
and its chair have successfully performed the coordinating
functions assigned to them.
The conference agreement includes section 409 regarding
State Department provision of certain information to the
Committees on Appropriations.
TITLE V--RELATED AGENCIES
Antitrust Modernization Commission
SALARIES AND EXPENSES
The conference report includes $1,200,000 for the
Antitrust Modernization Commission instead of $1,799,000 as
provided by the House. The Senate did not fund this commission.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The conference agreement includes $496,000 for the
Commission for the Preservation of America's Heritage Abroad,
instead of $499,000 as proposed by the House and $659,000 as
proposed by the Senate. The conference agreement will allow the
Commission to fund its administrative expenses through
appropriated funds while relying on other sources of funding
for actual purchase and restoration of property.
The conference agreement includes, by reference, language
in the House Report under this heading.
The conferees encourage the Commission to undertake Phase
II of its survey of sites abroad associated with the lives and
deeds of foreign-born heroes of the American Revolution.
Commission on Civil Rights
SALARIES AND EXPENSES
The conference agreement includes $9,096,000 for the
salaries and expenses of the Commission on Civil Rights for
fiscal year 2004, as proposed in both the House and Senate
bills.
The conferees note that the Commission has achieved cost
savings in fiscal year 2003 by holding its monthly meetings in
Washington, DC, versus other locations around the country.
The conferees urge the Commission to continue to seek
cost savings in this manner. In addition, the conferees
encourage the Commission to address the recommendations made by
the October 2003 General Accounting Office report, which
suggested establishing greater controls over contracting
activities and meeting financial statement preparation and
audit requirements.
Commission on International Religious Freedom
SALARIES AND EXPENSES
The conference agreement includes $3,000,000 for the
Commission on International Religious Freedom, as proposed by
the House, instead of $2,000,000 as proposed by the Senate.
The conference agreement includes, by reference, language
in the House Report under this heading.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The conference agreement includes $1,615,000 for the
Commission on Security and Cooperation in Europe as proposed by
the House and the Senate.
The conference agreement includes, by reference, language
in the House Report under this heading.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The conference agreement includes $1,800,000 for the
Congressional-Executive Commission on the People's Republic of
China, as proposed by the House, instead of $1,400,000, as
proposed by the Senate. The conference agreement also includes
new language making $300,000 available for the Political
Prisoners Registry.
The conference agreement includes, by reference, language
in the House Report under this heading.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The conference agreement includes $328,400,000 for the
salaries and expenses of the Equal Employment Opportunity
Commission (EEOC) for fiscal year 2004, as proposed by the
House, instead of $334,754,000 as proposed by the Senate.
The conferees recognize that the Chair and Commissioners
have engaged EEOC stakeholders in a public forum in order to
hear many different perspectives on the proposed restructuring
effort. However, the conferees remain concerned about the
impact this restructuring will have on the quality of service
provided by the agency. The Committees on Appropriations should
be kept apprised of any organizational changes, in accordance
with the reprogramming requirements in Section 605 of the Act.
The conferees are aware of the many financial management
initiatives the EEOC has successfully undertaken over the last
year, and the conferees commend the Commission for these
actions. The Commission is urged to continue these cost saving
measures and the financial management discipline it has
instituted. The conference agreement adopts, by reference, the
language in the House report requiring quarterly reports on
planned and actual spending and staffing levels. The conference
agreement also includes, by reference, the language in the
House report on Alternative Dispute Resolution programs.
Federal Communications Commission
SALARIES AND EXPENSES
The conference agreement includes $273,958,000 for the
salaries and expenses of the Federal Communications Commission
(FCC) for fiscal year 2004, instead of $278,958,000 as provided
by the House and $277,798,000 as provided by the Senate. Of the
amounts provided, $272,958,000 is to be derived from offsetting
fee collections, resulting in a net direct appropriation of
$1,000,000.
The FCC performs four major functions: spectrum
allocation, creating rules to promote fair competition and
protect consumers where required by market conditions,
authorization of service, and enforcement. The conferees direct
the FCC to expend for enforcement in fiscal year 2004 an amount
equal to or greater than the amount expended for enforcement in
fiscal year 2003.
The conference agreement includes, by reference, language
included in the House and Senate reports on broadcast
television standards. The conference agreement includes, by
reference, language in the Senate report regarding Universal
Service Fund audits and wireless portability.
The conferees are pleased that the FCC is voluntarily
examining the practice of Commissioners and staff receiving
travel payments from entities it regulates in order to largely
eliminate section 1353 travel. The FCC should inform the
Committees on Appropriations of any resulting changes to the
travel policy. The conference agreement includes a level of
funding that is sufficient to accommodate mission-critical
travel.
The conference agreement allows the FCC to spend up to
$85,000,000 to administer the spectrum auctions program. In
addition, all collections retained by the FCC in accordance
with section 309(j)(8)(B) of the Communications Act of 1934 are
subject to the requirements of section 605 of this Act.
Federal Trade Commission
SALARIES AND EXPENSES
The conference agreement includes $186,041,000 for the
Federal Trade Commission (FTC), instead of $183,041,000 as
proposed by the House and $189,032,000 as proposed by the
Senate. Of the amounts provided, $112,000,000 is derived from
Hart-Scott-Rodino premerger filing fees, $23,100,000 is derived
from Do-Not-Call fees, and $50,941,000 is derived from
discretionary appropriations.
The conference agreement adopts by reference the House
report language requiring GAO to study the implementation of
the Do-Not-Call program and determine whether the Commission is
achieving its goal of reducing by 80 percent the number of
telemarketing calls received by registered consumers. To
improve responsiveness to an individual's decision to enroll in
the Do-Not-Call program, the conference report includes bill
language requiring telemarketers who are 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.
The conference agreement adopts by reference the House
report language concerning violent video games. In addition,
the conferees direct the Commission to make the toll free
consumer complaint line (1-877-FTC-HELP) and the Commission's
web-site available for consumer complaints on media violence.
The Commission should make consumers aware that the complaint
line and web-site are available for this purpose.
The conference agreement adopts by reference the Senate
report language concerning child protection, the Internet, and
commercial fleet card programs.
Federal Deposit Insurance Act.--In the Fiscal Year 2003
Conference Report, the conferees directed the General
Accounting Office (GAO) to study the enforcement of section 43
of the Federal Deposit Insurance Act and make recommendations
to the Committees on Appropriations on which Federal agency
could most effectively enforce this provision. GAO Report 03-
971 recommends that the Commission is the best among the
Federal agencies considered to enforce the consumer protection
activities of this provision. In addition, the report also
concludes that the most apparent impact on consumers, from the
lack of enforcement of section 43, may result from non-
Federally insured credit unions not providing adequate
disclosure that they are not Federally insured. Based on these
recommendations, the conference agreement revises language
included in the House and Senate bills requiring enforcement
concerning disclosure and annual independent audits, but
maintains the prohibition of enforcement of section 43(e)
concerning the eligibility of Federal deposit insurance.
In the enforcement of section 43, the FTC is directed to
consult with the Federal Deposit Insurance Corporation and the
National Credit Union Administration when determining the
manner and content of disclosure requirements, and to
coordinate with State supervisors of non-Federally insured
depository institutions to assist in enforcing these
requirements.
HELP Commission
SALARIES AND EXPENSES
The conference agreement includes $3,000,000 for
necessary expenses of establishing the Helping to Enhance the
Livelihood of People (HELP) Around the Globe Commission. The
conference agreement also includes authorization language under
title VI of this Act concerning the Commission and its
activities.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The conference agreement includes $338,848,000 for the
payment to the Legal Services Corporation, as proposed in both
the House and Senate bills. The recommendation is $9,548,000
above the budget request. Of the amounts provided, the Legal
Services Corporation will provide $2,500,000 in grants
equitably distributed to the ten states most negatively
affected by recent census-based reallocations.
ADMINISTRATIVE PROVISION
The conference agreement includes bill language to
continue the terms and conditions included under this section
in previous Appropriations Acts.
Marine Mammal Commission
SALARIES AND EXPENSES
The conference agreement includes $1,856,000 for the
Marine Mammal Commission, as proposed by the House, instead of
$3,063,000 as proposed by the Senate. An additional $1,207,000
is provided by transfer from the National Oceanic and
Atmospheric Administration, Operations, Research, and
Facilities account. The conference agreement includes, by
reference, the language in the Senate report on the cost
effectiveness of current protection programs and the effects of
rogue killer whales on the most endangered marine mammals.
National Veterans Business Development Corporation
The conference agreement includes $2,000,000 for the
National Veterans Business Development Corporation as provided
by the House and the Senate. The conferees note that the
Corporation's authorizing legislation mandates that it
institute a plan to raise private funds and become a self-
sustaining corporation by the end of fiscal year 2004. The
conferees encourage efforts by the Corporation to meet this
goal.
Securities and Exchange Commission
SALARIES AND EXPENSES
The conference agreement includes $811,500,000 for the
Securities and Exchange Commission, instead of $841,500,000 as
provided by the House and Senate.
Staffing.--In fiscal year 2003, the Commission was
provided with funding for 840 new positions to protect
investors and implement the Sarbanes-Oxley Act. The fiscal year
2004 budget request assumed that the 840 new positions funded
in fiscal year 2003 would be hired by the start of fiscal year
2004. The conferees understand the Commission has had
difficulty hiring accountants and examiners but that Public Law
108-44 provides the Commission with greater flexibility in
hiring these positions. The conferees understand that through
November 1, 2004, the Commission has only been able to increase
its staff by 309. As a result of lower than anticipated on-
board staffing levels, the conference agreement has reduced the
level of funding provided to the Commission by $30,000,000. The
conferees direct the Commission to continue to work to fill all
of the 840 new positions as quickly as possible and to provide
the Committees on Appropriations with quarterly staffing
reports.
The conference agreement adopts by reference the Senate
report language concerning pay parity and enforcement. The
conference agreement adopts by reference the Senate report
language concerning data management and includes such sums as
are necessary to fund these efforts. The conference agreement
adopts by reference the Senate report language requiring a
monthly report to the Senate Appropriations Committee listing
the exercise of stock options by corporate officers and
directors. The conference agreement adopts by reference the
House report language requiring GAO to study the Commission's
allocation of funding increases provided in fiscal years 2003
and 2004. The conference agreement adopts by reference all of
the House report language concerning the establishment of an
Office of Global Security Risk within the Division of
Corporation Finance.
Small Business Administration
The conference agreement provides a total of $718,343,000
for the four appropriations accounts of the Small Business
Administration (SBA). Detailed guidance for the four SBA
appropriation accounts is contained in the following
paragraphs.
SALARIES AND EXPENSES
The conference agreement includes $325,750,000 for the
salaries and expenses account of the SBA instead of
$326,592,000 as provided by the House and $332,413,000 as
provided by the Senate. Of the amount provided under this
heading, $185,000,000 is for operating expenses of the SBA. In
addition, a total of $136,500,000 from other SBA accounts may
be transferred to and merged with the salaries and expenses
account for indirect operating costs. This amount consists of
$128,000,000 from the Business Loans Program account and
$8,500,000 from the Disaster Loans Program account for the
administrative expenses related to those accounts.
The conference agreement includes the full amount
requested for Low Documentation Processing Centers and expects
the SBA to continue to help small businesses adapt to a
paperless procurement environment.
The conferees adopt by reference the House report
language concerning the submission of a long-range plan for the
implementation of the loan monitoring system and the joint
accounting and administrative systems project.
Non-Credit Programs.--The conference agreement includes
the following for the non-credit programs of the SBA:
Regulatory Fairness Boards/National Ombudsman........... $500,000
Advocacy Research....................................... 1,100,000
Veterans Programs....................................... 750,000
7(j) Technical Assistance Programs...................... 2,000,000
Small Business Development Centers...................... 89,000,000
SCORE................................................... 5,000,000
Women's Business Centers................................ 12,500,000
Women's Business Council................................ 750,000
Native American Outreach................................ 2,000,000
Drug-free Workplace Program............................. 1,000,000
Business Information Centers............................ 400,000
Microloan Technical Assistance.......................... 15,000,000
PRIME Technical Assistance.............................. 5,000,000
SBIR Technical Assistance............................... 250,000
SBIR--FAST.............................................. 2,000,000
HUBZones................................................ 2,000,000
US Export Assistance.................................... 1,500,000
Total, non-credit programs........................ 140,750,000
The SBA shall not reduce these non-credit programs to
fund operating costs. Of the amounts provided for the Small
Business Development Center (SBDC) program, $500,000 shall be
available for the South Carolina Women's Business Center. In
addition, SBA shall fund the SBDC defense transition program
and the regulatory compliance simplification program at the
fiscal year 2003 level. The conferees adopt by reference the
House report language requiring SBA to submit a report to the
Committees on Appropriations within 90 days of enactment of
this Act describing the various programs offered by SBDCs to
support American small businesses.
SBA is directed to report to the Committee prior to
closing any Business Information Centers. The report should
include a justification for closing the particular office and a
detailed proposal as to how services will be provided to the
affected community in the future.
The conferees adopt by reference the Senate report
language concerning an electronic grant system. The conferees
support the SBA's 8(a) business development program internet
application program.
The conferees adopt by reference the Senate report
language directing that disaster loans in Alaska continue to be
managed by SBA and not be sold for processing.
Because of the unique legal status of Alaska Natives,
Native Hawaiians, and residents living in the territories, the
offices handling SBA programs on reservations often lack the
knowledge and ability to make SBA programs work outside the
continental United States. To address this failure, the
conferees direct the SBA to assign a Senior Executive Service
(SES) position to focus on these unique communities. The
conferees expect this new SES position shall be accommodated
within SBA's existing number of SES positions. Within 60 days
of enactment of this Act, the conferees direct SBA to submit to
the Committees on Appropriations a report outlining all SES
positions within the SBA, including their titles and
responsibilities, and a proposed reorganization of these
positions to ensure the needs of Alaska Natives, Native
Hawaiians, and residents living in the territories are being
addressed.
Office of Inspector General
The conference agreement includes $13,000,000 for the
Office of Inspector General of the Small Business
Administration as proposed by the House instead of $12,341,000
as provided by the Senate. The conference agreement includes
language allowing $500,000 to be transferred to this account
from the Disaster Loans Program for oversight costs related to
that program.
BUSINESS LOANS PROGRAM ACCOUNT
The conference agreement includes $209,042,000 under this
account, consisting of: $79,132,000 for the Business Loans
Program account for subsidies for guaranteed business loans;
$1,910,000 for subsidies for direct business loans; and
$128,000,000 for administrative expenses related to business
loan programs. The amount provided for administrative expenses
may be transferred to and merged with the appropriation for SBA
salaries and expenses to cover the common overhead expenses
associated with business loans. In addition, the conference
agreement includes a provision, also carried in previous years,
which allows up to $45,000,000 to remain available for two
fiscal years.
7(a) Business Loan Program.--The conference agreement
includes $101,228,000 for the 7(a) program. This amount
includes $79,132,000 in appropriations, $19,773,000 in prior
year unobligated balances, and $2,455,000 in remaining balances
from the DELTA 7(a) program. Section 633 of this Act makes the
remaining balances available for the DELTA 7(a) program
available for the general 7(a) program. The conferees
understand that there is no longer a demand for the DELTA 7(a)
programs.
The total level of funding provided will support a loan
program level of $9,550,000,000, which is $250,000,000 above
the requested program level and $612,000,000 above the level of
7(a) business loans provided in fiscal year 2003.
The conferees were disappointed to learn that the subsidy
included in the Administration's budget request is inaccurate
and that an additional $4,000,000 above the request is required
to fund the Administration's requested program level. While the
conferees have provided this increase to ensure sufficient
funding is available to assist American small businesses, the
conferees expect future budget requests to contain accurate
subsidy rate calculations.
DISASTER LOANS PROGRAM ACCOUNT
The conference agreement includes $170,551,000 for the
Disaster Loans Program Account for loan subsidies and
associated administrative expenses instead of $190,250,000 as
provided by the House and Senate. The conference agreement
includes new budget authority of $56,188,000 for the subsidy
costs of disaster loans and $114,363,000 for administrative
expenses associated with carrying out the program.
The conference agreement provides for a total of
$89,109,000 for disaster loans of which $56,188,000 is in new
appropriations and $32,921,000 in prior year carryover
balances, including $15,032,000 made available through Section
628 of this Act. This fully funds the Administration's
requested disaster loans program level of $760,316,000. The
conferees understand that at this time the Administration
believes that the costs associated with Hurricane Isabel and
the fires in California can be funded within the requested
disaster loan program level.
Within the $114,363,000 provided for administrative
expenses, $500,000 is available for the Office of Inspector
General, $105,363,000 is available for direct administrative
expenses of loan making and servicing, and $8,500,000 is
available to be transferred to the Salaries and Expenses
account for indirect costs of the program.
State Justice Institute
SALARIES AND EXPENSES
The conference agreement provides $2,250,000 for the
State Justice Institute (SJI), instead of $3,000,000 as
proposed by the House and $5,000,000 as proposed by the Senate.
The conferees encourage SJI to work with the Office of Justice
Programs on issues involving State courts and encourages SJI to
apply for funding under OJP grant programs that support State
court programs.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The conference agreement includes $2,000,000 for the
Commission, as proposed by the Senate. The House did not
include funding for this Commission under this heading.
The conferees direct the Commission to consult with the
Secretary of Commerce, as appropriate, to research and report
back to the Committees on Appropriations regarding the
following:
China's industrial policies, including ``pillar''
sectors, technology acquisitions through joint
ventures, various forms of subsidization, and the short
and long-term implications of the modernization of
those industries for the U.S. economy, industry, and
employees;
Exports from China's state enterprises, the types
and amounts of subsidies provided, and the longer-term
effects of such exports/subsidies on specific U.S.
industries;
Various means to compensate losses of U.S.
intellectual property holders created by China's
inability to meet its WTO intellectual property
commitments;
Shifts of research and development from the United
States to China, the nature of the 134 major foreign
research and development corporate complexes now
identified by the People's Republic of China, the
prospects for future European Union, Japanese, and
United States research and development shifts to China,
and the resulting implications to U.S capacities;
Items on the U.S.-China Advanced Technology Trade
list cross-referenced to the items on the Department of
Defense's Critical Technology List, and what part of
total U.S. purchases of these items are imported from
China;
An analysis of the extent of professional service
outsourcing that now exists and is projected from the
United States, and the ultimate location of that
outsourcing, and quantifications of the longer-term
consequences to affected U.S. professions, such as
software engineering;
A survey of business groups on the extent to which
U.S. manufacturers and their supply chains are
relocating to China.
The conferees expect this report to be provided to the
Committees on Appropriations no later than May 1, 2004.
TITLE VI--GENERAL PROVISIONS
The conference agreement includes the following General
Provisions:
Sec 601.--The conference agreement includes section 601
regarding the use of appropriations for publicity and
propaganda purposes.
Sec. 602.--The conference agreement includes section 602
regarding the availability of appropriations for obligation
beyond the current fiscal year.
Sec. 603.--The conference agreement includes section 603
regarding the use of funds for consulting purposes.
Sec. 604.--The conference agreement includes section 604
providing that should any provision of the Act be held to be
invalid, the remainder of the Act would not be affected.
Sec. 605.--The conference agreement includes section 605
regarding the policy by which funding available to the agencies
funded under this Act may be reprogrammed for other purposes.
Sec. 606.--The conference agreement includes section 606
regarding the construction, repair, or modernization of
National Oceanic and Atmospheric Administration vessels in
overseas shipyards.
Sec. 607.--The conference agreement includes section 607
regarding the purchase of American made products.
Sec. 608.--The conference agreement includes section 608
prohibiting funds in the bill from being used to implement,
administer, or enforce any guidelines of the Equal Employment
Opportunity Commission (EEOC) similar to proposed guidelines
covering harassment based on religion published by the EEOC in
October 1993.
Sec. 609.--The conference agreement includes section 609
prohibiting the use of funds to implement a certain Memorandum
of Agreement between the Federal Trade Commission and the
Antitrust Division of the Department of Justice.
Sec. 610.--The conference agreement includes section 610
prohibiting the use of funds for any United Nations
peacekeeping mission that involves U.S. Armed Forces under the
command or operational control of a foreign national unless the
President certifies that the involvement is in the national
security interest.
Sec. 611.--The conference agreement includes section 611
that requires agencies to provide quarterly reports to the
Committees on Appropriations regarding unobligated balances.
Sec. 612.--The conference agreement includes section 612
that prohibits use of funds to expand the U.S. diplomatic
presence in Vietnam beyond the level in effect July 11, 1995,
unless the President makes a certification that several
conditions have been met regarding Vietnam's cooperation with
the United States on POW/MIA issues.
Sec. 613.--The conference agreement includes section 613
requiring agencies and departments funded in this Act to absorb
any necessary costs related to downsizing or consolidation
within the amounts provided to the agency or department.
Sec. 614.--The conference agreement includes section 614
concerning funding under the Local Law Enforcement Block Grant
program.
Sec. 615.--The conference agreement includes section 615
regarding the sale or export of tobacco or tobacco products.
Sec. 616.--The conference agreement includes section 616
extending the prohibition on the use of funds to issue a visa
to any alien involved in extrajudicial and political killings
in Haiti, including exemption and reporting requirements.
Sec. 617.--The conference agreement includes section 617
that prohibits a user fee from being charged for background
checks conducted pursuant to the Brady Handgun Control Act of
1993, and prohibits implementation of a background check system
which does not require or result in destruction of certain
information.
Sec. 618.--The conference agreement includes section 618
regarding amounts available under the Crime Victims Fund.
Sec. 619.--The conference agreement includes section 619
prohibiting the use of Department of Justice funds for programs
that discriminate against, denigrate, or otherwise undermine
the religious beliefs of students participating in such
programs.
Sec. 620.--The conference agreement includes section 620
prohibiting the use of funds appropriated or otherwise made
available to the Departments of State and Justice to process
visas for citizens of countries that the Attorney General has
determined deny or delay accepting the return of deported
citizens.
Sec. 621.--The conference agreement includes section 621
providing additional amounts for the Small Business
Administration.
Sec. 622.--The conference agreement includes section 622
prohibiting the use of Department of Justice funds to transport
a maximum or high security prisoner to any facility other than
a facility certified by the Bureau of Prisons as appropriately
secure to house such a prisoner.
Sec. 623.--The conference agreement includes section 623
that prohibits the use of appropriated funds to purchase
certain audio-visual materials to be used by Federal prisoners
for primarily recreational purposes.
Sec. 624.--The conference agreement includes section 624
regarding a position within the Small Business Administration.
Sec. 625.--The conference agreement includes section 625
regarding transfers of funds.
Sec. 626.--The conference agreement includes section 626
regarding the negotiation or reevaluation of international
agreements.
Sec. 627.--The conference agreement includes section 627
regarding the implementation of telecommuting programs.
Sec. 628.--The conference agreement includes section 628
regarding the Small Business Administration Disaster Loans
Program.
Sec. 629.--The conference agreement includes section 629
regarding the national ownership cap on television broadcast
licenses.
Sec. 630.--The conference agreement includes section 630
regarding firearms tracing studies.
Sec. 631.--The conference agreement includes section 631
regarding a Small Business Administration loan program fee.
Sec. 632.--The conference agreement includes section 632
regarding Small Business Administration balances.
Sec. 633.--The conference agreement includes section 633
regarding a Middle East International Center.
Sec. 634.--The conference agreement includes section 634
regarding patents.
The conferees have included a provision prohibiting funds
to process patents of human organisms. The conferees concur
with the intent of this provision as expressed in the colloquy
between the provision's sponsor in the House and the ranking
minority member of the House Committee on Appropriations as
occurred on July 22, 2003, with respect to any existing patents
on stem cells.
Sec. 635.--The conference agreement includes section 635
regarding the United Nations Human Rights Commission.
Sec. 636.--The conference agreement includes section 636
regarding international child abduction.
Sec. 637.--The conference agreement includes section 637
regarding the HELP Commission.
Sec. 638.--The conference agreement includes section 638
regarding amounts provided in this Act.
TITLE VII--RESCISSIONS
(INCLUDING RESCISSIONS)
DEPARTMENT OF JUSTICE
General Administration
WORKING CAPITAL FUND
(RESCISSION)
The conference agreement includes a rescission of
$67,326,000 from unobligated balances in this account, instead
of $499,000 as proposed by the Senate. The House did not
propose a rescission.
COUNTERTERRORISM FUND
(RESCISSION)
The conference agreement includes a rescission of
$40,000,000 from prior year unobligated balances in this
account instead of $50,000,000 as proposed by the Senate. The
House did not propose a rescission. The conferees note that
unobligated balances of $20,784,000 remain available for
obligation in this account.
Legal Activities
ASSET FORFEITURE FUND
(RESCISSION)
The conference agreement includes a rescission of
$61,608,000 from available balances in the Asset Forfeiture
Fund Super Surplus.
Federal Prison System
BUILDINGS AND FACILITIES
(RESCISSION)
The conference agreement includes a rescission of
$51,895,000 from prior year unobligated balances in this
account originally made available for the FCI California prison
construction project.
Office of Justice Programs
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(RESCISSION)
The conference agreement includes a rescission of
$21,600,000 from unobligated balances under this heading
including $2,500,000 from Drug Courts, $13,600,000 from State
Prison Grants, $4,000,000 from State Prison Drug Treatment, and
$1,500,000 from CCTV.
COMMUNITY ORIENTED POLICING SERVICES
(RESCISSION)
The conference agreement includes a rescission of
$6,378,000 from the unobligated balances under this heading, as
requested and as included in the House bill.
JUVENILE JUSTICE PROGRAMS
(RESCISSION)
The conference agreement includes a rescission of
$15,900,000 from the unobligated balances under this heading
for Part B formula grants.
DEPARTMENT OF COMMERCE AND RELATED AGENCIES
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
(RESCISSION)
The conference agreement includes a rescission of
$40,000,000 from unobligated travel and tourism funds provided
in Public Law 108-7.
National Oceanic and Atmospheric Administration
COASTAL AND OCEAN ACTIVITIES
(RESCISSION)
The conference agreement includes a rescission of
$2,500,000 in unobligated land acquisition funds provided in
Public Law 106-553 and designated for Winyah Bay.
TITLE VIII--ALASKAN FISHERIES
The conference agreement includes language regarding the
management of Alaskan fisheries.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2004 recommended by the Committee of Conference,
with comparisons to the fiscal year 2003 amount, the 2004
budget estimates, and the House and Senate bills for 2004
follows:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2003... $40,530,029
Budget estimates of new (obligational) authority, fiscal
year 2004........................................... 41,211,965
House bill, fiscal year 2004............................ 41,230,679
Senate bill, fiscal year 2004........................... 40,372,908
Conference agreement, fiscal year 2004.................. 41,041,509
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2003.............................................. +511,480
Budget estimates of new (obligational) authority,
fiscal year 2004.................................. -170.456
House bill, fiscal year 2004........................ -189,170
Senate bill, fiscal year 2004....................... +668,601
DIVISION C
District of Columbia Appropriations
In implementing this agreement, the Departments and
agencies should comply with the language and instructions set
forth in House Report 108-214 and Senate Report 108-142. The
committee of conference approves the language and instructions
set forth in these reports, which are not changed by the
conference agreement.
In the case where the language and instructions
specifically address the allocation of funds, the Departments
and agencies are to follow the funding levels specified in the
Congressional budget justifications accompanying the fiscal
year 2004 budget or the underlying authorizing statute and
should give full consideration to all items, including items
allocating specific funding included in the House and Senate
reports. With respect to the provisions in the House and Senate
reports that specifically allocate funds, each has been
reviewed and those that are jointly concurred in have been
included in this joint statement.
A summary chart appears later in this statement showing
the Federal appropriations by account and the allocation of
District funds by agency or office under each appropriation,
the fiscal year 2004 request, the House and Senate
recommendations, and the conference allowance.
The District of Columbia Appropriations Act, 2004, put in
place by this bill, incorporates the following agreements of
the managers:
TITLE I--FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The conference agreement includes $17,000,000 for a
Federal payment for resident tuition support as proposed by
both the House and Senate. The agreement also includes language
to require the Office of the Chief Financial Officer to provide
a quarterly financial report to the Committees on
Appropriations of the House of Representatives and Senate as
proposed by the House. The Senate bill required the Resident
Tuition Support Office and the Office of the Chief Financial
Officer to provide such a report.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The conference agreement includes $11,000,000 for a
Federal payment for emergency planning and security costs in
the District of Columbia. This amount, together with funds
carried over from fiscal year 2003, provides a total program
level of $15,000,000 as proposed by both the House and Senate.
The agreement makes a technical correction describing the use
of these funds as proposed by the House.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The conference agreement includes $167,765,000 for a
Federal payment to the District of Columbia courts, instead of
$163,819,000 as proposed by the House and $172,104,000 as
proposed by the Senate. Included in this amount is $3,946,000
above the President's request for fire and security system
upgrades, Moultrie Courthouse renovation, and the Integrated
Justice Information System. The Courts shall provide written
notification of how this funding will be distributed to the
Committees on Appropriations of the House of Representatives
and Senate.
The agreement includes a provision as proposed by the
Senate to allow the District of Columbia courts to reallocate
not more than $1,000,000 of the funds provided under this
heading among items and entities funded under this heading. The
House bill allowed funds for the Court of Appeals, Superior
Court, and Court System to be reallocated, but such
reallocation may increase or decrease funding for such entity
by no more than two percent.
The conferees understand the Courts have submitted plans
to the National Capital Planning Commission for the restoration
of the Old Courthouse for re-use by the District of Columbia
Court of Appeals, but the Commission is holding up review of
these plans pending an agreement with the Law Enforcement
Museum on a design for the outdoor plaza area. The conferees
expect the project will move forward as quickly as possible to
permit efficient use of taxpayer dollars, and note that
delaying the review and approval of the restoration plan could
needlessly increase the cost of the project.
DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
The conference agreement includes $32,000,000 for
Defender Services in District of Columbia courts as proposed by
both the House and Senate.
The agreement includes language as proposed by the Senate
to allow funds to be used for payments for counsel appointed in
adoption proceedings under chapter 3 of title 16, D.C. Code.
The House bill contained no similar provision.
The agreement includes modified Senate language to allow
the courts to enter into contractual agreements to provide
guardian ad litem representation, training, technical
assistance, and/or other services to improve the quality of
guardian ad litem representation. The House bill contained no
similar provision. The Joint Committee on Judicial
Administration of the District of Columbia shall monitor the
guardian ad litem program and provide the necessary technical
support to ensure superior representation of children and
families.
The agreement also includes two provisions as proposed by
the House to allow District of Columbia Court funds to be used
for payments under this heading and to allow the Joint
Committee on Judicial Administration to use District of
Columbia Court funds to make payments described under this
heading forobligations incurred during any fiscal year. The
Senate bill contained no similar provisions.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
The conference agreement includes $168,435,000 for a
Federal payment to the Court Services and Offender Supervision
Agency for the District of Columbia, instead of $163,081,000 as
proposed by the House and $173,396,000 as proposed by the
Senate. Included in this amount is $1,910,000 above the
President's request to reduce supervision caseload ratios for
sex-offenders, mental health, and domestic violence cases to
25:1 by the end of fiscal year 2004. Current caseload ratios
for these high-risk offenders are 36:1, 47:1, and 42:1,
respectively.
The agreement includes language as proposed by the Senate
to allow the Public Defender Service for the District of
Columbia to transfer and hire motor vehicles. The House bill
contained no similar provision. The agreement does not include
Public Defender Service descriptive language as proposed by the
Senate. The House bill contained no similar provision.
The agreement does not include a provision proposed by
the Senate to allow the Director of the Court Services and
Offender Supervision Agency the authority to accept
appropriation reimbursements from the District government for
space and services provided on a cost reimbursable basis. The
House bill contained no similar provision.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The conference agreement includes $30,000,000 for a
Federal payment to the District of Columbia Water and Sewer
Authority for the continued implementation of the Combined
Sewer Overflow Long-Term Plan, instead of $35,000,000 as
proposed by the House and $25,000,000 as proposed by the
Senate.
FEDERAL PAYMENT FOR HOSPITAL BIOTERRORISM PREPAREDNESS IN THE DISTRICT
OF COLUMBIA
The conference agreement includes $7,500,000 for a
Federal payment to the District of Columbia Department of
Health for hospital bioterrorism preparedness in the District
of Columbia, instead of $10,000,000 as proposed by the Senate.
The House bill contained no similar provision. Of this amount,
$3,750,000 is for the expansion of quarantine facilities and
the establishment of a decontamination facility at Children's
National Medical Center and $3,750,000 is for construction of
containment facilities at the Washington Hospital Center.
FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE
The conference agreement includes $5,000,000 for a
Federal payment to the District of Columbia Department of
Transportation for design and construction of a continuous
pedestrian and bicycle trail system from the Potomac River to
the District's border with Maryland, instead of $4,300,000 as
proposed by the House and $6,000,000 as proposed by the Senate.
The agreement also makes these funds available until September
30, 2005, as proposed by the House. The Senate bill made these
funds available until expended. The conferees concur with
language contained in the Senate report requiring the
Comptroller General to conduct a study of National Park Service
land in the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The conference agreement includes $1,300,000 for a
Federal payment to the Criminal Justice Coordinating Council as
proposed by the House. The Senate bill contained no similar
provision.
FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN THE DISTRICT OF COLUMBIA
The conference agreement includes $8,150,000 for a
Federal payment to the District of Columbia for capital
development, instead of $8,000,000 as proposed by the House and
$5,000,000 as proposed by the Senate. Included in this amount
is $150,000 for renovations at Eastern Market. Also included in
this amount is $8,000,000 for the Unified Communications Center
as proposed by the House, instead of $5,000,000 as proposed by
the Senate.
FEDERAL PAYMENT FOR PUBLIC SCHOOL FACILITIES
The conference agreement includes $4,500,000 for a
Federal payment to the District of Columbia Public Schools for
public school facilities. The Senate bill contained no similar
provision. Of this amount, $500,000 is for a window repair and
reglazing program and $4,000,000 is for a playground repair and
replacement program.
FEDERAL PAYMENT FOR A FAMILY LITERACY PROGRAM
The conference agreement includes $2,000,000 for a
Federal payment to the District of Columbia for a family
literacy program as proposed by the House. The Senate bill
contained no similar provision. The agreement also includes a
provision as proposed by the House to require the District to
provide a 100 percent match with local funds as a condition of
receiving this payment. The Senate bill contained no similar
provision.
FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE
The conference agreement includes $3,500,000 for a
Federal payment to the District of Columbia Department of
Transportation for transportation assistance as proposed by the
Senate. The House bill contained no similar provision. Of this
amount, $500,000 is for a downtown circulator transit system
and $3,000,000 is for the District's operating subsidy payment
to the Washington Metropolitan Area Transit Authority.
FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE DISTRICT OF
COLUMBIA
The conference agreement includes $14,000,000 for a
Federal payment for foster care improvements in the District of
Columbia as proposed by the Senate.The House bill contained no
similar provision. Of this amount, $9,000,000 is for the District of
Columbia Child and Family Services Agency, $3,900,000 is for the
District of Columbia Department of Mental Health, and $1,100,000 is for
the Washington Metropolitan Council of Governments.
FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER OF THE
DISTRICT OF COLUMBIA
The conference agreement includes $32,350,000 for a
Federal payment to the Office of the Chief Financial Officer of
the District of Columbia, instead of $10,000,000 as proposed by
the House and $33,000,000 as proposed by the Senate. These
funds are for programs and activities to support economic
development and infrastructure in the District, and the health,
education, and job training needs of District residents and are
to be allocated as follows: $50,000 to the Educational
Advancement Alliance for the Youth Civic Engagement and DC
Exposure program; $75,000 to the Polaris Project for an
outreach program to assist victims of trafficking; $100,000 for
Anacostia Town Hall and Entertainment Center and the Washington
Ballet for a collaborative effort to complete construction of a
dance studio to serve low-income children; $100,000 to Asian
American Leadership, Empowerment and Development for Youth and
Families for educational and social programs; $100,000 to the
Association for the Preservation of Historic Congressional
Cemetery for the development of a comprehensive landscape plan,
the removal of dead or dying trees, and the continued repair of
the Public Vault; $100,000 to the Levine School of Music for
the establishment of a DC Charter Schools Music Education
program; $100,000 to the Latin American Youth Center for
renovation of a residential home for teen girls; $100,000 to
the National Child Research Center for the establishment of
early childhood education programs; $100,000 to the Youth
Leadership Foundation for character building programs for
middle school students; $125,000 to the Shakespeare Theater for
educational outreach programs in the District of Columbia
public schools; $150,000 to the International Youth Service and
Development Corps for the Washington, D.C. Mentoring Friends
program and the People's House Hotline; $150,000 to KidBiz3000
for a reading comprehension, fluency and vocabulary program in
District of Columbia schools; $150,000 to Kids Voting USA for
the establishment of citizenship programs in the District of
Columbia; $150,000 to the Les Aspin Center of Government for
training and development of the Community Service and Outreach
program; $150,000 to Safe Shores--The D.C. Children's Advocacy
Center for outreach and services to child abuse victims in the
District; $150,000 to Southeastern University for expansion of
the E-Learning program; $200,000 to the Best Friends Foundation
for a youth development program for District youth; $200,000 to
the Court Appointed Special Advocates (CASA) of the District of
Columbia for expansion of services to children in the Family
Court; $200,000 to the Congressional Glaucoma Caucus to
purchase and equip additional mobile vans to screen for and
treat glaucoma; $200,000 to Everybody Wins! DC, Inc. for the
Power Lunch mentoring and literacy program; $200,000 to Friends
of Fort Dupont Ice Arena for capital improvements; $200,000 to
the National Music Center and Museum Foundation Institute for
Education and the Arts for a program to use the performing and
visual arts as teaching and learning tools in District public
schools; $200,000 to the District of Columbia Public Libraries
to expand access to public computers and the Internet in
neighborhoods where it is needed the most; $200,000 to the
Three Doctors Foundation, Inc. for an educational and
motivational lecture series to include District of Columbia
high schools; $200,000 to Values First, Inc. for the
continuation of a values infusion program in the District of
Columbia public schools; $200,000 to Washington Center on Best
Practices for assistance to and promotion of early college
awareness programs; $250,000 to American Cities Foundation to
convene policymakers and civic leaders in the District of
Columbia to address urban challenges; $250,000 to the ARISE
Foundation for a life-management skills program targeting high-
risk youth in the District; $250,000 to the Capitol Hill Arts
Workshop for capital improvements; $250,000 to the Caribbean
American Mission for Education Research and Action to build
linkages between Caribbean educational entities and District of
Columbia and other regional higher education institutions;
$250,000 to New Leaders for New Schools for the development of
fellows partnerships with District public schools and public
charter schools; $250,000 to the Phelps-Stokes Fund for the
implementation of the Teacher's Laboratory and Workshop for
District of Columbia Public School teachers; $300,000 to the DC
Safe Kids Campaign to establish additional child safety seat
fitting stations throughout low-income neighborhoods in the
District of Columbia; $350,000 to Friends in Choice in Urban
Schools for the development of new charter schools in the
District; $350,000 to Soaring Towards Educational Enrichment
via Equine Discovery, Inc. for an education and recreation
program in the District; $400,000 to Catalyst for the
establishment of the Benjamin Banneker Institute for Science
and Technology; $400,000 to Community Youth Connection to
provide clothing, shoes, eyeglasses, and services to low-income
school-age children; $400,000 to the Eisenhower Foundation's
Youth Safe Haven and Delancey Street Replication for services
to reduce crime, drug use, and improve the lives of children in
this neighborhood; $400,000 to Recording for the Blind and
Dyslexic Services for teacher training in District of Columbia
schools; $400,000 to initiate a Targeted Abstinence Program in
the District of Columbia that will provide technical training
and resource materials to promote effective intervention
strategies; $400,000 to the Metropolitan Washington Council of
Governments' District of Columbia Area Housing Trust Fund to
increase funds available in a pool of resources to provide low-
incomehousing in the District of Columbia; $450,000 to The
House DC, Inc. for renovations; $500,000 to the Discovery Creek
Children's Museum for the purchase of supplies for mobile school
exhibits and to increase access to the museum's programs on the
Chesapeake Bay and the Anacostia River; $500,000 for implementation of
the Environmental Active Cap demonstration project on the Anacostia
River; $500,000 to Gospel Rescue Ministries of Washington, DC for a
residential program to help men and women recover from substance abuse,
homelessness, and chronic unemployment; $500,000 to the National
Capital Children's Museum for planning and design; $500,000 to the
National Rehabilitation Hospital for capital improvements; $500,000 to
Trident Systems Incorporated for deployment of the District Public
Safety Situation Awareness system; $500,000 to the Second Chance
Employment Service for capital equipment to expand services for women
who have been victims of domestic violence; $500,000 to the Washington
Opera for the Education and Community program to enhance classroom
learning in District of Columbia Public Schools through music education
and with the D.C. Arts Humanities Education Collaborative; $600,000 to
Green Door for completion of a new facility to provide coordinated
services for individuals with mental illness; $750,000 to the Center
for Mental Health, Inc. to increase the number of families in the
District served through its model of family-centered treatment;
$750,000 to the Historical Society of Washington for the City Museum to
develop educational programming and materials for District school
children; $750,000 to the Institute for Educational Equity and
Opportunity for educational programs; $750,000 to the National Center
for Manufacturing Sciences for a partnership with the Excel Institute
to develop a job training program for District residents; $750,000 to
the Whitman-Walker Clinic for renovation of the Max Robinson Center;
$850,000 to the Women's Center for the expansion of the Family
Strengthening Program and Hispanic Outreach Service into the District
of Columbia; $1,000,000 to Access Housing for renovation of the
Southeast Veterans Service Center; $1,000,000 to Barracks Row Main
Street, Inc. for the construction of two gateways; $1,000,000 to
Shakespeare Theater for construction of a new downtown facility which
will provide affordable access to the Arts; $1,050,000 to Voyager
Expanded Learning for implementation of the Universal Literacy Program
in District of Columbia schools; $1,200,000 to the National Trust for
Historic Preservation for the restoration of the Lincoln Cottage and
for the creation of interpretive programs and exhibits at the site;
$1,500,000 to the Old Naval Hospital Foundation project for creation of
a community center on Capitol Hill; $2,000,000 to St. Coletta of
Greater Washington, Inc. for property acquisition and construction of a
facility to provide services for mentally retarded and multiple-
handicapped adolescents and adults in the District of Columbia; and
$5,000,000 to Children's National Medical Center in the District of
Columbia for expansion of a neo-natal care unit, pediatric intensive
care unit, and cardiac intensive care unit.
The agreement includes $200,000 to the Office of the
Chief Financial Officer (OCFO) for auditors, attorneys,
accountants, and additional staff to review and audit all
entities who are receiving funding under this heading. The
conferees expect that the OCFO will report to the Committees on
Appropriations of the House of Representatives and Senate on
the financial status of these organizations and how they have
used Federal funds provided under this heading. The conferees
expect all entities receiving funds to provide proper access to
records as is necessary for the OCFO to carry out these
reviews.
The agreement includes a provision as proposed by the
Senate to require each entity that receives funding under this
heading to submit to 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. The
House bill contained no similar provision.
FEDERAL PAYMENT FOR EMERGENCY PERSONNEL CROSS TRAINING
The conference agreement includes $500,000 for a Federal
payment to the Emergency Management Agency for activities
related to the cross training of police officers, firefighters,
emergency medical technicians, and other emergency personnel.
The agreement makes these funds contingent upon the submission
of a detailed cross training plan for the District's public
safety workforce. The House and Senate bills contained no
similar provision.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The conference agreement includes $40,000,000 for a
Federal payment for a school improvement program in the
District of Columbia, instead of $10,000,000 as proposed by the
House and $27,000,000 as proposed by the Senate. Included in
this amount is $13,000,000 for the District of Columbia Public
Schools to improve public school education; $13,000,000 for the
State Education Office to expand quality charter schools in the
District of Columbia; and $14,000,000 for the Secretary of the
Department of Education to provide opportunity scholarships for
students in the District of Columbia.
The conferees expect that the $13,000,000 provided to the
District of Columbia Public Schools for the improvement of
public school education in the District of Columbia shall be
used to strengthen leadership and instructional excellence
through principal and teacher recruitment and retention, and to
increase student achievement through supplemental services and
public school choice.
The $13,000,000 provided to the State Education Office to
expand charter schools in the District of Columbia shall be
distributed as follows: $5,000,000 for the City Build Charter
School Initiative; $6,000,000 for the Direct Loans Fund for
Charter School Improvement, of which not more than five percent
shall be foradministrative expenses; and $2,000,000 as a one-
time payment to the Charter School Facilities Fund.
The funding to develop the City Build Charter School
Initiative will create five new charter schools in the
District. The conferees support the concept that improving
education is integral to securing neighborhoods and promoting
urban development. The Mayor shall submit a plan to the
Committees on Appropriations of the House of Representatives
and Senate within thirty days of enactment, identifying the
five potential City Build charter schools and detailing the
city's plan for implementation of the Initiative.
In identifying the schools, the Mayor shall take into
account how a new school would contribute to and encourage
economic development in a specific neighborhood by: attracting
business investment; stabilizing and increasing the population;
and encouraging community collaboration. The conferees
recommend that the Mayor hold a public meeting to consult with
advocacy groups and community leaders on the location of the
five City Build pilot schools. The Mayor shall notify Congress
at regular intervals on the progress of the Initiative.
The $14,000,000 provided to the Secretary of the
Department of Education is to provide opportunity scholarships
to low-income students in the District of Columbia who are
attending consistently under-performing public schools to
choose to attend private schools within the District of
Columbia. These scholarships will be for tuition,
transportation, and fees at participating private schools
within the District and cannot exceed $7,500 per student. If
the funds provided are not sufficient to serve all the eligible
applicants, scholarships will be awarded through random
selection. The agreement intends that up to $1,000,000 of these
funds may be used to administer and fund assessments for title
III of this Act. The conferees expect the Secretary of
Education to enter into a Memorandum of Understanding with the
Mayor of the District of Columbia to select one or more
grantees to administer the scholarship program through a
competitive process.
The conferees expect that the Memorandum of Understanding
between the Mayor and the Secretary will include, but not be
limited to, the following components: (1) strong accountability
measures and program performance evaluations; (2)
specifications for a lottery system which will provide fair and
unbiased acceptance of students into the scholarship program,
and allow participating schools to consider a sibling
preference; (3) joint oversight by the Mayor of the District of
Columbia and the Secretary of Education of the program's
operations; (4) the evaluation and methodology for the
selection of participating schools which have met the District
of Columbia's current licensure requirements; (5) the
methodology for determining the tuition and fees of
participating schools, including the actual cost; (6) the
development of appropriate oversight and accountability
measures; and (7) teacher quality criteria.
TITLE II--DISTRICT OF COLUMBIA FUNDS OPERATING EXPENSES
DIVISION OF EXPENSES
The conference agreement provides that operating expenses
for the District of Columbia for fiscal year 2004 shall not
exceed $6,326,138,000, of which $3,832,734,000 is from local
funds, including $96,248,000 from funds identified in the
fiscal year 2002 comprehensive annual financial report as the
District's fund balance funds, $1,568,734,000 is from Federal
grant funds, $910,904,000 is from other funds, and $13,766,000
is from private funds as proposed by both the House and Senate.
In addition, the agreement includes $119,650,000 from funds
previously appropriated in this Act as Federal payments,
instead of $59,800,000 as proposed by the House and
$109,500,000 as proposed by the Senate.
The agreement exempts sections 417 and 436 from the total
appropriation provided under this heading. The House bill
provided an exemption for section 417 and the Senate bill
provided for the exemption of all provisions of this Act.
The agreement does not include an earmark for intra-
District funds as proposed by the Senate. The House bill
contained no similar provision.
GOVERNMENTAL DIRECTION AND SUPPORT
The conference agreement includes $284,415,000 for
governmental direction and support, including $206,825,000 from
local funds, $57,440,000 from Federal grant funds, and
$20,150,000 from other funds as proposed by both the House and
Senate. In addition, the agreement includes $46,450,000 from
funds previously appropriated in this Act as Federal payments,
instead of $10,000,000 as proposed by the House and $21,100,000
as proposed by the Senate. These Federal payment funds are
allocated as follows:
Office of the Mayor.--$1,100,000 for foster care
improvements, $2,000,000 for a family literacy program, and
$11,000,000 for emergency planning and security costs.
Office of the Chief Financial Officer.--$32,350,000 to
support economic development and infrastructure in the
District, and the health, education, and job training needs of
District residents.
The conferees are disappointed with the slow pace in
which the District and the Board of Education are providing
charter schools access to surplus public school facilities and
space in underutilized schools. There are 28 surplus schools in
the city's inventory that could be made available to charter
schools. Likewise, student enrollment in public schools is down
almost 15,000 freeing up space equivalent to 20 school
buildings. Yet 23 charter schools do not have permanent homes
and new charter schools are being established each year.
Theconferees believe the District should take this opportunity to
provide strong leadership and foster a plan to develop and promote
public schools and public charter schools, including the co-location of
schools. The conferees direct the District government and the Board of
Education to develop a task force to study what can be done to ensure
the equitable and efficient use of public school buildings, both
surplus and underutilized buildings. The conferees request a report no
later than January 16, 2004 on the status of this task force.
ECONOMIC DEVELOPMENT AND REGULATION
The conference agreement includes $276,647,000 for
economic development and support, 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 as proposed
by both the House and Senate.
PUBLIC SAFETY AND JUSTICE
The conference agreement includes $745,958,000 for public
safety and justice, 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 as proposed by both the
House and Senate. In addition, the agreement includes
$1,800,000 from funds previously appropriated in this Act as
Federal payments, instead of $1,300,000 as proposed by the
House. The Senate bill contained no similar provision. These
Federal payment funds are allocated as follows:
Emergency Management Agency.--$500,000 for emergency
personnel cross training.
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.
PUBLIC EDUCATION SYSTEM
The conference agreement includes $1,157,841,000 for the
public education system, 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 from the Medicaid and Special Education Reform Fund
as proposed by both the House and Senate. In addition, the
agreement includes $47,500,000 from funds previously
appropriated in this Act as Federal payments, instead of
$21,500,000 as proposed by the House and $43,000,000 as
proposed by the Senate. These Federal payment funds are
allocated as follows:
District of Columbia Public Schools.--$4,500,000 for
public school facilities and $13,000,000 for school
improvement.
State Education Office.--$13,000,000 for school
improvement and $17,000,000 for resident tuition support.
The conferees are disappointed with the slow pace in
which the District and the Board of Education are providing
charter schools access to surplus public school facilities and
space in underutilized schools. There are 28 surplus schools in
the city's inventory that could be made available to charter
schools. Likewise, student enrollment in public schools is down
almost 15,000 freeing up space equivalent to 20 school
buildings. Yet 23 charter schools do not have permanent homes
and new charter schools are being established each year. The
conferees believe the District should take this opportunity to
provide strong leadership and foster a plan to develop and
promote public schools and public charter schools, including
the co-location of schools. The conferees direct the District
government and the Board of Education to develop a task force
to study what can be done to ensure the equitable and efficient
use of public school buildings, both surplus and underutilized
buildings. The conferees request a report no later than January
16, 2004 on the status of this task force.
The Telecommunications Act of 1996 designated elementary
and secondary schools and libraries as beneficiaries of
universal service for telecommunications services. This
specific support, in the form of discounts on
telecommunications services, has become known as the education
rate or E-rate. The conferees request a report no later than
March 1, 2004 that shows, by fiscal year, the total amount of
E-rate funding District of Columbia Public Schools received and
a breakout of which schools received funding and how much they
received. The report should also include further details of how
each school spent its E-rate funding and a brief description of
the impact this funding has had on integrating technology into
its curriculum and programs.
District of Columbia Public Schools.--The allocation
includes $870,135,000 for District of Columbia public schools,
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 from the
Medicaid and Special Education Reform Fund as proposed by both
the House and Senate. In addition, the agreement includes
$17,500,000 from funds previously appropriated in this Act as
Federal payments, instead of $4,500,000 as proposed by the
House. The Senate bill contained no similar provision.
State Education Office.--The allocation includes
$38,752,000 for the State education office, including
$9,959,000 from local funds, $28,617,000 from Federal grant
funds, and $176,000 from other funds as proposed by both the
House and Senate. In addition, the agreement includes
$30,000,000 from funds previously appropriated in this Act as
Federal payments, instead of $43,000,000 as proposed by the
Senate. The House bill contained no similar provision.
District of Columbia Public Charter Schools.--The
allocation includes $137,531,000 from local funds for District
of Columbia public charter schools as proposed by both the
House and Senate.
University of the District of Columbia.--The allocation
includes $80,660,000 for the University of the District of
Columbia, 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 as proposed by both the House and
Senate.
District of Columbia Public Libraries.--The allocation
includes $28,287,000 for District of Columbia public libraries,
including $26,750,000 from local funds, $1,000,000 from Federal
grant funds, and $537,000 from other funds as proposed by both
the House and Senate. In addition, the agreement includes
$200,000 from funds previously appropriated in this Act as
Federal payments to the Office of the Chief Financial Officer
to expand access to public computers and the Internet in
neighborhoods where it is needed the most.
Commission on the Arts and Humanities.--The allocation
includes $2,476,000 for the commission on the arts and
humanities, including $1,601,000 from local funds, $475,000
from Federal grant funds, and $400,000 from other funds as
proposed by both the House and Senate.
HUMAN SUPPORT SERVICES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $2,360,067,000 for
human support services, 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 from the Medicaid and Special Education Reform Fund
as proposed by both the House and Senate. In addition, the
agreement includes $20,400,000 from funds previously
appropriated in this Act as Federal payments, instead of
$12,900,000 as proposed by the Senate. The House bill contained
no similar provision. These Federal payment funds are allocated
as follows:
Department of Mental Health.--$3,900,000 for foster care
improvements.
Department of Health.--$7,500,000 for hospital
bioterrorism preparedness.
Child and Family Services Agency.--$9,000,000 for foster
care improvements.
PUBLIC WORKS
The conference agreement includes $327,046,000 for public
works, including $308,028,000 from local funds, $5,274,000 from
Federal grant funds, and $13,744,000 from other funds as
proposed by both the House and Senate. In addition, the
agreement includes $3,500,000 from funds previously
appropriated in this Act as Federal payments as proposed by the
Senate. The House bill contained no similar provision. These
Federal payment funds are allocated as follows:
Department of Transportation.--$3,500,000 for
transportation assistance.
CASH RESERVE
The conference agreement includes $50,000,000 from local
funds for the cumulative cash reserve as proposed by both the
House and Senate.
EMERGENCY AND CONTINGENCY RESERVE FUNDS
The conference agreement provides such amounts from local
funds as are necessary to meet the balance requirements for the
emergency reserve fund and the contingency reserve fund as
proposed by both the House and Senate.
REPAYMENT OF LOANS AND INTEREST
The conference agreement includes $311,504,000 from local
funds for repayment of loans and interest as proposed both the
House and Senate.
PAYMENT OF INTEREST ON SHORT-TERM BORROWING
The conference agreement includes $3,000,000 from local
funds for payment on short-term borrowing as proposed by both
the House and Senate.
CERTIFICATES OF PARTICIPATION
The conference agreement includes $4,911,000 from local
funds for certificates of participation as proposed by both the
House and Senate.
SETTLEMENTS AND JUDGMENTS
The conference agreement includes $22,522,000 from local
funds for settlements and judgments as proposed by both the
House and Senate.
WILSON BUILDING
The conference agreement includes $3,704,000 from local
funds for the Wilson building as proposed by both the House and
Senate.
WORKFORCE INVESTMENTS
The conference agreement includes $22,308,000 from local
funds for workforce investments as proposed by both the House
and Senate.
NON-DEPARTMENTAL AGENCY
The conference agreement includes $19,639,000 for the
non-Department agency, including $11,455,000 from local funds
and $8,184,000 from other funds as proposed by both the House
and Senate.
PAY-AS-YOU-GO CAPITAL
The conference agreement includes $11,267,000 from local
funds for pay-as-you-go capital as proposed by both the House
and Senate.
TAX INCREMENT FINANCING PROGRAM
The conference agreement includes $1,940,000 from local
funds for a tax increment financing program as proposed by both
the House and Senate.
MEDICAID DISALLOWANCE
The conference agreement includes $57,000,000 from local
funds for making refunds associated with disallowed Medicaid
funding as proposed by both the House and Senate.
ENTERPRISE AND OTHER FUNDS
WATER AND SEWER AUTHORITY
The conference agreement includes $259,095,000 from other
funds for the water and sewer authority as proposed by both the
House and Senate. Theagreement also includes $229,807,000 from
other funds for construction projects instead of $199,807,000 as
proposed by both the House and Senate. In addition, the agreement
includes $30,000,000 from funds previously appropriated in this Act as
a Federal payment for the combined sewer overflow long-term plan,
instead of $35,000,000 as proposed by the House and $25,000,000 as
proposed by the Senate.
WASHINGTON AQUEDUCT
The conference agreement includes $55,553,000 from other
funds for the Washington aqueduct as proposed by both the House
and Senate.
STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND
The conference agreement includes $3,501,000 from other
funds for the stormwater permit compliance enterprise funds as
proposed by both the House and Senate.
LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND
The conference agreement includes $242,755,000 from other
funds for the lottery and charitable games enterprise fund as
proposed by both the House and Senate.
SPORTS AND ENTERTAINMENT COMMISSION
The conference agreement includes $13,979,000 from local
funds for the sports and entertainment commission as proposed
by both the House and Senate.
DISTRICT OF COLUMBIA RETIREMENT BOARD
The conference agreement includes $13,895,000 for the
District of Columbia retirement board from other funds as
proposed by both the House and Senate.
WASHINGTON CONVENTION CENTER ENTERPRISE FUND
The conference agreement includes $69,742,000 from other
funds for the Washington convention center enterprise fund as
proposed by both the House and Senate.
NATIONAL CAPITAL REVITALIZATION CORPORATION
The conference agreement includes $7,849,000 from other
funds for the National capital revitalization corporation as
proposed by both the House and Senate.
CAPITAL OUTLAY
(INCLUDING RESCISSIONS)
The conference agreement includes $1,004,796,000 for
capital outlays, including $601,708,000 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 years as proposed by both the House and
Senate. In addition, the agreement includes $13,150,000 from
funds previously appropriated in this Act as Federal payments,
instead of $4,300,000 as proposed by the House and $11,000,000
as proposed by the Senate. These Federal payment funds are
allocated as follows: $150,000 for renovations at Eastern
Market; $5,000,000 for the Anacostia Waterfront Initiative; and
$8,000,000 for the Unified Communications Center.
The conferees request that a report on the activities
carried out with these funds be submitted to the Committees on
Appropriations of the House of Representatives and Senate no
later than March 15, 2004.
TITLE III--DC SCHOOL CHOICE INCENTIVE ACT OF 2003
The conference agreement includes language to establish a
5-year school choice program in the District of Columbia.
TITLE IV--GENERAL PROVISIONS
The conference agreement changes several section numbers
for sequential purposes and makes technical revisions to
several provisions.
The conference agreement retains Sec. 407(a) as proposed
by the House to prohibit the use of any funds in the Act 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.
The Senate bill allowed the use of local funds for this
purpose.
The conference agreement retains Sec. 407(b) and (c) as
proposed by the House to allow the use of local funds to carry
out lobbying activities on any matter except the promotion or
support of any boycott, statehood for the District or voting
representation in Congress. The Senate bill allowed the use of
local funds for these purposes.
The conference agreement retains Sec. 417 as proposed by
the House to establish criteria for the acceptance, obligation,
and expenditure of Federal, private, and other grants by the
District government. The Senate bill included a similar
provision, but included different criteria.
The conference agreement includes Sec. 421 as proposed by
the House to prohibit the use of any funds contained in this
Act for needle exchange programs. The Senate bill allowed the
use of local funds for such programs.
The conference agreement makes Sec. 429 permanent law as
proposed by the House. The Senate bill contained no similar
provision.
The conference agreement makes Sec. 431 permanent law as
proposed by the House. The Senate bill contained no similar
provision.
The conference agreement includes Sec. 432 as proposed by
the Senate. The House bill contained a similar provision, but
required that all savings be used to expand special education
services within the District.
The conference agreement includes Sec. 434 to amend the
Student Loan Marketing Association Reorganization Act of 1996
to clarify that annual administrative costs should be provided
through the credit enhancement fund. TheHouse and Senate bills
contained no similar provision. The administrative fee cannot exceed 5
percent within any year, is non-cumulative, and is to be based on
annual calculations. Any unobligated amounts at the close of the fiscal
year shall revert back to the credit enhancement fund prior to the
calculation of the following year's administrative cap. These funds
will enable the Office of Charter School Financing and Support to
expand its ability to conduct outreach to charter schools and provide
technical assistance to attain appropriate facilities.
The conference agreement includes Sec. 435 as proposed by
the Senate to provide for the appointment and compensation of
counsel in adoption cases. The House bill contained no similar
provision.
The conference agreement includes Sec. 436 which amends
Senate Sec. 141 to allow the District to exceed its
appropriation by not more than $15,000,000 from funds
identified in comprehensive annual financial report as the
fiscal year 2003 general fund surplus with prior approval from
the Committees on Appropriations. The House bill contained no
similar provision.
The conference agreement does not include a provision as
proposed by the House to prohibit the use of funds in the Act
to support the action of District of Columbia, et al., v.
Beretta U.S.A. et al. The Senate bill contained no similar
provision.
The conference agreement does not include a provision as
proposed by the Senate related to the District acceptance and
use a gift or donation. The House bill contained no similar
provision. This provision is permanent law.
The conference agreement does not include a provision as
proposed by the Senate related to the procurement of goods or
services. The House bill contained no similar provision.
The conference agreement does not include a provision as
proposed by the Senate related to payments within the District
of Columbia Courts. The House bill contained no similar
provision. This provision is permanent law.
The conference agreement does not include a provision as
proposed by the Senate related to the Crime Victims
Compensation Fund. The House bill contained no similar
provision. This provision is permanent law.
The conference agreement does not include a provision as
proposed by the Senate related to other type funds. The House
bill contained no similar provision.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2004 recommended by the Committee of Conference,
with comparisons to the fiscal year 2003 amount, the 2004
budget estimates, and the House and Senate bills for 2004
follows:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2003... $508,670
Budget estimates of new (obligational) authority, fiscal
year 2004........................................... 420,644
House bill, fiscal year 2004............................ 466,000
Senate bill, fiscal year 2004........................... 545,000
Conference agreement, fiscal year 2004.................. 545,000
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2003.............................................. +36,330
Budget estimates of new (obligational) authority,
fiscal year 2004.................................. +124,356
House bill, fiscal year 2004........................ +79,000
Senate bill, fiscal year 2004....................... +0
DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS,
2004
TITLE I--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
The managers note that in fiscal year 2004, there is no
request by the President for a subsidy appropriation for the
Export-Import Bank of the United States. While the conference
agreement provides no funding for the subsidy appropriation,
the managers expect that there will be no reduction in Export-
Import Bank activity levels due to the extraordinarily high
level of carryover balances in fiscal year 2004, which total
approximately $575,000,000.
The conference report includes no appropriation for the
tied-aid ``war chest''. The estimated $260,000,000 remaining
``war chest'' balance for tied-aid purposes may be used to
support loans. The managers continue to expect that none of the
funds appropriated by prior Acts for the tied-aid credits or
grants may be used for any other purpose except through the
regular notification procedures of the Committees on
Appropriations.
The conference agreement appropriates $72,895,000 for
administrative expenses for the Export-Import Bank, instead of
$71,395,000 as proposed by the House and $74,395,000 as
proposed by the Senate.
The conference agreement does not include a first-time
appropriation for the Office of Inspector General. The Senate
provided $1,000,000 for this office and the House did not
address this matter. The managers note that the Export-
ImportBank already has an audit committee and other regimes in place,
including independent auditors that provide financial oversight to its
operations.
Overseas Private Investment Corporation
The managers direct the President of OPIC to continue
current policy and consult with the Committees on
Appropriations before any future financing for non-governmental
organizations or private and voluntary organizations is
approved.
Trade and Development Agency
The managers commend the Trade and Development Agency
(TDA) for its efforts to assist countries in improving their
aviation safety and security systems, which has had a positive
effect on enhancing United States trade for our aviation and
aerospace industries. The managers recognize that setting
aviation and safety standards worldwide is an important
component for integrating a global system of trade.
Accordingly, the managers recommend $1,500,000 for TDA to
promote its work in this area by providing for the development
of training materials to help prepare participating countries
for International Civil Aviation Organization (ICAO) audits and
to correct safety and security deficiencies.
TITLE II--BILATERAL ECONOMIC ASSISTANCE
United States Agency for International Development
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
The conference agreement appropriates $1,835,000,000 for
the Child Survival and Health Programs Fund instead of
$2,235,830,000 as proposed by the House and $1,435,500,000 as
proposed by the Senate. Significant funding for HIV/AIDS is in
a new account, the ``Global HIV/AIDS Initiative'', and
additional funding for HIV/AIDS, tuberculosis (TB), malaria,
and other health issues is provided in Assistance for Eastern
Europe and the Baltic States, Economic Support Fund, Assistance
for the Independent States of the Former Soviet Union, and
Foreign Military Financing accounts. The managers welcome the
emergence of the Office of the Global AIDS Coordinator at the
State Department, and specific direction for this office and
its funding is included under the heading ``Global HIV/AIDS
Initiative''.
The conference agreement includes the list of funding
categories as proposed by the House which makes clear that
funding for children orphaned or otherwise made vulnerable by
HIV/AIDS should be considered separately from that for other
orphans and vulnerable children. The managers also include
$250,000 for the monitoring and oversight of child survival,
maternal and family planning/reproductive health, and
infectious disease programs, instead of $150,000 as contained
in the Senate.
The conference agreement includes language allocating
$1,835,000,000 among seven program categories in the Child
Survival and Health Programs Fund: $330,000,000 for child
survival and maternal health, including vaccine-preventable
diseases such as polio; $28,000,000 for vulnerable children
(not including children affected by HIV/AIDS); $516,500,000 for
HIV/AIDS, including assistance for communities, including
children orphaned by HIV/AIDS and otherwise affected by the
disease; $185,000,000 for other infectious diseases, including
TB and malaria; $375,500,000 for reproductive health/family
planning; and $400,000,000 for the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global ATM Fund). The managers expect
that any change proposed subsequent to the allocation as
directed in bill language will be subject to the requirements
of section 515 of this Act. A definition of program categories
and their components can be found on pages 9 through 11 of
House Report 107-142 and under the heading ``Family Planning/
Reproductive Health'' on page 12 of Senate Report 107-58. The
managers, for the first time in several years, include funding
for UNICEF in ``International Organizations and Programs''
rather than in this account.
The managers commend the President for his commitment to
combat HIV/AIDS, TB, and malaria. The conference agreement
includes $1,646,000,000to fight these three diseases, and
anticipates that $754,00,000 is available in the Labor, Health and
Human Services Appropriations Act. It is anticipated that a total of
$2,400,000,000 is provided to fight HIV/AIDS, TB, and malaria in these
two Acts.
Of the amounts in this Foreign Operations Appropriations
Act, $516,500,000, $185,000,000, and $400,000,000 are for HIV/
AIDS, TB, and malaria, and a United States contribution to the
Global ATM Fund, respectively. An additional $491,000,000 is
included in the Global HIV/AIDS Initiative account, and
$53,500,000 is in Economic Support Fund, Foreign Military
Financing, and regional accounts for Eastern Europe and the
Baltic States and the Former Soviet Union.
Foreign Operations funding for HIV/AIDS, TB, and Malaria, fiscal year
2004
Child Survival and Health Programs Fund (CSH)........... 1,101,500,000
HIV/AIDS............................................ (516,500,000)
Other Infectious Diseases (TB + malaria)............ (185,000,000)
Global ATM Fund..................................... (400,000,000)
Global HIV/AIDS Initiative.............................. 491,000,000
Other bilateral accounts, HIV/AIDS, TB, malaria......... 53,500,000
--------------------------------------------------------
____________________________________________________
Total, HIB/AIDS, TB, malaria...................... 1,646,000,000
The managers recognize that these three pandemics,
especially HIV/AIDS and TB, are closely related, and that the
response to them can not readily be separated. However, the
managers have estimated how this $1,646,000,000 could be
disaggregated by major infectious disease for tracking
purposes. The managers also note that funding for ``other
infectious disease'' should be allocated for activities besides
fighting tuberculosis and malaria, such as disease
surveillance. The TB and malaria estimates in this section
should not be construed to indicate that these activities
should not be undertaken.
The conference agreement provides not less than
$1,283,500,000 for programs for the prevention and treatment of
HIV/AIDS, and for care and support of those infected and
affected by the disease. $756,500,000 is funded through the
Child Survival and Health Programs Fund, including $240,000,000
as a conservative estimate of the amount form this Act that
will be allocated for HIV/AIDS by the Global ATM Fund. An
additional $491,000,000 is included in the Global HIV/AIDS
Initiative account, and an estimated $36,000,000 is provided
through other accounts, such as the Economic Support Fund,
International Disaster Assistance, Foreign Military Financing,
and regional accounts for Eastern Europe and the former Soviet
Union. The estimate of $1,283,500,000 for HIV/AIDS does not
include the United States share of HIV/AIDS assistance through
the World Bank Group.
The managers provide most HIV/AIDS funding in two
accounts, Child Survival and Health and a new account, the
Global HIV/AIDS Initiative, similar to the structure of the
Senate bill and the budget request. Instructions retained from
the House bill and relevant to the Global HIV/AIDS Initiative
are included under that heading. The managers intend that the
$516,500,000 allocated for HIV/AIDS in the Child Survival and
Health Programs Fund will be used to finance on-going programs,
and that the $491,000,000 in the Global HIV/AIDS Initiative
account will be used for new and expanded programs in 15 focus
countries.
The managers recognize that the epicenter of the HIV/AIDS
epidemic is moving from Africa and the Caribbean toward Asia,
Eastern Europe, and the former Soviet Union. In order to help
prevent these epidemics from exploding, the managers once again
direct that funds form the Child Survival and Health Programs
Fund be made available for HIV/AIDS programs in Eastern Europe
and the former Soviet Union. The conference report also
includes funds under several bilateral accounts specifically to
fight HIV/AIDS, TB, and malaria. The managers also encourage
USAID, working in coordination with the Global AIDS
Coordinator, to make make available funds from Child Survival
and Health Programs Fund for HIV/AIDS program in ``EST
countries'' other than those for which funds are specifically
mandated in this Act.
The managers concur with the President's 2001 remarks at
the announcement of the initial United States contribution to
the proposed Global Fund to Fight AIDS, Tuberculosis and
Malaria that a successful approach to fighting these diseases
must incorporate bilateral and multilateral programs and
approaches, and that the Global ATM Fund has a crucial role to
play in marshalling and distributing international resources.
The conference agreement includes $400,000,000 for a
contribution to the Global ATM Fund, as proposed by the House,
rather than $250,000,000 as in the Senate bill or $100,000,000
as contained in the budget request. The managers note that, of
the awards pledged thus far by the Global ATM Fund to recipient
countries, approximately 60 percent are for HIV/AIDS
interventions, 23 percent are for malaria interventions, and 17
percent are for TB or combined TB/AIDS interventions. The
managers have used these percentages to estimate the portion of
the United States contributions to the Global ATM Fund that is
likely be attributed for each disease.
The managers intend that the United States contributions
to the Global ATM Fund be used to leverage other donors'
contributions. The conference agreement does not include a
provision contained in the House bill limiting the United
States contribution to the Global ATM Fund to not more than
one-half of all contributionsfrom other sources because a
provision addressing the same matter is contained in section 202 of
Public Law 108-25, the ``United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003''. The managers expect that the
Global AIDS Coordinator will use the funds provided for a United States
contribution to the Global ATM Fund to maximally leverage resources
from other donors.
However, the managers also recognize that funding cycles
for donors vary, and that the application of the above
provision may cause a portion of funds allocated for a United
States contribution to the Global ATM Fund to remain unspent.
Therefore, the conference report also includes a ``kick-out''
clause, as proposed by both the House and the Senate, which
would ensure that funds are used for bilateral HIV/AIDS
programs if other donors are unable to fully match the intended
United States contribution to the Global ATM Fund. This
provision is addressed in section 595. The managers expect that
the Global AIDS Coordinator will bear in mind the managers'
support for the Global ATM Fund and will judiciously use the
flexibility provided by this ``kick-out'' clause to ensure that
funds are allocated to the most effective uses.
The conference agreement does not include a Senate
provision regarding the percentage of the budget for prevention
and treatment programs of the Global Fund to Fight AIDS,
Tuberculosis and Malaria that is made available to support
technical assistance to ensure the quality of such programs.
However, the managers recognize the importance of technical
assistance and note the extensive resources and experience of
the United States Government in providing such assistance. The
managers urge the Global AIDS Coordinator to seek to ensure
that an appropriate percentage of resources are utilized for
this purpose.
When funding through bilateral programs administered by
USAID is considered in combination with the United States
contribution to the Global ATM Fund, the conference agreement
provides a total of $169,000,000 for TB assistance. Of this
amount, $92,500,000 is funded through the ``other infectious
diseases'' allocation in this amount, an estimated $8,500,000
from other bilateral accounts, and $68,000,000 through the
contribution to the Global ATM Fund.
For malaria, the conference agreement provides a total of
$193,500,000. Of this amount, it is expected that $92,000,000
of the contribution to the Global ATM Fund will fund malaria
programs, $92,500,000 is funded through the ``other infectious
diseases'' allocation in this amount, and an estimated
$9,000,000 is provided from other bilateral accounts.
The managers expect USAID to allocate up to 10 percent of
its funding for malaria programs to medicines and vaccine
research and development, including $3,000,000 for the
Medicines for Malaria Venture, and the same amount for the
Malaria Vaccine Initiative.
The conference agreement includes bill language, proposed
by the Senate, regarding the development of microbicides as a
means of combating HIV/AIDS.
The conference agreement does not include up to
$150,000,000 for mother and child HIV prevention as contained
in the Senate bill. However, the managers expect that funds
will be made available from the HIV/AIDS allocation in this
account and from funds provided in the Global HIV/AIDS
Initiative account.
The conference account provides not less than $26,000,000
for research on and testing of HIV/AIDS vaccines. These funds
should be allocated by the Global AIDS Coordinator at the
Department of State to the International AIDS Vaccine
Initiative. The managers expect that $10,000,000 will be used
for cooperative projects coordinated with the European Union's
new 5-year program, the ``AIDS Vaccine Integrated Project,''
and in cooperation with the Partnership for AIDS Vaccine
Evaluation (PAVE) operating under the aegis of the Department
of Health and Human Services.
The conference agreement also provides that not less than
$26,000,000 should be made available as a United States
contribution to UNAIDS, instead of $28,000,000 as proposed by
the Senate. The House did not address this matter. The managers
note the central role that UNAIDS plays in coordinating the
work of eight U.N. agencies and the Global ATM Fund, and in
providing technical support to countries as funding to combat
HIV/AIDS rapidly increases.
The managers urge USAID to implement programs that
address the combination of the HIV/AIDS and hunger, including
programs to enhance nutrition among HIV/AIDS-affected
households and communities and that strengthen the ability of
HIV/AIDS-affected individuals and households to meet current
and future needs. Particular attention needs to be given to
dealing with orphans and other vulnerable children and to
promoting overall agriculture development and food production,
including through school and hospital gardens as appropriate.
The managers are aware of the efforts of Voices for
Humanity and the other organizations cited on page 9 of Senate
Report 108-106 and page 15 of House Report 108-222 to convey
HIV/AIDS awareness, prevention, treatment and medical training
among non-literate and oral communicating populations in
developing countries. The managers expect that USAID and the
Global AIDS Coordinator consider and, where feasible, fund
pilot projects and other proposals submitted by such
organizations.
The conference agreement does not include a Senate
provision that funds shall be made available to the HIV/AIDS,
Tuberculosis and Malaria Cluster of the World Health
Organization (WHO). However, the managers recognize the central
role WHO plays in fighting HIV/AIDS and other infectious
diseases, and expect that funds will be made available to
support this new initiative.
For health in West Africa, the conference agreement does
not include section 699D of the Senate amendment providing
$5,000,000 for the Carter Center's Guinea Worm Eradication
Program. The managers note that the Carter Center recently
released an action plan for guinea worm eradiction that target
Ghana, Nigeria, and Sudan. The managers strongly support this
program and expect that $5,000,000 will be a made available for
this purpose. The managers alsoendorse the House report
language on the West African Health Organization and on obstetric
fistula and urge USAID to initiate programs in heavily effected areas,
and to expand the programs of the International Medical Corps in Sierra
Leone that address this problem.
The conference agreement allocates $375,500,000 for
family planning/reproductive health within the Child Survival
and Health Programs Fund, as proposed by the Senate, instead of
$368,500,000 as proposed by the House.
The managers also direct USAID to continue to provide the
Committees with a detailed annual report not later than March
31, 2004, on the programs, projects, and activities undertaken
by the Child Survival and Health Programs Fund during fiscal
year 2003.
Funds appropriated for the Child Survival and Health
Programs Fund are appropriated for programs, projects and
activities. Funds for administrative expenses to manage Fund
activities are provided in a separate United States Agency for
International Development Operating Expenses account, with
three exceptions included in the conference agreement:
authority for USAID's central and regional bureaus to use up to
$250,000 from program funds for Operating Expense-funded
personnel to better monitor and provide oversight of the Fund;
in section 522, authority to use up to $13,500,000 to reimburse
other government agencies and private institutions for
professional services; and in section 525, authority to hire
overseas personnel on a limited term basis.
Any proposed obligations for Global Development Alliance
programs, projects or activities shall be subject to the
regular notification procedures of the Committees on
Appropriations, as shall any proposed transfers of Child
Survival and Health Programs funds to any other agency,
program, or account.
DEVELOPMENT ASSISTANCE
The conference agreement appropriates $1,385,000,000 for
``Development Assistance'' instead of $1,317,000,000 as
proposed by the House and $1,423,000,000 as proposed by the
Senate.
The managers have agreed to provide $235,000,000 for
basic education, including adult literacy programs, under the
development assistance account, instead of $250,000,000 as
proposed by the House bill or $220,000,000 as proposed by the
Senate amendment.
The conference agreement includes Senate language that
provides $100,000,000 shall be made available for drinking
water supply projects and related activities. The managers
expect USAID to report no later than 90 days after enactment of
this Act on funding and implementation of its water projects,
including the number and location of wells drilled, and the
cost per well.
The managers endorse language in Senate Report 108-106
regarding Water Conservation and, in particular, the
recommendation for $1,500,000 for Water Missions International
(WMI). The managers intend that this funding to WMI for
hospitals in Honduras be in addition to water project funding
previously planned for allocation in that country.
The managers are aware of the efforts of the Millennium
Water Alliance to provide potable water to African communities
that lack access to clean water, and recognize the importance
of the Alliance's work. The managers recommend that, upon
submission of suitable proposals to USAID, a significant part
of the funds for potable water be provided to members of the
Alliance to increase access to clean water and reduce rates of
water-borne diseases and infant mortality in Africa.
The managers encourage USAID to allocate increased
funding for agricultural development activities, and recommend
that USAID allocate funding for these activities in sub-Saharan
Africa more at the village level to include projects in small-
scale irrigation, water and drainage, post-harvest storage,
crop intensification, crop and livestock diversification, and
rural infrastructure, such as the Special Programme for Food
Security of the U.N. Food and Agriculture Organization.
The managers continue to support the work of private
voluntary organizations in the economic growth sector,
especially the Financial Services Volunteer Corps and the
International Executive Service Corps. The managers direct
USAID to provide such organizations with sufficient core
funding and fair opportunity to compete for relevant contracts
and awards in the economic growth sector.
The conference agreement includes language, similar to a
Senate provision, which provides that not less than $10,000,000
should be made available for programs and activities in rural
Mexico to promote microfinance, small business development,
private property ownership in rural communities, energy and
environmental conservation, and to support small farmers who
have been affected by adverse economic conditions, subject to
the regular notification procedures of the Committees on
Appropriations. The managers remain concerned with reports of
corruption of the legal process in connection with a property
dispute involving American citizens in Oaxaca and the
University of the Americas, and the wrongful issuance of arrest
warrants and imprisonment of these individuals. While the
managers are aware that the criminal charges have been
dismissed, the arrest warrants remain outstanding and the
property dispute is unresolved. The managers intend to follow
this matter until it is resolved satisfactorily.
The managers are greatly concerned by continued reports
of violence against women in Ciudad Juarez and Chihuahua,
Mexico. The managers consider this a bi-national issue, as U.S.
citizens are among the victims and among those accused of
committing these acts. The managers urge the State Department
to work with the Mexican government to set up a DNA database,
under international auspices, which would enable the positive
identification of the victims by collecting DNA samples from
the victims and from the families of the disappeared women.
The managers support projects in Central America that
provide safe, nutritious, and affordable food to pre-school and
school aged populations. The managers are aware of a
nutritional drink that has achieved results in reducing
malnutrition among Guatemalan pre-school children, and
encourage USAID to determine the feasibility of establishing a
long-term child nutrition program targeted toward reducing
severe malnutrition rates among Central American children.
The managers endorse the House language on the
Cooperative Association of States for Scholarships, which calls
upon USAID to fully implement and fund its new agreement with
the Association.
The managers endorse the House language on the Women in
Development office urging that the office be funded at
$11,000,000, and direct that USAID report no later than 90 days
after the enactment of this Act on activities planned for the
office and measures to increase staffing in order to expand its
relevance to USAID-wide operations.
With respect to Afghanistan, section 523 includes
language similar to a Senate proposal, providing that not less
then $2,000,000 should be made available for assistance for
Afghans who suffer losses as a result of themilitary
operations. The managers are aware that assistance for these victims
has begun to be provided by USAID and the Department of Defense, in
consultation with local Afghan communities, with funds previously
appropriated. The managers believe that the capabilities of the
Provincial Reconstruction Teams, which have access to remote, non-
permissive areas, should be utilized. The managers intend these funds
to be used for medical and rehabilitation assistance, shelter and other
infrastructure, and other appropriate assistance from this account.
Although the conference agreement does not contain
Economic Support Fund assistance for Pakistan, it does contain
funding for education and health programs in the Development
Assistance account and Child Survival and Health programs Fund.
Given the enormous challenges that face Pakistan in the
education and health sectors, the managers strongly urge the
Administration to structure its proposed 5-year USAID package
to address those needs. The managers expect not less than
$2,000,000 should be made available for programs and activities
of the Pakistan Human Development Fund and not less than
$1,000,000 for Amanut Society. The Senate included funding for
these organizations under the heading ``Economic Support
Fund'', but no funds are made available for Pakistan under that
heading in this Act as $200,000,000 was appropriated in Public
Law 108-106.
The managers direct that, of the funds for agriculture
and rural development programs $25,000,000 be provided for
USAID's Collaborative Research Support Programs (CRSPs), of
which $2,000,000 should be used to establish a CRSP that is
focused on water security.
The managers support the language of the House report
directing that USAID fund dairy development programs at not
less than $15,000,000 for fiscal year 2004. Of this amount at
least $7,500,000 should be made available for new projects at
missions supplementing their existing rural development
programs with a dairy component. The new programs should focus
primarily on dairy development, rather than as a component of
other cultural programs. The managers have included this
directive in fiscal year 2004 in part because of USAID's
failure to meet directives of previous years.
The conference report includes language similar to a
Senate provision which provides $155,000,000 for programs which
directly protect biodiversity, including forests. The managers
endorse language under the heading ``Environment Programs'' on
page 17 in Senate Report 108-106 on these issues, including the
importance of developing a regional strategy for biodiversity
conservation in the Amazon Basin, amounts of assistance for
Brazil in fiscal year 2004, and support for the Amazon
Conservation Team. The conference agreement does not include
Senate language relating to the use of Child Survival and
Health and Development Assistance funds for integrated
population-health-environment programs. However, the managers
expect Child Survival and Health funds to be used to fund child
survival, health, and family planning activities of integrated
population-health-environment programs, including in areas
where biodiversity and endangered species are threatened and
Development Assistance funds should be used to fund
environment, conservation, natural resource management, and
sustainable agriculture activities in such integrated programs.
The managers support programs that conserve energy and
promote efficient energy production and distribution in
developing countries. The conference agreement provides in
section 555 that $180,000,000 should be made available for
these programs. The managers urge that energytechnology program
offices at USAID, the Export-Import Bank, the Overseas Private
Investment Corporation, the Trade and Development Agency and other
federal agencies involved in foreign assistance and export promotion
activities that participate in the Clean Energy Technology Exports
Initiative, contribute to this nine-agency effort.
The managers endorse language on page 15 of Senate Report
108-106 regarding, among other things, the importance of
preserving the viability of leading micro-finance NGO networks
so these organizations may increase the number of people they
serve.
The managers direct that not less than $1,000,000 be made
available for the United States Telecommunications Training
Institute, a long-standing and successful program that provides
communications and broadcasting training to professionals
around the world. The Senate amendment included bill language
mandating that such funds be made available for this purpose.
The House bill did not address this matter.
The conference agreement provides that $19,000,000 should
be made available for the American Schools and Hospitals Abroad
program. The Senate amendment included bill language stating
that $20,000,000 should be made available for this purpose.
The managers strongly support the fertilizer-related
research and development being conducted by the International
Fertilizer Development Center (IFDC) and urge USAID to make at
least $4,000,000 available to IFDC, including not less than
$2,300,000 for its core grant, as provided under the Senate
amendment.
The conference agreement does not include language, as
proposed by the Senate, providing up to $3,000,000 for the
International Real Property Foundation. The managers direct
USAID to provide funding to this organization.
The managers support the budget request for programs and
activities conducted by USAID's Bureau of Democracy, Conflict
and Humanitarian Assistance. The managers expect sufficient
funding to be provided for democracy building activities that,
if properly implemented, can serve as a bulwark against
terrorism.
The managers endorse language in Senate Report 108-106
regarding Faith Based Organizations.
The managers note that a proposal by the University of
South Dakota to develop international mental health programs
was inadvertently omitted from the list of university proposals
on pages 20 to 23 of the Senate report.
The managers continue to be supportive of efforts to form
public-private partnerships, through the Global Development
Alliance or other appropriate USAID mechanisms, to build and
support schools and other educational institutions, which
promote tolerant, secular educational curricula.
The conference agreement includes a general provision
(section 586), similar to Senate language, which provides that
not less than $35,000,000 in ``Development Assistance'' funds
should be made available for Nicaragua, which is $4,000,000
above the amount requested. The managers commend President
Bolanos for his efforts to combat the endemic corruption that
has impeded Nicaragua's development. The managers recommend
that these additional funds be used to assist subsistence
farmers and to support judicial reform efforts.
The managers support the request for Development
Assistance for Nepal, but are aware of the deteriorating
climate for security and private investment. In particular, the
Department of State is asked to continue to work with the
Government of Nepal to promote broad-based economic development
and to secure property rights for Nepalese and foreign-owned
infrastructure, including private power generation facilities.
International Disaster and Famine Assistance
The conference agreement appropriates $255,500,000 for
``International Disaster and Famine Assistance'', instead of
$315,500,000 as proposed by the House and $235,500,000 as
proposed by the Senate.
Of this amount, $20,000,000 is made available
specifically for assistance for famine prevention and relief,
instead of $80,000,000 asproposed by the House and $100,000,000
as proposed by the Senate under a separate heading, ``Famine Fund''.
The conference agreement requires consultation with the Committees on
Appropriations prior to the commitment or obligation of these funds.
The remaining $235,500,000 is appropriated to USAID for
traditional international disaster relief, rehabilitation, and
reconstruction assistance, especially to mitigate the impact of
unforeseen natural disasters.
Development Credit Authority
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes authority for USAID to
use funds made available by this Act for the cost of modifying
loans guaranteed under this or prior Acts, as proposed by the
Senate. The House bill did not address this matter. The
conference agreement requires that the appropriate Committees
be notified prior to the use of funds for loan restructuring.
Operating Expenses of the United States Agency for International
Development
Out of the $604,100,000 appropriated for Operating
Expenses of the United States Agency for International
Development, the conference agreement provided $25,000,000 to
be available until September 30, 2005 instead of $30,000,000 as
proposed by the House. In addition, contracts or agreements
entered into with funds made available under this heading may
entail commitments for the expenditure of such funds through
September 30, 2005.
The managers have also included a new provision
prohibiting the use of funds to open a new USAID overseas
mission without prior written notification. In addition,
several other provisions give the Agency greater flexibility in
hiring personnel to meet expanding or unanticipated missions.
The managers also support the intent of the language regarding
USAIDLINK on page 30 of House Report 107-683, and expect that
this activity will be carried out over the next two years.
The conference agreement includes language that would
prohibit reducing the number of foreign service employees at
each mission in Latin America expect as provided through
notification to the Committees on Appropriations. The managers
understand that the assistance and staffing levels for all
Central American missions have been under pressure due to
demands elsewhere in the world, but Guatemala, Honduras and
Nicaragua are slated for substantial staffing reductions
relative to other countries in this hemisphere. The managers do
not believe that this strategy reflects the priorities of
United States economic, trade, humanitarian and immigration
policies with these countries. Guatemala specifically is
struggling in a state of post-conflict polarization, and with
the new January 2004 government, the managers strongly believe
that reducing assistance and staffing would limit the ability
of the United States to be responsive at this critical juncture
in Guatemala's history.
Capital Investment Fund
The conference agreement appropriates $82,200,000 for
USAID's Capital Investment Fund, instead of $49,300,000 as
proposed by the House or $100,000,000 as proposed by the
Senate.
The conference agreement includes House language that
authorizes the Administrator of USAID to assess fair and
reasonable rental payments for the use of space by employees of
other government agencies; provides that the rental payments
shall be deposited into this account as offsetting collections;
requires notification for the use of such offsetting
collections, as well as for funds appropriated under this
heading; and provides that the assignment of United States
Government employees and contractors to space in buildings
shall be subject to the concurrence of the Administrator of
USAID.
The conference agreement includes $62,200,000 for new
USAID buildings in Phnom Penh, Cambodia, Kampala, Uganda, and
Conakry, Guinea or Bamako, Mali, as requested by the President.
The managers note that in the past USAID has abruptly modified
its prioritization of major overseas building projects and,
therefore, request to be consulted immediately should this
occur again. The managers strongly support the provisions of
funds, when available, for a new USAID building in Yerevan,
Armenia.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $2,132,500,000 for
the Economic Support Fund instead of $2,240,500,000 as proposed
by the House and $2,415,000,000 as proposed by the Senate.
Funds in this account are allocated in the following
table and, as stipulated in bill language, any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Economic Support Fund
[Budget authority in thousands of dollars]
Conference agreement
Africa:
Africa Regional..................................... $12,000
Angola.............................................. 3,500
Burundi............................................. 3,500
Democratic Republic of Congo........................ 5,000
Ethiopia............................................ 5,000
Kenya............................................... 8,000
Nigeria............................................. 5,000
Regional Organizations.............................. 3,000
Safe Skies.......................................... 5,000
Sierra Leone........................................ 5,000
South Africa........................................ 2,000
Sudan............................................... 10,000
Zimbabwe............................................ 3,000
Kimberley Process................................... 1,500
NED democracy program............................... 3,000
--------------------------------------------------------
____________________________________________________
Subtotal--Africa.................................. 74,500
========================================================
____________________________________________________
East Asia and the Pacific:
ASEAN Regional...................................... 1,000
Burma............................................... 13,000
Cambodia............................................ 17,000
NED democracy programs.............................. 3,000
Tibet............................................... 4,000
East Timor.......................................... 22,500
Indonesia........................................... 50,000
Mongolia............................................ 10,000
Philippines......................................... 17,750
Environmental Programs.............................. 1,750
Regional Women's Issues............................. 2,000
South Pacific Fisheries............................. 18,000
--------------------------------------------------------
____________________________________________________
Subtotal--East Asia and Pacific................... 160,000
========================================================
____________________________________________________
Europe:
Cyprus.............................................. 13,500
Irish Visa Program.................................. 3,500
Turkey.............................................. 100,000
--------------------------------------------------------
____________________________________________________
Subtotal--Europe.................................. 117,000
========================================================
____________________________________________________
Near East:
Egypt............................................... 575,000
Israel.............................................. 480,000
Jordan.............................................. 250,000
Lebanon............................................. 35,000
Middle East Partnership Initiative.................. 90,000
Middle East Regional Cooperation.................... 5,500
West Bank/Gaza...................................... 75,000
Yemen............................................... 11,500
NED Muslim democracy programs....................... 3,500
--------------------------------------------------------
____________________________________________________
Subtotal--Near East............................... 1,525,500
========================================================
____________________________________________________
South Asia:
Afghanistan......................................... 75,000
Bangladesh.......................................... 5,000
India............................................... 15,000
Nepal............................................... 5,000
South Asia Regional................................. 2,000
Sri Lanka........................................... 12,000
--------------------------------------------------------
____________________________________________________
Subtotal--South Asia.............................. 114,000
========================================================
____________________________________________________
Western Hemisphere:
Administration of Justice/ICITAP.................... 5,000
Bolivia............................................. 8,000
Cuba................................................ 7,000
Dominican Republic.................................. 3,000
Ecuador............................................. 13,000
Guatemala........................................... 5,000
Mexico.............................................. 11,500
Panama.............................................. 3,000
Paraguay............................................ 3,000
Peru................................................ 8,000
Peru/Ecuador Peace.................................. 4,000
Third Border Initiative............................. 4,000
Venezuela........................................... 500
Hemisphere Cooperation Program...................... 10,000
--------------------------------------------------------
____________________________________________________
Subtotal--Western Hemisphere...................... 85,000
========================================================
____________________________________________________
Global:
Human Rights and Democracy Fund..................... 34,500
OES Initiatives..................................... 4,000
Partnerships to Eliminate Sweatshops................ 2,000
Wheelchairs......................................... 5,000
Reconciliation Programs............................. 8,000
Security and Sustainability Programs................ 3,000
--------------------------------------------------------
____________________________________________________
Subtotal--Global.................................. 56,500
========================================================
____________________________________________________
Total, ESF........................................ 2,132,500
The conference agreement provides $480,000,000 for Israel
and language requiring disbursement of funds within 30 days of
enactment of this Act. The conference agreement provides not
less than $575,000,000 for Egypt as proposed by both the House
and Senate, of which not less than $200,000,000 is for the
Commodity Import Program assistance as proposed by the Senate.
The conference agreement also includes language that
provides that not less than $250,000,000 should be made
available for assistance for Jordan, as proposed by the House.
The Senate language would have mandated this level of support.
The managers endorse the House report language regarding
support for the International Arid Lands Consortium. The
managers also direct that not less than $1,000,000 be made
available from ESF funds or from ``Development Assistance'' for
the Blaustein Institute for Desert Research to investigate the
flow and transport of pollutants in groundwater.
The conference agreement provides that up to $1,000,000
of funds should be used to further legal reforms in the West
Bank and Gaza, including judicial training on commercial
disputes and ethics.
The conference agreement does not include funds for
Pakistan under this heading. The Senate provided $200,000,000
for Pakistan, as requested by the President. The House included
$67,000,000 for Pakistan, specifically for debt relief for
Pakistan. The Senate did not address the matter of debt relief.
Congress provided $200,000,000 in subsidy appropriations for
Pakistan in P.L. 108-106, the Fiscal Year 2004 Emergency
Supplemental for Defense and Reconstruction of Iraq and
Afghanistan.
The conference agreement includes language similar to
that proposed by the Senate providing that not less than
$13,500,000 shall be available for assistance for Cyprus. The
House bill provided that $12,000,000 should be made available,
and the Senate bill provided $15,000,000 for Cyprus.
The conference agreement includes language similar to
that in the Senate amendment that provides not less than
$35,000,000 for assistance for Lebanon. In addition, funding
provided in this account for the Central Government of Lebanon
is subject to Congressional notification. The managers permit
that $4,000,000 should be made available for American
educational institutions in Lebanon from the bilateral
assistance program.
The conference agreement does not include a Senate
provision concerning the abduction of American children in
Lebanon. However, the managers note that Lebanese officials
have failed to enforce the custody and international pickup
orders of Lebanon's civil courts despite repeated assurances.
The managers condemn the Lebanese and Syrian authorities who
have failed to uphold their laws and execute arrest warrants
against parents who have abducted American children.
The conference agreement includes a general provision,
similar to a Senate provision, which provides $8,000,000 for
reconciliation programs and activities that bring together
individuals of different ethnic, religious, and political
backgrounds from areas of civil conflict and war. The managers
note the bipartisan support for such activities that promote
understanding and reconciliation particularly in the Middle
East, and expect the State Department and USAID to establish an
efficient and effective mechanism for evaluating and funding
proposals for the use of these funds. The managers believe that
the following organizations are among those deserving
consideration and support: Seeds of Peace; the Jerusalem
International YMCA, the Arava Institute for Environmental
Studies, the International Crisis Group, the Middle East
Children's Association, Partners for Democratic Change, and
Interns for Peace.
The conference agreement provides $22,500,000 in
``Economic Support Fund'' assistance for East Timor (Timor-
Leste) instead of $25,000,000 as proposed by the Senate and
$13,500,000 (and $4,000,000 in Development Assistance) as
proposed in the House. The managers recommend that funds be
made available to, among other things, enhance economic
programs to revitalize and for educational and vocational
training especially for unemployed youth, promote good
governance, meet basic human needs, and improve physical
infrastructure. The conference agreement provides that of the
funds for East Timor, $1,000,000 may be available for
administrative expenses of the United States Agency for
International Development.
The managers have included language, similar to the
Senate bill, which provides $1,500,000 for technical assistance
to implement the Kimberley Process Certification Scheme. The
managers endorse the Senate report language on this issue and
urge the Administration to request funds for this purpose in
fiscal year 2005.
The managers have included a provision, similar to Senate
language, regarding programs to develop justice and
reconciliation mechanisms in Central Africa and expect the
Administration to provide the amount of funding requested for
these programs. The managers are concerned about human rights
abuses in Central Africa, including rape committed on a massive
scale in the eastern region of the Democratic Republic of the
Congo. The managers urge the Administration to initiate
programs aimed at ending the impunity thatprevails in the
region, preventing future abuses, and providing medical and counseling
services to victims.
The conference agreement includes language in section 558
similar to a Senate provision which earmarks not less than
$4,000,000 in ``Economic Support Fund'' assistance for Tibet
through nongovernmental organizations located outside the
People's Republic of China to support activities that preserve
cultural traditions and promote sustainable development and
environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in Tibetan communities in China.
The managers are aware that the migration of Han Chinese into
these areas threatens the survival of Tibetan culture and that
nongovernmental organizations are involved in small scale
projects to empower Tibetan communities and preserve Tibetan
culture, and address basic human needs. The managers support
the unique role of The Bridge Fund, and expect not less than
$1,700,000 to be provided for the Bridge Fund in fiscal year
2003 funds, and not less than $2,000,000 to be provided for The
Bridge Fund in fiscal year 2004 funds. The managers intend that
the balance of the funds will be made available on a fully
competitive basis to organizations with a history of working
with Tibetan communities.
The managers endorse language similar to that contained
in the House report, that recommends $250,000 be made available
through a nongovernmental organization, such as the National
Endowment for Democracy, for the purpose of providing training
and education of Tibetans in democracy activities, and
monitoring the human rights situation in Tibet. The managers
intend these funds to be made available through section 526(d)
of this Act.
The conference agreement does not include a Senate
provision earmarking $250,000 for the Commission to Investigate
Illegal Groups and Clandestine Security Apparatus in Guatemala.
However, the managers strongly support this effort to
investigate those responsible for the political violence and
organized criminal activity that continues to hamper
Guatemala's development, and recommend that at least $250,000
be provided to the Commission in fiscal year 2004.
The managers are concerned with reports that the
Government of Ecuador has failed to adequately safeguard
foreign investments in that country. The managers direct the
Secretary of State to report to the Committees on the extent of
United States investments in Ecuador, and an analysis of the
political, legal and economic challenges posed to such
investments. The managers request the report to include
recommendations for addressing and resolving these challenges.
The conference agreement provides that Economic Support
Fund resources 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.
The conference agreement provides that funds appropriated
under the Economic Support Fund 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.
The conference agreement provides that not less than
$1,750,000 should be made available for East Asia and Pacific
Environment Initiatives. The Senate bill provided $3,500,000
for this program and the House bill did not address this issue.
The conferees have included $18,000,000 for the Treaty on
Fisheries between the United States and the governments of
certain Pacific Island states, popularly known as the South
Pacific RegionalFisheries Treaty. The conferees endorse the
discussion of this issue in the House report.
The managers provide $3,000,000 for the Foundation for
Security and Sustainability.
Of the $4,000,000 included in the conference agreement
for the initiatives of the State Department Bureau of Oceans
and International Environmental and Scientific Affairs,
$2,000,000 is for supporting a bilateral science and technology
agreement with Pakistan for which Development Assistance funds
were denied in fiscal year 2003.
The conference agreement provides language not in either
the House or the Senate bill that allows transfers to the
Economic Support Fund from funds appropriated in P.L. 108-106
for the Iraq Relief and Reconstruction Fund. The conferees have
included language that allows up to $100,000,000 for transfer
to support programs for Turkey, and $30,000,000 for transfer to
support the Middle East Partnership Initiative.
INTERNATIONAL FUND FOR IRELAND
The conference agreement appropriates $18,500,000 instead
of $19,600,000 as proposed by the House. The Senate did not
address this matter.
The conferees encourage the International Fund for
Ireland to continue progress for direct reconciliation
assistance and programs, particularly in helping to develop a
fully supported, accountable and modern police service that
serves all communities.
GLOBAL HIV/AIDS INITIATIVE
The conference report includes $491,000,000 for the
Global HIV/AIDS Initiative instead of $989,000,000 as proposed
by the Senate or $450,000,000 as contained in the budget
request. The House addressed this matter within the Child
Survival and Health Programs fund and did not include funding
for initiatives in a limited number of focus countries in a
separate appropriations account.
The managers welcome the creation at the State Department
of the Office of the Global AIDS Coordinator, and anticipate
that the powers and responsibilities delegated to the
Coordinator by this Act and Public Law 108-25 will enable the
Coordinator to finally coalesce the HIV/AIDS programs run by
disparate agencies into an effective, coordinated approach. The
managers have not included language included by the Senate that
would have allowed the Coordinator authority to reach into
other appropriations accounts and transfer funds into this
account. The transfer authorities in section 509 of the
conference agreement enable the Coordinator to fulfill his
mandate. Any reprogramming or transfers of funds into or out of
the Global HIV/AIDS Initiative account is subject to the
regular notification procedures of the Committees on
Appropriations and section 634A of the Foreign Assistance Act.
The conference report does not include language contained
in the House bill limiting the value of grants and contracts
that may be let directly from the Coordinator's office at
$50,000,000. The Coordinator has informed the Committees that
his office will rely primarily upon the procurement and
contracting capacity existent in United States agencies. The
managers expect the Coordinator to consult with the Committees
on Appropriations prior to exercising his contracting and
grant-making authority to directly implement overseas programs.
The managers have included $8,000,000, as proposed by the
Senate, for the administrative expenses of the Office of the
Global AIDS Coordinator. The managers request the Global AIDS
Coordinator, not later than 90 days following enactment of this
Act, to submit to the Committees on Appropriations a report
which details by object class the proposed uses of the Office's
administrative expense allowance.
The conference agreement includes language, similar to
Senate provisions, which provides up to $75,000,000 should be
provided for the safe and appropriate use of injections and
other forms of infection control and prevention, and for blood
safety programs. With respect to the safe and appropriate use
of injections and other forms of infection control and
prevention, the managers intend these funds to be used for
programs and activities including national assessments and
planning; the provision of syringes with the re-use prevention
and safety feature(s) that will effectively reduce exposure to
contaminated syringes and needles, and safety disposal boxes;
gloves, masks, and other supplies required to implement
universal precautions; logistical support to ensure a reliable
supply of and proper use of these items; public education on
the safe and appropriate use of injections; training of health
providers; post exposure prophylaxis programs for health and
laboratory workers; and waste management.
With respect to blood safety programs, the managers
intend these funds to be used for programs and activities
including the establishment and support of national blood
services; formulation/reform of national transfusion protocols
to reduce the number of low priority transfusions; the
provision of rapid HIV test kits; screening for other
transfusion-transmitted infections; staff training, including
in the appropriate clinical use of blood; the recruitment of
voluntary, non-remunerated blood donors; and quality assurance
programs.
The managers note that the United States Global
Leadership Against HIV/AIDS, TB and Malaria Act of 2003 (P.L.
108-25) provides that in fiscal year 2004 it is the ``sense of
Congress'' that 55 percent of all global HIV/AIDS funds should
go for treatment, 20 percent for prevention, of which no less
than 33 percent be reserved for ``abstinence until marriage''
programs, 15 percent for palliative care, and 10 percent for
orphans and vulnerable children.
The managers continue to request a satisfactory
explanation of how the Administration selected its Global HIV/
AIDS Initiative focus countries, including selection criteria
that takes into account the need to preemptively stem the tide
of the disease in other parts of the world at high risk of
developing full-blown pandemics. The conference agreement
includes language urging the Global AIDS Coordinator to select
one additional focus country not in Africa or the Caribbean
region. The managers understand that the Global AIDS
Coordinator will consult with the Committees as he selects this
fifteenth country, and will keep them informed on the selection
criteria as they are developed.
The leading indicator of success for the Global AIDS
Initiative is treating 2 million people living with HIV/AIDS,
preventing 7 million new infections, and providing care and
support to 10 million of those infected and otherwise affected
by the disease. One of the responsibilities of the Global AIDS
Coordinator is to determine the proper allocation categories
for programs and projects under his oversight in order to meet
these objectives, but categorization may be difficult for some
activities. The costs of mother and child transmission
programs, for instance, are substantial. If these costs are
included within the 20 percent target for prevention programs,
funding for crucial behavioral change prevention programs may
well be crowded out. The costs of mother and child transmission
might also be considered part of the 55 percent target for
treatment programs, since breaking the cycle of mother-to-child
transmission often relies on the use of drug treatments.
The managers support the goals for HIV/AIDS
antiretroviral treatment established through section 402 of
Public Law 108-25, including that by the end of fiscal year
2004 at least 500,000 individuals with HIV/AIDS will be
receiving antiretroviral treatment through United States
assistance programs. The managers encourage the Global AIDS
Coordinator to solicit and fund proposals for the delivery of
antiretroviral treatment in targeted countries in an
expeditious manner.
The managers recognize that United States funding in the
fight against HIV/AIDS, tuberculosis, and malaria will not, in
itself, roll back these pandemics. Sustaining the advances made
by the Global HIV/AIDS Initiative and other programs will be a
growing challenge as more people begin drug therapy. The
managers encourage the Global AIDS Coordinator to consider
pilot programs and innovative approaches, including public-
private partnerships and faith based organizations, aimed at
increasing sustainability and access to high-quality,
affordable drugs while respecting intellectual property rights.
The managers request the Global AIDS Coordinator to
submit a report to the Committees on Appropriations, the Senate
Committee on Foreign Relations, and the House Committee on
International Relations not later than 60 days after enactment
describing (1) the estimated proportion of all global HIV/AIDS
funding in fiscal year 2004 that will be spent on prevention
activities, and the estimated amount in dollars; (2) the amount
estimated to be spent on ``abstinence until marriage'' programs
in fiscal year 2004; and (3) a description of the criteria for
determining which programs are included under treatment;
prevention, with the criteria for ``abstinence until marriage''
programs specifically outlined; palliative care; and orphans
and vulnerable children.
The managers also request the Global AIDS Coordinator to
submit brief reports to the Committees on Appropriations, the
House Committee on International Relations, and the Senate
Committee on Foreign Relations not later than 90 days following
the enactment of this Act and updated every 90 days thereafter,
describing the obligation and transfers between accounts during
the previous quarter of all funds overseen by the Global AIDS
Coordinator. The managers note the reports mandated by P.L.
108-25, and direct the Global AIDS Coordinator to also submit
these reports to the Committees on Appropriations.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
The conference agreement appropriates $445,000,000 as
proposed by the Senate, instead of $452,000,000 as proposed by
the House.
Funds in this account are allocated in the following
table and, as stipulated in bill language any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
Assistance for Eastern Europe and the Baltic States
[Budget authority in thousands of dollars]
Conference agreement
Albania................................................. $28,000
Bosnia-Herzegovina...................................... 45,000
Bulgaria................................................ 28,000
Croatia................................................. 25,000
Kosovo.................................................. 79,000
Macedonia............................................... 39,000
Romania................................................. 28,000
Serbia.................................................. 100,000
Montenegro.............................................. 35,000
--------------------------------------------------------
____________________________________________________
Regional Programs....................................... 38,000
--------------------------------------------------------
____________________________________________________
Total AEEB........................................ 445,000
The conference agreement contains language that provides
that $2,000,000 should be made available to enhance safety at
nuclear power plants. It is intended that this nuclear safety
program will include the provision of full scope simulators.
The managers have provided $35,000,000 for assistance
programs in Montenegro as recommended in the House report. The
conference agreement includes language providing that not less
than $12,000,000 of this amount shall be for economic
development and environmental programs in Montenegro's coastal
region. This language was not included in either theHouse or
Senate bills, but is similar to direction contained in the House
report.
The conference agreement includes Senate language
providing not less than $1,000,000 should be made available for
a program to promote greater understanding and interaction
among youth in Albania, Kosovo, Montenegro, and Macedonia under
this heading, and not ``Economic Support Fund, as proposed by
the Senate. This program also was discussed in the House report
under the Assistance for Eastern Europe and Baltic States
account. The managers expect the National Albanian American
Council to conduct this program.
The managers strongly recommend that the Russian,
Eurasian, and East European Research and Training Program
(Title VIII) be funded at the 2003 level. The managers endorse
the House report language on the East Central European
Scholarship Program (ECESP) and recognize the Administration's
continued support for the program. The managers further
recognize that expansion of this program into Central Asia
would benefit the people of this region.
The conference agreement includes not less than
$53,500,000 for HIV/AIDS, tuberculosis, and malaria from this
heading, Assistance for the Independent States of the Former
Soviet Union, Economic Support Fund, and Foreign Military
Financing, instead of $50,000,000 from these accounts, (except
Foreign Military Financing) as contained in the Senate
amendment. The managers are increasingly concerned about the
increase of HIV/AIDS and tuberculosis, especially multi-drug
resistant tuberculosis, in Eastern Europe, central Asia, and
Russia.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
The conference agreement appropriates $587,000,000,
instead of $576,000,000 as proposed by the House and
$596,000,000 as proposed by the Senate.
The conference agreement includes not less than
$57,000,000 for child survival, environmental and other health
activities, and programs to reduce the incidence of HIV/AIDS,
tuberculosis, and other infectious diseases, including not less
than $15,000,000 for reproductive health/family planning.
The managers reiterate language in the Statement of the
Managers from prior years with regard to other limitations on
assistance, ``that assistance to combat infectious diseases, .
. . support for regional and municipal governments, and
partnerships between United States hospitals, universities,
judicial training institutions and environmental organizations
and counterparts in Russia should not be affected by this
section.''
The conference agreement provides not less than
$19,000,000 should be made available for nuclear reactor safety
initiatives in Ukraine. The managers expect that of this
amount, $14,000,000 shall be provided for simulator-related
projects. The conference agreement also includes language
similar to that proposed by the Senate providing not less than
$1,500,000 for coal mine safety programs.
The conference agreement provides that $94,000,000 shall
be made available for assistance for Russia, including
$4,000,000, as proposed by the Senate, to promote freedom of
the media and independent media in that country. This amount is
$21,000,000 above the budget request.
The managers remain gravely concerned with the
deterioration and systematic dismantling of democracy and the
rule of law in the Russian Federation. The managers condemn the
Russian Government's crackdown on the media and political
opposition groups and individuals, and call upon senior Russian
officials to immediately cease the harassment of American
citizens involved in foreign assistance programs in Russia by
that country's security services.
The managers expect the State Department to proactively
and publicly engage the Russian Government to immediately
terminate forced returns of displaced Chechens to Chechnya,
provide additional assistance to those Chechens impacted by
Russian efforts to force or coerce returns, and secure
accountability for gross human rights violations committed by
Russian forces against Chechen civilians. The managers request
the State Department to consult with the Committees on this
matter.
The managers expect a significant portion of these funds
to be used to support democracy and rule of law programs in
Russia.
The managers support the Russian American Judicial
Partnership, the Russian American Rule of Law Consortium, and
the American Bar Association's Central and East European Law
Initiative, which are involved in activities to strengthen the
rule of law and protect civil liberties, which are essential to
democratic and economic development in Russia. The mangers also
support efforts, such as those of the Institute for Sustainable
Communities, to mitigate the effects of environmental pollution
on human health in the Central Asian region.
The conference agreement includes language providing not
less than $17,500,000 for the Russian Far East, instead of
$20,000,000 as proposed by the Senate. The managers endorse
language in Senate Report 108-106 regarding the Russian Far
East.
The managers endorse Senate Report 108-106 language
regarding orphans, and strongly support the work of Kidsave
International and other organizations working in the Former
Soviet Union.
The conference agreement provides $75,000,000 under the
heading Assistance for the Independent States of the Former
Soviet Union for assistance for Armenia, as proposed by the
Senate. This amount is $25,500,000 above the budget request.
The managers direct that $2,500,000 in Foreign Military
Financing and not less than $900,000 in International Military
Education and Training funds be provided to Armenia, as
containedin the budget request. The managers support Senate
report language on the use of military assistance to enhance
communication capabilities.
The managers support the provision of assistance to the
American University of Armenia (AUA), and recognize the
important contribution of AUA to the development of Armenia's
future leaders.
The managers endorse House report language regarding
proposals to establish and develop in Armenia a central
diagnostic laboratory for the Caucasus region to address health
and food safety.
The managers continue to follow political developments in
the region, particularly efforts to secure a peaceful
resolution to the Nagorno-Karabakh conflict. The managers
endorse confidence-building measures among all parties to the
conflict.
The managers have not included a specific amount for
Georgia in the conference agreement, but continue to closely
follow political developments in Georgia. The managers are
troubled by recent events, including political turmoil
following flawed elections earlier this month. The managers
condemn all acts of violence and intimidation against the
opposition and encourage all parties to engage in dialogue to
resolve the current political crisis.
The managers note that corruption and the absence of
political will to implement much needed reforms hinder the
political, economic, and legal development of Georgia. The
managers expect the State Department to continue to press the
Government of Georgia to be far more transparent and
accountable.
The managers appreciate the threats to Georgia and the
region from terrorists in the Pankisi Gorge, and encourage the
State Department to continue to fund those programs and
activities that further the national security interests of both
the United States and Georgia.
The managers expect to be consulted by the Department of
State prior to any obligation of funds, should that country's
political situation continue to deteriorate and funding
priorities change.
The conference agreement does not include Senate language
expressing concern with the flawed October presidential
elections in Azerbaijan but retains language in section 592
requiring the Secretary of State to report to Congress on the
ongoing investigation into the murder of United States
democracy worker John Alvis.
The managers condemn the manipulation of the electoral
process by Azeri officials and deplore the post-election
crackdown on demonstrators that killed at least one individual
and injured more than 300. The managers note that Azerbaijan
has yet to hold national polls that meet internationally
recognized standards of free and fair elections.
The managers expect the State Department, the Federal
Bureau of Investigation and the Azeri Government to
reinvigorate efforts to investigate and prosecute those
responsible for the murder of John Alvis in December, 2000.
The managers are concerned with reports that the
Government of Moldova has failed to adequately safeguard
foreign investments in that country. The managers request the
Secretary of State to report to the Committees not later than
180 days after enactment of this Act on the extent and status
of United States direct foreign investment in Moldova, and an
analysis of the political, legal and economic challenges to
such investments, particularly with regard to a cognac factory.
Independent Agencies
INTER-AMERICAN FOUNDATION
The conference agreement appropriates $16,334,000 as
proposed by the Senate, instead of $15,185,000 as proposed by
the House.
AFRICAN DEVELOPMENT FOUNDATION
The conference agreement appropriates $18,689,000 as
proposed by the Senate, instead of $17,689,000 as proposed by
the House.
PEACE CORPS
The conference agreement provides $310,000,000 as
proposed by the Senate instead of $314,000,000 as proposed by
the House. Under the heading Global HIV/AIDS Initiative, the
conference agreement provides a permissive transfer of
$15,000,000 to the Peace Corps for HIV/AIDS activities, instead
of $20,000,000 as proposed by the Senate. The House did not
address this matter.
The managers have included House language permanently
waiving the so-called ``five-year rule'' of employment in the
case of employees whose appointment involves the safety of
Peace Corps volunteers, such as regional safety security
officers and employees within the Office of Inspector General.
The managers continue to support expansion of the Peace
Corps, however, the managers are concerned about recent attacks
on volunteers, especially on female volunteers. The managers
recommend that the Peace Corps continue consulting with the
Committees on Appropriations toexamine the current security
issues to ensure that increasing the number of volunteers occurs
simultaneously with better security and emergency procedures.
MILLENNIUM CHALLENGE CORPORATION
The conference agreement includes $650,000,000 for the
Millennium Challenge Corporation (MCC) instead of $800,000,000
as proposed by the House and 1,000,000,000 as proposed by the
Senate.
The managers strongly support this initiative and provide
the maximum level of funding possible to the MCC within the
constraints of the budget allocation, which is $1,653,729,000
below the President's request.
The managers believe that additional assistance is
critical to support development on a global basis. Title VI,
the Millennium Challenge Act of 2003 is included 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.
The managers reserve the right to amend this language in
the fiscal year 2005 Act.
The managers appreciate the input and efforts of the
House International Relations Committee and the Senate Foreign
Relations Committee in drafting the authorizing language
contained in this Act.
The managers note that funding provided for the MCC in
title II is subject to section 515, ``Notification
Requirements''. The managers direct the Corporation to consult
within 30 days on the modalities for implementing section 515
in a manner acceptable to the Committees on Appropriations.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The conference agreement appropriates $241,700,000 for
International Narcotics Control and Law Enforcement as proposed
by the House, instead of $284,550,000 as proposed by the
Senate. The managers note that the conference report does not
include funding for Afghanistan since $50,000,000 was provided
above the request in P.L. 108-106 for Afghanistan.
The managers note that the following amounts were
provided specifically for counternarcotics and law enforcement
in Afghanistan: $243,000,000 in the 2004 emergency supplemental
(includes $73,000,000 for the Department of Defense);
$25,000,000 in the 2003 emergency supplemental; and $80,000,000
in the 2002 emergency supplemental. Even given these
significant levels of funding, the United Nations reports that
Afghan farmers are replanting poppy at greater rates each year
since the fall of the Taliban. The managers strongly support
the United States participation in attacking the Afghan drug
problem, which generates funds for terrorists and extremists
not only in Afghanistan but also throughout the region.
Concurrently, the managers are concerned that while 90 percent
of the heroin exported from Afghanistan is destined for Europe,
the majority of funds to counter this crop are from the United
States. Therefore, the managers direct the Department of State
to provide a report to the Committees on Appropriations not
later than 45 days after enactment of this Act that outlines
the objectives of this program, including participation by the
Department of Defense; a detailed analysis of the purposes for
which fiscal year 2004 appropriated funds are to be used and a
detailed accounting of how fiscal year 2002 and 2003
appropriated funds have been used; and the levels of actual or
estimated funding over the 2001-2004 period by other donors
listed by amount and by country.
The conference agreement provides that $12,000,000 should
be made available for anti-trafficking in persons programs. The
Senate amendment provided $20,000,000 for this purpose, and the
House did not address this matter.
The conference agreement provides that $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 the construction and completion of a new
facility. The managers note this one-time language is intended
to fully resolve this outstanding matter. The House did not
address this matter.
The conference report does not include Senate language
that provides $5,000,000 to combat piracy of United States
intellectual property. However, the managers support this
initiative and expect the State Department to provide
$2,500,000 for this purpose. The State Department, in close
consultation with the United States Trade Representative, the
Department of Commerce, and the Committees on Appropriations,
should formulate a detailed strategy for the use of these funds
before they are obligated. The managers also urge the State
Department to utilize theexpertise of other agencies of the
federal government when implementing these programs.
The conference agreement makes available $26,117,000 for
administrative expenses instead of $24,180,000 as proposed by
the House and $25,117,000 as proposed by the Senate. The
managers have provided $1,000,000 in additional administrative
expenses to allow and encourage the Department of State to
provide office space to the Bureau of International Narcotics
Control and Law Enforcement in the Harry S. Truman Building
(Main State) to bring together all of the Bureau's program
offices.
ANDEAN COUNTERDRUG INITIATIVE
The conference agreement appropriates $ 731,000,000 for
the Andean Counterdrug Initiative as proposed by the House
instead of $660,000,000 as proposed by the Senate. The managers
emphasize that there are other funds for Andean nations in this
Act.
The conference agreement provides that not less than
$257,000,000 shall be made available for alternative
development and institution building activities by USAID, the
Department of Justice, and the Department of State and that
$229,500,000 shall be directly apportioned to USAID. The
managers note that funds for the Bureau of Population, Refugee,
and Migration are included in the $257,000,000 earmark and
expect the entire amount requested be provided for programs to
assist refugees and displaced persons.
Again in fiscal year 2004, the managers have extended the
availability of funds provided for assistance for Colombia to
support a unified campaign against narcotics trafficking,
against activities by organizations designated as terrorist
organizations, and to take actions to protect health and human
welfare. This provision is identical to that in the House bill
and Senate amendment. The managers are supportive of the
Colombian Government in its attempts to provide security for
the Colombian people and have continued these expanded
authorities in recognition that the narcotics industry is
linked to the terrorist groups, including the paramilitary
organizations, in Colombia. The managers expect
counternarcotics, alternative development, and judicial reform
to remain the principal focus of United States policy in
Colombia. The managers reiterate that the expanded authority is
not a signal from the managers for the United States to become
more deeply involved in assisting the Colombian Armed Forces in
fighting the terrorist groups, especially not at the expense of
the counternarcotics programs, but to provide the means for
more effective intelligence gathering and fusion, and to
provide the flexibility to the Department of State when the
distinction between counternarcotics and counterterrorism are
not clear cut.
The conference report does not include certain earmarks
for organizations and programs that protect human rights in
Colombia, as proposed by the Senate. However, the conference
agreement provides that not less than $13,000,000 should be
made available for such organizations and programs. The
managers intend these funds to be allocated as follows: not
less than $2,500,000 for protecting human rights defenders in
Colombia; not less than $2,500,000 for the United Nations
Office of the High Commissioner for Human Rights in Colombia;
not less than $6,500,000 for the Colombian Attorney General's
Human Rights Unit; and not less than $1,500,000 for the human
rights unit of the Colombian Procuraduria.
The managers remain concerned about the annual cost to
the United States of operating and maintaining the fleet of
helicopters used by the Colombian military for counternarcotics
and counterterrorism purposes. While these helicopters are a
key tool in the fight against coca and poppy, the managers
believe the Department of State should begin to turn over the
maintenance costs to the Colombian government. In fiscal year
2004, over one-quarter of all assistance to Colombia is devoted
to these costs, and the managers believe that other important
programs in Colombia need to be prioritized through the
allocation of United States assistance. Therefore, the managers
expect to see the start of this transition reflected in the
fiscal year 2005 budget request, and if it is not, the managers
expect this matter to be addressed in the fiscal year 2005
appropriations process.
The conference agreement continues current caps on the
number of United States military personnel and United States
civilian contractors in Colombia, as well as the current
prohibition on participation by such persons in combat
operations in connection with assistance made available by this
Act.
The conference agreement again includes existing
conditions on the aerial spraying of herbicide, similar to the
Senate amendment, to ensure that any use of such chemicals is
consistent with the Colombian Environmental Management Plan,
with Environmental Protection Agency regulations, and to ensure
that chemicals used in the aerial fumigation of coca do not
pose unreasonable health or safety risks to humans or the
environment. Additionally, not more than 20 percent of funds
made available for the purchase of chemicals used in aerial
spraying are available for obligation until the Secretary of
State, in consultation with the Administrator of the
Environmental Protection Agency, certifies to the Committees
onAppropriations that a number of conditions and concerns regarding the
safety of spraying are addressed. This is similar to current law and
the Senate amendment. The House did not address this matter.
The conference agreement does not include a Senate
prohibition on aerial fumigation in Colombia's national parks.
The managers are concerned with reports that coca growers are
moving into Colombia's national parks and reserves, cutting
trees and causing other environmental damage. The managers
support efforts to address this problem, but agree that aerial
fumigation in the parks and reserves should be used as a last
resort. Other alternatives should be pursued, including manual
eradication, training and equipping police to protect the
parks, and relocating families that have moved into these
areas. Accordingly, the conference agreement includes language
that before aerial fumigation is conducted, the Secretary of
State must determine that it is in accordance with Colombian
law and that there are no practicable alternatives to reduce
drug cultivation in these areas. The managers request to be
consulted prior to any such determination.
The conference agreement provides that not less than
$2,500,000 should be made available for continued assistance
for the Colombian National Park Service. This language is
identical to the provision in the Senate amendment. The House
did not address this matter.
The managers endorse the House report language on the
Naval Postgraduate School and United States contractors in
Colombia.
The conference agreement includes the House language
prohibiting funds for the resumption of flights in support of a
Peruvian air interdiction program until a system of enhanced
safeguards are in place. The Senate did not address this
matter.
The conference agreement includes language similar to a
Senate provision, which provides that assistance should be made
available to the Bolivian military and police subject to a
determination and report by the Secretary of State that the
Bolivian military and police are respecting human rights and
cooperating with investigations and prosecutions of alleged
violations of human rights. The managers note that despite
repeated assurances by successive Bolivian governments that
human rights cases would be properly investigated and the
individuals responsible appropriately punished, little has been
done and impunity remains the norm for members of Bolivian
security forces who commit violations. The managers urge the
Secretary to give higher priority to these justice issues.
The conference report includes changes to two reports for
Plan Colombia from the fiscal year 2000 emergency supplemental.
This issue is addressed in the general provisions.
The conference agreement makes available $16,285,000 for
administrative expenses of the Department of State as proposed
by the Senate instead of $15,680,000 as proposed by the House.
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement makes available $21,000,000, for
administrative expenses as proposed by the Senate instead of
$18,500,000 as proposed by the House. The managers expect the
additional administrative funds to be used for refugee
admissions and emergency situations.
The conference agreement also includes Senate language
providing not less than $50,000,000 for refugees from the
former Soviet Union and Eastern Europe and other refugees
resettling in Israel. The House addressed this matter in its
report.
The conference agreement does not include Senate language
providing that funds be made available for international
organizations for assistance for refugees from North Korea. The
managers strongly support the provision of funds for such
purposes, and expect the State Department to provide sufficient
assistance to safeguard the human rights and dignity of North
Korean refugees.
The conference agreement does not include Senate language
providing that funds should be made available for assistance
for persons in Thailand from Burma. The managers remain deeply
concerned with the plight of these individuals and are troubled
by reports that Thai authorities are harassing Burmese in
Thailand and hindering the provision of assistance to such
needy persons. The managers address this issue in the general
provisions of this Act.
The conference agreement does not include Senate language
that limits assistance to the central Government of Nepal until
the Secretary of State certifies that the Nepalese authorities
are cooperating with the United Nations High Commissioner for
Refugees and other international organizations on issues
concerning the protection of refugees from Tibet. The managers
endorse language in Senate Report 108-106 on this issue, and
expect the Government of Nepal to cease this deplorable
behavior and to cooperate fully with international
organizations to ensure the safety of Tibetan refugees. If the
Government of Nepal continues to forcibly repatriate Tibetan
refugees, the managers will consider an appropriate response.
The managers note that recent GAO findings show the State
Department has taken actions to implement Section 301(c) of the
Foreign Assistance Act to improve monitoring of the United
Nations Relief and Works Agency (UNRWA) by requiring that they
take all possible measures to assure that U.S. funds do not
benefit terrorists and those receiving military training from
guerilla groups. However, UNRWA's implementation of these
procedures is constrained by many factors including safety of
its staff and legitimate and necessary Israeli securtiy
procedures.
The managers urge UNRWA to implement the State
Department's recommendations to:
Issue explicit guidelines to staff to report compromises
of UNRWA staff or facilities;
Sever connections with Gaza Youth Activity Centers
because of ties to Palestinian radicals
Make the Operations Support Officer program a permanent
part of UNRWA's monitoring program by including it in the
regular budget, and
Continue to make all efforts to meet Israeli authorities.
The managers strongly urge the State Department to
provide necessary funding to enable UNRWA to make the
Operations Support Officer Program permanent.
The managers direct the Secretary of State to submit a
report to the Committees on Appropriations by no later than
June 20, 2004 describing steps taken to ensure the
implementation of these recommendations.
Language included in the House bill regarding
organizations adopting the Sexual Exploitation and Abuse Code
of Conduct is addressed in section 594. The Senate addressed
this matter in the general provisions.
UNITED STATES EMERGENCY MIGRATION AND REFUGEE ASSISTANCE FUND
The conference agreement appropriates $30,000,000 for the
United States Emergency Migration and Refugee Assistance Fund
(ERMA), instead of $15,831,000 as proposed by the House and
$40,000,000 as proposed by the Senate.
The conference agreement includes language from the
Senate amendment that provides the funds notwithstanding
section 2(c)(2) of the Migration and Refugee Assistance Act of
1962. Section 2(c)(2) would limit appropriated funds to this
fund if, when added, would cause the balance of the fund to
exceed $100,000,000.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement appropriates $353,500,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs, instead of $385,200,000 as proposed by the Senate and
$335,200,000 as proposed by the House.
Funds in this account are allocated in the following
table and, as stipulated in bill language any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
NonProliferation, Anti-Terrorism, Demining and Related Programs
[Budget authority in thousands of dollars]
Conference Agreement
Nonproliferation and Disarmament Fund................... $30,000
Export Control and Border Security assistance........... 36,000
Science Centers......................................... 50,500
International Atomic Energy Agency--Voluntary
Contribution........................................ 53,000
CTBT/International Monitoring System.................... 19,000
Anti-terrorism Assistance............................... 97,000
Terrorist Interdiction Program.......................... 5,000
Humanitarian Demining................................... 50,000
International Trust Fund for Demining................... 10,000
Small Arms/Light Weapons Destruction.................... 3,000
--------------------------------------------------------
____________________________________________________
NADR Total........................................ 353,500
The conference agreement contains language similar to
that included in the Senate amendment that authorizes not to
exceed $250,000 for the support of public-private partnerships
for mine action by grant, cooperative agreement, or contract.
The managers direct that the State Department provide a
financial plan for the use of these funds to the Committees on
Appropriations prior to the use of this authority. The House
bill did not address this matter.
The managers endorse the Senate report language regarding
demining and the House and Senate report language regarding the
Anti-terrorism Assistance program. With respect to Anti-
terrorism Assistance, the managers note that an additional
$10,400,000 was provided for this program in the Emergency
Supplemental Appropriations Act for Defense and the
Reconstruction of Iraq and Afghanistan (P.L. 108-106). The
conferees strongly support the anti-terrorism program and the
conference level of $97,000,000 represents an increase of 48
percent above the level provided in fiscal year 2003.
The managers recognize the central role of financing in
the operation of terrorist organizations such as Al Qaeda and
commend the Administration for initial actions taken in the
wake of the terrorist attacks on September 11, 2001 to block
the flow of money to these organizations. Given the wide range
of formal and informal financial mechanisms to secure funding
and to move it around the globe, the managers acknowledge the
need for an increasingly forceful approach to this problem.
The managers note the importance of an interagency effort
by the Terrorist Financial Working Group to curb the funding to
terrorist organizations such as Al Qaeda. The effort by the
Departments of State, Treasury, and Justice, working with other
agencies, is a key element in the fight against international
terrorism.
The managers direct the Department of State, in
consultation with the Department of the Treasury, to provide a
report on the spending of funds provided for counter-terrorist
financing in fiscal years 2001, 2002, and 2003, and a list of
planned spending in 2004. In addition, the report shall contain
a list of countries the Administration considers to be the
major source and/or transit points for terror financing, a list
of the interagency priority countries with which federal
agencies are currently working and the activities taking place
in those countries, and a list of other countries the
interagency working group has identified as needing such
assistance in the future and the types ofactivities that will
be required in those countries. The report shall be provided no later
than 120 days after enactment of this Act and the list of countries may
be classified if the Secretary of State determines that this is
necessary.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The conference agreement provides $19,000,000 for the
International Affairs Technical Assistance program of the
Department of the Treasury as proposed by the House instead of
$12,000,000 as proposed by the Senate.
The managers support the efforts of the Department of the
Treasury, International Affairs Technical Assistance, to assist
nations in their efforts to reduce financial crimes and
corruption by strengthening those governmental systems. The
Department of the Treasury has been providing technical
assistance for over a decade to nations facing economic
disruption due to systemic weaknesses, post conflict crises,
terrorist influences, or criminal practices. The managers urge
the Department of the Treasury to continue its current
technical assistance program and to strengthen its law
enforcement program with additional resident and intermittent
advisors. The managers further direct the Department of the
Treasury to manage its technical assistance program in
accordance with its own policies and to report to the
Committees on Appropriations on the status of its efforts.
The conference agreement provides an additional
$5,000,000 above the President's request, and the managers
direct the additional funds be used for terrorist financing
activities and to expand programs providing economic advisors
to assist countries in sub-Saharan Africa.
The managers endorse the language of the House report
with respect to the International Affairs Technical Assistance
program.
DEBT RESTRUCTURING
The conference agreement provides $95,000,000 for Debt
Restructuring, the same level as proposed by the House bill
instead of $195,000,000 in the Senate amendment. The managers
expect the funds to be allocated as follows: $20,000,000 for
the Tropical Forest Conservation Act Programs and $75,000,000
for the first of two contributions to the Heavily Indebted Poor
Countries Trust Fund.
Prior to obligating any funds for the HIPC Trust fund,
the managers direct the Department of the Treasury to submit in
writing to the Committees on Appropriations: a list of donors
to the HIPC Trust Fund, each donor's pledge and actual
contribution, the date of contributions, detailed disbursement
data of the Fund including the level of funds transferred to
each financial institution and the date of transfer, the
current and expected future balance of the HIPC Trust Fund, an
explanation of the current HIPC Trust Fund shortfall of funds,
and an estimate of future United States contributions to the
HIPC Trust Fund beyond fiscal year 2005.
The conference report does not include funds for
bilateral debt relief for the Democratic Republic of Congo
(DROC). Given the greater humanitarian and emergency needs in
the DROC, the conference agreement has dedicated funding to the
Development Assistance, Child Survival and Health Programs
Fund, International Disaster Assistance, Office of Transition
Initiatives, and the Economic Support Fund in the expectation
that this assistance will address and benefit more immediately
the most pressing needs in DROC and Africa.
TITLE III--MILITARY ASSISTANCE
International Military Education and Training
The conference agreement provides $91,700,000 for the
International Military Education and Training program as
proposed by the Senate instead of $91,100,000 as proposed by
the House.
The conference agreement provides that funding for
Algeria and Cambodia shall be subject to the regular
notification procedures of the Committees on Appropriations.
The House bill did not include these nations, but both the
House bill and the Senate amendment provided that funding for
Nigeria and Guatemala is subject to notification.
As evidenced by the conference agreement, the managers
continue to strongly support the International Military
Education and Training (IMET) program.
The managers endorse the Senate report language
concerning performance evaluation procedures of the IMET
program. The managers believe that more needs to be done to
improve output measures for the IMET program. The managers
believe that simply counting the number of trainees is not
sufficient to measure the IMET program and its results. The
managers expect not later than 90 days after enactment of this
Act, that the Secretary of State, after consultation with the
Secretary of Defense, shall report to theCommittees on
Appropriations on other factors that will be used to measure and
evaluate the success of the IMET program.
The managers endorse Senate report language on the
Informational Program. In section 554, the managers have agreed
to the provision in the House bill that requires the
Secretaries of Defense and State to submit the annual foreign
military training report required by section 656 of the Foreign
Assistance Act to the Committees on Appropriations. This
provision eliminates the requirement for separate reports to be
prepared and transmitted to Congress.
FOREIGN MILITARY FINANCING PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The conference agreement appropriates $4,294,000,000
instead of $4,314,000,000 as proposed by the House and
$4,384,000,000 as proposed by the Senate.
The managers have included language providing
$2,160,000,000 for Israel and $1,300,000,000 for Egypt as
proposed in both the House and Senate bills. The conference
agreement includes language similar to that proposed in the
Senate bill which provides that $206,000,000 should be made
available for assistance for Jordan.
The managers note that in a previous continuing
resolution, P.L. 108-84, the Congress authorized a $550,000,000
Foreign Military Financing loan to the Czech Republic for the
acquisition, logistics and training support of U.S. F-16
aircraft. The Administration request stated that this action
would have no budgetary impact, but the Congressional Budget
Office did not concur and estimated the subsidy cost of this
assistance under section 502 of the Budget Act to be
$20,000,000. As this cost must be accommodated within the
budget allocation for this bill, the managers have made the
necessary reductions to absorb this credit subsidy within the
amounts provided under this heading.
The conference agreement includes $50,000,000 for FMF
assistance for Afghanistan. The conference agreement includes
$20,000,000 for the Philippines as proposed by the Senate. The
conference agreement includes $2,000,000 in FMF assistance for
counter-terrorism efforts by Uganda as proposed by the House.
The managers have not included the earmark of $27,000,000
for assistance to Poland as proposed by the Senate. The
managers strongly support expansion of United States foreign
military assistance to Poland, and increased assistance for all
nations that are contributing coalition forces in Iraq. The
managers expect the Administration to propose increased FMF
support for nations such as Poland, Bulgaria, Latvia and
Lithuania in the fiscal year 2005 budget request.
The managers note that in its efforts to obtain Article
98 agreements, the State Department inadvertently allowed the
signature of the Former Yugoslav Republic of Macedonia as
simply ``Macedonia.'' In the future the Department should
adhere to current policy using the formal name for this Balkan
nation.
The managers have included language similar to that in
the Senate bill allowing transfer of $17,000,000 to the
``Andean Counterdrug Initiative'' account for aircraft and
related assistance for the Colombian National Police. The
managers have included language proposed by the Senate that
prohibits the use of funds for activities relating to the
clearance of unexploded ordnance from United States Armed
Forces testing or training exercises, except on San Jose
Island, Republic of Panama, where such activities already are
underway.
PEACEKEEPING OPERATIONS
The conference agreement appropriates $74,900,000 for
``Peacekeeping Operations'' (PKO) instead of $84,900,000 as
proposed by the Senate and $85,000,000 as proposed by the
House.
The managers have fully funded every program in this
account, except for a request for additional financial support
for the Afghan National Army. While recognizing the importance
of this initiative, the managers believe that this request can
be fulfilled by using PKO funds provided in prior Emergency
Supplemental Appropriations Acts for Iraq and Afghanistan (P.L.
108-106 and P.L. 108-11).
TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY
The conference agreement appropriates $139,240,000 for
the Global Environment Facility (GEF) instead of $107,500,000
as proposed by the House and $170,997,000 as proposed by the
Senate. The managers intend that $107,500,000 of this amount is
for the scheduled United States contribution to the third
replenishment of the GEF, and $31,740,000 for past payments
due.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The conference agreement appropriates $913,200,000 for
the International Development Association (IDA), the
concessional lending facility of the World Bank, instead of
$850,000,000 as proposed by the House and $976,825,000 as
proposed by the Senate. The managers intend that the
appropriation be made available to fully provide for the first
scheduled payment under the United States commitment to the
thirteenth replenishment of IDA and to provide $63,200,000 of
the $100,000,000 incentive contribution.
The Secretary of the Treasury certified on April 12, 2003
that the World Bank had met the conditions, specifically the
setting up of performance benchmarks for World Bank programs,
which would have allowed for an additional contribution of
$100,000,000. However, the Committees on Appropriations were
not consulted regarding this commitment of an additional
$100,000,000 in appropriated funds. Therefore, the managers
have included language that would require an independent audit
to determine if the World Bank is meeting its performance
targets in the spring of 2004 before the Secretary of the
Treasury can further commit appropriated funds to the IDA-13
agreement. If an independent audit is not conducted, the
managers do not plan to include any incentive contribution in
fiscal year 2005.
CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE AGENCY
The conference agreement appropriates $1,124,000 for
paid-in capital for the Multilateral Investment Guarantee
Agency (MIGA), the amount provided in the Senate amendment,
instead of $4,001,672 as proposed by the House bill. The
managers intend for the appropriation to be provided for past
payments due by the United States to MIGA. Approval for a
subscription to the appropriate amount of callable capital is
also included in the conference agreement.
CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION
The conference agreement includes no appropriation for
past payments due to the Inter-American Investment Corporation,
as proposed by the House. The Senate proposed funding at a
level of $898,000.
The managers endorse House report language regarding the
Inter-American Development Bank.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
The conference agreement appropriates $25,000,000 for
past due payments by the United States to the Multilateral
Investment Fund as proposed by the House, instead of
$30,614,000 as proposed by the Senate.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The conference agreement provides $144,421,000 for the
United States contribution to the Asian Development Fund,
instead of $151,921,405 as proposed by the House and
$136,921,000 as proposed by the Senate. The managers intend
that the appropriation be made available to fully provide for
the $103,000,000 scheduled payment under the United States
commitment to the seventh replenishment of the Asian
Development Fund and $41,421,000 for past payments due.
The managers endorse House report language regarding the
Asian Development Bank.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The conference agreement appropriates $5,104,930 for the
African Development Bank as proposed by the House instead of
$5,105,000 as proposed by the Senate.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The conference agreement appropriates $112,725,000 for
the African Development Fund instead of $107,370,856 as
proposed by the House and $118,081,000 as proposed by the
Senate.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
The conference agreement provides $35,431,111 for the
European Bank for Reconstruction and Development as proposed by
the House instead of $35,431,100 as proposed by the Senate.
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The conference agreement includes $15,004,042 for a
United States contribution to the International Fund for
Agricultural Development (IFAD), as provided by the House. The
Senate amendment provided $15,004,000. While IFAD is the
seventh largest multilateral contributor to the enhanced
Heavily Indebted Poor Countries initiative (HIPC), it, however,
still does not have access to the core resources of the
companion HIPC Trust Fund. Currently, IFAD has to absorb 87
percent of the cost for participating in HIPC, while other
multilateral development banks with full access absorb much
smaller percentages. The managers urge the Administration to
work with other donors so IFAD will gain access to the core
resources of the HIPC Trust Fund.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The conference agreement provides $321,650,000 for
voluntary contributions to International Organizations and
Programs instead of $194,550,000 as proposed by the House and
$322,550,000 as proposed by the Senate. The conference
agreement provides $120,000,000 for a contribution to UNICEF
under this heading, as proposed by the Senate. The House
provided these funds under the heading ``Child Survival and
Health Activities''.
The managers continue to support the work of the World
Food Program (WFP) and have provided $6,000,000 for a voluntary
contribution under section 534 of this Act similar to the
Senate amendment. The House included a $6,000,000 contribution
to the WFP under this heading.
The managers have included $750,000 for a voluntary
contribution for the United Nations Human Settlements Program
(UNHABITAT), which works to improve the lives of slum dwellers
around the world. The managers note that in prior fiscal years
the Administration has supported the work of UNHABITAT and
reprogrammed funds to this organization. The managers recognize
the Administration's efforts on this issue and urge that funds
are requested for UNHABITAT in fiscal year 2005.
The managers are concerned that in fiscal year 2003, the
Department of State disproportionately applied the 0.65 percent
across-the-board cut mandated by P.L. 108-7 instead of reducing
every program in this account by the same amount. As a result,
certain organizations and programs under this heading bore the
brunt of the rescission while others were not reduced. The
conference agreement does not contain Senate earmarks under
this heading, but the managers intend that the State Department
will allocate funds according to the chart below. Should any
across the board rescission be mandated that impacts this Act,
such rescission is to be applied equitably for each
organization and program indicated in the chart.
The managers have provided $2,500,000 for the United
Nations High Commissioner for Human Rights, to support its
activities including human rights training for peacekeepers,
activities to address trafficking in persons, monitoring and
field activities.
Funds in this account are allocated in the following
table and, as stipulated in bill language any change to these
allocations is subject to the regular reprogramming procedures
of the Committees on Appropriations:
[$ in thousands]
UN High Commissioner, Human Rights...................... $2,500
UN Fund for Tech. Cooperation in Human Rights........... 1,500
UN Voluntary Fund for Victims of Torture................ 5,500
OAS Fund for Strengthening Democracy.................... 3,000
UNDP.................................................... 102,000
UNIFEM.................................................. 1,000
UNICEF.................................................. 120,000
OAS Development Assistance.............................. 5,500
OAS Special Mission in Haiti............................ 5,000
WTO..................................................... 1,000
ICAO Aviation Programs.................................. 1,000
UNEP.................................................... 11,000
World Food Program...................................... *0
Montreal Protocol....................................... 21,000
International Conservation Programs (CITES/ITTO/IUCN/
Ramsar/CCD)......................................... 6,400
IPCC/UNFCCC............................................. 5,600
International Contributions for Scientific Educational &
Cultural Activities................................. 1,900
World Meteorological Organization....................... 2,000
UN Center for Human Settlements......................... 750
Reserve to be allocated................................. 25,000
--------------------------------------------------------
____________________________________________________
Total............................................. 321,650
*$6,000,000 provided under section 534.
---------------------------------------------------------------------------
TITLE V--GENERAL PROVISIONS
(NOTE: If House and Senate language is identical except
for a different section number or minor technical differences,
the section is not discussed in the Statement of Managers.)
Sec. 502. Private and Voluntary Organizations
The conference agreement includes language identical to
that included in the House bill that requires receiving
development assistance to obtain more than 20 percent of its
total annual funding from other sources. The section does not
include Senate language requiring that funds must be made
available to PVOs in title II at the level they were provided
in fiscal year 1995.
Sec. 506. Prohibition on Taxation of United States Assistance
The conference agreement contains a provision prohibiting
taxation of United States assistance that is a modification of
a similar provision contained in section 579 of the fiscal year
2003 foreign operations appropriations Act. The managers intend
that section 579 be applied in accordance with the changes made
to that section by this Act. In addition, in order not to
create an undue reporting burden on contractors, grantees and
other entities implementing that section, and in recognition
that the reimbursement process is often not completed by the
time it is necessary to determine what amounts are to be
withheld, the managers agree that in determining amounts to be
withheld agencies may use estimates and statistical sampling to
determine the amount of assessed taxes and the amount of
reimbursements that will be paid over a reasonable period of
time. The Senate did not address this matter.
Sec. 507. Prohibition Against Direct Funding for Certain Countries
The conference agreement includes language similar to
that included in the House bill regarding prohibiting
assistance to certain countries, but does not include Senate
language adding Sudan to the list of countries.
The conference agreement includes language clarifying
terminology in P.L. 106-570 regarding Sudan as proposed by the
Senate, but it is included in section 534, ``Special
Authorities''. The House did not address this matter.
Sec. 509. Transfers
The conference report includes House language on this
matter. The new provisions of this section would prohibit
transfers to any department, agency, or instrumentality of the
United States unless specifically authorized in this Act,
except for certain transfers authorized by provisions of the
Foreign Assistance Act. The Senate did not address this matter.
Sec. 515. Notification Requirements
The conference agreement reflects a technical change to
include ``Global HIV/AIDS Initiative'' and ``Millennium
Challenge Corporation'' to the list of accounts that are
subject to notification pursuant to this section. The House
bill had similar language, and the Senate did not address these
matters.
Sec. 517. Independent States of the Former Soviet Union
The conference agreement includes language similar to
that proposed in the House bill regarding Enterprise Funds. The
provision does not include Senate language regarding the
ability to deposit funds in an interest bearing account and the
spending of such interest. This language is in permanent law
and does not need to be included.
Sec. 520. Special Notification Requirements
The conference agreement adds ``Cambodia'' to the list of
countries subject to special notification procedures of this
section as proposed by the Senate but deletes ``Colombia'' as
proposed by the House. This section does not delete ``Serbia''
and ``Pakistan'' as recommended by the House.
Sec. 522. Child Survival and Health Activities
The conference agreement authorizes USAID to use up to
$13,500,000 from the ``Child Survival and Health Programs
Fund'' and $3,500,000 from ``Development Assistance'' for
technical experts from other government agencies, universities,
and other institutions.
The conference agreement includes language
notwithstanding any other provision of law, except for those
provisions under ``Child Survival and Health Programs'' and
P.L. 108-25 (the ``United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003''), for funds
appropriated by titles II and III of this Act for bilateral
child survival or disease programs.
The conference agreement also deletes authority allowing
funds from titles II and III (in the House bill) or title III
(in the Senate bill) to be used for activities authorized under
section 301 of the Foreign Assistance Act.This authority is no
longer needed, since funding for UNICEF has been moved to the
International Organizations and Programs section.
The conference agreement provides that not less than
$432,000,000 shall be made available for reproductive health/
family planning activities from funds appropriated by this Act.
Sec. 523. Afghanistan
The conference agreement provides that not less than
$405,000,000 of the funds appropriated by titles II and III
shall be made available for humanitarian and reconstruction
assistance for Afghanistan. The House and Senate proposed a
level of not less than $600,000,000. With the enactment of the
fiscal year 2004 emergency supplemental (P.L. 108-106), an
additional $1,200,000,000 has been provided for Afghanistan in
fiscal year 2004.
The managers intend that funds provided under this
section be allocated as follows:
[$ in thousands]
Child Survival and Health Programs Fund................. $21,000
Development Assistance.................................. 150,000
International Disaster Assistance....................... 35,000
Economic Support Fund................................... 75,000
Migration and Refugee Assistance........................ 72,000
Foreign Military Financing.............................. 50,000
Other................................................... 2,000
--------------------------------------------------------
____________________________________________________
Total............................................. 405,000
The managers intend that not less than $2,000,000 be
provided for a reforestation program in Afghanistan, not less
than $2,000,000 for the Afghan Judicial Reform Commission, not
less than $5,000,000 for the Afghan women's programs, and not
less than $2,000,000 for assistance for Afghans that suffer
losses from military operations.
The managers urge the Department of State and USAID in
Afghanistan to work together to ensure that United States and
international officials, contractors, and grantees are more
adequately protected from insurgent attacks as they manage and
implement reconstruction projects. In particular, the Embassy
is requested to use the authorities and funds made available
for Afghanistan in this Act and in P.L. 108-106 to equitably
allocate diplomatic security and contract security so that
USAID and other assistance managers can more safely oversee and
assess programs outside of Kabul.
The managers welcome the new mandate to expand the
presence of the International Security Assistance Force (ISAF)
outside Kabul. However, without additional resources and
military personnel, ISAF expansion may not effectively
contribute to creating a security environment for political
development and reconstruction in Afghanistan, particularly in
the south and southeast. The managers urge the Administration
to provide resources to support ISAF expansion and to seek
additional NATO partners in this effort.
The managers also urge the Administration to work with
NATO partners to reconcile ISAF expansion with any plans to
create additional Provincial Reconstruction Teams (PRTs). The
managers support the PRTs and believe their primary focus
should continue to be enhancing security throughout
Afghanistan.
The managers note that women in Afghanistan continue to
struggle to achieve the most basic rights despite the efforts
of the new government. The managers urge that women be
carefully integrated into activities related to development and
reconstruction, and also believe that there should be a
specific focus on strengthening women-led institutions and
organizations.
Therefore the managers provide $5,000,000 for programs
aimed at addressing 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. The managers urge USAID to establish a
contracting mechanism for the disbursal and monitoring of small
grants to women-led nongovernmental organizations to accomplish
this goal.
Sec. 525. USAID Overseas Program
The conference agreement includes language proposed by
the House that provides funds in this and subsequent
appropriations Acts to carry out Part I of the Foreign
Assistance Act may be used to employ individuals overseas on a
limited appointment basis, and limits the number of employees
hired under this provision to not more than 85. The Senate did
not address this matter.
Sec. 526. Democracy Programs
The conference agreement includes $13,500,000 for
democracy, human rights and rule of law programs in the
People's Republic of China and Hong Kong, instead of
$35,000,000 as proposed by the Senate, and provides 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, subject to a matching
requirement.
The conference agreement includes $11,500,000 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. The Senate proposed $25,000,000 for
these activities; the House did not address this matter. The
conference agreement provides $3,000,000 of such funds shall be
made available for programs and activities that provide
professional training for journalists. The conference agreement
includes language similar to a Senate proposal, which provides
that ``Economic Support Fund'' assistance shall be made
available to support civil society organizations working for
democracy in Egypt. The managers intend that not less than
$1,000,000 be made available for such organizations, including
the Ibn Khaldun Center for Development, and that these funds
are to be in addition to other amounts made available for Egypt
in the Act.
The managers provide that 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. The managers expect the Bureau for Democracy
and Human Rights to provide $1,000,000 for such activities, the
National Endowment for Democracy to provide $500,000, and to
consult with the Committees on Appropriations prior to
obligating any funds for these programs.
The conference agreement provides 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.
The conference agreement provides a total of $17,500,000
for activities of the Bureau of Democracy, Human Rights and
Labor, Department of State under this section, and not less
than $34,500,000 from funds made available by this Act. The
agreement provides a total of $9,500,000 for activities of the
National Endowment for Democracy under this section.
The managers expect that funds made available under this
section will be made available to the Alliance for Reform and
Democracy in Asia.
The managers endorse language in Senate Report 108-106
regarding democracy programs, and direct USAID to consult with
the Committees prior to making any changes in the framework or
operation of its Consortium for Elections Political Process
Strengthening (CEPPS) funding mechanism. The managers endorse
the reporting requirement contained in the Senate report on
anticipated contributions to the CEPPS funding mechanism from
all accounts.
Sec. 528. Debt for Development
The conference agreement includes House language on this
matter. The Senate amendment would have authorized the use of
appropriated funds for endowments. The managers are concerned
about the desire of the Administration to create endowments
without the consent of the Committees on Appropriations,
therefore the managers expect that any endowments proposed by
the Administration in fiscal year 2005 will be proposed in the
President's budget request for fiscal year 2005.
The conference agreement does not include Senate language
expanding the authorities of the provision to allow non-
governmental organizations to deposit any funds made available
in this Act or in prior Acts into interest bearing accounts.
The House did not address this matter.
Sec. 531. Burma
The conference agreement includes a modified version of
the Senate's provision on the use of the Economic Support Fund
in Burma and along the Burma-Thailand border, and, in addition,
a House provision, similar to language in prior year Acts,
regarding independent media activities promoting democracy
inside Burma.
The managers continue to strongly support the struggle
for freedom in Burma, and call for the immediate and
unconditional release of Burmese democracy leader Daw Aung San
Suu Kyi and all other prisoners of conscience. The managers
expect the State Department to use every opportunity to press
regional neighbors and the community of democracies to support
political reconciliation in Burma that includes the full
consultation and participation of the National League for
Democracy and ethnic nationalities.
The managers are concerned with reports of growing
military ties between Burma and North Korea, and the purchase
of weapons from North Korea through shipments of heroin. The
managers request that, not later than 90 days after enactment
of this Act, the Secretary of State report to the Committees on
the nature and extent of military ties between these two rogue
nations.
The conference agreement provides $13,000,000 to support
democracy programs 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. The agreement provides
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, and that
$500,000 should be made available to support newspapers,
publications, and other media activities promoting democracy
inside Burma. The managers request to be consulted prior to the
provision of any assistance to Irrawaddy Publishing Group.
The managers again expect that $1,000,000 will be
provided to support efforts to combat HIV/AIDS inside of Burma,
and that not less than $1,000,000 will be provided to support
efforts to limit malaria and infectious diseases among Burmese
along the Burma-Thailand border. These funds are to be made
available under the heading Child Survival and Health Programs
Fund in this Act, and are in addition to the amounts provided
under this section.
The conference agreement includes a reporting requirement
by the Secretary of State, in consultation with the
Administrator of USAID, describing the estimated amount and
rate of disbursement of fiscal year 2002 and 2003 funding for
HIV/AIDS programs and activities in Burma, the 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.
Sec. 534. Special Authorities
The conference agreement includes House language
providing certain authority for assistance for Lebanon and
Montenegro and Pakistan, assistance to victims of war,
displaced Burmese, and assistance to combat trafficking.
The managers have continued current authority for certain
bureaus and offices in USAID to hire personal service
contractors, expanded existing authority for USAID to provide
support for administrative costs of a program to provide
information regarding available donated space on commercial
ships to organizations shipping humanitarian assistance, and
provides for expanded authorities under section 660(b)(6) of
the Foreign Assistance Act of 1961.
The conference agreement includes Senate language giving
authority notwithstanding any other provision of law for the
National Endowment for Democracy as proposed by the House and
Senate.
The conference report also includes language that
provides $6,000,000 for the World Food Program from USAID's
Bureau for Democracy, Conflict, and Humanitarian Assistance as
proposed by the Senate. The House provided these funds under
the heading ``International Organizations and Programs''.
Sec. 539. Ceilings and Earmarks
The conference agreement includes House language that
allows for funds provided in this Act to be made available
notwithstanding earmarks in any other Act, similar to language
proposed in the Senate.
Sec. 544. Withholding of Assistance for Parking Fines Owed by Foreign
Countries
The conference agreement allows 110 percent of the total
amount of unpaid parking fines determined to be owed by foreign
countries to the District of Columbia and New York City, New
York, to be withheld from obligation for assistance to such
country, as proposed by the Senate. The language is similar to
that proposed by the House.
The managers are concerned that nations receiving foreign
assistance under this Act owe at least $16,600,000 to the City
of New York in unpaid parking tickets and penalties. Noting the
longstanding efforts of the City to work with the State
Department to collect these outstanding balances, themanagers
have included language to enhance the penalties associated with this
provision. This is similar to Senate language.
The managers urge the State Department to work
cooperatively with the City of New York and the District of
Columbia to find a workable solution to collect the unpaid
balances from 1997 to 2002 that satisfies all sides and
resolves the situation once and for all.
Sec. 546. War Crimes Tribunals Drawdown
The conference agreement includes House and Senate
language authorizing up to $30,000,000 in drawdowns of
commodities or services for war crimes tribunals. The
conference agreement includes Senate language adding the
Special Court for Sierra Leone to the list of tribunals
exempted from notification. The House did not address this
matter.
Sec. 550. Restrictions on Voluntary Contributions to United Nations
Agencies
The conference agreement includes language in the House
bill prohibiting voluntary contributions to the United Nations
if the United Nations implements or imposes any taxation on
people in the United States. The Senate did not address this
matter.
Sec. 552. Limitation on Assistance to the Palestinian Authority
The conference report includes language similar to the
House bill that prohibits funding to the Palestinian Authority
to carry our chapter 4 of part II of the Foreign Assistance Act
and includes a waiver if the President certifies in writing to
the Speaker of the House and the President Pro Tempore of the
Senate that waiving such a provision is important to the
national security interests of the United States. The
conference report includes Senate language requiring a report
on, among other issues, a description of how the funds will be
spent and the accounting provisions used to monitor their
expenditure, should the waiver be exercised. The House did not
address this matter.
Sec. 554. Foreign Military Training Report
The conference agreement includes House language
requiring the Secretaries of Defense and State to submit the
annual foreign military training report required by section 656
of the Foreign Assistance Act to the Committees on
Appropriations by the date specified in that section. The
Senate amendment would have continued the requirement of a
similar but separate report to the Committees on
Appropriations.
Sec. 555. Environment Programs
The conference report includes language similar to a
Senate provision for programs that protect biodiversity and
energy conservation, energy efficiency and clean energy
programs, in developing countries. This matter is addressed
under the heading ``Development Assistance''.
Sec. 556. Regional Programs for East Asia and the Pacific
The conference agreement includes language similar to
that proposed by the Senate requiring that funds appropriated
under the heading ``Economic Support Fund'' that are requested
for ``Regional Democracy'' assistance for the State
Department's Bureau of East Asia and the Pacific shall be made
available for the Human Rights and Democracy Fund of the State
Department's Bureau of Democracy, Human Rights, and Labor.
Sec. 557. Zimbabwe
The conference agreement is the same as current law and
is identical to the Senate amendment. The House did not address
this matter.
Sec. 558. Tibet
The conference agreement includes language similar to a
Senate provision regarding Tibet, but the matter is addressed
under the heading ``Economic Support Fund''.
Sec. 559. Authorization Requirement
The conference agreement includes language that provides
that 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, similar to language provided in the Senate amendment.
Sec. 560. Nigeria
The conference agreement includes a provision identical
to current law and the Senate amendment that restricts the use
of IMET and FMF for Nigeria until a Presidential certification
regarding actions taken against whom there is credible evidence
of gross violations of human rights inBenue State in October
2001, and the Government of Nigeria and the Nigerian Armed Forces are
taking effective measures to bring such individuals to justice. The
conference agreement includes a Presidential waiver. The House did not
address this matter.
Sec. 561. Cambodia
The conference agreement includes language similar to the
Senate provision continuing restrictions on assistance to the
central Government of Cambodia, with a few exceptions, and
provides up to $4,000,000 for assistance for democracy programs
in that country. The managers endorse the budget request for
Cambodia, but recommend $17,000,000, instead of $15,000,000, in
assistance under the heading ``Economic Support Fund''.
The managers permit IMET assistance to Cambodia should
the Secretary of State provide a list of those individuals
credibly alleged to be responsible for gross human rights
violations in Cambodia, including, among other tragic events,
the 1997 grenade attack against the Khmer Nation Party that
killed and injured scores of Cambodians and American democracy
worker Ron Abney. The managers expect a broad range of official
and nongovernmental organizations to be consulted in creating
this list. The managers also request the Federal Bureau of
Investigation to renew efforts to investigate this act of
terrorism.
The conference agreement prohibits the use of funds in
this Act to support any Khmer Rouge tribunal established by the
Government of Cambodia. The managers strongly support justice
for genocide and crimes against humanity committed by the Pol
Pot regime, but remain concerned that the proposed tribunal--in
its current formation--is open to manipulation and interference
by the Cambodian People's Party and falls short of meeting
international standards of justice. The managers expect
sufficient funding to be provided to the Documentation Center
of Cambodia.
The managers remain concerned with the political
situation in Cambodia, and commend the Alliance of Democrats
for their commitment to democracy and the rule of law. The
managers recommend that the State Department continue to
publicly support the legal rights of the Alliance to negotiate
a new Cambodian government and to press the Government of
Cambodia for justice for crimes and human rights abuses
committed with impunity, including the murder of former
parliamentarian Om Radsady earlier this year.
The managers recommend sufficient funding be provided to
Global Witness, the only effective watchdog organization on
Cambodia deforestation issues.
Section 562. Palestinian Statehood
The conference agreement includes language similar to
that proposed by the House that prohibits funding to support a
Palestinian state unless the Secretary of State makes certain
determinations. The Senate had similar language.
Section 563. Colombia
The conference agreement includes a modified version of
the Senate language on conditioning funds for Colombian Armed
Forces through a two-time human rights certification process.
Additionally, these funds are made available only upon
notification to the Committees on Appropriations, and the
conference report includes language requiring the Department of
State to consult with the human rights non-governmental
organizations every 90 days instead of prior to the
certification. The House addressed this matter but only
required a one-time certification.
Sec. 567. Contributions to United Nations Population Fund
The conference report provides $34,000,000 for the United
Nations Population Fund (UNFPA), which is subject to the
``Kemp-Kasten'' provision. Of this amount, $25,000,000 is to be
made available from the ``International Organizations and
Programs'' account and the balance from the ``Child Survival
and Health Programs Fund''. The managers are aware that UNFPA
has stated its opposition to the Chinese Government's one child
policy and its social compensation fee. The managers condemn
all forms of coercion in China's family planning policy and
practice. The managers request the Department of State to
report to the Committees not later than July 15, 2004, on the
steps it and UNFPA have taken to urge the Government of China
to end its birth limitation policy, including the social
compensation fee, and the results of those efforts, nationally,
and particularly in the counties in which UNFPA operates.
Sec. 568. Central Asia
The conference agreement includes language similar to
that included in the Senate amendment that conditions the
assistance to the Governments of Uzbekistan and Kazakhstan. The
House did not address this matter.
Sec. 569. Discrimination Against Minority Religious Faiths in the
Russian Federation
The conference agreement includes language similar to
that in the Senate bill and the fiscal year 2002 Act that
withholds funds for the Government of the Russian Federation
until the President certifies that the Russian Central
Government is not acting to discriminate against minority
religious faiths. The House did not address this matter.
Sec. 572. Funding for Serbia
The conference agreement contains language similar to
that proposed by the Senate, except that the provisions of this
section affect assistance for Serbia after March 31, 2004. In
addition, language is included that specifies Radko Mladic as
an indictee whose surrender and transfer, if practicable, would
signify cooperation with the International Criminal Tribunal
for the former Yugoslavia. The House bill included current law
only.
Sec. 573. Community-Based Police Assistance
The conference agreement includes language similar to the
House language authorizing use of certain USAID-administered
funds in title II of this Act for support for civilian police
in Jamaica and El Salvador, notwithstanding section 660 of the
Foreign Assistance Act, and any funds for this purpose are
subject to notification. The Senate bill included a general,
world-wide waiver of this authority.
Sec. 576. Disaster Surge Capacity
The conference report includes language proposed by the
House that allows funds in this Act to carry out part I of the
FAA to be used to pay for detailees to or employees of USAID
who carry out programs to address disasters, or programs under
the heading ``Transition Initiatives''.
Sec. 577. IFAD Authorization
The conference report includes language proposed by the
House that authorizes $45,000,000 without fiscal year
limitation for payment by Treasury for the International Fund
for Agricultural Development. The Senate did not address this
matter.
Sec. 578. Philippine Education and Health Infrastructure
The conference agreement includes language as proposed by
the House bill that requires that $600,000 of funds under the
heading ``Economic Support Fund'' provided in P.L. 108-11 shall
be available only for upgrading education and health
infrastructure in the Sulu Archipelago.
Sec. 579. Basic Education
The conference agreement includes language similar to
that proposed by the House that provides not less than
$326,500,000 for basic education from title II and requires the
Secretary of State shall submit a report not less than 120 days
after enactment of this Act laying out the strategy for the use
of basic education funds. The Senate did not address this
matter.
Sec. 580. Participation in the Thirteenth Replenishment of the
Resources of the International Development Association
The conference report includes language identical to that
proposed by the House that would authorize a further United
States contribution to IDA, including making the contribution
subject to prior appropriations. The Senate did not address
this matter.
Sec. 581. Administrative Provisions Related to the Multilateral
Development Institutions
The conference report includes language similar to
section 578 of the House bill and section 679 of the Senate
amendment, regarding transparency and accountability at the
multilateral development institutions. The managers are
concerned that these institutions are not moving fast enough to
strengthen oversight of internal controls and procedures,
protect whistle blowers from retaliation, and broaden public
access to information about lending proposals, strategies and
policies. The conference agreement provides that the Secretary
of the Treasury should instruct the U.S. Executive Director at
each of these institutions to inform the institution of a
number of important policy goals, and to use the voice and vote
of the United States to achieve these goals before June 30,
2005. The Secretary is to report on progress not later than
September 1, 2004, and six months thereafter.
Sec. 582. Participation in the Seventh Replenishment of the Resources
of the Asian Development Fund
The conference report includes language identical to that
proposed by the House that would authorize a further United
States contribution to the Asian Development Fund, including
making the contribution subject to prior appropriations. The
Senate did not address this matter.
Sec. 583. Participation in the Ninth Replenishment of the Resources of
the African Development Fund
The conference report includes language identical to that
proposed by the House that would authorize a further United
States contribution to African Development Fund, including
making the contribution subject to prior appropriations. The
Senate did not address this matter.
Sec. 584. Overseas Private Investment Corporation and Export-Import
Bank Restrictions
The conference agreement includes a provision identical
to the Senate amendment and current law that prohibits the use
of funds by OPIC and the Export-Import Bank to finance
investments in connection with a project involving diamonds in
a country that is not implementing the requirements developed
by the Kimberley Process, or is not undertaking other measures
that the Secretary of State determines to contribute to the
elimination of the trade in conflict diamonds.
Sec. 585. Reconciliation Programs
The conference agreement includes language similar to
that proposed by the Senate that would provide $8,000,000 from
within the Economic Support Fund account for conflict
resolution programs and activities. The House did not address
this matter.
Sec. 586. Nicaragua
The conference agreement includes a general provision,
similar to Senate language, which provides that not less than
$35,000,000 in Child Survival and ``Development Assistance''
funds should be made available for Nicaragua, which is
$4,000,000 above the amount requested. The House addressed this
matter in the report.
Sec. 587. Disability Access
The conference report includes language similar to the
Senate bill that requires the Administrator of USAID to develop
and implement standards for access for people with disabilities
for construction projects funded by USAID. The House did not
address this matter.
Sec. 588. Trade Capacity Building
The conference agreement includes language providing not
less than $503,000,000 for trade capacity building assistance
from the Trade and Development Agency, Development Assistance,
Transition Initiatives, ESF, International Affairs Technical
Assistance, and International Organizations and Programs
accounts. The House had similar language, and the Senate did
not address this matter.
Sec. 589. War Crimes in Africa
The conference agreement includes a modified Senate
provision that would make assistance available to the central
government of a country in which individuals indicted by the
International Criminal Tribunal for Rwanda (ICTR) and the
Special Court for Sierra Leone (SCSL) are credibly alleged to
be living, if the Secretary of State certifies that such
government is cooperating with ICTR and SCSL. The provision
contains a national security waiver. The managers believe that
peace and reconciliation efforts in West and Central Africa
will be severely undermined if those most responsible for
genocide in Rwanda and the atrocities in Sierra Leone are not
brought to justice.
The managers commend the democratically-elected
Government of Nigeria for reaching an agreement with the
Government of Liberia which helped to give the international
community an important opportunity to provide desperately
needed relief to that nation. Nigeria is a key ally in the
region and the managers have recognized its role in this
provision. However, the managers also note that efforts to
address the humanitarian crisis and rebuild Liberia, as well as
other parts of West Africa, will be severely limited if
individuals indicted by SCSL are not handed over to the Court.
The managers note that the United Nations Special
Representative for Liberia, senior members of the Nigerian
military, and important Nigerian civic organizations have
called for the transfer of indicted war criminals to SCSL.
The managers have also included language in this
provision to provide $5,000,000 to the SCSL from unobligated
balances of fiscal year 2003 ``Economic Support Fund'' (ESF)
assistance. This language is similar to aSenate provision under
the ESF heading, which would have provided $2,500,000 to the SCSL in
fiscal year 2004. The managers have included this provision because a
Congressional directive in P.L. 108-7 to provide these funds was
ignored by the State Department. The managers continue to strongly
support SCSL. The managers endorse the Senate report language on this
issue.
The managers continue to be concerned with the situation
in Ivory Coast, where there are serious questions concerning
the peace process and the country is in danger of becoming
permanently divided between the rebel-controlled territory in
the north and the government-controlled south. The managers
note, however, that elections are currently expected to occur
in 2005, the number of armed combatants remains relatively low,
and damage to the economic infrastructure is light, and,
therefore, believe that the situation could turn around if
there is a breakthrough in the peace process. The managers
request the State Department to consult with the Committees on
the situation in Ivory Coast, concerning a range of issues
including the progress of the peace process, the possibility of
a United Nations peacekeeping mission, and section 508
sanctions.
Sec. 590. Report on Admission of Refugees
The conference agreement provides language similar to the
Senate bill that advises the Secretary of State to use private
voluntary organizations with the relevant expertise in the
processing, identification, and referral of refugees and
advises the Secretary of State to develop a system for
accepting referrals from local private, voluntary
organizations, and outlines categories of special consideration
for admission. The provision also mandates a report, not later
than 120 days after enactment, on the progress made to
implement this section. The House did not address this matter.
Sec. 591. Post Differentials and Danger Pay Allowances
The conference report includes language that amends
sections 5925 (a) and 5928 of title 5, USC, to increase post
differentials and danger pay allowances for USAID employees,
subject to the provision of similar pay allowances to the
employees of the Department of State. The pay increase would be
available immediately for personnel deployed to Afghanistan and
Iraq. The House did not address this matter.
Sec. 592. Report on Azerbaijan
The conference report includes language similar to that
proposed by the Senate that requires the Secretary of State to
submit a report to the appropriate congressional committees on
the investigation of the murder of United States democracy
worker John Alvis. The House did not address this matter.
Sec. 593. Designation of the Global Fund to Fight AIDS, Tuberculosis
and Malaria under the International Organizations Immunities
Act
The conference agreement includes a provision that amends
the International Organizations Immunities Act by adding a new
section that extends the provisions of the Act to the Global
Fund the same as they are extended to a public international
organization in which the United States participates pursuant
to any treaty or under the authority of any Act authorizing
participation. This provision is identical to the Senate bill,
and the House did not address this matter.
Sec. 594. Code of Conduct
The conference agreement includes a new section, ``Code
of Conduct'' that prohibits refugee and humanitarian assistance
funding under the headings ``Migration and Refugee Assistance''
and ``Transition Initiatives'' to an organization that has not
adopted 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. Additionally the provision advises the Secretary of
State and the Administrator of USAID to incorporate policies
and programs to identify the needs of, and threats to, women
and children at the various stages of a humanitarian emergency.
The provision is similar to the Senate bill. The House
addressed this matter under the heading ``Migration and Refugee
Assistance''.
Sec. 595. Assistance for HIV/AIDS
The conference agreement contains Senate language
amending Public Law 108-25, the ``U.S. Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003'' in order to set
the baseline for calculating contributions from other donors to
the Global Fund to Fight AIDS, Tuberculosis, and Malaria
(Global ATM Fund) at 2004, for the purposes of calculating
matching contributions, and to allow funds withheld due to
certain provisions of Public Law 108-25 to be used for HIV/
AIDS, tuberculosis, and malaria programs.
The managers have exempted the Global Fund to Fight AIDS,
Tuberculosis, and Malaria, the World Health Organization, the
International AIDS Vaccine Fund, and United Nations agencies,
from section 301(f) of United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003. The managers
intend that for purposes of this provision, the World Health
Organization includes its six regional offices: The Americas
(PAHO); South-East Asia (SEARO); Africa (AFRO); Eastern
Mediterranean (EMRO); Europe (Euro); and Western Pacific
(WPRO).
Sec. 596. Technical Correction Relating to the Enhanced HIPC Initiative
The conference agreement includes a Senate provision that
makes a technical correction relating to the enhanced HIPC
initiative. The House did not address this matter.
Sec. 597. Indonesia
The conference agreement includes language, similar to a
Senate provision, which provides that International Military
Education and Training (IMET) assistance may be made available
for Indonesia if the Secretary of State determines and reports
that the Indonesian Government and Armed Forces (TNI) are
cooperating with the FBI's investigation of the August 31,
2002, murders of two American citizens and one Indonesian
citizen in Timika, Indonesia. The managers are aware that, in
the past, the TNI has not adequately cooperated with the FBI or
with other investigations of this crime. However, the managers
note that, during President Bush's trip to Indonesia in October
2003, the President and Indonesian President Megawati
Sukarnoputri jointly ``reaffirmed their shared commitment to
find the murderers and bring them to justice.'' The managers
intend that, prior to the Secretary making a determination, the
TNI will have unequivocally demonstrated its commitment to
cooperate with the FBI. The managers note that expanded IMET
assistance is already available for Indonesia without
restriction, which may include English language training.
The managers endorse language in Senate Report 108-106
regarding Indonesia.
The managers remain troubled by the situation in Aceh and
the ongoing conflict that has killed, injured and displaced
thousands of innocent civilians. The managers note that the
Indonesian Government has extended martial law for an
additional six months, but continue to believe that this
conflict will only be resolved through a political process.
The managers strongly support democracy and political
party building programs in Indonesia, and recognize that these
efforts are long-term endeavors. The managers expect sufficient
funding to be provided for democracy and political party
building activities, and request that USAID consult with the
Committees on the development of its 5-year strategy document
for that archipelago.
Sec. 598. Religious Freedom Report
The conference report includes language similar to that
proposed by the Senate providing that 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 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. The House did not address this
matter.
Sec. 599A. Delivery of Assistance by Air
The conference report includes language similar to that
proposed by the Senate that the Secretary of State and the
Administrator of USAID are directed to provide charter air
service in regions where scheduled air service is grossly
inadequate. The House did not address this matter.
Sec. 599B. Modification on Reporting Requirements
The conference report includes a modification of
reporting requirements in existing law including: sections (f)
of P.L. 106-246 (the Emergency Supplemental Act, 2000) to
change the monthly reporting requirement on Plan Colombia into
a quarterly report, and by specifying that this report should
be submitted to ``the appropriate congressional committees'',
not ``Congress''; section 3204(e) of P.L. 106-246 to specify
that this report should be submitted to ``the appropriate
congressional committees'', not ``Congress''; and deletes the
requirement for a report from GAO pursuant to subsection (a) of
section 803 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, Appendix A of Public
Law 106-429 (as enacted by section 101(a) of such Public Law).
The House partly addressed this matter under the heading
``Andean Counterdrug Initiative'', and the Senate addressed it
in a general provision.
Sec. 599C. CPA Detailees
The conference agreement includes a provision requiring
the Office of Personnel Management to provide a report of the
number of individuals detailed from each executive agency to
the Coalition Provisional Authority in Iraq on the date of
enactment of this Act no later than February 1, 2004. The
report shall identify by agency the number of non-reimbursable
and reimbursable detailees and shall be updated on a quarterly
basis until May, 2005.
PROVISIONS NOT ADOPTED BY THE MANAGERS
The conference report does not include section 555 of the
House bill regarding ``Korean Peninsula Energy Development
Organization''. The Senate did not include this provision.
The conference report does not include section 562 of the
House bill regarding ``Procurement and Financial Management
Reform''. The Senate did not include this provision.
The conference report does not include section 571 of the
House bill and section 680 of the Senate bill regarding
``Cuba''.
The conference report does not include section 572 of the
House bill regarding ``Competition in Contracting''. This issue
was addressed in P.L. 108-106, the Fiscal Year 2004 Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan. The Senate amendment
did not address this matter.
The conference report does not include section 581 of the
House bill regarding ``Efforts by North Korea Relating to the
Proliferation of Nuclear Weapons''. The Senate amendment did
not address this matter.
The conference report does not include section 582 of the
House bill regarding the Foreign Intelligence Surveillance Act
of 1978. The Senate amendment did not address this matter.
The conference agreement does not include section 601 of
the Senate amendment regarding ``Obligations During the Last
Month of Availability.'' The House did not address this matter.
The conference agreement does not include section 606 of
the Senate amendment regarding ``Prohibition on Financing
Nuclear Goods.'' The House did not address this matter.
Although no longer carried in the Act, the managers do not
expect any funds in this Act from being used to finance the
export of nuclear equipment, fuel or technology. If funds are
used for such purposes, the managers expect these funds to be
subject to the regular notification procedures of the
Committees on Appropriations.
The conference agreement does not include section 610 of
the Senate amendment regarding ``Deobligation/Reobligation
Authority.'' The House did not address this matter.
The conference report does not include section 662 of the
Senate amendment regarding ``Enterprise Funds in the Middle
East Region''. The House did not address this matter. The
managers include a proviso under the heading ``Economic Support
Fund'' requiring that a Middle East Financing Facility or
Enterprise Fund shall be subject to the regular notification
procedures of the Committees on Appropriations. The managers
expect that, should such a Facility or Fund be established, the
Secretary of State shall certify and report to the Committees
on Appropriations prior to the obligation of any funds that:
(1) all appropriate steps have been taken to ensure that
assistance is not provided to any individual or entity that the
management of the Facility or Fund has reason to believe
advocates, plans, sponsors, or engages in, or has engaged in,
terrorist activities; (2) the Facility or Fund furthers United
States commercial interests in the region; and (3) the Facility
or Fund is managed in a fiscally responsible manner.
The conference agreement does not include Senate section
683 regarding ``American Churchwomen and Other Citizens in El
Salvador and Guatemala'' relating to the December 2, 1980
murders of four American churchwomen in El Salvador, and the
May 5, 2001 murder of Sister Barbara Ann Ford and the murders
of other American citizens in Guatemala, listed in the Senate
report, since December 1999. The managers are aware that in
amemorandum dated April 4, 2003, the U.S. Attorney General ordered the
heads of all departments and agencies to report in writing on whether
such government entity possesses information relevant to these murders,
and, if so, to set forth a written plan for expeditious review of the
information for possible release to the victims' families. Each plan is
to include an estimate of the date by which the review and possible
release of information is expected to be completed. The managers direct
the Attorney General to provide to the Committees on Appropriations,
not later than 60 days after enactment, copies of the written plans for
each such government entity and a description of progress made in
implementing such plans. The House did not address this matter.
The conference agreement does not include Senate section
686 requiring the Secretary of State to report on the status of
the Administration's strategy to address the international
coffee crisis. The managers are troubled that this strategy has
been delayed for several months and expect it to be released in
the near future. The managers note the serious impact that the
coffee crisis is having on many nations that receive U.S.
foreign assistance and endorse the Senate report language on
this issue. The House did not address this matter.
The conference agreement does not include Senate section
687 prohibiting assistance to the central Government of
Venezuela if the Secretary of State certifies that the central
Government of Venezuela is assisting, harboring or providing
sanctuary for Colombian terrorist organizations. The managers
request the Secretary of State to provide to the Committees, in
a classified form if necessary, not later than 90 days after
the enactment of this Act, (1) a description of specific
actions taken by the Government of Venezuela to cooperate with
the Government of Colombia on counter drug matters, and (2) a
description of the extent to which, if any, the Government of
Venezuela has supported or assisted groups designated as
terrorist organizations in Colombia.
The conference agreement does not include section 689 of
the Senate amendment that provides that funds appropriated by
this Act that are available for the central Government of
Thailand may be made available if the Secretary of State
determines and reports to the Committees that, among other
actions, the Thai Government supports the advancement of
democracy in Burma and is not hampering the delivery of
humanitarian assistance to people in Thailand who have fled
Burma. The managers provide $5,000,000 to USAID to address the
plight of Burmese in Thailand. The managers remain concerned by
Thailand's continued engagement with the repressive Burmese
junta, including recent pledges to set aside differences to
promote economic cooperation. The managers view such actions as
contrary to furthering the struggle of democracy inside Burma.
The conference agreement does not include Senate section
692 regarding ``Prohibition on Funding to Countries That Trade
in Certain Weapons with North Korea''. The House bill did not
address this matter.
The conference agreement does not include section 693 as
proposed by the Senate regarding religious tolerance in
Malaysia. However, the managers remain deeply concerned that
the inaccurate and anti-Semitic comments of the former
Malaysian Prime Minister may fuel religious intolerance
throughout the region and provide credibility to the hateful
messages of religious extremists in Malaysia, Indonesia and
elsewhere. The managers understand that the views of the former
Prime Minister, who retired on October 31, 2003 do not reflect
those of all Malaysians, including the country's new
leadership. The House bill did not address this matter.
The conference agreement does not include Senate section
699A regarding a ``Report on Sierra Leone''. The House did not
address this matter. The managers intend that the Administrator
of USAID submit a report to the Committees on Appropriations,
no later than 6 months after enactment, on the feasibility of
establishing a United States mission in Sierra Leone.
The conference agreement does not include Senate section
699B regarding a ``Report on Somalia''. However, the managers
expect that not later than 6 months after enactment the
Secretary of State will submit a report to the Committees on
Appropriations, describing a strategy for engaging with
competent and responsible authorities and organizations within
Somalia, including those in Somaliland, to strengthen local
capacity and establish incentives for communities to seek
stability. The report is also to include a multi-year strategy
for: increasing access to basic education and health care
services; supporting efforts to establish systems for effective
regulation and monitoring of Somali hawala or informal banking
establishments; and supporting initiatives to rehabilitate the
livestock export sector in Somalia. The House did not address
this matter.
The conference agreement does not include Senate section
699D regarding a ``Guinea Worm Eradication Program''. This
matter is addressed under the heading ``Child Survival and
Health Programs Fund''. The House did not address this matter.
While the conference agreement does not include Senate
section 699E expressing the sense of Congress on certain issues
relating to Iran, themanagers support this language and remain
gravely concerned with the Government of Iran's authoritarian and
repressive rule, its development of nuclear weapons and their delivery
systems, and support for terrorists and other undesirable elements that
may undermine reconstruction efforts in Iraq. The House did not address
this matter.
The conference agreement does not include Senate section
699G that earmarked $7,000,000 in ``Transition Initiatives''
funds for democracy-building efforts in Cuba. However, the
managers recommend $7,000,000 under ``Economic Support Fund''
for democracy-building efforts for Cuba supported by USAID
including through published and informational material,
assistance to victims of political repression and their
families, support for democratic and human rights groups in
Cuba, and support for independent international human rights
monitors in Cuba. The conferees expect that, to the maximum
extent possible, organizations implementing these programs for
Cuba will be selected on a competitive basis.
The conference report does not include Senate section
699H concerning the development of justice and reconciliation
mechanisms in Central Africa. This issue is addressed under the
``Economic Support Fund'' heading.
The conference agreement does not include section 699I of
the Senate amendment calling for the Global AIDS Coordinator to
make publicly available prices paid to purchase HIV/AIDS
pharmaceuticals, antiviral therapies, diagnostic and monitoring
tests, and other appropriate medicines, including medicines to
treat opportunistic infections, for the treatment of people
with HIV/AIDS and the prevention of mother-to-child
transmission of HIV/AIDS in developing countries, through the
use of funds appropriated under this Act and, to the extent
available, by the World Health Organization and the Global Fund
to Fight AIDS, Tuberculosis, and Malaria. However, the managers
direct the AIDS Coordinator to make this information publicly
available, including through posting on Internet web sites
maintained by the Coordinator, beginning not later than 60 days
after enactment of the Act.
The conference agreement does not include section 699K of
the Senate amendment adding an additional $289,000,000 to the
Global AIDS Initiative account. Additional funding for HIV/
AIDS, tuberculosis and malaria is contained under the heading
``Child Survival and Health Programs Fund'' and ``Global HIV/
AIDS Initiative''.
The conference agreement does not include section 699L of
the Senate amendment regarding ``International Military
Training Assistance For Indonesia''. This matter is addressed
in section 597 of the conference report. The House did not
address this matter.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2004 recommended by the Committee of Conference,
with comparisons to the fiscal year 2003 amount, the 2004
budget estimates, and the House and Senate bills for 2004
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2003... $23,718,563
Budget estimates of new (obligational) authority, fiscal
year 2004........................................... 18,932,588
House bill, fiscal year 2004............................ 17,163,255
Senate bill, fiscal year 2004........................... 18,425,859
Conference agreement, fiscal year 2004.................. 17,258,859
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2003.............................................. -6,459,704
Budget estimates of new (obligational) authority,
fiscal year 2004.................................. -1,673,729
House bill, fiscal year 2004........................ +95,604
Senate bill, fiscal year 2004....................... -1,167,000
DIVISION E--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
EDUCATION, AND RELATED AGENCIES APPROPRIATIONS 2004
In implementing this agreement, the Departments and
agencies should be guided by the language and instructions set
forth in House Report 108-188 and Senate Report 108-81
accompanying the bill, H.R. 2660.
In the cases where the language and instructions in
either report specifically address the allocation of funds,
each has been reviewed by the conferees and those that are
jointly concurred in have been endorsed in this joint
statement.
The conferees direct that the Departments and agencies
funded through this Division make a written request to the
chairmen of the Committees prior to the reprogramming of funds
in excess of 10 percent, or $500,000, whichever is less,
between programs, activities, or elements unless an alternate
amount for the agency in question is specified elsewhere in
Division E of this Statement. The conferees further agree that
a reprogramming request is required for actions involving less
than the above-mentioned amounts if such actions would have the
effect of changing an agency's funding requirements in future
years or if the action can be construed to be the initiation of
a new program.
The conferees reiterate that the Committees be notified
regarding reorganization of offices, programs, or activities
prior to the planned implementation of such reorganizations.
Finally, the conferees request that statements on the
effect of this appropriation Act be submitted to the Committees
within 60 days of enactment of this Act.
The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2004, put
in place by this resolution, incorporates the following
agreements of the managers:
TITLE I--DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
The conference agreement includes $5,160,654,000 for
training and employment services instead of $5,077,039,000 as
proposed by the House and $5,140,588,000 as proposed by the
Senate. Of the amount appropriated, $2,463,000,000 is an
advance appropriation for fiscal year 2004, as proposed by the
House and the Senate.
The conference agreement includes $1,456,760,000 for the
Dislocated Worker program as proposed by the Senate instead of
$1,461,760,000 as proposed by the House. The conferees override
the formula that provides that 80 percent of the funds provided
will be used for State formula grants and 20 percent for
National Emergency Grants, providing $1,180,152,000 for the
States and $276,608,000 for the National Reserve.
The conference agreement includes bill language giving
the Secretary of Labor authority to use dislocated worker
national reserve funds to provide assistance to a State for
statewide or local use in order to address cases where there
have been worker dislocations across multiple sectors or across
multiple local areas. The conferees urge the Secretary, when
determining competitive awards under this authority, to give
favorable consideration to the applications of assistance to
States that have sustained worker dislocation in such a manner
and can demonstrate the capacity to respond effectively in a
coordinated fashion across multiple sectors or local areas.
The conference agreement includes $55,000,000 for Native
Americans as proposed by the House instead of $55,636,000 as
proposed by the Senate.
The conference agreement includes $77,330,000 for
activities authorized under Section 167 of the Workforce
Investment Act, reflected in two separate line items on the
table accompanying the Conference Report: `Migrant and Seasonal
Farmworkers' and `National Activities/Other'. Under the Migrant
and Seasonal Farmworkers line item, the agreement provides
$76,823,000. The conference agreement includes bill language
directing that $4,610,000 of this amount be used for migrant
and seasonal farmworker housing grants; the conference
agreement includes language further directing that not less
than 70 percent of this amount be used for permanent housing
grants.
Within the National Activities/Other line item, the
conference agreement includes $507,000 to be used for Section
167 training, technical assistance and related activities,
including continuing funding for migrant rest center activities
at the current level.
The conference agreement includes $1,546,216,000 for Job
Corps. Within the total, $1,416,000,000 is provided for
continuing operations of the program and $130,216,000 is for
renovation and construction of Job Corps centers.
The conferees recognize that New Hampshire is one of only
two States in the Nation without a Job Corps Center and that it
desires to open a center in the State. The conferees intend to
begin providing funding for at least one new Job Corps Center
in fiscal year 2005 and expect the Department of Labor to give
priority consideration to applications fromStates currently
without a Job Corps Center. Further, the conferees direct the
Department of Labor to provide technical assistance to the State of New
Hampshire to identify one or more sites that would be suitable for
consideration for future expansion of Job Corps.
The conferees also note that the Job Corps network
currently includes at least 5 existing satellite centers. The
conferees are aware of entities in Iowa and other States
working with local Job Corps sites to replicate this model. The
conferees believe this is a low-cost option to expand the
existing network and urge the Secretary to assist in the
planning of new satellite centers. The Secretary shall issue a
report no later than August 31, 2004 identifying the barriers
experienced by the existing Centers and a comprehensive plan
for expanding the satellite concept.
The conferees commend Job Corps for its recent efforts to
increase opportunities for participants to earn a high school
diploma through the establishment of its High School Diploma
Initiative (HSDI). While Job Corps' success rate to date is
encouraging, significant obstacles at the State and local
levels make it extremely difficult for the program to ensure
that all participants, regardless of center location, have
access to the opportunity to obtain a high school diploma. The
conferees urge the Department of Labor, in consultation with
the Department of Education, States, and local educational
agencies to examine obstacles to Job Corps' participants'
ability to earn and receive high school diplomas from a local
educational agency.
As expressed in the 2003 statement of the managers, the
conferees remain concerned with the lack of information
provided regarding the performance and operation of the
Workforce Investment Act. Further, the conferees remain
concerned that States and local workforce investment areas lack
the technology to comply with the basic performance reporting
and operational requirements of WIA. Therefore, the conferees
recommend that the Secretary provide States and local workforce
investment areas funding to develop technology and determine
its benefit to the WIA system.
The conferees take note of the recent plant closure
announcements in Lorain, Ohio and direct the Secretary of Labor
to give favorable consideration to the application to continue
and expand support for job training, workforce and economic
development initiatives implemented and delivered by Lorain
County Community College at the same commitment level
established in the original agreement entered into in 2000.
The conferees are impressed with the Labor Department's
partnership with the Council for Adult and Experiential
Learning to creatively address the Nation's shortage of nurses.
The Employment and Training Administration pilot program will
allow CAEL and health care partners in five cities to increase
the number of Certified Nurses Aides, Licensed Practical Nurses
and Registered Nurses.
With respect to the projects listed below for pilots and
demonstrations, the conferees encourage the Department to
ensure that these projects are coordinated with local Workforce
Investment Boards. The conferees also encourage the Department
to ensure that project performance is adequately documented and
evaluated. The conference agreement includes the following
amounts for the following projects and activities:
American Federation for the Blind for the Technology and
Employment Center in Huntington, West Virginia...... $1,000,000
American Indian Science and Engineering Society to
provide the Rural Computer Utilization Training
Program to indigenous populations in Hawaii......... 50,000
Antelope Valley Community College District, Lancaster,
California, to provide upgrade training for new
hires, incumbent and dislocated aerospace workers... 100,000
Aurora Hispanic Chamber of Commerce and Waubonsee
Community College, Aurora, Illinois, for Core Four
Business Planning course for business training for
existing business owners to expand and
entrepreneurial training for new businesses......... 175,000
Bay Area Community Health Partnership, Green Bay, WI,
for nurse training programs......................... 350,000
Blackhawk Technical College, in Janesville, WI, to
provide job training and upgrade workers'
manufacturing skills................................ 300,000
Boro Park Jewish Community Council, Brooklyn, NY, to
develop a Comprehensive Employment Program.......... 100,000
Building and Supporting Entrepreneurship of Southeast
Lancaster, Lancaster, PA (BASE, Inc.) to expand
educational and employment services training to out-
of-school, adjudicated youth........................ 100,000
California State University, Chico, for plastic molding
machines in the Engineering School Plastics
Laboratory in order to provide students with
technological training to prepare them for careers
in California....................................... 500,000
Career Academy, Louisville, KY, for youth education and
workforce development programming................... 170,000
Central Alabama Community College, Alexander City, AL,
Entrepreneurial Center, to assist displaced workers
by providing specialized training and other needed
resources to foster the growth of business.......... 200,000
Central Iowa Employment & Training Consortium for a
resource center for disabled and disadvantaged
individuals......................................... 600,000
City of Jackson, TN, Disability Training Program........ 200,000
City of Jackson, MS, for Jackson Transition Job Project
for the Homeless.................................... 120,000
City of Sacramento, CA, Sacramento Housing and
Redevelopment Agency to provide a summer youth
employment program.................................. 100,000
City of Suffolk, Virginia, for a feasibility study of
establishing Suffolk Workforce Development Center... 250,000
Closing The Gap, Lansing, MI, for technology
enhancements........................................ 105,000
Collegiate Consortium for Workforce and Economic
Development, Philadelphia, PA, for workforce
development and training............................ 250,000
Columbus State Community College, Columbus, OH, for the
creation of an Integrated Systems Technology
training program.................................... 400,000
Community College of Allegheny County, Pittsburgh, PA,
to address unemployment and underemployment demands
for heath care professionals........................ 150,000
Covenant House Pennsylvania, Philadelphia, PA........... 75,000
Delaware Valley Industrial Resource Center,
Philadelphia, PA, to perform a pilot project that
will provide job training for small manufacturers
and report its lessons for national implementation.. 100,000
Delta Council, MS, Delta Center for Career and Workforce
Education........................................... 500,000
Des Moines Area Community College, IA, to continue the
establishment of a Career Technology Center......... 200,000
Experience Works, Beaverton, Oregon, for the Rural
Revitalization Through Technology Initiative........ 25,000
Ferris State University, Big Rapids, MI, to update
equipment, staffing and to expand nationwide
outreach for recruiting, articulation and continuing
education........................................... 300,000
Florida Institute of Technology, Melbourne, FL, for the
development of a program to assist small businesses
in competing for government contracts............... 1,550,000
Gadsden State Community College Gadsden, AL, for the
Workforce Development Program in Calhoun County..... 200,000
Gateway Technical College, Kenosha, WI.................. 500,000
Hawaii Community Foundation for the Samoan/Asian Pacific
Job Training Program................................ 500,000
Heartbeats to the City, Inc., Canton, OH, for urban
youth training...................................... 28,000
Hispanic/Latino Center Inc., Pittsburgh, PA, to provide
workplace readiness and job skill training targeted
to Hispanic workers, so that they can access job
opportunities in Southwestern Pennsylvania.......... 50,000
House of Healing, Erie, PA, to provide rehabilitation
work training and employment........................ 25,000
Idaho Women Work!, to implement the Recruiting for the
Information Technology Age (RITA) initiative in
Idaho............................................... 100,000
Institute for Cultural Partnerships, Harrisburg, PA, to
provide for a ``New Americans'' Regional Center,
which will include employment and legal assistance
for immigrants...................................... 25,000
Institute of Retraining of Dislocated Workers,
Southwestern Oregon Community College, Coos Bay, OR,
to augment college programs in providing training
and retraining to the unemployed, but especially
older dislocated workers............................ 25,000
InterTribal Bison Cooperative in Rapid City, SD for
member training..................................... 100,000
Iowa Central Community College, Fort Dodge, IA, for
vocational training................................. 250,000
Iowa Valley Community College District, Marshalltown,
IA, for a community outreach and training center.... 100,000
Jewish Healthcare Foundation, Pittsburgh, PA, to develop
and share the best practices in health workforce
recruitment, development, and retention............. 100,000
Jobs for America's Graduates, Alexandria, VA, for a
school-to-career program............................ 1,000,000
La Casa de Esperanza, Inc., Waukesha, WI, for
weatherization training............................. 165,000
Lake County, IL, for a summer youth employment program.. 200,000
Lawrence County Economic Development Office, PA, to
provide for the development of a vocational center
to train employees for jobs in high technology
manufacturing industries............................ 50,000
Lawson State Community College, Infrastructure and
Technology Enhancements IT Training and Placement
Center to expand training services for students and
adult education applicants.......................... 100,000
Life Steps Foundation, Inc., Arroyo Grande, CA, for
establishment of the Life Steps Foundation Rural
Computer Utilization and Job Skills Training Program 250,000
Links to Individuals For Empowerment, Philadelphia, PA,
to assist ex-offenders as they transition back into
society with employment training skills............. 100,000
Louisiana National Guard Military Department, New
Orleans, LA, for the Military Educational Training
Enhancement Fund/Job Challenge Program.............. 72,000
Maine Manufacturing Extension Project, Augusta, ME: For
the Rapid Mobilization of New England Manufacturing
Supply Chain, to provide training to the
manufacturing workforce............................. 400,000
Martha's Village and Kitchen, Indio, CA, for operational
expenses............................................ 250,000
Maui Community College for the Remote Rural Hawaii Job
Program............................................. 1,500,000
Maui Economic Development Board for the Maui High
Technical program to get women into the technology
fields.............................................. 300,000
Maui Economic Development Board for the Rural Computer
Utilization Training Program........................ 300,000
Medina Works, Medina, OH, for a Building Trades
Initiative--Wayne Ashland, Medina................... 450,000
Medina Works, Medina, OH, for healthcare professionals
workforce development............................... 220,000
Metropolitan Career Center, Philadelphia, PA, to provide
job readiness training for low-income and unemployed
men and women....................................... 50,000
Millinocket Area Growth and Investment Council (MAGIC),
East Millinocket, ME: Project would survey area
alumni to determine factors related to out-migration
in rural areas throughout the State of Maine........ 200,000
Mississippi State University, for Robotics and Automated
Systems for Nursery Industry........................ 500,000
National Center for Manufacturing Sciences, Ann Arbor,
MI.................................................. 400,000
National Restaurant Association Educational Foundation,
for the ProStart Institute Program.................. 150,000
New Mexico Retail Association, Albuquerque, NM, to
improve opportunities for students and out-of-school
youth to successfully transition to post-secondary
education and/or training careers................... 220,000
Northern Great Plains Incorporated for a workforce study
and coordination related to the Red River Valley
Research Corridor................................... 50,000
Northwest Pennsylvania Industrial Resource Center, Erie,
PA, to develop a skills standards-based assessment
and certification system, which will include
workforce training and development, that meets the
needs of the Pennsylvania manufacturing community... 100,000
Nueva Esperanza CareerLink Center, Philadelphia, PA, to
provide information on job training and literacy
classes, assistance with resume preparation, skill
and aptitude assessment, and job vacancy
announcements....................................... 100,000
Oklahoma Military Department, Oklahoma National Guard
Youth Programs Division for the Thunderbird Trades
Academy............................................. 100,000
Opportunities Industrialization Centers International,
Philadelphia, PA, to provide technical assistance
and resources to its national affiliates to increase
their capacity to provide training to the unemployed
and underemployed in the hospitality sector......... 225,000
Opportunity, Inc., Highland Park, IL, for the
Handicapable employees program...................... 100,000
People's Emergency Center, Philadelphia, PA, to provide
workforce preparation and training to homeless
mothers to foster economic, emotional, and family
stability in their lives............................ 100,000
Peoria NEXT initiative for training in bioscience and
biotechnology industries, IL........................ 200,000
Philadelphia Area Immigration Resource Center,
Philadelphia, PA, to provide employment and legal
assistance for immigrants in Southeastern
Pennsylvania........................................ 75,000
Philadelphia Housing Authority to provide workforce
training at the Philadelphia Housing Authorities'
Workforce Development Center to prepare residents
for careers in the building trades.................. 50,000
Philadelphia Industrial Development Center to support
job training and workforce development in the
manufacturing sectors within Philadelphia........... 50,000
Potter County Educational Council, Coudersport, PA, for
Opportunity Knocks program to assist single parents,
teen parents, and homemakers in acquiring skills
needed to enter the workforce....................... 100,000
Pride Industries, Rosedale, CA, to create long-term jobs
for persons with disabilities and other barriers to
employment.......................................... 250,000
Private Industry Council of Westmoreland, Greensburg,
PA, to use a computer-based assessment system to
assist job seekers, including Welfare to Work
clients............................................. 50,000
Project One, Louisville, KY, for employment program..... 25,000
Reading-Berks Emergency Shelter, Reading, PA, to provide
job readiness skills to employ individuals.......... 50,000
Reinvestment Fund, Philadelphia, PA, to expand its
workforce pilot program............................. 250,000
Residential Care Consortium, Easton, PA, to help
troubled teens transition into society by providing
housing, education and counseling................... 550,000
Riverside Center for Innovation, Pittsburgh, PA, for
programs which are helping small businesses and
start-ups in Allegheny County....................... 100,000
San Diego Workforce Partnership, San Diego, CA, to
enhance the Workforce Partnership's English as a
Second Language programs............................ 125,000
Seattle STRIVE to provide job readiness skills to hard-
to-employ individuals............................... 100,000
Second Chance Employment Services, Washington, DC, for a
demonstration program to help at-risk women and
victims of abuse obtain long-term jobs.............. 150,000
Sephardic Bikur Holim Career and Employment Training in
Brooklyn, NY........................................ 100,000
Shelton State Community College, Electronic and
Technical Training, to continue advanced training
program and to provide for procurement of software
and curriculum development to meet growing industry
needs in Alabama.................................... 100,000
Southern Star Development Corporation, Louisville, KY... 20,000
SUNY College of Environmental Science and Forestry,
Syracuse, NY, for technical education and job
training component of the SPARE program............. 100,000
The Joblinks program for continuation costs............. 500,000
Tides Center of Western Pennsylvania, for Keys2Work
Program............................................. 150,000
Tioga County Development Corporation, Wellsboro, PA, to
assist employers in certification training program
for their workforce in a variety of production and
operations procedures............................... 150,000
Transit Technology Career Ladder Partnership, Silver
Spring, MD, to provide for a joint labor-management
initiative developed by the Community Transportation
Development Center focusing on bus mechanics, rail
car mechanics, and underground power systems........ 100,000
Tri-State University in Angola, IN, for the Center for
Technology and On-Line Resources.................... 50,000
United Way of Dane County, Madison, WI, for computer
training at the Vera Court Neighborhood Center...... 35,000
University of Alabama in Huntsville to establish the
necessary infrastructure for a Southeast Automotive
Transportation Lean Manufacturing Initiative to
support the expanding automotive industry in Alabama 200,000
University of Dayton for the Shared Corporate University
and manufacturer's Business Utility programs for e-
learning and e-training packages.................... 300,000
University of Hawaii at Maui for training and education
opportunities for Hawaiians living in rural areas... 1,800,000
University of Idaho to continue and expand the
Alternative Careers for Idaho Farmers (ACIF), to
help those dislocated from agriculture to make the
difficult shift to an alternative career............ 850,000
University of Northern Iowa Immigration Services for
Iowa Communities.................................... 259,000
University of the Pacific, Stockton, CA, for operating
funds for a Business Forecasting Center............. 500,000
University of Toledo for the Center for Capacity-
Building in Construction for Disadvantaged Business
Enterprises and Workers program to increase the
supply of historically disadvantaged segments of the
Northeast Ohio workforce............................ 300,000
Vermont Child Care Industry and Careers Council for a
Childcare Apprenticeship Project.................... 300,000
Vermont Technical College in Randolph, VT, to develop
workforce investment strategies that best fit the
business needs of the State......................... 600,000
Washington Workforce Association for the In-Demand
Scholars program.................................... 400,000
Wisconsin Network for Women and Work, Janesville, WI,
for Information Technology training................. 100,000
Women Work--RITA (Recruiting for the Information
Technology Age), PA, for workforce training and
development for women in the information technology
sector.............................................. 50,000
Work, Achievement, Values, and Education, Washington,
DC, to provide workforce training programs for those
that face a life of chronic unemployment............ 50,000
Workforce Investment Board for Aroostook and Washington
Counties, Caribou, ME, for career training via the
Northern Maine Healthcare Sector Group Training
Project............................................. 250,000
Wrightco Technologies, Claysburg, PA, for programs in
technical training school........................... 200,000
YWCA of Bucks County, Trevose, PA, to continue the
Employment Training Program......................... 100,000
YWCA of Madison, Inc., Madison, WI, for a Certified
Nursing Assistant training program for low-income
individuals......................................... 30,000
Community Service Employment for Older Americans
The conference agreement appropriates $441,253,000 for
Community Service Employment for Older Americans, instead of
$440,200,000 as proposed by the House and $442,306,000 as
proposed by the Senate.
Federal Unemployment and Benefits Allowances
The conference agreement includes a technical correction
to both House and Senate Trade Act language to clarify that
amounts needed to pay benefits under the Alternative Trade
Adjustment Assistance program are included in the
appropriation. The conference agreement includes $7,000,000 for
the State of Alaska for training of displaced workers who can
no longer earn a living in industries adversely affected by
foreign trade.
State Unemployment Insurance and Employment Services Operations
The conference agreement appropriates $3,609,381,000 for
State Unemployment Insurance and Employment Service Operations,
instead of $3,615,381,000 as proposed by the House and
$3,620,552,000 as proposed by the Senate.
The conferees expect the Department of Labor to continue
to allocate fiscal year 2004 funds for the Workforce
Information Core Products and Services through formula grants
to the States.
The conferees urge the Department of Labor to study the
impact of using alternate criteria for the allotment of grants
to States for the administration of Federal and State
unemployment compensation laws. The criteria used in this study
shall include the relative proportion of unemployed individuals
in each State and the relative proportion of the total civilian
labor force in each State. The Department shall be prepared to
submit the results of this study to the Congress at the fiscal
year 2005 budget hearings. The conferees are requesting this
study in order to assess the need for a new formula so that
States are not penalized for keeping administrative costs at a
minimum through the use of technology and other innovations.
Program Administration
The conference agreement appropriates $173,644,000 for
Program Administration, instead of $172,327,000 as proposed by
the House and $178,961,000 as proposed by the Senate. The
detailed table at the end of this joint statement reflects the
activity distribution agreed to by the conferees.
Employee Benefits Security Administration
The conference agreement appropriates $124,962,000 for
the Employee Benefits Security Administration, instead of
$128,605,000 as proposed by the House and $121,316,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
Employment Standards Administration
SALARIES AND EXPENSES
The conference agreement appropriates $394,908,000 for
the Employment Standards Administration, salaries and expenses,
instead of $397,753,000 as proposed by the House and
$392,061,000 as proposed by the Senate. The detailed table at
the end of this joint statement reflects the activity
distribution agreed to by the conferees.
On October 3, 2003, the Department of Labor published a
final rule on union reporting and disclosure under the Labor
Management Reporting and Disclosure Act (LMRDA). The conferees
are concerned that the Department has not yet produced the
electronic LM-2 software that it will require unions to use and
has not yet produced to unions the software necessary for
unions to export data from their newly revised accounting and
record-keeping systems to the new electronic LM-2 forms. The
conferees therefore urge that the Department make available
this software as expeditiously as possible to determine whether
this software, together with union accounting and record-
keeping systems, will actually work as is intended and
designed.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $460,786,000 for the
Occupational Safety and Health Administration instead of
$450,008,000 as proposed by the House bill and $463,324,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
Within the total, $3,200,000 is to be used to extend
funding for Institutional Competency training grants provided
that the grantee has demonstrated satisfactory performance.
Mine Safety and Health Administration
SALARIES AND EXPENSES
The conference agreement includes $270,826,000 for the
Mine Safety and Health Administration instead of $266,767,000
as proposed by the House bill and $270,711,000 as proposed by
the Senate. The detailed table at the end of this joint
statement reflects the activity distribution agreed to by the
conferees.
Within the total, the conference agreement includes
$2,000,000 to be available for mine rescue and recovery
activities on a non-contingency basis as proposed by the
Senate.
The conferees are concerned about recent GAO findings
that raise serious questions about the quality of enforcement
of the Mine Act by MSHA. Specifically, the conferees are
concerned that MSHA is experiencing staffing and informational
systems problems that hinder its ability to fulfill its
inspection and investigation obligations. The conferees expect
MSHA to develop an agency-wide human capital plan to address
current and future inspector shortages, including recruiting
and training needs. The conferees also expect the agency to
develop a comprehensive plan to address information technology
needs regarding injury rates, accident investigations, and
timely inspections, including the collection of contractor
data.
The conference agreement includes the following amounts
for the following projects and activities:
National Technology Transfer Center for a coal slurry
impoundment pilot project in Southern West Virginia. $1,000,000
Stolar Research Corporation to further develop and
demonstrate electromagnetic wave detection
technology associated with drill string radar to
prevent mine flooding incidents..................... 100,000
Bureau of Labor Statistics
SALARIES AND EXPENSES
The conference agreement includes $522,198,000 for the
Bureau of Labor Statistics instead of $512,262,000 as provided
by the House bill and $520,223,000 by the Senate. The detailed
table at the end of this joint statement reflects the activity
distribution agreed to by the conferees.
Within the total for the Employment and Unemployment
Statistics activity, $5,000,000 is for the Mass Layoff
Statistics program. Similar language was included in the Senate
bill.
Office of Disability Employment Policy
SALARIES AND EXPENSES
The conferees have included $2,500,000 within the Office
of Disability Employment Policy to continue the telework
efforts already initiated by ODEP. This can include expansion
of pilot programs already underway and/or initiation of new
telework pilots. ODEP should proceed in an expeditious manner
to create telework positions in cooperation with Federal and
State agencies. Priority should be given to strategies judged
likely to yield the largest numbers of telework positions for
people with disabilities.
The conferees have included sufficient funds to continue
the structured internship program for undergraduate college
students with disabilities.
Departmental Management
SALARIES AND EXPENSES
The conference agreement includes $352,830,000 for
Departmental Management, salaries and expenses, instead of
$253,018,000 as proposed by the House bill and $351,609,000 as
proposed by the Senate. The detailed table at the end of this
joint statement reflects the activity distribution agreed to by
the conferees.
The conference agreement includes $110,650,000 for the
Bureau of International Labor Affairs (ILAB). Within the total
provided, $82,000,000 is to assist developing countries with
the elimination of child labor. Of this amount, $45,000,000 is
for the International Labor Organization's International
Programme for the Elimination of Child Labor. In addition,
$37,000,000 is provided for bilateral assistance, made
available through September 30, 2004, to improve access to
basic education in international areas with a high rate of
abusive and exploitative child labor. The conference agreement
further includes $2,500,000 for bilateral and multilateral
technical assistance, to be used to promote the International
Labor Organization's Declaration of Fundamental Principles and
Rights at Work. Given the increasing focus on the social impact
of globalization, the U.S. Government has an interest in
assisting nations who want to develop and/or implement core
labor standards, including the right of free association. The
conference agreement includes $5,000,000 for ILAB to build its
own permanent capacity to monitor and report regularly and in-
depth to the Congress on the extent to which foreign countries
with trade and investment agreements with the United States
respect internationally-recognized worker rights and
effectively promote core labor standards. The conference
agreement also includes $11,000,000 for Federal administration
and other ILAB programs.
The conference agreement includes $10,000,000 for the
purpose of assisting the International Labor Organization in
implementing a program to confront HIV/AIDS in the workplace.
The primary purpose of this program shall be to promote
workplace policies which combat HIV-related stigma and
discrimination, and promote prevention on the basis of
tripartite partnerships among workers, employers and
governments around the world. The conferees direct that the
Secretary shall designate a full-time coordinator to oversee
these efforts and coordinate with the various agencies
conducting international HIV/AIDS programs. The conferees
further direct that the Secretary submit a report to the
Committees by August 31, 2004detailing the challenges faced and
progress made in implementing anti-discrimination policies in each of
the countries that are engaged by this effort.
The conference agreement includes the following amount
for the following project:
International Center on Child Labor and Education....... $150,000
The conferees strongly support the Buy American Act,
which was enacted in 1933 to ensure that the Federal government
supports domestic companies and domestic workers by buying
American-made goods. The Act includes a number of waiver
provisions that allow Federal agencies to buy foreign goods in
some circumstances, but there is little disclosure or
accountability in the waiver process. The conferees, therefore,
direct the Secretary to issue a report not later than 60 days
after the last day of fiscal year 2004 on the amount of
acquisitions made by the Department during such fiscal year of
articles, materials, or supplies that were manufactured outside
the United States. Such report shall separately indicate the
dollar value of any articles, materials, or supplies purchased
by the department that were manufactured outside the United
States, an itemized list of all waivers under the Buy American
Act (41 U.S.C. 10a et seq.) that were granted with respect to
such articles, materials, or supplies, and a summary of total
procurement funds spent on goods manufactured in the United
States versus funds spent on goods manufactured outside of the
United States.
Veterans Employment and Training
The detailed table at the end of this joint statement
reflects the activity distribution agreed to by the conferees.
Within the total, the conferees have provided $162,415,000 for
State administration as proposed by the House instead of
breaking this funding between Disabled Veterans Outreach and
Local Veterans Employment as proposed by the Senate.
Working Capital Fund
The conference agreement includes $13,850,000 for the
Working Capital Fund, instead of $18,000,000 as proposed by the
House bill and $9,700,000 as proposed by the Senate.
GENERAL PROVISIONS
Executive Order 13126
The conference agreement includes a provision proposed by
the Senate that none of the funds appropriated in this Act
shall be obligated or expended for the procurement of goods
produced by forced or indentured child labor. The House bill
contained no similar provision.
Denali Commission
The conference agreement includes a provision proposed by
the Senate that authorizes to be appropriated such sums as may
be necessary to the Denali Commission to conduct job training
where Denali Commission projects will be constructed. The House
bill contained no similar provision.
Welfare-to-Work
The conference agreement modifies a provision proposed by
the Senate that rescinds funds appropriated for fiscal year
1999 for the welfare-to-work program. The conference agreement
rescinds any amounts allotted to the States from funds
appropriated for fiscal year 1999 for the Welfare-to-Work
program that are unexpended as of the date of enactment of the
section, except for certain close out costs. Unexpended funds
would consist of funds allotted to the States that are
unobligated by the States, or obligated by the States, but not
expended. Only funds to pay for goods and services that have
already been provided as of the date of enactment are generally
considered expended. Grantees would be required to terminate
any agreements providing for the provision of goods and
services beginning after the date of enactment unless
alternative funding sources are identified.
Since this rescission would accelerate the termination of
the Welfare-to-Work grants to the States that are all due to
expire during fiscal year 2004, the provision does not rescind
funds that the Secretary of Labor determines are necessary for
the States to carry out administrative activities relating to
closeout. Such costs could include such items as penalties for
early termination of leases, and personnel costs relating to
the final reporting and closeout of grant activities. Authority
is also provided in this provision for the Secretary of Labor
to take necessary actions to facilitate the orderly and
equitable closeout of the State grants, notwithstanding the
programmatic requirements of the Welfare-to-Work program.
The conferees expect the Employment and Training
Administration to assist States in establishing a transition
process to help the remaining welfare-to-work participants
easily and seamlessly assimilate into Workforce Investment Act
programs that allow them to continue to receive assistance.
Overtime Regulation
The conference agreement deletes without prejudice
language proposed by the Senate that none of the funds
appropriated in this Act shall be used to promulgate or
implement any regulation that exempts employeesfrom the Fair
Labor Standards Act of 1938. The House did not include this provision.
ETA Office Closings
The conference agreement deletes without prejudice
language proposed by the Senate that the Secretary shall cease
closing ETA regional offices. The House bill contained no
similar provision.
The conferees remain concerned about the Department's
regional office reorganization. The conferees, therefore, urge
the Department to maintain the current office structure of the
Employment and Training Administration Offices.
Personal Dust Monitors
The conference agreement includes language proposed by
the Senate that the Secretary shall re-propose a rule on
respirable coal dust following the successful demonstration of
personal dust monitors. The House bill contained no similar
provision.
Hamilton County One Stop Center
The conference agreement includes a provision
transferring all federal interest in a State of Ohio Employment
Services Office to Hamilton County, Ohio.
New Entrants
The conference agreement includes a provision to permit
youth, ages 14 through 17, who by statute or judicial order are
exempt from compulsory school attendance beyond the eighth
grade, to work inside or outside places of business where
machinery is used to process wood products. The youth would be
permitted to perform activities such as sweeping, stacking
wood, and writing orders. Safety provisions include prohibiting
the youth from operating machinery, and requiring the use of
eye and body protections.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
HEALTH RESOURCES AND SERVICES
The conference agreement includes $6,727,937,000 for
health resources and services, of which $6,698,437,000 is
provided as budget authority and $29,500,000 is made available
from the Public Health Service policy evaluation set-aside,
instead of $6,252,256,000 as proposed by the House and
$5,964,824,000 as proposed by the Senate.
The conference agreement includes two technical bill
language citations for sections 510 and 711 of the Social
Security Act. Section 510 had not been included in the House
bill; section 711 had not been included in the Senate bill.
The conference agreement includes bill language that was
not included in either House or Senate bill providing
$367,563,000 for construction and renovation (including
equipment) of health care and other facilities, abstinence
education, related services and other health-related
activities. These funds are to be used for the following
projects:
10/33 Ambulance Service, Ltd., Spring Valley, IL........ $75,000
19th Judicial District Drug Court, Baton Rouge, LA, for
the Earl K. Long Hospital........................... 72,000
Aberdeen Area Tribal Chairmen's Health Board in Rapid
City, South Dakota for Northern Plains Healthy Start 400,000
Achievement Centers for Children, Cleveland, OH......... 200,000
Adirondack Medical Center, Saranac Lake, NY............. 200,000
Advanced Technology Institute, North Charleston, SC..... 200,000
Akron Children's Hospital, Akron, OH for equipment...... 970,000
Alaska Family Practice Residency Program................ 500,000
Albert Einstein Healthcare Network (AEHN), Philadelphia,
PA for construction, renovation, and equipment...... 1,000,000
Aliquippa Community Hospital, Aliquippa, PA for
construction........................................ 500,000
All Children's Hospital, Inc., St. Petersburg, FL....... 1,000,000
Alleghany Memorial Hospital, Sparta, NC................. 125,000
Allegheny General Hospital, Cardiovascular Institute,
Pittsburgh, PA for construction, renovation, and
equipment........................................... 1,000,000
Allegheny Singer Research Institute, Center for Genomic
Sciences, Pittsburgh, PA for construction,
renovation, and equipment........................... 1,000,000
Allen Memorial Hospital, Moab, UT for construction...... 100,000
Altoona Area School District, Altoona, PA, for
construction of a wellness center................... 150,000
American Museum of Natural History, New York, NY........ 500,000
American Red Cross, Frederick County Chapter,
Walkersville, MD.................................... 400,000
Appalachian Pain Foundation, Charleston, WV, for
equipment and curriculum development................ 129,000
Appalachian Regional Healthcare, Lexington, KY for
healthcare services in rural areas.................. 250,000
Arnold Palmer Hospital for Children and Women, Orlando,
FL.................................................. 550,000
Asante Health System to implement an integrated
technology system and demonstrate its impact on
rural health delivery............................... 75,000
Ashland Community Hospice, Ashland, KY for construction,
renovation, and equipment........................... 400,000
Association for Individual Development, Aurora, IL...... 3,200,000
Association for Utah Community Health, Salt Lake City,
UT to link rural, frontier and urban medically
underserved sites for telemedicine.................. 200,000
Association of Utah Community Health, Salt Lake City, UT
for equipment....................................... 1,000,000
Atlantic City Medical Center, City Division, Atlantic
City, NJ............................................ 500,000
Atlantic Health Systems/Morristown Memorial Hospital,
Florham Park, NJ.................................... 500,000
Baptist Coosa Valley Hospital, Sylacauga, AL............ 500,000
Baptist Medical Center Walker, Jasper, AL, to establish
a Thoracic Surgery program.......................... 150,000
Barnes-Jewish St. Peters Hospital, St. Peters, MO....... 200,000
Barry University, Miami, FL, for the Institute for
Community Health and Minority Medicine.............. 650,000
Bassett Healthcare, Cooperstown, NY..................... 616,000
Bay Area Medical Center Foundation, Marinette, WI....... 750,000
Bay Clinic Community Health Center, Hawaii to establish
a mental health clinic for women.................... 50,000
BayCare Health System, Clearwater, FL, for a
demonstration project to develop an electronic
medication and clinical services ordering system for
physicians.......................................... 1,000,000
Baylor College of Medicine, Houston, TX................. 750,000
Bear Lake Memorial Hospital, Montpelier, ID............. 400,000
Best Friends Foundation, Washington, DC, for abstinence
education activities................................ 50,000
Bethune Cookman College, Daytona Beach, FL.............. 500,000
Big Horn County Memorial Hospital, Hardin, MT for
construction and renovation......................... 400,000
Boone County Government Center, Columbia, MO, for
construction of a healthcare facility............... 250,000
Boston College, Chestnut Hill, MA, for renovations to
Higgins Hall medical research facilities............ 275,000
Bowling Green--Warren County Primary Care Center,
Bowling Green, KY for construction and equipment of
a new primary care facility......................... 400,000
Boys Town National Research Hospital, National Center
for Pediatric Hearing Evaluation Research and
Dissemination in Omaha, Nebraska.................... 1,000,000
Brazos Valley Family Medical Center, Bryan, TX.......... 100,000
Briar Cliff University, Sioux City, IA.................. 50,000
Broadlawns Medical Center in Des Moines, Iowa to
renovate the emergency room......................... 1,000,000
Brookville Hospital, Brookville, PA..................... 100,000
Cabot Westside Clinic, Kansas City, MO for construction. 500,000
Caldwell County Free Clinic, Murray, Kentucky, to expand
primary care services to working poor families...... 250,000
Camillus House, Inc., Miami, FL......................... 167,000
Cancer Network of West Central Ohio, Lima, OH........... 1,250,000
Canonsburg General Hospital, Canonsburg, PA............. 300,000
Cape Cod Hospital, Hyannis, MA, for pediatric center
renovation and expansion............................ 100,000
Capitol City Family Health Center, Inc., Baton Rouge, LA 71,000
Cardinal Stritch University, Milwaukee, WI to renovate
Bonaventure Hall to expand nursing education
programs............................................ 400,000
Carilion Health System, Roanoke, VA..................... 520,000
Caritas St. Elizabeth's Medical Center, Boston, MA, for
constructon of new emergency department facilities.. 450,000
Carnegie Mellon University, Pittsburgh, PA for equipment 1,000,000
Carolinas Medical Center, Trauma Intensive Care Unit,
Charlotte, NC....................................... 980,000
Carondelet Foundation of Arizona, Tucson, AZ for the
Carondelet St. Mary's Hospital...................... 800,000
Case Western Reserve University, Cleveland, OH, for a
Center for Structural Biology....................... 750,000
Case Western Reserve University, Cleveland, OH, for
Netwellness......................................... 500,000
Case Western Reserve, Cleveland, OH, for Regenerative
Medicine............................................ 500,000
Cass Medical Center, Pleasant Hill, MO for construction. 150,000
Catholic Social Services, The Bridge, Wilkes Barre, PA
for abstinence education and related services....... 46,000
Center for Emergency Preparedness, SUNY Upstate Medical
University, Syracuse, NY............................ 1,000,000
Center for Innovation in Behavioral Health at Alliant
International University, San Diego, CA............. 400,000
Center for the Disabled, Albany, NY, for a center in
Saratoga Springs.................................... 200,000
CentraCare Health Foundation, St. Cloud, MN for a nurse
training program.................................... 500,000
Central New York Ear, Nose & Throat Consultants,
Syracuse, NY........................................ 35,000
CentraState Health Care System, Freehold, NJ............ 800,000
Centre Volunteers in Medicine, State College, PA to
provide primary health care to the uninsured of
Centre County....................................... 125,000
Charles Cole Memorial Hospital, Coudersport, PA......... 100,000
Charles Drew Health Center, Inc., Omaha, NE............. 100,000
Cherry Street Health Services, Grand Rapids, MI......... 230,000
Chester County Health Department, Chester County
Government Services Center, West Chester, PA for
abstinence education and related services........... 41,000
Chicago Medical School, Northern Chicago, IL............ 250,000
Child & Family Services, Capital Area's Angel House
Project, Lansing, MI................................ 197,000
Child Neurology Society, Saint Paul, MN to encourage
health professionals to enter the practice of child
neurology........................................... 25,000
Children's Health Fund of Mississippi to provide health
care (both in a stationary clinic and a mobile van
clinic) to underprivileged children in a rural,
underserved area of the Mississippi Delta........... 400,000
Children's Hospital and Health Center, San Diego, CA.... 425,000
Children's Hospital Central California, Madera, CA...... 200,000
Children's Hospital Medical Center, Akron, OH........... 1,500,000
Children's Hospital of Philadelphia, Philadelphia, PA
for equipment....................................... 500,000
Children's Hospital of Pittsburgh, Pittsburgh, PA for
construction, renovation, and equipment............. 500,000
Children's Hospital of the King's Daughters Health
System, Inc., Norfolk, VA........................... 400,000
Children's Hospital, Columbus, OH....................... 250,000
Children's Medical Research Institute, Pediatric
Diabetes Research Program, Oklahoma City, OK........ 450,000
Children's Memorial Hospital and Children's Memorial
Institute for Education and Research, Chicago, IL
for construction, renovation, and equipment......... 125,000
Children's Memorial Hospital and Children's Memorial
Institute for Education and Research, Chicago, IL,
for a new wing...................................... 925,000
Children's Specialized Hospital, Hamilton, NJ........... 75,000
Children's Specialized Hospital, Mountainside, NJ....... 1,000,000
Children's Specialized Hospital, Mountainside, NJ, for
outpatient clinic of the Children's Specialized
Hospital in Fanwood, NJ............................. 100,000
Chippewa Valley Technical College in Eau Claire,
Wisconsin to renovate and expand the Health
Education Center.................................... 350,000
Cincinnati Children's Hospital, Cincinnati, OH for
equipment........................................... 640,000
City of Chester, Bureau of Health, SABER Project,
Chester, PA for abstinence education and related
services............................................ 105,000
City of El Paso, Texas, Border Health Medical Complex
for construction, renovation, and equipment......... 250,000
City of Homestead, Florida, for the William F. ``Bill''
Dickinson Senior Center............................. 375,000
City of Milwaukee Health Department, Milwaukee, WI for a
pilot program providing health care services to at-
risk children in day care........................... 580,000
Clackamas County Public Health Division, Oregon City,
OR, for construction and equipment.................. 50,000
Clark State Community College, Springfield, OH.......... 550,000
Clearwater Valley Hospital and Clinics, Inc., Orofino,
ID for equipment.................................... 500,000
Cleveland Clinic Foundation, Cleveland, OH, for Minority
Men's Health Center................................. 1,000,000
Cleveland Clinic Foundation, Cleveland, OH, for Heart
Center project...................................... 2,000,000
Clinton Memorial Hospital Regional Hospital, Wilmington,
OH.................................................. 700,000
Colby Community College, Colby, KS...................... 250,000
Cold Spring Harbor Laboratory in New York for a Women's
Cancer Genomics Center.............................. 1,000,000
Colorado State University, Fort Collins, CO............. 1,850,000
Commun-I-Care, Columbia, SC, to support a program that
distributes prescription drugs to low income,
uninsured South Carolinians......................... 500,000
Community College of Southern Nevada, Las Vegas, NV to
construct a new health sciences building............ 500,000
Community Free Clinic of Decatur-Morgan County, Inc.,
Decatur, AL......................................... 50,000
Community Health Access Project, Mansfield, OH, to
expand their program to assist pregnant woman....... 176,000
Community Health Centers in Iowa........................ 600,000
Community Health Centers of Colorado, Denver, CO for
renovation and construction......................... 500,000
Community Health Centers of Jefferson Parish, River
Ridge, LA........................................... 100,000
Community Health Centers of Pinellas, Inc., St.
Petersburg, FL...................................... 1,250,000
Community HealthCare Association of the Dakotas in Sioux
Falls, South Dakota to integrate information systems
of CHCs and FQHCs in the Dakotas.................... 250,000
Community Medical Center Healthcare System, Scranton, PA
for equipment....................................... 250,000
Community Memorial Hospital in Staunton, IL for
construction and equipment.......................... 150,000
Community Nurses, Inc., St Marys, PA, for a telehealth
project in six communities.......................... 100,000
Community Prevention Partnership of Berks County, Nurse
Family Partnership Program, Reading, PA for a
program to aid in healthy outcomes for pregnant low-
income mothers...................................... 150,000
Condell Medical Center, Libertyville, IL................ 200,000
Conemaugh Health System, Johnstown, PA for equipment.... 400,000
Cook Inlet Tribal Council, Inc. for construction of
health care facilities for Alaska natives in the
Anchorage area...................................... 4,000,000
Cooley Community Hospital, Grand Coulee, WA............. 250,000
Cooper Green Hospital, Birmingham, AL for equipment..... 200,000
Copper Queen Community Hospital, Bisbee, AZ............. 1,000,000
Corry Memorial Hospital, Corry, PA for equipment........ 200,000
County Commission of Raleigh County, West Virginia to
complete the Educational Mall facility in Beckley,
WV.................................................. 4,000,000
Coushatta Tribe of Louisiana, Jefferson Davis Parish,
Louisiana for a tribal wellness center.............. 850,000
Crouse Hospital, Syracuse, NY........................... 400,000
Crozer Keystone Health System, Upland, PA for ChesPenn
Health Services to provide medical services to the
most impoverished and medically needy............... 100,000
Cumberland University, Lebanon, TN for construction,
renovation, and equipment........................... 175,000
Cuyahoga Community College, Cleveland, OH............... 300,000
Dana-Farber Cancer Institute, Boston, MA, for the design
and construction of a clinical care and research
facility............................................ 575,000
Dartmouth-Hitchcock Medical Center, Lebanon, NH, for
construction and equipment.......................... 1,000,000
Dauphin County Department of Human Services, Dauphin
County, PA to provide mobile health clinics in
Dauphin County...................................... 100,000
Deaconess Billings Clinic, Northwest Area Center for
Studies on Aging, Billings, MT for a program to
manage chronic illness in the rural aging population 750,000
Delaware Valley Community Health, Inc., Philadelphia, PA
for construction, renovation, and equipment at the
Maria de los Santos Community Health Center......... 100,000
Delta Dental Plan of South Dakota in Pierre, SD for
equipment for a dental care mobile van.............. 200,000
Delta Health Center, Mound Bayou, MS for construction,
renovation, and equipment at the community health
center in Greenville, MS............................ 115,000
Delta State University, Cleveland, MS for the Delta
Health Alliance, a multi-university partnership to
address delta health problems....................... 1,800,000
Detroit-Wayne County Health Authority of Michigan to
assess regional healthcare best practices
initiatives......................................... 500,000
Diakon Lutheran Social Ministries, Mechanicsburg, PA for
abstinence education and related services........... 136,000
Diakon Lutheran Social Ministries, Topton, PA for
abstinence education and related services........... 95,000
Domestic Violence Project, Inc., Canton, OH............. 390,000
Door of Hope, Madisonville, KY for abstinence education
and related services................................ 100,000
Dr. Arenia C. Mallory Community Health Center, Inc.,
Lexington, MS for rural women's health services..... 400,000
DuBois Regional Medical Center, DuBois, PA.............. 300,000
East Tennessee Children's Hospital, Knoxville, TN....... 200,000
East Tennessee State University James H.Quillen College
of Medicine, Johnson City, TN....................... 500,000
Eastern Connecticut Health Network, Manchester, CT...... 300,000
Eastern Oregon University Rural Frontier Delivery
Program for continuation and expansion of a program
that provides educational sources and training for
nurses who live and work in rural communities....... 100,000
Eastern Shore Rural Health System, Inc., Nassawadox, VA. 350,000
Ed Roberts Campus in Berkeley, CA for a clinic and
rehabilitation center for people with disabilities.. 500,000
Edgemoor Hospital, Santee, CA........................... 500,000
Elliot Hospital, Manchester, NH......................... 1,000,000
Englewood High School, Chicago IL, for a clinic......... 1,500,000
Ephrata Community Hospital, Ephrata, PA................. 300,000
Erie County Medical Center, Buffalo, NY for
construction, renovation, and equipment............. 500,000
Excelsior Springs Medical Center Outpatient and Wellness
Clinic, Excelsior Springs, MO....................... 769,000
Fairbanks Community Clinic, Fairbanks, AK............... 650,000
Fairbanks Memorial Hospital, Fairbanks, AK for
construction and equipment.......................... 1,200,000
Fairview Health System, Minneapolis, MN for an
electronic medical record system.................... 100,000
Family Health Council, Inc., Seneca, PA................. 100,000
Florida A&M University for a Center for Community Health 800,000
Florida Cancer Research Cooperative, University of South
Florida, Tampa, FL.................................. 500,000
Florida Emergency Medicine Foundation, Orange County, FL 100,000
Florida Hospital College of Health Sciences, Orlando, FL 100,000
Forbes Regional Hospital, Monroeville, PA............... 500,000
Foundation for eHealth Initiative, Washington, DC....... 3,000,000
Fox Chase Cancer Center and The University of Maryland
Greenebaum Cancer Center for the American Russian
Cancer Alliance to establish a long term
collaborative program for research, clinical
activities and education............................ 650,000
Fox Chase Cancer Center, Philadelphia, PA for
construction, renovation, and equipment............. 750,000
Franklin and Marshall College, Lancaster, PA for
construction, renovation, and equipment............. 400,000
Franklin County Memorial Hospital, Meadville, MS........ 250,000
Free Clinic of Doylestown, PA........................... 200,000
Free Clinic of Owensboro, Owensboro, KY for healthcare
services in rural areas............................. 100,000
Free Clinics of Iowa in Des Moines to support a network
of free clinics..................................... 100,000
Gateway Healthcare, Inc, Pawtucket, RI for construction,
renovation, and equipment........................... 100,000
Geer Woods, Inc., Canaan, CT............................ 700,000
Geisinger Health System, Danville, PA, for the
catheterization lab at the Geisinger Wyoming Valley
Heart Hospital...................................... 500,000
Geisinger Health System, Danville, PA, to construct the
Center for Health Research.......................... 1,000,000
George Mason University Krasnow Institute, Fairfax, VA.. 225,000
George Washington Carver Community Center, Project
A.C.E., Norristown, PA for abstinence education and
related services.................................... 86,000
Georgia Infirmary, Inc., Savannah, GA................... 50,000
Georgia Southern University, Statesboro, GA, for rural
nursing and nursing education outreach programs..... 275,000
Georgia State University, Atlanta GA.................... 150,000
Gilda's Club Northern New Jersey, Hackensack, NJ........ 500,000
Glens Falls Hospital, Glens Falls, NY................... 600,000
Good Samaritan Health Systems, Kearney, NE for the Mid-
Nebraska Telemedicine Network....................... 350,000
Good Samaritan Hospital, Cardiac Catheterization
Laboratory, Lebanon, PA for construction,
renovation, and equipment........................... 250,000
Good Shepherd Hospital, Allentown, PA for construction,
renovation, and equipment........................... 250,000
Goodwin Community Health Center, Brunswick, GA, for the
Coastal Medical Access Project...................... 300,000
Graduate Education and Applied Research Foundation in
Sioux Falls, South Dakota to construct the Center
for Graduate Education and Applied Research......... 2,000,000
Great Mines Health Center, Potosi, MO to expand health
services in the community........................... 250,000
Green River Medical Center, Green River, UT for
construction, renovation, and equipment............. 50,000
Greenville Hospital System, Greenville, SC to improve
critical care in rural areas through e-ICU/
Telemedicine technology............................. 500,000
Grossmont Hospital Foundation, La Mesa, CA.............. 750,000
Guidance Center, project RAPPORT, Ridgway, PA for
abstinence education and related services........... 74,000
Gulf Coast Jewish Family Services, Inc., Clearwater, FL. 500,000
H. Lee Moffitt Cancer Center & Research Institute,
Tampa, FL........................................... 3,000,000
Hackensack University Medical Center, Hackensack, NJ.... 100,000
Hackettstown Community Hospital, Hackettstown, NJ....... 200,000
Hand County Memorial Hospital in Miller, South Dakota
for renovation and equipment........................ 50,000
Harris Regional Hospital, Sylva, NC..................... 250,000
Hawaii Primary Care Association to educate community
health centers in utilizing telehealth equipment.... 400,000
Heart Beat, Millerstown, PA for abstinence education and
related services.................................... 51,000
Helping Hands Health Clinic, Elkton, KY for healthcare
services in rural areas............................. 100,000
Hi-Desert Medical Center, Joshua Tree, CA............... 750,000
Hillcrest Health System, Tulsa, OK for inner city clinic 570,000
Hillsdale Community Health Center, Hillsdale, MI........ 58,000
Holmes County Board of Supervisors for construction of
the Robert G. Clark Health Complex, Lexington, MS... 400,000
Holy Cross Hospital, Ft. Lauderdale, FL................. 300,000
Holy Name Hospital in Teaneck, NJ for an Emergency Room. 300,000
Holy Redeemer Health System, Philadelphia, PA for
construction, renovation, and equipment............. 100,000
Hope Hospice for Southwest Florida, Ft. Myers, FL....... 600,000
Hopewell Therapeutic Farm Community, Mesopotamia, OH.... 390,000
Horn Memorial Hospital, Ida Grove, IA................... 200,000
Hospice and Palliative Care, Inc., New Hartford, NY..... 40,000
Hudson Headwaters Health Network, Glen Falls, NY........ 200,000
Hunterdon County Medical Center, Flemington, NJ......... 300,000
Huntsville Hospital, Huntsville, AL..................... 400,000
Hutcheson Medical Center, Inc., Ringgold, GA............ 500,000
Idaho Commission on Nursing and Nursing Education, Idaho
Falls, ID, to initiate the Nursing Leadership and
Workforce Network project........................... 250,000
Idaho State University, Pocatello, ID for the Idaho
Telehealth Integrated Care Center................... 1,500,000
Inland NW Health System in Spokane, WA, to provide
online telepharmacy services to rural hospitals and
clinics............................................. 750,000
Inova Health System, Falls Church, VA, for the Claude
Moore Health Education Center....................... 450,000
Institute for Cancer Prevention in New York, NY for
facility improvements and equipment................. 3,000,000
Integris Baptist Regional Health Center, Women's Center,
Miami, OK for construction and equipment............ 400,000
INTEGRIS Canadian Valley Regional Hospital, Yukon, OK... 600,000
INTEGRIS Health, Oklahoma City, OK for the Rural
Oklahoma Telemedicine Expansion program............. 75,000
Iowa Caregivers Association for training and support of
certified nurse assistants.......................... 100,000
Iowa Department of Public Health to continue the Center
for Healthcare Workforce Shortages.................. 775,000
J. Joseph Moakley Medical Services Building, Boston
Medical Center, Boston, Massachusetts............... 800,000
Jackson Health System, Miami, FL, for the Center for
Patient Safety...................................... 125,000
Jackson State University, Jackson, MS to develop a
Southern Institute for mental health research and
training............................................ 1,000,000
James Whitcombe Riley Hospital for Children,
Indianapolis, IN.................................... 200,000
Jefferson Comprehensive Health Center, Fayette, MS for
construction and equipment.......................... 115,000
Joel Pomerene Hospital, Millersburg, OH................. 750,000
Jordan Valley Community Health Center, Springfield, MO.. 315,000
Jordan Valley Community Health Center, Springfield, MO
to expand health services in the community.......... 200,000
Kansas State University, Manhattan, KS, for equipment... 500,000
Kauai Community Health Center in Hawaii to set up a
satellite clinic.................................... 50,000
Kaweah Delta Health Care District, Visalia, CA.......... 500,000
Kent County Visiting Nurses Association (VNA Care New
England), Warwick, RI, to provide laptop computers
for home health nurses.............................. 100,000
Kentucky Communities Economic Opportunity Council, Inc.,
Barbourville, KY.................................... 225,000
Keystone Central School District, Central Mountain
Middle School East, Mill Hall, PA for abstinence
education and related services...................... 79,000
Keystone Economic Development Corporation, Johnstown, PA
for abstinence education and related services....... 88,000
Keystone Health Center, Chambersburg, PA................ 100,000
KidsPeace Children's Hospital, Orefield, PA............. 300,000
KidsPeace of Georgia, Orefield, PA...................... 500,000
Klamath Health Partnership, Klamath Falls, OR for
construction, renovation, and equipment............. 50,000
Knox Community Hospital, Mt. Vernon, OH................. 800,000
Knox County Senior Citizen's Home Assistance Service
Broadway Center, Knoxville, TN...................... 200,000
Kuakini Hospital Research Facility for renovation and
expansion........................................... 50,000
L.V.C.P.T.P., St. Luke's Health Network, CHOICE program,
Bethlehem, PA for abstinence education and related
services............................................ 92,000
La Crosse Medical Health Science Consortium, La Crosse,
WI to expand the Virtual Health Center program to
additional counties in Wisconsin.................... 275,000
Lackawanna College, Scranton, PA, for construction,
renovation and equipment............................ 350,000
Lackawanna Trail School District, Factoryville, PA for
abstinence education and related services........... 74,000
Lake Erie College of Osteopathic Medicine, Erie, PA..... 434,000
Lake Erie Research Institute, Inc., Girard, PA for
equipment........................................... 25,000
Lancaster General Women & Babies Hospital, Lancaster, PA
for equipment....................................... 250,000
Landmark Medical Center, Woonsocket, RI for
construction, renovation, equipment................. 600,000
Lane County Public Health Facilities will use the funds
to expand and enhance its public health facilities
to better respond to public health crises including
acts of bioterrorism................................ 75,000
Langlade Memorial Hospital in Antigo, Wisconsin for a
four-county dental project.......................... 300,000
Langston University, Langston, OK....................... 300,000
Lapeer Regional Hospital, Lapeer, MI.................... 15,000
LaSalle University, Philadelphia PA for abstinence
education and related services...................... 112,000
Lawrence General Hospital, Lawrence, MA, for emergency
and surgical department expansion................... 100,000
Le Bonheur Children's Medical Center, Memphis, TN for a
pediatric mobile unit--CHAMPS....................... 1,200,000
Lehigh Valley Hospital, Allentown, PA for construction,
renovation, and equipment........................... 750,000
Life Enrichment Center, Shelby, NC, for Kings Mountain
Center.............................................. 50,000
Life with Cancer-Inova Fairfax Hospital, Falls Church,
VA.................................................. 500,000
Little Flower Free Clinic, Hazard, KY for healthcare
services in rural areas............................. 100,000
Lodi Community Hospital, Lodi, OH....................... 2,000,000
Louisiana State University Health Sciences Center in
Shreveport to expand its clinical initiatives that
focus on the Brain Institute of the South........... 500,000
Louisiana State University Health Sciences Center, Baton
Rouge, LA, for a Diabetes Foot Program.............. 72,000
Louisiana State University Health Sciences Center, New
Orleans, LA, to continue and expand the development
of the Center for Acadiana Genetics and Hereditary
Health Care......................................... 600,000
Louisiana State University Health Sciences Center,
Shreveport, LA, for the Emergency Care Center....... 250,000
Lourdes Hospital, Paducah, KY for emergency department
renovations and equipment........................... 500,000
Loyola University Medical Center, Maywood, IL for
construction and equipment.......................... 100,000
Lycoming County Crippled Children's Society, Inc.,
Williamsport, PA.................................... 50,000
Madison County Memorial Hospital, Madison, FL........... 250,000
Magee Women's Hospital of Pittsburgh, PA for
construction, renovation, and equipment............. 1,000,000
Malone College, Canton, OH.............................. 1,000,000
Marceline Economic Development Committee, Marceline, MO
to expand health services in the community.......... 200,000
Marcus Institute, Atlanta, GA........................... 750,000
Margaretville Memorial Hospital, Margaretville, NY...... 200,000
Maria de los Santos Community Health Center,
Philadelphia, PA for construction, renovation and
equipment........................................... 100,000
Marianjoy Rehabilitation Hospital, Wheaton, IL.......... 1,000,000
Mario Lemieux Foundation, Pittsburgh, PA for
construction, renovation, equipment of hospital
emergency rooms for children........................ 200,000
Marion Regional Medical Center-Hamilton Hospital,
Hamilton, AL........................................ 300,000
Marquette University School of Dentistry, Milwaukee, WI
to provide dental care in underserved rural
communities through mobile dental clinics........... 350,000
Marshall University in West Virginia.................... 11,500,000
Mary Bird Perkins Cancer Center, Baton Rouge, LA........ 71,000
Masonic Medical Research Laboratory, Utica, NY.......... 800,000
Maui Community Health Center to expand the community
health center....................................... 350,000
McAuley Clinic, Owensboro, KY for health services in
rural areas......................................... 100,000
Medical College of Georgia, Cancer Research Center,
Augusta, GA......................................... 1,275,000
Medical College of Wisconsin, Milwaukee, WI............. 1,500,000
Medical University of South Carolina Oncology Center in
Charleston, SC for facility improvements and
equipment........................................... 4,000,000
Medina Health Ministry, Medina, OH...................... 34,000
Medina Works, Medina, OH................................ 130,000
Meeting Street National Center of Excellence, South
Providence, RI...................................... 100,000
Memorial Health University Medical Center, Savannah, GA. 1,300,000
Memorial Hermann Healthcare System, Houston, TX......... 2,000,000
Memorial Hospital, Inc., Towanda, PA.................... 200,000
Memorial Medical Center Foundation in Las Cruces, New
Mexico for a mobile health clinic for the New Mexico
Children's Health Project........................... 150,000
Memorial Medical Center, Springfield, IL................ 550,000
Memphis Biotech Foundation, Memphis, TN for
construction, renovation, and equipment............. 4,000,000
Mercy Foundation, Midwest Rural Telemedicine Consortium,
Des Moines, IA...................................... 650,000
Mercy Health Foundation, Durango, CO for equipment...... 50,000
Mercy Health Partners, Scranton, PA to provide
computerized access to clinical information at the
point of care, and to implement a computerized
physician order entry system that will make
medication and other medical orders more accessible. 150,000
Mercy Hospital of Pittsburgh, Pittsburgh, PA for
abstinence education and related services........... 111,000
Mercy Hospital, Cadillac, MI............................ 225,000
Mercy Medical Center, Canton, OH........................ 1,000,000
Mercy Medical Center, Des Moines, IA.................... 800,000
Mercy Medical Center, Renal Dialysis, Durango, CO for
construction and equipment.......................... 500,000
Mercy Medical Center, Springfield, MA, for upgrades to
intensive and critical care units and procurement of
medical equipment................................... 425,000
Methodist Hospital, Houston, TX......................... 750,000
Methodist Hospital, Henderson, KY for healthcare
services for underserved children................... 100,000
Miami Children's Hospital, Miami, FL, for the Pediatric
Brain Tumor and Neurological Disease Institute...... 167,000
Michigan Research Institute, Ann Arbor, MI, for research
and development of medical technologies............. 400,000
Middle Tennessee State University, Murfreesboro, TN for
construction, renovation, and equipment............. 1,000,000
MidMichigan Medical Center-Midland, MI.................. 100,000
Midtown Community Health Center, Weber County, UT for
construction, renovation, and equipment............. 150,000
Midwestern University, Chicago College of Pharmacy,
Downers Grove, IL................................... 200,000
Miller's Children's Hospital, Long Beach, CA............ 250,000
Milwaukee Area Technical College, Milwaukee, WI for
construction and equipment purchases for two
satellite campus nurse training program............. 200,000
Mississippi Band of Choctaw Indians, Choctaw, MS for
planning, construction, and renovation of the
Mississippi Band of Choctaw's Health Care Center.... 600,000
Mississippi Blood Services, Jackson, MS for equipment... 65,000
Mississippi Primary Health Care Association, Jackson, MS
to develop partnerships among rural health care
providers to plan for and improve rural health care
infrastructure...................................... 140,000
Missouri Baptist Hospital, Sullivan, MO for renovation
and equipment....................................... 31,000
Mobile Health Command, Toledo, OH to purchase and equip
a specialized emergency health vehicle.............. 100,000
Modoc Indian Health Project, Alturas, CA, for the Modoc
Medical Center and Surprise Valley District Hospital 200,000
Mon Valley Hospital, Monongahela, PA for construction,
renovation, and equipment........................... 250,000
Montefiore Medical Center, Clinical Information System,
Bronx, NY for equipment............................. 100,000
Moorefield Wellness Project, Petersburg, WV, for health
care assistance to Viral population................. 129,000
Moran Eye Center, Salt Lake City, UT for construction,
renovation and equipment............................ 150,000
Morehouse School of Medicine, Atlanta, GA for
construction and renovation......................... 75,000
Moses Taylor Hospital in Scranton, PA for construction,
renovation, and equipment........................... 300,000
Motion Picture and Television Fund (MPTF), Washington,
D.C. for construction, renovation and equipment of a
health care complex with emphasis on geriatric
research............................................ 900,000
Mount Sinai Medical Center, New York, NY for equipment.. 100,000
Mountain Area Hospice, Asheville, NC.................... 750,000
Mountaineer Community Health and Senior Center, Berkeley
Springs, WV......................................... 175,000
Mountaintop Area Medical Center, Snow Shoe, PA.......... 150,000
Mt. San Jacinto College, Menifee Valley Campus, Menifee,
CA.................................................. 100,000
Multi Dimensional Imaging, Inc., Newport Beach, CA for
equipment........................................... 500,000
Murphy Medical Center, Inc., Murphy, NC................. 1,000,000
National Jewish Medical and Research Center, Denver, CO. 800,000
National Nursing Centers Consortium, Philadelphia, PA to
conduct a demonstration project to standardize
services in nurse managed health and wellness
centers............................................. 100,000
Navajo Health Foundation/Sage Memorial Hospital, Ganado,
AZ.................................................. 500,000
Nazareth Hospital, Center for Stroke Treatment and
Prevention, Philadelphia, PA for construction,
renovation, and equipment........................... 250,000
Neighborhood United Against Drugs, Philadelphia, PA for
abstinence education and related services........... 136,000
Nesbitt Memorial Medical Center, Kingston, PA to fund
the Behavioral Health Services D/B/A Family
Enhancement Center that would provide registered
nurses and an administrator......................... 50,000
Neumann College, Aston, PA, for construction,
renovation, and equipment........................... 50,000
Nevada Cancer Institute, Las Vegas, NV for construction,
renovation, and equipment........................... 350,000
Nevada Rural Health Partners, Reno, NV, in consultation
with NV Institute of Research & Technology, to
expand and improve rural telemedicine............... 500,000
New Brighton School District, New Brighton, PA for
abstinence education and related services........... 23,000
New York Academy of Medicine, New York, NY for
construction, renovation, and equipment............. 100,000
New York College of Medicine, New York, New York for
construction, renovation, and equipment............. 100,000
New York University Medical Center for construction of a
vaccine lab......................................... 100,000
Niagara Falls Memorial Hospital to construct an
Emergency and Cardiac Center........................ 100,000
North Idaho Rural Health Consortium (NIRHC) for a
distance healthcare access program.................. 650,000
North Philadelphia Health System, Philadelphia, PA for
equipment........................................... 100,000
Northeast Health, Rockland, ME for construction,
renovation, and equipment........................... 150,000
Northeast Mississippi Health Care, Inc., Byhalia, MS.... 240,000
Northeast Wisconsin Technical College, Green Bay, WI for
equipment for new dental lab........................ 200,000
Northeastern Ohio Universities College of Medicine
(NEOUCOM), Rootstown, OH............................ 500,000
Northern Duchess Hospital, Rhineback, NY, for building
renovations......................................... 400,000
Northern Illinois University Center for the Study of
Family Violence and Sexual Assault, DeKalb, IL...... 750,000
Northern Illinois University, Family Health Wellness &
Literacy Center, DeKalb, IL......................... 3,000,000
Northern Illinois University, NIU Institute for Neutron
Therapy at Fermi Lab, DeKalb, IL.................... 900,000
Northwest College, Mark and Huldah Buntain School of
Nursing, Kirkland, WA............................... 250,000
Northwest Pennsylvania Optical Clinic, Erie, PA to
establish clinics and train volunteer staff to
provide eyeglasses to poor and indigent individuals. 50,000
Northwestern Memorial Hospital, Chicago, IL............. 350,000
Northwestern University, Center for Genomics and
Molecular Medicine, Evanston, IL.................... 725,000
Norton Healthcare for Kosair Children's Hospital,
Louisville, KY...................................... 700,000
Norwalk Health System, Norwalk, CT...................... 200,000
Nueva Esperanza, Philadelphia, PA for abstinence
education and related services...................... 72,000
Nursing Institute of West Central Ohio, Wright State
University, Dayton, OH.............................. 525,000
Nye County, Nevada, Ambulances for emergency health care
in rural areas...................................... 100,000
Oakwood Healthcare System, Dearborn, MI................. 500,000
Ochoco Community Clinic, Prineville, OR, for
construction and equipment.......................... 50,000
Office of the Advocate for Patients of Puerto Rico, to
acquire mobile offices and telecommunications
equipment........................................... 400,000
Ohio Board of Regents, Columbus, OH to connect Ohio's
children's hospitals and select community hospitals
with Ohio's academic medical centers via the Third
Frontier Network.................................... 3,400,000
Ohio State University, College of Medicine & Public
Health, Columbus, OH................................ 1,350,000
Ohio State University, Ohio Agricultural Research and
Development Center, Wooster, OH..................... 1,000,000
Ohio Super Computing Center (OSC), Columbus, OH......... 350,000
Ohio University, Athens, OH............................. 250,000
Oklahoma Medical Research Foundation, Oklahoma City,
Oklahoma, for the Native American Genetics
Initiative.......................................... 500,000
Oklahoma State University Rural Health Policy and
Research Center, Stillwater, OK..................... 280,000
Oregon Community Health Information Network, Portland,
OR, for construction, renovation, and equipment at
Community Health Centers............................ 50,000
Orthopaedic Hospital of Los Angeles..................... 1,000,000
OSF Saint James-John W. Albrecht Medical Center,
Pontiac, IL......................................... 350,000
Palliative Care Center and Hospice of the North Shore,
Evanston, IL........................................ 300,000
Paradise Valley Hospital, National City, CA............. 100,000
Partners for Healthier Tomorrows, Ephrata, PA for
abstinence education and related services........... 50,000
Partners in Family and Community Development, Athens, PA
for abstinence education and related services....... 72,000
Penn State, Milton S. Hershey Medical Center, Division
of Gastroenterology & Hepatology, Hershey, PA for
renovation and equipment............................ 975,000
Penn State, Milton S. Hershey Medical Center Division of
Gastroenterology and Hepatology for gastroparesis... 25,000
Pennsylvania College of Optometry, Elkins Park, PA to
provide equipment and program costs associated with
developing a network of satellite optometric centers
to meet the eye and vision care needs of urban under
underserved and high-risk populations............... 100,000
Pennsylvania Home Care Association, Lemoyne, PA to
investigate the impact of telehealth on the overall
cost of patient health care......................... 250,000
Peoples Health Center, Inc., Lincoln NE................. 700,000
People's Health Centers, Inc. St. Louis, MO for
construction, renovation, and equipment............. 400,000
Perseus House, Inc., Erie, PA for abstinence education
and related services................................ 50,000
Philadelphia College of Osteopathic Medicine (PCOM),
Philadelphia, PA to provide health outreach to the
residents of Sullivan County and rural medicine
education........................................... 350,000
Philipsburg Hospital, Philipsburg, PA................... 250,000
Phoebe Putney Memorial Hospital, Albany, GA for
construction........................................ 75,000
Pike Market Medical Center in Seattle, WA, to enable the
necessary tenant improvements required to serve
numerous patients................................... 500,000
Pines of Peace, Inc., Ontario, NY....................... 15,000
Placer County, Auburn, CA............................... 750,000
Plumas County Seniors Nutrition Program, Plumas, CA..... 250,000
Policy Institute for Integrative Medicine, Philadelphia,
PA for equipment.................................... 50,000
Polk County 911 Dispatch Center, Bolivar, MO............ 250,000
Polk County, FL......................................... 500,000
Pondera Medical Center, Conrad, MT for construction,
renovation, and equipment........................... 500,000
Port Huron Hospital, Port Huron, MI..................... 400,000
Portneuf Medical Center, Pocatello, ID, for Center for
Cardiac and Vascular Services....................... 700,000
Potter County Human Services, Roulette, PA for
abstinence education and related services........... 50,000
Prentiss Regional Hospital, Prentiss, MS................ 200,000
Presbyterian Home, New Hartford, NY..................... 200,000
Presbyterian Medical Services, Carlsbad, NM............. 1,500,000
Preventive Medicine Research Institute, Sausalito, CA... 150,000
Prince George's County Community Health Center, to
create community based health clinics in targeted
communities......................................... 200,000
Proctor Hospital, Peoria IL............................. 550,000
Project Reality, Glenview, IL for abstinence education
and related services................................ 50,000
Provena Health Systems, Mokena, IL...................... 2,170,000
Provena Mercy Center, Aurora, IL........................ 4,000,000
Providence Community Health Centers, Providence, RI for
construction, renovation, and equipment............. 100,000
Public/Private Ventures, Philadelphia, PA for Nurse-
Family Partnership sites in Reading, Luzerne and
Erie................................................ 150,000
Rainbow Babies & Children's Hospital, Cleveland, OH for
equipment........................................... 900,000
Rape and Victim Assistance Center of Schuykill County,
Pottsville, PA for abstinence education and related
services............................................ 71,000
Real Commitment, Gettysburg, PA for abstinence education
and related services................................ 82,000
Red Wing Medical Center, Red Wing, MN................... 600,000
Regional Health Care Clinic Inc., Sedalia, MO to expand
health services in the community.................... 300,000
Rice University, Houston, TX............................ 1,250,000
River Hospital, Alexandria Bay, NY...................... 300,000
Riverside Community College District, Riverside, CA..... 134,000
Rocking Horse Children's Health Center, Springfield, OH
for construction.................................... 450,000
Rosebud Sioux Tribe in Rosebud, South Dakota for rural
ambulance service operations........................ 250,000
Rural Health Association, La Grande Urgent Care/Family
Practice Clinic, Grande, OR for construction and
equipment........................................... 50,000
Rural Wisconsin Health Cooperative, Sauk City, WI to
expand telehealth activities for clinics and
hospitals in rural Wisconsin........................ 115,000
Rush University Medical Center, Chicago, IL............. 300,000
Rush-Copley Medical Center, Aurora, IL.................. 1,000,000
Rutgers University Genetics Building.................... 1,000,000
Sacred Heart Hospital, Allentown, PA for construction,
renovation, and equipment........................... 750,000
Sacred Heart Medical Center Foundation, Spokane, WA..... 500,000
Saginaw Chippewa Tribe of Michigan for the Victims of
Crime program....................................... 750,000
Saint Elizabeth Health Center, Youngstown, OH for
construction, renovation, and equipment............. 400,000
Saint Francis Hospital, Poughkeepsie, NY................ 350,000
Saint Joseph Medical Center, Reading, PA for
construction, renovation, and equipment............. 750,000
Samuel U. Rodgers Community Health Center, Kansas City,
MO for construction, renovation and equipment....... 500,000
San Joaquin Community Hospital, Bakersfield, CA......... 250,000
San Miguel County, Public Health Building, Las Vegas, NM
for construction.................................... 750,000
San Ysidro Health Center in California.................. 335,000
Sarah D. Culbertson Memorial Hospital in Rushville, IL.. 200,000
School District of Lancaster, Project IMPACT, Lancaster,
PA for abstinence education and related services.... 101,000
School District of Philadelphia, Philadelphia, PA for
abstinence education and related services........... 102,000
Sciperio, Stillwater, OK................................ 100,000
Scottsdale Healthcare Trauma Center, Scottsdale, AZ..... 500,000
Seton Hall University, Life Science and Technology
Center, South Orange, NJ............................ 150,000
Shamokin Area Community Hospital, Coal Township, PA..... 300,000
Shands Jacksonville Hospital, Jacksonville, FL.......... 1,000,000
Shepherd's Maternity House Inc., East Stroudsburg, PA
for abstinence education and related services....... 50,000
Sickle Cell Association of Kentuckiana, University of
Louisville, Louisville, KY.......................... 20,000
Silver Ring Thing, Sewickley, PA for abstinence
education and related services...................... 400,000
Sinai Hospital, Baltimore, MD, renovate the hospital
maternity facility.................................. 200,000
Somerset Medical Center, Somerville, NJ, for cancer
center.............................................. 500,000
Somerset Medical Center, Somerville, NJ, for emergency
department.......................................... 500,000
South Shore Hospital, South Weymouth, MA for emergency
department expansion and renovations................ 150,000
Southeast Community College, Cumberland, KY............. 750,000
Southern Illinois University, School of Medicine,
Springfield, IL..................................... 150,000
Springfield Regional Medical Center, Springfield, OH.... 475,000
St. Alphonsus Regional Medical Center, Boise ID for the
St. Benedicte's Family Medical Center, Jerome, ID... 500,000
St. Anthony Hospital, Oklahoma City, OK, for
construction, renovation, equipment................. 75,000
St. Anthony's Health Care Foundation, St. Petersburg, FL 2,500,000
St. Anthony's Medical Center, St. Louis, MO............. 350,000
St. Clair County Senior Citizens Center, Ragland, AL.... 75,000
St. James-Santee Family Health Center, Inc.,
McClellanville, SC.................................. 200,000
St. Joseph College of Nursing & Allied Health,
University of St. Francis, Joliet, IL............... 150,000
St. Joseph Hospital, Nashua, NH......................... 1,500,000
St. Joseph Regional Health Network, Reading, PA......... 200,000
St. Jude Children's Research Hospital, Memphis, TN for
equipment........................................... 400,000
St. Louis University, Biodefense Research Facility, St.
Louis, MO for construction, renovation, and
equipment........................................... 800,000
St. Luke Community Clinic, Front Royal, VA.............. 100,000
St. Luke's Cornwall Hospital, Newburgh, NY.............. 150,000
St. Luke's Hospital, Allentown, PA for construction,
renovation, and equipment........................... 800,000
St. Luke's Hospital, Houston, TX for equipment.......... 750,000
St. Luke's Regional Medical Center, Ltd., Boise, ID..... 250,000
St. Mary Medical Center in California for minority
cancer early detection and treatment program........ 100,000
St. Mary-Corwin Medical Center, Pueblo, CO for equipment 200,000
St. Mary's Hospital in Connecticut for renovation of
emergency room facilities........................... 300,000
St. Mary's Medical Center in Huntington, West Virginia,
to expand public access to automated external
defibrillators in Cabell, Lincoln and Wayne counties 360,000
St. Mary's Medical Center of Campbell County, TN for
construction, renovation, and equipment............. 500,000
St. Nicholas Family Free Clinic, Paducah, KY for
healthcare services in rural areas.................. 100,000
St. Petersburg College, St. Petersburg, FL, for dental,
prosthetics and orthotics programs.................. 2,000,000
St. Vincent Healthcare Foundation, Billings, MT for
construction and equipment.......................... 500,000
STAT MedEvac, West Mifflan, PA.......................... 1,000,000
Staywell Healthcare, Inc., Waterbury, CT................ 200,000
StemCyte Research Institute, Arcadia, CA................ 1,000,000
Stewart-Marchman Center, Inc., Bunnell, FL.............. 100,000
Stoughton Hospital Foundation in Stoughton, Wisconsin
for defibrillators.................................. 30,000
Summa Health System, Akron, OH.......................... 950,000
Susquehanna Health System, Williamsport, PA for upgrades
to the clinical medical record system............... 500,000
Targeted Abstinence Project--McCap, Kansas City, KS for
abstinence education and related services........... 200,000
Tehachapi Hospital, Tehachapi Valley Healthcare
District, Tehachapi, CA............................. 500,000
Tennessee Technological University School of Nursing,
Cookeville, TN for construction, renovation, and
equipment........................................... 500,000
Texas A & M University, College Station, TX for the
Rural Community Health Institute.................... 250,000
Texas Southern University, College of Pharmacy and
Health Sciences, Houston, TX, for the establishment
of a health professions program..................... 100,000
Texas Tech University Health Sciences Center, Lubbock,
TX, to establish a Center for education, research
and clinical services in cardiovascular disease and
stroke.............................................. 375,000
The Children's Health Fund, New York, New York, to
improve access to health care for underserved
children in Pennsylvania............................ 200,000
Thomas Jefferson University Hospital, Philadelphia, PA.. 1,000,000
Titusville Area Hospital, Titusville, PA, for
HealthWorks Bradford................................ 200,000
To Our Children's Future with Health, Inc.,
Philadelphia, PA for abstinence on education and
related services.................................... 109,000
Toledo Children's Hospital, Toledo, OH for equipment.... 364,000
Town of Bassfield, MS for construction and equipment of
a dental clinic..................................... 110,000
Translational Genomics Research Institute, Phoenix, AZ.. 1,400,000
Transylvania Community Hospital, Brevard, NC............ 1,000,000
Tri County Women's Network, New Carlisle, OH............ 200,000
Tuscarora Intermediate Unit, McVeytown, PA for
abstinence education and related services........... 84,000
Tyler Memorial Hospital, Tunkhannock, PA................ 400,000
Underwood and Lee Clinic, Louisville, KY................ 9,000
United Medical Center, Cheyenne, WY..................... 250,000
University at Buffalo, State University of New York,
Buffalo, NY......................................... 1,000,000
University of Akron, Medina County University Center,
Akron, OH........................................... 750,000
University of Alabama at Birmingham, for construction of
the Interdisciplinary Biomedical Sciences Research
Building............................................ 12,500,000
University of Alaska at Anchorage for recruitment and
retention of Alaska Natives in nursing.............. 425,000
University of Alaska at Fairbanks for the development of
research and evaluation agendas for health care
delivery in Alaska.................................. 1,000,000
University of Alaska Fairbanks INPSYCH program to train
Alaska Natives for careers in psychology............ 400,000
University of California, Irvine Health System, Orange,
CA.................................................. 450,000
University of California, Irvine, Irvine, CA............ 400,000
University of California, San Diego Medical Center, San
Diego, CA........................................... 150,000
University of Charleston in Charleston, WV for a School
of Pharmacy facility................................ 4,300,000
University of Chicago Hospitals, Chicago, Illinois for
construction, renovation, and equipment............. 125,000
University of Cincinnati Medical Center, Cincinnati, OH. 1,875,000
University of Florida Dental Network for Distance
Learning and Tele-Dentistry, Gainesville, FL........ 1,500,000
University of Hawaii at Hilo for the School of Pharmacy
Program............................................. 700,000
University of Illinois, College of Medicine, Rockford,
IL.................................................. 400,000
University of Kansas Medical Research Institute, Kansas
City, KS for equipment.............................. 100,000
University of Kansas, Lawrence, KS, Biomedical Sciences
Resource Group, or equipment........................ 2,000,000
University of Kansas, Lawrence, KS, for equipment....... 500,000
University of Kentucky, Lexington, KY, for equipment.... 1,000,000
University of Louisville, Research Foundation,
Louisville, KY, Center for Cancer Nursing Education
and Research........................................ 300,000
University of Louisville, Science and Technology
Research Center, Louisville, KY for construction and
equipment........................................... 6,100,000
University of Massachusetts Memorial Hospital for the
Picture Archiving and Communication System.......... 850,000
University of Massachusetts, Amherst, MA, for the
construction of an integrative life sciences
facility............................................ 300,000
University of Minnesota, Minneapolis, MN................ 700,000
University of Mississippi Medical Center, Biomedical
Imaging Institute, Jackson, MS for construction and
equipment........................................... 4,000,000
University of Mississippi Medical Center, Jackson, MS... 3,000,000
University of Mississippi, Oxford, MS for planning and
construction........................................ 1,810,000
University of Missouri-Kansas City, Cardiovascular
Proteomics Center, Kansas City, MO for construction,
renovation, and equipment........................... 1,700,000
University of Nebraska Medical Center, Great Plains Oral
Health program to recruit, train, and retain oral
health providers.................................... 250,000
University of Nevada-Las Vegas School of Dental Medicine
for the purchase of dental equipment................ 1,000,000
University of Nevada-Las Vegas, to construct
biotechnology training labs......................... 300,000
University of Nevada-Reno, for a biomedical imaging
laboratory at the University of Nevada School of
Medicine in Reno.................................... 1,000,000
University of New Mexico, Albuquerque, NM for
construction, renovation, and equipment............. 4,300,000
University of North Dakota School of Medicine and Health
Sciences to continue rural health research at the
Center for Rural Health and Medicine in Grand Forks,
ND.................................................. 1,000,000
University of North Dakota, School of Medicine and
Health Sciences..................................... 1,000,000
University of Northern Colorado, Rocky Mountain Cancer
Rehabilitation Institute, Greeley, CO for
construction and equipment.......................... 100,000
University of Oklahoma Health Sciences Center, Oklahoma
City, OK, for a biomedical research center.......... 300,000
University of Oklahoma-Tulsa, Tulsa, OK................. 350,000
University of Oklahoma-Tulsa, Tulsa, OK for construction
and equipment of a Research and Medical Clinic...... 500,000
University of Pennsylvania School of Dental Medicine,
Philadelphia, PA for its minority outreach oral
health initiative................................... 200,000
University of Pennsylvania, Philadelphia, PA for
construction, renovation, equipment................. 1,000,000
University of Pittsburgh at Bradford, Bradford, PA...... 200,000
University of Pittsburgh Medical Center, Pittsburgh, PA,
for Northwest Hospital.............................. 100,000
University of Pittsburgh, Pittsburgh, PA for
construction, renovation, and equipment............. 1,000,000
University of Rochester Medical Center, Rochester, NY... 1,000,000
University of South Alabama, Mobile, AL for the Gulf
Coast Cancer Center and Research Institute.......... 3,500,000
University of South Alabama, Mobile, AL for the Office
of Emerging Health Technologies to provide
telemedicine services to rural areas in Alabama..... 150,000
University of South Alabama, Mobile, AL for the
Southwest Alabama Network for Education and
Telemedicine........................................ 175,000
University of South Carolina Spartanburg Health
Education Center, Spartanburg, SC................... 200,000
University of South Dakota School of Medicine in
Vermillion, SD for construction..................... 900,000
University of South Florida Center for Biological
Defense, Tampa, FL.................................. 2,500,000
University of South Florida Health Science Center,
Tampa, FL........................................... 1,000,000
University of South Florida, Sarasota/Manatee Campus,
Sarasota, FL, for the Center for Advanced Health
Practices and Policy Formation...................... 700,000
University of Tennessee Graduate School of Computational
Engineering, Chattanooga, Tennessee, for SimCenter
project to perform simulations to study ocean/
atmospheric issues associated with global climate... 1,000,000
University of Tennessee Health System, Knoxville, TN.... 100,000
University of Tennessee High Risk Newborn Services
Center, Knoxville, TN for construction, renovation,
and equipment....................................... 750,000
University of Texas at Austin for equipment............. 400,000
University of Texas Health Science Center, San Antonio,
TX for equipment.................................... 500,000
University of Texas M.D. Anderson Cancer Center,
Houston, TX......................................... 2,000,000
University of Texas Medical Branch, Galveston, TX for
equipment........................................... 400,000
University of Texas Southwestern Medical Center at
Dallas, Dallas, TX, for multiple sclerosis training
center.............................................. 950,000
University of Texas, Southwestern Medical Center at
Dallas, Center for Brain Cognition and Behavior for
equipment........................................... 500,000
University of Texas, Southwestern Medical Center at
Dallas, for the Comprehensive Stroke Center......... 700,000
University of Utah Telemedicine Outreach Program to
develop a comprehensive suite of telehealth services
in Utah and Intermountain West...................... 500,000
University of Vermont in Burlington, VT for a pediatric
telemedicine project................................ 150,000
University of Vermont in Burlington, VT to continue and
expand the Office of Nursing Workforce program...... 400,000
University of Virginia Office for Telemedicine,
University of Virginia Health System,
Charlottesville, VA................................. 180,000
University of Washington to construct a life-sciences
building............................................ 1,000,000
Urban Family Council, Philadelphia, PA for abstinence
education and related services...................... 126,000
Ursuline Sisters HIV/AIDS Ministry, Youngstown, OH, to
expand their health care and counseling services.... 50,000
Valley Healthcare System, Inc., Columbus, GA............ 500,000
Van Andel Research Institute, Grand Rapids, MI for a
good manufacturing practices facility............... 470,000
Vanderbilt Children's Hospital, Nashville, TN for
construction, renovation, and equipment............. 200,000
Venango Economic Development Corporation, Oil City, PA.. 400,000
Vermont Technical Colleges, Chittenden, VT, to
facilitate the retention and transfer of a dental
hygienist training program from the University of
Vermont............................................. 750,000
ViaHealth of Wayne-Newark-Wayne Community Hospital,
Newark, NY.......................................... 200,000
Victim Resource Center Inc., Franklin, PA for abstinence
education and related services...................... 41,000
Victory Memorial Hospital, Brooklyn, NY................. 100,000
Virginia Center for Health Outreach, Harrisonburg, VA... 590,000
Visiting Nurse Association of Fox Valley, Aurora, IL.... 550,000
Vitality Center Community Service Agency in Elko, NV for
the construction of a new facility to combine all
programs and services under one roof................ 250,000
Waianae Coast Comprehensive Health Center for leadership
training activities................................. 50,000
Waimanalo Community Health Center to expand screening to
allow for a unique focus on American Samoan health
care needs.......................................... 200,000
Wake Forest University School of Medicine, Winston-
Salem, NC........................................... 250,000
Walsh University, Canton, OH, for a Community Wellness
Education Center.................................... 500,000
Walsh University, Canton, OH, for a Natural Sciences and
Bioinfomatics Center................................ 500,000
Washington College, Chestertown, MD..................... 500,000
Washington Health Foundation, Seattle, WA............... 100,000
Washington Hospital Teen Outreach, Academy for
Adolescent Health, Washington, PA for abstinence
education and related services...................... 136,000
Wayne Memorial Hospital, Honesdale, PA.................. 300,000
Wenatchee Valley Clinic in Washington State for
equipment........................................... 250,000
Wenatchee Valley Medical Center, Wenatchee, WA.......... 500,000
Wesley College, Dover, DE............................... 200,000
West Penn Allegheny Health System, Pittsburgh, PA....... 250,000
West Virginia University for a Clinical Teaching Center
at the Charleston Area Medical Center............... 5,000,000
Western Kentucky University, Bowling Green, KY, for the
Mobile Health Screening Program..................... 500,000
Western Kentucky University, Bowling Green, KY, Hispanic
Resource Center for health outreach services to the
area's Hispanic population.......................... 700,000
Western Michigan University, College of Health and Human
Services, Kalamazoo, MI, to deploy wireless
technology in health care........................... 500,000
Wills Eye Hospital, Philadelphia, PA to provide eye care
to underserved populations.......................... 1,000,000
Windham Community Memorial Hospital, Willimantic, CT.... 200,000
Wistar Institute, Philadelphia, PA for construction,
renovation, and equipment........................... 50,000
Womankind, Cleveland, OH, to expand prenatal care....... 50,000
Woman's Hospital, Baton Rouge, LA, for the Women's
Outreach, Educational and Wellness Initiative....... 100,000
Women's Care Center of Erie County, Inc., Abstinence
Advantage Program, Erie, PA for abstinence education
and related services................................ 136,000
World Impact's Good Samaritan Clinic, Wichita, KS....... 300,000
Wyoming Dental Association, Laramie, WY to implement
comprehensive programs of recruitment and retention
of dental professionals............................. 360,000
Wyoming State Department of Health, Office of
Telehealth, Cheyenne, WY to create the Wyoming
Network for Telehealth (WyNETTE), improving the
quality and accessibility of healthcare for people
living in Wyoming's rural areas..................... 1,540,000
Wyoming Valley Health Care System, Wilkes-Barre, PA..... 550,000
Xavier University of Louisiana, New Orleans, LA......... 250,000
Yeshiva University, Albert Einstein College of Medicine,
Bronx, NY........................................... 500,000
YMCA of Western Stark County, Ohio...................... 1,000,000
YMCA, Elkins, WV........................................ 67,000
York County Human Life Services, Inc. York, PA for
abstinence education and related services........... 50,000
York Health Corporation, York, PA, to expand services of
the Nurse-Family Partnership program................ 50,000
The conference agreement includes bill language
identifying $250,000 for facilities renovation at the Gillis
Long Hansen's Disease Center as proposed by the Senate rather
than $248,000 as proposed by the House.
The conference agreement includes $4,850,000 for
malpractice insurance for volunteer physicians who practice at
free clinics as authorized by section 224(o) of the Public
Health Service Act instead of $10,000,000 as proposed by the
Senate. The House did not provide funding for this program.
The conference agreement includes bill language providing
$10,000,000 to remain available until expended to establish a
National Cord Blood Stem Cell Bank Program within HRSA, which
will provide funds to a network of cord blood banks with two
specific aims: (1) building an inventory of the highest quality
cord blood units for use as unrelated donor grafts for patients
who lack human leukocyte antigen (HLA)-matched sibling donors
and (2) ensuring an integrated system through which physicians
and patients are able to locate a suitably matched cord blood
unit or adult volunteer bone marrow donor via a single,
electronic access point. The conferees intend that this program
be administered by HRSA.
Because this is a new and developing field, the conferees
direct HRSA to use $1,000,000 of the funds provided for the
cord blood bank to contract with the Institute of Medicine
(IOM) to commission a study which shall be completed within
twelve months of enactment of this Act. The study should
recommend an optimal structure for the cord blood program and
address pertinent issues to maximize the potential of this
technology, including collection, storage, standards setting,
information sharing, distribution, reimbursement, research and
outcome measures. The IOM should receive input from experts
including: (a) transplant physicians with expertise in the use
of cord blood for unrelated marrow transplantation; (b) experts
in the analysis of clinical outcomes after bone marrow and cord
blood stem cell transplantations; (c) experts on HLA typing for
transplantation, especially experts with experience in
unrelated cord blood transplantation; (d) experts in medical
database development and management and web-based information
technology; (e) obstetricians familiar with programs for cord
blood donation for public use; (f) experts in cord blood
banking; (g) representatives of existing federally-funded and
other active cord blood and bone marrow registries; (h)
representatives of the Food and Drug Administration (FDA); (i)
experts in the accreditation of facilities for cord blood stem
cell preparation and transplantation; and (j) representatives
of the National Institutes of Health NHLBI Cord Blood
Transplantation Study. The conferees expect that no additional
monies will be expended until the IOM report is completed and
that by the end of fiscal year 2005, HRSA will implement the
program following the IOM recommendations. The Secretary shall
notify the Appropriations Committees of both Houses of Congress
at least fifteen days prior to the release of funds for this
program.
The conferees understand that cord blood is part of a
continuum of transplantation treatment and support further
research in cord blood transplantation. A portion of the cord
blood units collected using these funds should be available for
the performance of pre-clinical and clinical research focusing
on cord blood stem cell biology and the use of umbilical cord
blood stem cells for human transplantation and cellular
therapies. The conferees recognize the importance of Federal
oversight to protect public health and safety, and expect that
funds will be directed to cord blood banks that comply with all
FDA requirements and have obtained any necessary licenses. The
conferees intend that this program should be available to
currently established cord blood banks with active collection
programs operating under an approved IND from the FDA.
The conference agreement includes bill language
identifying $39,740,000 for the rural hospital flexibility
grants program as provided by both the House and Senate. Within
the total provided, $15,000,000 is for the Small Rural Hospital
Improvement Grant program.
The conference agreement includes bill language
identifying $280,000,000 for family planning instead of
$273,350,000 as proposed by the House and $283,350,000 as
proposed by the Senate.
The conferees have included bill language identifying
$25,000,000 for existing community health centers for economic
stabilization and to offset the rising cost of current
services. The conferees expect HRSA to use this funding to
increase basic support for existing health centers based on
performance-related criteria. The House and Senate reports
included a similar directive.
To address the problem of rising expenditures for
prescription drugs, the conferees recognize that, increasingly,
use is being made of the Public Health Service drug discount
program by its grantees, their patients, and third-party
payers, such as State Medicaid plans. Congress has funded an
increase in the number of community health centers and other
safety net health care providers. However, the process for
quarterly updating of the list of providers certified for the
drug discount program acts as an unnecessaryadministrative
barrier to more immediate access to the lower drug prices. Therefore,
the conferees direct the Public Health Service to adopt procedures for
immediate access to the drug discounts for qualified entities that are
specified in section 340B of the Public Health Service Act.
The conferees remain concerned that the effort to
restructure HRSA programs and grants management may be having a
negative effect on the stability of many HRSA grantees.
Specifically, the restructuring of HRSA's project officer
system has proven to be detrimental to new grantees, that often
need immediate, high quality technical assistance to
successfully deliver care in their communities and meet complex
program requirements. The conferees expect HRSA to work with
all stakeholders to improve the availability of accurate
information and policy clarifications from HRSA. The conferees
also expect HRSA to improve the timeliness of award notices and
the notices of the availability of new funds.
The conferees recently learned that, due to certain
requirements under Section 330 of the Public Health Service
Act, a number of school-based health centers that had
previously received funding under the community health centers
program are now ineligible for such funding. Recognizing the
contribution that these entities have made in their respective
communities, the conferees strongly urge HRSA to make these
previously funded programs eligible for funding in fiscal year
2004. The conferees further urge HRSA to develop
recommendations for overcoming this problem in the future.
The conference agreement provides $12,000,000 for Native
Hawaiian health care activities within the consolidated health
centers program instead of $15,000,000 as provided by the
Senate. The House did not identify specific funding for Native
Hawaiian activities.
The conference agreement includes $2,056,956,000 for Ryan
White AIDS programs, of which $2,031,956,000 is provided as
budget authority and $25,000,000 is provided from program
evaluation funding under section 241 of the Public Health
Service Act to carry out Ryan White Special Projects of
National Significance. The House had provided $2,023,599,000,
while the Senate provided $2,041,599,000, of which $25,000,000
was from program evaluation funding. The agreement includes
bill language identifying $753,317,000 for the Ryan White Title
II State AIDS drug assistance programs as proposed by the House
instead of $739,000,000 as proposed by the Senate.
Within the total for Ryan White AIDS programs, no less
than the amount provided in fiscal year 2003 is included for
AIDS activities that are targeted to address the growing HIV/
AIDS epidemic and its disproportionate impact upon communities
of color, including African Americans, Latinos, Native
Americans, Asian Americans, Native Hawaiians, and Pacific
Islanders.
The conferees are concerned by the increasing prevalence
of hepatitis C-HIV co-infection. Co-infection of the hepatitis
C virus (HCV) in HIV infected patients has become the leading
cause of AIDS mortality in some parts of the country. The death
rate is higher and life expectancy shorter for co-infection
patients than for patients who have only HIV. To address this
growing problem, the conferees urge HRSA to encourage State
ADAPs to offer co-infected patients access to approved
hepatitis C treatments as their resources allow, to ensure that
the Ryan White critical care funded programs (including Title
III & IV clinics) provide opportunities for training care
givers and clinicians to treat co-infected patients, and to
ensure that AETCs address the need for physician education on
HCV/HIV co-infection.
The conferees recognize that it is essential for the
Title IV program to maximize funds going for services to women,
children, families and youth and to place an appropriate limit
on administrative expenses. The conferees agree with HRSA that,
due to the time constraints related to the approaching
application deadline, it is not possible to institute this
limitation in fiscal year 2004 for grants that would be awarded
in August 2004. In addition, the conferees have concerns with
the quality of the data that have been collected for
calculating the proposed cap. In the Notice regarding the
proposal that was placed in the Federal Register on August 12,
2003, the definition of ``administrative expenses'' was
undetermined; however, data were given regarding the
administrative expenses of the various Title IV grantees. These
data may or may not have included indirect costs. As a result
of the lack of a precise definition, the grantees may have
provided incorrect information regarding their administrative
expenses. The conferees agree that these data must be accurate
to determine a fair limitation on administrative expenses that
ensures that the Title IV grantees remain viable and able to
provide services for women, children, youth, and families
infected with HIV. Since the earliest that this limitation may
be put into effect is fiscal year 2005 for grants that will be
awarded in August 2005, the conferees strongly urge HRSA to re-
collect data regarding administrative expenses with a precise
definition to ensure accuracy and comparability.
The conferees concur in the Senate report language
regarding 90 percent of total title IV funding being provided
to grantees and primarily to support maintenance of existing
care services. The conferees also concur in the Senate report
language intending that HRSA use a significant portion ofthe
remaining funds to expand comprehensive services for youth. The
conferees also concur in Senate language regarding peer-based technical
assistance and a national consumer and provider education center.
The conference agreement includes bill language
designating $121,130,000 of the funds provided for the maternal
and child health block grant for special projects of regional
and national significance (SPRANS). The House bill provided
$117,831,000 for this activity while the Senate bill earmarked
$116,381,000 for this purpose. It is intended that $4,000,000
of the SPRANS amount will be used to continue the sickle cell
newborn screening program and its locally based outreach and
counseling efforts. In addition, $5,000,000 of the SPRANS
amount will be used to continue the oral health demonstration
programs and activities in the States. The conference agreement
also includes within the SPRANS set-aside $1,600,000 for mental
health programs and activities in the States as outlined in the
Senate report, $3,000,000 to begin an epilepsy demonstration,
and $2,000,000 for newborn and child screening for heritable
disorders as authorized in Title XXVI of the Children's Health
Act of 2000. The heritable disorders program is designed to
strengthen States' newborn screening programs and improve
States' ability to develop, evaluate, and acquire innovative
testing technologies, and establish and improve programs to
provide screening, counseling, testing and special services for
newborns and children at risk for heritable disorders.
The conference agreement includes $74,988,000 for
abstinence education programs instead of $65,000,000 as
proposed by the House and $73,044,000 as proposed by the
Senate. The conference agreement includes $4,500,000 in program
evaluation funds for the abstinence education program and
$70,488,000 in budget authority. The program evaluation funds
are to be used for evaluation of adolescent pregnancy
prevention programs. Because the program evaluation funds are
provided in addition to the budget authority for the abstinence
education program, the conference agreement strikes language in
both the House and Senate bills permitting the budget authority
to be used for evaluation and setting a limit of 3.5 percent of
the total provided for such purposes. The conferees concur in
language included in the House report regarding technical
assistance and capacity building and language included in the
Senate report about grantees with project periods expiring in
fiscal year 2003.
The conference agreement includes $500,000 for rural
emergency service training and equipment assistance instead of
$1,000,000 as proposed by the Senate. The specific bill
language providing the funding has been deleted and the funding
included in the table at the end of the statement of managers.
The conference agreement includes $11,000,000 for rural
and community access to rural devices. This includes
$10,000,000 for the rural program under section 413 of the
Public Health Service Act and $1,000,000 for the new community
access demonstration under section 313.
The conference agreement includes $438,748,000 for health
professions instead of $391,203,000 as proposed by the House.
The Senate provided $423,765,000 for a consolidated health
professions line as well as $50,000,000 for nurse training.
The conferees concur in the House report language
allocating fiscal year 2003 level funding for graduate
psychology education and geropsychology and $19,000,000 for
geriatric education centers, $7,000,000 for geriatric training,
and $6,000,000 for geriatric academic career awards. The
conferees concur in Senate report language allocating at least
$5,500,000 for the pediatric dental program and providing
continued funding for the chiropractic-medical school
demonstration grant program.
The conference agreement provides $142,763,000 for nurse
training programs within the health professions training total.
In using the increase in funding provided above the fiscal year
2003 level under Nurse Education, Practice, and Retention
Grants, the conferees expect HRSA to give preference in funding
to internship and residency programs, career ladder programs,
and enhancing patient care delivery systems. The conferees
intend that a portion of the funding provided for loan
repayment and scholarships be used for scholarships in exchange
for two years of service at health care facilities with
critical shortages of nurses.
The conferees continue to be concerned about the health
care needs of those in the Mississippi River Delta region. The
conferees provide $6,800,000 for rural health outreach to
continue the ongoing initiative in eight States. These grants
provide funding and technical assistance to help underserved
rural communities identify and better address their health care
needs and to help small rural hospitals improve their financial
and operational performance. The conferees further recommend
that HRSA consult with the Delta Regional Authority and the
Delta Health Alliance, given their ongoing relationships with
communities in the Delta.
The conferees concur with the Senate report language
regarding frontier extended stay clinics.
The conferees support the Student Resident Experiences
and Rotations in Community Health (SEARCH) program within the
National Health Service Corps and intend that HRSA continue
this program in fiscal year 2004.
The conference agreement includes $35,000,000 for the
Denali Commission instead of $40,000,000 as proposed by the
Senate. The House did not include funding for the Commission.
The conference agreement includes a general provision, section
222, amending the Denali Commission Act of 1998 to clarify that
the Commission has authority to use the interagency transfer
mechanism rather than grants to receive the funding provided in
this Act. The conferees concur in language in the Senate report
indicating that the Denali Commission should allocate funds to
a mix of service facilities. Within the funds provided,
$2,500,000 is provided to acquire medical equipment for rural
clinics and hospitals, such as an x-ray machine for Seldovia,
AK, and $5,000,000 shall be used for upgrade and construction
of shelters for victims of domestic violence.
The conferees concur in language in the Senate report
identifying $3,000,000 within traumatic brain injury funding
for protection and advocacy services.
The conference agreement includes $104,317,000 for the
community access program as proposed by the House. The Senate
did not provide funding for this program. The conferees
encourage HRSA, through the Community Access Program, to
establish demonstration projects between community health
centers and minority health professions schools for the purpose
of health status disparities research and data collection. Such
demonstration projects were authorized in the Health Care
Safety Net Amendments of 2002.
The conference agreement includes $150,000,000 for
program management instead of $155,974,000 as provided by the
House and $146,686,000 as provided by the Senate.
The conferees expect HRSA to use no more than one percent
of the funds allocated for projects for agency administrative
expenses.
The Ricky Ray Hemophilia Relief Act of 1998 established
the Ricky Ray Hemophilia Relief Fund to provide compassionate
payments to certain individuals affected by HIV transmission
via contaminated blood products. The fund terminated by law on
November 12, 2003. The conferees are aware of approximately 28
cases that may still be adjudicated. The conferees understand
that HRSA has made budgetary arrangements in anticipation of
potential additional payments. The conferees expect HRSA to
report to the House and Senate Appropriations Committees on the
status of these potential payments by February 1, 2004.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
The conference agreement includes $3,222,000 for the
administrative costs associated with the Vaccine Injury
Compensation Program instead of $3,472,000 as proposed by the
House and $2,972,000 as proposed by the Senate.
CENTERS FOR DISEASE CONTROL AND PREVENTION
Disease Control, Research, and Training
The conference agreement includes $4,545,472,000 for
disease control, research, and training at the Centers for
Disease Control and Prevention (CDC), instead of $4,588,671,000
as proposed by the House and $4,494,496,000 as proposed by the
Senate. In addition, $212,134,000 is made available under
Section 241 of the Public Health Service Act, the same as
proposed by the Senate. The House bill proposed that
$13,226,000 be derived under Section 241 authority.
The conference agreement includes language proposed by
the Senate inserting the word ``purchase'' before the phrase,
``hire, maintenance, and operation of aircraft.'' The House
proposed no similar language.
The conference agreement includes bill language
earmarking $262,000,000 for equipment, construction, and
renovation of facilities, instead of $260,000,000 as proposed
by the Senate. The House proposed $206,000,000 for this
activity. Within this total, $250,000,000 is for continuation
of CDC's Facilities in Atlanta and $9,600,000 is for the second
year costs of replacing CDC's infectious disease laboratory in
Fort Collins, Colorado and $2,400,000 is to begin replacement
of CDC's facilities in Cincinnati, Ohio. The conferees continue
to support the implementation of CDC's Buildings and Facilities
Master Plan and are pleased with the progress made to date.
The conferees expect the CDC to utilize a portion of the
funds provided for buildings and facilities to continue and
expand security improvements to ensure critical information
reliability for response to critical events, as well as to
conduct increasingly varied public health missions.
The conference agreement includes bill language to allow
the Centers for Disease Control and Prevention (CDC) to enter
into a single contract or related contracts for the full scope
of development and construction of facilities as proposed by
both the House and the Senate. The conference agreement also
includes bill language to allow funds appropriated to the CDC
to be used to enter into a long-term ground lease for
construction on non-Federal land, in order to replace their
laboratory in the Fort Collins, Colorado area as proposed by
both the House and Senate.
The conference agreement includes bill language to
earmark $293,569,000 for international HIV/AIDS, with
$150,000,000 earmarked for the International Mother and Child
HIV Prevention Initiative, the same as proposed by the Senate.
The House proposed $242,569,000 for international HIV/AIDS,
with $100,000,000 earmarked for the International Mother and
Child HIV Prevention Initiative.
The conference agreement includes bill language as
proposed by the Senate designating that the following amounts
shall be available under section 241 (Public Health Service Act
evaluation set-aside) for the specified activities:
$127,634,000--National Center for Health Statistics
Surveys
$14,000,000--National Immunization Surveys
$28,600,000--Information Systems Standards
Development and Architecture and Applications-based
Research Used at Local Public Health Levels
$41,900,000--Research Tools and Approaches within
the National Occupational Research Agenda
The House bill provided that $13,226,000 be derived from
section 241 for National Center for Health Statistics surveys.
Birth Defects
The conference agreement includes $113,513,000 for birth
defects, developmental disabilities, disability and health
instead of $106,339,000 as proposed by the House and
$110,639,000 as proposed by the Senate.
Within the total, the following amounts are provided for
the specified activities above the comparable amount for fiscal
year 2003:
$5,244,000 to expand autism surveillance and
education activities;
$1,000,000 to expand research activities conducted
by the regional Centers for Birth Defects Research and
Prevention;
$250,000 to expand activities related to Fetal
Alcohol Syndrome;
$1,000,000 to expand the National Spina Bifida
program;
$1,500,000 to establish a public health education
and research program concerning Tourette syndrome;
$1,500,000 to expand surveillance and
epidemiological efforts of Duchenne and Becker muscular
dystrophy;
$750,000 to expand support for the Special Olympics
Healthy Athletes Initiative;
$2,500,000 to expand the work of the Paralysis
Resource Center;
$1,000,000 to expand disability prevention
activities;
$300,000 to expand the newborn infant screening
program;
$250,000 to expand Limb Loss activities;
$500,000 to establish a craniofacial malformation
program; and
$274,000 to expand the work of the Attention
Deficit Resource Centers.
The conference agreement includes $3,000,000 above the
fiscal year 2003 level for the support and expansion of CDC's
State autism surveillance program. In addition, $2,244,000 is
provided to establish a national awareness and education
program that will widely disseminate information regarding
autism identification and diagnosis to both families and health
care providers as authorized by Sec. 103 of the Children's
Health Act of 2000. This program should be administered and
piloted in partnership with voluntary organizations already
working in the autism community.
The conferees concur that the status report on autism
data collection requested by both the House and Senate is due
by March 1, 2004.
The conference agreement includes $1,500,000 to establish
a public health and research program in partnership with a
national voluntary health association dedicated to assist
parents and families of children with Tourette Syndrome as
proposed by both the House and Senate.
The conferees continue to support strongly the
partnership between CDC and the Christopher and Dana Reeve
Paralysis Resource Center and intend that within the increase
provided: $500,000 be used to fund up to three applied research
projects to translate clinical rehabilitation treadmill therapy
to community-based settings and to train health care
professionals to deliver this intervention; and $2,000,000 be
used to expand the work of the Resource Center.
The conferees commend CDC for its partnership with CHADD
in developing an AD/HD Resource Center and has provided an
increase of $274,000 above fiscal year 2003 to expand the
Resource Center in an effort to respond to the overwhelming
demand for information and support services. The conferees
intend that the full amount of the increase be awarded to the
Resource Center.
The conferees commend CDC for its partnership with
Amputee Coalition of America on the National Limb Loss
Information Center. The conferees intend that the full amount
of the increase provided be awarded to the Information Center.
The conference agreement includes $500,000 for
craniofacial malformation activities. The conferees concur with
language in the Senate report regarding the establishment of a
craniofacial malformation and development registry and the
creation of a plan for an information clearinghouse for parents
and physicians.
The conference agreement includes sufficient funds above
the request for CDC to initiate in fiscal year 2004
epidemiological and population-based studies on individuals
with Down syndrome as outlined in the House and Senate reports.
Chronic Disease Prevention and Health Promotion
The conference agreement includes $859,065,000 for
chronic disease prevention and health promotion instead of
$862,011,000 as proposed by the House and $801,844,000 as
proposed by the Senate. Programs within this account are funded
at the following levels:
Heart Disease and Stroke................................ $46,000,000
Cancer Prevention and Control........................... 315,631,000
Diabetes................................................ 67,342,000
Arthritis and Other Chronic Diseases.................... 24,501,000
Tobacco................................................. 100,100,000
Nutrition/Physical Activity............................. 45,000,000
Community Health Promotion.............................. 24,064,000
School Health........................................... 62,835,000
Safe Motherhood/Infant Health........................... 54,252,000
Oral Health............................................. 12,510,000
Prevention Centers...................................... 26,830,000
VERB (Youth Media) Campaign............................. 36,000,000
Steps to a Healthier U.S................................ 44,000,000
Within the amounts provided for Cancer Prevention and
Control $210,929,000 is for the Breast and Cervical Cancer
Screening Program; $50,000,000 is for Cancer Registries;
$15,000,000 is for Colorectal Cancer; $12,000,000 is for
Comprehensive Cancer; $4,950,000 is for Ovarian Cancer;
$15,555,000 is for Prostate Cancer; $5,000,000 is for the
Geraldine Ferraro Cancer Education Program; and $2,197,000 is
for Skin Cancer.
The conferees applaud the ongoing work at CDC, in
conjunction with the Lance Armstrong Foundation, to develop a
National Cancer Survivorship Action Plan. The conferees also
urge the CDC to develop a cancer survivorship resource center
focused on the post-treatment needs and long-term survivorship/
quality of life issues.
The conferees are aware that survival rates of the most
lethal cancers, including lung, esophageal, liver, and
pancreatic cancer, remain at or below 15 percent. Further, the
conferees understand that the University of Kentucky, Markey
Cancer Center, has begun a three-year effort to establish a
state-of-the-art early detection and outreach program for a
rural, medically underserved population with links to best
treatment practices, clinical trials, and relevant
translational research. Upon its completion, the conferees
request that the Secretary, through the Director of the CDC,
assess both the design and findings of this project, and report
to the House and Senate Appropriations Committees on the
project's outcomes and any recommendations to increase the
survival rates of lethal cancers.
Within the amounts available for Arthritis and Other
Chronic Diseases, the agreement provides an increase over
fiscal year 2003 of $250,000 for the expansion of State-based
arthritis programs and collaborations with the relevant
voluntary health organizations and of $750,000 to enhance
epilepsy efforts, in partnership with a national non-profit
organization that works on behalf of children and adults
affected by seizures. In addition, $1,000,000 is available
within Arthritis and Other Chronic Diseases to continue support
for the National Lupus Patient Registry.
The conferees encourage the CDC to develop a partnership
with a national voluntary health association dedicated to
assisting persons with Interstitial Cystitis (IC) and undertake
initiatives to expand public and professional education efforts
concerning IC and enhance the understanding of IC through
epidemiological studies.
Within amounts provided for Community Health Promotion,
$8,100,000 is provided to support and expand the Behavioral
Risk Factor Surveillance Systems, $2,982,000 is provided for
continuing and expanding a model project that is testing and
evaluating the efficacy of glaucoma screening using mobile
units, $2,887,000 is for the national vision screening and
education program, and $1,800,000 is for the Mind-Body Medical
Institute in Boston, Massachusetts to continue practice-based
assessments, identification, and study of promising and
heavily-used mind/body practices.
The conferees concur with language included in the Senate
report regarding the Sudden Infant Death Syndrome (SIDS) death
scene protocol and have provided $300,000 to support projects
to demonstrate the protocol's effectiveness from within funds
available under Safe Motherhood and Infant Health.
The conference agreement includes $36,000,000 for the
VERB (Youth Media) campaign. The conferees intend that the
funds provided for fiscal year 2004 be used to augment the
media buy for phase 3 of the campaign and encourage the CDC to
use these enhanced resources to leverage additional in-kind
contributions.
The conferees encourage the CDC to develop partnerships
with national organizations to enhance the reach and impact of
the STEPS program by coordinating and delivering program models
to additional communities across America, including in rural
and disadvantaged communities. Potential partners should have
experience directly providingyouth-development programs, long-
standing dedication to promoting lifelong health, and a commitment to
serving all ages, incomes, and abilities.
Within the amount for Nutrition and Physical Activity,
the conference agreement includes $1,000,000 to support a
comprehensive review of the effects of food marketing on
children's diet and health, including the characteristics of
effective marketing of foods to children to promote healthy
food choices. The conferees request that upon completion of the
review, a report detailing the review's findings be submitted
to the appropriate Committees of jurisdiction of the Congress.
Environmental Health
The conference agreement includes $184,629,000 for
environmental health instead of $184,829,000 as proposed by the
House and $184,329,000 as proposed by the Senate.
Within the total provided: $38,518,000 is for the
environmental health laboratory; $66,728,000 is for
environmental health activities (including $2,200,000 to
continue the physician education and public awareness program
for primary immune deficiency disease as implemented by the
Jeffrey Modell Foundation, and $27,900,000 to continue the
health-tracking network); $37,386,000 is for asthma; and
$41,997,000 is for childhood lead poisoning.
The conferees support the continuation of CDC's work
responding to, and preventing adverse health effects of complex
humanitarian emergencies around the world and commend CDC for
supporting organizations that apply public health strategies to
mitigate the impact of conflict on civilian populations in Iraq
and elsewhere.
Epidemic Services
The conference agreement includes $92,494,000 for
epidemic services and response, instead of $82,494,000 as
proposed by the House and $127,494,000 as proposed by the
Senate.
The conference agreement includes $15,000,000 above the
comparable level for fiscal year 2003 for the Director to
expand global disease detection capabilities. The conferees are
aware that approximately thirty previously unheard of
infectious diseases were discovered in the last thirty years.
The conferees intend that the increased funds provided for
global disease detection be allocated in the manner determined
by the Director of CDC to enhance the capability to detect and
track global outbreaks of disease.
The conferees commend CDC for its partnership with the
Landmine Survivor Network and have provided funds within
Epidemic Services to support the Network at not less than the
fiscal year 2003 level.
Health Statistics
The conference agreement includes $127,634,000 for Health
Statistics, to be derived from amounts made available under
Section 241 of the Public Health Service Act, the same as
proposed by the Senate. The House proposed $125,899,000 for
Health Statistics, of which $13,226,000 was to be derived from
amounts made available under Section 241 of the Public Health
Service Act.
HIV/AIDS, STD and TB Prevention
The conference agreement includes $1,299,388,000 for HIV/
AIDS, STD and TB prevention instead of $1,247,388,000 as
proposed by the House and $1,301,388,000 as proposed by the
Senate.
Included in this amount is $993,189,000 for HIV/AIDS
activities, of which $293,569,000 is for global HIV/AIDS
activities; $169,072,000 for STD activities; and $137,127,000
for TB activities. Within the funds provided for global HIV/
AIDS, $150,000,000 is for the International Mother and Child
HIV Prevention Initiative.
Within the total for HIV/AIDS, $104,000,000 is provided
to continue CDC's support of activities that are targeted to
address the growing HIV/AIDS epidemic and its disparate impact
on communities of color, including African Americans, Latinos,
Native Americans, Asian Americans, Native Hawaiians, and
Pacific Islanders. The conferees intend that CDC follow the
report accompanying the Labor, HHS and Education and Related
Agencies Appropriations Act, 2002 regarding the disbursement of
these funds, including continuing support for the Directly
Funded Minority Community Based Organization Program.
The conferees urge the Director to continue and to
strengthen CDC support of community-based organizations and
faith-based organizations in their efforts to provide
culturally and linguistically appropriate primary and secondary
HIV prevention programs. The conferees are aware of recent
concerns regarding instability in the recompetition process and
encourage the CDC to provide directly funded community and
faith based organizations with technical assistance and
capacity building support in order to promote effective and
sustainable programs.
Within the total for STD activities, $500,000 is for CDC
to carry out a competitive grant program to strengthen local
capacity on Indian reservations to screen for and treat
sexually transmitted diseases and to educate local populations
about such diseases and their consequences, as well as how
transmission of such diseases can be prevented.
The conferees urge CDC to utilize $1,000,000 of the
increase provided for Tuberculosis (TB) prevention to partner
with a private foundation uniquely qualified to test new TB
vaccines and that has implemented a large-scale community-based
TB vaccine field trial. CDC should utilize its cooperative
agreement mechanisms to ensure that the agency has the
opportunity to provide technical assistance and guidance to
this important partnership, especially with regard to
epidemiology.
The conferees request that the Director prepare a plan to
comprehensively address blood safety and injection safety in
Africa under the Global AIDS program, to be completed and
submitted to the Committees on Appropriations of the House and
Senate no later than 120 days after enactment of this Act. The
plan should ensure that all injections occur in a safe manner,
through provision of an adequate supply of safe injection
equipment, preferably non-reusable syringes, provider
education, and waste management, and to foster ``appropriate
use'' of injections in order to reduce the number of
unnecessary injections administered. Similarly, the plan should
reflect an emphasis on both increasing the blood supply through
donor recruitment and ensuring its safety through proper
screening of donors and donated blood as well as the
development or improvement of a robust national blood service.
In addition, provision should be made for provider education
and other measures necessary to ensure the appropriate use of
donated blood and to discourage unnecessary or inappropriate
uses.
Immunization
The conference agreement includes a discretionary program
level total of $633,385,000 for immunization, instead of
$650,586,000 as proposed by the House and $641,686,000 as
proposed by the Senate. In addition, $14,000,000 is for
national immunization surveys to be derived from section 241
evaluation set-aside funds, the same as proposed by the Senate.
The House bill included no similar provision.
The conferees note that the National Vaccine Program
Office, formerly housed within CDC, will be transferred to the
Office of the Secretary. Accordingly, the appropriation for
immunization has been reduced and the $7,301,000 requested to
support that office is appropriated within the Office of the
Secretary, General Departmental Management account.
In addition, the Vaccines for Children (VFC) program
funded through the Medicaid program is expected to provide
$980,196,000 in vaccine purchases and distribution support in
fiscal year 2004, for a total immunization program level of
$1,627,581,000.
Included in the amount provided is $495,464,000 for the
section 317 program, and $151,921,000 for global immunization
activities. Within the total available for global immunization,
$106,400,000 is for global polio eradication activities, and
$45,521,000 for other global activities, including the global
measles program.
The conferees are aware of sensitivities about research
involving the safety of childhood vaccines. CDC's Vaccine
Safety Datalink Data Sharing Program allows external
researchers to assess vaccine safety by analyzing data from
managed care organizations. The conferees believe that it is
essential that these data be available in a way that allows for
independent review while at the same time protects
confidentiality and complies with regulations for the
protection of human subjects involved in research. The
conferees urge that CDC continue to assure access to these data
and appropriately preserve final datasets for vaccine safety
studies and datasets created by CDC for external researchers
through the Vaccine Safety Datalink Data Sharing Program.
Infectious Diseases
The conference agreement includes $372,503,000 for
infectious diseases instead of $382,226,000 as proposed by the
House and $372,760,000 as proposed by the Senate.
Within the total provided, $9,000,000 above fiscal year
2003 is provided for areas of highest scientific and
programmatic priority for preparing and responding to present
and emerging infectious disease threats.
Within the total provided, $2,000,000 above fiscal year
2003 is to augment CDC's resources for supporting States in
developing and implementing effective surveillance, prevention,
and mosquito control to effectively combat West Nile Virus and
support research on the biology of the disease.
Within the total provided, $911,000 above fiscal year
2003 is to expand research, prevention and control activities
on malaria and to continue CDC's Global Malaria Initiative.
Within the total provided, $1,000,000 above fiscal year
2003 is to expand and improve surveillance, research, and
prevention activities on prion disease. The conferees intend
that a significant portion of the increase be used to expand
support for the National Prion Disease Pathology Surveillance
Center to augment the national autopsy network for prion
disease surveillance.
Within the total, $2,200,000 is provided to continue the
thalassemia blood safety surveillance program.
The conferees are deeply concerned by the largest known
outbreak of Hepatitis A in the Nation, which has been
developing in western Pennsylvania over the last few weeks. The
conferees understand that a CDC field investigation team is in
Beaver Falls, Pennsylvania working with State and local health
officials to determine the source of the outbreak and limit the
spread of the disease. The conferees commend the CDC's
response, and expect the CDC to continue and expand these
efforts to contain this specific outbreak and to prevent future
occurrences.
The conferees are pleased that CDC has branched into new
areas of Chronic Fatigue Syndrome (CFS) research and medical
education in the four-year period in which the $12,900,000 is
being restored to the CFS program. The conferees expect that
the payback period will be extended through fiscal year 2005.
Injury Control
The conference agreement includes $154,632,000 for injury
control, instead of $152,414,000 as proposed by the House and
$152,409,000 as proposed by the Senate.
Within the total provided, $3,750,000 is to extend
implementation of the National Violent Death Reporting System,
$8,700,000 is for child maltreatment prevention activities, and
$5,224,000 is for the Traumatic Brain Injury prevention
program. In addition, sufficient funds are included to continue
support for all existing Injury Control Research Centers.
Occupational Safety and Health
The conference agreement provides $236,985,000 for
occupational safety and health, instead of $273,385,000 as
proposed by the House and $240,485,000 as proposed by the
Senate. In addition, $41,900,000 is available to carry out
Research Tools and Approaches activities within the National
Occupational Research Agenda (NORA) to be derived from section
241 evaluation set-aside funds as proposed by the Senate. This
brings the comparable program level to $278,885,000. The House
bill had no similar provision.
Within the total provided, $19,700,000 is for the
Education and Research Centers and $26,000,000 above the
request is for research activities in support of implementation
of NORA.
Also within the total provided, $3,500,000 above the
fiscal year 2003 level is provided for the National Personal
Protective Technologies Laboratory. The conferees intend that
the funds be used in the manner outlined in the Senate report.
The conference agreement also includes sufficient funds
to continue the farm health and safety initiative, the
construction safety and health program, and to purchase
personal dosimetry monitors as outlined in the House report.
Public Health Improvement
The conference agreement includes $143,082,000 for public
health improvement instead of $144,530,000 as proposed by the
House and $106,789,000 as proposed by the Senate. In addition,
$28,600,000 is available to carry out information systems
standards development and architecture and applications-based
research used at local public health levels to be derived from
section 241 evaluation set-aside funds, as proposed by the
Senate. The House bill included no similar provision.
The conference agreement includes $15,000,000 within
Public Health Improvement to expand public health research that
is determined by the Director as having high scientific and
programmatic priority.
Funds requested within public health improvement for
development and implementation of a nationwide environmental
health-tracking network have been provided for within the CDC's
environmental health activities program.
The conference agreement includes $500,000 to continue
the Comprehensive Assessment of Rural Health in Iowa (CARHI),
in conjunction with the Iowa Department of Public Health.
The conferees include the following amounts for the
following projects and activities in fiscal year 2004:
Allergy/Asthma Foundation of Alaska and The Alaska Lung
Association for programs aimed at preventing youth
smoking............................................. 250,000
American Trauma Society, Upper Marlboro, MD to develop
trauma response curriculum.......................... 100,000
American Vitiligo Research Foundation, Clearwater, FL,
for public and health professional education
regarding Vitiligo.................................. 250,000
BioAdvance, Philadelphia, PA to strengthen
bioinformatics training activities.................. 100,000
Black Hills State University in Spearfish, South Dakota
for the West River Task Force on Fetal Alcohol
Syndrome/Effect..................................... 200,000
Burlington Community College, Pemberton, NJ, for
equipment for high-tech simulation training of
handling chemical and biological hazards............ 800,000
Center for Disaster Epidemiology & Preparedness,
Department of Epidemiology and Public Health,
University of Miami School of Medicine, Miami, FL,
to establish a Specialty Center for Public Health
Preparedness focused on Hispanic Training on
Disasters........................................... 166,000
Center for Mind Body Medicine, Washington, DC, to train
health and mental health professionals in treating
war and terrorism related trauma in the U.S. and
abroad.............................................. 100,000
Chester County Hospital, West Chester, PA to establish
home monitoring systems for patients with congestive
heart failure....................................... 250,000
City of Waterloo, Iowa, for expansion of Fire PALS, a
school-based injury prevention program.............. 150,000
Clarion University, Clarion, PA for a smoking cessation
and prevention campaign............................. 50,000
Community College Foundation, Sacramento, CA, for the
ePassport foster child health and education data
tracking program.................................... 2,000,000
Community Health Centers in Hawaii for Childhood Rural
Asthma Project...................................... 150,000
Community Lead Education and Reduction Program
(CLEARCorps), Minneapolis, Minnesota to provide
intervention training to detect the signs of
childhood lead poisoning and perform remediation of
affected homes...................................... 100,000
Delaware Valley Hepatitis Treatment, Research, and
Education Center (HepTREC), Melrose Park, PA to
enhance awareness, train support groups, and fund
programs for patients............................... 75,000
Delta State University, Cleveland, MS for the Delta
Health Alliance Agri-Medicine Initiative............ 500,000
DuPage County Health Department, Wheaton, Illinois, for
security enhancements............................... 300,000
East Harlem Asthma Working Group for salaries and
treatment methods, focusing on teaching kids and
families how to cope with asthma.................... 100,000
East Tennessee State University, Division of Health
Sciences, Johnson City, TN, for the Appalachian
Cancer Demonstration Project........................ 375,000
Federation of American Scientists, Washington, DC, for a
biopreparedness demonstration project involving the
use of interactive simulation for training.......... 100,000
Friends of the Congressional Glaucoma Caucus,
Whitestone, New York, for demonstration project in
Southwest Texas to conduct screening for Glaucoma... 500,000
Georgia Rural Water Association, Georgia Environmental
Training and Education Authority for Small Community
Water Fluoridation.................................. 50,000
Gertrude Barber Center, Erie, PA, for autism
intervention & education............................ 150,000
Greater Cleveland Asthma Outreach, Cleveland, OH, to
expand asthma-related programs...................... 150,000
Gwynedd-Mercy College School of Education, Gwynedd
Valley, PA for the Prevention Education for Applied
Creativity against Emerging Threats program......... 75,000
Haymarket Center, Chicago, Illinois, for a project to
integrate chronic disease management with substance
abuse treatment..................................... 500,000
Health Care Improvement Foundation, PA for a public
health/bioterrorism disaster communications project. 100,000
Health Choice Network, Miami, FL for the Jessie Trice
Cancer prevention project........................... 350,000
Heidelberg College, Tiffin, Ohio, for equipment and
staffing at the Water Quality Laboratory............ 350,000
Hult Health Education Center, Peoria, Illinois, for
teacher training, technology equipment and
curriculum development for a data collection program
to integrate schools and community health resources. 75,000
I Care Foundation, Bethesda, MD, for epidemiological
studies related to Autism........................... 50,000
Illinois State University, Normal, IL, for a Physical
Education Obesity Prevention and Lifestyle
Enhancement (PEOPLE) program........................ 165,000
Inner Harmony Foundation, Clarks Summit, PA for
implementation of the New Beginnings Integrative
Cancer Care Program................................. 250,000
Institute for Cancer Prevention in New York, NY to
identify populations that have a decreased risk in
developing cancer and Alzheimer's Disease, design
mechanism-based strategies to prevent cancer and
Alzheimer's Disease in the general population....... 3,000,000
Iowa Department of Education to provide free fruits and
vegetables to schoolchildren........................ 1,000,000
Iowa Health Foundation to continue a pilot program on
chronic disease management.......................... 400,000
Iowa State University, Ames, IA for the Center for the
Study of Violence to identify factors that
contribute to the development of violence-prone
individuals......................................... 166,000
Iowa State University, Ames, IA for the Center for Food
Security and Public Health.......................... 1,000,000
Iron Disorders Institute in association with Penn State
University, College of Medicine, Hershey, PA to
establish a Center for the Study of Biometals....... 100,000
James Whitcombe Riley Hospital for Children,
Indianapolis, IN, for continuation of autism
programs at the Christian Sarkine Autism Treatment
Center.............................................. 500,000
Kent State University, Kent, OH, for The Northeast Ohio
Alliance for Biopreparedness........................ 750,000
Kids Health, Inc., Atlanta, GA, for an obesity
prevention initiative............................... 350,000
Kirkwood Community College in Cedar Rapids, IA for the
National Mass Fatalities Institute.................. 500,000
Lance Armstrong Foundation to perform services and
programs in consultation with Families in Search of
the Truth in Fallon, NV............................. 100,000
Lance Armstrong Foundation, Austin, TX for the National
Cancer Survivorship Resources Center................ 300,000
Lapeer Regional Hospital, Lapeer, MI, for an Asthma
Intervention and Management Program................. 25,000
Lawton and Rhea Chiles Center for Healthy Mothers and
Babies, University of South Florida, Tampa, FL, for
the National Friendly Access Program................ 500,000
Lifestyle Advantage, Pittsburgh, PA for the Lifestyle
Modification Program................................ 150,000
Louisiana State University Health Sciences Center in New
Orleans and Shreveport and the Tulane Health
Sciences Center for a statewide, targeted effort for
the detection and prevention of cancer.............. 500,000
Main Line Health, Bryn Mawr, PA to create a computer
system that will provide a standardized dosage
mechanism that cross-checks for errors, allergies,
and potential drug interaction...................... 200,000
Marion Downs Hearing Center, Denver, CO for the creation
of an international hearing center to provide
services, resources, education and research to
support the needs of individuals who are deaf and
hard of hearing..................................... 3,000,000
Mecklenburg County, North Carolina, for Charlotte ALERT
bioterrorism surveillance activities................ 300,000
Medical Institute for Sexual Health (MISH), Austin, TX,
for the development of curricula for medical
students and primary care residents related to
sexual health....................................... 400,000
Mississippi Department of Education to provide free
fruits and vegetables to schoolchildren............. 1,000,000
Monterey Institute, Center for Nonproliferation Studies,
Monterey, CA, for enhancing bioterrorism
preparedness........................................ 1,000,000
Montgomery County, PA for a pilot program to provide
communications interoperability for fire, police,
and EMS in the event of a bioterrorism event........ 150,000
Northeast Regional Cancer Institute, Scranton, PA to
address the root cause of higher incidence of
colorectal cancer in northeastern PA................ 100,000
Northern Arizona University, Flagstaff, AZ, for the
Center for Bioterrorism Forensics and Genomic
Research............................................ 300,000
Oral Vaccine Institute in Las Vegas, NV for the
development of innovative vaccine delivery
alternatives........................................ 900,000
Osteopathic Medical Center of Texas, Fort Worth, TX, for
the study of the use of hyperbaric oxygen therapy
for people with cerebral palsy and other disabling
conditions.......................................... 600,000
Partnership for Food Safety, Washington, DC, for The
Fight BAC! campaign to reduce the incidents of
foodborne illnesses................................. 500,000
Pennsylvania Breast Cancer Coalition, Ephrata, PA for
the development of a Pennsylvania health care
insurance resource guide............................ 25,000
Pennsylvania Tourette Syndrome Association Inc.,
Gettysburg, PA, to provide education, information
services, and workshops regarding Tourette Syndrome. 50,000
Pinnacle Health System, Harrisburg, PA to develop and
implement Pinnacle Health System's ``Safe Care
Delivery System,'' to use innovative technologies in
an effort to reduce medical errors.................. 250,000
Pueblo Community Diabetes Project, Pueblo, CO, for a
diabetes prevention initiative...................... 150,000
Saint Vincent Health Center, Erie, PA for a cardiac
disease management program.......................... 15,000
Save a Life Foundation, Schiller Park, IL, for training. 1,175,000
Sister to Sister--Everyone Has a Heart Foundation to
increase women's awareness of heart disease,
Washington, DC...................................... 400,000
Slippery Rock University, Slippery Rock, PA, for the
Center on Disability and Health to promote and
encourage regular physical activity................. 161,000
South Dakota State University College of Pharmacy in
Brookings, SD to support pharmacist immunization
training............................................ 60,000
Spinal Muscular Atrophy Foundation, New York, NY for a
spinal muscular atrophy initiative.................. 100,000
State of Alaska Department of Health and Social Services
Obesity Prevention and Control program.............. 500,000
Texas Children's Hospital, Houston, Texas, for a
Childhood Obesity Project........................... 350,000
Thaddeus Stevens College of Technology, Lancaster, PA,
for improved first responder communications......... 25,000
University of Findlay Center for Terrorism Preparedness,
Findlay, OH......................................... 250,000
University of Georgia Center for Leadership in Education
and Applied Research in Mass Destruction Defense
(CLEARMADD) to train public health professionals.... 225,000
University of Kentucky Research Foundation, Lexington,
KY, to establish a state-of-the-art early detection
and outreach program for a rural population with
high incidences and low survivability of lethal
cancers, including lung, esophageal, pancreatic, and
liver cancer........................................ 1,000,000
University of Kentucky, Lexington, KY, Center for
Improving Medication Related Healthcare Outcomes to
identify medication errors.......................... 1,000,000
University of Louisville Research Foundation, Louisville
KY, for the Center for Oral Health and Systemic
Disease............................................. 700,000
University of Louisville, Cardiovascular Innovation
Institute, Louisville, KY, for a Cardiac
Regeneration Program................................ 1,500,000
University of Louisville, Center for the Deterrence of
Bioterrorism and Biowarfare, Louisville, KY, to
educate public health officials in detecting and
responding to biological attacks.................... 1,500,000
University of Nebraska Medical Center, National
Biosecurity Center for Rural Health, Omaha, NE, to
develop and expand an electronic system to address
the threat of bioterrorism.......................... 1,000,000
University of North Texas Health Science Center at Forth
Worth, TX, for diabetes prevention and control...... 1,500,000
University of Northern Iowa, Youth Fitness and Obesity
Institute, Cedar Falls, IA for an evaluation of
preschool health programs........................... 525,000
University of Oklahoma, Norman, OK for the Center for
Chemical, Biological, Radiological and Nuclear
(CBRN) Countermeasures.............................. 400,000
University of Pittsburgh Medical Center, Pittsburgh, PA
for the Strategic Medical Intelligence Initiative... 150,000
University of Pittsburgh, Center for Sports Medicine,
Pittsburgh, PA, to determine the prevalence of knee
injuries in female athletes......................... 100,000
University of South Alabama, Mobile, AL for the Alabama
Birth Defects Monitoring and Prevention Center...... 250,000
University of South Alabama, Mobile, AL for the Diabetic
Lower Extremity Amputation Prevention Program....... 400,000
University of Tennessee, Department of Nutrition,
Knoxville, TN, for the Tennessee on the Move
initiative.......................................... 500,000
Visiting Nurse Association Healthcare Partners of Ohio,
Cleveland, OH, for the VNA--Healthy Town program.... 500,000
Washington and Jefferson College, Washington, PA for
Lyme disease prevention efforts..................... 100,000
Wayne County Michigan, Detroit, Michigan, for an infant
mortality prevention, education and outreach project 200,000
Office of the Director
The conference agreement includes $59,707,000 for the
activities of the Office of the Director, the same as proposed
by the Senate. The House proposed $49,707,000 for the Office of
the Director.
The conferees understand that CDC has elevated its Office
of Genomics and Disease Prevention to the Office of the CDC
Director and encourage CDC to continue its work to integrate
genomics across public health research and practice.
The conferees understand the urgent need to contact,
inform, and mobilize physicians during public health
emergencies. The conferees encourage the CDC to form
partnerships with entities and organizations that have
databases of physician contact information to facilitate rapid
communication of public health alerts.
The conferees urge CDC to continue its efforts to address
the unique needs of Native Hawaiians on dialysis in a
culturally sensitive manner.
The conferees are aware of potential cost savings that
may result from improved information technology,
administrative, and management processes and practices. The
conferees intend that any savings accrued in fiscal year 2004
as a result of these improvements must come only from internal
operational savings of the agency, and may be refocused only
into other intramural activities or extramural Public Health
Research activities related to the purposes for which those
funds were originally appropriated.
NATIONAL INSTITUTES OF HEALTH
National Cancer Institute
The conference agreement includes $4,770,519,000 for the
National Cancer Institute as proposed by both the House and the
Senate.
To increase the likelihood of a cure for every child with
cancer, the conferees urge NCI to increase its support of
translational research to accelerate the pace of pediatric
cancer clinical trials. The existing NCI-supported national
infrastructure of a clinical trials network should be the
dominant component of this accelerated effort.
The conferees encourage the Director of NCI to establish
a task force to explore the continuing unique needs of the
peoples of Hawaii and the Pacific Basin region.
The conferees concur with language in the House report
regarding the importance of the collaboration between NCI and
CDC regarding tobacco harm reduction. In addition, the
conferees urge the NCI to examine what additional scientific
research is needed to determine the relative risks of different
tobacco products.
National Heart, Lung and Blood Institute
The conference agreement includes $2,897,145,000 for the
National Heart, Lung and Blood Institute instead of
$2,897,595,000 as proposed by the Senate and $2,867,995,000 as
proposed by the House.
The conferees encourage NHLBI, in collaboration with the
Office of Rare Diseases, to develop standards of care for
pulmonary and cardiac complications associated with Duchenne
muscular dystrophy.
The conferees urge NHLBI to develop a set of treatment
guidelines for von Willebrand disease and further urge the
Institute to work with medical associations and experts in the
field when developing such guidelines.
National Institute of Dental and Craniofacial Research
The conference agreement includes $385,796,000 for the
National Institute of Dental and Craniofacial Research instead
of $386,396,000 as proposed by the Senate and $382,396,000 as
proposed by the House.
National Institute of Diabetes and Digestive and Kidney Diseases
The conference agreement includes $1,682,457,000 for the
National Institute of Diabetes and Digestive and Kidney
Diseases instead of $1,683,007,000 as proposed by the Senate
and $1,670,007,000 as proposed by the House. An amount of
$150,000,000 is also available to the Institute through a
permanent appropriation for juvenile diabetes.
The conferees recognize the research supported by the
NIDDK digestive diseases branch that is dedicated to the
treatment of functional gastrointestinal disorders, which
include irritable bowel syndrome. In addition to this important
research, the conferees encourage the digestive diseases branch
to support and fund basic, translational and clinical research
dedicated to developing effective diagnostic tests and
innovative treatments for gastrointestinal motility disorders
involving enteric neuromuscular dysfunction including, but not
limited to, chronic intestinal pseudo-obstruction,
gastroparesis, and colonic inertia.
The conferees were pleased to learn of the recent
discovery that an existing drug, already used on humans to
treat irregular fluid retention has also been found to retard
cyst production and disease progression in polycystic kidney
disease. The conferees urge NIDDK to conduct clinical trials to
follow up on these recent breakthroughs.
Branched chain ketoaciduria is a rare inherited disorder
that prevents the proper metabolism of the three branched-chain
amino acids found in all protein, and can lead to mental
retardation, physical disabilities and death. The conferees are
aware of modeling research currently being performed on mice,
with the goal of finding a permanent cure for the disease. The
conferees encourage NIDDK to provide support for this type of
research and other branched chain ketoaciduria-related
research.
The conferees applaud NIDDK for their efforts to combat
childhood obesity and encourage them to consider particular use
of the CDC's Prevention Research Centers as a mechanism through
which to award competitive grants for this initiative.
National Institute of Neurological Disorders and Stroke
The conference agreement includes $1,510,776,000 for the
National Institute of Neurological Disorders and Stroke instead
of $1,468,926,000 as proposed by the House and $1,510,926,000
as proposed by the Senate.
The conferees urge NINDS to increase its overall
investment in multiple sclerosis (MS) research. Special
emphasis on imaging, biological markers and clinical trials for
new therapeutics should be areas of high priority. The
conferees are pleased to note the development of a joint
symposium on MS genetics sponsored by NINDS and the National MS
Society, and encourage the Institute to take a more active role
at the NIH in furthering MS genetics research by developing
collaborative strategies with the National Human Genome
Research Institute and other relevant NIH institutes. The
conferees request that NIH report back to Congress no later
than September 30, 2004 with progress in its efforts to expand
its commitment to multiple sclerosis. The conferees also are
pleased to note a major success in past years in the creation
of a joint collaborative research program in ``gender and
immunity'' between the National Institute on Allergy and
Infectious Diseases (NIAID) and a major voluntary association
for the disease, in which NINDS participates. The conferees
encourage NINDS to seek similar collaborative activities
related to MS.
The conferees urge NINDS, in collaboration with the
National Institute on Arthritis and Musculoskeletal and Skin
Diseases and the National Institute of Child Health and Human
Development, to accelerate clinical trials to improve treatment
for patients with Duchenne muscular dystrophy. The conferees
encourage NINDS to actively seek and assess clinical trial
proposals and to expedite the review process for clinical
research in Duchenne muscular dystrophy. The conferees strongly
encourage the funding of three additional centers of excellence
by the end of fiscal year 2004.
Stroke is the second leading cause of death among women
worldwide and kills more than twice as many women as do breast
cancer and AIDS combined. Recognizing that women are the single
largest group at risk for death from stroke, the conferees
believe that special attention should be focused on better
understanding the gender differences with specific attention to
stroke related to pregnancy; the use of oral contraceptives;
and the impact of postmenopausal hormone replacement therapy on
stroke risk. The conferees further urge NIH to increase
research into new therapies for stroke in women as well as ways
of enhancing the vascular health of all Americans, including
(1) a clinical trial of carotid endarterectomy and angioplasty/
stenting in women, (2) observational research on differences in
the way men and women present with stroke symptoms, and (3)
studies of differences in how men and women respond to FDA-
approved antiplatelet agents for recurrent stroke prevention.
The conferees strongly support NIH's initiatives toward
advancing the organization of stroke care and the
identification of stroke treatment and research centers that
would provide rapid, early, continuous 24-hour treatment to
stroke victims, including the use of the clot-buster t-PA, when
appropriate.
National Institute of Allergy and Infectious Diseases
The conference agreement includes $4,335,155,000 for the
National Institute of Allergy and Infectious Diseases instead
of $4,335,255,000 as proposed by both the House and the Senate.
The conference agreement includes bill language
permitting the transfer of $150,000,000 to International
Assistance Programs, Global Fund to Fight HIV/AIDS, Malaria,
and Tuberculosis as proposed by the Senate instead of
$100,000,000 as proposed by the House.
The conferees encourage NIAID to enhance its research
efforts to identify the cause of eosinophilic-myalgia syndrome
and to characterize better the pathophysiological events of
this disease. The conferees support the Institute's efforts to
support a workshop in 2004 to evaluate the current state of
knowledge on EMS. The conferees anticipate that the workshop
will identify new scientific opportunities related to the
pathogenesis of EMS and improved diagnosis, treatment and
prevention strategies.
The conferees are concerned about the pace of research in
the area of chronic fatigue and immune dysfunction syndrome.
The conferees encourage NIAID, in collaboration with NINDS and
NIMH, to increase its research portfolio in the areas of CFIDS.
The conferees further request that the NIH report to the
Committees on Appropriations by March 1, 2004, on the number of
grants specifically devoted to CFIDS research, over the past
five years.
National Institute of General Medical Sciences
The conference agreement includes $1,916,333,000 for the
National Institute of General Medical Sciences instead of
$1,923,133,000 as proposed by the House and $1,917,033,000 as
proposed by the Senate.
National Institute of Child Health and Human Development
The conference agreement includes $1,250,585,000 for the
National Institute of Child Health and Human Development
instead of $1,245,371,000 as proposed by the House and
$1,251,185,000 as proposed by the Senate.
The conferees urge NICHD to continue its cooperation and
participation in the Duchenne Muscular Dystrophy programs of
the National Institute on Arthritis and Musculoskeletal and
Skin Diseases and NINDS. The conferees commend NICHD for its
involvement in the Paul Wellstone Centers of Excellence
programs for Muscular Dystrophy, and urge its ongoing
commitment to assist the funding of clinical trials proposals
and expedite the review process for clinical research in
Duchenne Muscular Dystrophy, in addition to its investment in
new Centers of Excellence.
National Eye Institute
The conference agreement includes $657,199,000 for the
National Eye Institute as proposed by the Senate instead of
$648,299,000 as proposed by the House.
The conferees commend the NIH Director's initiative to
advance translational clinical research through the joint
efforts of the various Institutes, often in partnership with
private organizations focused on clinical research and patient
participation. The conferees are aware of a proposal for a
national conference on translational clinical research for
orphan eye diseases. The Director of the NEI is encouraged to
consider providing support for this important effort.
National Institute of Environmental Health Sciences
The conference agreement includes $636,974,000 for the
National Institute of Environmental Health Sciences instead of
$630,774,000 as proposed by the House and $637,074,000 as
proposed by the Senate.
The conferees recognize the complex environmental
exposures faced by the residents of rural areas. NIEHS is urged
to address rural environmental concerns through its
environmental health sciences core centers program.
The conferees encourage NIEHS to continue its support for
critical research required to fill data gaps in environmental
health, with special concern for children's health, including
the effects of mixtures of chemicals on developing nervous
systems; accurate exposure levels for environmental chemicals;
and the development of predictive models of chemical effects on
developing systems. The conferees encourage the NIEHS to
collaborate with the CDC on research focused on environmental
chemical mixtures and computational modeling.
National Institute on Aging
The conference agreement includes $1,031,311,000 for the
National Institute on Aging instead of $994,411,000 as proposed
by the House and $1,031,411,000 as proposed by the Senate.
National Institute of Arthritis and Musculoskeletal and Skin Diseases
The conference agreement includes $504,300,000 for the
National Institute of Arthritis and Musculoskeletal and Skin
Diseases instead of $502,778,000 as proposed by the House and
$505,000,000 as proposed by the Senate.
The conferees urge NIAMS, in collaboration with NINDS and
NICHD, to accelerate clinical trials to improve treatment for
patients with Duchenne muscular dystrophy. The conferees
encourage NIAMS to actively seek and assess clinical trial
proposals and to expedite the review process for clinical
research in Duchenne muscular dystrophy. The conferees
encourage the funding for three additional centers of
excellence by the end of fiscal year 2004.
The conferees commend NIAMS for conducting a workshop on
the ``Burden of Skin Diseases.'' The workshop participants
found that there was a lack of specific data on this topic and
recommended that general and skin disease-specific measures of
the burden of skin disease be developed in order to generate
data on the incidence, prevalence, economic burden, quality of
life, disability, and handicaps attributable to these diseases.
The conferees request that NIAMS provide a detailed action plan
of Institute activities to effectively implement the
recommendations of the workshop participants.
National Institute on Deafness and Other Communication Disorders
The conference agreement includes $384,477,000 for the
National Institute on Deafness and Other Communication
Disorders instead of $380,377,000 as proposed by the House and
$384,577,000 as proposed by the Senate.
National Institute of Nursing Research
The conference agreement includes $135,555,000 for the
National Institute of Nursing Research instead of $134,579,000
as proposed by the House and $135,579,000 as proposed by the
Senate.
National Institute on Alcohol Abuse and Alcoholism
The conference agreement includes $431,471,000 for the
National Institute on Alcohol Abuse and Alcoholism instead of
$430,121,000 as proposed by the House and $431,521,000 as
proposed by the Senate.
National Institute on Drug Abuse
The conference agreement includes $997,414,000 for the
National Institute on Drug Abuse instead of $995,614,000 as
proposed by the House and $997,614,000 as proposed by the
Senate.
National Institute of Mental Health
The conference agreement includes $1,390,714,000 for the
National Institute of Mental Health instead of $1,382,114,000
as proposed by the House and $1,391,114,000 as proposed by the
Senate.
National Human Genome Research Institute
The conference agreement includes $482,222,000 for the
National Human Genome Research Institute instead of
$478,072,000 as proposed by the House and $482,372,000 as
proposed by the Senate.
National Institute of Biomedical Imaging and Bioengineering
The conference agreement includes $288,900,000 for the
National Institute of Biomedical Imaging and Bioengineering
instead of $282,109,000 as proposed by the House and
$289,300,000 as proposed by the Senate.
National Center for Research Resources
The conference agreement includes $1,186,183,000 for the
National Center for Research Resources instead of
$1,053,926,000 as proposed by the House and $1,186,483,000 as
proposed by the Senate.
The conference agreement includes bill language to
earmark $119,220,000 for extramural facilities construction
grants as proposed by the Senate. The House did not provide
funding for extramural facilities construction.
Within the total provided for NCRR, the conference
agreement includes $215,000,000 for the Institutional
Development Awards (IDeA) program and $320,000,000 for the
General Clinical Research Centers as proposed by the Senate.
The conferees are pleased with reports of the ongoing
successes of the Science Education Partnerships Award (SEPA)
program. The NCRR is urged to continue soliciting and funding
additional SEPA grant applications from science centers and
other eligible entities.
National Center for Complementary and Alternative Medicine
The conference agreement includes $117,752,000 for the
National Center for Complementary and Alternative Medicine
instead of $116,202,000 as proposed by the House and
$117,902,000 as proposed by the Senate.
National Center on Minority Health and Health Disparities
The conference agreement includes $192,724,000 for the
National Center on Minority Health and Health Disparities as
proposed by the House instead of $192,824,000 as proposed by
the Senate.
John E. Fogarty International Center
The conference agreement includes $65,800,000 for the
John E. Fogarty International Center instead of $64,266,000 as
proposed by the House and $65,900,000 as proposed by the
Senate.
National Library of Medicine
The conference agreement provides $319,835,000 for the
National Library of Medicine, of which $311,635,000 is from
budget authority and $8,200,000 is from amounts available under
section 241 of the Public Health Service Act to carry out the
National Information Center on Health Services Research and
Health Care Technology. The House had provided $316,040,000,
entirely from budget authority, and the Senate had provided
$320,035,000, of which $311,835,000 was from budget authority
and $8,200,000 was from section 241 authority.
Office of the Director
(INCLUDING TRANSFER OF FUNDS)
The conference agreement includes $329,707,000 for the
Office of the Director instead of $317,983,000 as proposed by
the House and $323,483,000 as proposed by the Senate.
The conference agreement includes bill language
identifying $7,500,000 for the purposes identified in general
provision 221.
The conference agreement provides $500,000 for the
Foundation for the National Institutes of Health as proposed by
the House instead of $497,000 as proposed by the Senate.
The conferees concur with the guidance in the Senate
report regarding limits for NIH reprogramming requests.
The conferees concur in the House report language
indicating that the proposal to multi-year fund some or all NIH
grants is not approved.
The conferees recognize that breakthroughs in the
physical sciences underpin many of the remarkable advances in
the life sciences that have been achieved during the last
century. Increasingly, the boundaries between the life sciences
and the physical sciences are being blurred, as capacities and
talents bridging the disciplines are essential for modern
experimentation and discovery. Accordingly, the conferees
believe that a major effort must be undertaken to promote the
advancement of research at the interface between the life
sciences and the physical sciences. This interface occurs in
many agencies including NIH, NSF, Office of Science, Department
of Energy, DARPA, NASA, NOAA, and others. The conferees commend
NIH for its plans to evaluate, as part of the NIH Roadmap
process, what steps need to be taken to encourage progress in
the physical sciences that will provide support and
underpinning for future advances in the life sciences and to
convene a conference to discuss this issue with other Federal
agencies.
The conferees commend NIH for recently awarding nine
five-year grants to expand research on autoimmune disease and
to increase the number of autoimmunity centers of excellence.
This coordinated approach, under the NIH Autoimmune Diseases
Coordinating Committee, involves the full spectrum of NIH
Institutes. It marks a promising start in implementing the
recommendations of the NIH Autoimmune Diseases Research Plan.
The Committee encourages the Office of Rare Diseases to
work in association with NINDS in studying Niemann-Pick Type C,
a rare metabolic disorder in which harmful quantities of
cholesterol and other fatty substances accumulate in the
spleen, liver, lungs, bone marrow and most often in the brain.
The conferees urge NIH to support the efforts of
universities, medical schools, scientific societies and other
groups that are working to develop and implement a system for
voluntary, peer-driven accreditation of organizations
throughout the country which are engaged in research involving
human subjects.
The conferees encourage the Office of Dietary Supplements
and NCCAM to review and consider funding research to elucidate
the mechanisms of action of the B vitamins and antioxidant
phytochemicals in berries so that work in animal models can be
extended to human studies. Research with animals has shown that
diets containing berry fruits (such as blueberries) as well as
B vitamins can forestall and perhaps reverse many of the
neurological changes that are associated with age-related
neurodegenerative conditions such as Parkinson's and
Alzheimer's disease.
BUILDINGS AND FACILITIES
The conference agreement includes $89,500,000 for
buildings and facilities as proposed by the Senate instead of
$80,000,000 as proposed by the House.
The conference agreement includes language granting full
scope authority for the contracting of construction of the
first and second phases of the John E. Porter Neurosciences
Building as proposed by the Senate. The House did not have a
similar provision.
Due to extensive community concerns about the proposed
construction of a BSL-3 lab on NIH's main Bethesda, MD campus,
the conferees expect NIH to: (1) submit a report to the Senate
and House Appropriations Committees within 60 days of enactment
of this Act detailing the reasons why NIH believes the lab
should not be built at Fort Detrick, MD; (2) provide the
community with detailed information regarding ongoing risk
assessments and proposed safety policies to protect NIH
employees and the local community; and (3) provide a mechanism
for ongoing involvement between NIH and the local community to
provide information about lab safety, research, and activities.
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
Substance Abuse and Mental Health Services
The conference agreement includes $3,370,813,000 for
substance abuse and mental health services, of which
$3,253,763,000 is provided through budget authority and
$117,050,000 is provided through the evaluation set-aside. The
House bill had proposed $3,345,000,000 for SAMHSA, of which
$16,000,000 was from the evaluation set-aside and the Senate
proposed $3,274,590,000, of which $117,050,000 was from the
evaluation set-aside. The conference agreement includes bill
language establishing a limitation of five percent of the block
grant appropriation for funding of data collection activities
as proposed by the Senate.
Within the total provided, the conference agreement
includes funding at no less than the fiscal year 2003 level for
activities throughout SAMHSA that are targeted to address the
growing HIV/AIDS epidemic and its disparate impact on
communities of color.
The conference agreement includes bill language
identifying $14,985,000 for projects in the amounts specified
in the statement of the managers on the conference report.
Center for Mental Health Services
The conference agreement includes $242,379,000 for
programs of regional and national significance instead of
$237,000,000 as proposed by the House and $237,667,000 as
proposed by the Senate.
Within the total provided, the conference agreement
provides $95,000,000 for counseling services for school-aged
youth as proposed by the Senate. As proposed by the Senate,
$3,000,000 is provided to support the National Suicide
Prevention Resource Center, and continued support isprovided
for the Suicide Prevention Hotline program at the fiscal year 2003
level.
Within the total provided, $30,000,000 is provided under
section 582 of the Public Health Service Act to support grants
to local mental health providers for the purposes of developing
knowledge of best practices and providing mental health
services to children and youth suffering from post-traumatic
stress disorder as a result of having witnessed or experienced
a traumatic event.
The conference agreement includes $2,500,000 for a
nationwide, three-year public service campaign to reduce the
stigma of mental illness. The conferees expect SAMHSA to work
in partnership with a private, non-profit agency that is the
leading producer of public service advertisements (PSAs) and is
able to use the services of volunteer advertising agencies and
donated media.
The conferees are concerned about the problem of chronic
homelessness across the Nation. Within the total for mental
health programs of regional and national significance, the
conference agreement provides funds at no less than the fiscal
year 2003 level for programs addressing homelessness.
The conference agreement provides $2,000,000 to continue
the current level of funding for the consumer and consumer-
supporter national technical assistance centers as proposed by
the Senate. The conferees direct CMHS to support multi-year
grants to fund five such national technical assistance centers.
The conference agreement provides $5,000,000 to continue
the elderly treatment and outreach program.
As proposed by the House, the conference agreement
provides $7,000,000 for the jail diversion program.
The conferees include the following amounts for the
following projects and activities in fiscal year 2004:
AgriWellness, Inc. in Harlan, Iowa, for the Sowing the
Seeds of Hope rural mental health project........... $160,000
Alfred University, Alfred, NY for the Lea R. Powell
Institute for Children and Families: Improving
Access to High Quality Mental Health Services in
Underserved, Isolated Rural Areas................... 500,000
American Red Cross, Lower Bucks County Chapter,
Levittown, PA for the Homeless Services Program..... 200,000
Bellefaire Jewish Children's Bureau, Cleveland, OH for
the Social Advocates for Youth (SAY) project........ 500,000
Boone Community Family Center, Philadelphia, PA to
develop and implement adolescent suicide prevention
pilot program in Philadelphia schools............... 50,000
Cheyenne River Sioux Tribe in Eagle Butte, South Dakota
for mental health services.......................... 225,000
CONTACT of Mercer County, Trenton, NJ................... 35,000
Dauphine County department of Human Services, Dauphin
County, PA for the Mental Health Court Program to
help the Dauphin County courts and prisons work with
individuals with mental health and substance abuse
problems............................................ 100,000
Deschutes County, Oregon, to develop a program providing
mental health services for rural communities........ 100,000
Family Communications Inc. in Pittsburgh, PA, for an
antiviolence program entitled the National Project
Managing Anger, Promoting Safety.................... 100,000
Institute for the Study and Practice of Nonviolence of
Providence, RI for the Streetworkers Program to
reduce youth crime, violence and drug abuse......... 50,000
Jewish Association for Residential Care, Farmington
Hills, MI........................................... 150,000
KidPeace, Orefield, PA to diagnose children with mental
health problems..................................... 100,000
Lawrence Hall Youth Services in Chicago, Illinois for
mental health and related support services.......... 50,000
Mental Health Center of Dane County, Inc., Madison, WI
to provide culturally appropriate mental health
services to the Hmong community..................... 100,000
Noah's Ark--A Safe Place, Inc., for mental and emotional
counseling for young men in several Pennsylvania
counties............................................ 150,000
Northwestern Academy, Lafayette Hill, PA for equipment
and personnel to provide for a program to diagnose
and treat delinquent, mentally ill adolescents
through the delivery of comprehensive psychological
and psychiatric services............................ 100,000
Oklahoma Department of Mental Health and Substance Abuse
Services, Oklahoma City, for the Substance Abuse and
Mental Health Cross Training Initiative............. 50,000
Potter County Human Services, Roulette, PA for a Youth
Community Awareness program that will provide
community outreach and assistance to address the
rising number of teen suicides in Potter County..... 75,000
See Forever Foundation, Washington, DC to provide the
mental health services needed by the students of the
Maya Angelou Public Charter School.................. 400,000
Temple University, Center for Social Policy and
Community Development, Philadelphia, PA to develop
and implement a two-pronged Adolescent Suicide
Prevention Pilot Program............................ 1,000,000
Ventura County Probation Agency, Ventura, CA for the
Emotionally Challenged Juvenile Offender
Intervention Program................................ 500,000
Western Psychiatric Institute and Clinic, Pittsburgh, PA
for Computerized Decision Support for Chronic Care
Management of Psychiatric Disorders................. 250,000
Women's Crisis Center, Covington, KY, to provide rape
counseling, community outreach and related mental
health programs..................................... 100,000
The conference agreement includes $437,140,000 for the
mental health block grant, which includes $21,850,000 from the
evaluation set-aside as proposed by the Senate, instead of
$435,000,000 as proposed by the House. The House proposed
funding to SAMHSA through direct appropriation rather than
using the evaluation set-aside.
The conference agreement includes $103,026,000 for
children's mental health grants rather than $108,000,000 as
proposed by the House and $98,052,000 as proposed by the
Senate.
The conference agreement provides $50,055,000 for grants
to States for the homeless (PATH) as proposed by the House
rather than $47,073,000 as proposed by the Senate.
The conference agreement includes $34,825,000 for
protection and advocacy instead of $33,870,000 as proposed by
the House and $35,779,000 as proposed by the Senate.
Center for Substance Abuse Treatment
The conference agreement includes $421,975,000 for
programs of regional and national significance instead of
$417,278,000 as proposed by the House and $327,071,000 as
proposed by the Senate.
Within funds provided, $100,000,000 is for the new drug
and alcohol treatment voucher initiative as proposed by the
House. The Senate did not include funding for this program. The
conferees applaud the Administration for proposing this
initiative, the Access to Recovery program, which will provide
much-needed funds to increase capacity and expand access to
alcohol and drug treatment. The conferees expect that the new
voucher program will support evidenced-based practice and will
provide medically appropriate treatment for individuals needing
care. To this end, the conferees expect that States and
providers receiving funds under this program will use
assessment and placement criteria developed by national
experts, such as the American Society of Addiction Medicine.
The conferees support the Administration's goal of opening new
pathways to treatment. At the same time however, the conferees
direct that all providers participating in the Access to
Recovery program should be held accountable to the same
standards of care, performance, licensure and certification
requirements as other licensed or certified drug and alcohol
programs in their respective States. The conferees direct
SAMHSA to report to the House and Senate Committees on
Appropriations 30 days after Access to Recovery funds are
distributed regarding the States that applied for and received
grants, the amount awarded to each State, and the services each
State will provide with these funds. Furthermore, no funds
shall be expended under this Act for the implementation of the
Access to Recovery voucher program other than those funds
specifically provided for by the conferees.
The conference agreement provides $10,000,000 for
treatment programs for pregnant, postpartum and residential
women and their children as proposed by the Senate.
The conferees are concerned about the problem of chronic
homelessness across the Nation. Within the total for substance
abuse treatment programs of regional and national significance,
the conference agreement provides funds at no less than the
fiscal year 2003 level for programs addressing homelessness.
The conference agreement provides $33,901,000 for
targeting specific treatment approaches for adolescents and
young adults. The conferees are aware that there are becoming
fewer treatment options for teens and young adults and provide
this funding to address that specific treatment gap.
Included in the conference agreement is $35,000,000 for
targeted capacity expansion for general populations, as
proposed by the Senate.
The conferees have not included funds for the Screening,
Brief Intervention, Referral and Treatment (SBIRT) program and
direct that none of the funds provided in this Act for existing
programs shall be reduced below fiscal year 2003 levels to fund
the SBIRT program.
The conferees include the following amounts for the
following projects and activities in fiscal year 2004:
19th Judicial District Drug Court, Baton Rouge, LA, to
implement a 28-Bed Residential Program at the Earl
K. Long Hospital.................................... $71,000
Akeela, Inc. Re-Entry Program, Anchorage, AK to increase
retention at Akeela House by re-establishing a
cultural component to the treatment environment, and
to enhance transition of inmates from prison-based
treatment programs back into the community.......... 200,000
Alaska Christian College, Soldotna, AK for operations of
residential substance abuse program for adolescents. 150,000
Baltimore City, to expand drug treatment services....... 1,000,000
Behavior Management Systems in Rapid City, South Dakota
for substance abuse treatment....................... 250,000
Cedar Valley Friends of the Family, Inc., Waverly, IA... 100,000
Center for the Study of Addiction at Texas Tech
University, Lubbock, TX............................. 250,000
City of Wrangell, AK for its Avenues Program to provide
comprehensive substance abuse treatment services for
the community....................................... 100,000
Community Services for Children, Allentown, PA to
remediate and reverse the impact of drug use by
pregnant mothers on their newborn infants........... 50,000
Cook Inlet Council on Alcohol and Drug Abuse, Kenai, AK
for treatment of women and children with substance
abuse problems...................................... 200,000
Doe Fund, Inc., Philadelphia, PA to provide substance
abuse treatment services............................ 100,000
Fairbanks Community Initiative for Chronic Inebriates,
Fairbanks, AK to operate community programs to
provide treatment and services to chronic inebriates 700,000
Healing Place, Louisville, KY........................... 113,000
Institute for Research, Education, and Training In
Addictions (IRETA), Pittsburgh, PA to implement and
complete several major model projects concerning
alcohol and drug use................................ 200,000
Iowa Office of Drug Control Policy, Des Moines, to
develop Drug Endangered Children rapid response
teams that will intervene on behalf of children
exposed to methamphetamine as a result of residing
in a home-based clandestine drug laboratory......... 146,000
Municipality of Anchorage for comprehensive substance
abuse treatment services, focusing on transitional
populations......................................... 500,000
Pinon Hills Residential Treatment Center in Valarde, New
Mexico.............................................. 150,000
Ramsey County ACE Program, Minnesota to provide staffing
for a research-based early intervention program for
children under 10 at high risk for serious, violent
and chronic juvenile delinquency.................... 50,000
Recovery Options for Addictive Disorders (ROADS), Fort
Worth, TX for outpatient treatment services and to
continue the ROADS project.......................... 400,000
Second Chance Program, La Mesa, CA, for a substance
abuse rehabilitation demonstration transition
program in the New Mexico State prison system....... 350,000
University of South Florida, Louis de la Parte Florida
Mental Health Institute, Tampa, FL for the National
Implementation Research Network..................... 500,000
Vinland National Center, Loretto, MN to provide chemical
dependency treatment services for individuals with
co-occurring disorders.............................. 200,000
Wayne County, MI for the Anti-addiction Treatment
Project to pilot a treatment protocol that blocks
the craving for heroin.............................. 350,000
Yankton Sioux Tribe in Marty, South Dakota for substance
abuse treatment at Canku Teca....................... 200,000
The conference agreement includes $1,789,235,000 for the
Substance Abuse Prevention and Treatment Block Grant, of which
$1,710,035,000 is budget authority and $79,200,000 is provided
through the PHS evaluation funding tap. The House bill had
proposed $1,774,538,000 and the Senate proposed $1,803,932,000,
of which $79,200,000 was derived through the evaluation tap.
The conference agreement includes bill language establishing a
limitation of five percent of the block grant appropriation for
funding of data collection activities as proposed by the
Senate.
Center for Substance Abuse Prevention
The conference agreement includes $199,763,000 for
programs of regional and national significance instead of
$198,000,000 as proposed by the House and $194,306,000 as
proposed by the Senate.
The conference agreement provides $5,000,000 to continue
and expand the program funded for the last two years regarding
ecstasy and other club drugs as proposed by the Senate.
Included in the conference agreement is $10,000,000 for
Fetal Alcohol Syndrome/Fetal Alcohol Effect (FAS/FAE)
prevention and treatment programs, with an emphasis on teenage
mothers as proposed by the Senate.
The conferees include the following amounts for the
following projects and activities in fiscal year 2004:
Abraham Hall Emergency Youth Shelter, Paducah, KY....... $75,000
Centre County, PA, to implement, in coordination with
Clinton County, educational programming targeting
the prevention of drug use by students.............. 200,000
Clinton County Communities That Care, Lock Haven, PA,
for a program that helps families cope with drug and
behavioral problems................................. 100,000
Coalition for a Safe and Drug Free St. Petersburg, Inc.,
St. Petersburg, FL.................................. 500,000
Community Health Center on the Big Island of Hawaii for
Youth Anti-Drug Program............................. 250,000
Corporate Alliance for Drug Education, Bala Cynwyd, PA
for an elementary school-based prevention program to
teach children to reject substance abuse and
violence while helping them to identify positive
alternatives to harmful situations.................. 250,000
District Attorney of the 24th Judicial District of
Louisiana, Gretna, LA for Jefferson Parish SE
Louisiana Drug Prevention and Education Program..... 300,000
Drug Free Pennsylvania, Inc., Harrisburg, PA, for a
media literacy project to prevent drug use by
students............................................ 25,000
DuPage County, Psychological Services, Wheaton, IL for
the DuPage Prevention Partnership ti initiate
treatment, intervention and prevention services
targeted at reducing substance abuse, violence,
juvenile and community crime county-wide............ 260,000
Lea County, New Mexico for substance abuse counseling
and treatment of detention center residents......... 350,000
National Association of Alcoholism and Drug Abuse
Counselors, Alexandria, VA, to recruit, retain, and
train alcohol and other drug treatment professionals
in Ohio............................................. 100,000
Security on Campus, Inc., King of Prussia, PA, to
distribute educational materials to high schools in
Pennsylvania aimed at informing students of the high
risks of underage and binge drinking................ 25,000
Stone Soup Group, Anchorage, AK to expand services to
FAS/FAE children and their families................. 200,000
University of Cincinnati, College of Education, Center
for Prevention Studies, Cincinnati, OH for Ohio
Bridgebuilders...................................... 500,000
University of South Dakota School of Medicine Center for
Disabilities in Sioux Falls, SD to continue the work
of the Consortium of Fetal Alcohol Syndrome......... 475,000
Program Management
The conference agreement includes $92,415,000 for program
management, of which $16,000,000 is provided through the
evaluation set-aside. The House bill had proposed $91,259,000
and the Senate bill had proposed $93,570,000.
AGENCY FOR HEALTHCARE RESEARCH AND QUALITY
Healthcare Research and Quality
The conference agreement includes $303,695,000 as
proposed by both the House and Senate. The agreement provides
all these funds through the policy evaluation set-aside.
The conference agreement provides $79,500,000 for
reducing medical errors instead of $75,000,000 as proposed by
the House and $84,000,000 as proposed by the Senate. The
agreement includes modified House bill language identifying
$12,000,000 for the conduct of research on the comparative
clinical effectiveness, cost-effectiveness and safety of drugs
and devices. The conferees understand that the agency will use
grants, contracts and other funding mechanisms to support the
Administration's patient safety hospital information technology
initiative.
The conferees concur with the Senate report language
urging AHRQ to support evidence-based research focused on the
relationship between metabolic genes and drug efficacy and
safety.
The conferees concur in the House report language
regarding public-private sector partnerships in the adoption
and use of standards and technology to support quality and
safety.
The conferees believe health services research can
address the real and growing threats to the quality of care and
patient safety created by an inadequate supply of nurses. The
conferees encourage AHRQ to continue to support research that
further promotes patient safety by understanding linkages to
the work environment, retention of nurses, the impact of an
aging nurse workforce, and outcomes of care. This research
should include the development of data needed to conduct the
research and should be undertaken in collaboration with the
Division of Nursing within HRSA, the National Institute of
Nursing Research, and other relevant agencies.
CENTERS FOR MEDICARE AND MEDICAID SERVICES
Grants to States for Medicaid
The conference agreement provides $130,892,197,000 for
Medicaid grants as proposed by the House instead of
$124,892,197,000 as proposed by the Senate. These funds meet
the requirements of the temporary increase in the Federal match
rate provided in Public Law 108-27.
The conferees have been made aware of concerns from the
City of San Juan, Puerto Rico related to the disbursement of
Federal Medicaid funds to its municipal health care system. The
conferees direct CMS to expand and update its study of the
issues related to the current disbursement system of Federal
Medicaid to providers in the City of San Juan, so as to ensure
that eligible beneficiaries have access to Medicaid-covered
health care services. Such a study should examine any existing
barriers to care and the adequacy of the provider network, as
well as any lack of capacity that may exist as a result of the
current system. CMS is further directed to report the findings
of this study back to the Committee on Appropriations no less
than six months after the enactment of this Act.
Program Management
The conference agreement includes $2,664,994,000 for
program management instead of $2,698,025,000 as proposed by the
House and $2,707,603,000 as proposed by the Senate. An
additional appropriation of $720,000,000 has been provided for
the Medicare Integrity Program through the Health Insurance
Portability and Accountability Act of 1996.
The conference agreement includes $78,791,000 for
research, demonstration, and evaluation instead of $27,918,000
as proposed by the House and $67,400,000 as proposed by the
Senate. Within the total provided, the conference agreement
provides $40,000,000 for Real Choice Systems Change Grants to
States and $6,000,000 is provided for a national demonstration
to address workforce shortages of community service direct care
workers. These two provisions were included in the Senate bill
but not the House bill. The conferees concur in Senate report
language regarding program management techniques for long-term
care systems. The conferees are pleased with the demonstration
project at participating sites licensed by the Program for
Reversing Heart Disease and encourage its continuation. The
conferees further urge CMS to continue with the demonstration
project being conducted at the Mind Body Institute of Boston,
Massachusetts. The conferees urge CMS to continue its research
activities targeted towards ensuring culturally sensitive
health care for American Samoans.
The agreement includes bill language for the following
projects and activities for fiscal year 2004:
Advocate Health Care in Oak Brook, IL for health
education programs and services to the deaf and
hard-of-hearing..................................... $100,000
AIDS Healthcare Foundation in Los Angeles for a
demonstration of residential and outpatient
treatment facilities................................ 1,750,000
Berwick Hospital Center, Berwick, PA for stabilizing the
workforce for patient care.......................... 250,000
Bloomsburg Hospital, Bloomsburg, PA for stabilizing the
workforce for patient care.......................... 163,000
Cheyenne River Sioux Tribe in Eagle Butte, SD to
establish a nursing home............................ 275,000
Community Medical Center, Scranton, PA for stabilizing
the workforce for patient care...................... 778,000
Cook County (IL) Bureau of Health Services to improve
the management of vulnerable patients with poorly
controlled diabetes................................. 150,000
Divine Providence Hospital, Williamsport, PA for
stabilizing the workforce for patient care.......... 178,000
Geisinger Wyoming Valley Medical Center, Wilkes-Barre,
PA for stabilizing the workforce for patient care... 267,000
Hazleton General Hospital, Hazleton, PA for stabilizing
the workforce for patient care...................... 237,000
Hope Worldwide, Philadelphia, PA to maintain clinical
care for recovering drug and alcohol addicts........ 25,000
Illinois Primary Health Care Association for the Shared
Integrated Management Information System,
Springfield, IL..................................... 825,000
James S. Taylor Memorial Home, Louisville, KY........... 250,000
Jefferson Area Board for Aging, Charlottesville, VA for
the Nursing Assistant Institute..................... 100,000
Jersey Shore Hospital, Jersey Shore, PA for stabilizing
the workforce for patient care...................... 85,000
Marian Community Hospital, Carbondale, PA for
stabilizing the workforce for patient care.......... 179,000
Medical Care for Children Partnership, Fairfax, VA to
provide outreach to increase access to medical and
dental care for children............................ 200,000
Mercy Health Partners, Scranton, PA for stabilizing the
workforce for patient care.......................... 393,000
Mercy Hospital, Wilkes-Barre, PA for stabilizing the
workforce for patient care.......................... 571,000
Mid-Valley Hospital, Peckville, PA for stabilizing the
workforce for patient care.......................... 63,000
Moses Taylor Hospital, Scranton, PA for stabilizing the
workforce for patient care.......................... 510,000
Muncy Valley Hospital, Muncy, PA for stabilizing the
workforce for patient care.......................... 109,000
Muskegon Community Health Project, Muskegon, MI for the
Access Health program............................... 225,000
North Penn Visiting Nurse Association, Lansdale, PA to
provide low-cost or free health care to children who
do not have health insurance........................ 75,000
Patient Advocate Foundation, Newport News, VA to provide
direct intervention assistance to patients
throughout U.S. who are experiencing difficulty in
accessing quality health care services.............. 122,000
Rhode Island Hospital--Medical Simulation Center of
Providence, RI for the creation of a transportable
simulation-based training curriculum and validated
human performance measurement system................ 100,000
Saint Joseph Medical Center, Hazleton, PA for
stabilizing the workforce for patient care.......... 256,000
Santa Clara County, CA for its Children's Health
Initiative program to provide outreach and
enrollment assistance for families under 300% of
federal poverty level............................... 100,000
Sharon Regional Health System, Sharon, PA for
stabilizing the workforce for patient care.......... 664,000
Sickle Cell Medical Treatment & Education Center, St.
Louis Children's Hospital, St. Louis, MO to improve
the academic achievement of children with Sickle
Cell Disease with specific cognitive rehabilitation. 25,000
Tyler Memorial Hospital, Tunkhannock, PA for stabilizing
the workforce for patient care...................... 111,000
United Community Hospital, Grove City, PA for
stabilizing the workforce for patient care.......... 174,000
UPMC Horizon, Farrell, PA for stabilizing the workforce
for patient care.................................... 503,000
Williamsport Hospital & Medical Center, Williamsport, PA
for stabilizing the workforce for patient care...... 613,000
Wyoming Valley Health Care System, Wilkes-Barre, PA for
stabilizing the workforce for patient care.......... 965,000
The conference agreement includes bill language
identifying $30,000,000 for the CMS revitalization plan as
proposed by the Senate instead of $65,000,000 as proposed by
the House.
The conference agreement does not include language that
was in the House bill identifying $129,000,000 for processing
Medicare appeals. Funding is included to support the Social
Security Administration's costs of Medicare hearings workloads.
The conference agreement includes $1,722,889,000 for
Medicare operations instead of $1,776,889,000 as proposed by
both the House and the Senate. The conference agreement does
not include the $98,000,000 reduction to Medicare operations
included in general provision 217 of the House bill. The
conference agreement includes bill language proposed by the
Senate making up to an additional $18,000,000 available to CMS
for Medicare claims processing if unit costs of claims exceed
particular thresholds. The House bill did not contain similar
language.
The conferees are concerned that the proposed Medicare
``75% Rule'' classifying inpatient rehabilitation facilities
(IRFs) would have severe consequences for access to inpatient
services. The conferees concur with the Medicare Payment
Advisory Commission (MedPAC) finding that further analysis
should be conducted to identify which criteria are clinically
appropriate for inclusion in the calculation of the rule used
to determine eligibility for reimbursement under the IRF
prospective payment system. The conferees direct CMS to
contract with the Institute of Medicine to issue a report, in
consultation with a panel of independent experts in the field
of physical medicine and rehabilitation, to establish
clinically appropriate standards for medical necessity and
clinically appropriate qualification criteria for IRFs. During
the study period, the conferees expect the Secretary to delay
implementation of the 75% rule, delay implementation of local
medical review policies concerning medical necessity, and not
accept new IRF applications until the report is finished.
The conferees are concerned that CMS has not updated
since 1992 the relative values code for the provision of
portable services, such as X-rays, despite the statutory
requirement to update these codes every five years. This
failure may be contributing to the utilization of more costly
care settings. The conferees urge the Secretary, within 90 days
of enactment of this Act, to review the relative values code
for portable X-ray providers and to update this code utilizing
existing data.
The conferees are aware that a final rule to revise the
2004 Medicare Fee Schedule for payment to physicians was issued
on November 7, 2003. The rule will change payment for
physicians managing dialysis patients to reflect the varying
number of visits performed each month to an end-stage renal
disease (ESRD) patient. Yet, there appears to be no published
evidence that visiting dialysis patients more frequently than
once per month correlates with improved outcomes. Moreover, the
conferees are concerned that this change in payment methodology
may have serious implications for ESRD patients who reside in
rural communities. The conferees understand that it is equally
plausible that the quality of an individual visit is more
critical to ensuring optimal outcomes than is the frequency of
visits. Therefore, the conferees expect CMS to consult with the
General Accounting Office, the Relative Value Update Committee,
and clinical nephrology societies, as well as relevant provider
and patient organizations, to evaluate and develop an
alternative payment reform that facilitates enhanced physician/
dialysis patient interaction and outcomes.
ADMINISTRATION FOR CHILDREN AND FAMILIES
Payments to States for Child Support Enforcement and Family Support
Programs
The conference agreement provides $3,292,970,000 for
payments to States for child support enforcement and family
support programs. The House bill had proposed $3,292,970,000
and the Senate bill had proposed $3,292,270,000.
Low-Income Home Energy Assistance
The conference agreement provides $1,900,000,000 for low-
income home energy assistance rather than $1,800,000,000 as
proposed by the House and $2,000,000,000 as proposed by the
Senate. Of the amount provided $1,800,000,000 is provided for
formula grants to States. The House bill had proposed
$1,700,000,000 for State formula grants and the Senate bill
proposed $2,000,000,000. Within the funds available,
$27,500,000 is included for the leveraging incentive fund as
proposed by the Senate.
The conference agreement includes $100,000,000 as
proposed by the House for the contingency fund to meet the
additional home energy assistance needs arising from a natural
disaster or other emergency. The Senate bill did not include
funds for the contingency fund. The conferees expect the
Secretary to consider the factors identified in the statute
when making decisions about the release of funds. The conferees
are aware that the Secretary formally notifies the authorizing
committees in advance of issuing grants from LIHEAP contingency
funds, pursuant to Section 2604(e) of the Low-Income Home
Energy Assistance Act of 1981 (42 U.S.C. 8623(e)). The
conferees request that the House and Senate Committees on
Appropriations receive copies of such notifications in advance
of issuing grants. The conferees urge the Department to provide
regular information on significant, unanticipated changes in
home heating and cooling costs and to receive quarterly reports
on significant variances in regional weather data and fuel
prices to the Committees on Appropriations and the appropriate
authorizing committees. Such reports should be provided within
30 days of the end of any fiscal quarter in which LIHEAP
contingency funds remain available for obligation. In addition,
the conferees request for any quarter in which there is a
release of funds to receive a detailed explanation of the
factors used to determine the distribution of funds among
States.
The conferees are aware that one of the criteria for
release of emergency funds is a significant increase in
disconnections. The precursor to disconnection is a household
in arrearage. The conferees believe that helping families prior
to disconnection would prevent safety and health concerns
surrounding a household without energy services. For that
reason, the conferees urge the Secretary to monitor arrearage
trends nationwide and consider a significant increase in
arrearage rates as part of the disconnection criteria.
Refugee and Entrant Assistance
The conference agreement includes $450,276,000 for the
refugee and entrant assistance programs rather than
$461,853,000 as proposed by the House and $428,056,000 as
proposed by the Senate.
The conference agreement includes $170,000,000 for the
transitional and medical services programs rather than
$200,193,000 as proposed by the House and $180,000,000 as
proposed by the Senate.
The conferees recognize the positive outcomes achieved
for individuals served through the matching grant fund program.
Therefore, the conferees encourage the Office of Refugee
Resettlement (ORR) to ensure that the matching grant program is
not disproportionately affected by the funding reductions
proposed due to lower admissions to the United States. The
conferees request, as part of the fiscal year 2005
Congressional budget justification, that the ORR provide a
detailed breakdown on the plan for allocating funding under the
transitional and medical services program.
The conference agreement provides $9,968,000 for both the
victims of trafficking program and the victims of torture
program. The House bill had included $10,000,000 for each
program and the Senate bill had proposed $9,935,000 for each
program.
The conference agreement provides $153,121,000 for social
services, the same level as proposed in the House bill. The
Senate had proposed $140,000,000 for this program. Within funds
provided, the conference agreement includes $19,000,000 for
increased support to communities with large concentrations of
Cuban and Haitian refugees of varying ages whose cultural
differences make assimilation especially difficult justifying a
more intense level and longer duration of Federal assistance
for healthcare and education.
The conference agreement includes $4,820,000 for
preventive health rather than $4,835,000 as proposed by the
House and $4,804,000 as proposed by the Senate.
The conference agreement includes $49,316,000 for
targeted assistance. The House bill had proposed $49,477,000
and the Senate had proposed $49,155,000 for this program.
The conference agreement provides $53,083,000 for the
unaccompanied alien children program rather than $34,227,000 as
proposed by both the House and Senate. These additional funds
will enable the Office of Refugee Resettlement to meet its
obligations under the Homeland Security Act, which transferred
the administration of this program from the former Immigration
and Naturalization Service. The conferees intend that funding
provided above the budget request be used to continue making
progress toward providing appropriate facilities for the care
of children; improving medical services that address the needs
of such children; and enhancing the legal representation for
those involved in this program.
The conferees recognize the importance of continued
educational support to schools with a significant proportion of
refugee children, consistent with previous support to schools
heavily impacted by large concentrations of refugees, and urge
the Office of Refugee Resettlement to support these efforts
should funding become available in the social services or other
programs.
Payments to States for the Child Care and Development Block Grant
The conference agreement includes $2,099,729,000 for the
child care and development block grant, the same level as both
the House and Senate bills. Included in the bill is $9,864,000
within the total funds provided, for child care research,
demonstration, and evaluation activities as proposed by the
House. The Senate bill had included $10,000,000 for these
activities.
Social Services Block Grant
The conference agreement provides $1,700,000,000 for the
social services block grant, the same level as proposed in both
the House and Senate bills. The conference agreement provides
10 percent transfer authority between the social services block
grant and the temporary assistance for needy families program
(TANF). The House bill had proposed 5.5 percent
transferability. The Senate did not include a similar
provision.
Children and Families Services Programs
The conference agreement includes $8,822,097,000 for
children and families services programs, of which $6,000,000 is
provided through the evaluation set-aside. The House proposed
$8,614,670,000 for these programs and the Senate proposed
$8,788,457,000, of which $6,000,000 was from the evaluation
set-aside.
Head Start
The conference agreement includes $6,815,570,000 for Head
Start, the same as both the House and Senate bills. The
agreement includes $1,400,000,000 in advance funding, the same
level as proposed by both the House and Senate.
The conferees are aware that approximately one-third of
Head Start programs are affiliated with public school systems
and often combine or coordinate the transportation of Head
Start, preschool, and K-12 students. In addition, many center-
based Head Start programs coordinate with local transit
authorities to provide supervised transportation to Head Start
children whose parents work non-traditional hours or whose
geographical distance from the parent's place of employment
creates a barrier to Head Start participation. Differences
between Head Start transportation regulations, promulgated by
the U.S. Department of Health and Human Services, and those
promulgated by State and local authorities, may have the
unintended consequence of reducing transportation services for
Head Start students, and in turn, decrease transportation
options for children. These differences may leave Head Start
children without transportation or relying on parents to
provide transportation in their vehicles.
The conferees recognize that children's safety is the
most important consideration and that many students
participating in Head Start programs need access to safe and
reliable transportation provided by public schools or local
transit systems. For this reason, the conferees direct the U.S.
Department of Health and Human Services to offer a waiver
option to local educational agency-contracted Head Start
programs that provide integrated transportation to Head Start
students. In cases where public schools or local transit
authorities provide Head Start services, local educational
agencies should have the option to comply with transportation
standards for preschool students mandated by the State or local
educational agencies, transit agencies, State Departments of
Transportation or the U.S. Department of Health and Human
Services.
Consolidated Runaway and Homeless Youth Program
The conference agreement includes $89,978,000 for the
consolidated runaway and homeless youth program, the same level
as proposed by the Senate, rather than $88,043,000 as proposed
by the House. Within the funds provided, $40,505,000 is
available for the transitional living program (TLP) and
$49,473,000 is for basic centers as proposed by the Senate.
Prevention Grants To Reduce Abuse of Runaway Youth
The conference agreement includes $15,399,000 for
prevention grants to reduce abuse of runaway youth as proposed
by the Senate. The House bill had proposed $14,999,000 for
these grants.
Child abuse
The conference agreement includes $34,623,000 for child
abuse discretionary programs instead of $26,301,000 as proposed
by the House and $28,401,000 as proposed by the Senate. Within
the funds provided for child abuse prevention programs, the
agreement includes the following items:
AGAPE of Central Alabama, Inc., Montgomery, Alabama, for
their work with children in need.................... $70,000
Alaska Native Health Board and the State of Alaska to
develop and implement statewide child abuse
prevention and treatment plan for Alaska children
and parents......................................... 500,000
Blair County Children and Youth Services, Blair County,
Pennsylvania, to develop a Family Intervention
Program to keep families together................... 150,000
Blount County Health Care Authority, Oneonta, AL, for
services through a service mall..................... 250,000
Boys and Girls Home of Nebraska, Inc., Lincoln, NE for
child abuse prevention services and counseling
services............................................ 250,000
Catholic Community Services, Juneau, AK to operate
Family Resource Center for child abuse prevention
and treatment....................................... 400,000
Child Advocacy Center, Inc., Springfield, Missouri, for
equipment upgrades and other operational expenses... 100,000
Childhelp USA, Fairfax, Virginia, to reduce the
incidence and severity of child abuse and enhance
the ability to investigate reports and meet the
needs of victims of child abuse..................... 250,000
Children's Center of Southwest Missouri, Inc., Joplin,
Missouri, for equipment upgrades and other
operational expenses................................ 100,000
Children's Center of the Ozarks, Inc., Monett, Missouri,
for equipment upgrades and other operational
expenses............................................ 50,000
Children's Home and Aid Society of Illinois, Chicago, IL
for the Child Abuse Prevention Project in
Carpentersville, IL................................. 163,000
Children's Rights Council, Hyattsville, MD for Safe
Haven programs in Stark County, Ohio................ 64,000
Cook Inlet Tribal Council to provide child welfare
services for Alaska Native Children who are abused
or neglected and their parents in the Anchorage
area, including supervised visitation center and a
father involvement program.......................... 900,000
Cornerstones for Care, Kansas City, MO to expand
services and programming that benefit victims of
child abuse......................................... 500,000
Geauga Family First Council, Chardon, OH for the Family
Stability Program................................... 145,000
Healthy Families/Better Beginnings for a home visitation
program for State of Alaska and regional Native non-
profit organizations................................ 2,000,000
Jackson County Children's Services Coalition, Gautier,
MS, to prevent child abuse and neglect in at-risk
homes............................................... 25,000
Lutheran Settlement House, Philadelphia, PA for the
expansion of LSH's Bilingual Domestic Violence
Project (BDVP) expansion to include children who
have witnessed or have been victims of abuse........ 75,000
Municipality of Anchorage, in consultation with Cook
Inlet Tribal Council and Anchorage Women's
Commission, to develop comprehensive domestic
violence initiative for Municipality of Anchorage... 1,000,000
Northern Virginia Family Service, Oakton, VA, for the
Healthy Families Fairfax Program.................... 200,000
Oregon Association of Relief Nurseries, Eugene, OR, to
expand services to children who are at risk for
child abuse or neglect.............................. 80,000
Stop It Now, Philadelphia, PA for outreach to the
community to prevent child abuse.................... 100,000
Synergy Services, Inc., Parksville, Missouri, Children's
Therapeutic Center and Domestic Violence Services... 150,000
The Futures Institute for Sustainable Development for a
child abuse prevention and treatment program........ 300,000
West River Foundation, Sturgis, SD, to establish early
childhood development programs in small communities. 500,000
Abandoned Infants Assistance
The conference agreement provides $12,126,000 for the
abandoned infants assistance program, the same level as
proposed by the Senate. The House bill had proposed $12,086,000
for this program.
Child Welfare Services
The conference agreement provides $291,037,000 for child
welfare services rather than $291,986,000 as proposed by the
House and $290,088,000 as proposed by the Senate.
Child Welfare Training
The conference agreement includes $7,460,000 for child
welfare training rather than $7,470,000 as proposed by the
House and $7,449,000 as proposed by the Senate.
Adoption Opportunities
The conference agreement includes $27,285,000 for the
adoption opportunities program rather than $27,343,000 as
proposed by the House and $27,227,000 as proposed by the
Senate.
Adoption Incentives
The conference agreement provides $35,000,000 for the
adoption incentive program for bonuses for adoptions completed
prior to the end of fiscal year 2004, $27,500,000 of which is
unused fiscal year 2003 funds, instead of $43,000,000 as
proposed by the House and $42,720,000 as proposed by the
Senate. The conference agreement includes bill language, which
allows funds appropriated for bonus payments in Public Law 108-
7 and available for obligation through September 30, 2004 to be
used to make bonus payments for adoptions completed before
September 30, 2004. The conferees note that the number of
adoptions from the public foster care system has increased
significantly over the past several years, rising from 27,761
in fiscal year 1997 to 50,179 in fiscal year 2002. As a result
of this increase and based on the most recent estimates, fewer
resources will be needed in fiscal year 2004 to make bonus
payments to States for the full amount for which they are
eligible under this program.
Adoption Awareness
The conference agreement includes $12,864,000 for the
adoption awareness program rather than $12,906,000 as proposed
by the House and $12,822,000 as proposed by the Senate.
Compassion Capital Fund
The conference agreement includes $48,000,000 for the
compassion capital fund, instead of $50,000,000 as proposed by
the House and $34,772,000 as proposed by the Senate.
Social Services and Income Maintenance Research
The conference agreement includes $18,767,000 for social
services and income maintenance research, of which $6,000,000
is provided through the evaluation set-aside. The House had
proposed $5,982,000 for this program and the Senate proposed
$31,812,000, of which $6,000,000 was from the evaluation set-
aside.
The conferees note that efforts undertaken through the
State information technology consortium have led to greatly
improved systems communications and compliance in both the TANF
and child support enforcement (CSE) programs. For TANF, the
conferees have provided $2,000,000 to permit States to utilize
uniquely designed web-based technology to improve benefit
delivery and fulfill new Federal reporting requirements. For
CSE, the conferees have provided $3,000,000 to continue the
consortium's efforts to improve data exchange between CSE and
the courts in ways that will significantly reduce the time lag
between court orders and enforcement/collections activities.
The conferees are concerned that children continue to be
left unaccounted for and underserved within State child welfare
systems. Protecting the Nation's most vulnerable populations,
especially youth in State protective care, should receive
significant attention. The conferees are aware of a project
being developed by Rx for Reading that would provide a model
for a case management tool housing all of the health and
education records of children in the care of the counties of
the State of California, including those in foster care and
residential facilities, in a web browser-based database. The
conferees understand that this database could replace a number
of stand alone, antiquated databases and automate manual record
keeping, which would enable caregivers, foster families,
educators, doctors and case workers to easily access and update
information relating to their services and functions through
secure portals.
The conferees also provide sufficient funding for the
following:
Alaska Children's Services of Anchorage for operations
of programs to serve needs of at risk, low income
youth in Anchorage.................................. $300,000
Buckeye Ranch, Grove City, OH, for the Applied Violence
and Prevention Research program..................... 350,000
Children's Village in Pine Ridge, South Dakota for
foster care services................................ 200,000
ChildServ, Chicago, IL for family services at the Lake
County Family Service Center........................ 200,000
City of Gadsden, Family Success Center, AL, to provide
equipment for the development of a one-stop area for
social services with the focus on helping families
help themselves..................................... 100,000
Corporate Foundation for Children, Montgomery, AL to
assist historically underserved organizations to
increase the number and capacity of community-based
organizations across the state to serve needy
families and individuals in their own communities... 350,000
Eckerd Youth Alternatives, Clearwater, Florida, for the
Road to Independence--A Continuum of Foster Care
Pilot Demonstration................................. 1,500,000
Family and Youth Development Foundation Inc.,
Louisville, KY...................................... 20,000
Fathers' Support Center, St. Louis, MO, to provide non-
custodial fathers with personal development,
communication and relationship building skills...... 100,000
First Gethsemane Center for Family Development,
Louisville, KY...................................... 50,000
Freedom House Inc., Princeton, IL, for technology to
create an Adult and a Children's Learning Center.... 50,000
Gomlei Chasodim Inc., Lakewood, NJ..................... 75,000
Hope Home in Kennewick, WA, to develop a curriculum and
train foster parents of teen parents and their
children............................................ 50,000
Horizons Initiative, Boston, MA, for mentoring,
educational, and social development programs for
homeless youth...................................... 150,000
Jewish Community Centers of Northeastern Ohio, Canton,
OH for human services programs for children and
families............................................ 250,000
Kentucky Sheriffs' Boys Ranch Trust, Gilbertsville, KY. 75,000
LINK, Sterling, VA, to help meet the growing demands
for service......................................... 100,000
Lutheran Community Services in Burien, WA, to equip a
child care center for families in need.............. 200,000
Middlecreek Area Community Center, Beaver Springs, PA,
for technology equipment and upgrades for community-
based programs and implementation of Youth-at-Risk
initiatives......................................... 300,000
Network for Child Safety, Columbus, OH, to provide
leadership training for professionals to improve the
child welfare system................................ 200,000
New Alternatives for Children Inc, New York, NY for
support of programs serving children and their
families focusing on health and social services..... 350,000
ProJeCt of Easton, Inc., Easton, PA to assist with
local food pantry; and to provide intensive case
management to individuals and families experiencing
emergency situations................................ 50,000
United Way of Anchorage, AK to support shelters for
victims of domestic violence........................ 250,000
University of Notre Dame, Notre Dame, Indiana, Center
for Children and Families for Parent Education about
Marital Conflict and ``Adventures in Parenting''
projects............................................ 700,000
Washington State Department of Health to implement the
Bright Futures program to promote early childhood
education and good health........................... 500,000
WeatherWise USA, Pittsburgh, PA, for a demonstration
program designed to improve the financial security
of low income households............................ 200,000
YouthCare's Orion Center in Seattle, WA, to equip a
center providing many services at one site to
homeless and high-risk youth........................ 200,000
Community-Based Resource Centers
The conference agreement includes $33,403,000 for the
community-based resource centers as proposed by the House
rather than $33,412,000 as proposed by the Senate.
Developmental Disabilities
For developmental disabilities programs, the conference
agreement includes $73,515,000 for State Councils as proposed
by the Senate instead of $71,500,000 as proposed by the House.
The conference agreement includes $38,644,000 for protection
and advocacy services as proposed by the Senate instead of
$36,500,000 as proposed by the House. The agreement also
includes $11,642,000 for special projects as proposed by the
Senate instead of $12,500,000 as proposed by the House. Within
the funds for special projects, $4,000,000 is available to
expand activities for the Family Support Program. For
university-affiliated programs, the agreement includes
$26,962,000 as proposed by the Senate instead of $25,000,000 as
proposed by the House.
The conference agreement includes $15,000,000 for the
disabled voter services programs. Within the funds provided,
$10,000,000 shall be for payments to States to promote disabled
voter access as proposed by the Senate rather than $13,000,000
as proposed by the House and $5,000,000 shall be for payments
to States for disabled voter protection and advocacy, the same
level as proposed by the Senate. The House had proposed
$2,000,000 for protection and advocacy.
The conferees are aware that funding for protection and
advocacy services under section 291 of the Help America Vote
Act currently is not being made available to protection and
advocacy services that specifically address the Native American
community. Native Americans with disabilities experience unique
challenges in exercising the right to vote. For that reason,
the conferees intend that organizations providing protection
and advocacy services to Native Americans as defined in the
Developmental Disabilities Assistance and Bill of Rights Act
should also be deemed an eligible entity under the Help America
Vote Act.
Native American Programs
The conference agreement includes $45,457,000 for Native
American programs as proposed by the Senate, instead of
$45,119,000 as proposed by the House.
Community Services
The conference agreement includes $645,762,000 for the
community services block grant as proposed by the Senate
instead of $494,964,000 as proposed by the House.
The conference agreement also includes $32,546,000 for
economic development as proposed by the Senate, instead of
$32,436,000 as proposed by the House. Within the total,
$5,464,000 is provided for the job creation demonstration
authorized by the Family Support Act.
The conference agreement provides $24,870,000 for the
individual development account initiative rather than
$24,912,000 as proposed by the House and $24,828,000 as
proposed by the Senate.
The conference agreement includes $7,227,000 for rural
community facilities instead of $7,250,000 as proposed by the
House and $7,203,000 as proposed by the Senate.
The conference agreement provides $18,000,000 for the
National youth sports program as proposed by the House. The
Senate did not propose funding for this program.
The conference agreement includes $7,281,000 for
community food and nutrition as proposed by the Senate. The
House did not propose funding for this program.
Early Learning Fund
For the early learning fund, the conference agreement
includes $33,779,000 as proposed by the Senate. The House did
not include funding for this program.
Mentoring Children of Prisoners
The conference agreement includes $50,000,000 for
Mentoring Children of Prisoners instead of $25,000,000 as
proposed by the House and $9,935,000 as proposed by the Senate.
Independent Living Training Vouchers
The conference agreement includes $45,000,000 for
Independent Living Training Vouchers as proposed by the House
instead of $41,727,000 as proposed by the Senate.
Promoting Safe and Stable Families
The conference agreement includes $100,000,000 for the
discretionary grant program of promoting safe and stable
families as proposed by the House rather than $99,350,000 as
proposed by the Senate.
ADMINISTRATION ON AGING
Aging Services Programs
The conference agreement includes $1,381,689,000 for
aging services programs instead of $1,377,421,000 as proposed
by the House and $1,361,193,000 as proposed by the Senate.
Within the total, $5,500,000 is available for medication
management, screening, and education activities as proposed by
the Senate. The House had proposed $5,000,000 for these
activities.
The conference agreement includes $356,000,000 for
supportive centers, instead of $357,000,000 as proposed by the
House and $355,673,000 as proposed by the Senate.
The conference agreement includes $19,559,000 for
protection of vulnerable Americans activities, as proposed by
the Senate, instead of $18,559,000 as proposed by the House.
Within the funds provided $14,361,000 is provided for ombudsman
services and $5,198,000 is for the prevention of elder abuse
program.
The conference agreement provides $160,000,000 for the
caregivers programs. Of the total provided, $153,645,000 is for
family caregivers rather than $162,000,000 as proposed by the
House and $149,025,000 as proposed by the Senate and $6,355,000
is provided for Native American caregivers support rather than
$6,500,000 as proposed by the House and $6,209,000 as proposed
by the Senate.
The conference agreement includes $718,704,000 for
nutrition programs rather than $720,655,000 as proposed by the
House and $716,964,000 as proposed by the Senate. Within the
total, $388,646,000 is provided for congregate meals rather
than $390,000,000 as proposed by the House and $387,292,000 as
proposed by the Senate and $149,073,000 is provided for the
nutrition services incentives program rather than $149,670,000
as proposed by the House and $148,697,000 as proposed by the
Senate.
The conference agreement provides $26,612,000 for grants
for Native Americans rather than $25,729,000 as proposed by the
House and $27,495,000 as proposed by the Senate.
The conference agreement includes $33,223,000 for aging
research, training and demonstrations instead of $30,837,000 as
proposed by the House and $17,843,000 as proposed by the
Senate. The conferees continue to support funding at no less
than last year's level for national programs scheduled to be
refunded in fiscal year 2004 that address a variety of issues,
including elder abuse, native American issues and legal
services.
Within the funding provided, the conference agreement
includes $3,000,000 for social research into Alzheimer's
disease care options, best practices and other Alzheimer's
research priorities that include research into cause, cure and
care, as well as respite care, assisted living, the impact of
intervention by social service agencies on victims, and related
needs. The agreement provides that this research utilize and
give discretion to Area Agencies on Aging and their non-profit
divisions in municipalities with aged populations (over the age
of 60) of over 1,000,000, with preference given to the largest
population. The conferees recommend that unique partnerships to
affect this research be considered for the selected Area Agency
on Aging.
Given the enormous demands on Alzheimer's family
caregivers, the conferees have included $1,000,000 to support
the continuation of an Alzheimer's family contact center for
round-the-clock help to Alzheimer's families in crisis.
The conferees expect the Administration on Aging to
continue to fund the National program of statewide senior legal
services hotlines (also called legal help lines) at their
current levels and ideally to provide an increase in the number
of States served by these legal hotlines.
The conferees also include the following amounts under
aging research, training, and demonstrations:
Adult Care Center of the Northern Shenandoah Valley,
Inc., Winchester, VA, to study the use of
complementary and alternative medicine for persons
with Alzheimer's disease and related disorders...... 100,000
Aging In Place Initiative, Denver, CO, for the
development of a program to address an increasing
number of senior citizens living independently and
to provide for a collaborative community effort for
community-based providers........................... 200,000
College Misericordia, Dallas, PA........................ 200,000
College of Science and Public Policy at Boise State
University, ID, for a Center for the Study of Aging
project............................................. 250,000
College of William & Mary, Williamsburg, VA, Center for
Excellence in Aging and Geriatric Health to
implement a pilot program to help promote the health
and independence of older adults.................... 400,000
Copper Ridge Institute, Sykesville, MD.................. 100,000
Day Kimball Hospital, Putnam, CT, for the Center for
Excellence in Rural Geriatric Services.............. 600,000
Florida Atlantic University, Boca Raton, FL, for the
Clinical Intervention Day Center.................... 125,000
Greater Miami Jewish Federation, Inc., Miami, FL, for
services to seniors living independently in
Naturally Occurring Retirement Communities.......... 250,000
Hardy County Committee on Aging, Moorefield, WV, for
wellness programs................................... 75,000
Hearth and Home Senior Adult Day Care Center, Manassas,
VA, for program support for an innovative approach
to full and part-time senior adult care............. 245,000
Iowa Department of Elder Affairs Seamless System to
continue the integration of senior programs. In
administering this award, the AoA and CMS should
continue to provide the technical assistance and
related support necessary to develop and implement
programs............................................ 1,000,000
Jewish Community Centers of Northeastern Ohio, Canton,
OH, for human services programs for seniors......... 250,000
Jewish Family and Children's Service of Greater
Philadelphia, Philadelphia, PA, to develop and test
models of coordinated social services delivery to
persons living in Naturally Occurring Retirement
Communities (NORC) in the Philadelphia area......... 200,000
Jewish Family and Children's Service of Southern
Arizona, Inc., Tucson, AZ, for services to Naturally
Occurring Retirement Community seniors.............. 200,000
Jewish Family and Children's Service, Sarasota, FL, for
supportive services to Naturally Occurring
Retirement Communities' residents................... 225,000
Jewish Family and Children's Services of Greater Boston,
Boston, MA, for a naturally occurring retirement
community program designed to serve the health needs
of the elderly...................................... 200,000
Jewish Family Service of Buffalo and Erie County New
York, Buffalo, NY, for programs for seniors in
Naturally Occurring Retirement Communities.......... 100,000
Jewish Family Service of Richmond, Richmond, VA, for a
demonstration project to expand their services into
Naturally Occurring Retirement Communities.......... 200,000
Jewish Family Service of Rochester, Inc., Rochester, NY,
for service delivery to seniors living in Naturally
Occurring Retirement Communities.................... 100,000
Jewish Family Service of Tidewater, Norfolk, VA, for a
demonstration project to expand their services into
Naturally Occurring Retirement Communities.......... 175,000
Jewish Family Service, Seattle, WA, for programs for
seniors in Naturally Occurring Retirement
Communities......................................... 150,000
Jewish Federation of Atlantic and Cape May Counties,
Northfield, NJ...................................... 125,000
Jewish Federation of Greater Albuquerque, NM, for a
Naturally Occurring Retirement Communities
demonstration project............................... 300,000
Jewish Federation of Greater Atlanta for a Naturally
Occurring Retirement Communities (NORC)
demonstration....................................... 75,000
Jewish Federation of Greater Indianapolis, for a
Naturally Occurring Retirement Communities (NORC)
demonstration....................................... 845,000
Jewish Federation of Metropolitan Chicago, IL, for
services to seniors who live in Naturally Occurring
Retirement Community housing........................ 100,000
Jewish Federation of Ocean County, Lakewood, NJ......... 250,000
Jewish Seniors Agency of Providence, RI, for a Naturally
Occurring Retirement Communities (NORC)
demonstration....................................... 50,000
La Pine Senior Center Project, Bend, OR, for services to
seniors in Deschutes County......................... 100,000
Lapeer Regional Hospital, Lapeer, MI, for the Geriatric
Assessment program.................................. 60,000
LIFESPAN of Greater Rochester for a Coordinated Response
to Elder Abuse...................................... 100,000
Madison Area Continuing Care Consortium, LLC in Madison,
WI, for a Naturally Occurring Retirement Community
demonstration project............................... 350,000
Maine Hospice Council, Augusta, ME, to organize
alternative delivery systems for palliative and end-
of-life care........................................ 250,000
Meals on Wheels Association of America, Alexandria, VA,
for Bridging the Gap in Senior Meals Services
demonstration project............................... 1,600,000
National Indian Council on Aging to increase training to
improve elder access to social services in
Washington State.................................... 750,000
New Courtland Elder Services, Philadelphia, PA, to
demonstrate whether the presence of advanced
practice nurses can improve the quality of care
received by nursing home residents.................. 100,000
Olde Kensington Redevelopment Inc., North Philadelphia
Senior Development Project, Philadelphia, PA, to
maximize senior capacity for self-sufficiency and
independent community residency by developing a
technology based program that will foster the
volunteer spirit.................................... 100,000
Pennsylvania Occupational Therapy Association Inc.,
Philadelphia, PA, for developing a national model
for supporting Alzheimer's patients and their
caregivers.......................................... 75,000
Stetson University College of Law, Gulfport, FL, for
Combating Health Care and Consumer Fraud Through
Elder Education..................................... 1,000,000
UJA Federation of Bergen County and North Hudson, River
Edge, NJ, for service delivery to seniors living in
Naturally Occurring Retirement Communities.......... 200,000
United Jewish Communities of Metro West, NJ, for
Naturally Occurring Retirement Communities (NORCs).. 200,000
United Jewish Federation, Pittsburgh, PA, to launch a
program to assist the elderly in Naturally Occurring
Retirement Communities (NORC)....................... 250,000
University of Indianapolis, Indianapolis, IN, to expand
the Center for Aging and Community which helps
seniors cope with chronic conditions of aging....... 155,000
The conference agreement includes $13,373,000 for aging
network support activities as proposed by the Senate rather
than $2,379,000 as proposed in the House bill. The conferees
have funded programs in this activity that were previously
funded in the aging, research and training account as proposed
by the Senate. The House bill had retained the traditional
program distribution.
The conference agreement includes $11,956,000 for the
Alzheimer's disease demonstrations instead of $11,500,000 as
proposed by the House and $12,412,000 as proposed by the
Senate.
For program administration, the conference agreement
includes $17,501,000 as proposed by the House rather than
$17,869,000 as proposed by the Senate.
OFFICE OF THE SECRETARY
General Departmental Management
The conference agreement includes $357,358,000 for
general departmental management instead of $343,284,000 as
proposed by the House and $344,808,000 as proposed by the
Senate, along with $5,851,000 from Medicare trust funds. In
addition, $21,552,000 in program evaluation funding is
provided. Funds provided include $7,301,000 for the National
Vaccine Program Office to comport with the Department's recent
move of this office to the Office of the Secretary from the
Centers for Disease Control and Prevention.
The conferees include the amounts within the Office of
the Secretary for the following projects and activities in
fiscal year 2004 listed below:
Ad Council of New York, NY, in consultation with the
industry, advocates and other interested parties,
for an underage drinking public service campaign
directed at parents................................. $800,000
Community Transportation Association of America for TA
to human services transportation providers on ADA
requirements........................................ 1,000,000
Palmer College on Chiropractice, Consortial Center for
Chiropractic Research in Davenport, Iowa, and the
Policy Institute for Integrative Medicine in
Philadelphia, PA for a best practices initiative on
lower back pain..................................... 100,000
The conference agreement includes bill language
earmarking $11,885,000 under the adolescent family life program
for activities specified under section 2003(b)(2) of the Public
Health Service Act as proposed by the Senate instead of
$11,185,000 as proposed by the House.
The conference agreement includes bill language
identifying $49,838,000 for minority AIDS prevention and
treatment activities instead of $49,675,000 as proposed by the
House and $50,000,000 as proposed by the Senate.
The conference agreement includes bill language
identifying $15,000,000 for the information technology security
and innovation fund as proposed by the Senate instead of
$18,400,000 as proposed by the House.
The conference agreement does not include bill language
proposed by the Senate that would earmark $3,000,000 within the
General Departmental Management account to carry out programs
to address dental workforce needs of designated health
professional shortage areas.
The conferees strongly support the Buy American Act,
which was enacted in 1933 to ensure that the Federal government
supports domestic companies and domestic workers by buying
American-made goods. The Act includes a number of waiver
provisions that allow Federal agencies to buy foreign goods in
some circumstances, but there is little disclosure or
accountability in the waiver process. The conferees direct the
Secretary to issue a report not later than 60 days after the
end of fiscal year 2004 on the amount of acquisitions made by
the Department during such fiscal year of articles, materials,
or supplies that were manufactured outside the United States.
Such report shall separately indicate the dollar value of any
articles, materials, or supplies purchased by the Department
that were manufactured outside the United States, an itemized
list of all waivers under the Buy American Act (41 U.S.C. 10a
et seq.) that were granted with respect to such articles,
materials, or supplies, and a summary of total procurement
funds spent on goods manufactured in the United States versus
funds spent on goods manufactured outside of the United States.
The conference agreement does not include the bill language
related to this report that was proposed by the Senate.
The conference agreement provides $1,000,000 to reduce
SIDS disparity rates and provide risk reduction education to
African American and American Indian populations in the United
States. The Senate bill included language making up to
$2,000,000 available for this purpose. The House bill did not
include a similar provision.
The conferees intend that, of the funding provided to the
Office of Minority Health, no less than the fiscal year 2003
funding level be allocated to a culturally competent and
linguistically appropriate public health response to the HIV/
AIDS epidemic.
The conferees include the amounts for the following
Office of Minority Health projects and activities in fiscal
year 2004 listed below:
AIDS Foundation of Chicago to expand prevention programs $125,000
Blue Ridge Hospice, Winchester, VA, for grief and loss
outreach efforts.................................... 350,000
Comprehensive Cancer Center of the Ohio State
University, Columbus, OH, for the Center for Health
Disparities......................................... 250,000
Esther's Pantry of Metropolitan Community Church of
Portland to provide food and supplies for people
living with AIDS.................................... 25,000
Jaisohn Center, Philadelphia, PA, to provide
comprehensive health promotion and prevention
programs to the Korean-American older adult
community........................................... 100,000
Maryland Center at Bowie State University, to develop
and disseminate HIV and diabetes prevention to
minority seniors.................................... 150,000
National Donor Awareness Foundation, New Orleans, LA,
for Minority Organ Donation Initiative.............. 100,000
St. Francis Medical Center, Trenton, NJ................. 250,000
University Medical Center of Southern Nevada (UMC) &
Clark County Health District (CCHD) Multi-Cultural
Services Program.................................... 450,000
University of Pittsburgh Medical Center, Pittsburgh, PA,
for their Minority Women's Health Initiative to
provide health services, including diagnosis,
treatment, and maintenance to African American women
with chronic heart disease.......................... 850,000
University of Texas Health Science Center at San
Antonio, TX, to evaluate system of disease
management within a diverse population of asthma
patients............................................ 2,500,000
University of Texas San Antonio Health Science Center,
San Antonio, TX, to address how diet and nutrition,
in combination with genetic, social and other
factors, affect the health of Hispanic Americans.... $1,000,000
The conferees concur in the requirement in the Senate
bill for an Institute of Medicine (IoM) study on mammography
standards. The conferees have provided $500,000 to carry out
the IoM study as described in the Senate bill. The IoM study
should include an evaluation of interpretive skills assessments
as a possible tool to improve physician interpretation of
mammograms (after consultation with those who have expertise in
interactive skills assessments) and how the annual medical
outcomes audit required under Mammography Quality Standards Act
regulations could be used to improve mammography quality and
interpretation.
The conference report does not include within the General
Departmental Management account $3,000,000 for the Public
Health Service Commissioned Corps transformation and
modernization effort as proposed by the Senate. Instead, these
funds are provided in the Public Health and Social Services
Emergency Fund.
The conferees have included $500,000 for a study by the
Institute of Medicine focusing on the state of emergency care
in the United States. The study should examine the different
roles of emergency departments as emergency care provider,
safety net provider, portal of entry provider and disaster
response provider, along with an identification of the
impediments to successfully performing those roles. The study
should also examine workforce issues, including residency
training and problems in obtaining emergency physicians in
rural areas, information technology and systems issues that
relate to speeding access and treatment to emergency patients
while improving patient safety, and the development of a
research agenda needed to provide the information necessary to
ensure that the American people have access to the emergency
medical services they require in the future.
The conferees direct that the effects statements required
for the General Departmental Management account include a level
of detail that identifies the funding for each Office in the
Office of the Secretary, such as the Office of the Assistant
Secretary for Administration and Management.
The conferees concur in the Senate report language
regarding the collection of racial, ethnic and primary health-
related data; the embryo adoption awareness campaign; and new
and continuing projects in the adolescent family life program.
The conference agreement modifies House report language
to direct the Secretary to request that Title X grantees
voluntarily provide the following information regarding
abortions: the number of Title X-funded sites that also provide
abortions with non-Federal funds. The Secretary's request shall
be limited to the above question with no additional information
regarding the identity of the clinics or the patients receiving
abortions. The conferees direct that when the Secretary
requests the information, the letter of request should contain
a statement making it clear that the grantees' responses shall
be voluntary and without consequence, or threat of consequence,
to non-responsiveness. The conferees further direct that the
records documenting this information shall be retained by the
grantee, and shall not be provided to the Secretary nor any
other Federal, State, or local official or entity. The
conferees expect the Secretary to provide a report to the House
and Senate appropriations committees four months after
enactment of this Act summarizing the volunteered information.
The conferees are concerned about underage drinking and
the need to take immediate steps to better coordinate Federal
efforts combating this problem facing our Nation. The conferees
are aware of recommendations that the Secretary of Health and
Human Services (HHS) establish an interagency committee on the
prevention of underage drinking and issue an annual report
summarizing all Federal agency activities concerning this
issue, including key surveillance data and progress being made
in reducing underage drinking. The conferees direct the
Secretary to take immediate steps to implement these
recommendations. In addition, the conferees directthe
Secretary, in coordination with agencies such as SAMHSA and NIAAA, to
prepare a plan for combating underage drinking, including the projected
costs and next steps to be taken, and report progress on such a plan 90
days after enactment of this Act.
The conferees support the Administration's goals of
ending chronic homelessness and creating 150,000 units of
permanent supportive housing. However, the conferees believe
these goals were not properly reflected in the Department's
budget request. The Administration is instructed to include as
part of its fiscal year 2005 budget request a description of
new and continuing resources that are being applied to create
and sustain permanent supportive housing for people
experiencing chronic homelessness and a description of the
resources necessary to achieve the goal of ending chronic
homelessness.
Within the amount provided, sufficient funds are included
to publish and widely disseminate the U.S. Surgeon General's
report on osteoporosis and related bone diseases. In an effort
to heighten public awareness of this report, the Surgeon
General is encouraged to work with voluntary health
organizations dedicated to promoting lifelong bone health.
The conferees urge the Department to begin a study on
comprehensive pharmacy services in light of changes in
technology, distance and distributive learning models, the
aging of the populations and the Department's study on the
severe pharmacist shortage, to analyze how these factors may
influence the nature of pharmaceutical education and
interventions in healthcare.
The conferees direct that specific information requests
from the chairmen and ranking members of the Subcommittees on
Labor, Health and Human Services, and Education, and Related
Agencies, on scientific research or any other matter, shall be
transmitted to the Committees on Appropriations in a prompt
professional manner and within the time frame specified in the
request. The conferees further direct that scientific
information requested by the Committees on Appropriations and
prepared by government researchers and scientists be
transmitted to the Committees on Appropriations, uncensored and
without delay.
By January 1, 2005, the Secretary shall develop policy
recommendations and issue a report to Congress by which vision
rehabilitation services would be provided by vision
rehabilitation professionals in an appropriate setting,
including the patient's home environs, acting under a qualified
physician's general supervision. The report may include
adopting a national credentialing measure, or other steps
deemed necessary by the Secretary, that would ensure patient
quality of care. In developing the recommendations, the
Secretary should consult with the National Vision
Rehabilitation Cooperative, the Association for Education and
Rehabilitation of the Blind, the Academy for Certification of
Vision Rehabilitation and Education Professionals, the American
Academy of Ophthalmology, and the American Optometric
Association and other interested organizations.
Policy Research
The conference agreement provides $20,750,000 for policy
research from program evaluation funding. The House bill
provided $20,483,000, of which $2,483,000 was Federal funds and
$18,000,000 was program evaluation funding. The Senate bill
provided $23,499,000, entirely from program evaluation funding.
Public Health and Social Services Emergency Fund
The conference agreement includes $1,776,846,000 for the
Public Health and Social Services Emergency Fund (PHSSEF) to
enhance Federal, State, and local preparedness to counter
potential biological, disease, chemical, and radiological
threats to civilian populations, the same as proposed by the
House. The Senate proposed $1,856,040,000 for the Fund.
The agreement continues bill language applicable in prior
fiscal years to allow the Secretary to transfer amounts
specified in the account between categories subject to normal
reprogramming procedures.
The conference agreement continues language, applicable
during fiscal year 2003, exempting from any personnel ceiling
applicable to the Agency, Service, or the Department of Health
and Human Services 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 during their period of
detail or assignment.
Within the amount provided: $1,116,156,000 is for the
Centers for Disease Control and Prevention; $545,870,000 is for
the Health Resources and Services Administration; and
$64,820,000 is for the Office of the Secretary.
The conferees note that funds requested within this
account for Poison Control, and Emergency Medical Services for
Children are provided within the Health Resources and Services
Administration. This brings the comparable total for the Public
Health and Social Services Emergency Fund to $1,820,700,000.
Within the amounts available to the Centers for Disease
Control and Prevention (CDC): $940,000,000 is for State and
Local Preparedness, $158,116,000 is for Upgrading CDC Capacity;
and $18,040,000 is for the fourth year of a collaborative
research program on anthrax vaccine.
Within the amounts available for State and Local
Preparedness, the conference agreement includes $847,456,000
for State Cooperative Agreements, $29,838,000 for Public Health
Preparedness Centers and $5,500,000 for Centers for Advanced
Local Public Health Practice.
Funds available for Public Health Preparedness Centers
shall be used to establish collaborative programs with State
and local public health agencies, enhance practice-based
training of students, and to increase participation of public
health practitioners in the Centers education and training
activities.
The conferees concur with language in the Senate report
concerning the needs of local health departments and encourage
both the Director and the Secretary to ensure that funds
appropriated for State and local public health preparedness are
spent in a manner with which local public health officials
concur. Furthermore, it is expected that local public health
agencies will continue to be full partners in developing State
preparedness plans.
The conferees note that the Health Alert Network now
falls under the umbrella of the Public Health Information
Network under development by the CDC. The conferees encourage
CDC to provide adequate funding to improve public health
capacity for electronic communication and data exchange at the
local level in a manner consistent with the Public Health
Information Network and with which local public health
officials concur. This will enable enhanced local capacity that
has resulted from HAN funding to continue.
The conference agreement includes $2,000,000 to continue
to discover, develop, and transition anti-infective agents to
combat emerging diseases from within amounts available for
Upgrading CDC Capacity.
The conferees encourage CDC to conduct a demonstration
project with World Medical Leaders to disseminate news,
information, and alerts to physicians who are on the front
lines in the effort to recognize biological, chemical, and
radiological events.
Within the funds available to the Health Resources and
Services Administration (HRSA) is $518,000,000 for Hospital
Preparedness and $27,870,000 to provide incentives for
curricular reform in health professions schools and the
delivery of continuing education to those already in practice.
The conferees recognize the importance of training in
biopreparedness and response for emergency physicians and
encourage HRSA to support the development of a national
bioterrorism response course for practicing emergency
physicians. The conferees further encourage HRSA to work with
the relevant professional associations through which emergency
physicians receive their continuing education credits.
The agreement includes $3,000,000 within funds provided
to the Office of the Secretary to continue activities related
to the transformation and modernization of the Public Health
Service Commissioned Corps.
The conferees recognize the need for development of a
comprehensive national strategy to address the Nation's medical
response capabilities given the growing threat of biological,
chemical, radiation or explosive weapons attacks in the United
States. The conferees are aware that the University of
Pittsburgh Medical Center (UPMC) is pursuing a comprehensive,
integrated strategy for dealing with threats throughout the
region. The conferees urge the Department to study the
preparedness efforts of institutions such as UPMC, the
effectiveness of these programs, and the feasibility of
replicating this type of initiative nationwide.
The conferees are aware that a new technology, known as
nanometal enhanced fluorescence (NanoMEF), offers promise for
providing a rapid, ultra sensitive, method for the detection of
bio-organisms, such as anthrax and smallpox. The conferees
encourage the Director to review this promising technology and
consider supporting its development from within the funds
provided.
In addition to the funds for terrorism preparedness and
response, the conference agreement includes $50,000,000 for
activities to ensure year-round production capacity of
influenza vaccine, the same as proposed by the House. The
Senate proposed $100,000,000 for the same activities.
General Provisions
EVALUATION TAP AUTHORITY
The conference agreement includes a provision as proposed
by the Senate to allow for a 2.2 percent evaluation tap
pursuant to section 241 of the Public Health Service Act. This
tap is to be applied to programs authorized under the Public
Health Service Act. The House bill contained a provision to
allow for a 1.25 percent evaluation tap.
ONE PERCENT TRANSFER AUTHORITY
The conference agreement includes language permitting the
Secretary of HHS to transfer up to one percent of discretionary
funds between appropriations, with up to an additional 2
percent subject to approval by the Appropriations Committees.
The language permits the transfer of funds appropriated for HHS
in this Act as proposed by the House. The Senate bill proposed
the transfer of funds under this or any other Act.
REFUGEE STATUS OF CERTAIN PERSECUTED GROUPS
The conference agreement includes a provision proposed by
the Senate to extend the refugee status for persecuted
religious groups. The House bill contained no similar
provision. The conferees intend to fully protect religious
minority refugee applicants from Iran, including the current
caseload of Iranian Christians, Jews, Bahai, Mandeans and
Zoroastrians. Therefore, the administration should implement
the provisions of section 213 of the conference report with
respect to new applications, as well as to review previously
denied applications for refugee applicants who have remained
outside of Iran without a viable solution after being denied
refugee status.
SYNAR
The conference agreement includes a provision directing
States to maintain expenditures in fiscal year 2004 for tobacco
prevention programs and for compliance activities at the same
level as in fiscal year 2003 as proposed by the Senate.
CDC INTERNATIONAL AUTHORITIES
The conference agreement includes a general provision
relating to authorities for the Centers for Disease Control and
Prevention to carry out international health activities as
proposed by the Senate. The House proposed similar language in
two separate provisos.
CMS PROGRAM MANAGEMENT
The conference agreement does not include a general
provision proposed by the House reducing the amounts provided
to CMS. The Senate bill contained no similar provision.
CDC MANAGEMENT/IT SAVINGS
The conference agreement does not include a general
provision proposed by the House reducing the amounts provided
to CDC for management and information technology. The Senate
bill contained no similar provision.
PARKINSON'S DISEASE RESEARCH CENTERS
The conference agreement includes a general provision
proposed by the Senate that overrides section 409B(c) of the
Public Health Service Act, which limits the number of
Parkinson's disease research centers that may be supported by
the National Institutes of Health. The agreement includes
language making this provision permanent so that the language
does not need to be repeated each fiscal year.
HHS HUMAN RESOURCES CONSOLIDATION PLAN
The conference agreement does not include a general
provision proposed by the Senate prohibiting the use of funds
for the HHS human resources consolidation plan. The House bill
contained no similar provision. The conferees direct the
Secretary to provide the House and Senate Appropriations
Committees a report identifying the benchmarks HHS is using to
measure the speed and cost of its human resources transactions,
comparing those benchmarks as of October 1, 2003 to fiscal year
2004 Department performance on a semi-annual basis. The
conferees are disappointed that such benchmarks have not been
provided to the Committees, despite commitments from the
Assistant Secretary for Administration and Management to do so
before the consolidation took effect. The conferees expect data
in the report that would indicate the average and median length
of time to post positions, the average and median length of
time to complete hiring, the percentage of applicants accepting
the position when offered, the number of transactions assigned
per human resource FTE, and the estimated cost per transaction.
CONCIERGE CARE
The conference agreement deletes without prejudice bill
language proposed by the Senate regarding a study of concierge
care. However, the conferees concur in the direction from the
Senate reflected in the bill language to the General Accounting
Office to conduct a study on concierge care and to report to
Congress their findings and recommendations no later than
eighteen months after enactment of this Act. The House bill did
not include a similar provision.
PEDIATRIC RESEARCH INITIATIVE
The conference agreement deletes without prejudice the
general provision proposed by the Senate requiring the National
Institutes of Health to report on its pediatric research
initiative. The conferees concur in the direction from the
Senate reflected in the bill language to produce the report no
later than January 2004. The House did not include a similar
provision.
POISON CONTROL CENTERS
The conference agreement deletes without prejudice a
general provision proposed by the Senate providing an
additional $1,500,000 for poison control centers. The
conference agreement incorporates this funding into the regular
appropriation provided for Health Resources and Services
Administration. The House bill contained no similar provision.
AOA OMBUDSMAN PROGRAM
The conference agreement deletes without prejudice a
general provision proposed by the Senate providing an
additional $1,000,000 for the AoA ombudsman program. The
conference agreement instead incorporates this funding into the
regular appropriation provided for AoA. The House bill
contained no similar provision.
NURSE REINVESTMENT ACT FUNDING
The conference agreement deletes without prejudice a
general provision proposed by the Senate providing an
additional $50,000,000 for activities authorized under the
Nurse Reinvestment Act. The conference agreement includes
funding for the nurse training program in the regular
appropriation provided for the Health Resources and Services
Administration. The House bill contained no similar provision.
PRODUCTS AND INVENTIONS FROM FEDERAL FUNDS
The conference agreement includes a general provision
proposed by the Senate requiring the Director of NIH to report
to Congress no later than 90 days after enactment of this Act,
on the role of NIH in promoting the affordability of inventions
and products developed from Federal funds. The House bill did
not include this provision.
MAMMOGRAPHY STANDARDS
The conference agreement deletes without prejudice a
general provision proposed by the Senate providing an
additional $500,000 for the IOM to conduct studies concerning
mammography standards. The conference agreement incorporates
this funding and associated report language into the Office of
the Secretary. The House bill contained no similar provision.
STD PREVALENCE AMONG NATIVE AMERICANS
The conference agreement deletes without prejudice a
general provision proposed by the Senate earmarking $1,000,000
from within funds available to the CDC to carry out a
competitive grant program regarding STD prevalence among Native
American Populations. The conference agreement incorporates
similar language within the Statement of the Managers under the
heading for the Centers for Disease Control and Prevention. The
House bill contained no similar provision.
NEWBORN AND CHILD SCREENING
The conference agreement deletes without prejudice a
general provision proposed by the Senate providing $2,000,000
to carry out newborn and child screening of heritable
disorders. The conference agreement incorporates this funding
into the Maternal and Child Health Block Grant within the
Health Resources and Services Administration. The House bill
contained no similar provision.
SUMMER HEALTH CAREER PROGRAMS
The conference agreement does not include a general
provision proposed by the Senate authorizing a new summer
health career program for middle and high school students. The
House bill contained no similar provision.
BLOOD AND INJECTION SAFETY IN AFRICA
The conference agreement deletes without prejudice a
general provision proposed by the Senate requiring the Director
of the Centers for Disease Control and Prevention to report to
Congress on a plan to address blood and injection safety in
Africa. The conference agreement includes a similar requirement
within the Statement of the Managers under the heading for the
Centers for Disease Control and Prevention. The House bill
contained no similar provision.
HANSEN'S DISEASE STUDY
The conference agreement deletes without prejudice a
general provision proposed by the Senate requiring a report
concerning Hansen's disease. The conferees concur in the
direction from the Senate reflected in the bill language to
produce the report. The House bill contained no similar
provision.
CHILD ABUSE PREVENTION AND TREATMENT ACT FUNDS
The conference agreement does not include a general
provision proposed by the Senate providing additional funds for
CAPTA programs. The House bill contained no similar provision.
SIDS DISPARITY RATES
The conference agreement deletes without prejudice a
general provision proposed by the Senate providing $2,000,000
for the Office of Minority Health to carry out a demonstration
project to reduce sudden infant death (SIDS) disparity rates
among high-risk populations. Funding for this initiative has
been provided within the appropriation for the Office of the
Secretary. The House did not include a similar provision.
COMMUNITY ACCESS TO EMERGENCY DEVICES
The conference agreement deletes without prejudice a
general provision proposed by the Senate providing an
additional $2,000,000 for community access to emergency
devices. The conference agreement incorporates funding for this
program into the Health Resources and Services Administration.
The House bill contained no similar provision.
EMERGENCY DEVICES FOR RURAL AREAS
The conference agreement deletes without prejudice a
general provision proposed by the Senate providing an
additional $2,000,000 for emergency devices for rural areas.
The conference agreement instead incorporates funding for this
program into the Health Resources and Services Administration.
The House bill contained no similar provision.
COUNCIL ON GRADUATE MEDICAL EDUCATION
The conference agreement includes a general provision
proposed by the Senate allowing for the continued operation of
the Council on Graduate Medical Education. The House bill
contained no similar provision.
MUSCULAR DYSTROPHY COOPERATIVE RESEARCH CENTERS
The conference agreement includes a general provision
proposed by the Senate designating the National Institutes of
Health Muscular Dystrophy Centers as the Senator Paul D.
Wellstone Muscular Dystrophy Cooperative Research Centers. The
House did not include a similar provision.
MOTHER-TO-CHILD HIV TRANSMISSION PREVENTION
The conference agreement deletes without prejudice a
general provision appropriating an additional $60,000,000 for
mother-to-child HIV transmission prevention activities, and an
additional $1,000,000 for non mother-to-child activities,
supported by the Centers for Disease Control and Prevention
(CDC). Funding for these activities are provided within the
appropriation for the CDC. The House bill contained no similar
provision.
NIH ROADMAP INITIATIVE
The conference agreement includes language proposed by
the Senate authorizing the Director of NIH to enter into
agreements to carry out research in support of the NIH roadmap
initiative. The House bill did not include such a provision.
This provision has been included to assess the merits of this
funding approach and to demonstrate whether this funding
mechanism would accelerate the research agenda. The conferees
direct the Director of the NIH to enter into these agreements
solely on the basis of scientific merit, opportunity for
medical breakthroughs and urgency of need. It is the conferees
intent that these funds be obligated solely at the discretion
of the Director of NIH. The conferees understand that all
awards would be subject to a competitive process. The language
in this Title appropriating funds for the Office of the
Director of NIH includes a limitation of $7,500,000 which may
be used under the authority created in this general provision.
Denali Commission
The conference agreement includes language amending the
Denali Commission Act of 1998 to clarify that the Commission
has authority to use the interagency transfer mechanism rather
than grants to receive the funding provided in this Act. The
House and Senate bills did not contain this provision.
TITLE III--DEPARTMENT OF EDUCATION
Education for the Disadvantaged
The conference agreement includes $14,528,522,000 for
Education for the Disadvantaged instead of $14,507,000,000 as
proposed by the House and $14,107,356,000 as proposed by the
Senate.
For Grants to Local Educational Agencies (LEAs) the
agreement provides $12,412,000,000. Both the House and the
Senate proposed $12,350,000,000 for this program. The
conference agreement includes $7,107,283,000 for basic grants
and $1,365,031,000 for concentration grants. The agreement also
includes $1,969,843,000 for targeted grants, and $1,969,843,000
for education finance incentive grants. Concentration grants,
targeted grants, and incentive grants are all provided on an
advance-funded basis.
The House proposed $7,172,971,000 for basic grants,
$1,365,031,000 for concentration grants, $3,018,499,000 for
targeted grants and $793,499,000 for education finance
incentive grants. The Senate bill proposed $7,107,282,000 for
basic grants, $1,365,031,000 for concentration grants,
$1,670,239,000 for targeted grants, and $2,207,448,000 for
education finance incentive grants.
The conference agreement also includes language proposed
by the Senate which specifies that the Secretary of Education
shall obtain annually updated census poverty data for the
purpose of distributing title I funds. The conference agreement
does not include language proposed by the Senate directing the
Secretary to use data available on July 1, 2003 to calculate
grants for fiscal year 2004 under title I, notwithstanding any
other provision of law.
The conference agreement includes $248,375,000 for the
Even Start program instead of $250,000,000 as proposed by the
House and $175,000,000 as proposed by the Senate. The conferees
commend the Office of Student Achievement and School
Accountability for their efforts to coordinate and integrate
existing Federal, State, and local literacy resources,
including those provided under the Head Start program, Title I
programs, and Adult Education programs, to strengthen and
expand family literacy services. The conferees are aware that
the 2003 report, ``State Administration of the Even Start
Family Literacy Program: Structure, Process and Practices'',
prepared by the U.S. Department of Education, calls for
``Federal leadership to promote collection of core program and
participant data that are comparable across States.'' The
conferees also note that the report indicates ``States differed
greatly in every aspect of Even Start performance indicators
that were submitted in June 2001, including the measures used,
performance standards set, and subgroups to which the
measurements and standards are to be applied,'' and recommends
areas where ``further development is needed to enable
successful implementation of the [Performance Indicators]
system.''
The conferees believe that the development of program
performance indicators is critical to the Even Start program,
however the conferees also understand that much of this
development must take place at the State level. Therefore, the
conferees urge the Department of Education to work with State
coordinators of the Even Start Family Literacy Program and
national organizations representing family literacy programs in
developing these indicators. The conferees are aware that
similar efforts are underway in the adult education, Head
Start, and elementary and secondary education programs and
suggest that the frameworks and indicators developed under
these programs could be adapted to the Even Start progam as
well. The conferees also believe that the performance
indicators should be consistent with the findings of the
ongoing Even Start evaluation being conducted by the Institute
for Education Sciences, as required by Title I (B) Sec. 1239 to
``improve the performance and effectiveness'' of adults and
children participating in Even Start Family Literacy programs.
The conferees look forward to receiving information in the 2005
Congressional Budget Justification about the Department's plans
(including a timeline for implementation) for collecting this
information.
The conference agreement also includes $1,030,000,000 for
Reading First State Grants instead of $1,050,000,000 as
proposed by the House and $1,000,000,000 as proposed by the
Senate. It also includes $95,000,000 for Early Reading First
instead of $100,000,000 as proposed by the House and
$85,000,000 as proposed by the Senate.
The conference agreement also includes $19,960,000 for
Literacy through School Libraries instead of $27,500,000 as
proposed by the House and $12,419,000 as proposed by the
Senate.
The conference agreement includes $395,913,000 for the
migrant education program as proposed by the Senate instead of
$396,000,000 as proposed by the House. The conference agreement
also includes $19,000,000 for high school equivalency program
instead of $24,000,000 as proposed by the House and $16,000,000
as proposed by the Senate and $15,750,000 for college
assistance migrant program instead of $16,000,000 as proposed
by the House and $15,500,000 as proposed by the Senate.
The agreement also includes $48,682,000 for neglected and
delinquent youth as proposed by the Senate instead of
$49,000,000 as proposed by the House.
The conference agreement includes $235,000,000 for
comprehensive school reform as proposed by the House. The
Senate bill did not include funds for this activity.
The conference agreement also includes $8,842,000 for
evaluation as proposed by the Senate instead of $9,500,000 as
proposed by the House.
IMPACT AID
The conference agreement includes $1,236,824,000 for the
Impact Aid programs instead of $1,238,324,000 as proposed by
the House and $1,193,226,000 as proposed by the Senate. Within
this amount, $1,070,000,000 is provided for basic support
payments instead of $1,073,000,000 as proposed by the House and
$1,030,292,000 as proposed by the Senate and $62,000,000 is
provided for payments for Federal property as proposed by the
House instead of $59,610,000 as proposed by the Senate. The
conference agreement includes $46,208,000 for construction
programs instead of $44,708,000 as proposed by both the House
and the Senate. The agreement also includes the following:
Delta Greely School District, Delta Junction, AK, for
school renovation................................... $1,000,000
Fairbanks North Star Borough, Fairbanks, AK, for
relocation of the district's kitchen facilities..... 500,000
School Improvement Programs
The conference agreement includes $5,834,208,000 for
School Improvement Programs instead of $5,797,637,000 as
proposed by the House and $5,731,453,000 as proposed by the
Senate. The agreement provides $4,399,208,000 in fiscal year
2004 and $1,435,000,000 in fiscal year 2005 funding for this
account.
The conference agreement includes $2,945,825,000 for
State grants for improving teacher quality instead of
$2,930,825,000 as proposed by the House and $2,850,000,000 as
proposed by the Senate. Of this amount, $1,435,000,000 is
provided as a fiscal year 2005 advance instead of
$1,150,000,000 as proposed by both the House and the Senate.
The conference agreement also includes $150,000,000 for
math and science partnerships as proposed by the House instead
of $100,344,000 as proposed by the Senate.
The conference agreement includes $300,000,000 for the
education block grant instead of $335,000,000 as proposed by
the House and $345,000,000 as proposed by the Senate. The
agreement also includes $1,005,000,000 for the 21st Century
Community Learning Centers program instead of $1,000,000,000 as
proposed by both the House and the Senate. The agreement also
includes $391,600,000 for State assessments instead of
$390,000,000 as proposed by both the House and the Senate. The
agreement also includes $16,644,000 for the foreign language
assistance program instead of $17,144,000 as proposed by the
Senate. The House did not propose funding for this program.
The conference agreement includes $33,500,000 for the
Education of Native Hawaiians instead of $36,000,000 as
proposed by the Senate and $18,300,000 as proposed by the
House. The agreement also includes language notwithstanding any
other provision of law to allow funds under this program to 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 as proposed by the Senate. The
House bill did not contain this provision. The conferees direct
that no less than $1,000,000 shall be made available for early
childhood activities, no less than $1,000,000 shall be made
available to the Hawaii Department of Education for school
construction/renovation activities, and $300,000 shall be made
available for the University of Hawaii law school's Native
Hawaiian legal center.
The conference agreement includes $33,500,000 for the
Alaska Native Educational Equity program instead of $36,000,000
as proposed by the Senate and $14,200,000 as proposed by the
House. The agreement also includes language notwithstanding any
other provision of law to allow funds under this program to be
used for construction as proposed by the Senate. The House bill
did not contain this provision.
The conference agreement includes $168,827,000 for rural
education programs, instead of $170,000,000 as proposed by the
House and $167,653,000 as proposed by the Senate.
INNOVATION AND IMPROVEMENT
The conference agreement includes $1,106,811,000 for
programs in the Innovation and Improvement account, instead of
$807,959,000 as proposed by the House and $782,133,000 as
proposed by the Senate.
The conference agreement includes $15,000,000 for Troops
to Teachers, instead of $20,000,000 as proposed by the House.
The Senate did not propose funding for this program. The
conference agreement also includes $45,564,000 for the
transition to teaching program, instead of $49,400,000 as
proposed by the House and $41,727,000 as proposed by the
Senate.
The conference agreement includes $18,000,000 for the
National Writing Project instead of $16,890,000 as proposed by
the House and $18,890,000 as proposed by the Senate. The
conferees intend that, from the increase provided over the
fiscal year 2003 level, $500,000 shall be used to support a
pilot program on the integration of technology training in the
national writing project program.
The conference agreement includes $120,000,000 for the
Teaching of Traditional American History as proposed by the
Senate instead of $50,000,000 as proposed by the House. The
conferees direct the Department to continue its current policy
of awarding 3-year grants.
The conference agreement includes $18,500,000 for
advanced credentialing activities instead of $16,500,000 as
proposed by the House and $9,935,000 as proposed by the Senate.
Within this amount, the conferees intend that $10,000,000 be
used to complete the fifth year of a five-year grant to the
National Board for Professional Teaching Standards (NBPTS) and
$7,000,000 be used to continue a grant to the National Council
on Teacher Quality. The conference agreement also includes
$1,500,000 to conduct an evaluation of the outcomes of teachers
who achieved NBPTS certification versus teachers who did not
complete certification and teachers who did not participate in
or apply for the program. The conferees direct the Assistant
Secretary for the Institute for Education Sciences to contract
with the National Academies of Science (NAS) to perform an
independent, scientific study using the strongest practical
methodology to evaluate the impact of board certification,
including an assessment of whether the NBPTS certification
model is a cost effective method of improving teacher quality
and the extent to which certification makes a difference in
student academic achievement. In carrying out this study, the
NAS should commission the collection of new data and conduct
appropriate, rigorous analyses of such data. The conferees also
expect that a similar scientific evaluation will be conducted
on the outcomes of the work of the National Council on Teacher
Quality (NCTQ) when available data will permit such an
assessment and therefore urge NCTQ to begin to incorporate
evaluation elements into the program now.
The conference agreement includes $37,500,000 for credit
enhancement for charter schools instead of $75,000,000 as
proposed by the House. The Senate bill did not include funding
for this activity.
The conference agreement includes $26,916,000 to support
voluntary public school choice programs instead of $25,831,000
as proposed by the House and $28,000,000 as proposed by the
Senate.
Fund for the Improvement of Education (FIE)
The conference agreement includes $430,463,000 for the
Fund for the Improvement of Education.
Within the total for FIE, the conference agreement
includes funding for the following activities in the following
amounts:
Reading Is Fundamental.................................. $25,334,000
Star Schools............................................ 20,483,000
Ready to Teach.......................................... 14,406,000
Exchanges with Historic Whaling and Trading Partners.... 8,500,000
Arts in Education....................................... 35,279,000
Parental Assistance Information Centers................. 42,224,000
Excellence in Economics Education Act................... 1,500,000
Women's Educational Equity.............................. 2,980,000
ED Pubs................................................. 1,900,901
Helping Your Child Learn publications................... 400,000
Recognition programs.................................... 808,000
Teacher Quality initiatives............................. 8,500,000
CSRD grants............................................. 74,513,000
CSRD clearinghouse...................................... 1,639,099
Facilities clearinghouse................................ 700,000
Peer Review............................................. 25,000
Reach Out and Read...................................... 4,000,000
The conferees intend that the $74,513,000 for
comprehensive school reform grants to local educational
agencies shall support grants to States for continuing and new
subgrants to local educational agencies for comprehensive
school reform activities in both title 1 and non-title 1
eligible schools. The bill includes language specifying that
these funds shall be allocated and expended in the same manner
as in fiscal year 2003 and provides the funds on a forward
funding basis.
As noted above, the conference agreement includes
$700,000 for the National Institute of Building Sciences to
continue operation of the National Clearinghouse for
Educational Facilities, the Nation's sole source for
comprehensive information about school planning, design,
financing, construction and maintenance. The conferees expect
that the Department will provide an additional $300,000 for
this purpose to address issues related to school safety and
healthy school buildings, as described in the administration's
budget request for Safe and Drug-Free Schools and Communities
National Programs.
For Arts in Education, the conferees intend that within
this total, $7,250,000 is for VSA Arts and $6,225,000 is for
the John F. Kennedy Center for the Performing Arts. In
addition, $4,000,000 is for cultural partnerships, $7,500,000
is for model professional development programs for music,
drama, dance and visual arts educators and $304,000 is for
evaluation activities. The remaining $10,000,000 is available
to continue model arts programs.
The conferees have included additional funds in this line
item for the Secretary to support programs and projects that
address national priorities in K-12 education.
The conferees direct the Department to implement the Act
consistent with their intent, as reflected above, and request
an implementation plan to be submitted to the House and Senate
Committees on Appropriations within 30 days of enactment of the
Department of Education Appropriations Act, 2004. To the extent
that the Department wishes to reprogram funds in order to
address other activities or alter the allocation of funds for
activities listed in the chart above, the conferees expect the
Department to follow the guidance provided in this statement of
the managers.
Within the total for FIE, the following amounts are also
provided:
100 Black Men of Louisville, Louisville, KY for Project
MALE................................................ $12,000
10th District Gang Task Force, Herndon, VA, for program
development and implementation for at-risk and gang
prevention after-school programs.................... 280,000
Academy of Music, Lynchburg, VA, to support an arts
education program for area students................. 100,000
Academy of Natural Sciences, Philadelphia, PA, for
educational programming associated with the Lewis
and Clark expedition................................ 150,000
AFI Silver Theater and Cultural Center, MD for a
technology-based mentoring program for at-risk youth 250,000
After the Bell Program, Soldotna, AK, for after school
programs............................................ 100,000
Alaska Department of Education, Juneau, AK, for remedial
education programs to help low-performing students
meet testing requirements........................... 2,000,000
Alaska Education Services, Anchorage, AK, for East
Anchorage Youth in Peril Program to provide after
school and summer programs for at risk youth........ 475,000
Alaska Hospitality Alliance, Anchorage, AK, for a
vocational training program......................... 100,000
Alaska Humanities Forum, Anchorage, AK, to bring authors
to rural and remote school districts to promote
literacy, reading, and writing skills through the
Authors in Schools program.......................... 50,000
Allegheny Conference on Community Development,
Pittsburgh, PA, in collaboration with War for
Empire, Inc., for educational programs and
activities associated with the 250th anniversary of
the French and Indian War........................... 350,000
American Foundation for Negro Affairs (AFNA) National
Education and Research Fund, Philadelphia, PA, to
raise the achievement level of minority students and
increase minority access to higher education........ 650,000
American Humane Animal Welfare Education Program,
Denver, CO, to support a model animal health and
welfare educational program for elementary and
secondary education students........................ 50,000
American Red Cross of Southeastern Pennsylvania,
Philadelphia, PA, for educational programming....... 25,000
American Society of Educators, Philadelphia, PA, to
develop and disseminate materials on the use of
instructional technologies.......................... 50,000
American Theater Arts for Youth, Inc., Philadelphia, PA,
for an arts in education program.................... 75,000
American Theater Arts for Youth, Philadelphia, PA for
youth arts programs in San Diego County, CA......... 50,000
American Theater Arts for Youth, Philadelphia, PA for
youth arts programs in Washington State............. 50,000
American Theater Arts for Youth, Philadelphia, PA, for
elementary school students in Idaho................. 100,000
American Theater Arts for Youth, Philadelphia, PA, for
the Mississippi Arts in Education Program........... 150,000
Americana Community Center, Inc., Louisville, KY for an
after school program and computer classes........... 52,000
An Achievable Dream, Newport News, VA, for curriculum
development and a college preparation program....... 250,000
Anchorage Museum of History and Art and Alaska
Humanities Forum, Anchorage, AK, to develop
curriculum on Alaskan culture and art for Alaska
schools............................................. 200,000
Anchorage School District, Anchorage, AK, for an English
Language Instruction program for limited English
proficiency students................................ 500,000
Anchorage School District, Anchorage, AK, in conjunction
with the Fairbanks North Star School District, for a
technology-based system for standards-based
instruction......................................... 500,000
Annie Malone Children and Family Service Center, St.
Louis, MO, to expand an early education program and
services and to include the Parents as Teachers
Program............................................. 750,000
Artspace Projects, Inc., Minneapolis, MN, for the
Artspace Projects Distance Education Initiative,
which may include the acquisition of technology..... 100,000
Atlantic City Schools, Atlantic City, NJ for English as
a second language curriculum........................ 125,000
Audubon Pennsylvania, Audubon, PA, to support
educational programming that focuses on the art and
writings of John Audubon............................ 100,000
Augusta Public Schools USD #402, Augusta, KS, for staff
development and implementation of technology
curriculum.......................................... 250,000
Bakersfield Music Theatre, Bakersfield, CA, for the
STARS School of Fine Arts........................... 100,000
Beaufort County School District, Hilton Head Island, SC
for the development and implementation of a model
program in technology and literacy for K-12
education teachers.................................. 200,000
Bellevue School District, Washington, for implementation
of an English as a Second Language training program. 250,000
Bethesda Children's Home, Meadville, PA, to integrate a
vocational and technical component into the
educational curriculum.............................. 50,000
Big Brothers Big sisters of Greater Pittsburgh, Inc.,
Pittsburgh, PA, for a mentoring initiative for
children of incarcerated parents.................... 150,000
Big Brothers/Big Sisters of Anchorage, Fairbanks, and
Southeast Alaska, in partnership with Alaska
Department of Education, the Boys and Girls Club and
Cook Inlet Tribal Council for a comprehensive
mentoring program for at-risk children.............. 300,000
Bossier Parish School Board, Benton, LA, for technology
enhancements........................................ 100,000
Boston Symphony Orchestra, Boston, MA, for youth musical
training and educational programs................... 400,000
Boys and Girls Club of Philadelphia, Philadelphia, PA,
to develop a school-based mentoring program......... 50,000
Boys and Girls Clubs of America, Atlanta, GA, for
computer training for at-risk youth................. 2,000,000
Boys and Girls Clubs of Indian River County, Vero Beach,
FL.................................................. 100,000
Boys and Girls Harbor, Inc., New York, NY, for a
financial literacy project at the Germantown
Settlement Charter School in Philadelphia, PA....... 25,000
Bozeman Public School District, Bozeman, MT, for a
pilot, standards-based learning program for
elementary, middle, and high school students........ 650,000
Bradford High School, Bradford, PA, to improve the
metalworking program................................ 100,000
Bucks County Quality Child Care Coalition for Early Care
and Education, Doylestown, PA, to improve the
quality of early childhood education programs....... 50,000
Burns Telecommunications Center at Montana State
University-Bozeman, Bozeman, MT, to support the
coalition for establishing a National Teacher
Enhancement Network for access to high quality
online professional development for science teachers 250,000
CableLife Community Enrichment Corporation, Louisville,
KY, for after school programs....................... 50,000
Cabrini Mission Foundation, New York, NY, for
technology, math and science resources.............. 50,000
Caddo Parish School Board, Shreveport, LA, for
technology enhancements............................. 100,000
Calcasieu Parish School Board, Lake Charles, LA, for
technology enhancements............................. 100,000
Caldwell County Education Consortium, Lenoir, NC, for
teacher training program............................ 250,000
Canaan Community Development Corporation, Louisville,
KY, for after school programs....................... 50,000
Canton City Schools, Canton, OH, for the Genesis math
project............................................. 250,000
Canton School District in Canton, SD, for a community
education program................................... 50,000
Canton Symphony Orchestra, Canton, OH, for orchestra
education........................................... 400,000
Carnegie Science Institute, Pittsburgh, PA, for
education programs for teachers and students as part
of the Pittsburgh International Science and
Technology Festival................................. 50,000
Carthage Technical Center, Carthage, MO, for equipment.. 250,000
Centennial School District, PA, for a payment under
subpart 20 of part D of title V of the ESEA, without
regard to the requirements of that subpart.......... 450,000
Center for Educational Services, Auburn, ME, to
establish the Schools and Technology for Assessment
and Reflection (STAR) program....................... 300,000
Center for Houston's Future, Houston, TX, for early
education programs.................................. 150,000
Center for Integrative Medicine at Inner Harmony, PC,
Clarks Summit, PA, to develop a pilot program to
assist children in coping with stress............... 200,000
Center for the Improvement of Teacher Education and
Schooling (CITES), Brigham Young University-Public
School Partnership, Provo, UT, for public school
reading instruction for intermediate and secondary
grades.............................................. 300,000
Central Pennsylvania Youth Ballet, Carlisle, PA, for an
arts in education program........................... 25,000
Central Valley School District 356 in Greenacres, WA, to
purchase and implement the PLATO system to improve
student achievement................................. 500,000
Centre County AVTS, Pleasant Gap, PA, for technology
equipment........................................... 100,000
Chambers County Board of Education, Lafayette, AL, for
the School District Internet Access Project......... 50,000
Champions of Caring, Villanova, PA, to support a
recognition program for high school students serving
their communities................................... 100,000
Charter School Development Corporation in Las Vegas, NV,
to focus on technology and college preparation...... 800,000
Charter School Institute, Philadelphia, PA, for the
Shipyard Charter School to develop curriculum and
acquire equipment for apprentice programs........... 50,000
Chemeketa Community College, Salem, OR, for a high
school equivalency program.......................... 30,000
Chesapeake Bay Foundation, Annapolis, MD, in
collaboration with the Living Classrooms Foundation,
Baltimore, MD, to provide field and computer
programs about the Chesapeake Bay................... 350,000
Chesapeake Bay Foundation, Annapolis, MD, for
environmental education programs in Pennsylvania.... 50,000
Cincinnati Zoo and Botanical Garden, Cincinnati, OH, for
fiber optic data transmission system equipment...... 100,000
City of Baker School Board, Baker, LA, for technology
enhancements........................................ 50,000
City of Providence, RI, on behalf of the Providence
Public Schools, for an assessment of the school
system, and development and implementation of a
school improvement plan............................. 150,000
City of San Bernardino, CA Superintendent of Schools to
expand the Schools-to-Careers initiatives........... 350,000
City of San Jose, CA, Office of Early Care and Education
Services to enhance training in the Smart Start
program............................................. 400,000
City of Stockton, Stockton, CA, for the Stockton After
School Program...................................... 500,000
City Year Inc., Philadelphia, PA, for the High School
Heroes program to reduce truancy and drop-out rates. 225,000
Clark County Public Education Foundation in Las Vegas,
NV, to support development of educational and
technical activities................................ 100,000
Clark County School District, Las Vegas, NV, to provide
support for academic enrichment activities.......... 75,000
Clark County School District, Las Vegas, NV, ``Success
Through English Program'' (STEP) to provide
intensive English Language instruction and testing
services............................................ 150,000
Clark County School District, Las Vegas, NV, for
intensive math and reading intervention programs,
including equipment costs........................... 100,000
Clark County School District, Las Vegas, NV, for teacher
quality improvements................................ 1,500,000
Clemson University, Clemson, SC, for Call Me Mister
program............................................. 250,000
Cleveland Avenue YMCA, Montgomery, AL, to support an
after school program serving at-risk youth.......... 50,000
Cleveland Botanical Garden, Cleveland, OH, for One by
One Thousand Outreach project....................... 250,000
Cleveland Independent School District, Cleveland, OH, to
further implement the Voyager Universal Literacy
Program, the Voyager Passport Program and other
Voyager Expanded Learning programs designed to
improve student literacy............................ 150,000
Cleveland Institute of Music, Cleveland, OH, for
distance learning................................... 500,000
Coahoma Community College, Clarksdale, MS, to support
improved student achievement and teacher quality
through the Student-Teacher Enhancement Program..... 50,000
Cobbs Creek Community Environmental Education Center,
Inc., Philadelphia, PA, to support environmental
research conducted at the center by select high
school students..................................... 100,000
Coconino County School District, Arizona, for teacher
quality improvements................................ 500,000
College of Staten Island, Staten Island, NY, for a
Teacher Education and Enrichment Program............ 400,000
College Summit, Inc., Washington, DC, for increasing
college enrollment rate of low income youth......... 3,000,000
Communities in Schools of Virginia, Richmond, VA, to
continue to help children achieve academic success,
and to expand its program to more communities....... 150,000
Communities in Schools, Alexandria, VA, for national
program activities to coordinate community resources
to help youth stay in school........................ 800,000
Community Economic Empowerment Corporation, Louisville,
KY, for after school programs....................... 50,000
Community Foundation in Decatur, IL, to support science
programs and related academic activities for local
high school students................................ 100,000
Community Foundation of Louisville, Louisville, KY, for
Lac Viet reading programs........................... 50,000
Community of Agile Partners in Education/Pennsylvania
Educational Telecommunications Exchange Network
(CAPE/PETE), Bethlehem, PA, for distance learning
programs............................................ 300,000
Conservatory for the Performing Arts Charter School, St.
Paul, MN, for development and support of educational
programs............................................ 25,000
Constitutional Foundation, Philadelphia, PA, to develop
educational programming on the history of the
Constitution........................................ 50,000
Continuation and expansion of the Iowa Communications
Network statewide fiber optic demonstration......... 1,000,000
County of Charleston, Charleston, SC, for a Charleston
Media Technology Park project....................... 200,000
County of Venango, Franklin, PA, to promote
environmental and heritage education................ 50,000
Danville Independent Schools, Danville, KY, for Danville
Kids' University.................................... 150,000
Dauphin County, PA, for a Truancy and Delinquency
Reduction Program................................... 50,000
Delaware Valley Earth Force, Wyncote, PA, for
environmental education programs.................... 37,500
Delta Greely School District, Delta Junction, AK, to
develop interactive online courses and provide
distance education services (via the Internet) to
small schools in rural Alaska....................... 750,000
Deming Public Schools, Deming, NM, to support the
alternative high school program, district
improvement plan and technology enhancement program. 680,000
DePaul School, Louisville, KY, for educational
instructional materials............................. 50,000
Discovery Center of Science and Technology, Bethlehem,
PA, for educational programs and exhibits that will
demonstrate best practices for teaching science..... 200,000
East Baton Rouge Parish School Board, Baton Rouge,
Louisiana, for technology enhancements.............. 100,000
Eastern National, Fort Washington, PA, for education
programs............................................ 50,000
Ed & Ruth Lehman YMCA, Longmont, CO, to support
afterschool programs................................ 15,000
Educare of Omaha, Inc., NE to promote school readiness
among low-income children........................... 750,000
Education Leaders Council, Washington, DC, for the
Following Leaders project........................... 10,000,000
Educational Service District #101, Spokane, WA for
distance learning................................... 300,000
El Dorado Public Schools, El Dorado, KS, to extend
Project Connect..................................... 250,000
Encore Series, Inc., Philadelphia, PA, for the Jazz in
the Schools music education program................. 100,000
Endeavor Academy, Titusville, FL, for professional
development workshops to K-12 teachers in math,
science, technology and reading..................... 200,000
Entrepreneurship Florida, Tampa, FL, for teacher
training, student curriculum/text material,
administrative costs................................ 100,000
Fairbanks North Star Borough School District, Fairbanks,
AK, for the 4 R Children's program.................. 300,000
Fairfax County Public Schools, Fairfax, Virginia, for a
delinquency prevention program for students with
behavioral and emotional needs...................... 200,000
Fairfax County Public Schools, Fairfax, Virginia, to
initiate a course in Emergency Medical Services for
Falls Church High School to respond to future
security and safety incidents....................... 100,000
Fairfax Education Foundation, Fairfax, Virginia, to
implement a web-based communications portal,
Partnerships to Advance Learning.................... 250,000
Family First Foundation, Erie, PA, for alternative
education programs for at-risk youth................ 75,000
Family Life Center, Inc., Louisville, KY for after
school programs..................................... 50,000
Family Services of Northeast Wisconsin, Green Bay, WI,
to expand afterschool programming for minority and
at-risk youth....................................... 125,000
Father Maloney's Boy's Haven, Louisville, KY for
education programs.................................. 50,000
Field Kindley High School, Coffeyville, KS, for start-up
costs for implementing a Health Careers program..... 250,000
First Book, Washington, DC, to establish a First Book
Rural Initiative in Idaho........................... 450,000
First Tee, St. Augustine, FL for a character education
program............................................. 1,000,000
Fisher's Peak YMCA, Trinidad, CO, for afterschool
programs and a summer camping program............... 15,000
Flagship After School Program in Missoula County, MT,
for after school and summer school programs......... 100,000
Florida Orchestra, Tampa, Florida, for a demonstration
program............................................. 250,000
Florida State University, Tallahassee, Florida, for a
Florida reading, math and science initiative........ 1,500,000
For Us Northwest, Portland, OR, for a mentoring program
for children affected by HIV/AIDS................... 25,000
Fort Worth Independent School District, Fort Worth, TX,
for the ISD Imagination Station project............. 500,000
Foundation for the Improvement of Mathematics and
Science Education, CA for student assessment,
teacher training, and curriculum development........ 100,000
Foundation for the Improvement of Mathematics and
Science Education, San Diego, CA, to implement the
Blueprint for Student Success project in the San
Diego City Schools.................................. 800,000
Fox Valley Family YMCA, Plano, Illinois, for the Teen
Action Agenda Program............................... 230,000
Franklin Technology Center, Joplin, MO, for equipment... 250,000
Freedoms Foundation at Valley Forge, PA, to support
civic education programs for students............... 100,000
Futures For Children, Albuquerque, NM, to support
programs that help American Indian youth stay in
school.............................................. 1,100,000
Galena School District, Galena, AK, for a distance
education program................................... 500,000
Galena School District, Galena, AK, to develop an
assets-building program for transitioning of Rural
Alaska Students in boarding school environments..... 600,000
Galilee Community Development Corporation, Louisville,
KY for academic tutoring and enrichment............. 30,000
Gettysburg College, Gettysburg, PA, for the development
of an arts in education program to serve K-12
students............................................ 50,000
Gibson Technical Center, Reeds Spring, MO, for equipment 250,000
Girl Scouts of the USA, Washington DC for a science and
math program........................................ 500,000
Give Every Child A Chance, Manteca, CA, to provide
tutoring services to children in grades K-12........ 500,000
Grand Valley State University, Allendale, MI, for a
Teacher Academy program to address the unique needs
of and demand for teachers in urban districts....... 50,000
Grant Joint Union High School District, Sacramento,
California, for Maritime Technology Training Program 53,000
Great Lakes Science Center, Cleveland, OH, to develop
educational programs to promote literacy in math,
science, and technology............................. 350,000
Great Projects Film Company, Inc., Washington, DC, to
produce ``Educating America,'' a documentary about
the challenges facing our public schools............ 50,000
Greater Cleveland Growth Association, Cleveland, OH for
curriculum development for an advanced manufacturing
and engineering technology academy.................. 250,000
Green Tree School, Philadelphia, PA, for an educational-
based, after school program for students with
serious emotional disturbances...................... 50,000
Hartman Home Transitional Living Program, Wilkes-Barre,
PA, to support the development of critical life
skills for at-risk youth............................ 50,000
Heartland Regional Community Foundation, St. Joseph, MO,
to create a regional youth development program for
12-15 year olds..................................... 125,000
Hillsborough Community College, Tampa, FL, for the
Information Technology, Innovative Teaching, and
Instructional Technology (IT-3) program to develop
and implement a technology training program for K-12
teachers............................................ 500,000
Hollidaysburg Area School District, Hollidaysburg, PA
for an interactive instructional system............. 100,000
Holton High School, Holton, KS, for equipment and
technology infrastructure........................... 150,000
Houston Independent School District, Houston, Texas, for
River Oaks Elementary to set up an International
Baccalaureate program............................... 50,000
Humphreys County School District, MS, for curriculum and
library resource improvement........................ 25,000
Huntingdon College, Montgomery, AL, for training K-12
teachers in the use of education technology......... 200,000
Hurley School District in Hurley, Wisconsin for after
school programs..................................... 250,000
I Can Learn, New Orleans, LA for technology programs.... 3,500,000
Idaho Falls School District 91, Idaho Falls, Idaho, to
implement an English as a Second Language
instructional program............................... 400,000
Illinois Coalition of Challenger Learning Centers,
Bloomington and Woodstock, Illinois, for science
education programs.................................. 500,000
Illinois Math and Science Academy for 21st Century
Information Fluency Project......................... 500,000
Illinois State Board of Education, Springfield, IL for
North Chicago SD #187 for school improvement to low-
performing high schools and middle schools.......... 90,000
Illinois State Board of Education, Springfield, IL for
the Flora School District career and technical
education........................................... 125,000
Illinois State Board of Education, Springfield, IL for
the Robinson High School computing program.......... 165,000
Illinois State Board of Education, Springfield, IL for
Waukegan CUSD #60 for school improvement to low-
performing high schools and middle schools.......... 90,000
Illinois State Board of Education, Springfield, IL for
Wheeling CCSD #21 for math achievement in the middle
grades.............................................. 70,000
Illinois State Board of Education, Springfield,
Illinois, for Aurora West SD 129, to assist in
implementing Career Academies at West Senior High
School.............................................. 250,000
Illinois State Board of Education, Springfield,
Illinois, for Carpentersville CUSD 300 for school
improvement interventions in their low-performing
high schools and middle schools..................... 300,000
Illinois State Board of Education, Springfield,
Illinois, for Elgin U 46 to strengthen and expand
the instruction related to the Illinois Learning
Standards in Career and Technical Education......... 250,000
Illinois State Board of Education, Springfield,
Illinois, for Illinois Virtual High School Project.. 50,000
Illinois State Board of Education, Springfield,
Illinois, for the Taft School District 90 to improve
student achievement through technology-based and
resource-based instruction.......................... 150,000
Illinois State Board of Education, Springfield,
Illinois, to establish an early learning program in
Plainfield CCSD 202................................. 150,000
Independence USD 446, Independence, KS, for teacher
training and technology curriculum development...... 250,000
Indian River Community College, Fort Pierce, FL, for
teacher education and training...................... 100,000
Institute for Advanced Learning and Research, Danville,
VA, for technology training for educators and
students............................................ 600,000
Institute for Education and the Arts of the National
Music Center and Museum Foundation, Washington, DC
for a music education demonstration................. 500,000
Institute for Student Achievement, Lake Success, NY, for
educational programs for at-risk students........... 750,000
Institute for Student Achievement, Lake Success, NY, for
programmatic costs at Annandale High School in
Virginia............................................ 225,000
Institute for Student Achievement, Lake Success, NY, for
programmatic costs at Glen Cove High School in New
York................................................ 140,000
Institute of HeartMath, Boulder Creek, CA for a national
demonstration on student standardized testing....... 1,000,000
Intermediate Unit 17 Technology Improvement Project,
Williamsport, PA, to support school districts and
enhance their access to information technology...... 200,000
International Music Products Association, Carlsbad,
California, to provide students in San Diego County
with music education................................ 125,000
Iowa Association of School Boards, Des Moines, IA for
the Lighthouse for School Reform project............ 500,000
Iowa Department of Education to continue and expand a
demonstration program for additional bilingual and
English as a Second Language training............... 1,000,000
Iowa Department of Education to continue the Iowa School
Construction Demonstration Project.................. 7,000,000
Iowa State Education Association, Des Moines, IA, for an
initiative to educate students on the role of
international trade in the U.S. economy............. 155,000
Iron County Schools, Cedar City, UT, to support the
development of the Student Achievement Management
(SAM) information system............................ 100,000
Isaac Stern Education Legacy in New York, NY, to
integrate distance learning and educational
technology with music education programs............ 150,000
JASON Foundation for Education to extend science
education and teacher professional development
programs to schools in South Carolina............... 500,000
Jefferson County Public School District, Golden,
Colorado, for an English Language Development
Program............................................. 500,000
Jefferson County-DuBois AVTS, Reynoldsville, PA, to
improve the technical education capacity of the
school.............................................. 250,000
Junior Achievement of Kentuckiana, Inc., Louisville, KY,
for economic education.............................. 40,000
Junior Achievement of Southwest Pennsylvania, Inc.,
Warrendale, PA, to implement Exhange City, a
nationally recognized, innovative learning program,
in Pittsburgh....................................... 100,000
Kathleen Elementary School, Lakeland, Florida, for
technology enhancements............................. 30,000
Kids Voting South Dakota in Pierre, SD to expand
programming in tribal schools....................... 60,000
KIPP Foundation, San Francisco, CA for KIPP School
Leadership Program.................................. 4,000,000
KNME, Albuquerque, NM, to support the American Indian
Literacy program.................................... 750,000
Knowledge Works, Cincinnati, OH for Ohio High School
Transformation Initiative........................... 1,000,000
L.E.A.D.E.R.S program, Rochester Hills, Michigan for
character education programs........................ 150,000
LA's BEST After School Enrichment Program in Los
Angeles, CA......................................... 400,000
Lafayette Parish School Board, Lafayette, Louisiana, for
technology enhancements............................. 100,000
Lafourche Parish School Board, Thibodaux, Louisiana, for
technology enhancements............................. 100,000
Lake Erie-Allegheny Earth Force, Erie, PA, for
environmental education programs.................... 37,500
Lansing Public Schools, Lansing, MI, to implement the
Help One Student to Succeed Reading Centered School
program............................................. 198,000
Last Frontier Council of the Boy Scouts of America,
Oklahoma City, OK for the Learning for Life program. 200,000
Lenawee Agricultural Learning Center, Adrian, MI, for
fiber optic connection and equipment................ 92,000
Letcher County Board of Education, Whitesburg, Kentucky,
for technology equipment............................ 300,000
Liberty Memorial Association, Kansas City, MO, to
develop education programs for students............. 50,000
Lindsey Wilson College, Columbia, Kentucky, for Math and
Sciences Career Development Center.................. 350,000
Line Mountain School District, Trevorton, PA, to develop
a pilot project designed to offer specialized
curriculum and vocational training related to
careers in volunteer firefighting to high school
students in Pennsylvania............................ 50,000
Livingston Parish Technology and Literacy Center, Denham
Springs, Louisiana, for educational programs........ 71,000
Loess Hills Area Education Agency in Iowa for a
demonstration in early childhood education.......... 750,000
Logan City School District, Logan, UT, for support of
the Early Reading Assistance Project................ 100,000
Long Island Philharmonic Orchestra, Melville, New York,
for music educational programs...................... 250,000
Look Up To Cleveland, Cleveland, Ohio, to encourage the
development of Cleveland's young leaders............ 75,000
Los Angeles County Office of Education, Downey,
California, for the Early Advantage Initiative
project............................................. 500,000
Louisiana Department of Education for TAP, a multi-
tiered, teacher staffing model that provide teachers
with new career growth paths, increased salary
flexibility and ongoing professional development.... 200,000
Lycoming County Career Consortium, Williamsport,
Pennsylvania, to improve the technical education
capacity of the consortium.......................... 100,000
Marketplace for Kids for an entrepreneurial education
program in North Dakota............................. 300,000
Marywood University, Scranton, PA, for technology and
curriculum development for the Center for Assistive
Technology laboratories to provide training to K-12
educators on teaching practices..................... 300,000
Maui Economic Development Board for Girls into Science
Program............................................. 300,000
Medaille College, Buffalo, New York, for literacy
program at the Western New York Center for Literacy
and Learning........................................ 50,000
Messiah College, Grantham, PA, to support initiatives to
improve educational opportunities for children in
grades K-12......................................... 200,000
MicroSociety, Philadelphia, PA, to further develop and
disseminate a whole school model of reform.......... 200,000
Midlands Youth Foundation, Chicago, IL, for the Beat the
Streets Program..................................... 150,000
Military Heritage Foundation, Carlisle Barracks, PA, for
the United States Army Heritage and Education Center
for education materials and programs on military and
social history...................................... 100,000
Milton S. Eisenhower Foundation to continue a
demonstration on full-service schools in Iowa....... 500,000
Milton S. Eisenhower Foundation to support a full-
service community school in the Tukwila school
district in Washington State........................ 250,000
Milton S. Eisenhower Foundation, Washington, DC, to
replicate the full-service community school program
in Pennsylvania..................................... 300,000
Minnesota Historical Society, St. Paul, MN, in
collaboration with the University of Minnesota, for
improving academic achievement through history
education........................................... 25,000
Mira Loma High School, Sacramento, California, for the
International Baccalaureate Program................. 25,000
Mississippi Broadcasting Networks, Jackson, MS, for
public radio broadcast of student writing through
the Rural Voices initiative......................... 100,000
Monett R-1 School District, Monett, MO, for support of
the Southwest Area Career Center, including
acquisition of equipment and technology............. 500,000
Monroe City School District, Monroe, Louisiana, for
technology enhancements............................. 50,000
Moore College of Art and Design, Philadelphia, PA, for
equipment and the expansion of the Young Artists
Workshop, an arts education program offered to
underprivileged students from the Philadelphia
School District..................................... 50,000
Motivational Productions, Garden Ridge, TX, to establish
a violence/drug prevention and character education
program............................................. 250,000
Mountain Arts Center, Prestonsburg, Kentucky, to expand
its music and arts program.......................... 225,000
Mountain Laurel Center, Bushkill, PA, for equipment and
program development related to the Mountain Laurel
Institute........................................... 200,000
Musical Arts Association, Cleveland, OH for education
outreach programs projects.......................... 500,000
Naperville Community Unit School District 203,
Naperville, Illinois, for a P.E. 4LIFE Institute to
train more physical education teachers throughout
the state on proven methods of innovative physical
education programs.................................. 200,000
National Aviary, Pittsburgh, PA, for technology for the
Flite-Zone immersive classroom and expansion of
nature education programs........................... 100,000
National Council of La Raza, Washington, D.C., to
develop assessment guidelines for limited English
proficient students and to expand professional
development academies............................... 500,000
National Foundation for Teaching Entrepreneurship to
Handicapped and Disadvantaged Youth in partnership
with Seattle Public Schools to provide financial
literacy and entrepreneurship education to low-
income and minority youth........................... 100,000
National Foundation for Teaching Entrepreneurship to
Handicapped and Disadvantaged Youth, Inc.,
Pittsburgh, PA, to provide financial literacy and
entrepreneurship education to low-income and
minority youth in Philadelphia and Pittsburgh....... 100,000
National History Day for a history competition in Iowa.. 100,000
National Maritime Heritage Foundation, Washington, DC,
for the Spirit of Enterprise Maritime Heritage
Education Program................................... 75,000
National Science Center Foundation, Augusta, GA for
educational technology and other purposes........... 1,000,000
National Student Partnerships, Washington, DC, for
National Service Program training activities to
improve and evaluate methods of expansion for
national training programs.......................... 100,000
National Ten-Point Leadership Foundation, Boston, MA,
for math and science programs for at-risk youth..... 225,000
New Avenues for Youth, Portland, OR, for educational
services to homeless youth.......................... 30,000
New Orleans Outreach to expand the programming and
administration of their school based volunteer
program............................................. 200,000
New School University, New York, NY, for a pilot program
to provide supplementary services and support to at-
risk, low-income high school students............... 250,000
New York University, Child Study Center, NY, for the
``Parent Corps'' initiative......................... 100,000
New Zion Community Development Foundation, Inc.,
Louisville, Kentucky, for after school programs..... 50,000
North Carolina Electronics and Information Technologies
Association, Raleigh, North Carolina, for its School
Technology Demonstration Project.................... 250,000
North Central Regional Education Laboratory, Naperville,
IL for a center to help states implement the No
Child Left Behind Legislation....................... 200,000
North Rockland Central School District for an Early
Childhood Center in Rockland County, NY............. 50,000
North Slope Borough School District, Barrow, AK, for an
early childhood education program................... 300,000
Northern Illinois University, College of Liberal Arts
and Sciences, DeKalb, IL, for student support,
including stipends, equipment and computers for a
paleontology research project....................... 100,000
Ohio Board of Regents, Columbus, OH, for a science
education network................................... 1,700,000
Ohio Department of Education for Teacher Preparation
Demonstration--Charter College and Apprenticeship
Model............................................... 800,000
Oil City Area School District, Oil City, PA, to
establish a technology laboratory................... 100,000
Oklahoma State Department of Education, Oklahoma City,
Oklahoma, to sustain and expand their handheld
computer program.................................... 150,000
On line Louisiana, New Orleans, LA, for an on-line
project............................................. 200,000
Opera Company of Philadelphia, Philadelphia, PA, for the
Sounds of Learning arts education program........... 50,000
Oregon Partnership, Portland, OR, for a program to close
the achievement gap for Hispanic students........... 125,000
Ouachita Parish School Board, Monroe, Louisiana, for
technology enhancements............................. 50,000
PACE Juvenile Justice Center in Des Moines, Iowa, to
establish the Director's Council of Des Moines to
coordinate youth services........................... 300,000
Pacific Islands Educational Center in American Samoa, to
support the use and application of basic English and
math skills......................................... 400,000
Panhandle Area Educational Consortium, Chipley, Florida,
to establish a reading teacher program.............. 500,000
Parent Institute for Quality Education in San Diego, CA,
to provide a parent training program................ 100,000
Parents as Teachers National Center, St. Louis, MO, to
revise the Born to Learn Curriculum................. 400,000
Parents, Inc., Anchorage, AK, for expansion of Parents
Inc. programs and activities in Alaska.............. 500,000
Parks Unlimited, Inc., Franklin, PA, for environmental
education programs.................................. 50,000
Partners in Economic Progress in Des Moines, IA, for a
mentoring and education support program for
disadvantaged children.............................. 400,000
Partnership for Children, Kansas City, MO, for
structured before and after school educational
programs............................................ 1,000,000
Peace Center, Inc., Louisville, KY, for after school
programs............................................ 20,000
Pennsylvania Academy of Fine Arts, Philadelphia, PA, for
support of an after-school arts program............. 25,000
Pennsylvania Academy of Music, Lancaster, PA, to develop
and conduct a performance-based, classical music
education program................................... 50,000
Pennsylvania Ballet Association, Philadelphia, PA, for
outreach and education programs..................... 100,000
People for People, Inc., Philadelphia, PA, for programs
at the Parent Information Resource Center........... 100,000
Philadelphia Department of Recreation, Philadelphia, PA,
for a mentoring initiative as part of the Camp
William Penn program................................ 50,000
Philadelphia Foundation, Philadelphia, PA, for a Sports
and Entertainment Career Expo to expose high school
students to career opportunities in the sports
industry............................................ 50,000
Philadelphia Health Management Corporation,
Philadelphia, PA, in collaboration with the National
Center for Learning Disabilities, to conduct early
childhood literacy training and program development
activities as part of the Get Ready to Read!
Initiative.......................................... 100,000
Philadelphia Martin Luther King, Jr. Association for
Nonviolence Inc., Philadelphia, PA, for its College
for Teens program................................... 50,000
Philadelphia Mural Arts Advocates, Philadelphia, PA, for
an after-school art education program............... 25,000
Philadelphia Orchestra, Philadelphia, PA, for
educational programs................................ 175,000
Philadelphia Safe and Sound, Philadelphia, PA, to offer
comprehensive youth development activities,
including after-school programming, as part of a
full community school approach...................... 100,000
Philadelphia Zoo, Philadelphia, PA, for the Zoo School
Education program and the Junior Zoo Apprentice New
Ventures program.................................... 250,000
Phipps Conservatory and Botanical Gardens, Pittsburgh,
PA, to provide educational programs for students
visiting the gardens................................ 200,000
Pinal County School District, Arizona, for teacher
quality improvements................................ 500,000
Pittsburgh Technology Council, Pittsburgh, PA, for
technology upgrades and expansion of the Technology
Literacy Initiative to train K-12 teachers and
students in the use of computers.................... 100,000
Pittsburgh Voyager, Pittsburgh, PA, for math and science
education programming for students.................. 250,000
Plymouth Community & Renewal Center, Louisville, KY for
summer day camp and managing adolescent problems.... 20,000
Point Hope Daycare Center, Point Hope, AK, to train
teachers and improve programs for young children.... 50,000
Presbyterian Community Center, Louisville, KY for youth
development education............................... 100,000
Presque Isle State Park, Erie, PA, for curriculum
development and environmental education programs.... 25,000
Prince William County Public Schools, Manassas,
Virginia, for Middle School Reading and Math
Remediation Program................................. 200,000
Prince William County Public Schools, Manassas,
Virginia, for Bilingual Literacy Extended
Kindergarten Program................................ 200,000
Project 2000, Washington, DC, for after school programs
to provide academic and mentoring services to inner
city youth.......................................... 125,000
Project GRAD-USA Inc., Houston, TX, for continued
support and expansion of the program focusing on
school reform....................................... 20,000,000
Project H.O.M.E., Philadelphia, PA, for an afterschool
program............................................. 100,000
Project Rainbow, Philadelphia, PA, to provide early
childhood services and after-school programs........ 250,000
Provo City Public Schools, Provo, Utah, to develop,
purchase and implement an English language
instructional program for training and certifying
ESL teachers........................................ 300,000
Public/Private Ventures, Philadelphia, PA, for the Youth
Education for Tomorrow Center, as part of an after-
school, literacy initiative......................... 50,000
Rabbit Run Community Arts Association, Madison, OH, for
educational programs................................ 90,000
Rapides Parish School Board, Alexandria, Louisiana, for
technology enhancements............................. 100,000
ReadNet Foundation, New York, NY, for a web-based
educational program................................. 300,000
Recognizing Achievement-Rewarding Excellence Foundation,
Troy, MI, for an award and education program and
student leadership services......................... 225,000
Regent University, Virginia Beach, Virginia, for
character education programs in Chesapeake and
Suffolk School systems.............................. 350,000
Research for Better Schools, Philadelphia, PA, to
provide research-based technical assistance to
school districts to assist in implementing math and
science goals....................................... 50,000
Richmond Public School System, Richmond, Virginia, for
technology upgrades................................. 62,000
Rio Rancho Public Schools in New Mexico, for the
Consortium of Teacher Excellence.................... 100,000
Riverside County Office of Education, Riverside, CA, for
the Riverside County Achievement Team Program....... 133,000
Robert Morris College to expand its College Excel
program that provides college academic and career
skills to high school seniors and juniors........... 750,000
Rock School, Philadelphia, PA, to support dance
education and a school outreach program............. 150,000
Salvation Army Boys and Girls Clubs, Louisville, KY, for
Project Learn and Family Learning Centers........... 200,000
San Bernardino City Unified School District, San
Bernardino CA, for vocational training program...... 750,000
San Bernardino City Unified School District, San
Bernardino, CA, for developing English skills for
English learners.................................... 500,000
San Bernardino County Superintendent of Schools, San
Bernardino, California, for a Virtual High Tech High
Program............................................. 500,000
San Juan Unified School District, Carmichael, CA, for
Focus on Literacy project........................... 326,000
San Juan Unified School District, Carmichael, CA, for
Mira Loma High School Arcade Creek environmental
education program................................... 96,000
San Pasqual Academy, Escondido, California, for
information technology infrastructure............... 125,000
School District of La Crosse, La Crosse, WI, for after
school programs..................................... 250,000
School District of Palm Beach County, Florida, to
further a demonstration family literacy education
program............................................. 125,000
School District of Palm Beach County, West Palm Beach,
Florida, to expand curriculum and professional staff
development......................................... 200,000
School District of Philadelphia, Philadelphia, PA, to
reduce school violence by utilizing community
partnerships........................................ 250,000
Schoolcraft College, Livonia, Michigan, for its Pipeline
to Science and Math Program......................... 250,000
Scotland County School District, Laurinburg, North
Carolina, to implement a HOSTS Reading Centered
School Program...................................... 70,000
Scranton Cultural Center, Scranton, PA, for educational
programs............................................ 200,000
Seattle Public Schools in partnership with Community
Training and Assistance Center to provide technical
assistance in educating and involving parents in
school improvement.................................. 200,000
Seneca Highlands AVTS, Port Allegany, PA, for technology
equipment........................................... 100,000
Settlement Music School, Philadelphia, PA, to support a
community arts program for students in the City of
Chester............................................. 100,000
Shawnee Gardens Tenants Association, Inc., Louisville,
KY, for after school programs....................... 35,000
Sioux City Community School District in Sioux City, IA,
to continue and expand the implementation of testing
software in Iowa.................................... 500,000
Smethport Area School District, Smethport, PA, for
technology upgrades................................. 100,000
Sobriety High, St. Paul, MN, for training, curriculum
development and program management.................. 400,000
Somerset Community College, Somerset, Kentucky, to
develop an enhanced Next Generation Project to help
teachers teach the importance of financial literacy
among youth......................................... 400,000
South Carolina Educational Television, Columbia, SC, to
continue the Bridges Demonstration Project to
develop educational curriculum compatible with
digital broadcasting................................ 300,000
Southern Methodist University, Dallas, TX, for the
Dallas Early Childhood Reading Initiative........... 500,000
Southwest Area Career Center, Monett, MO, for equipment. 250,000
Springfield Regional Arts Council, Springfield, MO, for
arts education...................................... 45,000
Spring-Ford Area School District, Collegeville, PA, to
assess students and provide intervention services
for students identified in need of academic
improvement......................................... 75,000
St. Labre Native American Professional Development
Center, Sheridan, WY, to expand a program to train
teachers serving Native American students in an
early literacy learning and math framework.......... 500,000
Stage One: The Louisville Children's Theatre,
Louisville, KY for education projects............... 50,000
Stark County Educational Service Center, Canton, OH for
Leadership Skills for NCLB project.................. 500,000
STARS Club Education Program, Jeffersonville, IN, for
after school and Saturday programs.................. 40,000
State of Alaska, Juneau, AK, for the Right Start
extended-day kindergarten program................... 1,000,000
State of Mississippi, Department of Education, Jackson,
MS, for the Mississippi Math Initiative to improve
math scores of elementary and high school students.. 500,000
Summerbridge Louisville, Louisville, KY for summer
tutoring............................................ 20,000
Sun Area Career and Technology Center, New Berlin, PA... 100,000
Teach for America, New York, NY......................... 2,000,000
Temple Community Development Corporation, Louisville,
Kentucky for the Children Against Negativity (CAN)
program............................................. 50,000
Terrebonne Parish School Board, Houma, Louisiana, for
technology enhancements............................. 100,000
The ART of Leadership Foundation, Birmingham, MI, for
curriculum development and training................. 175,000
The Desert Research Institute, Las Vegas, NV, for an
outdoor program used to teach K-12 students about
the environment of the Mojave Desert................ 100,000
The Landmark School, Prides Crossing, MA, for a
collaborative program with Advocacy Research
designed to detect, track, and treat childhood
dyslexia and other language-based learning
disabilities........................................ 150,000
The Math Forum, Philadelphia, PA, in conjunction with
Drexel University, to support student learning via
an interactive Math website......................... 100,000
The National Association of Music Education (MENC),
Reston, VA, to develop and disseminate information
on model music education programs................... 50,000
The National Civil War Museum, Harrisburg, PA, for the
infrastructure technology components for student
outreach and distance learning...................... 100,000
Thelonious Monk Institute of Jazz, Washington, DC, for
development of its National Jazz Curriculum and
teacher training workshops.......................... 75,000
Think Together, Santa Ana, California, to assist low-
income students with homework, tutoring, and
mentoring........................................... 400,000
Tides Foundation, San Francisco, CA, for the McKelvey
entrepreneurial college scholarships to rural, low
income Pennsylvania high school graduates........... 300,000
To provide assistance to low-performing schools, of
which $18,200,000 shall be for a grant to the
Commonwealth of Pennsylvania Department of Education
to provide assistance, through subgrants, to low-
performing school districts that are slated for
potential take-over and/or on the Education
Empowerment List as prescribed by Pennsylvania State
Law; and of which $1,800,000 shall be for a grant to
Lock Haven University for the Philadelphia School
District/Lock Haven Professional Development
Partnership for professional development and related
services. The Commonwealth initiative is intended to
improve the management and operations of the school
districts; assist with curriculum development;
provide after-school, summer and weekend programs;
offer teacher and principal professional development
and promote the acquisition and effective use of
instructional technology and equipment.............. 20,000,000
Today Foundation, Dallas, TX, for the expansion of the
Imagination Station literacy program to deliver
reading curriculum over the internet using animation 50,000
Together! in Olympia, WA, to support after school
programs for at-risk youth.......................... 50,000
Town of Cumberland, RI, to provide after school
programming for latch key and at risk children...... 50,000
U.S. Dream Academy, Inc., Columbia, MD, to expand after
school programs for at-risk children with a family
history of incarceration............................ 75,000
Unified School District #260, Derby, KS, to develop a
central point for data warehousing in the district.. 250,000
United Neighborhood Centers of Milwaukee, Milwaukee, WI
for early childhood education and after school and
summer programs..................................... 240,000
United Sports Foundation, Downingtown, PA, for computers
and program support for an after school program..... 50,000
United Way of Metropolitan Atlanta, Atlanta, GA, for the
SPARK initiative and Get Ready to Read!............. 150,000
University of Alabama, Tuscaloosa, AL, in conjunction
with the Zelpha Well's Cultural Education Center,
for music education programs for economically
disadvantaged children.............................. 75,000
University of Alaska at Fairbanks for Alaska System for
Early Education Development (SEED) program to expand
early childhood services and to train Early Head
Start teachers with AAS degrees for positions in
rural Alaska........................................ 1,500,000
University of Alaska Museum, Fairbanks, AK, for
educational programs in support of the Summer Arts
Festival............................................ 150,000
University of Alaska, Fairbanks, AK, in collaboration
with the Alaska Department of Education, for the
Alaska Center for Excellence in Schools at the
University of Alaska to assist Alaska's low-
performing schools.................................. 1,000,000
University of Arkansas, Fayetteville, Arkansas, for the
National Office for Rural Measurement and Evaluation
System to improve the instructional practices and
learning possibilities of children from grades 3-8.. 225,000
University of Iowa Belin Blank Center for Gifted
Education to continue the AP Online Academy......... 1,500,000
University of Iowa Belin-Blank Center, Iowa City, IA,
for the Iowa Israel: Partners in Excellence program
to enhance math and science opportunities for rural
Iowa students....................................... 259,000
University of North Florida, Institute of Education,
Jacksonville, Florida, for School Readiness HUBS
Project............................................. 500,000
University of Northern Iowa to continue the 2+2 teacher
education demonstration program..................... 600,000
University of Southern Mississippi, Hattiesburg, MS, for
the Frances A. Karnes Center for Gifted Studies to
support summer gifted and leadership programs and
research............................................ 125,000
University of West Georgia, Carrollton, Georgia, for
technology upgrade, personnel and equipment for the
Advanced Academy of Georgia......................... 200,000
Urban League of Lancaster County Inc., Lancaster, PA,
for Teen Elect...................................... 25,000
US Dream Academy, Columbia, MD, for expanding mentoring
and educational services for children of prisoners
and children falling behind in school............... 450,000
USD 373 Newton Public Schools, Newton, KS, to help
incorporate technology professional development in
the schools......................................... 250,000
Utah State Office of Education, Salt Lake City, UT, to
improve qualifications for teachers who teach
multiple subjects in rural areas.................... 1,000,000
Utah State Office of Education, Salt Lake City, UT, to
improve reading in rural schools.................... 650,000
Valley Youth House, Allentown, PA, for after-school
programming for K-12 students....................... 50,000
Venango County AVTS, Oil City, PA, for technology
equipment........................................... 100,000
Villa Maria Education Center, Villa Maria, PA, to
provide after-school programs for at-risk girls..... 50,000
Virginia Biosciences Development Center, Richmond, VA,
for the Innovative Model for Cognitive Learning
program to develop a pilot project improving
children's cognitive skills......................... 150,000
Virginia Bio-Technology Research Park, Richmond,
Virginia, for pilot program to increase students
capacity and interest to learn by improving
cognitive skills.................................... 250,000
Voyager Expanding Learning, Dallas, Texas, to implement
a Voyager Universal Literacy System demonstration
project in the 6th Congressional District of Texas.. 250,000
Voyager Expanded Learning, Dallas, Texas, to implement a
Voyager Universal Literacy System for kindergarten
and first grade children in the 7th Congressional
District of Ohio.................................... 200,000
Voyager Expanded Learning, Dallas, Texas, to implement a
Voyager Universal Literacy System in the 26th
Congressional District of Texas..................... 250,000
Voyager Expanded Learning, Dallas, TX, to implement the
Voyager Universal Literacy System in public schools
in the 18th Congressional District of Ohio.......... 100,000
Walla Walla Public Schools in Walla Walla, WA for
English as a second language curriculum............. 400,000
Walnut Street Theater, Philadelphia, PA, for its
Educational and Outreach program for K-12 schools... 50,000
War for Empire, Inc., Pittsburgh, PA, to develop new
programming focused on media and teacher/student
outreach and curriculum development................. 185,000
Washoe County School District, Reno, NV, to provide
intensive English language instruction to students
who are non-native speakers of English.............. 200,000
Wayne Art Center, Wayne, PA, to provide teacher training
and workshops for students.......................... 50,000
Weber School District, Ogden, UT, for the development of
the Classroom Observation Robotic Interface (CORI),
a professional development program for teachers..... 500,000
West Philadelphia YMCA, Philadelphia, PA, for
educational and recreational programming to serve
at-risk youth....................................... 200,000
WestEd Eisenhower Regional Consortium for Science and
Mathematics, San Francisco, California, to
demonstrate and provide independent evaluation and
review of the 24 Challenge and Jumping Levels Math
Programs............................................ 150,000
WestEd Eisenhower Regional Consortium for Science and
Mathematics, Tucson, AZ, to implement the 24
Challenge and Jumping Levels program in Pennsylvania 50,000
Western Reserve Historical Society, Cleveland, OH, for
education programs.................................. 200,000
Westmoreland Conservation District, Greensburg, PA, for
education programs.................................. 100,000
Wildlands Conservancy of Eastern Pennsylvania, Emmaus,
PA, for the expansion of hands-on environmental
science learning programs........................... 25,000
Wilderness Center, Wilmot, OH, for educational programs. 32,000
William Penn School District, Lansdowne, PA, to provide
professional development to K-12 teachers and to
deliver educational curriculum to students, as well
as assess progress, using computer-based software
and hardware........................................ 100,000
Wisconsin Cooperative Educational Service Agency #3,
Fennimore, WI, for alternative education programs at
Learning Academies.................................. 150,000
WITF Inc., Harrisburg, PA, to develop an educational
curriculum for the on-line Teach PA History
initiative.......................................... 50,000
Wolf Trap Foundation for the Performing Arts, Vienna,
VA, for developing performing arts and education
programs............................................ 200,000
Working in the Schools in Chicago to expand tutoring and
mentoring programs in the Chicago Public Schools.... 225,000
WQED Multimedia Pittsburgh, Pittsburgh, PA, to develop a
music-based, animated television program and
curriculum to assist students....................... 100,000
WQLN Educational Services, Erie, PA, to expand the
F.A.M.I.L.I.E.S. Turn onto Literacy program......... 25,000
Yavapai County School District, AZ, for teacher quality
improvements........................................ 500,000
Yazoo City Schools, Yazoo City, MS, for curriculum and
library resource improvement........................ 25,000
Yazoo County Schools, Yazoo City, MS, for curriculum and
library resource improvement........................ 25,000
YMCA of Anchorage, AK, for after school activities for
at-risk teens....................................... 250,000
YMCA of Boulder Valley, Boulder, CO, for the
Breakthrough Arts Program........................... 22,500
YMCA of Easton, Easton, PA, for after-school programming
for K-12 students................................... 50,000
YMCA of Harrisburg, Harrisburg, PA, to provide mentoring
services for minority youth......................... 50,000
YMCA of McKeesport, McKeesport, PA, to support the Teen
LEAD program serving at-risk, inner city teens...... 50,000
YMCA of Metropolitan Denver, Denver, CO, to develop a
strong teens agenda................................. 37,500
YMCA of Pennsylvania, Harrisburg, PA, for its Youth in
Government program.................................. 50,000
YMCA of Pittsburgh, Pittsburgh, PA, to offer
introductory computer classes to students as part of
an after school initiative.......................... 50,000
YMCA of Pueblo, Pueblo, CO, for support of a youth
leadership program.................................. 15,000
YMCA of the Pikes Peak Region, Colorado Springs, CO, to
strengthen academic achievement and character
development......................................... 30,000
YMCA of the Rockies, Estes Park, CO, for a leadership
training program.................................... 15,000
Youth Alive, Inc., Louisville, KY, for after school
programs............................................ 50,000
Youth Development Center, Inc., Winchester, VA, for
program development for at-risk and gang prevention
after school programs............................... 350,000
Yukon Flats School District, Fort Yukon, AK, for
development and application of a vocational
education program................................... 250,000
YWCA of Anchorage, AK, for after school enrichment
programs serving at-risk Anchorage schoolchildren
and their mothers................................... 250,000
Zachary Community School Board, Zachary, LA, for
technology enhancements............................. 50,000
Other programs
The conference agreement includes $23,000,000 for the
Ready to Learn program instead of $22,000,000 as proposed by
the House and $24,000,000 as proposed by the Senate.
The conference agreement includes $5,000,000 for dropout
prevention programs as proposed by the Senate. The House did
not propose funding for this program. The conference agreement
includes $1,490,000 for the Close Up program as proposed by the
House. The Senate bill did not propose funding for this
program.
The conference agreement includes $23,674,000 for
advanced placement fees instead of $23,347,000 as proposed by
the House and $24,000,000 as proposed by the Senate.
SAFE SCHOOLS AND CITIZENSHIP EDUCATION
The conference agreement includes $862,813,000 for
programs in safe schools and citizenship education account,
instead of $825,068,000 as proposed by the House and
$818,547,000 as proposed by the Senate.
The conference agreement includes $445,483,000 for State
grants instead of $468,949,000 as proposed by the House and
$422,017,000 as proposed by the Senate.
The agreement also includes $154,680,000 for national
programs instead of $160,180,000 as proposed by the House and
$155,180,000 as proposed by the Senate. The conference
agreement includes funding for the following activities:
School Safety Initiatives............................... $30,000,000
Planning/Needs Assessment/Data for State Grants......... 6,000,000
Safe Schools/Healthy Students........................... 95,000,000
Drug Testing Initiative................................. 2,000,000
Postsecondary Ed Drug and Violence Prevention........... 5,000,000
Impact Evaluation....................................... 2,000,000
Information and materials............................... 1,420,000
Data collection and analysis............................ 2,000,000
Other joint projects with Federal agencies.............. 1,000,000
Other program improvement activities.................... 1,000,000
National Recognition Program............................ 850,000
National Clearinghouse for Educational Facilities....... 300,000
National Coordinator Initiative......................... 8,110,000
The conferees also understand that a minimum of
$9,000,000 remains available under the Project SERV program to
provide for education-related services to school districts in
which the learning environment has been disrupted due to a
violent or traumatic crisis.
The conferees direct the Department to implement the Act
consistent with their intent, as reflected in the table above,
and request an implementation plan to be submitted to the House
and Senate Committees on Appropriations within 30 days of
enactment of the Department of Education Appropriations Act,
2004. To the extent that the Department wishes to reprogram
funds in order to address other activities or alter the
allocation of funds for activities listed in the chart above,
the conferees expect the Department to follow the guidance
provided in this statement of the managers.
The conference agreement includes $300,000 for the
continued operation of the National Clearinghouse for
Educational Facilities, the Nation's sole source for
comprehensive information about school planning, design,
financing, construction and maintenance. These funds will be
used to address issues related to school safety and healthy
school buildings, as described in the administration's budget
request. The conference agreement also includes $700,000 for
the Clearinghouse through the Fund for the Improvement of
Education.
The conference agreement includes bill language requiring
the Department to spend $850,000 for the National Recognition
Awards program under the guidelines described in section 120(f)
of Public Law 105-244.
The conference agreement includes $30,000,000 for grants
to reduce alcohol abuse as proposed by the Senate. The House
did not propose separate funding for this.
The conference agreement includes $50,000,000 for
mentoring programs as proposed by the House instead of
$28,700,000 as proposed by the Senate. The conference agreement
includes $34,000,000 for elementary and secondary school
counseling as proposed by the Senate instead of $32,289,000 as
proposed by the House.
The conference agreement includes $70,000,000 for
physical education programs as proposed by the Senate instead
of $60,000,000 as proposed by the House. The funds should be
used for the purpose identified in the No Child Left Behind
Act, which states: ``The purpose of this subpart is to award
grants and contracts to initiate, expand, and improve physical
education programs for all kindergarten through 12th grade
students.'' The conferees are aware that this Act also requires
the Secretary to report to Congress describing the programs
funded under this subpart, documenting the success of such
programs in improving physical fitness, and making
recommendations for the continuation and improvement of such
programs. The conferees would like this data to inform the
fiscal year 2005 budget processand therefore direct the
Secretary to provide this report to Congress no later than May 3, 2004.
The conference agreement includes $28,812,000 for the
Civic Education program to support both the We the People
programs and the Cooperative Education Exchange, as proposed by
the House and Senate bills. The conferees intend that
$16,890,000 will be provided to the nonprofit Center for Civic
Education to support the We the People programs. Within the
total for the We the People program, the conferees intend that
$2,980,000 be reserved to continue the comprehensive program to
improve public knowledge, understanding, and support of
American democratic institutions which is a cooperative project
among the Center for Civic Education, the Center on Congress at
Indiana University, and the Trust for Representative Democracy
at the National Conference of State Legislatures, and that
$1,490,000 be used for continuation of the school violence
prevention demonstration program, including $500,000 for the
Native American initiative.
The conference agreement also includes $11,922,000 for
the Cooperative Education Exchange program. Within this amount,
the conferees intend that $4,470,750 is for the Center for
Civic Education and $4,470,750 for the National Council on
Economic Education, while the remaining $2,980,500 should be
used to continue the existing grants funded under the
authorizing statute for civics and government education, and
for economic education.
The agreement also includes $25,000,000 for State Grants
for Incarcerated Youth as proposed by the Senate. The House did
not provide funding for this activity.
ENGLISH LANGUAGE ACQUISITION
The conference agreement includes $685,258,000 for
English Language Acquisition programs instead of $685,515,000
as proposed by the House and $669,000,000 as proposed by the
Senate. The conference agreement includes language allowing the
Secretary to transfer funding not needed to continue
discretionary activities under antecedent programs to the
formula program line. The conference agreement includes bill
language which allows the Secretary to calculate fiscal year
2004 State allotments using Census data utilized in making
fiscal year 2003 State allotments and the most recent data
reported by States for the number of immigrant children and
youth. It is the intent of the conferees that data from the
previous year only be used for determining allocations for
fiscal year 2004 and that data from the American Community
Survey will be available for determining the fiscal year 2005
and subsequent years, allocations, as required by the No Child
Left Behind Act.
The No Child Left Behind Act (NCLB) calls for school
districts to significantly accelerate English learners'
progress towards achieving the Act's goals that 100 percent of
all students reach proficient status or higher by 2013-2014.
The conferees are concerned that for areas such as those in
California, where the concentration of English language
learners is high, this will be a challenge. The conferees are
also aware that a number of regional educational offices have
collaborated in an effort to ensure that the goals and
requirements of the No Child Left Behind Act's English
proficiency provisions will be met. The conferees strongly
encourage the Department to provide support for regional
educational initiatives that accelerate the academic progress
of English language learners and recognize that local
educational agencies with heavy concentrations of English
learners are particularly challenged in meeting these
requirements, with agencies in some cases having to double
their instructional efforts to close the academic gap.
SPECIAL EDUCATION
The conference agreement includes $11,307,072,000 for
Special Education instead of $11,049,790,000 as proposed by the
House and $12,227,464,000 as proposed by the Senate. The
agreement provides $5,894,072,000 in fiscal year 2004 and
$5,413,000,000 in fiscal year 2005 funding for this account.
Included in these funds is $10,129,398,000 for Grants to
States part B instead of $9,874,398,000 as proposed by the
House and $11,058,533,000 as proposed by the Senate. The
conferees are concerned that the participation of students with
disabilities in vocational educational programs has led to
confusion regarding who is responsible for providing services
and who is responsible for paying for these services. The
conferees want to remind States and school districts that they
have an obligation to ensure that the services outlined in a
child's individualized education plan are provided in a timely
manner, regardless of where the services are provided.
The conference agreement includes $51,364,000 for State
Program Improvement as proposed by the House instead of
$44,000,000 as proposed by the Senate.
The conference agreement includes $78,589,000 for
research and innovation instead of $77,210,000 as proposed by
both the House and the Senate. Within the amounts provided for
Special Education Research and Innovation, the conference
agreement includes funding for the following:
Best Buddies International, Inc. in Miami, FL, to
enhance the lives of people with mental retardation
by opportunities for one-to-one friendships and
integrated employment............................... $1,000,000
Best Buddies Pennsylvania, Philadelphia, PA, for the
expansion of mentoring programs for individuals with
disabilities........................................ 25,000
Center for Development and Learning, Covington, LA, for
literacy initiative................................. 100,000
City of Rocklin, Rocklin, CA, for expansion of programs
for learning disabled and physically disabled
preschool children.................................. 150,000
Daeman College, Amherst, NY, for a special after school
enrichment program for students with learning
disabilities........................................ 630,000
Eagle Mount, Billings, MT, for Ensuring Success for
Youth with Disabilities program..................... 59,000
Florida School for Deaf and Blind, St. Augustine, FL,
for the Virtual Reality Based Education and Training
Program............................................. 100,000
Hill Top Preparatory School, Rosemont, PA, for the use
of ReadSpeak Action Caption technology as a literacy
tool for students with learning disabilities........ 50,000
Hoffman Homes for Youth, Gettysburg, PA, for a
Therapeutic Horsemanship Center..................... 175,000
International Center on Deafness and the Arts,
Northbrook, IL, for a teacher extension training
program............................................. 100,000
Learning Disabilities Association of America,
Pittsburgh, PA, to expand parent and teacher
training programs and to increase resources
available regarding learning disabilities........... 25,000
Leg Up Farm, York, PA, to provide comprehensive therapy
and rehabilitation for children..................... 175,000
Lehigh University, Bethlehem, PA, for research to
improve the lives of disabled individuals at the
Center for Promoting Healthy Development for
Individuals with Disabilities....................... 100,000
McComb School District, MS, for an Early Childhood
Coalition Project................................... 150,000
Ohio School for the Deaf, Columbus, OH, to install and
support a virtual reality based education and
training for the deaf program....................... 500,000
Spokane School District, WA, for educational technology
to serve deaf and hard of hearing students.......... 200,000
Spurwink Institute, Portland, ME, for the Center for
Learning and Technology to provide assistive
technology for students with learning disabilities.. 250,000
The Wisconsin Council on Developmental Disabilities,
Madison, WI, for a pilot project to help teens with
disabilities plan for the transition out of the
educational system to adult life.................... 275,000
U.S. Disabled Athletes Fund, Atlanta, GA, for Blaze
Sports Clubs in Georgia............................. 75,000
University of Kentucky, Lexington, KY, Center for
Instructional Technology and Learning to help
special education teachers integrate technology into
curriculum.......................................... 1,000,000
University of Northern Colorado National Center on Low-
Incidence Disabilities, Greeley, CO, for support to
local schools, educational professionals, families
of infants, children, and youth with low-incidence
disabilities........................................ 525,000
University of Northern Iowa, Cedar Falls, IA, for
WeBCATT: The National Institute of Technology for
Inclusive Education project......................... 350,000
University of Southern Mississippi, Hattiesburg, MS, for
the Center for Literacy and Assessment.............. 650,000
Wheelchair Foundation, Danville, CA, to train teachers
on how to integrate children with physical
disabilities into the classroom..................... 50,000
Winchester Parks and Recreation Department, Winchester,
VA, for playground equipment to assist disabled
children............................................ 90,000
Workplace Technology Foundation, King of Prussia, PA, to
provide training to special education students to
increase employability upon graduation.............. 75,000
The conference agreement includes $53,133,000 for
technical assistance as proposed by the Senate instead of
$53,481,000 as proposed by the House. The agreement also
includes $39,361,000 for technology and media services as
proposed by the Senate instead of $38,110,000 as proposed by
the House. The agreement includes $11,400,000 for Recordings
for the Blind and Dyslexic.
The agreement also includes $1,500,000 for Public
Telecommunications Information and Training Dissemination as
proposed by the Senate. The House did not contain funds for
this activity.
REHABILITATION SERVICES AND DISABILITY RESEARCH
The conference agreement includes $3,013,305,000 for
Rehabilitation Services and Disability Research instead of
$2,999,165,000 as proposed by the House and $3,004,360,000 as
proposed by the Senate.
The conferees are disturbed by the Department's actions
with respect to funds appropriated in last year's bill, which
were to be used to improve the quality of applied orthotic and
prosthetic research. The conferees understand that the
Department made a decision to allow these funds to lapse,
instead of obligating them for the specific purpose for which
Congress intended them to be used. The Department's actions
violated the clear, statutory intent of the Congress. The
conferees note that these actions follow the Department's
decision to ignore language in the Statement of the Managers
accompanying the fiscal year 2002 appropriations bill which
provided $1,000,000 for this same purpose. The conference
agreement again includes $1,000,000 to continue the orthotic
and prosthetic initiative that the Congress established in
fiscal year 2002. The conferees intend that $1,000,000 included
in the conference agreement shall be awarded to the American
Academy of Orthotists and Prosthetists (AAOP) for activities
that further the purposes of the grant received by the Academy
for the period beginning October 1, 2003. These funds are in
addition to the original $993,500 grant received by the AAOP on
October 1, 2003.
The agreement also includes $23,930,000 for demonstration
and training programs instead of $20,895,000 as proposed by
both the House and the Senate. Within the amounts provided for
vocational rehabilitation demonstration and training programs,
the conference agreement includes funding for the following
activities:
Alaska Center for Independent Living, Anchorage, AK, for
a Personal Assistance Services project to bring
services to more remote rural communities........... $200,000
Association of Retarded Citizens (ARC) of Madison
County, AL, Lowe Mental Retardation Day Program
Facility for equipment and program support.......... 100,000
Cerebral Palsy Research Foundation of Kansas, Wichita,
KS, to continue helping people with disabilities
obtain self-sufficient employment................... 350,000
City of Henderson, NV, for Inclusion Recreation Program. 500,000
Crawford County Life Enrichment Achievement Progress
(LEAP), Inc., Crawford, PA, to create a workshop
open to the community that would demonstrate what
life is like for those with disabilities............ 10,000
Enable America, Inc., Tampa, FL, for civic/citizenship
demonstration project for disabled adults........... 1,000,000
Lakeshore Foundation, Birmingham, AL, to develop a
fitness and health promotion program for the
disabled............................................ 200,000
National Federation for the Blind, Baltimore, MD, for
text recognition machines........................... 150,000
National Industries for the Blind, Alexandria, VA, to
develop a business leadership and management skills
training program for individuals who are blind...... 250,000
National Organization on Disability, Washington, DC, for
the emergency preparedness initiative............... 1,000,000
National University, La Jolla, CA, for the Institute for
Persons Who Are Hard of Hearing or Deaf............. 625,000
Opportunity Village Association for Retarded Citizens,
Las Vegas, NV, to create the second phase of a
school-to-work program for students with severe
disabilities........................................ 200,000
Southeast Alaska Independent Living (SAIL), Juneau, AK,
for a joint recreation and employment project with
the Tlingit and Haida Tribe of Alaska............... 200,000
Special Olympics of Iowa for technology upgrades........ 100,000
Wisconsin Coalition for Independent Living Centers,
Madison, WI, to expand assistive technology services
to people with disabilities seeking employment...... 150,000
The conference agreement includes $22,151,000 for
Independent Living State Grants as proposed by the Senate
instead of $22,296,000 as proposed by the House. The agreement
also includes $74,000,000 for Independent Living Centers
instead of $75,000,000 as proposed by the House and $69,545,000
as proposed by the Senate. The agreement also includes
$32,000,000 for services for older blind individuals as
proposed by the House instead of $27,818,000 as proposed by the
Senate.
The conference agreement includes $107,285,000 for the
National Institute on Disability and Rehabilitation Research
instead of $110,000,000 as proposed by the House and
$109,285,000 as proposed by the Senate.
The conference agreement includes $26,097,000 for
assistive technology instead of $11,132,000 as proposed by the
House and $26,824,000 as proposed by the Senate. The agreement
also includes language allowing States which have received
assistive technology extension grants in the past and are
scheduled to be phased out of the program to continue to
receive an award in fiscal year 2004 at the fiscal year 2003
level. This language is provided to allow time for the
authorizing committees of jurisdiction to review the program in
the context of reauthorizing the Assistive Technology Act. The
conferees are aware that this program was originally designed
to be ``seed money'' to develop assistive technology activities
at the State level. The authorizing statute specifies that the
State grant portion of the program would sunset after ten
years, giving States time to develop their own programs in this
area. The conferees note that more than $36,000,000 was awarded
for grants under title III of the Assistive Technology Act,
which will support authorized activities through at least
fiscal year 2004 for all grantees. This conference agreement
does not include additional funds for such activities, but the
conferees intend to examine the performance outcomes achieved
under this program and evaluate additional funding needed to
continue authorized activities in the fiscal year 2005 budget
process. The conferees support the goal of this program, which
is to maximize the independence and participation in society by
individuals with disabilities through the establishment or
expansion of programs that fund alternatives to the traditional
payment options of public assistance and self-financing so that
individuals with disabilities can acquire assistive technology
devices and services.
SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES
American Printing House for the Blind
The conference agreement does not include language
proposed by the Senate regarding acquisition of equipment. The
House bill contained no similar language.
National Technical Institute for the Deaf
The conference agreement includes $53,800,000 for the
National Technical Institute for the Deaf as proposed by the
Senate instead of $53,867,000 as proposed by the House.
Gallaudet University
The conference agreement includes $100,800,000 for
Gallaudet University as proposed by the Senate instead of
$100,600,000 as proposed by the House.
Vocational and Adult Education
The conference agreement includes $2,121,690,000 for
Vocational and Adult Education instead of $2,101,430,000 as
proposed by the House and $2,101,490,000 as proposed by the
Senate. The agreement provides $1,330,690,000 in fiscal year
2004 and $791,000,000 in fiscal year 2005 funding for this
account.
The conference agreement includes $1,202,100,000 for
Vocational Education basic State grants instead of
$1,200,000,000 as proposed by the House and $1,192,200,000 as
proposed by the Senate.
The conference agreement includes $7,228,000 for Tribally
Controlled Postsecondary Vocational Institutions instead of
$7,500,000 as proposed by the Senate and $6,955,000 as proposed
by the House. The agreement also includes language proposed by
the Senate notwithstanding any other provision of law or any
regulation that the Secretary of Education shall not require
the use of a restricted indirect cost rate for grants issued
pursuant to the tribally controlled postsecondary vocational
and technical institutions program. The House did not contain
this provision.
The conference agreement includes $4,968,000 for the
tech-prep education demonstration authorized under section 207
of the Perkins Act as proposed by the Senate. The agreement
also includes $9,438,000 to continue the occupational and
employment information program as proposed by the Senate. The
House did not include funding for these activities.
The conference agreement includes $577,781,000 for adult
education State grants instead of $584,300,000 as proposed by
the House and $571,262,000 as proposed by the Senate. The
agreement also includes $9,223,000 for adult education national
leadership activities and $6,732,000 for the National Institute
for Literacy as proposed by the Senate. The House proposed
funding for these activities at $9,438,000 and $6,517,000,
respectively.
The conference agreement also includes $175,000,000 for
the smaller learning communities program as proposed by the
House instead of $160,947,000 as proposed by the Senate. As in
past years, the conference agreement provides the funds on a
forward funding basis and specifies that these funds shall be
used only for activities related to the redesign of large high
schools enrolling 1,000 or more students.
The conference agreement includes $10,000,000 for
community technology centers instead of $20,000,000 as proposed
by the Senate. The House did not propose funding for this
activity.
STUDENT FINANCIAL ASSISTANCE
The conference agreement includes $14,090,430,000 for
Student Financial Assistance instead of $14,247,432,000 as
proposed by the House and $14,174,115,000 as proposed by the
Senate.
The agreement provides a program level of $12,077,998,000
for Pell Grants instead of $12,250,000,000 as proposed by the
House and $12,176,683,000 as proposed by the Senate.
The conferees continue to be concerned about issues
within the consolidation loan program. The conferees are aware
that some borrowers would like to see the current law changed
to allow for consolidation with any lender or holder,
regardless of how many lenders with whom the borrower has
loans. The conferees are concerned that without change to the
current law governing consolidation loans, some borrowers may
not be permitted to consolidate their loans with any lender
they choose. The leaders of the authorizing committees have
expressed a desire to address this and other issues during the
reauthorization of the Higher Education Act so as to address
the Consolidation Loan Program as a whole. The conferees
strongly urge those committees to take action quickly to ensure
borrowers have the best options available to them in order to
manage their student loan obligations.
The conferees are aware that section 428H(d)(2) of the
Higher Education Act permits the Secretary to increase
unsubsidized loan limits, beyond those limits expressly
contained in the Act, in cases where he determines that a
higher amount is warranted in order to carry out the purpose of
the Federal Family Education Loan Program (FFELP) with respect
to students engaged in specialized training requiring
exceptionally high costs of education. The conferees are also
aware that in exercising this discretion, the Secretary has
provided increased loan limits for students in numerous
graduate and professional medical programs but has not done so
for the comparable program of doctor of naturopathic medicine
(ND). The conferees direct the Secretary to examine the
borrowing needs of graduate naturopathic medical students to
determine whether they should be given additional borrowing
opportunities under the FFELP.
STUDENT AID ADMINISTRATION
The conference agreement includes $118,010,000 for
student aid administration instead of $120,010,000 as proposed
by the House and $104,703,000 as proposed by the Senate.
HIGHER EDUCATION
The conference agreement includes $2,094,511,000 for
Higher Education instead of $1,974,036,000 as proposed by the
House and $1,969,982,000 as proposed by the Senate.
Aid for Institutional Development
The conference agreement includes $94,551,000 for
Hispanic Serving Institutions as proposed by the Senate instead
of $93,551,000 as proposed by the House. The conference
agreement also includes $11,000,000 for Alaska and Native
Hawaiian Institutions as proposed by the Senate instead of
$8,180,000 as proposed by the House.
The conference agreement includes $23,425,000 for
strengthening tribal colleges and universities, instead of
$22,850,000 as proposed by the House and $24,000,000 as
proposed by the Senate. The conferees agree that the funds
provided are to be used to support continuation of existing
basic grants and new planning or implementation grant awards.
The remaining funds shall be available for grants for
renovation and construction of facilities to help address
urgently needed facilities repair and expansion.
International Education and Foreign Language Studies
The conference agreement includes $89,740,000 for the
domestic activities of the international education and foreign
languages studies programs instead of $93,240,000 as proposed
by the House and $86,240,000 as proposed by the Senate.
Fund for the Improvement of Postsecondary Education
The conference agreement includes $155,311,000 for the
Fund for the Improvement of Postsecondary Education instead of
$34,138,000 as proposed by the House and $32,201,000 as
proposed by the Senate. Within the amounts provided for the
Fund for the Improvement of Postsecondary Education, the
conference agreement includes funding for the following:
AIB College of Business, Des Moines, IA, to continue a
program of recruiting and training students in
captioning and court reporting...................... $400,000
Alabama College System Microelectronics Consortium,
Andalusia, AL, for the advanced electronics
technology project, including the acquisition of
technology and equipment............................ 250,000
Alaska Christian College, Soldotna, AK, for
scholarships, recruitment, literacy programs and
salaries to support Native student learning......... 400,000
Alaska Pacific University, Anchorage, AK, to support
training of Alaska Natives as teachers through the
Rural Alaska Native Adult Program................... 300,000
Allegheny College, Meadville, PA, for civic education
activities.......................................... 25,000
Alverno College in Milwaukee, Wisconsin for the
development of a collaborative abilities-based
Master's program in Nursing Education............... 160,000
American Academy of Liberal Education, Washington, DC,
to develop a national model for the study of
American democracy at colleges and universities..... 100,000
Appalachian State University, Boone, North Carolina, for
the Appalachian State College Awareness Program..... 75,000
Arkansas Tech University, Russellville, Arkansas, for an
Emergency Administration and Management Degree
Program............................................. 500,000
Ashland University, Ashland, OH for lab equipment....... 500,000
Association of Jesuit Colleges and Universities to
establish the Center for On-Line Bioethics Education 250,000
Ball State University, Muncie, IN, for support of the
Digital Middletown Project, including the
acquisition of technology........................... 600,000
Bennett College, Greensboro, NC, for professional
development activities for teachers supported
through the Curriculum Instructional Materials
Center.............................................. 1,000,000
Bevill State Community College, Sumiton, Alabama, for
technology upgrade and equipment.................... 300,000
Brescia University, Owensboro, KY, for technology and
teacher training.................................... 400,000
Brevard Community College, Cocoa, FL, for instructional
equipment to support a Distributed Learning Center.. 300,000
Bryant College of Smithfield, RI, for program
development, including acquisition of equipment and
technology, and services related to the Community
Communication and Education Center.................. 200,000
Buffalo State College, Buffalo, New York, for expansion
of the Center for Excellence in Urban and Rural
Education........................................... 100,000
Bushnell Center for the Performing Arts in Connecticut
for the PARTNERS Program............................ 50,000
Cabrini College, Radnor, PA, for equipment and
educational programming for the Center for Science,
Education and Technology............................ 200,000
California Institute of Arts, Valencia, California, for
an integrated media program......................... 200,000
California State Polytechnic University, Pomona, CA, for
a Digital Media Program............................. 750,000
California State University, San Marcos, California, for
nursing programs to meet the needs of state and
county in healthcare................................ 350,000
California State University, Stanislaus, Turlock, CA,
for Allied Health Care Professional Initiative...... 167,000
Campbellsville University, Campbellsville, KY, for an
Associate Degree in Nursing program................. 300,000
Catawba Valley Community College, Hickory, North
Carolina, for the Higher Education Center Project... 250,000
Centenary College, Hackettstown, New Jersey, to expand
IT infrastructure................................... 200,000
Central Florida Community College, Ocala, FL............ 496,000
Chamber Foundation, Greater Columbus Chamber of
Commerce, Columbus, OH, for the College Access and
Work-based Connection program....................... 350,000
Chattanooga State Technical Community College,
Chattanooga, TN, for Tennessee Valley Workforce
Aging Management Program initiative................. 500,000
Cheyney University, Cheyney, PA, to develop educational
programming for the Center for Teacher Preparation.. 100,000
City of Lancaster, Lancaster, CA, for equipment for the
Lancaster University Center......................... 400,000
City of Moultrie, GA, for technology upgrades in support
of distance learning projects undertaken by Moultrie
Technical College................................... 25,000
City University, Bellevue, Washington, for technology
infrastructure...................................... 300,000
Clark State Community College, Springfield, Ohio, to
implement a degree program for teachers' aides in
Title I classrooms.................................. 100,000
Clatsop Community College, Astoria, OR, for acquisition
of computers and technology equipment............... 50,000
Cleveland Institute of Art, Cleveland, OH for technology 300,000
Cleveland State University, Cleveland, OH for a
transition from laboratory to the classroom project. 300,000
Cleveland State University, Cleveland, OH for
scholarships, equipment and curriculum development
in transportation safety............................ 250,000
Cleveland State University, Cleveland, OH to continue
the collaboration between Cleveland State and the
University of Rijeka in Croatia for the Unger
Croatia Center for Local Government Leadship........ 100,000
Clinton School of Public Service at the University of
Arkansas for curriculum development................. 1,000,000
College of Charleston Science Center, Charleston, South
Carolina, for equipment and for the Center for
Teacher Leadership.................................. 100,000
College of New Jersey, Ewing, NJ for forensic science
program............................................. 225,000
College of Southern Idaho, Twin Falls, ID, to continue
implementing and enhancing distance learning
programs............................................ 300,000
College of Wooster, Wooster, OH for information and
instructional technology upgrade.................... 975,000
Columbia College, Chicago, IL for student scholarships
in the College of Film and Video.................... 250,000
Columbia Gorge Community College, The Dalles, OR, for a
nurse training program.............................. 500,000
Community College of Allegheny County, Pittsburgh, PA,
for equipment and educational programs to train
court reporters..................................... 200,000
Community College of Beaver County, Beaver Falls, PA,
for educational programs, including the acquisition
of technology....................................... 100,000
Community College of Southern Nevada, Las Vegas, NV, for
engineering and media technologies programs......... 350,000
Concurrent Technologies Corporation, Largo, Florida, for
Community College/Vocational Industry Cluster HUBS
initiative.......................................... 1,000,000
Crowder College, Neosho, MO, for equipment.............. 250,000
Cumberland College, Williamsburg, Kentucky, for
technology and equipment............................ 600,000
Daniel Webster College, Nashua, NH, to acquire
technology and equipment............................ 1,000,000
Darton College, Albany, GA, for the rural technology
network............................................. 200,000
Daytona Beach Community College, Daytona Beach, Florida,
for instructional equipment and technology
infrastructure for the Advanced Technology Center... 100,000
Defiance College, Defiance, Ohio, for Information
Technology Initiative............................... 350,000
Delaware County Industrial Development Authority, Media,
PA, for faculty and students of academic
institutions to collaborate with industry on
research and development as part of their
engineering programs................................ 100,000
Delta State University, Cleveland, MS, for the Delta
Education Initiative................................ 1,000,000
DeSales University, Center Valley, PA, for computer
wiring and technology upgrades related to training
K-12 teachers and students.......................... 100,000
Duquesne University, Pittsburgh, PA, for program support
at the supercomputing center, with a focus on
biotechnology, nanotechnology and environmental
sciences............................................ 100,000
East Stroudsburg University, East Stroudsburg, PA, for
technological infrastructure related to the Center
for Research and Economic Development............... 200,000
Eckerd College, St. Petersburg, Florida, to upgrade
educational computing and technology................ 1,000,000
Edinboro University of Pennsylvania, Edinboro, PA, to
develop curriculum and education programs for the
Precision Manufacturing Institute................... 100,000
Educational Resources Group, Pennsylvania State System
of Higher Education, Harrisburg, PA, for online
education programs.................................. 100,000
Eisenhower Fellowships, Philadelphia, PA, for the
Philadelphia International Leadership, which may
include support of access to foreign educational and
internship programs................................. 100,000
Embry-Riddle Aeronautical University, Prescott, AZ for
archive of aviation materials....................... 1,000,000
Emerson College in Boston for the Tufte Performance and
Production Center Initiative........................ 500,000
Emmanuel College, Boston, MA, for the procurement of
educational and clinical research equipment......... 475,000
Empire State College, Saratoga Springs, NY for an
emergency management degree program................. 100,000
Fayetteville Technical Community College, Fayetteville,
North Carolina, for technology-training program for
teachers............................................ 250,000
Fisk University, Nashville, TN, for the Technology
Infrastructure Initiative, which may include the
acquisition of technology........................... 250,000
Fort Lewis College, Durango, CO, for curriculum
materials and acquisition of computers in support of
the Southwest Studies Institute..................... 50,000
Fort Lewis College, Durango, CO, for technology upgrades
and equipment....................................... 50,000
Frank Phillips College, Borger, TX, for education
technology.......................................... 250,000
Gadsden State Community College, Gadsden, AL, for
curriculum development for the Alabama Institute for
Nursing Education and Emergency Preparedness........ 400,000
Gadsden State Community College, Gadsden, Alabama, for
technology infrastructure development for the
Emergency Medical Services (EMS).................... 250,000
George Meany Center for Labor Studies--the National
Labor College for curriculum development............ 900,000
Georgia College and State University, Milledgeville, GA,
for the Paul Coverdell Institute and Archives....... 100,000
Glendale Community College for K-12 Science Teacher
Training at the Cimmarusti Science Center........... 100,000
Gonzaga University, Spokane, WA, for the inland
northwest natural resources research center......... 350,000
Govergence, Inc., Ponca City, OK, for curriculum
development, computers and salary................... 50,000
Harcum College, Bryn Mawr, PA, for laboratory and clinic
equipment........................................... 500,000
Harrisburg University of Science and Technology,
Harrisburg, PA, for laboratory equipment and
technology and math and science curriculum
development......................................... 100,000
Hepatitis B Foundation, Doylestown, PA, for education
programs to prepare post-secondary students for
careers in biomedical research, public health and
biotechnology....................................... 200,000
Hilbert College, Hamburg, NY, for curriculum
development, equipment and training................. 250,000
Hillsborough Community College, Plant City Campus,
Florida, for veterinarian technician training
program............................................. 250,000
Hinds Community College, Raymond, MS, for a pilot
program to provide English as a Second Language to
adults.............................................. 200,000
Hiram College, Hiram, OH, for a comprehensive
environmental education center...................... 500,000
Hobart and Williams Smith Colleges, Geneva, New York,
for equipment....................................... 250,000
Holy Family University, Philadelphia, PA, for teacher
training and teacher certification programs......... 50,000
Holyoke Community College, Holyoke, MA, for Business and
Technology Center educational equipment and programs 350,000
Hood River Integrated Technology Center, Hood River, OR,
for an integrated technology center................. 50,000
Housatonic Community College, Bridgeport, Connecticut,
for the urban multicultural access and success
program............................................. 150,000
Houston Community College System, Houston, Texas, for
the Accelerated Nursing Proficiency Center.......... 50,000
Husson College, Bangor, ME, for support of the
Occupational Therapy Program........................ 50,000
Hutchinson Community College, Hutchinson, Kansas, for
equipment and technology acquisition................ 250,000
Idaho State University, Pocatello, Idaho, for a Masters
degree program in Dental Hygiene.................... 400,000
Illinois State University, Normal, IL, to support
curriculum development, mentoring and recruitment
programs to bring registered nurses into long term
care................................................ 300,000
Indiana University of Pennsylvania, Indiana, PA, for the
Computing Services Center to train K-12 teachers and
for the National Institute for Corrections Education
to provide professional development for corrections
education teachers.................................. 50,000
Indiana University-Purdue University, Ft. Wayne,
Indiana, for collaboration with WFWA PBS-39......... 150,000
Institute of Gerontology/Ruby Gerontology Center,
California State University, Fullerton, Fullerton,
CA, to upgrade the technological infrastructure and
distance education capabilities..................... 500,000
Iowa Central Community College, Fort Dodge, IA, for the
ICN distance learning pilot program................. 250,000
Iowa Hospital Education and Research Foundation for a
scholarship program................................. 50,000
Iowa Student Aid Commission to continue a program of
loan forgiveness for teachers....................... 500,000
Jackson State University, Jackson, MS, for the Project
Urban Mississippi, Teachers, Technology, Research
and Reading project................................. 300,000
James A. Rhodes State College, Lima, Ohio, for
technology and equipment............................ 250,000
Jamestown Community College, Jamestown, NY, for access
for rural students.................................. 50,000
Johnson and Wales University, Charlotte, North Carolina,
for initial development, on site start-up and staff
recruitment costs for the establishment of a new
campus in downtown Charlotte........................ 200,000
Kansas Technology Center, Pittsburg State University,
Pittsburg, KS, for technology infrastructure
improvements........................................ 500,000
Kennebec Valley Community College, Fairfield, ME, to
develop a healthcare career training initiative
designed to increase the number of skilled workers
in the areas of Nursing and Radiology............... 300,000
Kent State University, Kent, OH, for GED Scholars
project............................................. 500,000
Kent State University, Kent, OH, for Institute for
Library and Informational Literacy Education project 750,000
Keystone College, LaPlume, PA, for instructional
technology for the Education Curriculum Laboratory
to strengthen early childhood education programming. 100,000
Kishwaukee College, Malta, IL, for computer systems..... 250,000
Knoxville College, Knoxville, TN, for acquisition of
equipment and computer upgrades in support of
improved student learning........................... 200,000
La Salle University, Philadelphia, PA, for program and
tuition support that will advance math and science
instruction for teachers............................ 250,000
La Sierra University, Riverside, CA, for the purchase of
scientific educational equipment.................... 133,000
Lander University, Greenwood, South Carolina, for a
Montessori project.................................. 250,000
Langston University, Langston, OK for a Thurgood
Marshall Scholarship endowment...................... 100,000
Le-Moyne Owen College, Memphis, TN, to enhance and
improve a computer network infrastructure........... 200,000
Lewis-Clark State College, Lewiston, ID, to establish an
American Indian Students in the Leadership of
Education (AISLE) Program........................... 450,000
Lincoln University, Lincoln University, PA, for campus-
wide technology upgrades and wiring................. 100,000
Long Island University for literacy education in
Westbury, New York.................................. 500,000
Lorain County Community College, Elyria, OH, for course
development, instructional and operational
technology support, technological upgrades, and
distance learning capacity.......................... 500,000
Louisiana State University Center, Baton Rouge, LA, for
a Latin American Commercial Law Program and a
Biotechnology and Medicine project.................. 550,000
Lourdes College, Sylvania, OH, to improve science
education........................................... 100,000
Luther College, Decorah, IA for lab equipment........... 300,000
Macon State University, Macon, GA, for educational
programs in information technology.................. 50,000
Maricopa County Community College District, Phoenix, AZ,
for the National Center for Teacher Preparation and
Education to address the national teacher shortage
and for the Hispanic Bilingual Nursing Fellow
program............................................. 300,000
Maryland Association of Community Colleges to improve
instruction in Information Technology for nursing
and allied health training programs................. 1,000,000
Mercer University, Macon GA for a critical personnel
development program................................. 200,000
Mercyhurst College, Erie, PA, for an intelligence-
related academic program that will identify and
propagate intelligence best practices and create
generic intelligence education courses.............. 300,000
Mesa State College, Grand Junction, Colorado, for the
Western Colorado Rural Teacher Initiative........... 150,000
Miami University, Oxford, Ohio, for technology upgrades
and equipment for the McGuffey School of Education.. 650,000
Michigan Jewish Institute, Oak Park, MI for cooperative
computing program................................... 500,000
Michigan Virtual University/Michigan Virtual High
School, Lansing Michigan, continued development of
the virtual Mathematics, Science and Technology
Academy............................................. 100,000
Midstate College in Peoria, Illinois, for captioning
training program.................................... 75,000
Millersville University, Millersville, PA, for
curriculum development for environmental education,
occupational safety and health education programs... 100,000
Minnesota State University, College of Allied Health &
Nursing, Mankato, MN, for development and
implementation of a curriculum related to allied
health professions.................................. 100,000
Mississippi University for Women, Columbus, MS, for the
Center for Creative Learning........................ 980,000
Mississippi Valley State University, Itta Bena, MS, for
curriculum development.............................. 500,000
Missouri Southern State College, Joplin, Missouri, for
computers and equipment for distance learning
courses............................................. 321,000
Mitchell Technical Institute in Mitchell, South Dakota
for technology center equipment..................... 480,000
Montana State University-Billings College of Technology,
Billings, MT, for health care degree and certificate
training programs................................... 441,000
Montana State University-Billings College of Technology,
Billings, MT, to develop and initiate a power plant
operator training degree program.................... 750,000
Montgomery County Community College, Blue Bell, PA, for
equipment and technology acquisition in support of
the Advanced Center for Technology.................. 75,000
Moravian College, Bethlehem, PA, for computer wiring and
technology upgrades related to training K-12
teachers and students............................... 100,000
Morehead State University, Institute for Regional
Analysis and Public Policy, Morehead, Kentucky, for
the development of a program, including student
scholarships, to study the implementation and
effects of homeland security policy at the state and
local levels of government.......................... 500,000
Morgan County Ohio, McConnelsville, OH, for a
feasibility study on community college services..... 100,000
Mote Marine Laboratory, Sarasota, Florida, for
curriculum and technology enhancements.............. 975,000
Mount Marty College in Yankton, South Dakota for
forensic science lab equipment...................... 150,000
Mount Union College, Alliance, OH for the Center for
Public Service, including student scholarships...... 1,000,000
Mt. Hood Community College, Gresham, OR, for a nurse
training program.................................... 50,000
Muhlenberg College, Allentown, PA, to develop a program
for advanced discovery in the exploration of the
physical and life sciences at the secondary and
post-secondary grade levels......................... 100,000
National Articulation and Transfer Network, San
Francisco, CA to facilitate the enrollment and
completion of postsecondary education by minority
students............................................ 100,000
National Association for Equal Opportunity in Higher
Education, Silver Spring, MD, for an initiative to
increase minority access to higher education and to
assist historically black colleges and universities
in the acquisition and use of technology............ 100,000
National Center on Rural Early Childhood Learning
Initiatives, Mississippi State University to collect
current research and lead new research in the unique
learning problems and conditions of rural
preschoolers........................................ 2,200,000
Nevada State College, Henderson, NV, for a visual media
and computing laboratory............................ 200,000
Nevada State College, Henderson, NV, to establish an
accelerated nursing baccalaureate degree program.... 500,000
New College of Florida, Sarasota, FL, for Merging Arts
and Sciences project................................ 150,000
Nicholls State University, Thibodaux, LA, for an
Advanced Technology Center.......................... 200,000
North Florida Community College, Madison, Florida, for a
Registered Nursing Program.......................... 250,000
Northern Essex Community College, Lawrence, MA, for
technology training center equipment and technology
infrastructure...................................... 200,000
Northern Illinois University in DeKalb, IL, for
acquisition of equipment and program support of the
Vibration and Acoustics Center...................... 100,000
Northern Illinois University, DeKalb, Illinois, for
equipment, personnel and salaries................... 500,000
Northwest Shoals Community College, Phil Campbell,
Alabama, for technology upgrades.................... 50,000
Northwestern College, Orange City, IA, for equipment.... 50,000
Northwestern State University, Natchitoches, Louisiana,
for technology upgrade and replacement.............. 250,000
Norwalk Community College, Norwalk, CT for Nursing
Center of Excellence................................ 150,000
Oakland Community College, Auburn Hills, MI for
emergency first responder training.................. 150,000
Oklahoma Regents of Higher Education, Oklahoma City, OK,
to support Ponca City's internet Hub project........ 50,000
Oregon Health Sciences University, Portland, OR, for the
Nanobio Technology Program.......................... 300,000
Oregon Institute of Technology, Klamath Falls, OR, for
the Center for Health Professions................... 50,000
Ozarks Technical Community College, Springfield, MO, for
equipment........................................... 250,000
Palmer Chiropractic College in Florida.................. 400,000
Pennsylvania State University, University Park, PA, for
the Penn State Washington Internship Program........ 25,000
Pennsylvania State University, University Park, PA, for
the Pennsylvania Rural Leadership Program........... 125,000
Perseverance Theatre, Douglas, AK to provide an
educational program for Juneau School District
students and the University of Alaska--Southeast in
the theater arts.................................... 50,000
Philadelphia College of Osteopathic Medicine (PCOM),
Philadelphia, PA for a Comprehensive Clinical
Teaching and Assessment Center...................... 100,000
Philadelphia University, Philadelphia, PA, to acquire
and update campus wide technology and wiring........ 600,000
Pierce College, Philadelphia, PA, technology upgrades
and course development for the Pierce Online Four-
Year Distance Learning initiative................... 200,000
Pittsburgh Digital Greenhouse, Pittsburgh, PA, to
facilitate work between research universities....... 250,000
Pittsburgh Life Sciences Greenhouse, Pittsburgh, PA, to
better link research to technology.................. 100,000
Point Park College, Pittsburgh, PA, for support of a
biotechnology internship program and for equipment
associated with science laboratories................ 100,000
Project Women, Louisville, KY, to support postsecondary
educational opportunities for single mothers in
poverty, through financial, educational, social, and
other support programs.............................. 400,000
Regional Learning Alliance, Marshall Township, PA, to
acquire instructional technology and to develop
programming as part of a life-long education
services initiative for Pittsburgh regional industry
and community residents............................. 200,000
Rhodes College, Memphis, TN, for the Rhodes College
Learning Corridor project to expand an educational
outreach and partnership program between the
University and the Shelby County public school
system.............................................. 500,000
Rhodes State College, Lima, OH, for wiring, computer
hardware and other infrastructure needs related to
an information technology initiative................ 250,000
Robotics Foundry, Pittsburgh, Pennsylvania, for
curriculum development.............................. 150,000
Saint Leo University, Saint Leo, FL, for Corporate to
Classroom Transition................................ 300,000
Saint Leo University, Saint Leo, Florida, for distance
learning and video conferencing education........... 500,000
Salt Lake Community College, Salt Lake City, UT, to
continue to develop the technology infrastructure
for Smart Classrooms................................ 200,000
Santa Clarita Community College District, California,
for equipment....................................... 400,000
Savannah State University, Savannah, GA for
environmental sciences and mass communications
programs............................................ 200,000
Savannah State University, Savannah, Georgia, to improve
the attainment of degrees........................... 50,000
Schoolcraft College, Livonia, Michigan, for student
support systems, equipment, faculty development and
curriculum.......................................... 350,000
Seminole State College, Seminole, OK, for equipment
acquisition in support of a technology center....... 300,000
Seminole State College, Seminole, Oklahoma, for the Fast
Track program at the School of Nursing for student
support, scholarships and other services and
assistance.......................................... 50,000
Seton Hill University, Greensburg, PA, for a series of
training workshops to develop and implement Seton
Hill's National Education Center for Women in
Business............................................ 150,000
Sheldon-Jackson College, Sitka, AK, for teacher training
and training of human services professionals........ 500,000
Shenandoah University, Winchester, VA, to expand and
enhance the programming of the John O. Marsh
Institute for Government and Public Policy.......... 250,000
Shepherd Community and Technical College, Martinsburg,
West Virginia, for equipment for the Shepherd CTC
paramedic program................................... 100,000
Shippensburg University, Shippensburg, PA, for
educational programs at the Center for Land Use,
which may include technical, educational and
research assistance to municipal officials in
surrounding areas................................... 100,000
Southeast Missouri State University River Campus, Cape
Girardeau, MO, for technology equipment............. 1,500,000
Southeast Missouri State University, Cape Girardeau, MO,
for its Bachelor of Science in Nursing program for
registered nurses in the Bootheel Region of Missouri 250,000
Southeast Missouri State University, Cape Girardeau, MO,
for the Polycom Program, which utilizes technology
to prepare rural Missouri students for teaching
careers............................................. 98,000
SouthEastern Pennsylvania Consortium for Higher
Education, PA, for the Institute for Mathematics and
Science to provide professional development to K-12
teachers............................................ 750,000
Southern Methodist University, Dallas, TX, for the
Institute for Engineering Education................. 550,000
Southern New Hampshire University, Manchester, NH, to
support distance education and technological
enhancements in classrooms.......................... 500,000
Southern Oregon University AuCoin Institute for
Ecological, Economic, and Civic Studies will serve
as an educational training resource for federal
employees and students to prepare them to
intermediate effectively between private property
owners and policy makers............................ 75,000
Southwest Texas State University, San Marcos, Texas, for
the Round Rock Higher Education Center.............. 500,000
Spellman College, Atlanta, GA, for the Teacher as Leader
Educational Initiative.............................. 50,000
St. Petersburg College, St. Petersburg, Florida, for
Project Eagle I..................................... 1,500,000
St. Petersburg College, St. Petersburg, Florida, to
establish the Center for Teaching Transformation.... 500,000
Stark State College of Technology, Canton, OH for health
technology programs and equipment upgrade........... 235,000
Stark State College of Technology, Canton, OH, for
equipment........................................... 500,000
State University of New York (SUNY) at Geneseo, Geneseo,
NY, to establish the Geneseo Cluster Computing
Facility............................................ 150,000
State University of New York, College at Oneonta, New
York, for a literacy teaching center................ 160,000
State University of NY at Albany to train students for
their work on New Energy New York Consortium's
Capital Region project.............................. 50,000
Stephen F. Austin University, Nacogdoches, TX, in
collaboration with the City of Nacogdoches to
support a Center for Biotechnology.................. 100,000
Stonehill College, Easton, MA, for Center for Non-Profit
Management educational programs and equipment....... 275,000
Strom Thurmond Institute, Clemson University, Clemson,
SC, for the Campbell Leadership Project............. 100,000
Syracuse University in New York to establish the Daniel
Patrick Moynihan Global Affairs Institute, including
support for an endowment............................ 5,000,000
Talladega College, Talladega, AL, for systems
technology, curriculum and distance learning
development......................................... 100,000
Temple University, Philadelphia, PA, to develop and
disseminate best practices for teacher recruitment
and retention programs.............................. 200,000
Texas Southern University, Houston, TX, for the minority
engineering program within the College of Science
and Technology...................................... 300,000
Texas State University System, Austin, TX, for a teacher
certification initiative............................ 250,000
Texas State University, San Marcos, TX, to support a
higher education center............................. 200,000
Texas Tech University, Hill Country Campus, to expand
and continue the Expanding Opportunities in Math and
Science Education Initiative........................ 250,000
Texas Tech University, Lubbock, TX, for the Geriatric
Education and Training Academy...................... 200,000
Thiel College, Greenville, PA, for campus-wide
technology infrastructure upgrades.................. 200,000
Thomas Edison State College, Trenton, NJ for distance
learning technology infrastructure.................. 40,000
Trident Technical College, Charleston, South Carolina,
to equip the hospitality, tourism and culinary arts
program............................................. 1,000,000
Trocaire College, Buffalo, NY for the nursing program... 50,000
Troy State University, Montgomery, AL, for the Virtual
University of the Armed Forces and Others........... 500,000
Truckee Meadows Community College, Reno, NV, for a pilot
program to respond to the shortage of nurses........ 750,000
Tuskegee University, Tuskegee, AL, for the development
of an Aviation Science and Aero-Technology Program.. 50,000
Union County College, Cranford, New Jersey, for
Technology for Tomorrow initiative.................. 100,000
United Negro College Fund Special Programs Foundation,
Fairfax, VA, for a capacity building project
benefiting historically black colleges and
universities, including instrumentation acquisition
and professional development for faculty............ 100,000
University Center, Greenville, South Carolina, for
equipment........................................... 200,000
University of Akron, Akron, OH for the ``Exercise in
Hard Choices''...................................... 500,000
University of Alabama, Tuscaloosa, AL, for applied
research at the Tuscaloosa Culverhouse Center for
Information Technology.............................. 250,000
University of Alabama, Tuscaloosa, AL, for the
Tuscaloosa Science Education Technology Initiative.. 400,000
University of Alaska Anchorage, Anchorage, AK, to
develop the Leadership Institute and associated
programs............................................ 100,000
University of Alaska, Fairbanks, AK, in conjunction with
the Alaska Department of Education and the State of
Alaska, for the Alaska Digital Archives and Digital
Library and to digitize their information resources. 250,000
University of Alaska, Fairbanks, AK, to develop and
deliver distance learning courses in areas of high
demand health care careers.......................... 250,000
University of Arizona Health Science Center, Tucson, AZ,
for the combined family practice residency/
integrative medicine fellowship training program.... 200,000
University of Arkansas for Medical Sciences to develop
the Mid America Genetics Distance Education
Consortium.......................................... 1,300,000
University of Arkansas, School of Social Work,
Fayetteville, Arkansas, for the School of Social
Work Research Center................................ 225,000
University of Central Florida, Orlando, FL for the Lou
Frey Institute of Politics.......................... 250,000
University of Cincinnati, Cincinnati, OH for Ohio
Partnership for Accountability--The Impact of
Teacher Education................................... 300,000
University of Colorado, Boulder, CO, for the Institute
for Micro/Nano Technology for Engineering and Life
Sciences for equipment and technical administrative
support............................................. 600,000
University of Delaware, Newark, Delaware, for Child
Care, Training and Applied Research Center.......... 500,000
University of Dubuque in Dubuque, Iowa for the
establishment of a nursing education program........ 500,000
University of Florida, Gainesville, Florida, for
equipment for the Norman Hall project............... 100,000
University of Hawaii at Hilo for the Applied Rural
Science Program..................................... 50,000
University of Idaho, Boise Campus, for the Advanced
Computing and Modeling Laboratory to support
expansion and further development of educational
technology programs................................. 800,000
University of Illinois at Springfield, Springfield, IL
for teacher training in mathematics................. 250,000
University of Louisiana at Monroe to expand its early
childhood programs for children in the Twin Cities.. 375,000
University of Louisville, Louisville, KY, Metropolitan
Workforce Education Research Center for further
development of a successful education and business
partnership model................................... 285,000
University of Memphis, Memphis, TN, for the Benjamin L.
Hooks Institute for Social Change, including support
for an endowment.................................... 500,000
University of Mississippi, University, MS, for a
forensic chemistry program and equipment............ 580,000
University of Montana-Helena, College of Technology for
equipment acquisition and program development....... 100,000
University of Montana-Missoula, School of Law for
upgrades to the technology infrastructure and
equipment acquisition............................... 1,000,000
University of Montevallo Ebenezer Swamp Wetland
Interpretive Research Center, Montevallo, AL for
monitoring and laboratory equipment................. 400,000
University of Nevada-Reno, to establish a Latino
Institute for Advocacy in Education, Research and
Policy.............................................. 300,000
University of Nevada, Las Vegas for the Nevada Test Site
Oral History Project................................ 250,000
University of Nevada-Las Vegas, College of Health
Sciences, Las Vegas, NV, for equipment and
curriculum development associated with the
development of a Center for Excellence in Women's
Health.............................................. 300,000
University of New Orleans, New Orleans, Louisiana, for
student scholarships related to the Maritime Safety
Program............................................. 250,000
University of North Texas and Paul Quinn College,
Denton, TX, for a Science and Math (SAM) Teacher
Academy............................................. 250,000
University of North Texas, Denton, TX, for the
Laboratory Experience and Development of Early
Researchers......................................... 300,000
University of Oklahoma Health Sciences Center, Oklahoma
City, Oklahoma, for a Bioinformatics program........ 200,000
University of Oregon, Eugene, OR, for the School of
Music............................................... 50,000
University of Redlands, Redlands, CA for technology
enhancement......................................... 250,000
University of Scranton, Scranton, PA, for an education
program, utilizing technology, that also
demonstrates a web-based model for dissemination of
information to faith- and community-based
organizations....................................... 100,000
University of South Carolina, Columbia, SC, for
equipment and technology for the Multidisciplinary
Science Center...................................... 1,200,000
University of South Carolina, Columbia, SC, for the
Strom Thurmond Fitness and Wellness Center.......... 5,000,000
University of South Florida, Tampa, Florida, for a
``Globalization Research Network''.................. 750,000
University of Southern Maine, Portland, ME, to acquire
and upgrade laboratory equipment.................... 650,000
University of Southern Mississippi, National Center for
Excellence in Economic Development and
Entrepreneurship for purposes including equipment,
technology infrastructure, and telecommunications
systems in support of the center's programs......... 4,000,000
University of St. Thomas Interprofessional Clinic for
Counseling and Legal Services, St. Paul, MN......... 75,000
University of Texas at Austin, Texas Engineering and
Technical Consortium, Austin, TX, for technical
research and degree programs........................ 3,000,000
University of Texas at Brownsville for the Student
Leadership Retention Program........................ 100,000
University of the Pacific/McGeorge School of Law,
Sacramento, California, for the Feather River
Facility............................................ 250,000
University of Tulsa, Tulsa, OK, for the New Nursing
Faculty Initiative.................................. 50,000
University of Virginia's Center for Governmental
Studies, Charlottesville, VA, for the Youth
Leadership Initiative............................... 1,300,000
University of West Alabama, Livingston, AL, for
acquisition of technology and equipment in support
of a comprehensive upgrade of the technological
environment for all students, faculty, and
professional staff.................................. 300,000
University of Wisconsin--Milwaukee School of Nursing,
Milwaukee, WI for clinical nursing faculty.......... 220,000
University of Wyoming, Laramie, Wyoming, for Student
Information System (SIS) Replacement project for
technological infrastructure improvements........... 200,000
Urban College of Boston in Massachusetts to support
higher education programs serving low-income and
minority students................................... 900,000
Utah Valley State College, Orem, UT, to expand support
services for single parent students................. 200,000
Utah Valley State College, Orem, UT, to support the
Center for the Advancement of Leadership............ 150,000
Utah Valley State College, Orem, Utah, for Turning Point
program............................................. 200,000
Valencia Community College, Orlando, FL for nurse
education........................................... 375,000
Vanguard University of Southern California, Costa Mesa,
CA, for computers, equipment, and staffing.......... 250,000
Virginia Tech University, Blacksburg, Va, for Virginia
Tech Learning Technologies to prepare at-risk high
school students to pursue advanced education related
to science, technology, engineering, or mathematics. 400,000
Wahpeton State School of Science and North Dakota State
University to recruit, retain and train pharmacy
technicians......................................... 800,000
Wallace Community College, Dothan, Alabama, for the 21st
Century Electronic Classroom project................ 500,000
Wenatchee Valley College Foundation in Washington State
to support their nursing education program.......... 250,000
Wesleyan College, Macon, GA, for the Willet Memorial
Library and Learning Center Initiative.............. 50,000
West Chester University, West Chester, PA, for
technology infrastructure upgrades.................. 150,000
Western Governors University in Salt Lake City, Utah for
workforce development in South Dakota via distance
education........................................... 200,000
Western Iowa Tech Community College, Sioux City, IA for
equipment........................................... 200,000
Western Kentucky University, Bowling Green, KY, Center
for Engineering and Biological Sciences for
equipment........................................... 1,165,000
Western Kentucky University, Bowling Green, KY, for the
nursing faculty accelerated development program..... 400,000
Western Nevada Community College, Carson City, NV, for
the Jack C. Davis Observatory to acquire technology
and offer related educational programming........... 50,000
Western New England College, Springfield, MA, for
virtual classroom educational equipment and program
development......................................... 200,000
Westminster College, Fulton, MO, for staff and
curriculum development for the Center for Leadership
and Service......................................... 750,000
Wheeling Jesuit University in West Virginia for the Math
and Science Education Initiative.................... 3,600,000
Widener University, Chester, PA, for operations and
technology improvements for the Institute for
Graduate Clinical Psychology........................ 1,974,000
Wilson College, Chambersburg, PA, for development of a
public policy institute to address the needs of
single mothers...................................... 100,000
Wisconsin Association of Independent Colleges and
Universities, Madison, WI, for the WAICU
Collaboration Project............................... 800,000
Wittenberg University, Springfield, Ohio, for the
Springfield Alliance for Minority Teacher
Recruitment and Preparation Program................. 200,000
Wright State University, Dayton, OH, for the Information
Technology Research Institute....................... 250,000
Wright State University, Dayton, OH, to provide funding
for a Nursing Institute of West Central Ohio........ 200,000
York College of Pennsylvania, York, PA for technology
upgrades for the Schmidt Library.................... 100,000
Other Programs
The conference agreement includes $837,500,000 for TRIO
instead of $835,000,000 as proposed by the House and
$840,000,000 as proposed by the Senate.
With regard to the GEAR UP program, the conferees concur
in the administration's request to provide a sixth and final
year award to grantees first funded in 1999, while continuing
all other funded projects. The conferees also have provided
funds above the fiscal year 2003 level and the budget request
for the Department to fund a new grant competition under the
GEAR UP program. The conferees believe that grants should not
be ``front-loaded'', but instead should be awarded on an annual
basis from the fiscal year 2004 and subsequent appropriations
during the period of the grant, contingent upon grantee
performance. The conferees note that grants were awarded using
this approach during the first several years of the program.
The conferees expect the Department to consult with them prior
to the announcement of any new grant competition.
The agreement also includes $41,000,000 for Byrd Honors
Scholarships as proposed by the Senate instead of $40,734,000
as proposed by the House.
The conference agreement also includes $89,415,000 for
Teacher Quality Enhancement Grants as proposed by the Senate
instead of $90,000,000 as proposed by the House. The conference
agreement includes $16,194,000 for the child care access
program as proposed by the Senate instead of $15,000,000 as
proposed by the House.
The conference agreement does not include funding for
Thurgood Marshall Scholarships as proposed by the Senate
instead of $4,968,000 as proposed by the House. The agreement
also includes $994,000 for Olympic Scholarships as proposed by
the House. The Senate bill did not provide funding for this
program.
Howard University
The conference agreement includes $240,180,000 for Howard
University instead of $242,770,000 as proposed by the House and
$238,440,000 as proposed by the Senate.
Institute of Education Sciences
The conference agreement includes $478,717,000 for
Education Research, Statistics and Improvement instead of
$500,599,000 as proposed by the House and $532,956,000 as
proposed by the Senate.
The conferees provide $166,500,000 for research instead
of $185,000,000 as proposed by the House and $144,090,000 as
proposed by the Senate. The conferees have provided at least
$24,362,000 for the National Research and Development Centers
program in recognition of the need for the Department of
Education to implement the Education Sciences Reform Act of
2002. The funding is sufficient to provide continued funding
for current centers' awards as requested by the administration
and an additional $5,000,000 to begin awarding new research and
development centers in fiscal year 2004 in accordance with the
requirements of section 133(c) of Public Law 107-279. The
conferees expect the Department to implement the law by
addressing the topics required in the statute, with particular
attention to rural education.
The conferees strongly support the premise that
developing, identifying and implementing scientifically based
research is critical to the success of the No Child Left Behind
Act and to the increased effectiveness generally of education
programs and interventions. In particular, the conferees
believe that a greater focus must be placed on the use of
randomized controlled trials, longitudinal studies, and other
research that meets the standards set by the National Research
Council. The development of an enhanced research infrastructure
will help build a base of research-proven interventions that
can be used by educational institutions to help improve the
educational outcomes of our Nation's student population. The
conferees note that there is a lack of scientifically based
education research, such as randomized research trials.
The conferees direct the Assistant Secretary for the
Institute of Education Sciences to contract with the National
Research Council (NRC) of the National Academies of Science to
undertake a study of teacher preparation programs in the United
States. The conferees expect this study to synthesize data and
research on the academic preparation and educational
characteristics of candidates in pre-service, graduate, and
alternative certification programs; the specific content and
experiences that are provided to candidates for degrees and
alternative certification in education; the consistency of the
required course work and experiences in reading and mathematics
across teacher preparation programs; and the degree to which
the content and experiences are based on converging scientific
evidence. If the NRC determines that there is insufficient
information and research from which to generate a useful
synthesis, it may engage in data collection, either by directly
contracting with one or more organizations to design and
implement surveys and other data collection activities, or by
working collaboratively through the National Center for
Education Statistics of the Institute of Education Sciences of
the U.S. Department of Education, and/or the National Institute
of Child Health and Human Development of the U.S. Department of
Health and Human Services to enable data collections to support
the work of the NRC.
The NRC also should develop a model for collecting
information on the content knowledge, pedagogical competence
and effectiveness of graduates from teacher education programs
and teachers trained in alternative certification programs, and
review the needs of schools for high quality teachers, as
called for in the No Child Left Behind Act. The conferees
expect this work to be conducted for K-12 teachers with a focus
on reading, mathematics, and science instruction.
The conferees strongly urge the Department to launch a
competition for new comprehensive centers, in accordance with
title II, sections 203 and 205, of the Education Sciences
Reform Act of 2002, as soon as possible. The competition cannot
be held until the 10 regional advisory committees described in
section 206 conduct needs assessments. Therefore, the conferees
urge the Department to ensure that the committees complete
their work by September 1, 2004.
The conference agreement does not include funding for
statewide data systems as proposed by the House. The Senate
bill included $80,000,000 for this activity.
The conference agreement also includes $92,208,000 for
statistics instead of $95,000,000 as proposed by the House and
$89,415,000 as proposed by the Senate.
The agreement includes $90,235,000 for National
Assessment activities as proposed by the Senate instead of
$90,825,000 as proposed by the House. The agreement also
includes $5,090,000 for the National Assessment Governing Board
as proposed by the House instead of $4,532,000 as proposed by
the Senate.
Departmental Management
The conference agreement includes $425,000,000 for
Departmental program administration instead of $434,494,000 as
proposed by the House and $349,730,000 as proposed by the
Senate. The agreement also includes $89,275,000 for the Office
for Civil Rights, instead of $91,275,000 as proposed by the
House and $77,884,000 as proposed by the Senate. The agreement
also includes $47,137,000 for the Office of the Inspector
General instead of $48,137,000 as proposed by the House and
$37,661,000 as proposed by the Senate.
The conferees strongly support the Buy American Act,
which was enacted in 1933 to ensure that the Federal government
supports domestic companies and domestic workers by buying
American-made goods. The Act includes a number of waiver
provisions that allow Federal agencies to buy foreign goods in
some circumstances, but there is little disclosure or
accountability in the waiver process. The conferees, therefore,
direct the Secretary to issue a report not later than 60 days
after the last day of fiscal year 2004 on the amount of
acquisitions made by the Department during such fiscal year of
articles, materials, or supplies that were manufactured outside
the United States. Such report shall separately indicate the
dollar value of any articles, materials, or supplies purchased
by the department that were manufactured outside the United
States, an itemized list of all waivers under the Buy American
Act (41 U.S.C. 10a et seq.) that were granted with respect to
such articles, materials, or supplies, and a summary of total
procurement funds spent on goods manufactured in the United
States versus funds spent on goods manufactured outside of the
United States.
The conferees are concerned that Federal tax dollars not
be spent to compete with private-sector businesses. The
conferees expect the Department to be prepared to answer
questions regarding this issue during the fiscal year 2005
budget hearings.
GENERAL PROVISIONS
Advance Adjustment
The conference agreement does not include language
proposed by the Senate adjusting the amount of education
funding advanced in the fiscal year 2003 appropriations bill.
The House bill included similar language as a title V general
provision.
Federal Need Analysis
The conference agreement modifies language proposed by
the Senate prohibiting the Department of Education from
implementing annual updates to the tax tables used in Federal
Need Analysis Methodology. The House bill contained no similar
provision.
IDEA
The conference agreement does not include a provision
proposed by the Senate regarding funding for IDEA, offset by an
extension in customs user fees. The House bill contained no
similar provision. Funding for this program is provided
elsewhere in title III of this bill.
Economic Education
The conference agreement does not include a provision
proposed by the Senate relating to funding for economic
education programs. The House bill contained no similar
provision. Funding for this program is provided elsewhere in
title III of this bill.
Underground Railroad
The conference agreement does not include a provision
proposed by the Senate relating to funding for the Underground
Railroad program. The House bill contained no similar
provision. Funding for this program is provided elsewhere in
title III of this bill.
Statewide Data Systems
The conference agreement does not include a provision
proposed by the Senate relating to funding for section 208 of
the Education Science Reform Act of 2002 (statewide data
collection systems), offset by a reduction to management and
administration accounts at the Department of Education. The
House bill contained no similar provision.
Dropout Prevention
The conference agreement does not include a provision
proposed by the Senate regarding funding for dropout prevention
programs. The House bill contained no similar provision.
Funding for this program is provided elsewhere in title III of
this bill.
Daniel Patrick Moynihan Institute
The conference agreement does not include a provision
proposed by the Senate authorizing an endowment for the Daniel
Patrick Moynihan Global Affairs Institute. The House bill
contained no similar provision.
Migrant Education
The conference agreement does not include a provision
proposed by the Senate relating to funding for migrant
education programs. The House bill contained no similar
provision. Funding for these programs is included elsewhere in
title III of this bill.
Study of Need Analysis Formula
The conference agreement includes a provision directing
the Advisory Committee on Student Financial Assistance to
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. The provision includes a postponement of any tax
table updates pending this report. Neither the House nor the
Senate bills contained this provision.
Impact Aid
The conference agreement includes a provision relating to
the timely filing of an Impact Aid application from a school
district. Neither the House nor the Senate bills contained this
provision.
TITLE IV--RELATED AGENCIES
Corporation for National and Community Service
DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES
The conference agreement includes $356,443,000 for the
Domestic Volunteer Service programs instead of $352,836,000 as
proposed by the House and $355,187,000 as proposed by the
Senate.
Volunteers in Service to America (VISTA)
The conference agreement includes $94,287,000 for VISTA
as proposed by the Senate instead of $93,674,000 as proposed by
the House.
Volunteers in Homeland Security
The conference agreement includes $9,935,000 for
Volunteers in Homeland Security as proposed by the Senate
instead of $5,000,000 as proposed by the House.
National Senior Volunteer Corps
The conference agreement includes $46,260,000 for the
Senior Companion Program (SCP) as proposed by the House instead
of $46,563,000 as proposed by the Senate. The agreement also
includes $58,501,000 for the Retired Senior Volunteer Program
(RSVP) as proposed by the House instead of $58,884,000 as
proposed by the Senate.
Funds appropriated for fiscal year 2004 may not be used
to implement or support service collaboration agreements or any
other changes in the administration and/or governance of
national service programs prior to passage of a bill by the
authorizing committees of jurisdiction specifying such changes.
The conference agreement does not include funding for senior
demonstration activities. Both the House and the Senate funded
this program at $397,000.
Program Administration
The conference agreement includes $36,685,000 for program
administration instead of $38,229,000 as proposed by the House
and $34,346,000 as proposed by the Senate. The conferees have
included funds to provide training and technical assistance to
local projects in performance measurement as envisioned by the
Government Performance and Results Act. The conferees are aware
of concerns relating to performance measurements, and therefore
direct the Corporation to continue to gather feedback for the
Senior Corps national associations in order to develop the most
appropriate and useful criteria.
The conferees are aware of the Corporation's recent
decision to make the director of the Iowa State office
responsible for administration of the Nebraska State office as
well. Over the past two years, the Senate Committee on
Appropriations has clearly indicated its concern over such
proposed consolidations, but the Committee was nonetheless
informed that the consolidation was necessary due to budgetary
constraints. The conferees are aware that employee bonuses in
the Corporation's headquarters have more than doubled during
the year this consolidation took place. In fact, the increase
in bonuses was almost triple the amount needed to prevent this
consolidation. The conferees are concerned that grantees and
constituents in Iowa and Nebraska may receive a lowered level
of service because of the distance and time involved in
managing two State offices. For this reason, the conferees have
included sufficient funding to maintain a separate State
director in the Nebraska State office.
Corporation for Public Broadcasting
The conference agreement provides $400,000,000 in funding
for fiscal year 2006, as proposed by the Senate instead of
$330,000,000 as proposed by the House.
The conferees strongly urge the CPB to allocate a minimum
of $100,000 in a Community Service Base Grant to each of the 14
public radio stations around the Nation that provide the sole
source of radio news and information in their communities. The
additional funds would permit these stations to extend their
broadcast hours and improve service to their listeners.
Recipients of these grants should not be denied eligibility for
any other CPB grant programs.
The conference agreement also includes $50,000,000 for
digital conversion instead of $55,000,000 as proposed by the
Senate. The House had proposed providing authority for CPB to
utilize previously appropriated funds for this purpose.
The conference agreement also includes $10,000,000 as the
first installment of a three-year project to replace the
satellite interconnection system. This amount is the same as
the Senate. The House had proposed providing authority for CPB
to utilize previously appropriated funds for this purpose.
Institute of Museum and Library Services
The conference agreement provides $262,596,000 for the
Institute of Museum and Library Services instead of
$238,126,000 as proposed by the House and $243,889,000 as
proposed by the Senate.
Within the total for the Institute, the conference
agreement includes funding for the following activities in the
following amounts.
Program [dollars in thousands]
Museums for America/Assessment.......................... $16,889
Conservation Project Support/Assessment................. 3,619
National Leadership Grants for Museums.................. 6,932
State Grants............................................ 161,788
Native American Library Services........................ (3,225)
National Leadership Grants for Libraries................ 11,330
21st Century Librarian Initiative....................... 20,000
Administration.......................................... 10,450
The conference agreement also specifies funding for the
following:
Alabama School of Math and Science at the University of
Alabama for technology upgrades and library
resources........................................... $125,000
Alaska Moving Image Preservation Association, Anchorage,
AK to digitize files/photos/videos of Alaskan
history............................................. 50,000
Alex Haley House Museum, Henning, TN for care and
preservation of collection.......................... 25,000
Allen County Historical Society, Lima, OH, for the
``Move Our Past Forward'' project to expand and
develop exhibits for their Children's Discovery
Museum Center....................................... 500,000
Allentown Art Museum, Allentown, PA, for educational
programming for school districts.................... 75,000
Alutiiq Museum, Kodiak, AK to support programs to teach
students and adults how to develop traditional
Native arts......................................... 100,000
American Village Citizenship Trust, Montevallo, AL for a
national initiative for teaching American history
and civics.......................................... 200,000
Arab Community Center for Economic and Social Services
(ACCESS), Dearborn, MI, for exhibits and museum
programs............................................ 100,000
Ashland Community Arts Center, Ashland, OH, for Arts in
Downtown project.................................... 100,000
Athenaeum of Philadelphia, Philadelphia, PA, to preserve
library materials and access to information in the
form of digital images on the Internet.............. 75,000
Beth Medrash Govoha, Lakewood, NJ, for equipment and
exhibits for the Holocaust Library.................. 500,000
Bishop Museum in Hawaii for activities to preserve the
culture of Native Hawaiians......................... 400,000
Bishop Museum in Hawaii to develop Native Hawaiian
cultural projects in collaboration with the Peabody
Museum of Massachusetts and an Alaskan museum....... 400,000
Burpee Museum of Natural History, Rockford, IL, for
community outreach and educational activities....... 900,000
Campbell Center for Historic Preservation Studies, Mount
Carroll, IL, for community outreach and program
planning............................................ 100,000
Chaldean Community Culture Center, West Bloomfield, MI,
for programs that promote Chaldean language,
history, culture and teacher training............... 200,000
Chapman University, Orange, California, for
technological infrastructure........................ 250,000
Chartiers Valley Partnership, Inc., Carnegie, PA, for
technological and educational programs at the Andrew
Carnegie Free Library............................... 250,000
Children's Museum at La Habra, California, for a Hands
On English Program.................................. 113,000
Children's Museum of History, Natural History, Science
and Technology, Utica, New York, for technology
improvements, staffing and training................. 144,000
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....... 400,000
City of Hemet, California, for Hemet Public Library, for
library materials and technological equipment....... 150,000
City of Whittier, California, for the Whittier Public
Library Children's Area and History Room............ 387,000
Cleveland Health Museum, Cleveland, OH, for exhibits.... 250,000
College of Physicians of Philadelphia, Philadelphia, PA,
to preserve medical library and art collection...... 100,000
Davenport Music History Museum in Davenport, IA......... 400,000
Delaware County Historical Society, Media, PA, for
educational programs highlighting historical themes
and sites relating to Delaware County............... 75,000
East Stroudsburg University, East Stroudsburg, PA to
preserve and develop exhibits for their Vintage
Radio Programs and Jazz Museum...................... 75,000
Elmwood Zoo, Norristown, PA for student education
programs............................................ 100,000
Erie County, Erie, PA, for technology upgrades for the
Erie County Library................................. 75,000
Fender Museum of the Arts Foundation, Corona, CA, for
the Kids Rock Free educational program.............. 100,000
Fine Arts Museums of San Francisco for the De Young
Museum's Art Education Program...................... 200,000
Florida Holocaust Museum, St. Petersburg, Florida, for
school outreach program............................. 1,500,000
Florida International Museum, St. Petersburg, Florida,
for professional activities......................... 750,000
Folger Library, Washington, DC for exhibits, operations,
and public programs including education and outreach 1,600,000
Forsyth County Public Library, Winston-Salem, North
Carolina, for salaries, supplies, personnel and
materials........................................... 50,000
Gault Family Learning Center, Wooster, OH, for PALS/
Parenting Resource Center/Growing Together.......... 50,000
General George S. Patton Jr National Museum of Cavalry
and Armor, Ft. Knox, KY............................. 250,000
George C. Marshall Foundation in Lexington, Virginia,
for exhibit design and development and collection
preservation........................................ 500,000
Grout Museum, Waterloo, IA, for exhibits and design of
the Sullivan Brothers Veterans Museum and Research
Center.............................................. 500,000
Heritage Harbor Museum of Providence, RI for exhibit
design and development relating Rhode Island and
American history.................................... 200,000
Hernando County Library System, Florida, for technology
improvements at West Hernando Branch Library,
Brooksville Main Library, Spring Hill Library, and
East Hernando Branch Library........................ 150,000
Hesperia Community Library, Hesperia, CA................ 250,000
Historical Society of Western Pennsylvania, Pittsburgh,
PA, for exhibit and curriculum development for the
Western Pennsylvania Sports Museum at the Senator
John Heinz Pittsburgh Regional History Center....... 200,000
Historical Society of Western Pennsylvania, Pittsburgh,
PA for exhibit design and development for the
Meadowcraft Museum of Rural Life.................... 150,000
Idaho State University, Pocatello, Idaho, for a Virtual
Idaho Museum of Natural History project............. 250,000
Imaginarium Science Center, Anchorage, AK to develop
science exhibits and distance delivery modules...... 50,000
International Museum of Women to develop exhibits on the
history of women's lives worldwide.................. 100,000
International Storytelling Center, Jonesborough, TN..... 100,000
James Ford Bell Museum of Natural History, Minneapolis,
MN, to produce detailed exhibit design and
development......................................... 100,000
Kishacoquillas Valley Historical Society, Allensville,
PA for care and preservation of collection.......... 100,000
Lafayette College, Easton, PA, for technology updates to
the Skillman Library................................ 100,000
Madera County Resource Management Agency, Madera, CA.... 166,000
Magic House, Kirkwood, MO for the development and design
of interactive exhibits and software to be used
within The Magic Library to support family literacy. 21,000
Mary Meuser Memorial Library, Easton, PA for library
upgrades............................................ 100,000
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................................... 250,000
Michigan Space and Science Center, Jackson, MI, for
development of the strategic plan, operational costs
and personnel....................................... 350,000
Mississippi Department of Archives and History, Jackson,
MS, to complete the preservation and restoration of
the Eudora Welty House.............................. 450,000
Mobile Museum of Art, Mobile, AL for equipment and
supplies, and for exhibit design and development.... 75,000
Morehouse College Library, Atlanta, GA for historical
preservation of documents and records............... 100,000
Mother Bethel Foundation, Philadelphia, PA for care and
preservation of collection at the Richard Allen
Museum.............................................. 100,000
Museum of Aviation Foundation Inc, Warner Robins, GA.... 225,000
Museum of Broadcast Communications, Chicago, IL for
educational programming............................. 250,000
Museum of Science in Boston, MA, for technology upgrades
and equipment for the National Center for Technology
Literacy............................................ 1,000,000
Mystic Seaport, the Museum of America and the Sea,
Mystic, Connecticut to support collections.......... 100,000
National Canal Museum, Easton, PA, for educational
programming and exhibits on the use of
transportation and industrial technology along the
Lehigh Canal........................................ 50,000
National Center for American Revolution, Wayne, PA, for
exhibit design and curriculum development for the
Museum of the American Revolution at Valley Forge
National Historic Park.............................. 400,000
National Center for the Study of Civil Rights and
African-American Culture, Alabama State University,
Montgomery, AL, for support of events leading into
the 50th anniversary of the Montgomery Bus Boycott.. 50,000
National Civil Rights Museum in Memphis for exhibit
design and development, and for educational programs 500,000
National Distance Running Hall of Fame, Utica, New York,
for display cases and to establish new interactive
displays............................................ 16,000
National Liberty Museum, Philadelphia, PA for a teacher
training program to assist educators in addressing
violence in schools................................. 500,000
National Mississippi River Museum and Aquarium in
Dubuque, IA for exhibits............................ 650,000
National Museum of American Jewish History,
Philadelphia, PA for online educational programming
and technology modernization........................ 200,000
National Museum of Women in the Arts, Washington, D.C... 1,000,000
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 P.L. 107-331........... 1,000,000
Negro Leagues Baseball Museum, Kansas City, MO, for
exhibits for the Double Play Action Center.......... 300,000
New York Botanical Garden's Virtual Herbarium imaging
project in Bronx, New York.......................... 400,000
New York Hall of Science to develop, expand, and display
science-related educational materials............... 900,000
Niagara County Historical Society, Lockport, NY, to
create a state-of-the art interpretive museum....... 420,000
Northwest Museum of Arts and Culture, Spokane, WA for
the Star Nations Program project.................... 50,000
O. Winston Link Museum, Roanoke, Virginia, for displays
and digitization.................................... 210,000
Piper's Opera House Programs, Inc., Virginia City, NV
for exhibit design and development, educational
programming, and technology modernization........... 150,000
Pittsburgh Children's Museum, Pittsburgh, PA, to expand
arts and after-school programs for at-risk children. 100,000
Placer County Library, Auburn, CA, to enhance library
collection through the purchase of library materials 50,000
Plano Community Library District, Plano, Illinois, for
expenses related to the library..................... 977,000
Please Touch Museum, Philadelphia, PA, to develop
educational programs focusing on hands-on learning
experiences......................................... 725,000
Plumas County Library, Quincy, CA, for library materials 100,000
Putnam County Commissioners, Winfield, West Virginia,
for technology for the public library system in
Putnam County....................................... 25,000
Rock and Roll Hall of Fame and Museum, Cleveland, OH for
the Rockin' the Schools education program........... 200,000
Saint Tikhon's Theological Seminary, South Canaan, PA,
for care and preservation of Russian artifacts...... 50,000
San Bernardino County, San Bernardino, CA, for the San
Bernardino County Museum............................ 250,000
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
Simon Wiesenthal Center's Los Angeles Museum for
Tolerance, Los Angeles, CA, for the Tools for
Tolerance for Educators program to provide teacher
training in diversity, tolerance and cooperation.... 100,000
Southern New Hampshire Services, Inc., Manchester, New
Hampshire, for exhibit acquisition for SEE Science
Center.............................................. 25,000
Speed Art Museum, Louisville, KY........................ 400,000
Standing Bear Museum and Learning Center, Ponca City, OK 100,000
State Historical Society of Iowa in Des Moines, Iowa for
the development of exhibits for the World Food Prize 1,000,000
Taft Museum of Art, Cincinnati, OH for educational
programming and exhibits............................ 200,000
Tennessee State University African American History
Museum, Nashville, TN to enhance the library
facilities which will include new exhibits, expanded
archives, and research programs..................... 1,000,000
The Arts Guild of Old Forge, Old Forge, New York, for
the new exhibits spaces and educational programs.... 24,000
Tifton-Tift County Public Library, Tifton, GA........... 50,000
Tillamook County Library, Tillamook, OR for design and
development of exhibits and educational programs.... 60,000
Town of Greece, Rochester, NY, for the Greece Public
Library Security program............................ 100,000
Tuskegee Multicultural Center, Tuskegee, AL, to provide
for technology enhancements and installation of
exhibits............................................ 50,000
University of Idaho for digital archiving and
preservation of historically significant American
music and facilitating its access to students and
scholars nationwide................................. 400,000
Vietnam Archives Center at Texas Tech University,
Lubbock, Texas, for technology infrastructure....... 500,000
Virginia Historical Society, Richmond, VA, to assist
with educational programmatic development and for
cataloging and archiving of business history records 250,000
Virginia Living Museum for the expansion of its
educational programs in its capital campaign project 100,000
Westminster College Library, New Wilmington, PA for
technology upgrades and computers and community
programming......................................... 100,000
WWII Victory Memorial Museum, Auburn, Indiana, for
interpretive dioramas, education, research library
and visual documentary.............................. 600,000
Zimmer Children's Museum, Los Angeles, CA to expand the
youTHink education program.......................... 100,000
National Commission on Libraries and Information Science
The conference agreement provides $1,000,000 for the
National Commission on Libraries and Information Science as
proposed by the House and the Senate.
National Council on Disability
The conference agreement includes $3,039,000 for the
National Council on Disability instead of $2,830,000 as
proposed by the House and $3,339,000 as proposed by the Senate.
The conferees direct the Council to develop and submit to
the Committees on Appropriations of the House and Senate an
operating plan detailing the activities the Council plans for
fiscal year 2004. The conferees request that the plan detail
the programs, projects, and activities proposed to be
undertaken during this fiscal year and/or planned to be
supported in fiscal year 2005, including those outlined within
object class 25. The conferees request that the Council submit
the plan within 30 days of enactment of this Act.
National Labor Relations Board
The conference agreement provides $244,073,000 for the
National Labor Relations Board instead of $239,429,000 as
proposed by the House and $246,073,000 as proposed by the
Senate.
Occupational Safety and Health Review Commission
The conference agreement provides $9,863,000 for the
Occupational Safety and Health Review Commission instead of
$10,115,000 as proposed by the House and $9,610,000 as proposed
by the Senate.
Railroad Retirement Board Limitation on Administration
The conference agreement includes $101,300,000 for the
Railroad Retirement Board Limitation on Administration Expenses
as proposed by the House instead of $99,350,000 as proposed by
Senate.
The conferees understand that the Railroad Retirement
Board has an obligation under the Railroad Retirement and
Survivors' Improvement Act of 2001 to enter into an arrangement
with a nongovernmental financial institution to serve as
disbursing agent for benefits payable under the Railroad
Retirement Act. The conferees understand that implementation of
this requirement is a time consuming process and that the Board
may need up to a year to complete this requirement.
Railroad Retirement Board Office of Inspector General
The conference agreement includes a limitation on
transfers from the railroad trust funds of $6,600,000 for
administrative expenses of the Office of Inspector General as
proposed the House instead of $6,322,000 as proposed by the
Senate.
The conferees do not include language proposed by the
Senate that allows the Office of the Inspector General to
conduct audits, investigations, and reviews of the Medicare
programs.
Social Security Administration Supplemental Security Income Program
The conference agreement includes $26,349,300,000 for the
Supplemental Security Income Program instead of $26,341,300,000
as proposed by the House and $26,410,000,000 as proposed by the
Senate. Within the funds provided, the conference agreement
includes $8,000,000 as proposed by the Senate for outreach
efforts and assistance to homeless persons and other
underserved populations. Also within the total, $2,973,300,000
is included for the administrative costs of the program as
proposed by the House. The Senate included $3,034,000,000 for
administrative costs.
Limitation on Administrative Expenses
The conference agreement includes $8,361,800,000 for the
limitation on administrative expenses as proposed by the House
rather than $8,530,000,000 as proposed by the Senate. Within
the total, $15,000 is provided for the Social Security
Commissioner's official reception and representation expenses
as proposed by the House. The Senate had proposed $20,000 for
these expenses.
The conference agreement does not include a provision as
proposed by the Senate that delays $107,000,000 in obligations
until September 30, 2004. The House bill did not contain a
similar provision.
Office of the Inspector General
The conference agreement includes $88,200,000 for the
office of the inspector general as proposed by the House rather
than $82,460,000 as proposed by the Senate.
United States Institute of Peace
The conference agreement provides $17,200,000 for the
United States Institute of Peace, the same level as proposed by
both the House and Senate.
The conferees direct the Institute to increase direct
support for programs to improve textbooks, materials and other
means of educational reform to teach Middle Eastern youth about
nonviolent approaches to resolving intergenerational cycles of
conflict and hatred, and ways that these cycles can be broken.
The conferees direct the Institute to report to the Committees
on Appropriations, by March 1, 2004, on their efforts in this
area.
TITLE V--GENERAL PROVISIONS
Adjustment of Advances
The conference agreement does not include language
adjusting the amount of education funding advanced in the
fiscal year 2003 appropriations bill as proposed by the House.
The Senate bill contained a similar provision in title III.
Limitation on Libraries
The conference agreement includes a limitation on the
ability of a library to access library funding provided under
this Act unless the library is in compliance with the
Children's Internet Protections Act, as proposed by the House.
The Senate bill contained no similar provision.
Limitation on Schools
The conference agreement includes a limitation on the
ability of an elementary or secondary school to access
technology funding provided under this Act unless the school is
in compliance with the Children's Internet Protections Act, as
proposed by the House. The Senate bill contained no similar
provision.
ACROSS-THE-BOARD SALARIES AND EXPENSES REDUCTION
The conference agreement includes a modified provision
proposed by the Senate to reduce salaries and expenses of the
Departments of Labor, Health and Human Services, and Education.
The House bill contained no similar provision.
ADDITIONAL FUNDING FOR VOLUNTEER PROGRAMS
The conference agreement does not include a provision
proposed by the Senate to provide additional funding for
volunteers in homeland security under the Corporation for
National and Community Service. The House bill contained no
similar provision. Funding for this program is included in
title IV of this bill.
CONFERENCE AGREEMENT
The following table displays the amounts agreed to for
each program, project or activity with appropriate comparisons:
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2004 recommended by the Committee of Conference,
with comparisons to the fiscal year 2003 amount, the 2004
budget estimates, and the House and Senate bills for 2004
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2003... $430,990,470
Budget estimates of new (obligational) authority, fiscal
year 2004........................................... 469,697,348
House bill, fiscal year 2004............................ 478,406,936
Senate bill, fiscal year 2004........................... 473,552,979
Conference agreement, fiscal year 2004.................. 480,345,954
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2003.............................................. +49,355,484
Budget estimates of new (obligational) authority,
fiscal year 2004.................................. +10,648,606
House bill, fiscal year 2004........................ +1,939,018
Senate bill, fiscal year 2004....................... +6,792,975
DIVISION F--DEPARTMENTS OF TRANSPORTATION AND TREASURY, AND INDEPENDENT
AGENCIES APPROPRIATIONS ACT, 2004
Congressional Directives
The conferees agree that Executive Branch propensities
cannot substitute for Congress's own statements concerning the
best evidence of Congressional intentions; that is, the
official reports of the Congress. The committee of conference
approves report language included by the House (House Report
108-243) or the Senate (Senate Report 108-146) that is not
changed by the conference. The statement of the managers, while
repeating some report language for emphasis, is not intended to
negate the language referred to above unless expressly provided
herein.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
The conference agreement provides $80,903,000 for the
salaries and expenses of the office of the secretary instead of
$94,077,000 as proposed by the House and $91,276,000 as
proposed by the Senate. Bill language is included that
specifies amounts by office, consistent with actions in prior
years, and limits transfers among each office to no more than 5
percent. The bill language specifies that any transfer greater
than 5 percent shall be submitted for approval to the House and
Senate Committees on Appropriations. Bill language, as proposed
by both the House and the Senate, allows the Department to
spend up to $60,000 for official reception and representation
activities, and credits to the appropriation up to $2,500,000
in user fee receipts.
The following table summarizes the appropriation for each
office:
Immediate office of the Secretary....................... $2,210,000
Immediate office of the Deputy Secretary................ 700,000
Office of the General Counsel........................... 15,403,000
Under Secretary of Transportation for Policy............ 12,312,000
Office of the Assistant Secretary for Budget and
Programs............................................ 8,536,000
Office of the Assistant Secretary for Governmental
Affairs............................................. 2,300,000
Office of the Assistant Secretary for Administration.... 24,612,000
Office of Public Affairs................................ 1,915,000
Executive Secretariat................................... 1,447,000
Board of Contract Appeals............................... 700,000
Office of Small and Disadvantaged Business Utilization.. 1,268,000
Office of the Chief Information Officer................. 7,500,000
Office of Intelligence and Security..................... 2,000,000
Implementation of Air Transportation Safety and System
Stabilization Act for cargo carriers.--The conferees expect
that the Department would administer funds made available under
title I of the Air Transportation Safety and System
Stabilization Act without discrimination among directly
competitive air carriers and note that comparable percentages
of the notional maximum amount of compensation payable under
section 103(b)(2) of that Act provides a credible check on the
Department's allocation decisions. Further, the conferees
expect that the Secretary will defer any final determination on
disputed claims until the Comptroller General's review is
completed, and would refer any remaining disputed claims to an
administrative law judge upon an affected claimant's request.
In addition, the Department is directed to provide the report
requested by the Senate.
Congressional justification materials.--The conferees
direct the office of the secretary to submit its congressional
justification materials in support of the individual offices of
the offices of the secretary at the same level of detail
provided in the congressional justifications presented in
fiscal year 2003, and to submit annual Congressional budget
justifications for each modal administration to the House and
Senate Committees on Appropriations on the date on which the
President's budget is delivered officially to Congress.
Office of Intelligence and Security.--The conferees
acknowledge the mission of this office has changed
significantly since enactment of the Aviation and
Transportation Security Act. Consequently, the conferees direct
the Secretary to submit, not later than March 1, 2004, a report
to the House and Senate Committees on Appropriations describing
in detail the organization, mission, and responsibilities of
this office, as well as a five year projection of staffing and
budget resources.
Outstanding reports.--The conference agreement continues
the longstanding policy expressed in the Senate report
directing the Office of the Assistant Secretary for Budget and
Programs to report quarterly on the status of all outstanding
Congressional reports and reporting requirements, including the
degree of delinquency of Congressionally requested reports and
an estimated date for delivery. The conferees note that not
only are many reports themselves late, but in fiscal year 2003,
the quarterly compilation described herein was itself only
submitted in one of four quarters required. The conferees will
work with the office of the secretary to ensure that this
situation improves in the coming year.
Cyber threat intelligence.--The conferees recognize the
importance of utilizing proactive cyber threat intelligence to
protect the critical infrastructure assets of the department.
The conferees encourage the department to deploy a performance-
based cyber threat intelligence service that contains the
aggregation of known technical vulnerabilities, original
technical vulnerability research, geopolitical cyber threat
analysis, malicious code research and predictive cyber threat
analysis. The conferees also recognize that many serious cyber
attacks originate from non-English-speaking regions of the
world. As such, the cyber threat intelligence services
described above must include a demonstrated ability to collect
cyber threat intelligence in multiple languages, including
Arabic.
Grant notifications to Congress.--The conferees agree
that the report, directed by the Senate, submitting options for
providing grant notifications in electronic format should be
submitted to the House and Senate Committees on Appropriations
not later than December 31, 2003.
Office of Civil Rights
The conference agreement provides $8,569,000 for the
office of civil rights as proposed by the House and the Senate.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
The conference agreement provides $20,864,000 for
transportation planning, research, and development instead of
$8,336,000 as proposed by the House and $15,836,000 as proposed
by the Senate. Adjustments to the budget request are as
follows:
Conference agreement
Aviation and international policy studies............... -$2,472,000
Circumpolar infrastructure task force, Artic Council and
Northern Forum, AK.................................. 1,000,000
Center for Integrated Transportation & Traffic Systems,
AZ.................................................. 600,000
Center for Spatial Technologies, MS..................... 700,000
Integrated data query sharing system for maritime domain
awareness, WA....................................... 1,100,000
Regional Interstate Commerce and Transportation Policy
Harmonization Project, SD........................... 250,000
UA Transportation Hybrid Electric Vehicle & Fuel Cell
Research Program, AL................................ 1,250,000
WestStart Vehicular Flywheel Project, WA................ 1,000,000
Worcester Polytechnic University Center for Human Impact
Protection System, MA............................... 350,000
Interstate digital image exchange project............... 2,000,000
Northern Illinois University Transportation Fuel Cell
Research, IL........................................ 750,000
Data Exchange Technology Demonstration, NH.............. 500,000
PVTA Hydrogen Battery and Electric Bus Program, MA...... 1,000,000
NC State University Center for Transportation and the
Environment, NC..................................... 1,000,000
National Transit Institute, Rutgers Univ.--TELLUM
Project, NJ......................................... 500,000
San Francisco Muni Alternative Fuels New Technology
Consortium, CA...................................... 500,000
Interstate digital image exchange project and online
verification of birth records.--The conference agreement
provides $2,000,000 to expand the interstate digital image
exchange and for pilot projects to conduct online verification
of birth and death records nationwide. Amounts shall be made
available by contract or by grant to the American Association
of Motor Vehicle Administrators, states, or other appropriate
entities the Secretary deems necessary.
WORKING CAPITAL FUND
The conference agreement includes a limitation of
$116,715,000 for working capital fund activities as proposed by
the House and the Senate. The conferees further agree to a
general provision proposed by the Senate reducing funds for
this account.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The conference agreement provides an appropriation of
$900,000 for the minority business resource center program and
limits loans under the program to $18,367,000, as proposed by
both the House and the Senate.
MINORITY BUSINESS OUTREACH
The conference agreement provides $3,000,000 for minority
business outreach as proposed by the House and the Senate.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement provides $52,000,000 for
payments to air carriers, to be derived from the airport and
airway trust fund, as proposed by the Senate. The House
proposed $63,000,000 from the airport and airway trust fund
under the Federal Aviation Administration. In addition to these
funds, the program will receive $50,000,000 in mandatory
spending pursuant to the Federal Aviation Authorization Act of
1996, resulting in a program budget of $102,000,000. Funding is
to be derived from the airport and airway trust fund and is
available until expended, as proposed by both the House and
Senate.
Cost-sharing pilot program.--The conference agreement
includes language proposed by the Senate prohibiting the
implementation of a mandatory cost-sharing pilot program.
Federal Aviation Administration
OPERATIONS
The conference agreement includes $7,530,925,000 for
operations of the Federal Aviation Administration, instead of
$7,532,000,000 proposed by the House and $7,535,648,000
proposed by the Senate. Of the total amount provided,
$4,500,000,000 is to be derived from the airport and airway
trust fund instead of $4,043,000,000 proposed by the House and
$6,000,000,000 proposed by the Senate. Funds are distributed in
the bill by budget activity, as proposed by the Senate.
Contract tower cost-sharing.--The bill specifies
$6,500,000 for continuation of the contract tower cost-sharing
program as proposed by the Senate instead of $7,500,000 as
proposed by the House.
Rule implementing exemption process for mandatory
retirement.--The conference agreement includes language
proposed by the House requiring the Secretary of Transportation
to issue, not later than March 1, 2004, final regulations
establishing an exemption process for individual air traffic
controllers to delay mandatory retirement until not later than
age 61. The Senate bill included no similar provision.
Level of operational air traffic control supervisors.--
The conference agreement includes language proposed by the
House specifying that $4,000,000 of funds under this heading
are available only to raise the level of operational air
traffic control supervisors to 1,726. The Senate bill included
no similar provision.
Memoranda of understanding.--The conference agreement
modifies language proposed by the House related to the
implementation of memoranda of understanding or memoranda of
agreement between FAA and its bargaining units. The
modification would prohibit funds from continuing to implement
an existing MOU or MOA if such documents are not filed in a
central registry after January 1, 2004.
Administration of government credit cards.--The agreement
includes language proposed by the House related to FAA
management of government credit cards. The Senate bill included
no similar provision.
The following table compares the conference agreement to
the President's budget and the levels proposed in the House and
Senate bills by budget activity:
----------------------------------------------------------------------------------------------------------------
Conference
House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
Air Traffic Services................................... $6,096,800,000 $6,096,800,000 $6,096,800,000
Adjustments to the budget estimate:
Delete additional controller staffing.............. -14,095,000 ................. -14,095,000
Controller in charge payments...................... -1,250,000 ................. -1,250,000
First line supervisory staffing.................... 4,000,000 ................. 4,000,000
Contract tower cost-sharing........................ 7,500,000 6,500,000 6,500,000
NAS handoff........................................ -16,231,000 ................. -16,231,000
Medallion program.................................. ................. 4,000,000 3,000,000
Unspecified........................................ ................. -60,000,000 -25,000,000
--------------------------------------------------------
Amount recommended..................................... 6,076,724,000 6,047,300,000 6,053,724,000
========================================================
Aviation Regulation and Certification.................. 873,374,000 873,374,000 873,374,000
Adjustments to the budget estimate:
Alien species action plan.......................... -3,000,000 ................. 0
Medallion program.................................. -1,500,000 ................. 0
Transfer of staffing from Office of Policy......... 1,321,000 ................. 0
Transfer from F&E CFMSS and ASIS................... 1,120,000 ................. 1,120,000
Drug and alcohol compliance testing................ -810,000 ................. -810,000
Non-precision GPS approaches....................... ................. 5,000,000 3,000,000
Unspecified........................................ ................. -5,000,000 0
System approach for safety oversight............... ................. ................. 3,000,000
ASKME project...................................... ................. ................. 1,000,000
--------------------------------------------------------
Amount recommended..................................... 870,505,000 873,374,000 880,684,000
========================================================
Research and Acquisitions.............................. 218,481,000 218,481,000 218,481,000
--------------------------------------------------------
Adjustments to the budget estimate: Amount recommended. 218,481,000 218,481,000 218,481,000
========================================================
Commercial Space Transportation........................ 12,601,000 12,601,000 12,601,000
Adjustments to the budget estimate: Reduction on -825,000 ................. -825,000
staffing..............................................
--------------------------------------------------------
Amount recommended..................................... 11,776,000 12,601,000 11,776,000
========================================================
Financial Services..................................... 49,783,000 49,783,000 49,783,000
--------------------------------------------------------
Adjustments to the budget estimate: Amount 49,783,000 49,783,000 49,783,000
recommended
========================================================
Human Resource Management.............................. 82,029,000 82,029,000 82,029,000
Adjustments to the budget estimate:
Organizational development staff................... -375,000 ................. 0
Additional reduction to assumed base............... -6,287,000 -5,000,000 -5,500,000
--------------------------------------------------------
Amount recommended..................................... 75,367,000 77,029,000 76,529,000
========================================================
Regions and Centers.................................... 84,749,000 84,749,000 84,749,000
Adjustments to the budget estimate: Restore base 3,000,000 ................. 2,000 000
reduction.............................................
--------------------------------------------------------
Amount recommended..................................... 87,749,000 84,749,000 86,749,000
========================================================
Staff Offices.......................................... 143,150,000 143,150,000 143,150,000
Adjustments to the budget estimate:
International program--staffing reduction.......... -1,000,000 ................. 0
Transfer of Policy staff to AVR.................... -1,321,000 ................. 0
Office of Public Affairs staffing.................. -200,000 ................. -200,000
Office of Civil Rights............................. -200,000 ................. -200,000
Unallocated........................................ ................. -500,000 -500,000
--------------------------------------------------------
Amount recommended..................................... 140,429,000 142,650,000 142,250,000
========================================================
Information Services................................... 29,681,000 29,681,000 29,681,000
--------------------------------------------------------
Adjustments to the budget estimate: Amount recommended. 29,681,000 29,681,000 29,681,000
========================================================
Accountwide Adjustments:
Official time savings.............................. -6,500,000 ................. -6,500,000
Janitorial and guard services...................... -2,504,000 ................. -2,504,000
TASC costs......................................... -6,275,000 ................. -2,000,000
Cash awards........................................ -3,228,000 ................. -3,228,000
Civil aviation security positions.................. -500,000 ................. -500,000
Improved mgmt of govt. credit cards................ -500,000 ................. 0
Travel............................................. -8,988,000 ................. -4,000,000
--------------------------------------------------------
Amount recommended..................................... -28,495,000 ................. -18,732,000
========================================================
Total recommended................................ 7,532,000,000 7,535,648,000 7,530,925,000
----------------------------------------------------------------------------------------------------------------
Deployable flight incident recorders.--The conferees are
aware of technology that makes flight data recorders, cockpit
voice recorders, and emergency locator transmitters more
survivable and recoverable, such as through systems integrating
these devices into one unit combined with crash sensors,
allowingthem to eject automatically from an aircraft upon
impact and thus delivering them safely away from the impact site. The
conferees encourage the FAA to investigate and consider implementing
regulations that incorporate such systems into the commercial air
traffic fleet.
Commercial space launch regulations.--For over four
decades, the U.S. Air Force has supervised commercial space
launch operations at Cape Canaveral Air Force Station and other
federal ranges, resulting in an impeccable safety record. The
conferees have been advised that the FAA is considering
commercial space launch regulations, and are concerned that the
FAA not introduce new regulations that are unnecessary,
duplicative, or which introduce undue costs relative to
existing Air Force regulations on this industry.
Non-precision GPS approaches.--The conference agreement
provides an additional $3,000,000 to continue work to develop
and publish an increased number of non-precision instrument
approaches for airports that are not part 139 certified.
International Summit on Aviation Safety and Security.--
The conferees acknowledge the success of the International
Summit on Aviation Safety and Security established by the
George Washington University, and urge the FAA to continue
funding as long as the agency believes that it enhances
aviation safety and security.
Administration of potential shortfall due to essential
air service transfer.--The conferees agree that the FAA
Administrator has the flexibility to propose the use of funds
in either the ``Operations'' or ``Facilities and equipment''
appropriations to address any shortfalls in essential air
service funding for which FAA resources are required under
existing law. The Administrator is directed to advise the House
and Senate Committees on Appropriations on the appropriations
and programs from which these funds would be drawn.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes $2,910,000,000 for
``Facilities and equipment'', instead of $2,900,000,000 as
proposed by the House and $2,916,000,000 as proposed by the
Senate. Of the total amount available, $420,841,200 is
available for one year, and $2,489,158,800 is available for
three years. The bill specifies that, of the total funding
provided, $3,000,000 is for audit services to be performed by
the Defense Contract Audit Agency, instead of $7,000,000 as
proposed by the House; and $25,000,000 is for the Houston area
air traffic system, instead of $20,000,000 as proposed by the
House. The conference agreement does not include the
$100,000,000 proposed by the Senate for transfer to the
``Grants-in-aid for airports'' program. Funds for this program
are provided in their entirety under ``Grants-in-aid for
airports''.
The following table provides a breakdown of the House and
Senate bills and the conference agreement by program:
----------------------------------------------------------------------------------------------------------------
FY 2004 Conference
Item estimate House Senate agreement
----------------------------------------------------------------------------------------------------------------
Category 1: Improve Aviation Safety..... $273,900,000 $274,180,000 $266,800,000 $280,780,000
-----------------------------------------------------------------------
Terminal Business Unit.................. 137,600,000 135,600,000 112,500,000 122,100,000
Aviation Weather Services Improvements.. 13,200,000 13,200,000 22,200,000 22,200,000
Low Level Windshear Alert System 3,900,000 3,900,000 2,700,000 2,700,000
(LLWAS)--Upgrade.......................
Aviation Safety Analysis System (ASAS).. 13,900,000 12,100,000 6,900,000 6,900,000
Integrated Flight Quality Assurance 2,100,000 0 500,000 0
(IFQA).................................
Safe Flight 21.......................... 30,300,000 30,300,000 30,300,000 30,300,000
Advanced Technology Development and 42,800,000 52,600,000 76,600,000 70,100,000
Prototyping............................
Aircraft Related Equipment Program...... 13,700,000 12,580,000 9,200,000 12,580,000
National Aviation Safety Data Analysis 1,900,000 1,900,000 1,900,000 1,900,000
Center (NASDAC)........................
Louisville, KY technology demonstration. 0 8,000,000 0 8,000,000
Volcano Monitoring...................... 0 0 4,000,000 4,000,000
System Approach for Safety Oversight.... 12,000,000 3,000,000 0 0
Aviation Safety Knowledge Management 2,500,000 1,000,000 0 0
Environment............................
=======================================================================
Category 2: Improve Efficiency of the 934,128,300 926,773,300 1,010,003,300 1,005,895,000
Air Traffic Control System.............
-----------------------------------------------------------------------
Terminal Business Unit.................. 458,128,300 0 479,978,300 0
Standard Terminal Automation System 0 119,800,000 ................ 119,800,000
Replacement............................
ARTS/DBRITE Sustainment................. 0 30,000,000 ................ 25,000,000
Terminal Interim Remote Tower Displays.. 0 2,500,000 ................ 2,500,000
Tower Datalink Services (TDLS).......... 0 2,500,000 ................ 2,500,000
ATCBI-6................................. 0 20,000,000 ................ 20,000,000
ATC En Route Radar Facilities 0 2,700,000 ................ 2,700,000
Improvements...........................
Terminal ATC Facilities Replacement..... 0 151,245,000 ................ 158,245,000
ATC/TRACON Facilities Improvement....... 0 38,478,300 ................ 42,000,000
Terminal Digital Radar (ASR-11)......... 0 80,000,000 ................ 75,000,000
ASR-9 SLEP.............................. 0 21,950,000 ................ 23,000,000
Terminal Applied Engineering............ 0 3,400,000 ................ 4,000,000
Precision Runway Monitors............... 0 8,000,000 ................ 8,000,000
Houston Area Air Traffic System......... 0 20,000,000 ................ 25,000,000
PCS Moves............................... 0 200,000 ................ 200,000
New York Integrated Control Complex..... 0 2,000,000 ................ 5,000,000
ARSR-4 Automated Technical Documentation 0 0 0 3,000,000
Aeronautical Data Link (ADL) 23,150,000 6,550,000 13,000,000 10,000,000
Applications...........................
Free Flight Phase 2..................... 113,100,000 100,000,000 105,100,000 100,000,000
Air Traffic Management (ATM)............ 13,000,000 13,000,000 37,500,000 37,500,000
Free Flight Phase 1..................... 37,400,000 27,000,000 37,400,000 32,000,000
Automated Surface Observing System 11,800,000 11,800,000 11,800,000 11,800,000
(ASOS).................................
Next Generation VHF Air/Ground 85,850,000 85,850,000 85,850,000 85,850,000
Communications System (NEXCOM).........
En Route Automation Program............. 173,900,000 165,000,000 223,575,000 200,000,000
Weather and Radar Processor (WARP)...... 8,500,000 8,500,000 8,500,000 8,500,000
ATOMS Local Area/Wide Area Network...... 1,100,000 1,100,000 1,100,000 1,100,000
NAS Management Automation Program 1,200,000 1,200,000 1,200,000 1,200,000
(NASMAP)...............................
IDS--Flight Service Stations............ 2,000,000 2,000,000 0 0
IDS--Terminal Facilities................ 5,000,000 2,000,000 5,000,000 2,000,000
=======================================================================
Category 3: Increase Capacity of the NAS 328,500,000 369,623,800 390,935,000 396,190,000
-----------------------------------------------------------------------
Navigation and Landing Aids............. 222,700,000 0 278,835,000 0
Local Area Augmentation System.......... ................ 28,100,000 ................ 34,400,000
Wide Area Augmentation System........... ................ 117,923,800 ................ 100,000,000
VOR/DME................................. ................ 8,600,000 ................ 8,600,000
Approach Lighting System Improvement ................ 19,200,000 ................ 48,975,000
Program (ALSIP)........................
Instrument Landing System (ILS) ................ 36,000,000 ................ 48,615,000
Establishment..........................
Runway Visual Range..................... ................ 7,000,000 ................ 7,000,000
DME Sustainment......................... ................ 4,000,000 ................ 4,000,000
NDB Sustainment......................... ................ 1,100,000 ................ 1,100,000
Visual Navaids (PAPI/REIL).............. ................ 5,000,000 ................ 5,000,000
VASI Replace With PAPI.................. ................ 5,900,000 ................ 5,900,000
Navigation and Landing Aids Service Life ................ 0 ................ 0
Extension Pgm..........................
Loran-C................................. ................ 25,000,000 ................ 22,500,000
Transponder Landing System (TLS)........ ................ 6,000,000 6,300,000 6,300,000
Oceanic Automation System............... 69,000,000 69,000,000 69,000,000 67,000,000
Voice Switching and Control System 32,800,000 32,800,000 32,800,000 32,800,000
(VSCS).................................
Instrument Approach Procedures 4,000,000 4,000,000 4,000,000 4,000,000
Automation.............................
=======================================================================
Category 4: Improve Reliability of the 472,710,000 456,240,000 268,210,000 359,440,000
NAS....................................
-----------------------------------------------------------------------
Guam Center Radar Approach Control 2,600,000 2,600,000 2,600,000 2,600,000
(CERAP)--Relocate......................
Terminal Voice Switch Replacement/ 12,000,000 14,200,000 18,500,000 16,000,000
Enhance TVS............................
Airport Cable Loop Systems--Sustained 5,000,000 5,000,000 6,500,000 6,500,000
Support................................
En Route Automation Program............. 173,800,000 163,800,000 0 107,000,000
ARTCC Building Improvements/Plant 34,200,000 34,200,000 34,200,000 28,000,000
Improvements...........................
Air Traffic Management (ATM)............ 29,000,000 22,000,000 0 0
Critical Telecommunication Support...... 1,500,000 1,500,000 1,500,000 1,500,000
FAA Telecommunications Infrastructure 51,200,000 51,200,000 51,200,000 51,200,000
(FTI)..................................
Air/Ground Communications Infrastructure 24,100,000 24,100,000 24,100,000 24,100,000
Voice Recorder Replacement Program 3,300,000 3,300,000 3,300,000 3,300,000
(VRRP).................................
NAS Infrastructure Management System 22,100,000 22,100,000 22,100,000 20,000,000
(NIMS).................................
Flight Service Station (FSS) 5,800,000 5,800,000 5,800,000 5,800,000
Modernization..........................
FSAS Operational and Supportability 19,710,000 19,710,000 19,710,000 19,710,000
Implementation System (OASIS)..........
Weather Message Switching Center 1,500,000 1,500,000 1,500,000 1,500,000
Replacement............................
Flight Service Station Switch 5,400,000 5,400,000 5,400,000 2,000,000
Modernization..........................
Alaskan NAS Interfacility Communications 900,000 900,000 900,000 900,000
System (ANICS).........................
Electrical Power Systems--Sustain/ 51,000,000 51,000,000 45,000,000 45,000,000
Support................................
NAS Recovery Communications (RCOM)...... 12,000,000 12,000,000 11,600,000 9,400,000
Aeronautical Center Infrastructure 13,000,000 13,000,000 11,700,000 13,000,000
Modernization..........................
Frequency and Spectrum Engineering...... 3,600,00 1,930,000 2,600,000 1,930,000
NAS Interference, Detection, Location 1,000,000 1,000,000 0 0
and Mitigation.........................
=======================================================================
Category 5: Improve the Efficiency of 458,221,700 452,341,700 444,571,700 446,853,800
Mission Support........................
-----------------------------------------------------------------------
NAS Improvement of System Support 2,700,000 2,700,000 0 0
Laboratory.............................
Technical Center Facilities............. 14,000,000 11,000,000 3,300,000 13,000,000
Technical Center Building and Plant 3,500,000 3,500,000 3,500,000 3,500,000
Support................................
En Route Communications and Control 1,203,390 1,203,390 1,203,390 1,203,390
Facilities Improvements................
DOD/FAA Facilities Transfer............. 1,200,000 1,200,000 3,250,000 3,250,000
Terminal Communications--Improve........ 1,012,000 1,012,000 112,000 112,000
Flight Service Facilities Improvement... 1,276,890 1,276,890 476,890 476,890
Navigation and Landing Aids--Improve.... 5,929,420 5,929,420 5,929,420 5,929,420
FAA Buildings and Equipment............. 11,200,000 11,200,000 11,200,000 11,200,000
Air Navigational Aids and ATC Facilities 2,200,000 2,200,000 2,200,000 2,200,000
(Local Projects).......................
Computer Aided Eng and Graphics (CAEG) 2,000,000 2,000,000 1,000,000 1,000,000
Modernization..........................
Information Technology Integration...... 1,600,000 0 1,600,00 0
NAS Aeronautical Info Management 10,300,000 10,300,000 10,300,000 10,300,000
Enterprise System......................
Logistics Support Systems and Facilities 5,000,000 5,000,000 5,000,000 5,000,000
(LSSF).................................
Test Equipment--Maintenance Support for 4,000,000 4,000,000 4,000,000 4,000,000
Replacement............................
Facility Security Risk Management....... 41,600,000 30,000,000 36,900,000 30,000,000
Information Security.................... 11,500,000 8,000,000 11,500,000 8,000,000
Distance Learning....................... 1,400,000 1,400,000 1,400,000 1,400,000
National Airspace System (NAS) Training 4,200,000 4,200,000 4,200,000 4,200,000
Facilities.............................
System Engineering and Development 28,300,000 28,300,000 25,800,000 25,800,000
Support................................
Program Support Leases.................. 41,100,000 41,100,000 41,100,000 41,100,000
Logistics Support Services (LSS)........ 7,900,000 7,900,000 7,900,000 7,900,000
Mike Monroney Aeronautical Center-- 14,600,000 14,600,000 14,600,000 14,600,000
Leases.................................
In-Plant NAS Contract Support Services.. 2,800,000 9,800,000 0 0
DCAA Audits............................. 0 0 0 3,000,000
Transition Engineering Support.......... 39,800,000 39,800,000 35,000,000 35,000,000
FAA Corporate Systems Architecture...... 1,000,000 1,000,000 0 0
Technical Support Services Contract 47,600,000 47,600,000 46,700,000 42,562,100
(TSSC).................................
Resource Tracking Program (RTP)......... 3,600,000 3,600,000 3,600,000 3,600,000
Center for Advanced Aviation System 90,800,00 84,620,000 82,000,000 84,620,000
Development............................
Operational Evolution Plan.............. 2,000,000 0 26,000,000 21,000,000
NAS Facilities OSHA and Environmental 28,300,000 28,300,000 28,300,000 28,300,000
Standards Compliance...................
Fuel Storage Tank Replacement and 5,600,000 5,600,000 7,500,000 5,600,000
Monitoring.............................
Hazardous Materials Management.......... 19,000,000 19,000,000 19,000,000 19,000,000
Research Aircraft Replacement........... 0 15,000,000 0 10,000,000
=======================================================================
Category 6: PCB&T Only.................. 448,540,000 420,841,200 435,480,000 420,841,200
-----------------------------------------------------------------------
Personnel and Related Expenses.......... 448,540,000 420,841,200 435,480,000 420,841,200
=======================================================================
Category 7: Accountwide Adjustments..... 0 0 100,000,000 0
-----------------------------------------------------------------------
Airports Grants......................... 0 0 100,000,000 0
=======================================================================
Totals............................ 2,916,000,000 2,900,000,000 2,916,000,000 2,910,000,000
----------------------------------------------------------------------------------------------------------------
Terminal air traffic control facilities replacement.--The
conference agreement provides $158,245,000 for this program.
Funds shall be distributed as follows:
Location Conference agreement
Atlanta, GA............................................ $74,159,900
Cleveland, OH........................................... 4,000,000
Morristown, NJ.......................................... 1,300,000
Dayton, OH.............................................. 4,000,000
Wilkes Barre, PA........................................ 920,000
Oshkosh, WI............................................. 385,000
Toledo, OH.............................................. 975,000
Abilene, TX............................................. 1,760,000
Cahokia, IL............................................. 625,000
Memphis, TN............................................. 5,000,000
Baltimore, MD........................................... 600,000
Deer Valley, AZ......................................... 5,658,300
Oakland, CA............................................. 21,636,600
Manchester, NH.......................................... 8,300,000
St. Louis, MO (Tracon).................................. 1,195,500
Addison Field, Dallas, TX............................... 2,005,000
Reno, NV................................................ 2,000,000
Seattle, WA............................................. 2,000,000
Seattle, WA (Tracon).................................... 5,280,000
Fort Wayne, IN.......................................... 1,220,000
Newark, NJ.............................................. 500,000
Port Columbus, OH....................................... 700,000
Billings, MT............................................ 3,000,000
Savannah, GA............................................ 1,000,000
Newburgh, NY............................................ 1,500,000
Richmond, VA............................................ 1,000,000
Vero Beach, FL.......................................... 750,000
Everett, WA............................................. 2,000,000
Roanoke, VA............................................. 1,500,000
Merrimack, NH (Tracon).................................. 3,217,700
Phoenix, AZ............................................. 3,027,000
Warrenton, VA........................................... 4,110,000
Dulles International, Chantilly, VA..................... 4,500,000
Topeka, KS.............................................. 1,500,000
Newport News, VA........................................ 2,000,000
Battle Creek, MI........................................ 1,000,000
Mathis, CA.............................................. 4,300,000
Huntsville International................................ 8,000,000
Front Range Airport, CO................................. 2,920,000
McCarran International, NV.............................. 4,000,000
Cherry Capital Airport, MI.............................. 4,000,000
Spokane International, WA............................... 8,000,000
Boise Airport, ID....................................... 4,000,000
Phoenix Sky Harbor, AZ.................................. 2,000,000
Tulsa International Airport, OK......................... 2,500,000
Kalamazoo/Battle Creek Intl, MI......................... 2,500,000
Palm Beach International, FL............................ 1,600,000
Provo, UT............................................... 1,000,000
Missoula, MT............................................ 3,000,000
Las Cruces, NM.......................................... 1,100,000
Traverse City, MI....................................... 2,000,000
Long Island, NY......................................... 1,000,000
John C. Stennis, Pascagoula, MS......................... 2,000,000
--------------------------------------------------------
____________________________________________________
Total............................................. 158,245,000
Precision runway monitors.--The conferees expect the FAA
to proceed with the acquisition, installation, and operation of
a precision runway monitor at Cleveland Hopkins International
Airport. The City of Cleveland has devoted significant time and
effort to facilitate the acquisition of a PRM system to
complement runway improvements at the airport. Because the PRM
is a key component of the overall modernization effort, the
conferees expect FAA to proceed expeditiously with this project
to ensure the PRM is operational when the new runway opens in
the year 2004.
Advanced technology development and prototyping.--The
conference agreement includes $70,100,000 for advanced
technology development and prototyping instead of $52,600,000
as proposed by the House and $76,600,000 as proposed by the
Senate. The following table compares the conference agreement
to the House and Senate bills by budget activity:
----------------------------------------------------------------------------------------------------------------
Conference
House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
Runway incursion................................................ $8,200,000 $8,200,000 $8,200,000
Aviation system capacity improvement............................ 6,500,000 6,500,000 6,500,000
Separation standards............................................ 2,500,000 2,500,000 2,500,000
Airspace management laboratory.................................. 7,000,000 0 0
GA/vertical flight technology................................... 1,400,000 1,400,000 1,400,000
Operational concept validation.................................. 2,700,000 2,700,000 2,700,000
Software engineering............................................ 1,500,000 0 0
NAS requirements development.................................... 3,000,000 3,000,000 3,000,000
Domestic RVSM................................................... 1,900,000 1,900,000 1,900,000
Safer skies..................................................... 3,400,000 3,400,000 3,400,000
Lithium technologies to mitigate ASR............................ 1,000,000 0 1,000,000
Wind/weather research, Juneau, AK............................... 0 6,000,000 6,000,000
Phased array radar technology................................... 3,000,000 0 3,000,000
Airport research................................................ 7,500,000 15,000,000 12,000,000
Fogeye.......................................................... 0 0 2,000,000
Required navigation performance (RNP)........................... 2,000,000 0 0
NAS safety assessment........................................... 1,000,000 1,000,000 1,000,000
Automated airborne flight alert system.......................... .............. 3,500,000 3,000,000
Cabin air quality research...................................... .............. 8,500,000 8,500,000
Pulsed fast neutron analysis (PFNA)............................. .............. 7,500,000 4,000,000
Unspecified..................................................... .............. 5,500,000 0
-----------------------------------------------
Total..................................................... 52,600,000 76,600,000 70,100,000
----------------------------------------------------------------------------------------------------------------
Airport research.--Of the $12,000,000 provided,
$4,000,000 is for the airfield improvement program under
section 905 of Public Law 106-181 and to expand the program to
include asphalt; and $1,500,000 is to continue evaluation of
the runway obstruction warning system at Gulfport-Biloxi
Airport, MS, as proposed by the Senate.
Automated airborne flight alert system.--The conference
agreement provides $3,000,000 for the Automated Airborne Flight
Alert System (AAFAS). The AAFAS program is a demonstration of a
prototype rapid response capability to transmit flight data
from commercial-type aircraft using data management and
communications equipment already installed on most modern
aircraft through software modernization. The conferees agree
that the funding is a continuation of previous AAFAS work
presently underway.
Pulsed fast neutron analysis.--The conferees agree to
provide $4,000,000 for a demonstration of pulsed fast neutron
analysis technology at George W. Bush Intercontinental Airport
in Houston, Texas, instead of $7,500,000 proposed by the
Senate. The conferees direct FAA to provide a status report on
this demonstration to the House and Senate Committees on
Appropriations no later than July 1, 2004.
Standard terminal automation replacement system
(STARS).--In a recent audit, the Inspector General has raised
several concerns over the deployment strategy for the STARS
system, and has recommended that the FAA perform detailed life
cycle cost analyses justifying the costs and benefits of
replacing the common ARTS sites with STARS. While the conferees
support the STARS program, it is not clear at this time whether
the most cost-effective strategy would result in an all-STARS
deployment, or one where common ARTS and STARS are both
maintained in the national airspace system. The conferees
direct the agency not to obligate the government contractually
during fiscal year 2004 to actions which would involve
replacement of common ARTS systems or ARTS color displays until
the Inspector General reviews and validates the life cycle cost
studies and other relevant analyses provided to FAA's Joint
Resources Council to justify and rebaseline the program.
However, this does not prohibit the agency from including such
activities in contract options that the agency could exercise
after full review and approval is received. The conferees are
neutral on the issue of STARS deployment, and await the FAA's
detailed analyses and the Inspector General's review.
En route automation.--The conferees provide $307,700,000
for en route automation, a reduction of $40,000,000 below the
budget estimate. The conferees agree that this program requires
close scrutiny, including the IG review directed by the Senate.
Approach lighting system improvement program.--The
conference agreement for this program shall be distributed as
follows:
------------------------------------------------------------------------
Conference
Location Item agreement
------------------------------------------------------------------------
Items included in budget....... ....................... $14,200,000
Max Westheimer Airport, OK..... Install MALSR with REIL 800,000
and ILS.
Gary/Chicago Airport, IN....... Replace naviad; upgrade 1,200,000
RVR; centerline
lighting.
Baton Rouge Metro, LA.......... Category II runway 1,000,000
lighting.
North Las Vegas and Henderson REILs.................. 500,000
Executive, NV.
Lambert St. Louis Intl, MO..... Navaids; ASDE-X; ATCT; 2,000,000
PRM; ALSF-2 relocate.
Hartsfield International, GA... Install ALSF-2 on 2,000,000
runway 26R and 27L.
Cincinnati International, OH... Navaids for new north- 2,000,000
south runway, 17/35.
Wichita Mid-Continent, KS...... Instrument approach 500,000
lighting, runway 19L.
Colonel James Jabara Airport, Instrument approach 600,000
KS. lighting.
Various nationwide............. National procurement of 5,000,000
MALSR systems.
Alaska statewide rural lighting Airfield lighting...... 8,000,000
phase III.
Bessmer Regional, AL........... Lights and navigation 250,000
aids.
Cleveland Hopkins Precision approach path 175,000
International, OH. indicators (PAPI).
False Pass, AK................. Navigational lighting.. 2,000,000
Green County Regional, GA...... MALSR.................. 250,000
Hartsfield International, GA... ALSF-2 approach 2,000,000
lighting system (5th
runway).
Rhode Island Airport REIL and PAPI.......... 2,500,000
Corporation.
Seattle-Tacoma International, Approach lighting for 4,000,000
WA. runway 16.
---------------
Total.................... ..................... 48,975,000
------------------------------------------------------------------------
Instrument landing system establishment.--The conference
agreement for this program shall be distributed as follows:
------------------------------------------------------------------------
Conference
Location Item agreement
------------------------------------------------------------------------
Items in President's budget.... Various nationwide..... $20,700,000
Reduction to President's budget Various nationwide..... -2,700,000
Gadsden Airport, AL............ Purchase and install 2,000,000
ILS.
McCook Municipal, NE........... Purchase and install 910,000
ILS.
Leesburg Executive, VA......... Purchase and install 1,000,000
ILS/glideslope.
Baxter County Regional, AR..... Purchase and install 1,000,000
ILS.
Logan Airport, UT.............. Purchase and install 1,750,000
ILS with MALSR.
Lee Gilmer Memorial, GA........ Purchase and install 1,000,000
ILS.
Eugene Airport, OR............. Install category I ILS 750,000
with ALS, PAPI, REILs.
Harnett County Airport, NC..... Purchase and install 700,000
ILS.
Eagle River Union A/P, WI...... Install localizer, ALS, 625,000
and DME.
Anson County Airport, NC....... ILS and AWOS........... 1,500,000
Freeman Municipal Airport, IN.. Glideslope and AWOS.... 355,000
Bishop Airport, CA............. Purchase and install 800,000
ILS.
Stevens Point Municipal, WI.... Install ILS, DME, 1,500,000
glideslope, localizer,
MALSR and outer marker.
Cleveland Hopkins Intl, OH..... Purchase and install 1,500,000
ILS on runway 10; 2
PAPIs.
Big Sandy Airport, KY.......... Purchase and install 300,000
ILS.
Williamsburg/Whitley Cty, KY... Purchase and install 1,000,000
ILS.
Baraboo-Wisconsin Dells, WI.... Unspecified............ 375,000
Baton Rouge Municipal, LA...... Unspecified............ 500,000
Cincinnati/N. Kentucky Intl, OH Unspecified............ 1,500,000
Craig SPB, AK.................. Unspecified............ 2,000,000
Eagle County Regional, CO...... Unspecified............ 2,000,000
North Little Rock Municipal, AR Unspecified............ 1,200,000
Eastern Iowa, IA............... Unspecified............ 1,500,000
O'Hare International, Chicago, Unspecified............ 1,500,000
IL.
Olive Branch, MS............... Unspecified............ 850,000
Sumter Municipal, SC........... Unspecified............ 1,500,000
Western Nebraska Regional/ Unspecified............ 1,000,000
William B. Helig Field, NE.
---------------
Total.................... ..................... 48,615,000
------------------------------------------------------------------------
Oceanic automation system.--The conferees agree to an IG
audit of this program, as proposed by the Senate, but direct
the IG to compare FAA's pursuitof oceanic automation
capabilities not only to the experience of NavCanada, but to
Airservices Australia and other major oceanic ATC service providers.
New York integrated control complex.--The conferees agree
to provide $5,000,000 for continued analysis of a New York
integrated control complex as proposed by the Senate instead of
$2,000,000 proposed by the House. While the conferees support
further analysis of this potential consolidation, such project
should not receive higher funding or schedule priority than the
Houston area air traffic system, which preceded it in time and
is projected to provide significant benefit to air traffic in
that region. Given future budget constraints, it is likely that
the agency will have to phase consolidation projects, no matter
how meritorious. First funding priority should be given to the
Houston project, which is already underway.
Determination of operations versus capital budgeting.--
The House and Senate Committees have noted several instances
this year of activities budgeted in the capital appropriation
that appear to be ongoing operating expenses. In many cases,
these expenses have been either denied or transferred to the
operations budget. While the conferees understand there is
significant pressure on FAA's operating budget, those pressures
should be addressed by controlling or avoiding the expenses
directly, rather than by transferring them to another account.
To gain further insight into this issue, the conferees direct
the U.S. General Accounting Office to conduct an audit of FAA's
policies for determining when an expense should be budgeted in
the operating budget or the capital budget. This should include
a detailed look at policies and practices for budgeting
personnel compensation, benefits, travel, and related expenses
in the capital budget. In addition, the conferees request the
GAO to compare these policies to those of the Department of
Defense and other civilian agencies with large acquisition
budgets. This report should be submitted to the House and
Senate Committees on Appropriations by April 15, 2004.
Free flight phase one.--The conferees believe that some
of the activities presented under this program appear to be for
sustaining engineering or similar operating expenses. The
conferees encourage FAA to include those expenses in the
agency's operating budget in future budget requests.
Global communication, navigation, and surveillance
systems initiative.--The conference agreement includes
$20,000,000 for the global communication, navigation, and
surveillance systems (GCNSS) initiative. The conferees direct
the FAA to submit a report on this initiative to the House and
Senate Committees on Appropriations no later than March 31,
2004. The report should detail the status of planned fiscal
year 2004 activities for the program as well as the anticipated
future funding requirements for this initiative.
VOR/DME.--The conferees agree that, of the funds provided
for VOR/DME, the following allocations shall be made, as
proposed by the House: Sarasota/Bradenton International
Airport, FL (relocate VORTAC, including land acquisition),
$4,500,000; John F. Kennedy Memorial Airport, WI (install VOR
and DME), $400,000; and Rice Lake Regional Airport, WI (install
VOR and DME), $400,000.
Facilities at the FAA Technical Center.--The conferees
request the FAA Administrator to submit a report to the House
and Senate Committees on Appropriations, no later than February
15, 2004, concerning the status of civil aviation security
research and development facilities at the FAA Technical
Center. The report should address any facilities or space
formally transferred to the Department of Homeland Security as
well as cost savings attributable to such transfer. The
responsibilities for civil aviation security were largely
transferred to DHS in 2001. Although the FAA had several
security-related facilities at the FAA Technical Center, it is
not yet clear from budget documentation whether appropriate
facilities costs and support costs have been adjusted to
reflect the transfer of this mission.
Facility security risk management.--The conferees are not
clear why this program has such a large unobligated balance,
given the agency's internal reprogramming of funds to
accelerate these projects in late 2001 and supplemental funding
provided in the same year. The FAA is directed to provide a
report, no later than January 15, 2004, to the House and Senate
Committees on Appropriations explaining the cause of the
unobligated balance and the agency's plan to eliminate it.
Considering this backlog, the conference agreement provides
$30,000,000 as proposed by the House instead of $36,900,000 as
proposed by the Senate.
DCAA audits.--The conferees share the concern of the
House that FAA should not be curtailing Defense Contract Audit
Agency (DCAA) audits when ongoing programs still suffer major
cost overruns and billing disputes. When this responsibility
was transferred to individual modes from the Office of
Inspector General a few years ago, the IG warned that agencies
should not be allowed to reduce or eliminate those audits.
Unfortunately, due to lax management the agency has done just
that. The conferees re-emphasize to FAA that these valuable
audits should be increased and used on most, if not all, major
acquisition programs of the agency. The conference agreement
includes $3,000,000 solely for this purpose.
Facilities and Equipment
(AIRPORT AND AIRWAY TRUST FUND)
(RESCISSION)
The conference agreement includes a rescission of
unobligated balances from ``Facilities and equipment'' of
$30,000,000. The Secretary is directed to advise the House and
Senate Committees on Appropriations on the distribution of this
rescission prior to its implementation.
Research, Engineering, and Development
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement provides $119,439,000 for
research, engineering, and development instead of $108,000,000
as proposed by the House and $118,939,000 as proposed by the
Senate. The following table compares the conference agreement
to the budget estimate and the House and Senate bills by budget
activity:
----------------------------------------------------------------------------------------------------------------
Conference
Program House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
Improve Aviation Safety:
Reduce commercial aviation fatalities:
Fire research and safety.......................... $8,458,000 $8,725,000 $9,725,000
Propulsion and fuel systems....................... 802,000 4,802,000 4,802,000
Advanced materials/structural safety.............. 1,244,000 5,244,000 5,744,000
Flight safety/atmospheric hazards................. 3,217,000 4,217,000 3,217,000
Aging aircraft.................................... 18,336,000 17,036,000 17,036,000
Aircraft catastrophic failure prevention.......... 762,000 762,000 762,000
Flightdeck safety/systems integration............. 6,782,000 6,782,000 6,782,000
Reduce general aviation fatalities:
Propulsion and fuel systems....................... 344,000 1,344,000 1,844,000
Advanced materials/structural safety.............. 1,522,000 1,522,000 1,522,000
Flight safety/atmospheric hazards................. 1,378,000 1,378,000 1,378,000
Aging aircraft.................................... 3,584,000 3,584,000 3,584,000
Flightdeck safety/systems integration............. 1,612,000 1,612,000 1,612,000
Aviation System Safety:
Aviation safety risk analysis..................... 6,926,000 7,898,000 7,898,000
ATC/AF human factors.............................. 8,899,000 8,899,000 8,899,000
Aeromedical research.............................. 6,382,000 9,382,000 8,882,000
Weather research.................................. 20,852,000 20,852,000 20,852,000
Improve Efficiency of the ATC System: Weather research 5,000,000 3,000,000 3,000,000
efficiency...............................................
Reduce Environmental Impacts: Environment and energy...... 7,975,000 7,975,000 7,975,000
Improve Mission Efficiency:
System planning and resource mgmt..................... 500,000 500,000 500,000
Technical laboratory facilities....................... 3,425,000 3,425,000 3,425,000
-----------------------------------------------------
Total............................................... 108,000,000 118,939,000 119,439,000
----------------------------------------------------------------------------------------------------------------
Reduce Commercial Aviation Fatalities
Fire research and safety.--Of the funds provided for fire
research and safety, $1,000,000 is for an advanced cargo
monitoring system, and $1,000,000 is for advanced reticulated
polyurethane safety foam.
Propulsion and fuel systems.--Of the funds provided for
propulsion and fuel systems, $3,000,000 is to study molecular
markers designed to detect the adulteration or dilution of jet
fuel and $1,000,000 is for the Specialty Metals Processing
Consortium.
Advanced materials/structural safety.--Of the funds
provided for advanced materials/structural safety, $4,000,000
is for the National Institute for Aviation Research and
$500,000 is for the FAA Center for Excellence for Applied
Research and Training in the Use of Advanced Materials in
Transport Aircraft.
Reduce General Aviation Fatalities
Propulsion and fuel systems.--Of the funds provided for
propulsion and fuel systems, $1,000,000 is for ethanol fuel
research as proposed by the Senate, and $500,000 is for
continued research into technologies for modifications to
existing general aviation piston engines to enable their safe
operation using lower octane unleaded fuel.
Aviation System Safety
Aeromedical research.--Within the amount provided for
aeromedical research, the conference agreement includes
$2,500,000 for the studies and analysis called for in the
National Research Council's study on the impact of cabin air
quality on crew and passenger health.
Grants-in-Aid for Airports
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
The conference agreement includes a liquidating cash
appropriation of $3,400,000,000, as proposed by the Senate. The
House had no similar appropriation.
Obligation limitation.--The conferees agree to an
obligation limitation of $3,400,000,000 for the ``Grants-in-aid
for airports'' program as proposed by the Senate. The House
bill contained no similar limitation.
Administration.--The conference agreement includes a
limitation on administrative expenses of $66,254,000 instead of
$66,638,000 as proposed by the Senate. The conference agreement
distributes funding as follows:
Activity Amount
FY03 base amount........................................ $63,207,000
Mandatory adjustments................................... 2,907,000
Discretionary adjustments:
Airport financial reporting system.................. -500,000
PFC program analysis................................ -300,000
Environmental streamlining.......................... 225,000
Airport data system modification........................ 400,000
Wildlife hazard mitigation.............................. 315,000
--------------------------------------------------------
____________________________________________________
Total............................................. 66,254,000
Small community air service development pilot program.--
The bill includes $20,000,000 under the obligation limitation
to continue the small community air service development pilot
program, as proposed by the Senate. The House had no similar
funding. This is consistent with actions taken in fiscal years
2002 and 2003.
Installation of bulk explosive detection systems.--The
bill includes a provision proposed by the Senate prohibiting
funds for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport
improvements necessary to install bulk explosive detection
systems. Funding responsibility for these activities has now
transferred to the Department of Homeland Security.
San Diego Airport.--The conferees remain concerned over
the Air Transportation Action Plan (ATAP) site selection
process being conducted by the San Diego County Regional
Airport Authority. The authority has selected sites for review
without considering whether the potential sites are even
available. Of particular concern, most of the selected sites
are important active military installations which are
unavailable for civilian use.
Priority consideration for letters of intent.--The
conferees agree that FAA should give priority consideration to
letter or intent applications for improvement projects at Gary/
Chicago Airport and Birmingham International Airport during
fiscal year 2004.
High priority projects.--Of the funds covered by the
obligation limitation in this bill, the conferees direct FAA to
provide not less than the following funding levels, out of
available resources, for the following projects in the
corresponding amounts. The conferees agree that state
apportionment funds may be construed as discretionary funds for
the purposes of implementing this provision. To the maximum
extent possible, the administrator should work to ensure that
airport sponsors for these projects first use available
entitlement funds to finance the projects. However, the FAA
should not require sponsors to apply carryover entitlements to
discretionary projects funded in the coming year, but only
those entitlements applicable to the fiscal year 2004
obligation limitation. The conferees further direct that the
specific funding allocated above shall not diminish or
prejudice the application of a specific airport or geographic
region to receive other AIP discretionary grants or multiyear
letters of intent.
Airports to receive priority consideration for grant
funding.--The conferees agree that Slidell Airport, LA and
Paulding County Airport, GA are to be given priority
consideration for discretionary grant funding by the FAA during
fiscal year 2004.
------------------------------------------------------------------------
Conference
Airport Project description agreement
------------------------------------------------------------------------
A. L. Mangham, Jr. Regional Various improvements... $2,000,000
Airport, TX.
Abbeville Regional Airport, AL. Runway Extension....... 1,000,000
Abilene Regional, TX........... Various improvements... 2,000,000
Alaska statewide airports...... Runway and related 3,000,000
improvements.
Albany International, NY....... Runway extension....... 750,000
Altus/Quartz Mountain Regional, Infrastructure 500,000
OK. improvements.
Andrews Municipal Airport, SC.. Pavement reconstruction 1,000,000
Andrews Murphy Airport, NC..... Various improvements... 1,521,900
Anoka County-Blaine Airport, MN Runway Extension....... 2,000,000
Arnold Palmer Regional, PA..... Extend runway 5-25..... 2,500,000
Atka Airport, AK............... Runway Extension....... 1,500,000
Augusta Regional Airport at Terminal Construction, 2,500,000
Bush Field, GA. Runway Rehabilitation,
Various improvements.
Austin Straubel International Various improvements... 2,500,000
Airport, WI.
Bastrop-Morehouse Memorial Various improvements... 800,000
Aviation Park, LA.
Baton Rouge Metropolitan, LA... Noise mitigation; 2,100,000
various improvements.
Bert Mooney Airport, MT........ Airport Improvements... 750,000
Bessemer Airport, AL........... Runway improvements, 1,500,000
security improvements,
and other improvements.
Birmingham International Land Acquisition, 2,000,000
Airport, AL. Runway Extension.
Bowman Field, KY............... Apron & Taxiway 1,500,000
Reconstruction.
Bremerton National Airport, WA. Runway & Taxiway 4,000,000
Lengthening &
Strengthening.
Brunswick County Airport, NC... Runway and taxiway 500,000
improvements.
Burlington-Alamance, NC........ Runway extension....... 1,000,000
Cape May Airport, NC........... Drainage system 1,080,000
rehabilitation;
obstruction study/
removal.
Central Nebraska Regional Rehabilitate Runway 17- 2,000,000
Airport, NE. 35 and Connecting
Taxiway.
Central Wisconsin Airport, WI.. Primary air carrier 6,000,000
runway/parallel
taxiway reconstruction.
Chattanooga Metropolitan, TN... Rehabilitate runway 15/ 3,500,000
33.
Chickasha Municipal, OK........ Planning/justification 100,000
for runway extension.
Chippewa County International, New terminal........... 1,000,000
MI.
Cincinnati Lunken Airport, OH.. Apron construction..... 250,000
Clarion County Airport, PA..... Runway expansion....... 1,500,000
Cold Bay Airport, AK........... Terminal Facilities.... 1,000,000
Concord Regional Airport, NC... Runway Extension....... 2,750,000
Connellsville Airport, PA...... Runway Expansion....... 850,00
Council Bluffs Municipal Runway Expansion....... 2,000,000
Airport, IA.
Dane County Regional Airport- Runway 14 Safety Area 4,000,000
Truax Field, WI. Construction.
Dekalb Taylor Municipal, IL.... MALSR; easements; 4,555,000
glidseloope; land
acquisition for RPZ.
Denton Municipal Airport, TX... Airport Improvements... 2,000,000
Detroit Metropolitan Wayne Various improvements... 3,500,000
County Airport, MI.
Double Eagle II Airport, NM.... Runway 17-35 2,000,000
Reconstruction.
Egegik Airport, AK............. Runway Improvements.... 1,500,000
Elton Hensley Memorial Airport, New Runway............. 2,900,000
MO.
Erie-Ottawa Regional Airport, Various improvements... 1,500,000
OH.
Fairbanks International, AK.... Terminal redevelopment. 1,000,000
Fairfield County Airport, SC... Runway extension....... 440,000
False Pass Airport, AK......... Various Improvements... 1,500,000
Fort Dodge Airport, IA......... Extension of runway 12/ 734,000
30.
Gallatin Field Airport, MT..... Various Improvements... 1,000,000
Galveston Scholes Taxiway Improvement.... 2,500,000
International, TX.
General Mitchell International, Taxiway construction, 2,400,000
WI. taxiway rehab, and
apron rehab.
Glacier Park International Various Improvements... 750,000
Airport, Kalispell, MT.
Goshen Municipal, IN........... ALP update, land and 1,000,000
road relocation.
Greene County Regional Airport, Runway lengthening and 1,000,000
GA. improvement.
Gulfport-Biloxi Regional General Aviation & 2,850,000
Airport, MS. Cargo Development.
Guntersville Municipal, AL..... Various Improvements... 500,000
Halifax-Northampton Regional, Airport construction... 1,000,000
NC.
Hammonton Airport, NC.......... Security fencing; 585,000
construction of new
apron; EA.
Hancock International, NY...... Various improvements, 750,000
including acquisition
of jetways.
Harnett County Airport, NC..... Phase 2 runway and 1,000,000
taxiway extension.
Hector International Airport, Runway Reconstruction.. 6,000,000
ND.
Helena Regional Airport, MT.... Terminal Remodeling & 1,000,000
Expansion Project.
Hickory Regional Airport, NC... Runway lighting and 1,000,000
apron pavement overlay.
Houma Terrebone Airport, LA.... Upgrade runway......... 3,000,000
Indiana County-Jimmy Stewart Runway extension....... 810,000
Airport, PA.
Jackson International Airport, Terminal, Apron & 1,500,000
MS. Taxiway Replacement,
and other improvements.
Juneau Harbor Seaplane Base, AK Snow Removal Equipment. 1,000,000
Kay Larkin Municipal, FL....... Update airport layout 750,000
plan, perform
environmental analysis.
Ketchikan International Various Improvements... 500,000
Airport, AK.
Killeen/Fort Hood Joint Use Safety improvements.... 2,750,000
Airport, TX.
Kodiak Airport, AK............. Terminal Improvements.. 1,000,000
La Crosse Municipal, WI........ Taxiways............... 2,400,000
Lafayette Regional, LA......... Taxiway and runway 750,000
improvements.
Lampson Airport, CA............ Wastewater collection 750,000
system.
Lawrence Municipal, KS......... Various improvements... 1,000,000
Lehigh Valley International Various Improvements... 1,000,000
Airport, PA.
Long Island Islip MacArthur Various improvements... 1,000,000
Airport, NY.
Louis Armstrong New Orleans Airfield Safety 3,000,000
International Airport, LA. Improvement Program,
Various improvements.
Louisville International, KY... Extension of west 2,000,000
runway; upgrade runway
safety area.
Mahlon Sweet Field, OR......... Parallel Runway 2,250,000
construction and other
improvements.
Marion-Crittenden County Runway Paving.......... 800,000
Airport, KY.
Maryville Memorial Airport, MO. Terminal Facility, 500,000
Various improvements.
McKinney Municipal Airport, TX. Runway & Taxiway 4,000,000
Rehabilitation.
McMinn County Airport, TN...... Lengthen/widen runway; 2,000,000
extend taxiway; land
acquisition.
Meadows Field, CA.............. Apron, taxiway 5,000,000
improvements.
Midway Airport, IL............. Various improvements... 4,000,000
Minneapolis-St. Paul Pavement rehabilitation 2,500,000
International, MN. and de-icing pad.
Missoula International Airport, Land Acquisition....... 4,000,000
MT.
Mobile Downtown Airport (BFM), Rehabilitate Ramp and 1,000,000
AL. other improvements.
Montgomery Regional (Dannelly Terminal Expansion & 2,000,000
Field) Airport, AL. Renovation.
Monticello Airport, KY......... Parallel taxiway 650,000
extension.
Mt. Pleasant Municipal, MI..... Planning for upgrades.. 150,000
Nashville International Taxiway Widening, 2,225,000
Airport, TN. Airfield
Reconstruction.
New Castle County Airport, DE.. Rehabilitation of 2,000,000
Runway 1-19 & Taxiway
M.
Niagara Falls International, NY Apron expansion and 1,000,000
taxiway.
North Pickens Airport, AL...... Land Acquisition, RSA 500,000
Improvements, Runway
Overlay.
Northwest Arkansas Regional, AR Construction of cargo 2,500,000
apron and taxiway.
Oakland County International, Design of crosswind 3,000,000
MI. runway; upgrade
lighting; noise
program.
Ohio University, OH............ Airport Improvements... 1,000,000
Orlando Sanford International 9R/27L Runway Extension 500,000
Airport, FL.
Owensboro-Daviess County Various Improvements to 1,000,000
Airport, KY. Terminal, Parking &
Runway Areas.
Paragould Municipal, AR........ Master plan and 1,000,000
parallel taxiway.
Paulding County Airport, GA.... Runway construction.... 1,000,000
Pellston Regional Airport, New Passenger Terminal 1,000,000
Emmet County, MI. Building.
Philadelphia International, PA. Various improvements... 2,250,000
Phoenix Sky Harbor Noise mitigation 2,500,000
International, AZ. program.
Pittsburgh International Runway and taxiway 2,000,000
Airport, PA. improvements and
terminal building
modifications.
Plattsburgh International Redevelopment and 2,500,000
Airport, NY. Capital Improvements.
Port Authority of New York & School soundproofing... 1,000,000
New Jersey, NJ.
Pryor Field Regional, AL....... Various improvements... 3,000,000
Redlands Municipal, CA......... Security enhancements: 200.000
lighting, cameras,
intrusion sensors.
Reno/Stead Airport, NV......... Runway Reconstruction, 2,000,000
Taxilane Construction,
Overlay.
Rhode Island Airport Various Improvements... 1,000,000
Corporation.
Richard B. Russell Airport, GA. Environmental 200,000
assessment for runway
extension.
Romeoville Lewis University Runway construction, 2,500,000
Airport, IL. including ILS and land
acquisition.
Rowan County Airport, KY....... Runway extension to 3,000,000
5,500 feet.
San Bernardino International, Runway improvements.... 500,000
CA.
Sand Point Airport, AK......... Terminal Improvements.. 1,000,000
Santa Teresa Airport, NM....... Extension of runway and 2,000,000
taxiway.
Seattle-Tacoma International Various Improvements... 5,000,000
Airport, WA.
Seward Airport, AK............. Master plan phase 2.... 125,000
Slidell Airport, LA............ Various improvements... 1,000,000
Somerset Airport, KY........... Design/build passenger 3,500,000
terminal; construct
maint hanger.
Southern California Logistics Engine rune up runway 1,000,000
Airport, CA. infrastructure
improvements.
Spirit of St. Louis Airport, MO Taxiways............... 1,500,000
Springfield Branson Regional, Midfield terminal 4,000,000
MO. design; ramps and
access taxiways.
Springfield Municipal, OH...... Land acquisition....... 150,000
St. Paul Island Airport, AK.... Runway Paving.......... 1,000,000
St. Petersburg/Clearwater Runway extension....... 3,240,000
International, FL.
Statesville Municipal, NC...... Extension of runway 10/ 1,500,000
28; ILS installation.
Stockton Airport, CA........... Air Cargo Center....... 500,000
Sugar Land Regional, TX........ Construct apron and 3,600,000
taxiway.
Troy Municipal Airport, AL..... Runway & Taxiway 1,000,000
Extension, Apron
Improvements.
Tulsa International, OK........ Various improvements... 5,000,000
Tunica Airport, MS............. Airfield construction 1,000,000
and expansion.
Twentynine Palms Airport, CA... Runway parking skirt 250,000
renovation.
Twin County Airport, VA........ Runway and lighting 900,000
rehabilitation.
Unalaska Airport, AK........... Terminal Facility...... 1,000,000
Upshur County Airport, WV...... Runway extension and 660,000
apron construction.
Virginia Highlands Airport, VA. Apron, taxiways and 750,000
road construction.
Walnut Ridge Regional, AR...... Various improvements... 250,000
Wayne County Airport, OH....... Various improvements... 3,000,000
West Virginia Statewide........ Various Improvements... 8,000,000
Wichita Mid-Continent, KS...... Construct taxiway L, 2,000,000
taxiway R, and a
compass rose.
Williams Gateway Airport, AZ... Runway Construction, 2,250,000
Taxiway Repair.
Willmar Municipal, MN.......... Runway improvements, 1,000,000
lighting, and fencing.
Wilmington International, NC... Runway and drainage 1,000,000
improvements.
Wright Army Airfield, GA....... Runway rehabilitation.. 1,950,000
Yucca Valley Airport District, Floor control 400,000
CA. protection along north
side of runway.
------------------------------------------------------------------------
Alaska statewide airport improvement program.--The
conferees are aware of plans for a floatplane airport to be
located in the Matanuska Susitna Borough. Within the funds
provided to the State of Alaska for various airport
improvements, the managers expect $2,000,000 to be made
available for this facility once it has received the necessary
approvals.
AVIATION INSURANCE REVOLVING FUND
The conference agreement deletes language proposed by the
Senate authorizing funds for aviation insurance activities
under 49 U.S.C. 443 (``war risk insurance''). This
authorization is no longer needed for the orderly execution of
the program.
General Provisions--Federal Aviation Administration
The conference agreement includes a provision proposed by
the House prohibiting funds for engineering work related to an
additional runway at Louis Armstrong New Orleans International
Airport in Louisiana.
The conference agreement includes a provision proposed by
the House prohibiting funds for FAA to mandate without-cost
space, utilities, or other items in airport sponsor-owned
buildings. The Senate had a nearly identical provision with a
technical difference in wording.
The conference agreement includes a provision proposed by
the House prohibiting funds to change weight restrictions or
prior permission rules at Teterboro Airport in New Jersey. The
Senate bill contained a nearly identical provision under
section 534.
The conference agreement includes a provision proposed by
the Senate authorizing the FAA Administrator to accept funds
from an airport sponsor, subject to certain conditions, for
environmental reviews related to a project to add critical
airport capacity.
The conference agreement deletes language proposed by the
Senate requiring FAA to give priority consideration to airport
improvement projects at Paulding County, Georgia.
The conference agreement includes a provision proposed by
the Senate prohibiting funds to establish a pilot program where
essential air service communities would be required to cost-
share in the program.
The conference agreement deletes a provision proposed by
the Senate authorizing FAA to give priority consideration to a
letter of intent for extension of the main runway at the Gary/
Chicago Airport, and requiring the Administrator to consider
the application within 90 days of receiving it from the airport
sponsor.
The conference agreement deletes a provision proposed by
the Senate expressing the sense of the Senate that the
Secretary of Transportation must consider the impact of
aircraft noise on northern Delaware as part of the capacity
enhancement program at Philadelphia International Airport.
The conference agreement deletes a provision proposed by
the Senate specifiying that, of funds provided for FAA
``Facilities and equipment'', $2,000,000 is for air traffic
control facilities at the John C. Stennis International Airport
in Mississippi. Funding for this project has been provided
under ``Facilities and equipment''.
FEDERAL HIGHWAY ADMINISTRATION
Limitation on Administrative Expenses
The conference agreement limits administrative expenses
of the Federal Highway Administration (FHWA) to $337,604,000
instead of $359,458,000 as proposed by the House and
$337,834,000 as proposed by the Senate.
The conference agreement provides that $7,000,000 shall
be made available under section 104(a)(1)(A) of title 23,
U.S.C. to carry out environmental streamlining activities.
The conferees recommend the following adjustments to the
budget request by program and activity:
Employee development.................................... -$4,606,000
Employee multidisciplinary development program.......... +4,606,000
Information technology.................................. -500,000
Additional staff........................................ -646,000
FECA administrative costs............................... -84,000
Employee multidisciplinary development program.--Instead
of providing $4,606,000 for the employee development program,
the conference agreement provides these funds for the employee
multidisciplinary development program, as directed in the House
report. The conference agreement directs FHWA to provide a
report to the House and Senate Committees on Appropriations by
March 15, 2004 on this new program. The report should include
the goal of the program, what activities it will support, how
many employees are expected to participate, how employees are
selected for the program, and how it is different from the
employee development program funding in prior years.
Information technology planning.--The conference
agreement provides $20,869,000 for information technology
equipment, security, and support, instead of $21,369,000 as
provided by the House and $20,369,000 as provided by the
Senate. Consistent with the Senate, the conference agreement
directs FHWA to develop a comprehensive plan to ensure that IT
security and equipment upgrades are compatible and that any
equipment acquisition is flexible and upgradeable. This report
is to be transmitted to the House and Senate Committees on
Appropriations by February 15, 2004.
Federal staff to oversee large projects.--The conference
agreement provides $646,000 for six full time equivalents to
help oversee FHWA major projects. The House did not include
funding for this purpose, and the Senate proposed $1,292,000
for twelve full time equivalents.
FECA costs.--The conference agreement does not provide
funds for workers compensation administrative costs, as
proposed by the House.
Federal-Aid Highways
The conference agreement limits obligations for the
federal-aid highways program to $33,843,000,000, as proposed by
the Senate, instead of $33,385,000,000 as proposed by the
House.
Intelligent Bridge Systems.--As proposed by the House,
the conference agreement directs FHWA to provide a report to
the House and Senate Committees on Appropriations on
intelligent bridge systems no later than March 1, 2004.
Public lands.--The conference agreement includes language
directing that funds allocated to FHWA's public lands
discretionary program be derived from that program and not from
funds allocated to the National Park Service's regions, as
proposed by both the House and the Senate. In addition, the
conferees direct that these funds not come from funds allocated
to the Fish and Wildlife Service's regions, as proposed by the
House.
I-66 westbound widening from Rosslyn Tunnel to Dulles
Connector, Virginia.--The conference agreement provides that as
of June 1, 2004, unobligated funds for the I-66 westbound
widening from Rosslyn tunnel to Dulles Connector under the
National Corridor Planning and Border Development Program shall
be available to the Route 7 Widening project in Fairfax County,
Virginia.
Miller Creek Bridge project.--The conference agreement
directs FHWA to apply remaining funds provided in P.L. 107-87
for the environmental clearance process for the Miller Creek
Bridge Project in Montana to final design, right of way
acquisition, construction and construction engineering
activities.
Alaskan Way Viaduct, Washington.--The conference
agreement includes Senate language encouraging FHWA to work
with state and local officials to determine the amount of
emergency relief funds that should be committed to the Alaskan
Way Viaduct project.
I-80 Colfax Narrows project.--The conference agreement
includes $2,000,000 for the rehabilitation and reconstruction
of a portion of the Interstate highway connecting eastern
California and western Nevada in Placer County, CA. The states
have been advancing the project and this funding will move the
multi-year project into the next stage of development. The
funds will be provided to the project by agreement with Nevada
to improve the safety and reduce congestion on this section of
Interstate highway.
U.S. Highway 67/167, North Little Rock, Arkansas.--The
conferees recognize the potential for economic development in
the North Hills area of North Little Rock. In order to
alleviate congestion problems that would hinder that
development, the conferees direct the Federal Highway
Administration to work with the Arkansas Highway and
Transportation Department and the City of North Little Rock to
develop a plan for southbound access from U.S. Highway 67/167
near the intersection of Interstate 30 and Interstate 40 in
North Little Rock, AR no later than March 1, 2004.
Limitation on Transportation Research
The conferees provide a general limitation on
transportation research of $462,500,000, as proposed by both
the House and the Senate.
Surface Transportation Research
Within the funds provided for surface transportation
research, the conference agreement includes $103,000,000 for
highway research and development for the following activities:
Environmental, planning, real estate.................... $16,000,000
Research and technology program support................. 9,000,000
International research.................................. 400,000
Structures.............................................. 14,000,000
Safety.................................................. 11,500,000
Operations.............................................. 13,000,000
Asset management........................................ 2,750,000
Pavements research...................................... 16,000,000
Long term pavement project (LTPP)....................... 10,000,000
Advance research........................................ 600,000
Policy research......................................... 9,000,000
R&T strategic planning and performance measures......... 750,000
Environmental, planning, and real estate.--The conference
agreement provides $16,000,000 for environmental, planning, and
real estate research. Within the funds provided for this
research activity, the FHWA is encouraged to provide $1,000,000
for the completion of the dust and persistent particulate
abatement research in Kotzebue, Alaska, $250,000 for the
Sacramento Region Blueprint, and $250,000 for the Central
California Ozone Study.
Research and technology.--The conference agreement
provides $9,000,000 for research and technology program
support. Within the funds provided for this activity, the FHWA
is encouraged to provide $750,000 for the University of
Illinois Transportation Center, $750,000 for the Center on
Coastal Transportation Research at the University of South
Alabama, and $750,000 for the electromagnetic transportation
research project at the University of Vermont to continue
research into advanced ground penetrating radar systems.
International research.--The conferees have provided
$400,000 for international research activities. Further, FHWA
is directed by the conferees to consult the House and Senate
Appropriations Committees before any international agreements
are consummated that are likely to require financial support.
Structures.--The conference agreement provides
$14,000,000 for structures research. Within the funds provided
for structures research, the conferees encourage FHWA to
provide $750,000 for the deployment of lithium technologies to
prevent and mitigate alkali silica reactivity, $1,000,000 for
the New York City Bridge Corrosion Monitoring Project, $250,000
for a demonstration project to evaluate the use of battery-
powered cathodic protection to extend the life of concrete
bridges located in extreme cold weather conditions, $1,000,000
to the Constructed Facilities Center at West Virginia
University for the rapid deployment and durability of bridge
structures constructed with advanced composite materials,
$250,000 for the University of Delaware's Center for Innovative
Bridge Engineering, $1,500,000 for the Infrastructure Renewal
Research project at Washington State University, and $500,000
to support non-destructive structural evaluation technology at
the New Mexico State University's Bridge Research Center.
Safety.--The conference agreement provides $11,500,000
for safety research. Within the funds provided for this
activity, the conferees encourage FHWA to provide $250,000 to
conduct a waterborne road marking evaluation at the
Pennsylvania State University to understand the safety and
environmental impacts of several pavement marking systems, and
$500,000 toWashington State Department of Transportation for
pilot projects to test Level-2 Warning/Positive protection gates for
highway railroad grade crossings.
Operations and asset management.--The conference
agreement provides $13,000,000 for operations and $2,750,000
for asset management. Within the funds provided for these
activities, the conferees encourage FHWA to provide $750,000
for the National Steel Bridge Alliance, $200,000 for the
Northwestern University Highways 2008, $100,000 for Wisconsin's
critical vulnerability assessment and countermeasure plan,
$750,000 for the University of Idaho's National Institute for
Advanced Transportation Technology, working with the Northwest
Transportation Training and Education Alliance, to develop and
deliver training and education for transportation professionals
in Idaho, Oregon and Washington, and $2,000,000 for the
Oklahoma Transportation Center to conduct research addressing
freight flows throughout Oklahoma.
The conference agreement does not provide funds for
statistical analysis of the National Quality Initiative under
any FHWA research program, as proposed by the House. Such
analysis shall be performed by the Bureau of Transportation
Statistics.
Pavements.--The conference agreement provides $16,000,000
for pavements research. Within the funds provided for this
activity, the conferees encourage FHWA to provide $350,000 to
Florida Atlantic University for the material integrity project,
$1,500,000 for the National Center for Asphalt Technology at
Auburn University, Alabama, $1,000,000 for the Center for
Portland Cement Concrete Pavement Technology at Iowa State
University, $500,000 to continue evaluating GSB-88 emulsified
binder treatment application, and $250,000 to support the
Institute for Aggregates Research at Michigan Technological
University.
Policy.--The conference agreement provides $9,000,000 for
policy research. Within the funds provided for this activity,
FHWA is encouraged to provide $300,000 to Boston University
Infrastructure Investment Research Initiative, $300,000 to the
City College of San Francisco Transportation Academy, and
$500,000 to the University of Kentucky Academy for Community
Transportation Innovation for innovation of transportation
facilities into rural communities.
Within the funds provided, the conferees encourage FHWA
to conduct a high performance/low emission asphalt test project
in consultation with the National Center for Asphalt Technology
as proposed by the Senate.
INTELLIGENT TRANSPORTATION SYSTEMS
The conference agreement provides a limitation on
Intelligent Transportation Systems of $232,000,000. Funds are
available for the following activities:
Research and development................................ $52,000,000
Operational tests....................................... 12,000,000
Evaluations............................................. 7,000,000
Architecture and standards.............................. 18,000,000
Integrations............................................ 11,500,000
Program support......................................... 11,500,000
--------------------------------------------------------
____________________________________________________
Subtotal.......................................... 110,000,000
--------------------------------------------------------
____________________________________________________
ITS Deployment incentive program........................ 122,000,000
Total............................................. 232,000,000
Joint Program Office.--In the early 1990s, the
appropriations committees expressed strong support for the
formulation of a Joint Program Office (JPO) within the DOT to
oversee the Federal role in the National Intelligent
Transportation system (ITS) effort. This office, which is
located within the Federal Highway Administration, now provides
overall program direction and budget coordination among the
multiple DOT offices conducting ITS activities. The success of
the Federal investment in ITS has been due partly to the
effective functioning of the JPO. For example, the JPO's close
association with FHWA's research, headquarters staff, and
regional offices has ensured a unified approach to providing
training, implementing and testing standards, and adhering to a
national systems architecture. The conferees maintain that the
JPO's positive working relationship with the FMCSA and FTA has
facilitated progress in advancement of technologies and the
deployment of activities.
The appropriation for ITS provided by the conferees is
predicated on the continuation of the JPO conducting the
functions identified previously. Maximum efficiencies are most
likely to be obtained by retaining the current administrative
structure of the JPO within the FHWA with a reporting function
to the Deputy Secretary. If there is any change in the
administrative structure or responsibilities of the JPO, the
Secretary is directed to inform the House and Senate Committees
on Appropriations and to justify in detail such changes.
Intelligent transportation systems deployment projects.--
Within the funds available for intelligent transportation
systems deployment, the conferenceagreement provides that not
less than the following sums shall be available for intelligent
transportation projects in these specified areas:
Project Amount
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, CA................................. 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, OH..... 14,000
Corona City-wide automated traffic management system.... 1,000,000
DelTrac Statewide Integration, Delaware................. 1,000,000
Demonstration project to deploy Geospatial Emergency &
Response System (GEARS) for transportation.......... 150,000
Detroit Metro Airport ITS............................... 350,000
DuPage County Signal Interconnection Project............ 300,000
Elk Grove Traffic Operations Center..................... 960,000
Fairfax County Route 1 Traffic Synchronization ITS Pilot
Project............................................. 500,000
FAST Las Vegas (ITS-Phase 2)--Construction.............. 300,000
Fiber Optic Signal Interconnect System, Tuscon, Arizona. 3,500,000
George Washington University, Virginia Campus........... 500,000
Germantown Parkway ITS Project, Tennessee............... 3,000,000
GMU ITS Research, Virginia.............................. 500,000
Great Lakes ITS, Michigan............................... 3,000,000
Greater Philadelphia Chamber of Commerce ITS System,
Pennsylvania........................................ 1,500,000
Harbor Boulevard Intelligent Transportation............. 800,000
Hawthorne Street Public Access Improvements, New
Bedford, MA......................................... 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
1-87 Highway Speed E-Z Pass at the Woodbury Toll Barrier 1,750,000
1-87 Smart Corridor..................................... 1,000,000
I-90 Phase 2 Connector ITS Testbed--Town of North
Greenbush--Rensselaer County, NY.................... 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, TX........................... 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, CA....................................... 500,000
Intelligent Transportation Systems, City of Wichita
Transit Authority................................... 750,000
Intelligent Transportation Systems, Statewide and
Commerical 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, LA..................................... 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 Signilazation 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, MA...... 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 1-95 and 1-87........................... 1,676,000
North Bergen, New Jersey Traffic Signalization
Replacement......................................... 1,000,000
Oklahoma Statewide ITS.................................. 4,000,000
Palm Tran, Palm Beach County, FL--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 Architeture 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
Wyoming Statewide ITS Initiative........................ 4,000,000
Ferry Boats and Ferry Terminal Facilities
Within the funds available for ferry boats and ferry
terminal facilities, funds are to be available for the
following projects and activities:
Project Amount
Akutan Ferry Planning and Design, Alaska................ $1,000,000
Canal Corridor Association--Port of LaSalle Project,
Illinois............................................ 400,000
Capital Cost of Contracting for Water Bus Service,
Florida............................................. 500,000
City of Palatka Ferry Service, Florida.................. 650,000
Coffman Cove/Wrangell/Petersburg Ferries and Ferry
Facilities, Alaska.................................. 2,000,000
Erie-Western Pennsylvania Port Authority Ferry Vessel
Acquisition......................................... 800,000
Ferry service from Rockaway Peninsula to Manhattan
(Jamaica Bay Transportation Hub), New York.......... 500,000
Fire Island Ferry Terminal, Saltaire, New York.......... 450,000
Fort Morgan-Dauphin Island Ferry, Alabama............... 2,500,000
Governor Curtis Ferry Boat Replacement, Maine........... 400,000
Hatteras Ferry Project, North Carolina.................. 500,000
High Speed Ferry Terminal, Bridgeport, Connecticut...... 750,000
Ocean Gateway Development, Maine........................ 500,000
Oyster Point Ferry Vessel, San Francisco, California.... 1,000,000
Passenger Ferry, Port of Corpus Christi, Texas.......... 500,000
Pittsburgh Water Taxi, Pennsylvania..................... 500,000
S-236 Claggett Road/Lewis & Clark Ferry Boat Facilities
on Missouri River, Montana.......................... 800,000
Southworth and Vashon Terminal Improvements, Washington. 1,000,000
Stamford High Speed Ferry, Stamford, Connecticut........ 500,000
Staten Island Ferry Kennedy Class Replacement Program,
New York............................................ 1,950,000
Swans Island Ferry Terminal Improvements, Swans Island,
Maine............................................... 500,000
Winthrop, Massachusetts Ferry........................... 300,000
TEA-21 Set-asides (Alaska, Washington, New Jersey)...... 20,000,000
National Corridor Planning and Border Development Program
Within the funds available for the national corridor
planning and border development program, funds are to be
available for the following projects and activities:
Project Amount
146th Street 1-69 Access Project, Hamilton County,
Indiana............................................. $1,000,000
172nd Street/I-5 Interchange and Bridge Expansion,
Washington.......................................... 3,000,000
34th Street Corridor completion, Minnesota.............. 1,000,000
Aiken Road Bridge, Kentucky............................. 1,000,000
Alameda Corridor-East Gateway to America Project Phase
II, Los Angeles, California......................... 2,000,000
Anacostia Crossings and Freeway Study, Maryland......... 750,000
Anniston East Bypass, Alabama........................... 3,000,000
Arch-Sperry Road Improvements, California............... 250,000
Arctic Winter Games Transportation Improvements, Alaska. 1,000,000
Auburn Ravine Bridge--City of Lincoln, California....... 250,000
Bayfield County bridge projects, Wisconsin.............. 410,000
California, State Route 75 (City of Coronado) Tunnel
Project Report and Environmental Document,
California.......................................... 500,000
Cameron Street Bridge, Shamokin/Coal Townships,
Northumberland County, Pennsylvania................. 1,000,000
Canal Road Intermodal Connector, Harrison County,
Mississippi......................................... 1,000,000
City of Forsyth Frontage Road, Illinois................. 200,000
City of Seminole, US 377 upgrades and creation of a
spur, Oklahoma...................................... 2,000,000
Coalfields Expressway, Virginia......................... 500,000
Columbus, Mississippi Highway 45 Bypass................. 750,000
Construct Madison Street Interchange I-29 in Sioux
Falls, South Dakota................................. 5,000,000
Corridor V construction along SR-6, Mississippi......... 1,000,000
Donna-Rio Bravo International Border Crossing, Texas.... 800,000
Elk Grove Sheldon 99 Interchange, California............ 300,000
Falls to Falls Corridor, Minnesota...................... 1,000,000
Flintlock Road Overpass, City of Liberty, Missouri...... 1,000,000
Ft. Wainwright Alternative Access & Chena River
Crossing, Alaska.................................... 5,700,000
Garden Parkway Bypass (US 321/74), North Carolina....... 2,000,000
Georgia S.R. 316 Improvements--Gwinnett County, Georgia. 100,000
Highway 101 Implementation Plan, California............. 600,000
Highway 22/Cordon Road Interchange--Environmental Impact
Study, Oregon....................................... 500,000
Highway 431 Modification, Alabama....................... 1,200,000
Highway 71, Alma to Greenwood, Arkansas................. 1,450,000
Highway 71: Louisiana State Line, DeQueen, Arkansas..... 850,000
I-5 Interregional Arterials Improvement Project,
California.......................................... 700,000
I-565 to Memorial Parkway, Huntsville, Alabama.......... 5,000,000
I-65 and County Road 24 Interchange, Limestone County,
Alabama............................................. 1,000,000
I-66 westbound widening from Rosslyn Tunnel to Dulles
Connector, Virginia................................. 1,000,000
I-675 Corridor Improvements, Ohio....................... 500,000
I-69 Indianapolis to Evansville......................... 1,000,000
I-73 Corridor Project................................... 250,000
I-75/Austin Road Interchange, Ohio...................... 650,000
Interchange/overpass at highway K-7 and 55th St. and
Johnson Dr. in Shawnee, Kansas...................... 1,000,000
Intercounty Connector (ICC), Maryland................... 500,000
Interstate 5 Riverfront Reconnection, California........ 500,000
Jasper Airport Road, Jasper, Alabama.................... 1,000,000
Jim Thorpe Bridge Renovation Project, Pennsylvania...... 500,000
Kauffman Ave Roadway Improvements, Greene County, Ohio.. 500,000
KY750 from US 23 to KY 3105 in Raceland, Greenup County,
Kentucky............................................ 300,000
LA 1 Port Fourchan to US 90............................. 2,000,000
LA 18 from Avondale to US 90, Jefferson Parish,
Louisiana........................................... 350,000
LA 37/US 190, Central Thruway Connector, Louisiana...... 1,000,000
LA Hwy 820 Improvements, Lincoln Parish, Louisiana...... 1,500,000
Loop 201 Expansion Project, Texas....................... 750,000
Missisquoi Bay Bridge, Vermont.......................... 4,000,000
Murchison Road, Cumberland County, North Carolina....... 500,000
Murray Business Loop, Kentucky.......................... 1,000,000
New Haven Road Corridor Study, Connecticut.............. 90,000
North Coast Interstate 5, California.................... 500,000
Northern Tier Expressway (NTE), New York................ 100,000
North-South Highway TCL-MSL Corridor, Alabama........... 1,000,000
Pittston Connector Project, Pennsylvania................ 300,000
Planning for New Route over Cape Fear River, North
Carolina............................................ 125,000
Ports-to-Plains highway rehabilitation between Del Rio
and Eagle Pass, Texas............................... 1,100,000
Ranchero Road/Cajon Branchline Grade Separation,
California.......................................... 500,000
Route 104/Dominion Boulevard, Virginia.................. 3,000,000
Route 106 Underpass Rehabilitation, Mansfield,
Massachusetts....................................... 750,000
Route 12, Veterans Memorial Corridor, Auburn,
Massachusetts....................................... 1,250,000
Route 168 Corridor Improvements, Camden and Gloucester
Counties, New Jersey................................ 250,000
Route 24/140 Interchange, Taunton, Massachusetts........ 1,000,000
Route 403 Relocation, Rhode Island...................... 800,000
Route 590 Reconstruction project, Irondequoit, New York. 2,500,000
Route 79 Improvements, Fall River, Massachusetts........ 1,350,000
Rutherford Avenue, Boston, Massachusetts................ 1,500,000
Santa Fe/C-470, Colorado................................ 4,000,000
SH 158 widening in Sterling County, Texas............... 800,000
Shelby County CR 500 E Safety Upgrade, Indiana.......... 100,000
SR694, Pinellas Park, Florida........................... 2,000,000
St. Clair Avenue in East Liverpool, Ohio................ 500,000
State Highway 133 Widening, Colquitt County, Georgia.... 4,000,000
Ten Mile at Middlebelt Road Intersection Safety,
Michigan............................................ 200,000
Tennessee 4th's US 412 Corridor, Tennessee.............. 1,750,000
Tennessee's I40 in Roane County......................... 500,000
TH241, St. Michael, MN.................................. 300,000
The Hendricks County North-South Corridor Highway....... 850,000
The Rock Island Parkway Project, Arkansas............... 675,000
Tienken Road Bridge over the Paint Creek, Rochester
Hills, Michigan..................................... 750,000
Town of Marana Twin Peaks Corridor, Arizona............. 800,000
Trenton Channel Bridge Replacement, Wayne County,
Michigan............................................ 400,000
U.S. Route 33 Corridor Improvements at Winchester-
Cemetary Road, Ohio................................. 1,000,000
U.S. Route 33 Road Improvements (Pendelton County, West
Virginia)........................................... 500,000
U.S. Route 422 Improvement Project, Pennsylvania........ 500,000
University Boulevard Interchange Project, Pennsylvania.. 1,000,000
Upgrade US158 to a multilane facility between I-85 and
I-95, North Carolina................................ 400,000
US 113, Maryland........................................ 1,500,000
US 60, Osage County, Pawhuska to Vinita, Oklahoma....... 2,000,000
US 67 improvements, Missouri............................ 5,000,000
US 83 Anzalduas Connection Road and Structures to New
International Bridge, Texas......................... 500,000
US 87 Bypass around Big Spring, Texas................... 300,000
US Highway 10 Interchange--City of Ramsey, MN........... 200,000
US Highway 218 in Keokuk, Iowa.......................... 750,000
US Market Street Bridge, Lycoming County, Pennsylvania.. 1,000,000
US11, Orleans and St. Tammany Parishes, Louisiana....... 500,000
US-231/I-10 Freeway Connector, Alabama.................. 8,000,000
US-395 North Spokane Corridor, Washington............... 1,000,000
USH 53 Bypass (Eau Claire, Wisconsin)................... 2,000,000
Walden Point Road, Alaska............................... 2,000,000
West Virginia Route 10.................................. 10,000,000
Winfield Way Extension, Canton, Ohio.................... 500,000
Yakima Grade Separations, Washington.................... 1,000,000
Transportation and Community and System Preservation Program
Within the funds made available for the transportation
and community and system preservation program, funds are to be
distributed to the following projects and activities:
Project Amount
Bellingham, Coast Millennium Trail--South Bay Taylor
Dock Project, Washington............................ $500,000
Big Lake to Wasilla Pedestrian Trails, Alaska........... 500,000
Briarcliff Manor Union Free School District, New York
traffic light....................................... 150,000
Central Avenue Parking Facility and Pedestrian
Improvements, Florida............................... 500,000
Civic center streetscape improvement, New York.......... 500,000
Clarksville Square, Clarksville, Texas.................. 250,000
Colchester, Vermont..................................... 1,000,000
Connection of the Alabama Chief Ladiga Trail and the
Georgia Silver Comet Trail, Alabama................. 100,000
Downtown Revitalization Project, Somerset, Kentucky..... 1,750,000
Henderson County Port Authority Project, Kentucky....... 1,000,000
High line project, New York City, New York.............. 500,000
Highway 79 Corridor/Greenway Project, Alabama........... 750,000
Hobbs Industrial Air Park Roads, New Mexico............. 100,000
Homewood, Illinois railroad station/platform acquisition
and improvement..................................... 200,000
Hot Springs Bike Trail, Arkansas........................ 80,000
Independence Creek Hiking/Biking Road Access, Kansas.... 250,000
Kincaid Park Trail Connection, Alaska................... 900,000
Lewisburg Comprehensive Transportation Plan, Lewisburg,
West Virginia....................................... 85,000
Manhattan, Kansas Fourth Street Corridor................ 200,000
Marathon County--Mountain Bay Trail, Wisconsin.......... 225,000
Marion County Alabama Safety, Efficiency, and Trade
Highway Improvement Program......................... 800,000
Miller Farm Bridge, Pennsylvania........................ 500,000
Newberg-Dundee Transportation Improvement Project,
Oregon.............................................. 500,000
Niobrara Scenic River Corridor Roads, Nebraska.......... 1,000,000
North Dakota 23 Lake Sakakawea Crossing--Linear Library,
Truss Monument...................................... 250,000
North/South Road, Oahu, Phase I, Hawaii................. 1,000,000
Owensboro Waterfront Development Project, Kentucky...... 2,000,000
Puna Makai Alternate Road Study, Island of Hawaii....... 200,000
Regional Plan Association Willimasburg/Navy Yard/Vinegar
Hill Corridor Access, New York...................... 200,000
Riverfront Battle Property Trail, Georgia............... 250,000
Riverwalk, Warren, Ohio................................. 500,000
Road construction for industial park for City of Vinita,
Oklahoma............................................ 100,000
Rockford Road, Ardmore, Oklahoma........................ 700,000
Route 152 Safety Improvements, Santa Clara County,
California.......................................... 250,000
Route 29 Recreational Bike and Pedestrian Path, Mercer,
New Jersey.......................................... 1,000,000
Scranton Nay Aug Park Enhancement Project, Pennsylvania. 400,000
Streetscape Initiative, Phase II, Northwest Moultrie,
Georgia............................................. 500,000
Study of Highway 35/county M Bypass of Downtown Osceola,
Wisconsin........................................... 200,000
Talcottville Transportation Improvement Project,
Connecticut......................................... 500,000
Town of Clayton Downtown Revitalization, Clayton,
Alabama............................................. 500,000
Trinity River Visions Neighborhood Linkage, Texas....... 500,000
U.S. 49 from Florence, Mississippi to I-20.............. 800,000
Uptown Crossings Vine Street Improvement Project, Ohio.. 1,000,000
US-222 Kutztown Bypass, Pennsylvania.................... 500,000
US30 Bypass--PA10 to US30 Business...................... 500,000
Village of Glencoe, Illinois, Green Bay Trail--North
Branch Trail Connection............................. 200,000
Walden Woods Corridor Overpass Study, Massachusetts..... 200,000
Weston Streetscape Renewal, West Virginia............... 200,000
Woodward Avenue Livable Community Project, Michigan..... 210,000
Bridge Discretionary Program
Within the funds available for the bridge discretionary
program, including the bridge set-aside, funds are to be
available for the following projects and activities:
Project Amount
9th Street Bridge, NE over New York Avenue, District of
Columbia............................................ $500,000
Blackford Bridge Project, Kentucky...................... 250,000
Bridge Replacement on Arkabutla--Coldwater Road,
Mississippi......................................... 800,000
Broadway Bridge/I-25 Interchange Complex, Colorado...... 8,000,000
Canvas Bridge, Nicholas County, West Virginia........... 8,000,000
Carlsbad, New Mexico, Railroad Overpass................. 1,500,000
Christina River Bridge Seismic Retrofit, Delaware....... 1,000,000
Coal Creek Parkway, Washington.......................... 1,000,000
Construction of the Cooper River Bridge Replacement
Project, South Carolina............................. 1,250,000
CR 309 Georgetown Bridge, Putnam County, Florida........ 500,000
Ferry Street Bridge, New Haven, Connecticut............. 2,000,000
First Street Bridge, Roanoke, Virginia.................. 500,000
Funny River Bridge Crossing, Alaska..................... 5,000,000
Golden Gate Bridge Seismic Retrofit..................... 4,500,000
Greene County, Missouri Demonstration Bridge............ 400,000
Greenspot Bridge, Highland, California.................. 500,000
Hagatna River, Flood Mitigation Bridge Improvement
Project, Guam....................................... 400,000
Highway 19 Bridge Replacement, Missouri................. 6,000,000
Highway 21/Rincon Truck Bypass, Georgia................. 4,000,000
Historic Woodrow Wilson Bridge Restoration Project,
Rankin Co., Mississippi............................. 2,500,000
I-195 Washington Bridge (East Bound), Rhode Island...... 4,000,000
I-35 Trinity River Bridge, Texas........................ 925,000
I-710 Corridor/Gerald Desmond Bridge Gateway Program
(Desmond Bridge Replacement), California............ 800,000
I-95 New Haven Q-Bridge, Approach Work (Contract C),
Connecticut......................................... 750,000
IH-35E Chambers Creek Bridges, Texas.................... 1,500,000
Indian River Inlet Bridge Replacement, Delaware......... 4,075,000
Interstate 74 Bridge Corridor Project, Iowa............. 1,250,000
Kapahi Bridge, Island of Kauai.......................... 350,000
Lake Pontchartrain Causeway Bridge, Louisiana........... 3,000,000
Leeville Bridge, Lafourche Parish, Louisiana............ 1,500,000
Longfellow Bridge, Boston and Cambridge, Massachusetts.. 2,250,000
Martin Luther King Jr. Bridge Aprons, Toledo, Ohio...... 1,600,000
Missouri River Bridge, Rulo Nebraska.................... 1,000,000
North Avenue Bridge, Chicago, Illinois.................. 5,000,000
Replacement of existing I-75 Brent Spence Bridge over
Ohio River between Covington and Cincinnati,
Kentucky............................................ 2,000,000
Route 52 Causeway Replacement and Somers Point Circle
Elimination, New Jersey............................. 1,250,000
Russell Street Viaduct Replacement, Baltimore, Maryland. 4,000,000
Sauvie Island Bridge Replacement, Oregon................ 400,000
SR 520/SR 25 Flyover Bridge, Glynn County, Georgia...... 2,500,000
Tamiami Bridge Replacement, Florida..................... 1,500,000
U.S. 220--Business Bridge Replacement, Virginia......... 2,000,000
U.S. 34 Missouri River Bridge in Mills County, Iowa..... 1,500,000
US-169 viaduct between Kansas Avenue and I-70, Kansas
City, Kansas........................................ 2,000,000
US-2, Dover Bridge, Bonner County, Idaho................ 1,250,000
US20 Bridge Repair, Oregon.............................. 600,000
Vernon Atlantic Boulevard Bridge Expansion Project,
California.......................................... 400,000
Waldo-Hancock Suspension Bridge in Prospect and Verona,
Maine............................................... 4,000,000
Federal Lands
Within the funds available for the federal lands program,
funds are to be available for the following projects and
activities:
Project Amount
Access roads to Beale Air Force Base, California........ $750,000
Adams National Historic Park Transportation and Access,
Massachusetts....................................... 465,000
Apache County Road, 5020, Arizona....................... 752,000
Apache County South Fork Bridge, Arizona................ 275,000
Atwater Federal Penitentiary Access Road, California.... 1,000,000
BIA Route 35 resurfacing: State line to Montezuma Creek,
Utah................................................ 1,000,000
Big South Fork, Scenic Railway Track Restoration in
McCreary County, Kentucky........................... 400,000
Blackstone River Bikeway, Rhode Island.................. 1,500,000
Blackwater Wildlife Refuge roads and visitor center,
Maryland............................................ 400,000
Brown's Park, Utah...................................... 1,000,000
Calaveras Wagon Trail Expressway Realignment, California 350,000
Calumet Trail, Prairie Duneland Trail and Marquette
Trail Link, Indiana................................. 307,000
Chickasaw Museum and Cultural Center Planning and
Development, Mississippi............................ 500,000
Chignik Road Improvements, Alaska....................... 2,100,000
Choctaw Roads, Mississippi.............................. 1,425,000
City of Henderson Lake Las Vegas/Lake Mead Interchange,
Nevada.............................................. 2,000,000
City of Rocks Back Country Byway, Stage 2, Idaho........ 3,000,000
Colville Confederated Tribe--Inchelium/Gifford Bridge
Feasibility Study, Washington....................... 120,000
County Road, Preston North and South, Nebraska.......... 650,000
Craig Road Overpass, Nevada............................. 3,000,000
Cross Base Highway, Washington.......................... 750,000
Foothills Parkway, Great Smoky Mountains National Park,
Tennessee........................................... 900,000
Fort Yates Business Loop Street Improvement, North
Dakota.............................................. 550,000
George Washington Memorial Parkway Safety Improvements,
Virginia............................................ 600,000
Glacier Creek/Nome Bypass, Alaska....................... 3,000,000
Glorieta Battlefield NM 50 realignment, New Mexico...... 375,000
Hal Rogers Parkway, Kentucky............................ 1,000,000
Hansen Dam Recreation Area Parking Enhancements,
Pacoima, California................................. 325,000
Hawaii Statewide Federal Lands Improvements............. 4,000,000
Highway 62 Traffic and pedestrian safety improvement, in
Yucca Valley, California............................ 500,000
Hoover Dam Bypass Bridge, Arizona....................... 7,000,000
Iditarod Historic National Trail Project, Alaska........ 500,000
IH20--Dyess AFB Access Project, Texas................... 1,368,000
Interstate Bridge Crossing between Bullhead City,
Arizona and Laughlin, Nevada........................ 500,000
Lake Tahoe EIP, Nevada.................................. 1,200,000
Lewis and Clark Legacy Trail, North Dakota.............. 400,000
Lowell Riverwalk Phase II Design, Massachusetts......... 800,000
Lower Etwha Klallam Tribe--Access Road, Washington...... 2,300,000
Marin Parklands/Muir Woods Visitor Access, California... 1,100,000
McCarthy Creek Tram, Alaska............................. 200,000
Military Cutoff Road (SR 1409) Improvements in New
Hanover County, North Carolina...................... 400,000
Mill Creek Road (Mendocino County), California.......... 400,000
Moosalamoo Region, Green Mountain National Forest,
Vermont............................................. 150,000
Navajo Archeological Study, Utah State Route 262 between
Montezuma Creek and Aneth, Utah..................... 1,250,000
Needles Highway Realignment and Safety Improvements,
California.......................................... 3,000,000
Ohiki Road Bank Stabilization and Engineering, Hanalei,
Island of Kauai..................................... 50,000
Ohio State Route 2/Ottawa National Wildlife Refuge...... 500,000
Presidio Trails and Bikeways, Golden Gate National
Recreation Area, California......................... 1,000,000
Public Lands Highways Project, Cedar Creek bridge
construction at Wilson Lake, Russell County, Kansas. 300,000
Red Cliff Arch Bridge, Colorado......................... 3,000,000
Regional Tourism and Transportation Center, New York.... 1,250,000
Rehabilitation of the Henry Drive Bridge #001 over the
Union Pacific Railroad tracks at Fort Riley, Kansas. 808,000
Rossie Coats Road, Kemper County, Mississippi........... 150,000
Russell Cave National Monument Road, Jackson County,
Alabama............................................. 500,000
Saginaw Chippewa Transportation Improvement Project,
Michigan............................................ 1,200,000
Salmon Falls Creek Bridge............................... 500,000
Seminoe Dam Road, Wyoming............................... 3,500,000
Shotgun Cove Road, Alaska............................... 2,000,000
Six County Fort Peck Road Access Project, Montana....... 1,500,000
Skokomish Tribe Roadway Improvements, Washington........ 1,300,000
Snake Road (BIA Route 1281) Improvement, Florida........ 1,000,000
Southeast Alaska Seatrails.............................. 500,000
State Highway 149, Colorado............................. 400,000
Stoughton Pond Road, Weathersfield, Vermont............. 100,000
Sturgeon Lake Road Overpass, Minnesota.................. 2,000,000
Summit Valley Road, San Bernardino County, California... 500,000
Tank Destroyer Blvd, Ft. Hood, Texas.................... 1,000,000
Taylor Hill Road US Secondary Montana 234............... 1,420,000
Timucuan Preserve Bike Trail, Florida................... 1,000,000
US Highway 491 (666) on the Navajo Nation, New Mexico... 1,000,000
US 93 Evaro to Polson Wildlife Crossings, Montana....... 1,000,000
USMC Heritage Center Access, Virginia................... 650,000
Western Canalway, Suffolk and Moody Street Reach,
Massachusetts....................................... 400,000
Western Maryland Low Impact Welcome Center at Byron
Overlook, Maryland.................................. 800,000
Wolf Trap National Park Pedestrian Crossing, Virginia... 750,000
Scenic Byways
Within the funds available for the scenic byways program,
funds are to be available for the following projects and
activities:
Project Amount
Amherst County Greenway, Virginia....................... $1,000,000
City of Espanola El Camino Real Scenic Byway alignment,
New Mexico.......................................... 60,000
Enhancements to Route 6A Scenic Byway, Cape and Islands
Rural Roads Initiative, Massachusetts............... 800,000
Flagler County Scenic and Historic A1A, Florida......... 890,000
Idaho National Scenic Byways............................ 75,000
Kentucky Scenic Byways.................................. 1,000,000
Mason Creek Greenway, Virginia.......................... 1,000,000
New York State Scenic Byways Statewide project.......... 2,000,000
Pioneer Historic Byway Interpretive Site Development,
Idaho............................................... 100,000
Snoqualmie Point View Park, Washington.................. 600,000
US 78 Bamberg Scenic Highway Project, South Carolina.... 4,000,000
Welcome Center off SR 410, Washington................... 1,285,000
Woodward Avenue--Developing the Byway Story, Michigan... 440,000
Interstate Maintenance Discretionary
Within the funds available for the interstate maintenance
discretionary program, funds are to be available for the
following projects and activities:
Project Amount
Cawtawba Avenue Interchange (I-77) Improvement, North
Carolina............................................ $750,000
Central Sarasota Parkway Interchange at I-75, Sarasota,
Florida............................................. 500,000
City of Wheat Ridge, Colorado, I-70 and State Highway 58
Interchange Reconstruction, Colorado................ 800,000
Conceptual Development and Preliminary Design
improvements to the intersections of Interstate 59,
Mississippi......................................... 265,000
Coors/Interstate 40 Interchange Reconstruction, New
Mexico.............................................. 1,000,000
Ellensburg Interchange I-90, Milepost 108.31, Washington 1,500,000
Four interchanges at I-435 and I-35 in Johnson County,
Kansas.............................................. 1,000,000
I-12 Sound Barriers, Slidell, Louisiana................. 750,000
I-15 Reconstruction: 10800 South to 600 North, Utah..... 6,000,000
I-182, Queensgate to SR 240, Richland, Washington....... 2,000,000
I-20 Downing Pines Interchange, Louisiana............... 1,000,000
I-210 and Highway 14 Interchange, Lake Charles,
Louisiana........................................... 800,000
I-25, US 36, I-270 Interchange, Colorado................ 450,000
I-25/Tramway Interchange, Albuquerque, New Mexico....... 1,500,000
I-285 Noise Walls, Henderson Mill to Chamblee Tucker
Road, Georgia....................................... 500,000
I-285 Noise Walls, I-20 to Bouldercrest Road, Georgia... 480,000
I-295/Meadowville Interchange, Virginia................. 1,500,000
I-35 East/I-635 Interchange, Texas...................... 925,000
I-35/127th Street Overpass, Olathe, Kansas.............. 3,000,000
I-40 and I-55 ramps, Memphis, Tennessee................. 1,000,000
I-405 Corridor Improvements, Washington................. 2,000,000
I-44 Rogers Lane Interchange, Lawton, Oklahoma.......... 1,000,000
I-476 Reconstruction and Widening Project, Pennsylvania. 830,000
I-49 South, Louisiana................................... 3,000,000
I-5 Rush Road to Maytown Widening, Lewis County,
Washington.......................................... 2,000,000
I-5 Vancouver Interchange Improvements, Washington...... 1,000,000
I-5, Lynnwood City Center Exit, Washington.............. 1,000,000
I-5/Ortega Highway Interchange Construction, California. 800,000
I-676 Martin Luther King Boulevard, Camden County, New
Jersey.............................................. 1,000,000
I-69/SR 304 Paving, Mississippi......................... 5,925,000
I-695 Baltimore Beltway N/E Inner Loop, Maryland........ 750,000
I-70 Improvement Project: Frederick, Maryland........... 4,025,000
I-75/Aviation Blvd Atlanta, Georgia..................... 800,000
I-76, Fort Morgan, Colorado to Brush, Colorado.......... 200,000
I-77/Lauby Road Exit, Ohio.............................. 1,000,000
I-80 Truck Climbing Lane, Keystone to Robb Drive, Nevada 500,000
I-80/Iowa 945 Interchange, Polk County.................. 3,000,000
I-84, Glenns Ferry to King Hill, Idaho.................. 2,000,000
I-84/Route 2 East Hartford, Connecticut, operational
improvements (flyover access)....................... 750,000
I-85 Coweta County Noise Barriers, Georgia.............. 750,000
I-90, Spokane to Idaho State Line, Washington........... 2,000,000
I-96/Latson Road Interchange, Michigan.................. 750,000
IH35/SH45 Interchange at Round Rock, Texas.............. 200,000
Interstate 10 Cypress Avenue Overcrossing, California... 800,000
Interstate 295/Route 38 Interchange Improvements, New
Jersey.............................................. 750,000
Interstate 430/630, Interchange Modification, Arkansas.. 800,000
Interstate 44 and US 65 Interchange, Missouri........... 1,000,000
Interstate 80 (I-80) Colfax Narrows Project, Nevada..... 2,000,000
Interstate 80-Exits 298-299 Renovation Project,
Pennsylvania........................................ 750,000
Isleta Boulevard Improvement Project.................... 500,000
Kelly USA: New Luke Road, Texas......................... 200,000
Laval Road Interchange Upgrades at I-5, California...... 800,000
Louisville--Southern Indiana Ohio River Bridges Project,
Indiana............................................. 3,250,000
Madison I-565 Interchange at County Line Road, Alabama.. 1,000,000
Montgomery County, Ohio--Interstate 75, Ohio............ 2,000,000
New York State Thruway Authority, Westchester County,
Byram Bridge Rehabilitation......................... 800,000
Noise Walls on I-20 from Fulton Industrial Boulevard to
H. E. Holmes, Fulton County, Georgia................ 500,000
Northbound I-675 Sound Barrier, Ohio.................... 1,000,000
Ohio River Bridges, Kentucky............................ 6,550,000
Pavement and Bridge Rehabilitation on I-85, North
Carolina............................................ 800,000
Pennsylvania Turnpike--Interstate 95 Interchange Project 2,000,000
Phase II, I-44 Modification (Widen Eastbound I-44 Bridge
at Meramec River), Missouri......................... 200,000
Rancho Cucamonga I-15 and Base Line Road Interchange
Improvements, California............................ 800,000
Reconstruct Exit 60--I-90 in Rapid City, South Dakota... 5,100,000
Valley Mall Boulevard Interchange and South Union Gap
Interchange, Washington............................. 500,000
Valleydale Road at I-65, Alabama........................ 5,000,000
Waltham, Massachusetts I-95/Rt 20 Interchange........... 1,700,000
Widening Interstate 35 East between FM 2181 and Lake
Lewisville, Denton County, Texas.................... 200,000
Bureau of Transportation Statistics
The conferees provide $31,000,000 for the Bureau of
Transportation Statistics under the FHWA appropriation.
However, the conferees continue to be concerned about staffing
increases since 1993, the year BTS was established. Therefore,
the conference agreement limits BTS full time positions to 136.
Federal-Aid Highways
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides a liquidating cash
appropriation of $34,000,000,000 for the federal-aid highways
program as proposed by both the House and the Senate.
Federal-Aid Highways
MISCELLANEOUS HIGHWAY AND HIGHWAY SAFETY PROGRAMS
(HIGHWAY TRUST FUND)
The conference agreement provides contract authority from
the Highway Trust Fund (other than the Mass Transit Account)
for the Pennsylvania Avenue project in Washington, D.C., and
for Amber Alert grants. In addition, contract authority is
provided for the Federal Motor Carrier Safety Administration's
new entrant program, southern border enforcement activities,
northern border truck inspections, and commercial driver's
license program improvement grants; and the National Highway
Traffic Safety Administration's operations and research
program. This funding shall be subject to the Federal-aid
obligation limitation.
Federal-Aid Highways
(HIGHWAY TRUST FUND)
(RESCISSION)
The conference agreement includes a rescission of
$207,000,000 of funds in unobligated contract authority
balances from the five core highway programs--Surface
Transportation Program, Interstate Maintenance, National
Highway System, Congestion Mitigation/Air Quality Improvement
program, and the Bridge program.
Appalachian Development Highway System
The conference agreement provides $125,000,000 for the
Appalachian Development Highway System (ADHS), instead of
$150,000,000 as proposed by the Senate. The House did not
provide funding for this purpose. A total of $40,000,000 shall
be allocated in accordance with the ADHS most recent cost-to-
complete study and the remaining $75,000,000 shall be allocated
as follows: $20,000,000 for Kentucky Corridors; $3,000,000 for
Tennessee Corridor S; $2,000,000 for Corridor V, Mississippi;
$20,000,000 for West Virginia Corridor H; and $30,000,000 for
Alabama Corridor X.
General Provisions--Federal Highway Administration
The conference agreement includes a provision (Sec. 110)
that modifies the distribution of Federal-aid highway
obligation limitation proposed by the Senate.
The conference agreement includes a provision (Sec. 111),
as proposed by the House, that designates U.S. 78 from Memphis,
Tennessee, to Corridor X near Fulton, Mississippi, extending to
Birmingham, Alabama, as a High Priority Corridor and a future
interstate.
The conference agreement includes a provision (Sec. 112)
that modifies a House provision amending section 1692 of the
Transportation Equity Act of the 21st Century (TEA-21) to allow
changes to projects in New York, Louisiana, Michigan, Kentucky,
Illinois and South Carolina.
The conference agreement includes a provision (Sec. 113)
that allows funds received by the Bureau of Transportation
Statistics from the sale of data products to be credited to the
Federal-aid Highways account, as proposed by both the House and
Senate.
The conference agreement includes a provision (Sec. 114)
that amends TEA-21 to allow ITS funds already appropriated to
the state of Wisconsin to be used for the installation in the
areas of Wausau and Superior.
The conference agreement includes a provision (Sec. 115)
that provides additional amounts from within the Federal-aid
obligation limitation for the following surface transportation
projects:
Project Amount
10th Street South Phase II, St. Cloud, MN............... $200,000
135th Street Widening and US 69 Northbound Ramp, Kansas. 2,750,000
168th and State Streets Intersection improvements....... 200,000
3-Bridge Corridor Project, Skagit County, Washington.... 800,000
40th Street Corridor project, City of Tampa............. 750,000
40th Street Corridor project, City of Tampa............. 500,000
51-43 Connector Canton, Mississippi..................... 1,000,000
60/67 Interchange-Butler County, Missouri............... 3,000,000
7th Street Widening Project, Harrisburg, Pennsylvania... 500,000
95th Dan Ryan Transit Station........................... 1,000,000
Adrien's Landing, Hartford, Connecticut................. 5,000,000
Alaskan Way Viaduct & Seawall, Seattle, Washington...... 1,000,000
Albany Georgia Intermodal Facility...................... 1,000,000
Albuquerque, New Mexico-University Boulevard Extension.. 250,000
American Samoa Ferry Boat System........................ 300,000
Amesbury, Massachusetts bus facility upgrade............ 1,100,000
Anacostia Riverwalk and Trail Construction, District of
Columbia............................................ 400,000
Annie Glidden Road, DeKalb, Illinois.................... 500,000
Applied Sciences Building, Alabama...................... 30,000,000
Area Wide Traffic Signal Synchronization System, Phase
III................................................. 1,500,000
Arkwright Connector, South Carolina..................... 1,000,000
Arlington County Jefferson Davis Highway (Rt 1)
Improvements........................................ 500,000
Arlington County South Glebe Road improvements.......... 800,000
Aroostook County North-South Highways, Maine............ 3,550,000
Atlantic Avenue Extension, Jamaica, Queens, New York.... 1,250,000
Attleboro Intermodal Transportation Center, Attleboro,
Massachusetts....................................... 2,200,000
Augusta Rail Relocation Project, Georgia................ 2,000,000
Austin Metropolitan Area Bicycle Routes................. 400,000
Badger Creek Crossing, Fall River Lake, Greenwood
County, Kansas...................................... 100,000
Barlett Access Intersection Safety Improvements, Alaska. 500,000
Battlefield Parkway expansion from Kincaid Boulevard to
Route 7, Virginia................................... 6,000,000
Beacon Falls Depot Street Bridge, Connecticut........... 1,000,000
Beacon Falls-Seymour, Connector Roadway................. 750,000
Beale Street Landing/Docking Facility--City of Memphis,
Tennessee........................................... 1,000,000
Bear Creek Greenway, Oregon............................. 2,000,000
Beargrass Creek Bridges................................. 500,000
Beckley VA Medical Center Access Road, West Virginia.... 1,000,000
Bedford, New Hampshire Route 101 Corridor Safety
Improvement Project................................. 1,000,000
Belford Road, Holly, Michigan........................... 800,000
Bergen Intramodal Stations and park-n-ride Capital
Improvements, New Jersey............................ 2,250,000
Berkshire/Franklin Mohawk Trail Scenic Byway,
Massachusetts....................................... 1,000,000
Berlin G. Meyers Parkway Extension, South Carolina...... 1,000,000
BIA Route 27 Reconstruction, Pine Ridge Indian
Reservation, South Dakota........................... 3,000,000
Billings Bypass Development: Design and ROW, Montana.... 2,000,000
Birmingham Northern Beltline, Alabama................... 2,000,000
Bismark Fixed Route Bus System, Fargo/Moorhead Transit
Maintenance Facility, Valley City Garage, North
Dakota.............................................. 2,650,000
Blue Water Port Huron Intermodal Facility Project,
Michigan............................................ 2,000,000
BNSF Track Relocation Project, Everett, Washington...... 500,000
Bobby Jones Expressway (GA)/Palmetto Parkway (SC)
extension in South Carolina......................... 4,000,000
Boston Harbor Islands National Park Area Universal
Access, Massachusetts............................... 2,250,000
Boulder Ave Bridge project, Highland, California........ 1,000,000
Bowman Road and Johnnie Dodds Boulevard, Highway 17,
Mount Pleasant, South Carolina...................... 3,000,000
Bremerton Pedestrian/BTC Access Improvement project,
Washington.......................................... 2,500,000
Bridge Replacement Project, Mound Branch and Pawpaw
Creek Bridges on K-99 in Elk County, Kansas......... 1,000,000
Broken Arrow 101st street corridor from State Highway 51
to Town Center, Oklahoma............................ 250,000
Broken Bow rail spur, Oklahoma.......................... 750,000
Bronx HUB Streetscape Improvement & Pedestrianization... 1,000,000
Bronx River--Concrete Plant Link of the Bronx Greenway.. 700,000
Buffalo Outer Harbor Project, New York.................. 5,000,000
Business Route I-44 (Chestnut Expressway) and National
Avenue Intersection Improvement, Missouri........... 750,000
Butler County Industrial Infrastructure Development--
City of Greenville, Alabama......................... 750,000
Bypass Road in Nome, Alaska............................. 2,000,000
Byram-Clinton/Norrell Corridor, Mississippi............. 3,000,000
C Street Railroad bypass, Alaska........................ 2,000,000
Cactus Avenue, I-15 Interchange Project................. 200,000
California University of Pennsylvania Shuttle System
(CUPSS), Pennsylvania............................... 2,000,000
CalTrain Train Tracking Information System.............. 500,000
Capacity Enhancement of South Shore Commuter Rail
Service............................................. 3,000,000
Capacity expansion on I-35 in Olathe, Kansas, from 159th
St. to 175th St..................................... 1,000,000
Cape Fear River Planning Project, North Carolina........ 750,000
Capital Metro North Operating Facility.................. 1,000,000
Caraway Bridge Overpass, Arkansas....................... 1,000,000
Center City Project, Columbus, Ohio..................... 3,000,000
Central Florida Regional Transportation Authority: North
Orange/South Seminole ITS Enhanced Circulator....... 2,071,000
Central Kentucky Line Rail Service Preservation Project. 500,000
Central Susquehanna Valley Transportation U.S. 15,
Pennsylvania........................................ 2,000,000
Chattanooga (CARTA) ITS, Tennessee...................... 2,500,000
Chehalis, I-5 Exit 79 Interchange Bridge, Washington.... 3,000,000
Chenega Road System, Alaska............................. 850,000
Cheyenne Corridor Safety Improvement Project in
Pocatello, Idaho.................................... 1,500,000
Chocorua Village Transportation Improvement Project..... 500,000
Cities of Beverly and Salem Intermodal, MA.............. 1,100,000
City of Arvada, Colorado, Wadsworth Blvd/SH 121/
Grandview Grade Separation.......................... 500,000
City of Asheville Traffic Signal System Upgrades........ 2,000,000
City of Aurora, Colorado I-225 and Colfax Avenue
Interchange reconstruction.......................... 2,500,000
City of Austin East 7th Street.......................... 1,000,000
City of Bayfield, Highway 13 Emergency Culvert Repairs.. 640,000
City of Beloit, Gateway Boulevard Project, Wisconsin.... 500,000
City of Boston--Harbor Islands NRA Long Island Pier
Reconstruction, Massachusetts....................... 300,000
City of Charles Town--Gateway Revitalization Project,
West Virginia....................................... 350,000
City of Columbus, Ohio, Morse Road corridor improvement
program phase I..................................... 500,000
City of Covina Metrolink Pedestrian Bridge.............. 500,000
City of Crowley's Historic Parkerson Avenue
Redevelopment project, Louisiana.................... 1,000,000
City of Elkhart Hively Avenue underpass, Indiana........ 100,000
City of Fort Worth Corridor Redevelopment Program....... 2,000,000
City of Gardena Street and Highway Improvements......... 500,000
City of Kennesaw, Georgia: Pedestrian Underpass......... 1,500,000
City of Lakewood, Colorado, US 6 and SH 121 Interchange
Reconstruction...................................... 500,000
City of Las Vegas Pedestrian Connections................ 500,000
City of Lufkin--Intermodal Transit Terminal/Parking
Facility............................................ 1,000,000
City of Madison State Street Revitalization............. 750,000
City of Madison, Wisconsin East Washington Avenue
Reconstruction...................................... 2,000,000
City of Orangeburg Railroad Relocation Project.......... 2,000,000
City of Oxford, Mississippi bike path................... 800,000
City of Revere, Massachusetts Intermodal Transit
Improvements........................................ 2,200,000
City of St. Petersburg, Florida, bike path.............. 500,000
City of Waco Bus Facility Project....................... 1,500,000
City of Westbrook, Maine, Improvements to Route 25,
Wayside Drive and William Clark Drive............... 1,000,000
City of Wewoka, Oklahoma................................ 250,000
Cleveland Avenue, Lake Township, Ohio................... 1,000,000
Collins Road (Iowa Highway 100) and 1st Avenue (Business
Highway 151) in Cedar Rapids, Iowa.................. 750,000
Colonial National Historic Park, Jamestown 400th
Anniversary Transportation Improvements, Virginia... 7,000,000
Coltsville Corridor Redevelopment Project, Connecticut.. 1,000,000
Commerce City, Colorado, East 104th Avenue and US 85
Intersection Improvements........................... 500,000
Commodore Barry Bridge ramps to Chester, Pennsylvania... 1,000,000
Construction of rail overpass in Claremore, Oklahoma.... 500,000
Construction of the Bishopville Bypass in Lee County,
South Carolina...................................... 500,000
Construction of US 17 and Bowman Road Interchange in
Town of Mount Pleasant, South Carolina.............. 250,000
Convocation Center Roadway.............................. 2,000,000
Copperas Cove Reliever Route, Texas..................... 1,000,000
Corporal Roger Sneeden Drive Overpass, Boone, Iowa...... 40,000
County State Aid Highway 21 Project, Minnesota.......... 750,000
CR 578 Widening from Mariner Boulevard to Suncoast
Parkway, Florida.................................... 1,250,000
Craig Road Improvements, Alaska......................... 1,000,000
Crocker/Stearns, widening and construction, North
Olmstead, Ohio...................................... 800,000
CSAH 42: Segment 8 Implementation Plan Project.......... 250,000
Cumberland Head Connector Road, Clinton, New York....... 1,000,000
Cyberport, Arizona...................................... 2,750,000
Dagget Road, Port of Stockton, California............... 100,000
Decatur Beltline Expansion, Decatur, Alabama............ 2,000,000
Delaware Avenue Streetscape Program in the Village of
Kenmore, NY......................................... 600,000
Delaware Commuter Rail Improvement Project.............. 1,500,000
Delaware River Port Authority--Ben Franklin Bridge,
Pennsylvania........................................ 5,000,000
Deming, New Mexico I-10 Frontage Road Extension......... 1,800,000
Derita Road Improvements Project, Concord, North
Carolina............................................ 1,250,000
Des Moines Riverwalk, Des Moines, Iowa.................. 1,000,000
Detroit Center City Loop................................ 750,000
Donlin Creek Road, Alaska............................... 10,000,000
Double Eagle II Airport (Paseo del Volcan) Interchange
and Roadway Rehabilitation, New Mexico.............. 2,000,000
Downtown Butler Cityscape Project....................... 150,000
Downtown Rail Trolley, Corpus Christi, Texas............ 500,000
Dynamic Changeable Message Signs--Urban Interstate
System, Iowa........................................ 1,000,000
East Bay Incident & Emergency Management System......... 200,000
East Central Bus Coalition Bus Procurement, Florida..... 3,000,000
East Flagstaff Traffic Interchange, Arizona............. 1,000,000
Eufaula Broad Street Restoration Project, Alabama....... 500,000
Exit 18 Connector Road, Warren County, New York......... 300,000
Extend 4-Lane Highway from Maverick Junction to Nebraska
in Fall River County, South Dakota.................. 250,000
Fairfield/Vacaville Intermodal Transit Station.......... 800,000
Fairmont Gateway Connector System....................... 5,600,000
Fairmont Pedestrian Bridge.............................. 200,000
Fall River Drainage Bridge Replacement, Harper County,
Kansas.............................................. 1,500,000
False Pass, Alaska causeway and road to the terminus of
the south arm breakwater project.................... 3,000,000
Farish Street Historic District Improvements,
Mississippi......................................... 500,000
FAST Corridor, Washington............................... 3,000,000
Fayette Downtown Revitalization, Alabama................ 700,000
Feasibility Study and Work Plan for International Trade
Processing Center, Wichita, Kansas.................. 1,000,000
Feasibility study for Routes 495/195 Interchange,
Wareham, Massachusetts.............................. 500,000
Fairbanks Transit bus replacement, Alaska............... 3,000,000
Fishers Island Ferry District New London Terminal
Expansion and Upgrade, Connecticut.................. 750,000
Five laning of Kickapoo, Shawnee Oklahoma............... 1,200,000
Five Points Improvement Project, Huntsville, Alabama.... 500,000
Fleming County maintenance garage....................... 275,000
Florida Beach Walk Initative, Clearwater, FL............ 500,000
Florida High Speed Rail Corridor Project................ 4,000,000
FM 66 Ellis County from IH-35 in Waxahachie to FM 157 at
Maypearl, Texas..................................... 750,000
Forest Park/Atlanta State Farmers Market Transportation
Study, Georgia...................................... 400,000
Forsyth Downtown Streetscape Project, Georgia........... 750,000
Fort Worth Urban Villages and Commercial Corridors...... 500,000
Franklin County Connecticut River Scenic Byway, MA...... 1,000,000
Frazer Township Interchange, Pennsylvania............... 500,000
Frederick Douglass Bridge, Washington, DC............... 7,000,000
Freight Rail Transportation Corridor and Urban Mobility
Program, Harris County, Texas....................... 1,000,000
Frontage Road, I-20 Vicksburg, Mississippi.............. 2,500,000
Gallagher Intermodal Transportation Center Project...... 1,800,000
Galveston Railroad Bridge Replacement, Texas............ 500,000
Gateways for Maine's National Scenic Byways............. 1,000,000
Genesee & Wyoming, South Buffalo, New York, track
rehabilitation...................................... 500,000
Georgia Veterans Memorial Park, Rockdale County, Georgia 500,000
Gill-Montague Bridge, Massachusetts..................... 5,000,000
Gilmerton Bridge, Virginia.............................. 4,000,000
Girdwood Project, Alaska................................ 1,000,000
Glacier National Park Going to the Sun Road, Montana.... 8,000,000
Glenwood Avenue Overpass, Ohio.......................... 1,000,000
Grade Separation Interchange at Burlington Avenue and
the new Hoosier Hartland Highway in Logansport,
Indiana............................................. 1,000,000
Grand Avenue Railroad relocation, Illinois.............. 500,000
Grand Canyon Greenway Project, Arizona.................. 250,000
Grandview Triangle Improvements, Missouri............... 1,000,000
Granite Street and Bridge Widening Project, New
Hampshire........................................... 7,000,000
Great Miami River Recreational Trail, Miami and Warren
Counties, Ohio...................................... 342,500
Great River Road in Mercer County, Illinois............. 250,000
Greenville, Mississippi, I-69 Connector EIS, Route
Location, Feasibility Study......................... 1,000,000
Greenwood Railroad Relocation, Mississippi.............. 1,500,000
Haleyville Bypass, Alabama.............................. 6,500,000
Hamilton County Riverway, Indiana....................... 500,000
Harlem River Promenade, New York........................ 500,000
Harlingen: Railroad Relocation.......................... 800,000
Harrisburg Transportation Center........................ 1,200,000
HART Bus Facility--Ybor Station Intermodal Facility..... 500,000
Hartford New Britian Busway, Connecticut................ 6,000,000
Henry Drive Bridge #801--Fort Riley, Kansas............. 5,000,000
Highway 19 Expansion, Mississippi....................... 2,000,000
Highway 22 Improvements Edwards-Canton.................. 2,000,000
Highway 226: Highway 67 to Highway 63 Jonesboro,
Arkansas............................................ 1,500,000
Highway 29/Highway 51 Wausau, Wisconsin................. 4,000,000
Highway 412: Baxter County Line to Eastern Sharp County
Line, Arkansas...................................... 1,000,000
Highway 60 and Highway 65 Interchange Replacement....... 1,250,000
Highway 74 Monroe Bypass................................ 2,600,000
Highway 92 study in Warren County, Iowa................. 460,000
Hillsborough County I-4 Crosstown Connector, Florida.... 2,000,000
Historic Street Improvements, New Bedford, Massachusetts 300,000
Hobson Intermodal facility in Middleport, Ohio.......... 200,000
Hollywood Drive Expansion Project--City of Jackson,
Tennessee........................................... 600,000
Holyoke Canalwalk, Massachusetts........................ 1,200,000
Holyoke Multimodal Transportation Center, MA............ 2,000,000
Hoover Dam Bypass-Boulder Extension (US 93/US 95, Wagon
Wheel Pass), Nevada................................. 6,000,000
Hopkins County, Texas Intermodal Center................. 750,000
Houston Greater Partnership Quality of Life Initiative,
Texas............................................... 500,000
Houston, Texas Main Street Corridor Revitalization
Project............................................. 500,000
Houston-Galveston Regional Congestion Study, Texas...... 750,000
Hudson Crossing, Bi-County Education Park............... 250,000
Huntsville federal building, Alabama.................... 3,600,000
Hydaburg Road Improvements, Alaska...................... 2,000,000
I-20 widening in Caddo (Texas line, Shreveport)......... 500,000
I-15 North, Davis County, Utah.......................... 2,000,000
I-15, Utah/Salt Lake County Line to SR-92............... 2,300,000
I-195 Relocation, Rhode Island.......................... 2,000,000
I-20 Widening and Safety Improvements, Alabama.......... 3,500,000
I-205, Oregon........................................... 1,000,000
I-215 and Barton Road Interchange, Grand Terrace,
California.......................................... 500,000
I-270 at Dorsett & I-70 interchange improvements,
Missouri............................................ 5,000,000
I-275 to AA Highway Connector, Kentucky................. 1,500,000
I-40 Crosstown Expressway............................... 27,000,000
I-44 exit ramp in Luther area, Oklahoma................. 2,000,000
I-44 widening and construction Arkansas River east to
Yale Avenue in Tulsa, Oklahoma...................... 6,000,000
I-49 North, Louisiana................................... 3,000,000
I-5 Second Street Bridge, Mount Vernon, Washington...... 3,000,000
I-5 Transportation and Trade partnership project,
Southwest Washington................................ 3,000,000
I-5, 116th Street NE Interchange Improvements,
Snohomish, Washington............................... 2,000,000
I-540 and Perry Road Interchange, Rogers, Arkansas...... 3,000,000
I-55, Church Road to Tennessee State Line, DeSoto
County, Mississippi................................. 2,000,000
I-64 and Pocahontas Parkway Connector................... 1,200,000
I-65 Cloverland Bridges, Montgomery, AL................. 1,000,000
I-65 Industrial Park Access Improvements, Atmore,
Alabama............................................. 500,000
I-66 Pike County, KY.................................... 2,000,000
I-66 Somerset to London, KY............................. 2,000,000
I-66/Route 29 Gainsville Interchange, Virginia.......... 1,750,000
I-69 Connector, Arkansas................................ 750,000
I-69, Louisiana......................................... 2,000,000
I-69, Texas............................................. 7,400,000
I-73, South Carolina.................................... 2,250,000
I-75 in Rockcastle County, Kentucky (Milepoint 64.5 to
Milepoint 69.0), 4.5 Miles.......................... 1,500,000
I-75, Enterprise South Connector Road, Chattanooga,
Tennessee........................................... 1,000,000
I-75, Whitley County, Kentucky erosion mitigation....... 500,000
I-79/Parkway West Missing Ramps and Widening Project,
Pennsylvania........................................ 1,000,000
I-80 Bridges Cedar River Bridges, Iowa.................. 3,000,000
1-80 Waukee/West Des Moines Interchange................. 3,000,000
I-81 Corridor and I-690 Interchange Improvement Project
in Syracuse, New York............................... 2,000,000
1-87 exit 11A new interchange, New York................. 2,000,000
I-880/Coleman Avenue Interchange Reconstruction......... 1,000,000
I-95 at CR 23, Georgia.................................. 750,000
I-95/SR1 Interchange Turnpike Improvements, Delaware.... 1,000,000
I-96 at Beck Rd. and Wixom Rd. interchange
reconstruction, Michigan............................ 2,500,000
IH 30 from FM 989 (Kings Highway) to US 59/171
(Stateline Avenue) in Texarkana, Texas.............. 2,500,000
IH-30 Interchange Improvement Project, Texas............ 2,000,000
IH-35 Texas............................................. 6,000,000
Illinois Route 38 at Union Pacific Railroad Grade
Separation.......................................... 250,000
Improve access to the Pennsylvania Correctional
Institute near Brownsville, Pennsylvania............ 3,000,000
Improvements to I-70/Route 63 Interchange--Columbia,
Missouri............................................ 1,000,000
Improvements to I-75 in Lee County, Florida............. 1,500,000
Indianapolis Stadium Drive District, Indiana............ 2,000,000
Industrial Park Access Road Winfield, Alabama........... 500,000
Industrial Road Improvements, Seminole, Oklahoma........ 500,000
Intermodal Transload Facility, Quincy, Washington....... 2,000,000
Intermodal Transportation for Corridor from Atlanta to
Chattanooga, Tennessee.............................. 2,000,000
Interstate 10/Tippecanoe Interchange, California........ 3,000,000
Interstate 15 Managed Lanes, California................. 1,000,000
Interstate 5-Sorrento Valley Road and Genesee Avenue
Interchange Project................................. 1,500,000
Interstate 80, Northwest 27th St. to West of 1-180,
Nebraska............................................ 1,500,000
Interstate 90 joint port-of-entry near Sheridan......... 1,000,000
Interstate 94/43/794 (Marquette Interchange), Milwaukee,
Wisconsin........................................... 6,000,000
Interstate-75 Interchange at Pines Boulevard (SR 820)... 1,000,000
InterTech Science Park Transportation-Improvements
Initiative.......................................... 500,000
Iowa City Near North Side Transportation Center, Iowa... 2,100,000
Island Transit Operations and Maintenance Facility...... 1,800,000
ITS--City of East Peoria................................ 200,000
ITS--174 in Peoria, IL.................................. 750,000
Jacksonville Water Taxi Stations, Florida............... 750,000
Jefferson Road Connector (Kanawha County, West Virginia) 1,000,000
Jimmy Carter Blvd pedestrian safety, Gwinnett County,
Georgia............................................. 400,000
Johnsonburg By-pass..................................... 300,000
Johnsontown Road, Kentucky.............................. 1,000,000
Jonesboro Transportation and Drainage Planning, Arkansas 1,000,000
Kaskaskia Regional Port District, access roads.......... 220,000
Kenai Fjords National Park Resurrection Bay Trail and
Parking Improvements, Seward, Alaska................ 2,300,000
Kennedy Center Potomac River Pedestrian and Bike Path... 5,000,000
Kentucky TriModal Transpark............................. 5,250,000
Keystone Drive and Related Improvements, Alaska......... 1,500,000
King County Metro park and Ride of First Hill, Seattle,
Washington.......................................... 3,626,000
King County, South Park Bridge, Washington.............. 2,000,000
Knik Arm Bridge Causeway, Alaska........................ 6,000,000
KY 115 and KY 911 Interchange, Kentucky................. 1,500,000
L.L. Tisdale Parkway/Increase Loop, Oklahoma............ 250,000
LA 1148 to US 77 Alternate Access Improvement Project,
Iberville Parish, LA................................ 500,000
LA 143-US 165 Connector & Ouachita River Bridge,
Louisiana........................................... 1,250,000
LA Highway 28, Louisiana................................ 2,000,000
La Mesa-Nisqualli Road/I-15 Interchange Project......... 250,000
Lafayette Street Extension/Pennsylvania Turnpike
Electronic Toll Interchange......................... 750,000
Lake County, Tennessee, State Route 21, from Log Mile
7.0, to Obion County Line........................... 1,000,000
Lake Martin Regional Industrial Park Access Rd.,
Kellyton, Alabama................................... 500,000
Lake Stanley Draper Road Improvements, Oklahoma......... 300,000
Lane Transit District Bus Facilities.................... 750,000
Laredo Signal Integration Project....................... 1,750,000
Lawrence Gateway Quadrant Area Reuse Plan, Lawrence,
Massachusetts....................................... 500,000
Lawrence, Kansas, Transit System maintenance facility... 400,000
Lechmere Station Relocation and Intermodal Expansion,
Boston, Massachusetts............................... 1,000,000
Lewis & Clark 511 Coalition, Montana.................... 1,000,000
Lewis and Clark Expressway, Jackson County, Missouri.... 1,000,000
Lewis and Clark Historic Park at Kaw Point, Wyandotte
County, Kansas...................................... 425,000
Lexington Bridge Project, Cowlitz County, Washington.... 1,500,000
Lincoln Boulevard Improvement Project, California....... 1,000,000
Lincoln bypass-SR65/Ferrari Interchange Construction,
California.......................................... 2,000,000
Logan Square Access and Safety Improvements,
Philadelphia, Pennsylvania.......................... 800,000
Lombardy Street Renovation between Route 1 and Admiral
Street (Richmond, VA)............................... 750,000
Lone Tree Way Undercrossing of Union Pacific Railroad,
Brentwood, CA....................................... 250,000
Long Meadow Parkway Fox River Bridge Crossing, Bolz
Road, Illinois...................................... 3,000,000
Loop 304 Expansion and Improvement, Crockett, Texas..... 1,000,000
Los Angeles City College Red Line Pedestrian Connector.. 800,000
Lucille Street and Mack Drive Improvements, Wasill,
Alaska.............................................. 1,000,000
Ludlum Trail, Miami-Dade County, Florida................ 500,000
Lyndale Avenue Bridge, Minnesota........................ 3,000,000
M&B Railroad Bridge 46.3 Repair, Alabama................ 1,000,000
Mahoning and Trumbell Counties--State Route 46, Ohio.... 2,500,000
Manhan Rail Trail Coleman Road Extension and Mitigation
Project............................................. 750,000
Manhattan-West Gallatin River Trail, Montana............ 300,000
Marine Maintenance Facility Phase I, Manns Harbor, North
Carolina............................................ 1,000,000
Marinette County, Wisconsin 1,250,000................... 500,000
Market Street Bridge, Pennsylvania...................... 250,000
Market Street, South Burlington, Vermont................ 1,000,000
Martin Luther King, Jr. Pkwy in Des Moines, IA.......... 2,000,000
Matanuska-Susitna Roads Improvement, Alaska............. 3,000,000
McCaslin Boulevard/U.S. 36 Interchange Construction,
Colorado............................................ 3,000,000
MD 4 Suitland Parkway Interchange....................... 4,000,000
MD 404, Phase II, Maryland.............................. 1,000,000
MD 70 Bridge over Weems Creek, Maryland................. 300,000
Meridian Bridge Replacement, Yankton, South Dakota...... 2,000,000
Mesa del Sol, Albuquerque, New Mexico................... 1,500,000
Milwaukee Avenue Rehabilitation, Illinois............... 200,000
Miniature Transportation Safety Training Village in the
Town of Brookhaven, New York........................ 1,000,000
Monterey Bay Sanctuary Scenic Trail..................... 400,000
Montgomery County ITS Phase II.......................... 1,000,000
Montgomery County/U.S. 35 Widening, Ohio................ 1,500,000
Montgomery Outer Loop, Alabama.......................... 2,000,000
Monticello/White County 6th Street West Shafer Drive.... 800,000
Moorefield, West Virginia Streetscape................... 200,000
Morgantown Intermodal Facilities........................ 2,250,000
Morse Road Improvements, Phase I, Indianola Avenue to
Karl Road, Ohio..................................... 1,000,000
Mukilteo Multimodal Terminal, Washington................ 2,000,000
Municipal Transit Operators Coalition, California....... 1,000,000
Mystic Seaport's Riverfront Access Project.............. 100,000
Nashville, Tennessee, East Corridor Commuter Rail
project............................................. 1,000,000
Navajo Route 16......................................... 200,000
NE 10th Overlake Hospital Transportation Efficiency and
Development Study, Washington....................... 1,000,000
NE 23rd Street between Lincoln and I-35, Oklahoma City.. 500,000
NEHLA Connector Road and Infrastructure Update.......... 500,000
Neuse River Greenways Construction, Raleigh, NC......... 500,000
New Jersey Route 31 Highway/Congestion Mitigation Study. 150,000
New Jersey Route 57/CR Route 519 Intersection
Improvements........................................ 1,300,000
NH DOT--Londonderry South Road Advance, Mitigation/
Wetland Creation.................................... 500,000
Niagara Falls International Rail Station & Intermodal
Transportation Center, New York..................... 2,500,000
Noise Barriers, Columbia County, Georgia................ 200,000
Nonconnnah Road, Tennessee.............................. 2,000,000
Norfolk, Virginia light rail transit.................... 1,000,000
North Delaware River East Coast Greenway Trail Project,
Pennsylvania........................................ 750,000
North Las Vegas Intermodal Transit Hub.................. 1,000,000
North Pole Roads Lighting, Alaska....................... 950,000
North Sinatra Avenue Drive, Hoboken, New Jersey......... 500,000
North Slope Borough Road Improvements, Alaska........... 3,000,000
North South Connector Highway, between SR119 and SR 30
in Chatham and Effingham Counties................... 250,000
Northern Bypass of Somerset, Kentucky in Pulaski County. 3,000,000
Northern Corridor, St. George, Utah..................... 1,000,000
NW Quadrant Project in the City of St. Anthony,
Minnesota........................................... 750,000
Ohio and Erie Canal towpath trail, Ohio................. 1,000,000
Oklahoma County I-40 ITS................................ 3,000,000
Oneonta, Alabama Downtown Revitalization................ 500,000
Orchard Lane and Factory Road, Greene County, Ohio...... 1,000,000
Osceloa, Wisconsin installation of culverts under Hwy.
35 and repair of eroded highway beds................ 400,000
Otay Mesa/State Route 905, California................... 3,000,000
Park Drive Street Reconstruction........................ 500,000
Park Lane Road Improvements, Altus, Oklahoma............ 2,800,000
Paseo de Volcan, Rio Rancho, New Mexico................. 4,000,000
Paulsboro Brownfield Development Overpass to I-295
project, New Jersey................................. 1,000,000
PCDC Bus-stop Related Facility Enhancements............. 750,000
Pedestrian Walkway over US Highway 601 at South Carolina
State University and Claflin University............. 400,000
Pedestrian/Bicycle Linkage & Scenic Overlook
Restoration, Grant, Alabama......................... 25,000
Pembroke Road Overpass at I-75, Florida................. 1,000,000
Pembroke Road Overpass Bridge at Interstate-75.......... 1,000,000
Pennsylvania Mon Fayette Expressway and Southern Beltway
Project, Pennsylvania............................... 2,000,000
Pennsylvania State Route 30/981 upgrade................. 500,000
Pennsylvania Turnpike Commission--High Priority Corridor
#31................................................. 5,000,000
Phalen Boulevard, Minnesota............................. 2,000,000
Phase 2 South Palm Canyon Realignment and Ancillary
Access Improvements, California..................... 1,000,000
Phase II, Minnesota Valley Regional Rail Authority...... 2,000,000
Pineda Causeway Interchange at I-95, Florida............ 1,100,000
Pinellas County, Florida Roosevelt Connector Project.... 7,000,000
Pioneer Valley Transit Authority (PVTA) ITS, MA......... 3,000,000
Pittsburg, Kansas Port Authority for the Kansas &
Oklahoma Railroad................................... 2,000,000
Planning, location, environmental work and PE for four
lane US highway 20 Corridor through Woodbury, Ida
and Sac Counties, Iowa.............................. 1,550,000
Plough Boulevard Interchange (at Winchester Road)--
Memphis, Tennessee.................................. 2,000,000
Pogue Airport Access Road, Oklahoma..................... 2,000,000
Pookela Road, Hawaii.................................... 4,000,000
Popps Ferry Road Bridge, Mississippi.................... 2,000,000
Port of Albany Security Improvements, New York.......... 500,000
Port of Anchorage Intermodal Facility, Alaska........... 1,500,000
Port of Ketchikan Ferry Facility, Alaska................ 1,000,000
Port of Pasco, Ainsworth Avenue Realignment--Sacagawea
Heritage, Washington................................ 3,000,000
Port of Rochester Transportation Security/Intelligent
Transportation, (ITS) Project....................... 1,250,000
Puerto Rico Port Authority Ferry Program................ 500,000
Queens Plaza Roadway rebuilding project, Long Island
City, New York...................................... 750,000
Rahway River Corridor Greenway Bicycle and pedestrian
Path................................................ 270,000
Reconstruct Allen Road, Bennett County, South Dakota.... 2,000,000
Reconstruction of Cowan Road from 23rd Street to the
Muncie By-Pass, Indiana............................. 2,000,000
Redesign of Highway 527 Spur connecting US59 to downtown
Houston, Texas...................................... 1,000,000
Reflective Crack Relief Interlayer, US 59, Texas........ 3,000,000
Regional Expansion of City CarShare pilot program....... 500,000
Regional Traveler Information Center at the University
of Massachusetts, Amherst........................... 400,000
Removal of the Old Jamestown Bridge in Rhode Island..... 5,000,000
Reno Public Plaza--Rail Access Corridor Enhancement
(ReTRAC)............................................ 500,000
Reno-Stead Railroad Spur, Nevada........................ 1,000,000
Replace Meridan Bridge at Yankton, South Dakota......... 1,000,000
Replacement of Bridges between cities of Ben and
Ontario, Oregon..................................... 250,000
Right of way Project on IH 35, from FM 2063 in Hewitt to
South Loop 340/ State Hwy 6 Interchange, Texas...... 1,000,000
RIPTA ITS Program Phase II, Rhode Island................ 1,500,000
Riverfront Redevelopment and Park Area, City of North
Augusta, South Carolina............................. 2,000,000
Riverwalk, Montgomery, Alabama.......................... 1,000,000
Road at Fish Trap Lake, Pike County, Kentucky........... 500,000
Rock Creek Bridge Replacement, Harper County, Kansas.... 1,600,000
Rock Island County, Illinois Milan Beltway Construction. 500,000
Rockland County and City of Yonkers, New York Ferry
Service............................................. 1,250,000
Rosemead Boulevard/Highway 19 Rehabilitation North to
South City limits, Pico Rivera, California.......... 300,000
Route 1&9 and St Pauls Avenue Bridge, Hudson County, New
Jersey.............................................. 2,000,000
Route 11, Connecticut................................... 3,000,000
Route 116 Ashfield, Conway, Massachusetts............... 2,500,000
Route 12 Corridor, New York............................. 3,000,000
Route 130 Renaissance Boulevard to Adams Lane
Intersection Improvements, Middlesex County, New
Jersey.............................................. 800,000
Route 15/186 Interchange Phase II, New York............. 2,500,000
Route 17 Congestion Improvements from Route 3 to Linwood
Avenue, Bergen County, New Jersey................... 1,000,000
Route 17 Improvements from Route 3 to Linwood Avenue,
Bergen Co, New Jersey............................... 1,000,000
Route 17 Safety Improvements from Route 50 to I-66,
Virginia............................................ 200,000
Route 17/Essex St. Bridge Replacement, Bergen County,
New Jersey.......................................... 2,500,000
Route 2 Safety Improvements, Athol, Philipston, Orange,
Massachusetts....................................... 2,500,000
Route 29 Scenic Byway, Hunterdon County, NJ............. 300,000
Route 50 traffic calming in Loudoun and Fauquier
Counties, Virginia.................................. 1,000,000
Route 501 Corridor Coalition............................ 100,000
Route 66, Village of Chatham, New York.................. 1,500,000
Route 7 between Leesburg and Tysons Corner, Virginia ITS 500,000
Route 8, Berkshire County, Massachusetts................ 1,250,000
Route 9W Alpine/Tenafly, Bergen County, New Jersey...... 750,000
Routes 23 and 94--Linwood Avenue to Wallkill Avenue
Intersection, Sussex Co., NJ........................ 500,000
Ruffner Mountain Nature Preserve, Alabama............... 700,000
Rural Highway Information System, KY.................... 2,000,000
Rural Road Safety enhancement program, Monterey, County,
California.......................................... 500,000
S-323 Alzada-Ekalaka, Montana........................... 3,500,000
Saddle Road Improvement, Hawaii......................... 4,000,000
Safford, 8th Avenue Bridge, Arizona..................... 1,000,000
Saginaw Transit Multimodal Downtown Transit Facility,
Michigan............................................ 1,000,000
Sakonnet River Bridge Replacement, Rhode Island......... 1,500,000
Salem Area Transit-South Salem Transit Center........... 750,000
Salem Bridge, Oregon, environmental impact study........ 400,000
San Francisco Muni Third Street Project................. 2,500,000
San Francisco Muni Transportation Communications System. 1,500,000
San Juan Boulevard, Bellingham, Washington.............. 1,225,000
San Luis II Access Road, Arizona........................ 1,050,000
Santa Clarita Cross Valley Connector, California........ 3,000,000
Santa Monica College 11th Street Parking Structure...... 1,000,000
Saratoga County--Copeland Covered Bridge................ 38,000
Satsop Road Access Improvements, Grays Harbor,
Washington.......................................... 375,000
Sauk Trail Reconstruction Improvements, Park Forest,
Illinois............................................ 330,000
Sauk Village Industrial Park Access Road................ 600,000
Savannah Water Ferry Project, Georgia................... 1,000,000
Scott City Missouri Access Ramp......................... 250,000
Seattle 5th Avenue NE Transpiration System and
Streetscape improvements............................ 300,000
Seattle, Elliot Avenue & BNSF Crossing Path
Improvements, Washington............................ 1,000,000
Seldovia-Homer-Jakolof Bay Halibut Cove Ferry Planning
and design, Alaska.................................. 2,000,000
Seward Road Improvements, Alaska........................ 2,000,000
SH288 Grade Separation at County Road 51, Brazoria
County, Texas....................................... 1,000,000
Sheridan Road, Evanston, Illinois....................... 800,000
Ship Creek Improvements, Alaska......................... 1,000,000
Sierra College Boulevard/I-80 Interchange, California... 1,000,000
Sitka Road Improvements, Alaska......................... 1,500,000
Somerset SW Bypass US 27 South to Nunn Parkway West of
Somerset, Kentucky.................................. 1,500,000
South La Brea Avenue and Imperial Highway Realignment
Project............................................. 500,000
South Lake Union Circulation System, Seattle, Washington 3,000,000
South Nissan Interchange, Mississippi................... 4,000,000
South Orient economic rehabilitation project, Texas..... 4,000,000
South Orient Railroad rehabilitation.................... 1,500,000
South Perry Street Bridge............................... 300,000
Southern Beltway (I-215) Widening and Interchange
Project, Nevada..................................... 5,000,000
Southworth Terminal Redevelopment/Vashon Terminal
Preservation, Washington............................ 500,000
Spokane, University District Transportation Safety
Enhancement Project, Washington..................... 1,000,000
Springfield Greenway Extension, Tennessee............... 100,000
SR 1/US 27 widening, Heard County, Georgia.............. 2,500,000
SR 196 Widening, Liberty County, Georgia................ 1,000,000
SR 31, All Weather Roadway Construction and Widening,
Pend Oreille County, Washington..................... 1,600,000
SR 509/SR518 Interchange/Intersection Redevelopment
(Burien), Washington................................ 2,000,000
SR 79/West Bay Bridge Improvements, Panama City, Florida 3,000,000
SR 79/West Bay Bridge Improvements, Panama City, Florida 1,000,000
SR 874 ITS Integration Project.......................... 1,000,000
SR-56/I-5 Northbound Widening, California............... 1,000,000
St. Charles, Illinois, Fox River Crossing at Red Gate
Corridor............................................ 2,000,000
St. George Transit O&M Facility......................... 500,000
St. George's ferry and ferry facilities, New York....... 1,000,000
St. Leo Univerisity Transportation Safety & Community
Access Project...................................... 2,500,000
St. Mary's Road Paving Project.......................... 100,000
State Highway 133 Widening, Colquitt County, Georgia.... 1,250,000
State Highway 29 (Interstate 94--Chippewa Falls,
Wisconsin).......................................... 2,000,000
State Highway 332 at Brazos River, Brazoria County,
Texas............................................... 6,000,000
State Street Corridor Improvement Plan.................. 1,000,000
Stourbridge Rail Excursion Line, Pennsylvania........... 83,000
Streetscape/Roadway Improvements to the Chester City
(PA) Waterfront..................................... 350,000
Suffolk Bike Trails, Virginia........................... 150,000
SUNY Tockland University Center--Shuttle Service........ 280,000
Susquehanna Road/Limekin Road/Norfork Southern Bridge
project, Pennsylvania............................... 1,000,000
Swift Rail Siding Project, Blaine, Washington........... 3,000,000
TARTA/Toledo Bus Fueling Facilities Improvements........ 1,500,000
Taylor Dock Project, Bellingham, Washington............. 677,000
Teaneck, New Jersey Pedestrian Overpass................. 500,000
Tennessee State Route 28/US 127......................... 1,000,000
Thackerville, Oklahoma I-35 Interchange................. 1,000,000
The City of Lithonia Streetscape Project................ 400,000
The French Creek Parkway, Pennsylvania.................. 200,000
The Montachusett Area Regional Transit (MART) Regional
Transit Facility.................................... 2,000,000
The Sunrise Corridor, Oregon............................ 500,000
The US Highway 17-92 Widening Project, from Poinciana
Boulevard to Ham Brown Road......................... 500,000
Thomas Cole National Historic Site, New York............ 50,000
Toledo Downtown Waterfront Redevelopment................ 750,000
Topeka Boulevard Bridge, Kansas......................... 8,500,000
Towboat Display and Classroom Project, Oklahoma......... 250,000
Town Center/Old Town Enhancement Project for the City of
Yorba Linda, California............................. 3,100,000
Town of Dublin, New Hampshire Traffic Calming Project... 300,000
Traffic Calming for the City of Riviera Beach, Florida.. 500,000
Trans-Hudson Midtown Corridor Project, New Jersey....... 3,500,000
Transportation Improvement Project, Desert Hot Springs,
California.......................................... 1,925,000
Treasure Island Bridge.................................. 6,000,000
Trevillian Way, Kentucky................................ 400,000
Tri-County Automated System Project, University of
Southern Mississippi................................ 1,000,000
Truck Inspection pull-off on Route 9 in Loudoun County,
Virginia............................................ 100,000
Trunk Highway 610/10, Minnesota......................... 3,750,000
Tupelo Rail Relocation.................................. 500,000
Turquoise Trail Project (BIA Route 4), Arizona.......... 1,250,000
Tuscaloosa Downtown Revitalization Project, Alabama..... 5,000,000
U.S Highway 52, County State Aid Highway 24 Interchange. 500,000
U.S. 101 Bikeway System, California..................... 250,000
U.S. 218/Main Street Reconstruction--Phase II, Iowa..... 2,000,000
U.S. 31 South Bend to Indianapolis Freeway project...... 2,000,000
U.S. 319 Expansion...................................... 1,000,000
U.S. 412 Mountain Home to Hwy. 101, Arkansas............ 4,000,000
U.S. 51, Christian/Shelby Counties, Illinois............ 2,000,000
U.S. 54 (Kellogg), from I-35 to K-96, Wichita, Kansas... 1,000,000
U.S. 95 Laughlin to Searchlight (Phase 3), Nevada....... 8,000,000
U.S. Highway 276 Project Study.......................... 200,000
U.S. Highway 54, Kansas................................. 3,000,000
U.S. Route 35 in Mason and Putnam Counties, West
Virginia............................................ 5,977,500
UAB Center for Injury Sciences, Birmingham, Alabama..... 2,000,000
Umatilla Intermodal Facility............................ 1,000,000
Union Station Regional Intermodal Transportation Center. 800,000
University of Alaska Transportation Research Center..... 2,000,000
University of Delaware Intermodal Transportation
Facility, Delaware.................................. 1,000,000
University of Oklahoma Intelligent Bridge Systems
Research............................................ 3,000,000
University of Southern Maine Pedestrain Access.......... 725,000
Upgrade of the Interstate 95 and SC-327 Interchange in
South Carolina...................................... 1,400,000
US 12 Widening, Wallula Junction to Walla Walla,
Washington.......................................... 3,000,000
US 20 Webster County Widen to four lanes, Iowa.......... 1,500,000
US 25 Widening, Burke County, Georgia................... 1,000,000
US 278 Corridor, South Carolina......................... 1,000,000
US 278 from Sulligent, AL to Guin, Alabama.............. 2,000,000
US 287 South to IH 45, Ennis, Texas..................... 1,500,000
US 30/67 (Section II), Clinton, Iowa.................... 1,000,000
US 36, Wadsworth, State Highway 128 Interchange......... 800,000
US 431 Widening and Reconstruction, Tennessee........... 500,000
US 50 Phase I highway and water quality improvement
project, California................................. 2,000,000
US 93 Kalispell Bypass Project, Montana................. 3,500,000
US Highway 212/County Road 134 Intersection, Minnesota.. 700,000
US Highway 212/County Road 134 Intersection, Minnesota.. 750,000
US Highway 6 improvements, Coralville, Iowa............. 1,000,000
US Highway 84, Evergreen, AI to Monroeville, Alabama.... 250,000
US-12 Burbank to Walla Walla, Washington................ 1,000,000
US-27 North of Somerset................................. 2,000,000
US-95 Worley to Mica, Idaho............................. 7,000,000
USH 151 Dickeyville-Dodgeville, Wisconsin............... 2,000,000
VA Route 28 Widening.................................... 2,000,000
Vallejo Station Intermodal Center, California........... 1,250,000
Valles Caldera National Preserve, New Mexico............ 1,200,000
Vancouver State Route 14 pedestrian Bridge, Washington.. 500,000
Vermont Covered Bridges................................. 2,000,000
Village of Medina, New York Pass-Through Project........ 750,000
Village of Owego riverwalk, New York.................... 600,000
Village of Schuylerville, New York...................... 750,000
Washington Street Improvements, Haymarket, VA........... 500,000
Welcome Center US 90, Ohr-Okeefe Museum................. 1,750,000
West Grand Ave. (from North Western to N. California
Ave.)............................................... 800,000
West Laredo Multimodal Trade Corridor, Texas............ 2,400,000
Westfield Multimodal Transportation Center, MA.......... 1,700,000
Weston Avenue Streetscape, Wisconsin.................... 1,650,000
White Pond Drive, Akron, Ohio........................... 750,000
WI--Highway 2 Ashland, Wisconsin........................ 2,000,000
WI--Highway 53 Chetek, Wisconsin........................ 2,000,000
Widen and Improve Q Street, Nebraska.................... 1,000,000
Widen from 2 to 5 lanes, Gratiot Avenue from 24\1/2\
Mile Road to 26 Mile Road........................... 500,000
Widen NC 210 in Cumberland County, North Carolina....... 500,000
Widen Route 47 from Kreutzer Road to Reed Road, Huntley,
Illinois............................................ 1,000,000
Widening and creation of sidewalks at Floyd Road and
Veterans Memorial Highway in Cobb County, Georgia... 1,600,000
Widening Interstate 35 East between FM2181 and Lake
Lewisville, Denton County, Texas.................... 500,000
Williamsport/Pile Bay Road, Kenai, Alaska............... 3,000,000
Winner Creek Trail Improvements, Alaska................. 1,000,000
Wood/Sandusky/Lucas Counties--U.S. Route 20, Ohio....... 5,000,000
Woodland Avenue Bridge, Ohio............................ 1,000,000
WV Route 9.............................................. 11,000,000
Yakataga River Bridge in Alaska......................... 3,000,000
The conference agreement includes a provision (Sec. 116)
that allows ITS funds already appropriated for use in specified
locations within Wisconsin to be spent in additional locations
within the State.
The conference agreement includes a provision (Sec. 117)
that directs the Secretary to enter into an agreement with
Nevada and/or Arizona to provide a funding method for the
Hoover Dam Bypass Bridge, as proposed by both the House and
Senate.
The conference agreement includes a provision (Sec. 118)
that allows funds provided for a specific project in the
Intermodal Surface Transportation Efficiency Act of 1991 to be
used on a project in Detroit, Michigan.
The conference agreement includes a provision (Sec. 119)
that reprograms a project in Conference Report 106-940 for a
project in Detroit, Michigan.
The conference agreement includes a provision (Sec. 120)
that reprograms a project in Conference Report 107-308 for a
project in Detroit, Michigan.
The conference agreement includes a provision (Sec. 121)
that provides unexpended amounts for a project in Public Law
108-7 to specified areas in Kansas.
The conference agreement includes a provision (Sec. 122)
that relates to surface transportation projects.
The conference agreement includes a provision (Sec. 123)
that amends section 14501 of title 40, United States Code.
The conference agreement includes a provision (Sec. 124)
that modifies a Senate provision that directs the Secretary of
Transportation to amend the Manual on Uniform Traffic Control
Devices to include a provision regarding locating licensed 24-
hour pharmacy services and placement of logo panels on the
Federal-aid highway system.
The conference agreement includes a provision (Sec. 125)
that allows specified costs associated with a project in San
Diego, California to be eligible for Federal funding.
The conference agreement includes a provision (Sec. 126)
that amends a provision in Public Law 108-7 relating to a
project in Kentucky.
The conference agreement includes a provision (Sec. 127)
that amends a project in Public Law 108-7.
The conference agreement includes a provision (Sec. 128)
that amends a provision in Public Law 106-346 relating to a
project in Kansas.
The conference agreement includes a provision (Sec. 129)
that amends a provision in section 375 of division I of the
Consolidated Appropriations Resolution, 2003, relating to a
project in Pennsylvania.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Motor Carrier Safety
Limitation on Administrative Expenses
(HIGHWAY TRUST FUND)
The conference agreement includes $176,070,000 for
administrative expenses of the Federal Motor Carrier Safety
Administration (FMCSA) under the FMCSA limitation on
administrative expenses (LAE) account. The House and Senate
bills proposed $92,712,176 and $292,972,233, respectively for
both administrative expenses plus five grant programs. The
conference agreement provides funding for these grant programs
under a miscellaneous appropriations within the Federal Highway
Administration appropriation, and provides funding under
FMCSA's LAE in the following manner:
Safety is good business................................. $250,000
Crash data improvements................................. 5,000,000
Conditional carrier review.............................. 2,000,000
Household goods enforcement............................. 920,000
Hotline................................................. 375,000
Research and technology................................. 7,000,000
Regulatory development.................................. 9,500,000
Information management.................................. 11,843,000
Administrative infrastructure........................... 7,000,000
Safety is good business program.--The conference
agreement provides $250,000 for the safety is good business
program, consistent with the House. The Senate proposed
$500,000. The conference agreement retains language contained
in the House report that FMCSA should first use this funding to
develop a goal and initiatives that are directly related to
that goal.
Conditional carrier review.--The conference agreement
provides $2,000,000 for conditional carrier reviews as proposed
by the Senate. The House report provided $1,334,000.
Household goods enforcement.--The conference agreement
provides $920,000 for the household goods enforcement program,
instead of $896,000 as proposed by the House and $1,370,000 as
proposed by the Senate. This level provides adequate funding
for the seven requested positions at half-year levels.
Research and technology.--The conference agreement
provides $7,000,000 for motor carrier safety research and
technology, consistent with both the House and Senate
proposals. The conference retains language directing FMCSA to
submit a 5-year research and development strategic plan to the
House and Senate Committees on Appropriations no later than
June 15, 2004, as proposed by the Senate.
Regulatory development.--The conference agreement
provides $9,500,000 for regulatory development instead of
$11,000,000 proposed by the House and $8,000,000 proposed by
the Senate.
Information management.--The conference agreement
provides a total program level of $11,843,000 for information
management, an increase of $2,500,000 from the fiscal year 2003
level. The House bill proposed $13,500,000 and the Senate bill
proposed $10,398,000.
Administrative infrastructure.--The conference agreement
provides $7,000,000 for administrative infrastructure instead
of $4,423,000 as proposed by the House and $10,423,000 as
proposed by the Senate.
Share the road safely program.--Consistent with the
Senate, the conference agreement does not provide funding for
the share the road safely program. Funding for this program is
provided under the National Highway Traffic Safety
Administration appropriation. The House proposed $500,000 for
this program.
PATRIOT ACT (CDL background checks).--The conference
agreement, consistent with both the House and Senate, does not
provide funding for CDL background checks as this
responsibility has been transferred to the Department of
Homeland Security.
State grants.--In addition to the $176,070,000 provided
under the limitation on administrative expenses, the conference
agreement includes a total of $111,500,000 for Federal Motor
Carrier Safety Administration programs under the Federal
Highway Administration miscellaneous appropriation from the
Highway Trust Fund (other than the mass transit account). Both
the House and Senate bills proposed funding these programs from
within FMCSA's limitation onadministrative expenses. The
conference agreement provides the funds in the following manner:
Program Conference
New entrant program--State grants \1\................... $8,000,000
New entrant program--Federal portion \1\................ 3,500,000
Southern border inspection facilities................... 47,000,000
Commercial driver's license improvement grants.......... 21,000,000
Southern border operations grants....................... 23,000,000
Northern border truck inspection grants................. 9,000,000
\1\ This reflects a portion of the total $28,500,000 provided for the
new entrant program. Of this amount, $25,000,000 is provided for grants
to states, and $3,500,000 is for Federal responsibilities associated
with the program.
New entrant program.--The conference agreement provides a
total of $28,500,000 for the new entrant program. The
conference reiterates the decision contained in both the House
and Senate reports that the majority of funding for this
program is in the form of state grants, and therefore retains
only $3,500,000 for oversight and other Federal
responsibilities. The House proposed $2,200,000 for the Federal
portion of this program and the Senate proposed $4,456,000. In
addition, $8,000,000 in state grants is provided under the
Federal Highway Administration miscellaneous appropriations,
and an additional $17,000,000 is provided for state grants
under the Motor Carrier Safety Assistance Program. The
conference retains language directing FMCSA to submit a new
entrant program implementation plan to the House and Senate
Committees on Appropriations no later than 90 days after
enactment of this Act.
Hazardous materials permitting program.--The conference
agreement provides $1,050,000 for the hazardous materials
permitting program, instead of $1,135,000 provided by the House
and $2,000,000 provided by the Senate. This amount is adequate
to fund the 13 requested positions at half-year levels.
Commercial drivers license program.--Consistent with both
the House and Senate, the conference agreement provides
$21,000,000 for the commercial driver's license improvement
grants program. The conference agreement retains the House
language that encourages FMCSA to continue working with the
American Association of Motor Vehicle Administrators, the
Commercial Vehicle Safety Alliance, lead MCSAP agencies and
licensing agencies to improve all aspects of the CDL program.
In addition, FMCSA should consider sponsoring another pilot
project involving law enforcement and driver licensing agencies
to explore new and innovative ways to ensure that drivers who
have been convicted of a disqualifying offense do not operate
during the period of suspension or revocation. Finally, FMCSA
should continue to support the judicial and prosecutorial
outreach effort.
Southern border inspection facilities.--Consistent with
the Senate bill, the conference agreement provides $47,000,000
to construct truck inspection facilities at the Southern
border. The House bill contained no similar appropriation.
Southern border operations grants.--Consistent with both
the House and Senate bills, the conference agreement provides
$23,000,000 for southern border operations grants.
Northern border inspection grants.--Consistent with both
the House and Senate bills, the conference agreement provides
$9,000,000 in northern border truck inspections grants.
Border enforcement.--The conference agreement provides
$121,908,000 in border funding, of which $47,000,000 is for
infrastructure improvements, $32,000,000 is for state
operations grants, and $42,908,000 is for personnel and
enforcement operations. The conference agreement retains
language proposed by the Senate directing FMCSA to establish a
process to effectively enforce and monitor Mexican motor
carriers and report to the House and Senate Committees on
Appropriations within one year after the date of enactment of
this Act.
National Motor Carrier Safety Program
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides a liquidating cash
appropriation of $190,000,000 for the national motor carrier
safety program as proposed by both the House and the Senate.
(LIMITATION ON OBLIGATIONS)
The conference agreement includes a limitation on
obligations of $190,000,000 for motor carrier safety grants as
proposed by both the House and the Senate.
The conference agreement provides funding for the
national motor carrier safety program as follows:
Amount
Motor carrier safety assistance program................. $170,000,000
Basic motor carrier safety grants................... (130,329,000)
Performance based incentive grant program........... (11,105,000)
High-priority activities............................ (8,593,000)
New entrant grants \1\.............................. (17,000,000)
State training and administration................... (2,063,000)
Crash causation (Sec. 224(f) MCSIA)................. (1,000,000)
Information systems and strategic safety initiatives.... (20,000,000)
Data analysis and information systems............... (14,000,000)
Implementation of PRISM............................. (5,000,000)
Driver programs..................................... (1,000,000)
\1\ Does not include $8,000,000 provided under FHWA's miscellaneous
appropriation and $3,500,000 provided under FMCSA's LAE.
Solid Waste Shippers.--From funds provided for the high
priority initiative program, the conference agreement directs
FMCSA to evaluate the effectiveness of the Final Rule on cargo
securement for containing solid waste (including sewage sludge
and combustion ash), both in container and flat bed surface
transport. The analysis shall include safety, economic, and
environmental considerations, and shall be provided to the
House and Senate Committees on Appropriations by October 15,
2004.
Hazmat tracking system.--As proposed by the Senate, the
conference agreement directs $2,000,000 from funds provided for
the high priority initiative program for an expanded satellite-
based, mobile communications system to monitor and track
hazardous material and high-value cargo in uncovered areas of
the United States.
Operation Respond.--As proposed by the Senate, the
conference agreement provides $1,000,000 from funds provided
for the high priority initiative program, to design, build and
demonstrate the benefits of a seamless hazardous materials
incident detection, management, and response system, including
the expansion of the Operation Respond network. The conferees
urge that these funds be used to establish a national first
responders emergency services network and to accelerate
deployment of Operation Respond software.
New Hampshire study.--As proposed by the House, the
conference agreement provides $250,000 from funds provided for
the high priority initiative program, to the New Hampshire
Department of Transportation to conduct a study to evaluate the
safety, economic and infrastructure impacts of a weight limit
exemption on Interstates 89 and 93.
Surge Brakes.--The Federal Motor Carrier Safety
Administration (FMCSA) prohibits surge brakes for use in
interstate commerce. Since private vehicles are not subject to
this prohibition, it causes administrative enforcement and
safety problems for rental businesses and their consumers. The
conference agreement directs FMCSA to determine, within 90 days
of enactment of this Act, if it should initiate a rulemaking to
consider permitting the use of surge brakes on small and medium
trailers used in interstate commerce.
General Provisions--Federal Motor Carrier Safety Administration
The conference agreement includes a provision (Section
130) subjecting funds appropriated in this Act to the terms and
conditions of section 350 of Public Law 107-87, including that
the Secretary submit a report on Mexico-domiciled motor
carriers. This provision was proposed by both the House and Senate.
The conference agreement includes a provision (Section
131) prohibiting the use of funds in this Act to implement or
enforce any provision of the Final Rule issued on April 16,
2003 as it applies to operators of utility service vehicles and
as it applies to motion picture and television production
drivers working at a site within 100 air mile radius of the
reporting location.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
Operations and Research
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement provides $150,545,000 from the
highway trust fund for highway and traffic safety activities,
instead of $134,178,000 as proposed by the House and
$148,102,000 as proposed by the Senate.
The agreement includes a provision carried since fiscal
year 1996 that prohibits NHTSA from obligating or expending
funds to plan, finalize, or implement any rulemakings that
would add requirements pertaining to tire grading standards
that are not related to safety performance. This provision was
contained in both the House and Senate bills.
The following table summarizes the conference agreement
for operations and research by budget activity:
Salaries and benefits................................... $69,050,000
Travel.................................................. 1,324,000
Operating expenses...................................... 22,836,000
Contract programs:
Safety performance (rulemaking)..................... 10,773,000
Safety assurance (enforcement)...................... 17,028,000
Highway safety programs............................. 49,272,000
Research and analysis............................... 67,903,000
General administration.............................. 665,000
Grant administration reimbursements..................... -16,306,000
--------------------------------------------------------
____________________________________________________
Total............................................... 222,545,000
OPERATING EXPENSES
Workforce planning and development.--The conference
agreement provides no funding for workforce planning and
development, as proposed by both the House and Senate.
Training and technical assistance to the states.--The
conferees encourage NHTSA to conduct a comprehensive review of
the agency's training programs, including an evaluation of
other models and different media for improving the professional
capabilities of State grantees, as proposed by the Senate. In
addition, the conferees direct NHTSA to develop and implement
two new State training courses, as proposed by the Senate, and
$200,000 is provided for this purpose. One training course
should be designed to strengthen the ability of State highway
safety offices to analyze data and identify State and local
behavioral highway safety programs. The second course should
provide hands-on experience for State highway safety offices on
how to conduct evaluations or reviews of program performance.
Regulatory activities.--The conferees direct NHTSA to
update their self-imposed regulatory activities plan by
December 1, 2003, as proposed by the House. NHTSA should
include public comments that have been received, as well as new
data and research results. This plan should be submitted
through correspondence to the House and Senate Committees on
Appropriations and posted on NHTSA's website.
HIGHWAY SAFETY PROGRAMS
Budget justification.--Within the fiscal year 2005 budget
request, NHTSA is directed to include information on
expenditures on impaired driving, motorcycle, and national
occupant protection programs from fiscal year 2003 and
estimated plans for fiscal year 2004, as proposed by the House.
This information should also describe which activities are
based on proven research and implementation strategies.
Impaired driving.--The conferees direct NHTSA to submit a
report to the House and Senate Committees on Appropriations, no
later than 90 days after the enactment of this Act, detailing
strategies and activities that will be utilized in fiscal year
2004 with regard to targeting specific populations in impaired
driving efforts, as proposed by the Senate.
In addition, the conferees direct NHTSA to explore
whether there is a more fitting theme for the impaired driving
program than ``You Drink and Drive, You Lose,'' and to report
findings and recommendations to the House and Senate
Appropriations Committees in a letter by January 30, 2004, as
proposed by the Senate.
Occupant protection.--Within the amount provided for
occupant protection programs, the conference agreement provides
$3,000,000 for outreach initiatives to increase seat belt use,
as proposed by the Senate.
Within the amount provided for national impaired driving
programs, the conference agreement provides $4,500,000 for
impaired driving activities, as proposed by the Senate:
Judicial/prosecutorial initiative....................... $1,500,000
Repeat offender tracking model.......................... 2,000,000
Target population outreach.............................. 1,000,000
The conferees direct NHTSA to refrain from obligating
funds provided in fiscal year 2003 (Public Law 108-7) for
judicial and prosecutorial awareness until the required report
is submitted to the House and Senate Committees on
Appropriations, as proposed by the Senate.
Traffic law enforcement.--The conferees strongly support
NHTSA's law enforcement liaison (LEL) program, believing that
high-visibility enforcement of highway traffic safety programs
is integral to improving the safety on the nation's roads. The
LEL function is largely responsible for the implementation of
specific enforcement programs and mobilizations relating to the
highly successful Click It or Ticket program as well as the You
Drink and Drive, You Lose initiative. Both of these programs
must have an enforcement component to ensure their success, and
the LELs interact with the law enforcement community to promote
the enforcement components of these programs. In fiscal year
2003, NHTSA spent approximately $561,000 to fund LEL programs
in eight of the ten regions. The conferees encourage NHTSA to
increase this support in fiscal year 2004 and to strive to
expand the presence of this program to all ten regions.
Emergency medical services.--Within the amount provided
for emergency medical services, the conference agreement
provides $1,000,000 for training EMS personnel in delivering
pre-hospital care to patients with traumatic brain injuries, as
proposed by the Senate. An additional $1,000,000 is also
provided for research at the USA Center for the Study of Rural
Vehicular Trauma, as proposed by the Senate.
Records and licensing.--Within the amount provided for
records and licensing, the conference agreement provides
$1,000,000 for a digital watermarking technology pilot program
to easily determine the authenticity of State-issued IDs, as
proposed by the Senate, and $1,000,000 for the interstate
digital image exchange project and online verification of birth
records program.
Highway safety research.--Within the amount provided for
highway safety research, the conference agreement provides
$750,000, for transportation safety research at Florida
Agricultural and Mechanical University. The objective of FAMU's
research will be to reduce the severity of traffic injuries
among the youth and adults between the ages of 0-34 and will
focus on aggressive driving, road rage, speed control, occupant
protection and alcohol impaired driving countermeasures. The
conferees encourage NHTSA to work with FAMU toidentify a
suitable research project that will focus on an area that will advance
highway safety.
Share the road safely.--The conference agreement provides
$500,000 for the share the road safely program, to be
administered by NHTSA, as proposed by the Senate. NHTSA is
encouraged to work with FMCSA and State highway safety
representatives to determine the best avenues for educating
both the motoring public and commercial motor vehicle drivers,
including incorporating such information in driver education
courses.
RESEARCH AND ANALYSIS
Crash causation study.--The conference agreement provides
$7,000,000 for the crash causation study, as proposed by the
Senate.
Motorcycle injury prevention.--There was a continuous
decline in motorcycle crash fatalities from the mid-1980's
through 1997. Since 1997 however, motorcycle fatalities have
increased annually. The conferees urge NHTSA to focus on
strategies to reduce the alarming numbers of motorcyclists
killed and injured in alcohol-related crashes each year.
Within the amount provided for crashworthiness research,
the conference agreement provides $40,000 for the New Hampshire
Department of Safety to conduct a study to evaluate the speed
and safety threshold for preventing and analyzing motorcycle
injuries, as proposed by the House. The New Hampshire
Department of Safety is encouraged to work with the Honda Inova
Fairfax Hospital CIREN Center in Fairfax, Virginia, which
specializes in analyzing motorcycle injuries.
Crashworthiness research.--Within the amount provided for
crashworthiness research, the conference agreement provides
$2,000,000 for brain and spinal cord injury research at the
Southern Consortium for Injury Biomechanics, $1,000,000 for a
joint research initiative between Vermont's College of Medicine
(UVM), Texas A&M University and Fletcher Allen Health Care,
$300,000 for the University of Massachusetts, Amherst Risk
Prone Driving research, $300,000 for South Carolina DOT
research and development for ball bearing packages with
intelligent safety aids for vehicles, and $1,500,000 for the
George Washington University National Crash Analysis Center for
advanced crashworthiness research.
National tire efficiency.--Within the amount provided for
research and analysis, the conference agreement provides
$500,000 for the Secretary of Transportation, through the
National Academy of Sciences, to develop and perform a national
tire fuel efficiency study and literature review to consider
the relationship that low rolling resistance replacement tires
designed for use on passenger cars and light trucks have on
fuel consumption and tire wear life. The study shall address
the potential of securing technically feasible and cost-
effective fuel savings from low rolling resistance replacement
tires that do not adversely affect tire safety, including the
impacts on performance and durability or adversely impact tire
tread life and scrap tire disposal, and that does fully
consider the average American ``drive cycle''. The study shall
further address the cost to the consumer including the
additional cost of replacement tires and any potential fuel
savings. The report shall be submitted to the House and Senate
Committees on Appropriations, the House Energy and Commerce
Committee, and the Senate Commerce, Science, and Transportation
Committee not later than January 1, 2006.
SAFETY PERFORMANCE
Fuel economy standards.--The conference agreement
provides $1,000,000 for the fuel economy standards program and
directs NHTSA to reevaluate the agency's goals with regard to
fuel economy and produce an updated performance structure, as
proposed by the House.
GENERAL ADMINISTRATION
Harmonization of vehicle safety standards.--The
conference agreement provides $100,000 for the harmonization of
vehicle safety standards, due to budget constraints.
Operations and Research
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement provides $72,000,000 from the
highway trust fund to carry out provisions of 23 U.S.C. 403, as
proposed by both the House and the Senate.
National Driver Register
(HIGHWAY TRUST FUND)
The conference agreement provides $3,600,000 for the
National Driver Register, as proposed by both the House and the
Senate.
Highway Traffic Safety Grants
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conference agreement limits obligations for highway
traffic safety grants to $225,000,000, as proposed by both the
House and the Senate. The bill includes separate obligation
limitations with the following funding allocations:
State and community grants.............................. $165,000,000
Occupant protection incentive grants.................... 20,000,000
Alcohol incentive grants................................ 40,000,000
State highway safety program administration.--The GAO
recently released a report regarding the oversight of State
Highway Safety Programs (GAO-03-474). This report included the
recommendation that NHTSA should provide more guidance to
regional offices regarding when it is appropriate to use
management reviews and improvement plans to assist states with
their highway safety programs. The Senate had reiterated this
recommendation in the fiscal year 2004 report and directed
NHTSA to undertake steps necessary to implement this guidance.
However, the House had included language in the fiscal year
2004 report directing NHTSA to begin to approve each state's
highway safety plan, if they received Section 402 funding, as
the agency did prior to 1998.
Therefore, the conferees direct NHTSA to examine the
agency's policies with regard to the state grant programs, and
submit a report to the House and Senate Committees on
Appropriations, which should include current agency policies
for providing guidance to states on how best to craft
respective highway safety plans and an analysis of oversight
review responsibilities NHTSA currently has with regard to
these plans, as proposed by the House. In addition, the report
should include the steps that NHTSA would undertake if, in
reviewing a state's plan, the agency had a conflict with the
way in which states planned to obligate Federal grant funds.
The report should include a detailed spectrum of annual
examples, since fiscal year 2000, for which States used Section
402 funds, including items that NHTSA considers exemplary and
items NHTSA may consider frivolous.
NHTSA is also directed to develop a clear policy on
management review of state highway safety plans, including when
a state improvement plan should be required, as proposed by the
Senate. This should be included in the report.
Funding of $50,000 in operating expenses has been
provided to undertake this study, and a copy must be provided
to the House and Senate Committees on Appropriations by
February 20, 2004.
Highway public safety mobilizations.--The conferees are
concerned that the current timing of the national seat belt and
impaired driving mobilizations inMay and July does not allow
ample time for either NHTSA or State and local law enforcement agencies
to adequately plan for these intensive efforts. The conferees believe
it is important that NHTSA and the States have adequate time to
properly plan and prepare for each of these mobilizations in order to
have the maximum impact on saving lives and preventing injuries. To
that end, the conferees direct NHTSA to work with State and local
authorities and the safety community to establish a comprehensive plan
and date certain for future national impaired driving mobilizations.
Much like the nation has embraced May as the ``Click It or Ticket''
month, the conferees expect that this coordinated effort will allow
NHTSA to establish an annual date for carrying out an effective
impaired driving mobilization to be accompanied by national paid
advertising. The conferees direct NHTSA to report to the House and
Senate Committees on Appropriations 90 days after the date of enactment
of this Act on the agency's implementation plans and to keep the
Committees informed throughout the fiscal year as to the progress of
these efforts.
The conferees are also aware that NHTSA is currently
evaluating the effectiveness of a safety mobilization effort in
Tennessee that combines both the seat belt and impaired driving
messages. The conferees are interested in the results of this
combined effort to determine whether a similar effort should be
conducted at the national level as part of the 2004
mobilization schedule. NHTSA is directed to report to the House
and Senate Committees on Appropriations by February 16, 2004
with the findings of the Tennessee effort as well as any other
State mobilizations that may combine seat belt and impaired
driving messages.
General Provisions--National Highway Traffic Safety Administration
The conference agreement includes a provision (Section
140) allowing states to use funds provided under section 402 of
title 23, U.S.C., to produce and place highway safety public
service messages. The provision provides that any state that
uses funds for such purposes must submit a report to the
Secretary, who in turn is directed to submit them to the House
and Senate Committees on Appropriations. The provision
allocates $10,000,000 for national paid media to support
national safety belt mobilizations under Section 157 and
$20,000,000 under Section 163 to include: $2,750,000 to support
State impaired driving mobilization enforcement efforts,
$14,000,000 for paid media to support national law enforcement
mobilizations on impaired driving, and $250,000 for continued
evaluation of alcohol-impaired driving messages. In addition,
$3,000,000 from the Section 163 program should be dedicated to
an impaired driving demonstration program.
The conference agreement includes a provision (Section
141) prohibiting NHTSA from transferring funds to the Federal
Motor Carrier Safety Administration for the share the road
safely program.
The conference agreement includes a provision (Section
142) authorizing the Secretary, for fiscal year 2004, to use
funds necessary to carry out section 157 of title 23, United
States Code.
The conference agreement includes a provision (Section
143) authorizing the Secretary, for fiscal year 2004, to use
funds necessary to carry out section 163 of title 23, United
States Code.
The conference agreement deleted a provision in the House
bill regarding truck trailer manufacturing regulations.
FEDERAL RAILROAD ADMINISTRATION
Safety and Operations
The conference agreement provides $130,825,000 for safety
and operations as proposed by the Senate instead of
$130,922,000 as proposed by the House. Within this total, the
conferees have funded 25 new full-time equivalents. The
conference agreement includes language that permits $11,712,000
of the total funding to remain available until expended as
proposed by both the House and the Senate.
Workforce planning.--Consistent with the Senate report,
the conference agreement deletes $350,000 for workforce
planning.
Personnel.--Consistent with the House report, the
conference agreement deletes $78,000 for one full time
equivalent for Title VI enforcement. Instead, the conference
agreement provides $78,000 for a financial analyst to support
the new oversight responsibilities placed on the Department.
This analyst will help manage activities designed to track
Amtrak's financial performance, to support the Secretary's
representatives in dealing with the greater number of issues of
substance coming before the board, and to monitor the financial
aspects of the grants, including the capital, operating, and
North East Corridor grants.
Grade crossing safety action plan update.--As directed by
the Senate, the Secretary of Transportation shall submit a
highway-railway grade crossing safety action plan update,
coordinated among FRA, FHWA, FMCSA, NHTSA and the ITS Joint
Program Office, with the fiscal year 2005 budget justification.
Railroad Research and Development
The conference agreement provides $34,025,000 for
railroad research and development instead of $28,225,000 as
proposed by the House and $34,225,000 as proposed by the
Senate.
Nationwide Differential Global Positioning System
(NDGPS).--The conference agreement provides $5,800,000 for
NDGPS. The House did not fund this project and the Senate
provided $6,000,000.
Marshall University/University of Nebraska.--The
conference agreement includes $2,000,000 to support Marshall
University and the University of Nebraska to conduct safety
studies in rail equipment, human factors, track, and rail
safety related issues.
West Virginia University (WVU).--The conference agreement
provides a total of $250,000 for structural integrity research
utilizing glass fiber reinforced polymers on railroad ties at
WVU's Constructed Facilities Center.
Railroad Rehabilitation and Improvement Program
The conference agreement includes a provision, proposed
by both the House and the Senate, specifying that no new direct
loans or loan guarantee commitments shall be made using federal
funds for the payment of any credit premium amounts during
fiscal year 2004. No federal appropriation is required since a
non-federal infrastructure partner may contribute the subsidy
amount required by the Credit Reform Act of 1990 in the form of
a credit risk premium. Once received, statutorily established
investigation charges are immediately available for appraisals
and necessary determinations and findings.
The conference agreement includes a provision, proposed
by the Senate, mandating that no payment of principal or
interest shall be collected during fiscal year 2004 for the
direct loan made to the National Railroad Passenger
Corporation.
Next Generation High-Speed Rail
The conference agreement provides $37,400,000 for the
next generation high-speed rail program instead of $28,250,000
as proposed by the House and $29,350,000 as proposed by the
Senate. The following table summarizes the conference agreement
by budgetary activity:
Program Amount
Train control systems................................... $10,000,000
North American joint PTC project.................... (9,000,000)
Train control--TTC.................................. (1,000,000)
Non-electric locomotives................................ 9,900,000
Advanced locomotive propulsion system............... (3,000,000)
Prototype non-electric locomotive................... (1,900,000)
Diesel multiple units compliance and demonstration.. (5,000,000)
Grade crossing and innovative technologies.............. 9,000,000
Mitigating hazards.................................. (2,000,000)
Low-cost technologies............................... (1,000,000)
North Carolina pedestrian crossing safety pilot:
Clayton grade separation.......................... (800,000)
Springfield, Missouri grade reconfiguration study... (800,000)
Anchorage C Street corridor grade Crossing.......... (1,000,000)
Tupelo Rail study................................... (1,500,000)
New Orleans Union Passenger Terminal................ (1,000,000)
KBS railroad Hazard elimination, Kankakee, IL....... (400,000)
Ohio statewide highway-rail crossing barrier gates.. (500,000)
Track and structures.................................... 1,000,000
Corridor planning....................................... 2,500,000
Gulf Coast corridor................................. (1,500,000)
Southeast corridor.................................. (750,000)
Midwest regional rail planning and engineering study (250,000)
Maglev.................................................. 5,000,000
Washington to Baltimore maglev deployment........... (1,000,000)
California-Nevada Interstate maglev project......... (1,000,000)
Pittsburgh-Greensburgh, Pennsylvania maglev
deployment project................................ (2,000,000)
Southern California maglev.......................... (1,000,000)
--------------------------------------------------------
____________________________________________________
Total............................................. 37,400,000
Train control systems.--The conferees note that several
new and ongoing pilot projects are important to demonstrating
the operational and safety benefits of wider deployment of
train control system technologies on freight railroads. The
conferees encourage the FRA to utilize a portion of its
appropriations to further the development and testing of safety
overlay train control technologies that work in conjunction
with existing methods of operation and signal and control
systems to protect against the consequences of human and
technology failures.
Diesel multiple units.--The conference agreement provides
$5,000,000 to validate the compliance of diesel multiple units
with existing passenger car safety standards and to make a
grant to up to two public bodies for the purpose of initiating
a demonstration in daily revenue service of a compliant DMU
during calendar years 2003 and 2004. Federal funding shall only
be made available if funds are matched on a dollar-for-dollar
basis from non-federal sources and shall only be used for
activities related to establishing the compliance of the DMU
design with passenger safety standards and for the acquisition
of DMUs (through a conventional competitive procurement
process) and service facilities necessary for revenue service
demonstration. All other expenses, including the cost of
passenger facilities and any net operating expenses are not
eligible for funding under this appropriation. In making the
grant award decision, FRA shall consider among its criteria:
the extent that the award would develop or facilitate the
domestic rail passenger car manufacturing industry and the
extent that it is compatible with DMU technology acquired
pursuant to the fiscal year 2003 appropriation. Nothing shall
preclude FRA from making funds available to the recipient of
the fiscal year 2003 award.
California corridor.--Funds made available for high-speed
rail in California should supplement, not replace, state
funding for this same program.
Northern New England high speed rail corridor.--The
conference agreement directs the Secretary to include the train
routes from Boston, Massachusetts via Worcester and
Springfield, Massachusetts to Albany, New York and from
Springfield, Massachusetts via Hartford, Connecticut to New
Haven, Connecticut as part of the existing Northern New England
High Speed Rail Corridor.
Magnetic levitation.--In order to assist in the
evaluation of the potential of magnetic levitation to achieve
traffic congestion relief and determine its appropriate role in
our nation's transportation system, the conferees direct FRA to
provide the House and Senate Committees on Appropriations a
report comparing the cost and benefits of magnetic levitation
to other modes of travel. This report should be undertaken
while moving forward on submitted projects.
Rail-highway crossing hazard eliminations.--A total of
$5,250,000 is made available for the elimination of rail-
highway crossing hazards. A limited number of rail corridors
are eligible for these funds. Of these set-aside funds, the
following allocations were made:
Assembly Street, Whaley Street and Rosewood Drive,
Columbia, South Carolina............................ 1,050,000
Tulsa, OK sealed corridor quiet zone.................... 1,575,000
Hamilton Boulevard over CSX rail line near US 90,
Mobile, Alabama..................................... 1,250,000
Washington State high speed rail corridor grade crossing
project............................................. 1,000,000
Wisconsin Railway-Highway crossing hazard elimination
project............................................. 375,000
--------------------------------------------------------
____________________________________________________
Total............................................... 5,250,000
Alaska Railroad Rehabilitation
The conference agreement provides $25,000,000 for the
Alaska Railroad, as proposed by the Senate. The House bill
contained no similar appropriation.
Grants to the National Railroad Passenger Corporation
(AMTRAK)
The conference agreement provides $1,225,000,000 for the
Secretary of Transportation to make quarterly grants to Amtrak,
instead of $900,000,000 asproposed by the House and
$1,346,000,000 as proposed by the Senate. Of these funds, $760,000,000
is provided for operating subsidy grants and $465,000,000 is provided
for capital grants. Flexibility of the Secretary to allocate funds to
either operating or capital subsidies is not included, as proposed by
the Senate.
DOT oversight.--The conference agreement directs the
Secretary to approve funding for all train routes for operating
losses and capital expenditures, including advance purchase
orders, after receiving and approving a grant request
accompanied by detailed financial information, revenue
projections, and capital expenditure projection justification,
as proposed by the Senate.
The conferees direct the Secretary to ensure that Amtrak
continues to meet all debt principal and interest payments in
fiscal year 2004, as proposed by the House and Senate. The
Secretary is also directed to ensure that any funds provided to
Amtrak be spent in a prudent manner, on projects where positive
results can be seen, that maximize operational efficiencies,
that promote those lines that have the highest ridership and
that have cost sharing agreements in place. Amtrak shall not be
permitted to begin any new projects unless the project can be
fully funded with the fiscal year 2004 appropriation and Amtrak
generated revenues, unless such projects are critical for
safety or infrastructure repairs, as proposed by the House.
The conference agreement directs the Secretary to vouch
for the accuracy of financial information Amtrak provides to
Congress, in the form of a signed letter to the House and
Senate Committees on Appropriations, that accompanies the
transmittal of the quarterly grant documents to the Committees
and continues to meet the specified criteria, as proposed by
the House. The conference agreement also prohibits the
Secretary from obligating or expending any funds until Amtrak
agrees to continue abiding by certain provisions agreed to
under the direct loan agreement signed on June 28, 2002.
Continuation of commuter rail services.--The conference
agreement includes a provision (Section 150) authorizing the
Surface Transportation Board to continue commuter rail service
if Amtrak should cease operations, as proposed by the House.
Within the funds provided, the conference agreement directs the
Secretary to reserve $60,000,000 to fund costs incurred if
directed service orders are issued by the Surface
Transportation Board. At the Secretary's discretion and based
on the financial stability of Amtrak, the Secretary may make
the reserved funds available to Amtrak through appropriate
grants during the fourth quarter, to the extent that no
directed service orders have been issued or are expected to be
issued.
In addition, the Federal Railroad Administration, in
coordination with the Surface Transportation Board, shall
submit a report to the House and Senate Committees on
Appropriations, the House Committee on Transportation and
Infrastructure and the Senate Committee on Commerce, Science
and Transportation regarding contingency plans the Department
has in place in the event that Amtrak should cease operations
and an emergency commuter service order must be carried out.
This report is due no later than 90 days from enactment of this
Act.
Annual business plan.--The conference agreement includes
language, modified from the House and Senate bills, directing
Amtrak to submit 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 operating subsidies
and capital projects, including advance purchase orders, to be
funded in fiscal year 2004. The plan must include targets for
ridership, revenues, and capital and operating expenses, as
applicable, and 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. For capital
expenditures, the plan must include a description of the work
to be funded, with cost estimates and a timetable for
completion. The plan must be submitted within 60 days of
enactment of this Act, in both paper and electronic formats,
and must be posted on Amtrak's website.
The conference agreement directs that no funding may be
used for projects or expenses not approved by the Secretary or
included on Amtrak's business plan, as proposed by the House
and Senate. Any variations to the base operating and capital
plans, including advance purchase orders, must be submitted to
the House and Senate Committees on Appropriations, according to
the Department's reprogramming guidelines.
The conference agreement continues bill language
requiring Amtrak to continue to submit monthly supplemental
reports regarding the business plan, which should describe work
completed, any changes to the business plan, and justification
for such changes, as proposed by the House and Senate. These
reports should be submitted in an electronic format and posted
on Amtrak's website. The reports shall continue to be submitted
to the Secretary and the House and Senate Committees on
Appropriations and must be submitted every month, within 30
days following the last business day of the previous month.
State-assisted intercity rail service.--The conference
agreement also includes a provision (Section 151) that directs
the Secretary to develop and implement a fair competitive bid
procedure by January 1, 2004, to assist states in introducing
carefully managed competition to demonstrate whether this could
provide higher quality rail service at reasonable prices, as
proposed by the House. The Secretary must administer the
process, monitor its progress, and make monthly reports to the
House and Senate Committees on Appropriations. The Secretary
may reprogram up to $2,500,000 from Amtrak operating grant
funds to assist in costs of implementing this process. From
this amount, the Secretary may make grants available to the
states for any purpose consistent with achieving the goals of
the process. The Secretary must also evaluate the fair
competitive bid procedures and report to the House and Senate
Appropriations Committees, the House Transportation and
Infrastructure Committee and the Senate Committee on Commerce,
Science and Transportation by July 1, 2004. In addition, within
30 days of enactment of this Act, the Secretary shall report to
these same Committees on options for insurance pooling to
provide states and operators with the lowest possible insurance
costs.
Military and Veterans Discount Program.--The conferees
are dismayed to learn that Amtrak management is giving
consideration to terminating its discount program for the
nation's veterans, members of the National Guard and Reserve,
and active duty military members. At a time when so many
military members are risking their lives on a daily basis, the
conferees are greatly disappointed that Amtrak would consider
terminating this discount program, especially since travelers
that utilize the discount must travel under specified
restrictions during off-peak travel times. The conferees expect
Amtrak to continue this discount program and believe that the
amount of funding provided in this Act for Amtrak is sufficient
to avoid any necessity to terminate this well-deserved benefit
for our nation's veterans and military members.
General Provisions--Federal Railroad Administration
The conference agreement includes a provision (Section
150) authorizing the Surface Transportation Board to continue
commuter rail service if Amtrak should cease operations.
The conference agreement includes a provision (Section
151) requiring the Secretary of Transportation, working with
affected states, to develop and implement a fair competitive
bid procedure to assist states in introducing carefully managed
competition to demonstrate whether competition may provide
higher quality rail service at reasonable prices.
FEDERAL TRANSIT ADMINISTRATION
Administrative Expenses
The conference agreement provides $75,500,000 for
administrative expenses of the Federal Transit Administration,
instead of the $72,500,000 as proposed by the House and
$73,000,000 as proposed by the Senate. Within this total, the
conference agreement appropriates $15,100,000 from the general
fund. The general fund appropriation shall be available until
expended.
The conference agreement specifies the appropriations for
each of the FTA offices in bill language, as proposed by both
the House and Senate. In addition, the Administrator is
authorized to transfer funding between offices, but transfers
totaling more than three percent must be approved by both the
House and Senate Committees on Appropriations.
The conference agreement includes a provision, contained
in both bills, that would reimburse the Department of
Transportation's Inspector General $2,000,000 for costs
associated with audits and investigations of transit-related
issues. The conference agreement also includes a provision that
specifies the amount of funding available for the National
transit database to be not less than $2,200,000 for fiscal year
2004.
Administrative expenses.--Salaries and benefits have been
provided for all current on-board FTE at the Federal Transit
Administration. The request for an additional 10 FTE has been
denied, consistent with the Senate proposal. FTA has grown
unencumbered for some time, increasing by 18% in ten years, and
the conferees are troubled that FTA continues to seek new
employees every year in double-digit quantities. Many items
within the central account have been kept at levels consistent
with fiscal year 2003, as increases of over 50% were requested
in some instances, such as transportation and training.
In addition, this year FTA has submitted letters to the
Committees with important attachments missing; has approved a
reprogramming--and advised a Member of Congress of such
action--without requesting such change from the Committees on
Appropriations; and has been reluctant to provide information
in a responsive manner. The conferees will not tolerate the
continuation of these kinds of errors and demand that FTA
develop better procedures for improved internal coordination.
Budget justifications.--The conferees direct FTA to
submit its fiscal year 2005 congressional budget justification
for administrative expenses by office, as proposed by the House
and Senate, with material detailing salaries and expenses,
staffing increases, and programmatic initiatives of each
office.
Grants management.--The conferees are concerned with the
increasing number of projects that are not obligated in a
three-year period that consequently become available for
reallocation. At the same time, the House and Senate Committees
on Appropriations have heard a litany of complaints from
project sponsors of the lack of cooperation and assistance from
FTA during the grant application process and the amendment
process for full funding grant agreements. While the conferees
expect aggressive oversight from the agency, they will not
condone intimidation or dilatory bureaucratic obstacles that
needlessly delay the obligations of discretionary projects. FTA
should set new goals for the timing of grant obligations for
each discretionary category and strive to meet those goals.
In the event that FTA receives a request from a Member of
Congress regarding a reprogramming of funding for transit
projects in their district or state, FTA shall direct the
Member of Congress to the House and Senate Committees on
Appropriations to establish a resolution. The Committees shall
review the matter and notify FTA of the resolution.
Project and financial management oversight activities.--
The conferees direct FTA to submit to the House and Senate
Committees on Appropriations quarterly FMO and PMOC reports for
each project with a full funding grant agreement.
Full funding grant agreements (FFGAs).--TEA-21, as
amended, requires that the FTA notify the House and Senate
Committees on Appropriations as well as the House Committee on
Transportation and Infrastructure and the Senate Committee on
Banking sixty days before executing a full funding grant
agreement. In its notification to the House and Senate
Committees on Appropriations, the conferees direct the FTA to
include therein the following: (1) a copy of the proposed full
funding grant agreement; (2) the total and annual federal
appropriations required for that project; (3) yearly and total
federal appropriations that can be reasonably planned or
anticipated for future FFGAs for each fiscal year through 2004;
(4) a detailed analysis of annual commitments for current and
anticipated FFGAs against the program authorization; (5) an
evaluation of whether the alternatives analysis made by the
applicant fully assessed all viable alternatives; and (6) a
financial analysis of the project's cost and sponsor's ability
to finance the project, which shall be conducted by an
independent examiner and which shall include an assessment of
the capital cost estimate and the finance plan; the source and
security of all public- and private-sector financial
instruments; the project's operating plan, which enumerates the
project's future revenue and ridership forecasts; and a listing
of all planned contingencies and possible risks associated with
the project.
The conferees also direct FTA to inform the House and
Senate Committees on Appropriations thirty days before
approving scope changes in any full funding grant agreement, as
proposed by the House. Correspondence relating to scope changes
shall include any budget revisions or program changes that
materially alter the project as originally stipulated in the
full funding grant agreement, and shall include any proposed
change in rail car procurements.
The conferees have not included language, proposed by the
House, directing FTA to report to the House and Senate
Committees on Appropriations before any project in the new
starts process is given approval by FTA to advance to
preliminary engineering or final design. The conferees would
encourage FTA to ensure that the Committees are aware of
project development and progression, but do not require
official correspondence.
New starts report.--The conferees were satisfied with the
timely submission of FTA's fiscal year 2004 annual report on
new starts projects. TEA-21 required this report to be
submitted in conjunction with the budget, yet year after year,
this report was submitted months late. Without a timely
submission of this information, the conferees cannot make well-
informed decisions about new starts projects. To ensure that
this report continues to be submitted on time, the conference
agreement includes bill language that requires FTA to submit
its annual new starts report with the initial submission of the
President's budget request. An untimely submission of this
crucial report will result in penalties to FTA's administrative
expenses account.
Charter service activities.--The conferees direct FTA to
revisit Part 604 of Title 49 of the United States Code to
ensure that the statute continues to meet its purpose of
ensuring that federally funded equipment and facilities should
not be used to compete unfairly with private charter operators,
as proposed by theHouse. A report shall be submitted to the
House and Senate Committees on Appropriations no later then December
31, 2003, on FTA's efforts.
Buy America enforcement.--The conferees direct the Office
of Inspector General to review FTA's most recent
interpretations of manufactured components and subcomponents as
well as the use of temporary exemptions regarding domestic
content under the Buy America statute, as proposed by the
Senate. A report shall be submitted to the House and Senate
Committees on Appropriations no later than March 1, 2004.
Transit agency advertising.--The conferees are concerned
that transit agencies accepting Federal grant funds may be
providing their advertising space to organizations that
encourage the public to break the law. For example, the
conferees note with displeasure that public service advertising
space in Washington, DC's Metropolitan Area Transit Authority
rail stations and buses has been used to advocate changing the
nation's laws regarding marijuana usage. WMATA has provided
$46,250 worth of space to these types of ads; therefore, as a
warning to other transit agencies, the conferees have deleted
funding totaling $92,500 from projects and activities for WMATA
in this bill.
While the conferees applaud the efforts of many transit
agencies to prevent ads that promote marijuana use, the
conferees remain concerned that the opportunity exists
nationwide for transit properties to run similar advertising.
Therefore, the conference agreement includes a provision
(Section 177) that prohibits Federal transit grantees from
obligating or expending funds that would otherwise be available
in the Act, if the grantee is involved directly or indirectly
with any activity, including displaying or permitting to be
displayed advertisements on its land, equipment, or in its
facilities, that promote the legalization or medical use of
substances listed in schedule I of section 202 of the
Controlled Substance Act.
Formula Grants
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides a total program level
of $3,839,000,000 for formula grants of the Federal Transit
Administration, as proposed by both the House and Senate.
Within this total, the conference agreement appropriates
$767,800,000 from the general fund. The general fund
appropriation shall be available until expended. The FTA
oversight takedown shall not exceed the amount authorized in
current law.
The conference agreement provides that funding made
available under the clean fuels formula grant program under
this heading 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
The conference agreement provides a total of $6,000,000
for the university transportation research program as proposed
by both the House and the Senate. Of this amount, $1,200,000 is
from the general fund and shall be available until expended.
Transit Planning and Research
The conference agreement provides a total of $126,000,000
for transit planning and research. Within the total, the
conference agreement appropriates $25,200,000 from the general
fund. The general fund appropriation shall be available until
expended.
Within the funds appropriated for transit planning and
research, $5,250,000 is provided for rural transportation
assistance; $4,000,000 is provided for the National Transit
Institute; $8,250,000 is provided for the transit cooperative
research program; $60,385,600 is provided for metropolitan
planning; $12,614,400 is provided for state planning; and
$35,500,000 is provided for the national planning and research
program.
National planning and research.--Within the funding
provided for national planning and research, the Federal
Transit Administration shall make available the following
amounts for the programs and activities listed below:
Project ACTION (TEA-21)................................. $3,000,000
Advanced Transportation Technology Institute, Tennessee. 1,000,000
CALSTART/Weststart Bus Rapid Transit; Clean Mobility and
Transit Enhancements................................ 2,125,000
Center for Composite Manufacturing, Alabama............. 1,000,000
Center for Intermodal Transportation, Florida A&M
University.......................................... 750,000
Community Transportation Association of America's
National Joblinks Program........................... 1,000,000
Fischer-Tropsch clean diesel technology demonstration,
Oklahoma............................................ 1,000,000
Hennepin County Community Works, Minnesota.............. 1,200,000
Interior Air Quality Industrial Engine Control
Demonstration, Bristol, Virginia.................... 850,000
JSU Bus Technology Research Center...................... 1,000,000
National Bio-Terrorism Civilian Medical Response Center,
Pennsylvania........................................ 1,000,000
NDSU Transit Center for small urban areas, North Dakota. 400,000
North Carolina State University Center for
Transportation and the Environment.................. 100,000
NYU-Wagner Rudin Center Americas Mega City Project, New
York................................................ 75,000
Oklahoma Transportation Center.......................... 1,500,000
State University System of Florida Intermodal
Transportation Safety Initiative.................... 7,000,000
Transit Technology Center Ladder Partnership Training
Program............................................. 500,000
Vashon Island Passenger-Only Ferry Initiative,
Washington.......................................... 1,000,000
WVU exhaust emissions testing, West Virginia............ 1,400,000
Trust Fund Share of Expenses
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conference agreement provides $5,847,200,000 in
liquidating cash for the trust fund share of transit expenses.
Capital Investment Grants
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides a total program level
of $3,137,500,000 to remain available until expended for
capital investment grants.Within the total, the conference
agreement appropriates $627,500,000 from the general fund.
Within the total program level, $1,206,506,000 is
provided for fixed guideway modernization; $607,200,000 is
provided for the replacement, rehabilitation, and purchase of
buses and related equipment and the construction of bus-related
facilities; and $1,323,794,000 is provided for new fixed
guideway systems.
Three year availability of section 5309 discretionary
funds.--The conferees direct FTA to reprogram funds from
recoveries and previous appropriations that remain available
after three years and are available for reallocation to only
those new starts and bus and bus facilities projects that are
identified. The FTA shall notify the House and Senate
Committees on Appropriations 15 days prior to any such proposed
reallocation. Therefore, the conferees direct FTA to reallocate
funds provided in the fiscal year 2001 Department of
Transportation and Related Agencies Appropriations Act or
previous Acts for the following bus and bus facilities
projects, which shall supplement funding for bus and bus
facility projects listed in this report:
Woburn, buses and bus facilities, MA
Elizabeth Ferry Project, NJ
Greenport and Sag Harbor, ferries and vans, NY
Westchester and Duchess counties, vans, NY
Phoenixville, transit related improvements, PA
The conferees direct FTA to reallocate funds provided in
the fiscal year 2001 Department of Transportation and Related
Agencies Appropriations Act or previous Acts for the following
new starts projects:
Boston-South Boston Piers Transitway Project
Massachusetts North Shore Corridor Project
FTA restrictions on funding for non-FFGA new start
projects.--The conferees strongly support language proposed by
the Senate that rejects an FTA reinterpretation of Sections
5309(e)(6), (7), and (8) of Title 49, U.S.C. Through this
reinterpretation, FTA is withholding the release of
appropriated funds for new starts projects that have received
more than $25,000,000 in Federal funding prior to receiving a
full funding grant agreement. The conference agreement includes
a general provision that rejects the FTA analysis that once a
project exceeds $25,000,000 it is subject to FTA review and
evaluation and therefore FTA must approve it for advancement,
while withholding appropriated funds. Further, there is no
limit of $25,000,000 on alternatives analysis, preliminary
engineering, or final design, and a project seeking more than
that amount for such activities does not need an early systems
work agreement, as FTA has interpreted to be required under
subsection (g)(1). The conferees direct FTA to expeditiously
release previously appropriated funds for all new starts
projects identified in this and prior appropriations Acts that
remain unobligated and have not been reallocated by the
Congress, upon request of the grantee and the satisfaction of
statutory requirements.
Pooled procurement pilot project.--The conference
agreement includes a general provision establishing a pooled
procurement pilot program for bus procurements (Section 166),
as proposed by the Senate. FTA shall disseminate the benefits
of voluntary buyer collaboration to transit systems and review
upcoming and current procurements to determine suitable
candidates for selection as pilot projects. Additionally, the
FTA is directed to evaluate the process employed and the
results achieved by each pool and report the findings to the
House and Senate Committees on Appropriations no later than 60
days after the award of a contract.
Bus and Bus Facilities
Bus and bus facilities.--The conference agreement
provides $607,200,000, together with $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 merged with funding
under this heading, for the replacement, rehabilitation and
purchase of buses and related equipment and the construction of
bus-related facilities. No funding is made available to carry
out the clean fuels program in this Act. In addition, funds
made available for bus and bus facilities are to be
supplemented with funds from reallocated projects included in
the fiscal year 2001 Appropriations Act.
Funds provided for buses and bus facilities are
distributed as follows:
AC Transit Expansion Buses, California.................. $1,000,000
Access Enhancements to Sierra Madre Villa Gold Line
Station, California................................. 600,000
Adams County Transit Authority (ACTA) buses and bus
facilities, Pennsylvania............................ 20,000
Alabama A&M University Transit Loop, Alabama............ 1,500,000
Alabama Area Agencies on Aging Senior Van Replacement... 1,000,000
Alabama State Docks Intermodal Facility................. 9,500,000
Alameda Point Areil Transit Project, California......... 500,000
Alaska Mobility Coalition Bus Replacement............... 500,000
Alexandria After School Bus program, Virginia........... 75,000
Allegan County Transportation Services, Michigan........ 1,000,000
Allentown Intermodal Facility, Pennsylvania............. 2,500,000
Alternative Fuel Replacement Buses for Sun Tran, Arizona 500,000
Ames Maintenance Facility improvement, Iowa............. 1,000,000
AMTRAN Buses and Transit System Improvements,
Pennsylvania........................................ 200,000
Anaheim Resort Transit (ART), California................ 500,000
Anchorage Ship Creek Intermodal Facility, Alaska........ 2,000,000
Ann Arbor Fuel Cell Bus Project, Michigan............... 2,000,000
Ann Arbor Transit Authority Transit Center, Michigan.... 750,000
Antelope Valley Transit Authority Operations and
Maintenance Facility, California.................... 1,250,000
Arctic Winter Games buses and bus facilities, Alaska.... 1,500,000
Area Transit Authority buses and bus equipment,
Pennsylvania........................................ 2,500,000
Arkansas Statewide buses and bus facilities............. 4,750,000
Asheville Transit System Fleet Replacement, North
Carolina............................................ 300,000
Athens Clarke County Park Ride Project, Georgia......... 2,750,000
Audubon Area Community Services, Kentucky............... 100,000
Austin Capital Metro buses and bus facilities, Texas.... 3,000,000
Baldwin Park Downtown/Metrolink Parking Improvements,
California.......................................... 250,000
Baltimore Center Plaza, Maryland........................ 600,000
Barry County Transit replacement maintenance equipment,
Michigan............................................ 20,000
BARTA Fixed Route Bus and Paratransit Vehicle
Replacement, Pennsylvania........................... 2,600,000
BARTA Transit Facilities, Pennsylvania.................. 650,000
Bay Area Metropolitan Transportation Authority New and
Replacement Buses, Michigan......................... 250,000
Bay Area Transportation Authority Downtown Transfer
Center Construction and Bus Purchase, Grand Traverse
County, Michigan.................................... 1,000,000
Beaver County Transit Authority replacement buses and
equipment, Pennsylvania............................. 250,000
Belding bus replacement and communication equipment,
Michigan............................................ 40,000
Berkshire Regional Transit Authority (BRTA) Buses and
Fare Boxes, Massachusetts........................... 765,000
Berrien County Public Transportation, Michigan.......... 80,000
Billings Downtown Bus Transfer Facility, Montana........ 1,500,000
Birmingham Downtown Intermodal Facility phase II,
Alabama............................................. 3,500,000
Bloomington Transit, Bloomington, Indiana............... 720,000
Brattleboro Multimodal, Vermont......................... 2,000,000
Brazos County Bus Replacement Program, Texas............ 200,000
Bridgeport Intermodal Transport Center, Connecticut..... 4,000,000
Brockton Intermodal Transportation Centre, Massachusetts 1,000,000
Burbank Empire Area Transit Center, California.......... 750,000
Burlington Transit Facilities, Vermont.................. 2,500,000
Bus Rapid Transit Project, Virginia Street, Reno, Nevada 1,000,000
Bus Replacement, Brockton Area Transit Authority,
Massachusetts....................................... 2,000,000
Butler Multi-Modal Transit Center, Pennsylvania......... 1,000,000
Cadillac/Wexford Transit Authority buses, Michigan...... 75,000
Cadillac/Wexford Transit Authority Intermodal Facility,
Michigan............................................ 600,000
Calexico Transit System, California..................... 300,000
Cambria County Transit buses and facilities,
Pennsylvania........................................ 900,000
Capital Area Transit Buses, Pennsylvania................ 1,600,000
Capital District Transportation Authority (CDTA),
Rensselaer Intermodal Station, New York............. 250,000
Capital Metro Hybrid Electric Buses, Texas.............. 500,000
CATA, Lansing, Michigan................................. 1,000,000
Central New York Regional Transportation Authority...... 2,300,000
Central Ohio Transit Authority Facility................. 450,000
Central Oklahoma Transportation and Parking Authority... 1,820,000
Centre Area Transit Authority, Advanced Public
Transportation Systems Initiative, Pennsylvania..... 600,000
Cerone Operating Complex Improvements, California....... 500,000
Cerritos Circulator Buses, California................... 300,000
Chapel Hill Bus Maintenance Facility, North Carolina.... 1,000,000
Charlotte Area Transit System Transit Maintenance and
Operations Center, North Carolina................... 5,000,000
Chatham Area Transit Authority buses and bus facilities,
Georgia............................................. 6,000,000
Cherry Street Multi-Modal Facility, Terre Haute, Indiana 1,900,000
Cheyenne River Sioux Tribe public buses and bus
facilities, South Dakota............................ 2,250,000
Church Street Transportation Center, Williamsport,
Lycoming County, Pennsylvania....................... 250,000
Citrus County Enhancement Project for the Transportation
Disadvantaged, Florida.............................. 125,000
City Bus, Williamsport Bureau of Transportation,
Lycoming County, Pennsylvania....................... 1,000,000
City of Canby Transit Center, Oregon.................... 150,000
City of Columbia Transit Replacement, Missouri.......... 100,000
City of Corvallis Bus Replacement, Oregon............... 250,000
City of Greenville Multimodal Transportation Center
Improvements, South Carolina........................ 200,000
City of Macon Alternative Fuel Vehicle Purchase, Georgia 300,000
City of Wichita Transit Authority System Upgrades,
Kansas.............................................. 250,000
CityLink van and technology replacement, Abiline, Texas. 500,000
Clallam Transit Buses, Washington....................... 250,000
Clare County Transit Corporation Replacement Buses,
Michigan............................................ 100,000
Claremont Intermodal Transit Village Expansion Project,
California.......................................... 1,250,000
Clark County Transit, Bus Replacement Project,
Washington.......................................... 3,000,000
Clean Fleet Bus Purchase and Facilities, Virginia....... 1,000,000
Clinton Transit Bus Purchase, Michigan.................. 40,000
Clinton Transit Office, Missouri........................ 250,000
Coast Transit Authority, Mississippi.................... 500,000
Coconino County buses and bus facilities, Arizona....... 1,400,000
Coffman-Cove Inner Island Ferry/Bus Terminal, Alaska.... 1,500,000
Collegian Busway Improvements, California............... 200,000
Colorado Transit Coalition buses and bus facilities,
Colorado............................................ 14,000,000
Community Transit Bus and Van Replacement, Washington... 1,000,000
Connecticut Statewide buses and bus facilities.......... 3,000,000
Construction of new Intermodal Terminals in Downtown
Reno and Sparks, Nevada............................. 6,000,000
Coralville Intermodal Facility, Iowa.................... 500,000
Corona Transit Center, California....................... 700,000
Corpus Christi buses and bus facilities, Texas.......... 2,000,000
County Connection L.L.C., Midland County, Michigan...... 75,000
Cranberry Isles Intermodal Transportation Facility,
Maine............................................... 250,000
Cummings Research Park Commercial Center Intermodal
Facility, Alabama................................... 2,000,000
Curtis Ferry, Maine..................................... 750,000
Danville Hub-Gilcher Transit Facility/Parking Structure,
Kentucky............................................ 1,750,000
Danville Trolley Buses, Virginia........................ 175,000
Daviess County Parking Garage and Intra-County Transit
Facility, Kentucky.................................. 2,000,000
Davis Intermodal Facility, California................... 200,000
Dekalb County BRT Improvements, Georgia................. 1,500,000
Delaware Statewide bus and bus facilities............... 1,000,000
Detroit Bus Replacement, Michigan....................... 2,500,000
Detroit Downtown Transit Center, Michigan............... 7,000,000
Detroit Timed Transfer Center Phase II, Michigan........ 1,000,000
Downtown Transit Center, Nashville, Tennessee........... 2,000,000
Durham Multimodal Transportation Facility, North
Carolina............................................ 1,500,000
East Haddam Mobility Improvement Project, Connecticut... 3,000,000
East Side Transit Center, Cleveland, Ohio............... 1,000,000
Eastern Contra Costa County Park and Ride Lots,
California.......................................... 600,000
Ed Roberts Campus transit center, California............ 400,000
Edmonds Crossing Multimodal Transportation Terminal,
Washington.......................................... 2,000,000
El Garces Intermodal Station, Needles, California....... 1,900,000
El Paso Sun Metro Bus Replacement, Texas................ 1,000,000
Endless Mountain Transportation Authority, Bradford
County, Pennsylvania................................ 10,000
Erie Metropolitan Transit Authority Bus Acquisition,
Pennsylvania........................................ 100,000
Escondido Bus Maintenance Facility, California.......... 500,000
Eureka Intermodal Depot, California..................... 250,000
Everett Transit, Bus Replacement, Washington............ 1,000,000
Fairfax County, Richmond Highway Transit Improvements,
Virginia............................................ 700,000
Farmington buses and bus facilities, New Mexico......... 100,000
Fayette County Intermodal Transit Facility, Pennsylvania 400,000
Flagler Senior Services Transit Coaches, Florida........ 125,000
Flint buses and bus facilities, Michigan................ 2,500,000
Florida International University/University of Miami
University Transportation Center, Florida........... 400,000
Foothill Transit Oriented Neighborhood Program,
California.......................................... 2,500,000
Fort Edward Intermodal Station Interior Restoration/
Rehabilitation Project, New York.................... 300,000
Fort Lauderdale Tri-County Transit Authority fare
collection system, Florida.......................... 800,000
Fort Smith Transit Facility, Arkansas................... 750,000
Fort Wayne Citilink Bus Purchase, Indiana............... 400,000
Franklin Regional Transit Authority (FRTA) Bus,
Massachusetts....................................... 150,000
Fresno FAX Buses, Equipment, and Facilities, California. 1,200,000
Ft. Worth Transportation Authority Fleet Modernization
and Bus Transfer Centers, Texas..................... 1,500,000
Fulton County Transit Authority, Kentucky............... 150,000
Galveston Maintenance Facility Renovations, Texas....... 800,000
Georgia Statewide buses and bus facilities, Albany &
Rome................................................ 1,000,000
Girdwood Transportation Center, Alaska.................. 1,000,000
Golden Empire Transit Traffic Signal Priority,
California.......................................... 250,000
Grand Rapids Metropolitan Area multimodal surface
transportation center, Michigan..................... 1,550,000
Grant Transit Authority, Bus Facility, Washington....... 500,000
Grapevine Bus Purchase, Texas........................... 160,000
Grays Harbor Transportation Authority Capital
Improvement, Washington............................. 75,000
Great Falls Transit Authority Bus Replacement and
Facility Improvement, Montana....................... 300,000
Greater Dayton Regional Transit Authority, Ohio......... 750,000
Greater New Haven Transit District Fuel Cell and
Electric Bus Funding, Connecticut................... 1,500,000
Greater Ouachita Port and Intermodal Facility, Louisiana 1,250,000
GRTA buses and bus facilities, Georgia.................. 5,000,000
Hamilton Clean Fuels Bus Facility, Georgia.............. 1,000,000
Hampton Roads Transit Southside Bus Facility, Virginia.. 2,000,000
Harbor Transit Bus Replacement, Michigan................ 200,000
Harrisburg CorridorONE, Pennsylvania.................... 2,000,000
Harrisburg Intermodal Airport Multi-Modal Transportation
Facility, Pennsylvania.............................. 1,000,000
Harrison County multi-modal facilities and shuttle
service, Mississippi................................ 1,000,000
Harrison Intermodal Project, New Jersey................. 750,000
HART Bus Purchase, Florida.............................. 500,000
Hartford Downtown Circulator, Connecticut............... 1,375,000
Hattiesburg Intermodal Facility, Mississippi............ 3,000,000
Hawaii Statewide Rural Bus Program...................... 4,000,000
Hazleton Intermodal Public Transit Center, Pennsylvania. 1,750,000
Helena Transit Facility, Montana........................ 500,000
Hemet Transit Center/Bus Facility, California........... 312,000
Henderson Area Rapid Transit Authority, Kentucky........ 15,000
High Point Project Terminals, North Carolina............ 800,000
Holland Macatawa Area Express (MAX), Michigan........... 600,000
Honolulu Bus and Paratransit Replacement Program, Hawaii 10,000,000
Honolulu Middle Street Intermodal Center, Hawaii........ 3,000,000
Howard Boulevard Intermodal Park & Ride, New Jersey..... 2,200,000
Hunt County Committee on Aging Transportation Facility,
Texas............................................... 400,000
Hunterdon County Intermodel Stations and Park & Rides,
New Jersey.......................................... 400,000
Huntsville Airport Phase III Intermodal Facility,
Alabama............................................. 3,500,000
Idaho Transit Coalition buses and bus facilities........ 4,000,000
Illinois Statewide buses and bus facilities............. 7,000,000
Indiana County Transit Authority/Bus Facility Expansion
and Renovation, Pennsylvania........................ 400,000
Indiana University Bloomington, Indiana................. 800,000
Indianapolis Downtown Transit Center, Indiana........... 3,500,000
Intelligent Transportation System for ITP The Rapid,
Michigan............................................ 600,000
Intercity Transit Bus Expansion and Replacement,
Washington.......................................... 1,000,000
Intermodal Facility, JIA, Mississippi................... 2,000,000
Intermodal Transit Facility for ULM, Louisiana.......... 1,000,000
Intermodal Transportation Hub Project, North Carolina... 150,000
Interstate 15 Managed Lanes BRT Capital Purchase,
California.......................................... 1,000,000
Iowa Statewide buses and bus facilities................. 6,600,000
Isabella County Transportation Commission Vehicle
Replacement, Michigan............................... 250,000
Jacksonville Transportation Authority, Bus and Bus
Facilities, Florida................................. 1,000,000
Jacobi Transportation Facility, New York................ 800,000
Jamaica Intermodal Facilities, Queens, New York......... 400,000
Jasper Bus Replacement, Alabama......................... 40,000
JATRAN vehicles for disabled and elderly, Mississippi... 250,000
Jefferson City Transit System, Missouri................. 300,000
Jefferson Transit bus purchase, Washington.............. 200,000
Jefferson Transit Facilities, Washington................ 1,000,000
Johnson County Nolte Transit Center, Kansas............. 250,000
Johnson County Transit Equipment and Transit Coach
Improvement, Kansas................................. 100,000
Kalamazoo County Human Services Care-A-Van, Michigan.... 75,000
Kansas City Area Transit Authority buses and bus
facilities, Kansas.................................. 1,700,000
Kansas Statewide buses and bus facilities............... 3,000,000
KCATA buses and bus facilities, Kansas.................. 3,000,000
Kearney RYDE Transit, Nebraska.......................... 1,000,000
Kent State University lntermodal Facility, Ohio......... 375,000
Kentucky Transportation Cabinet/Community Action Groups. 400,000
Key West bus and bus facilities, Florida................ 1,100,000
Kibios Area Transit System (KATS) maintenance facility
and vehicles, Oklahoma.............................. 650,000
King County Metro Clean Air Buses, Washington........... 5,000,000
Kitsap Transit Bus Replacement, Washington.............. 1,000,000
Knoxville Electric Transit Intermodal Center, Tennessee. 2,000,000
Lake Erie Transit Bus Storage Facility and Maintenance
Facility Expansion, Michigan........................ 1,000,000
Lakeland Area Mass Transit District Citrus Connection,
Florida............................................. 550,000
Lane Transit District, BRT Phase II, Coburg Road Phase
III, Oregon......................................... 2,000,000
Lansing Fixed Route Bus Replacement, ADA Paratransit
Small Bus Replacement, Maintenance, Administration
and Storage Facility Renovation and Expansion, CATA/
MSU Bus Way, Rural Small Bus Replacement, Michigan.. 1,500,000
Laredo Bus Facility, Texas.............................. 850,000
Las Cruces buses and bus facilities, New Mexico......... 375,000
Lebanon County Transit Authority, buses and bus related
facilities, Pennsylvania............................ 450,000
Lee County LeeTran Bus Replacement, Florida............. 200,000
Leesburg Train Depot Renovation and Restoration, Georgia 300,000
LETS Bus Replacement, Michigan.......................... 90,000
Levy County Improvement Project for the Transportation
Disadvantaged, Florida.............................. 200,000
Liberty County COA Bus Facility, Montana................ 50,000
Lincoln County Transportation, Bus Garage Facility,
Oregon.............................................. 200,000
Lincoln Park Museum Trolleys, Illinois.................. 600,000
Link Transit Vehicle Replacement, Wenatchee, Washington. 800,000
Livingston County Transportation Center, New York....... 400,000
Long Beach Transit buses and bus facilities, California. 1,000,000
Lorain Port Authority Lighthouse Shuttle and Black River
Water Taxi Project, Ohio............................ 200,000
Los Angeles County Circulator Buses, California......... 400,000
Los Angeles MTA buses, California....................... 4,000,000
Louisiana Statewide buses and bus facilities............ 5,500,000
Lowcountry Regional Transit Authority, South Carolina... 300,000
Lowell Regional Transit Authority Gallagher Intermodal
Transportation Center, Massachusetts................ 1,000,000
Lubbock/Citibus Buses, Texas............................ 1,500,000
Ludinton Mass Transportation Authority Bus Facility,
Michigan............................................ 250,000
Macon and Athens Multimodal Station, Georgia............ 1,600,000
Macon Multi-Modal Terminal Station, Georgia............. 1,500,000
Main Street project for downtown Buffalo, New York...... 650,000
Main Street Station Multimodal Transportation Center,
Virginia............................................ 1,500,000
Maine Statewide buses and bus facilities................ 1,250,000
Mammoth Lakes Bus Purchase, California.................. 800,000
Manistee County Transportation, Inc. Replacement Buses,
Michigan............................................ 30,000
Marquette County, Phase II--Transit Administrative,
Operations, Maintenance & Storage Facility, Michigan 1,000,000
MARTA Automated Fare Collection/Smart Card System,
Georgia............................................. 4,000,000
MARTA Buses, Georgia.................................... 6,000,000
Maryland Statewide buses and bus facility............... 7,500,000
Mason County Transportation Authority Capital
Improvements, Washington............................ 200,000
Mecosta Osceola County Area Transit Vehicle Replacement,
Michigan............................................ 200,000
Medical University of South Carolina Intermodal
Facility, South Carolina............................ 4,000,000
Memphis International Airport Intermodal Facility,
Tennessee........................................... 2,750,000
Mesa Operating Facility, Arizona........................ 2,000,000
Metro Area Transit (MAT) buses and bus facilities,
Omaha, Nebraska..................................... 2,000,000
Metro Transit buses and bus facilities, Minnesota....... 4,400,000
Metro Transit Turn Around at Taylor Landing Park,
Washington.......................................... 40,000
Miami Dade County System Enhancements, Florida.......... 1,000,000
Miami-Dade County buses, Florida........................ 1,000,000
Michigan Statewide buses and bus facilities............. 1,000,000
Mid County Transit Authority Kittanning, Pennsylvania... 400,000
Mid Mon Valley Transit Authority, Charleroi,
Pennsylvania........................................ 600,000
Minnesota District 8 Transit Vehicles and Transit Bus
Facilities.......................................... 800,000
Minnesota Transit buses and bus facilities, Minnesota... 1,672,000
Missouri Bus & Paratransit Vehicles--Rolling Stock...... 800,000
Missouri Statewide buses and bus facilities............. 8,000,000
Mobile Waterfront Terminal and Maritime Center of the
Gulf, Alabama....................................... 4,500,000
Modesto Bus Facility, California........................ 1,000,000
Montachusett Area Regional Transit (MART) buses and bus
facilities, Massachusetts........................... 2,000,000
Montclair State University Campus and Community Bus
System, New Jersey.................................. 700,000
Monterey-Salinas Transit Buses, California.............. 1,500,000
Montgomery Buses, New York.............................. 40,000
Morris County Intermodal Facilities and Park & Rides,
New Jersey.......................................... 3,000,000
Mountain Line Bus Replacement and Facility Improvements,
Montana............................................. 200,000
MTA/Long Island Bus clean fuel cell bus purchase, New
York................................................ 1,000,000
Mukilteo Lane Park and Ride, Washington................. 1,000,000
Multi-Modal Transportation Facility and Transit System
at Oklahoma State University, Oklahoma.............. 2,250,000
Muncie Transit System, Indiana.......................... 700,000
Myrtle Avenue Business Improvement District's Myrtle/
Wyckoff/Palmetto Transit Hub Enhancement, New York.. 500,000
Myrtle Beach Regional Multimodal Transit Center, South
Carolina............................................ 200,000
Nacogdoches Vehicle Replacement, Texas.................. 800,000
Nashville replacement of aged buses, Tennessee.......... 500,000
Nassau County, Hub Enhancements, New York............... 1,200,000
Nebraska Statewide Rural Automatic Vehicle Locating &
Comms. System....................................... 750,000
Nevada Rural Transit Vehicles and Facilities............ 500,000
New Castle Transit Authority replacement buses,
Pennsylvania........................................ 100,000
New Hampshire Statewide buses and bus facilities........ 4,500,000
Newark Penn Station Intermodal Improvements, New Jersey. 3,000,000
Newton Rapid Transit Handicap Access Improvements,
Massachusetts....................................... 300,000
Niagra Frontier Transportation Authority Metro buses and
bus facilities, New York............................ 1,600,000
Normal Multimodal Transportation Center and public
facilities, Illinois................................ 750,000
Norman buses and bus facilities, Oklahoma............... 3,000,000
North Bend Park and Ride, Washington.................... 600,000
North Carolina Statewide buses and bus facilities....... 6,250,000
North Charleston Regional Intermodal Transportation
Center, South Carolina.............................. 1,250,000
North Dakota Statewide buses and bus facilities......... 3,000,000
North Florida and West Coast Bus Procurement, Florida... 4,000,000
North Side Transfer Center Brownsville Urban System
(BUS), Texas........................................ 350,000
Northern Michigan buses and bus facilities.............. 500,000
Northern Oklahoma Regional Multimodal Transportation
System.............................................. 2,500,000
Northwest Corridor Busway, Minnesota.................... 3,000,000
Northwest Shoals Community College Transportation
Modernization, Alabama.............................. 450,000
NW 7th Avenue Transit HUB Improvements, Florida......... 1,000,000
OATS buses and bus facilities, Missouri................. 1,500,000
Oats Transportation Service of Southwest Missouri....... 70,000
Ohio Statewide buses and bus facilities................. 5,000,000
Oklahoma City Buses, Oklahoma........................... 2,250,000
Oklahoma Department of Transportation Transit Programs
Division............................................ 6,250,000
Old Bridge Intermodal Stations and Park & Rides, New
Jersey.............................................. 500,000
Omnitrans--Paratransit Vehicles, California............. 300,000
Oneont Bus Replacement, New York........................ 200,000
Orange Beach Senior Activity Center buses, Alabama...... 100,000
Orange County Transit Center Improvements, California... 325,000
Orange County Bus Rapid Transit, California............. 2,250,000
Orange County Bus Replacement, New York................. 1,250,000
Orange County Fare Collection System, California........ 1,000,000
Orange County Inter-County Express Bus Service,
California.......................................... 1,100,000
Over the Road Bus Accessibility, Intercity Bus
Accessibility Consortium, New York.................. 3,000,000
Paducah Area Transit Authority, Kentucky................ 40,000
Palm Beach County and Broward County Regional Buses,
Florida............................................. 1,000,000
Palm Beach Gardens Mass Transit Bus Shelters, Florida... 20,000
Palmdale Intermodal Facility Parking Lot Expansion,
California.......................................... 300,000
Palo Alto Intermodal Transit Center, California......... 750,000
Paoli Transportation Center, Pennsylvania............... 500,000
Peoria Bus Purchase, Illinois........................... 300,000
Perry County Intermodal Facility, Kentucky.............. 2,000,000
Phoenix/Glendale West Valley Operating Facility, Arizona 5,000,000
Phoenix/Regional Heavy Maintenance Facility, Arizona.... 1,000,000
Piedmont Authority for Regional Transportation (PART)
multimodal transportation center, North Carolina.... 1,100,000
Pierce Transit Maintenance and Operations facility,
Washington.......................................... 1,000,000
Pioneer Valley Transit Authority (PVTA) buses,
Massachusetts....................................... 2,500,000
Pittsburgh Water Taxi, Pennsylvania..................... 1,000,000
Pittsfield Intermodal Transportation Center,
Massachusetts....................................... 615,000
Port Authority of Allegheny County Buses, Pennsylvania.. 2,750,000
Port Authority of Allegheny County Clean Fuel Buses,
Pennsylvania........................................ 2,280,000
Port McKenzie Intermodal Facility, Alaska............... 1,000,000
Port of Anchorage Intermodal Facility, Alaska........... 3,000,000
Portland Bayside Parking Garage/Intermodal Facility,
Maine............................................... 250,000
Potomac and Rappahannock Transportation Commission,
Virginia............................................ 500,000
Public Transportation Management, Tyler/Longview, Texas. 350,000
Puerto Rico Metropolitan Bus Authority Replacement...... 500,000
Pulse Point Joint Development and Safety Improvements,
Norwalk, Connecticut................................ 500,000
Putnam County Transit Coaches for Ride Solutions,
Florida............................................. 1,200,000
Ray County Transportation vehicle replacement, Missouri. 80,000
Red Cross Wheels, Kentucky.............................. 80,000
Redondo Beach Catalina Transit Terminal, California..... 800,000
Regional Transit Project for Quitman, Clay, Randolph and
Stewart Counties, Georgia........................... 500,000
Reseda Boulevard Bus Rapid Transit Project Capital
Improvement, California............................. 250,000
Richmond Highway Public Transportation Initiative,
Virginia............................................ 3,000,000
RIPTA Buses and Vans, Rhode Island...................... 4,000,000
RIPTA Facilities Upgrade, Rhode Island.................. 400,000
Riverside Transit Agency, Automatic Traveler Information
System (ATIS), California........................... 75,000
Riverside Transit Agency, Bus Rapid Transit Investment,
California.......................................... 500,000
Riverside Transit Agency, Transit Center, California.... 1,000,000
Rochester Central Bus Terminal, New York................ 5,500,000
Rock Island County Mass Transit District (Metrolink)
transit facility, Illinois.......................... 500,000
Rome Intermodal Station Restoration, New York........... 1,250,000
Ronstadt Transit Center Modifications, Arizona.......... 3,000,000
Roseville Multitransit Center, California............... 500,000
RTC Central City Intermodal Transportation Terminal, Las
Vegas, Nevada....................................... 500,000
Sacramento Regional Bus Expansion, Enhancement, and
Coordination Program, City of Auburn, California.... 100,000
Sacramento Regional Bus Expansion, Enhancement, and
Coordination Program, City of Lincoln, California... 500,000
Sacramento Regional Transit District, Bus Maintenance
Facility, California................................ 500,000
Salem Area Transit, Bus Replacement, Oregon............. 600,000
San Antonio VIA Metropolitan Transit buses and bus
facilities, Texas................................... 5,000,000
San Fernando Local Transit System, California........... 300,000
San Francisco Muni buses and bus facilities, California. 4,000,000
San Joaquin RTD buses and bus facilities, California.... 250,000
San Mateo County Transit District Zero-Emission buses,
California.......................................... 900,000
Sanilac County bus facility, Michigan................... 100,000
Santa Barbara Metropolitan Transit District Electric Bus
Investment, California.............................. 300,000
Santa Clara Valley Transportation Authority Zero-
Emission Buses, California.......................... 300,000
Sawmill Creek Intermodal Facility, Alaska............... 2,000,000
Schlow Library Bus Depot, State College, Pennsylvania... 800,000
Schuylkill Transportation System, buses and bus
facilities, Pennsylvania............................ 1,000,000
Senior Services of Northern Kentucky buses and bus
facilities, Kentucky................................ 250,000
SEPTA Bucks County Intermodal Facility Improvements,
Pennsylvania........................................ 3,500,000
SEPTA Hybrid Buses, Pennsylvania........................ 800,000
SEPTA Norristown Intermodal Facility, Pennsylvania...... 3,000,000
Shiawassee Transportation Center and replacement buses,
Michigan............................................ 40,000
Shreveport Intermodal Bus Facility, Louisiana........... 700,000
Small Urban and Rural Transit Center, North Dakota...... 400,000
Smithtown Senior Citizen Center Bus Replacement, New
York................................................ 200,000
Snohomish County Community Transit Park and Ride Lot
Expansion Program, Washington....................... 2,000,000
Somerset County Transportation System Maintenance
Facility, Pennsylvania.............................. 160,000
Sonoma County Transit CNG Buses, California............. 500,000
Sound Transit Regional Express Transit Hubs, Washington. 2,000,000
South Amboy Regional Intermodal Transportation
Initiative, New Jersey.............................. 1,000,000
South Bend TRANSPO Bus Facilities, Indiana.............. 1,000,000
South Carolina Statewide Transit Facilities Construction
Project............................................. 1,000,000
South Carolina Statewide Transit Vehicles............... 4,000,000
South Clackamas Transit, Molalla, Oregon................ 100,000
South Dakota Statewide buses and bus facilities......... 2,000,000
South East Texas Transit Facility Improvements and Bus
Replacements........................................ 250,000
South San Fernando Valley Park and Ride facility
expansion, California............................... 300,000
Southeast Arkansas Area Agencies on Aging buses and bus
facilities, Arkansas................................ 320,000
Southeast Missouri Bus Service Capital Improvements..... 1,500,000
Southern and Eastern Kentucky buses and bus facilities.. 1,550,000
Southern Maryland Commuter Bus Initiative............... 4,500,000
Southern Minnesota Transit Facilities................... 30,000
Southern Minnesota Transit Vehicles..................... 375,000
Southwest Missouri State University Transfer Facility,
Missouri............................................ 2,500,000
Sparks and Reno Bus and Bus Facilities, Nevada.......... 150,000
Spring Valley Multi-Modal Center, California............ 600,000
Springfield Bus Purchase, Illinois...................... 300,000
Springfield Station, Oregon............................. 4,000,000
Springfield Union Station Intermodal facility
redevelopment, Massachusetts........................ 4,500,000
St. Augustine Intermodal Transportation and Parking
Facility, Florida................................... 550,000
St. Bernard Parish Intermodal Facilities, Louisiana..... 500,000
St. Cloud Buses, Minnesota.............................. 100,000
St. George Ferry Terminal Reconstruction, New York...... 2,250,000
St. Johns County Council on Aging Administrative
Facility, Florida................................... 200,000
St. Johns County Council on Aging Passenger Amenities,
Florida............................................. 40,000
St. Johns County Council on Aging Transit Coaches,
Florida............................................. 350,000
St. Joseph County Transit, Michigan..................... 35,000
St. Louis Downtown Shuttle/Trolley Equipment, Missouri.. 250,000
St. Louis METRO buses and bus facilities, Missouri...... 1,250,000
St. Tammany Park and Ride, Louisiana.................... 400,000
Suburban Mobility Authority for Regional Transportation
(SMART) buses and bus facilities, Michigan.......... 4,500,000
Suffolk County Transit Buses, New York.................. 1,900,000
SunLine Transit Agency Clean Fuels Mall Facility and
Hydrogen Infrastructure Expansion, California....... 450,000
TalTran buses and bus facilities, Florida............... 700,000
TalTran Intermodal Facility, Florida.................... 500,000
Temecula Transit Center, California..................... 800,000
Tempe Downtown Transit Center, Arizona.................. 500,000
Tempe/Scottsdale East Valley Facilities, Arizona........ 4,000,000
Tennessee Statewide buses and bus facilities............ 6,500,000
Terminal Station Multi-Modal Roof Rehabilitation,
Georgia............................................. 338,000
The Banks Intermodal Facility, Cincinnati, Ohio......... 3,500,000
The District-Bryan Intermodal Transit Terminal/Parking
Facility & Pedestrian Improvements, Texas........... 400,000
The Woodlands Capital Costs, Texas...................... 350,000
The Woodlands Park and Ride Expansion, Texas............ 275,000
Tillamook County Transit, Maintenance Facility, Oregon.. 200,000
Tompkins County Bus Facilities, New York................ 400,000
Topeka Transit buses and bus facilities, Kansas......... 500,000
Transit Authority of Northern Kentucky Bus Replacement,
Kentucky............................................ 2,000,000
Transit Authority of River City buses and bus
facilities, Kentucky................................ 2,500,000
Transit Authority of Warren County Intermodal Bus
Facility, Pennsylvania.............................. 1,500,000
Transit First Implementation, Chula Vista, California... 400,000
Transportation Authority of the River City (TARC) bus/
trolley replacement, Kentucky....................... 2,500,000
Transportation Authority of the River City (TARC)
expansion facility, Kentucky........................ 800,000
Trenton Intermodal Station, New Jersey.................. 750,000
Tri-Met Regional Bus Replacement, Oregon................ 650,000
Troy State University Bus Shuttle Program, Troy, Alabama 1,500,000
Truckee Replacement Buses, California................... 75,000
Tucson Alternative Fuel Replacement Buses, Arizona...... 3,600,000
Tulsa Transit Bus Replacement Program, Oklahoma......... 4,500,000
Tulsa Transit Paratransit Buses, Oklahoma............... 750,000
UCHRA Capital Improvements, Tennessee................... 600,000
Ulster County Area Transit Buses, New York.............. 40,000
UNI Multimodal Project, Iowa............................ 3,500,000
Unified Government of Kansas City bus replacement,
Kansas.............................................. 350,000
Union County Union/Snyder Transportation Alliance
(USTA), Pennsylvania................................ 500,000
Union Depot Multi-modal Transportation Hub, Minnesota... 750,000
Union Station Renovations, Utica, New York.............. 750,000
University of Delaware Fuel Cell Bus Project, Delaware.. 1,750,000
UTA Transit ITS, Upgrades, Utah......................... 250,000
Utah Statewide buses and bus facilities................. 6,000,000
Utah Statewide Intermodal Centers....................... 4,000,000
VanBuren Public Transit, Michigan....................... 18,000
Ventura County CNG Fueling Station and Facility Pavement
Replacement, California............................. 400,000
Vermont Alternative Fuel Station and Buses, Vermont..... 500,000
Vermont, Bus Upgrades................................... 800,000
Village of Pleasantville, Handicapped Ramp, New York.... 48,000
Village of Pleasantville, Memorial Plaza, New York...... 200,000
Virgin Islands Transit (VITRAN) Buses................... 500,000
Visalia Bus Operations and Maintenance Facility,
California.......................................... 1,000,000
VOTRAN Public Transit System Buses, Florida............. 750,000
Washington State Small Bus System Program of Projects... 3,799,000
West Palm Beach Trolley Buses, Florida.................. 800,000
West Side Transit Facility Albuquerque Transit
Department, New Mexico.............................. 2,000,000
West Virginia Statewide buses and bus facilities........ 4,000,000
Westchester County Bee Line Bus Replacement, New York... 2,750,000
Western Gateway Transportation Center Intermodal
Facility, Schenectady, New York..................... 400,000
Western Kentucky University Bus Shuttle System, Kentucky 2,500,000
Westmoreland County Transit Authority (WCTA) Bus
Replacement, Pennsylvania........................... 900,000
Whitehall Inter-Modal Terminal of the Staten Island
Ferry Reconstruction, New York...................... 800,000
Wilsonville Park and Ride, Oregon....................... 300,000
Winston-Salem Union Station, North Carolina............. 1,300,000
Winter Haven Transit Terminal, Florida.................. 350,000
Wisconsin, Statewide buses and bus facilities........... 15,000,000
WMATA Bus Fleet, Washington, DC......................... 750,000
WMATA Buses, Maryland................................... 600,000
Wright Stop Plaza, Dayton, Ohio......................... 1,500,000
Wyandanch Intermodal Transit Facility, New York......... 400,000
Wyoming Statewide buses and bus facilities.............. 2,000,000
York County Transit Authority (YCTA) buses and bus
facilities, Pennsylvania............................ 100,000
Zanesville Bus System Improvements, Ohio................ 20,000
San Dieguito Transportation Cooperative, California.--
Amounts made available from fiscal year 2002 for the San
Dieguito Transportation Cooperative, California, shall instead
be distributed to the North County Transit District,
California, for initial design and planning for a new
intermodal center, as proposed by the House.
Cambria County, Pennsylvania.--Amounts made available
from fiscal year 2003 for the Cambria County operations and
maintenance facility, Pennsylvania, shall be distributed to the
Johnstown Inclined Plane visitor's center, Pennsylvania, as
proposed by the House.
Hollister-Gilroy Caltrain Extension Project,
California.--Amounts made available from fiscal year 2001 for
the Hollister-Gilroy Caltrain Extension Project, California,
shall be distributed to the Caltrain San Francisco-San Jose-
Gilroy service to Pajoar, Castroville, and Salinas in Monterey
County, California, as proposed by the House.
Somerset County, Pennsylvania.--Amounts made available
from fiscal year 2002 for the Somerset County Transportation
System buses, Pennsylvania, shall be distributed to Somerset
County Accessible Raised Roof Vans ($90,000) and to Somerset
County bus and bus facilities ($146,000), Pennsylvania, as
proposed by the House.
Community Medical Centers, California.--Amounts made
available from fiscal year 2001 for the Community Medical
Centers Intermodal Facility, Fresno, California, shall be
available for the City of Fresno for the same project, as
proposed by the House. The availability of funds is extended
for one year.
Illinois statewide buses.--The conference agreement
provides $7,000,000 to the Illinois Department of
Transportation (IDOT) for bus and bus facilities grants. The
conferees expect IDOT to provide at least $3,500,000 for
downtown Illinois replacement of buses in Bloomington,
Champaign-Urbana, Decatur, Madison County, Peoria, Quincy,
RIDES, River Valley, Rockford, Rock Island, South Central
Illinois MTD, and Springfield. Further, the conferees expect
IDOT to provide appropriate funds for bus facilities in
Bloomington, Galesburg, Rock Island, and Metro Link's bus
maintenance facility in St. Clair County.
Washington statewide small transit systems, bus and bus
facilities.--The conference agreement provides $3,799,000 to
the Washington State Department of Transportation (WSDOT) for
bus and bus facilities grants. The conferees expect WSDOT to
fund the following projects: (1) $688,000 Clallam Transit; (2)
$103,000 Columbia County Public Transportation (CCPT); (3)
$144,000 Grays Harbor Transportation Authority; (4) $1,094,000
Island Transit; (5) $416,000 Jefferson Transit; (6) $480,000
Mason County Transportation Authority; (7) $88,000 Pullman
Transit; (8) $108,000 Twin Transit; and (9) $708,000 Valley
Transit, as proposed by the Senate.
Civil Rights Trail Trolleys.--Amounts made available in
fiscal year 2001 for the Montgomery Civil Rights Trail Trolleys
shall instead be distributed to the City of Montgomery's Rosa
Parks bus project, as proposed by the Senate. The availability
of funds is extended for one year.
Vermont buses.--Amounts made available in fiscal year
2001 for Central Vermont Transit Authority Wheels
Transportation Services shall be distributed to the Vermont
Agency of Transportation, as proposed by the Senate. The
availability of funds is extended for one year.
Reno, Nevada, bus projects.--Amounts made available for
Bus Rapid Transit, South Virginia Street--Reno ($1,950,000,
fiscal year 2003) and Reno Suburban transit coaches ($500,000,
fiscal year 2002) shall be made available for Reno/Sparks
intermodal transportation terminals, as proposed by the Senate.
Falls Church Bus Rapid Transit terminus, Virginia.--Funds
made available for Falls Church Bus Rapid Transit terminus,
Virginia, for fiscal year 2001 shall be made available to the
City of Falls Church to purchase three 30-foot buses to provide
shuttle service from temporary parking lots during the
construction of a parking garage at the West Falls Church
Metrorail station. Once the garage is completed, the buses will
be used to provide feeder service to the West Falls Church
Metrorail station. The availability of funds is extended for
one year.
Eastchester, Metro North Facilities, New York.--Amounts
made available in fiscal year 2001 for Eastchester, Metro North
Facilities, New York shall instead be distributed to the Bronx
Zoo Intermodal Transportation Facility, New York. The
availability of funds is extended for one year.
Westbrook, Intermodal Facility, Maine.--Amounts made
available in fiscal year 2003 for Westbrook, Intermodal
Facility, Maine shall instead be distributed to State of Maine,
Statewide Buses.
New Starts
New starts.--The conference agreement provides
$1,323,794,000, for new fixed guideway systems. In addition,
funds made available for new starts are to be supplemented with
$4,514,482 from reallocated projects included in the fiscal
year 2000 and 2001 Appropriations Acts under ``Federal Transit
Administration, job access and reverse commute grants''.
Alternatives analysis review.--The conferees are
concerned that sufficient weight and review are not being given
to the earliest stage of new starts projects, namely the
alternatives analysis undertaken by local communities.
Therefore, the conferees direct FTA to ensure that alternative
modes and/or alignments analyzed as part of the metropolitan
planning process fully support the selection of projects
forwarded to FTA for proposed new starts funding. Specifically,
the alternatives analysis made by applicants must fully weigh
viable alternatives and ensure that quantitative measures are
used in choosing the locally preferred alternative. The
conferees direct FTA to report to the House and Senate
Committees on Appropriations on how the agency will undertake
this direction, as well as recommendations, that include
statutory changes if necessary, for improving the alternatives
analysis process to improve planning at the onset. The report
is due by March 1, 2004.
Ratings for new starts criteria.--The conferees are also
concerned that FTA may have changed their new starts ratings
criteria, specifically the new ``time savings per rider''
measure, hastily. Therefore, the conferees direct FTA to
revisit the issue of the abolition of the ``cost-per-new-
rider'' measure. FTA shall report to the House and Senate
Committees on Appropriations on the justification for the
elimination of that rating, as well as the reasoning for the
new ``time savings per rider'' implementation.
Within this report, FTA should also detail other
characteristics that may be useful in evaluating new start
projects, particularly traffic congestion relief. FTA should
include suggestions for how these criteria could be
quantitatively measured and rated in the annual new starts
report. This report shall be submitted to the House and Senate
Committees on Appropriations by February 16, 2004.
The conference agreement provides for the following
distribution of funding for new fixed guideway systems:
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, Metro 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
Cleveland, Ohio, Euclid Corridor Transportation Project 11,000,000
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
Ft. 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, South Transit Central Link Initial
Segment............................................. 75,000,000
South Shore Commuter Rail Service capacity enhancement,
Indiana............................................. 1,000,000
Stamford, Connecticut, Urban Transitway & Intermodal
Transportation Center Improvements.................. 4,000,000
Tren Urbano Rapid Transit System, San Juan, Puerto Rico 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
Yarmouth to Auburn Line, Maine......................... 1,000,000
VRE Parking Improvements, Virginia.--The conference
agreement includes $3,000,000 for VRE Parking Improvements in
Virginia. The conferees direct that of the funds provided, not
less than $1,250,000 shall be for improvements to the Manassas
Old Town VRE Parking Center, Virginia.
Utah program of projects.--The conference agreement
includes a provision (Section 171) that amends the Federal
Transit Act of 1998 (Public Law 105-178; 112 Stat. 338) by
creating section 3042, which provides for the coordinated
development and governmental funding for Utah transportation
projects. Subsection (a) directs FTA and FHWA to work with the
Utah Transit Authority and the Utah Department of
Transportation to coordinate preconstruction and construction
of the regional commuter rail project and the northern segment
of I-15 reconstruction located in the Wasatch Front corridor
extending from Brigham City to Payson, Utah. Subsection (b)
defines a program of related projects for purposes of
determining and allocating the governmental and nongovernmental
share of project costs. This subsection permits federal funds
that may remain after completion of the Medical Center
Extension to be allocated to a vehicle and storage track
extending from the Delta Center; permits use of the value of
the purchase of the regional commuter rail right-of-way from
Brigham City to Payson, Utah, to be used for the
nongovernmental share of the Weber County to Salt Lake City
segment; permits the purchase and rehabilitation of rail
vehicles with non-governmental funds for use on one project to
be counted toward the nongovernmental share of another project;
and permits crediting non-matched funding for the northern
segment of I-15 reconstruction to the non-governmental share of
the regional commuter rail project.
Job Access and Reverse Commute Grants
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement includes a total program level
of $125,000,000 for job access and reverse commute grants, as
proposed by the Senate. Within this total, $25,000,000 is
derived from the general fund. Within the funds provided,
$20,000,000 is transferred and merged with funding under
``Federal Transit Administration, capital investment grants''.
The conference agreement includes a provision that provides
that up to $300,000 of the funds appropriated under this
heading may be used for technical assistance, technical
support, and performance reviews of the job access and reverse
commute grants program, as proposed by the Senate.
Funds appropriated for the job access and reverse commute
grants program are to be distributed as follows:
AC Transit CALWorks Welfare to Work, California........ $1,499,000
Access to Healthcare for Children--Children's Health
Fund, Tennessee..................................... 375,000
ADA Mobility Planning, Wichita, Kansas.................. 365,000
Akron Metro Regional Transit Authority Job Access and
Reverse Commute Program, Ohio....................... 300,000
Alabama Disabilities Advocacy Program (ADA) Rural
Transportation Services, Alabama.................... 500,000
Bay Area Transit, Virginia............................. 200,000
Bedford Ride, Virginia.................................. 60,000
Bowling Green Housing Authority Reverse Access Commute,
Kentucky............................................ 300,000
Broome County Transit, New York........................ 100,000
Capital District Transportation Authority JARC, New York 500,000
Central New York Regional Transportation Authority JARC 400,000
Central Ohio Transit Authority JARC, Ohio.............. 500,000
Chatham Area Transit Job Access Reverse Commute (JARC),
Georgia............................................. 1,000,000
Chautauqua County Job Access/Reverse Commute Project,
New York............................................ 100,000
Cheyenne River Sioux Tribe Public Bus System, South
Dakota.............................................. 250,000
Chittenden County Transportation Authority JARC
Program, Vermont.................................... 250,000
City of Hornell Job Access & Reverse Commute Program,
New York............................................ 100,000
City of Irwindale Senior Transportation Services,
California.......................................... 65,000
City of Poughkeepsie Underserved Population Bus
Service, New York................................... 100,000
CityLink public transportation services, Texas.......... 100,000
Community Transportation Association of America's
National Joblinks Program........................... 2,500,000
Connecticut Statewide JARC.............................. 3,250,000
Corpus Christi Welfare to Work Project, Texas........... 376,000
Craig Transit Service JARC Program, Alaska............. 50,000
Delaware Statewide Welfare to Work..................... 750,000
Detroit Job Access Reverse Commute, Michigan........... 1,600,000
Easter Seals West Alabama JARC Program, Alabama......... 1,000,000
El Paso Sun Metro Job Access, Texas..................... 775,000
Essex County Job Access/Reverse Commute Project, New
York................................................ 100,000
Flint Transit Job Access-Reverse Commute Program,
Michigan............................................ 750,000
Fort Smith Transit Job Access/Reverse Commute Program,
Arkansas............................................ 200,000
Franklin County Job Access/Reverse Commute Project, New
York................................................ 200,000
Galveston Job Access Reverse Commute Program, Texas..... 475,000
Georgetown, Washington, DC--Metro Connection........... 1,000,000
Grand Rapids/Kent County JARC, Michigan................ 1,200,000
Greater Cleveland Regional Transit Authority JARC
Program, Ohio....................................... 750,000
Guaranteed Ride Home, Santa Clarita, California......... 400,000
Holyoke Community Access to Employment and Adult
Education, Massachusetts............................ 75,000
I-405 Congestion Relief Project, Washington............. 2,000,000
Illinois Statewide JARC................................ 200,000
IndyGo IndyFlex Job Access and Reverse Commute Program,
Indiana............................................. 750,000
Iowa Statewide JARC.................................... 1,000,000
Jackson-Josephine JARC, Oregon......................... 200,000
Jacksonville Transportation Authority, Community
Transportation Coordinator Program, Florida......... 3,000,000
JARC MidAmerica Regional Council, Johnson County,
Kansas.............................................. 500,000
Jefferson County Job Access and Reverse Commute
Projects, Alabama................................... 3,000,000
Kansas City Job Access Partnership, Missouri............ 500,000
Key West, Florida, Job Access and Reverse Commute...... 500,000
Knox County Community Action Committee Transportation
Program, Tennessee.................................. 400,000
Knoxville Area Transit Job Access Service, Tennessee... 550,000
Lake Tahoe Public Transit Services JARC Project, Nevada 100,000
Link Transit JARC Program, Wenatchee, Washington........ 500,000
Lubbock Citibus Job Access Reverse Commute, Texas....... 230,000
Maine Statewide JARC.................................... 494,000
Maricopa Association of Governments Job Access/Reverse
Commute Grant Projects, Arizona..................... 1,750,000
Maryland Statewide JARC................................. 4,000,000
MASCOT Matanuska-Susitna Valley JARC Project, Alaska... 200,000
Mendocino Transit Authority Job Access Reverse Commute,
California.......................................... 100,000
Metro Link San Bernadino Platform Extension, California. 1,000,000
Metropolitan Access to Job Initiative, Fargo, North
Dakota, and Moorhead, Minnesota..................... 100,000
Metropolitan Council Job Access, Minnesota............. 500,000
Missouri Statewide JARC................................ 4,000,000
Mobility Coalition, Alaska............................. 500,000
Monroe County Job Access and Reverse Commute Program,
Tennessee........................................... 100,000
MTA Long Island Bus Job Access and Reverse Commute
Project, New York................................... 250,000
Nevada Statewide small urban and rural Job Access and
Reverse Commute..................................... 400,000
New Jersey Community Development Corporation
Transportation Opportunity Center, Paterson, New
Jersey.............................................. 300,000
New Jersey Statewide JARC............................... 4,750,000
New Mexico Statewide JARC............................... 600,000
New York Statewide JARC................................. 1,000,000
Niles/Trumbull Transit, Ohio............................ 200,000
North Country County Consortium, New York............... 5,000,000
North Oakland Transportation Authority, Michigan........ 150,000
North Pole Transit System JARC Program, Alaska.......... 75,000
Oklahoma Statewide JARC................................. 6,000,000
Oneida/Herkimer County Job Access/Reverse Commute
Project, New York................................... 100,000
Operation Ride DuPage, DuPage County, Illinois.......... 500,000
Orange County JARC, New York............................ 100,000
Pioneer Valley Access to Jobs and Reverse Commute
Program, Massachusetts.............................. 455,000
Port Authority of Allegheny County JARC, Pennsylvania... 3,644,000
Portland Region Jobs Access-Reverse Commute, Oregon..... 500,000
Ray Graham Association for People With Disabilities,
Illinois............................................ 125,000
Rhode Island Statewide JARC............................ 1,412,000
Rochester-Genesee Regional Transportation Authority
JARC, New York...................................... 750,000
Sacramento Region Job Access and Reverse Commute
Project, California................................. 1,500,000
Salem Area Transit JARC, Oregon........................ 400,000
San Antonio VIA Metropolitan Transit Authority JARC,
Texas............................................... 550,000
SEPTA JARC Program, Pennsylvania....................... 4,500,000
Seward Transit Service JARC Program, Alaska............ 200,000
Sitka Community RIDE, Alaska........................... 600,000
South East Texas Transit Facility Improvements and Bus
Replacements........................................ 300,000
Tennessee Statewide JARC............................... 5,750,000
Texas Colonias JARC Initiative......................... 2,400,000
Toledo Job Access/Reverse Commute, Ohio................ 350,000
Tompkins Consolidated Area Transit, New York........... 75,000
Topeka Metropolitan Transit Authority JARC, Kansas..... 700,000
Ulster County Area Transit Rural Feeder Service, New
York................................................ 50,000
Unified Government of Wyandotte County JARC, Kansas.... 1,375,000
Vanpooling Enhancement and Expansion Project, Washington 750,000
Vehicle Trip Reduction Incentives, Washington........... 1,000,000
Virginia Beach Paratransit Services, Virginia........... 200,000
Virginia Regional Transportation Association........... 200,000
Virginia Statewide Ways to Work......................... 1,000,000
VoxLinx Voice-Enabled Transit Trip Planner, Maryland.... 1,300,000
Washington Metropolitan Area Transit Authority JARC..... 1,000,000
Washington State Transit car-sharing job access......... 500,000
Ways to Work, California................................ 1,000,000
Ways to Work, Tarrant County, Texas..................... 300,000
West Memphis Transit Service, Arkansas.................. 250,000
West Virginia Statewide JARC............................ 1,000,000
Wisconsin Statewide JARC................................ 2,600,000
Worcester Regional Transit Authority JARC Projects,
Massachusetts....................................... 150,000
General Provisions--Federal Transit Administration
The conference agreement includes a provision (Section
160) exempting previously made transit obligations from
limitations on obligations.
The conference agreement includes a provision (Section
161) allowing funds for discretionary grants of the Federal
Transit Administration for specific projects, except for fixed
guideway modernization projects, not obligated by September 30,
2005, and other recoveries, to be used for other projects under
49 U.S.C. 5309, as proposed by both the House and Senate.
The conference agreement includes a provision (Section
162) allowing transit funds appropriated before October 2,
2002, that remain available for expenditure to be transferred,
as proposed by both the House and Senate.
The conference agreement deletes a provision included in
the House bill prohibiting funds for a light rail system in
Houston, Texas.
The conference agreement includes a provision (Section
163) permitting funds made available to Alaska or Hawaii for
ferryboats, ferry terminals, and ferry passenger service, and
limits to $3,000,000 the amount available to the state of
Hawaii to initiate and operate passenger ferryboat service
demonstration projects to test the viability of different
intra-island and inter-island ferry boat rates and technology,
as proposed by the Senate.
The conference agreement includes a provision (Section
164) allowing the Roaring Fork Transportation Authority,
Colorado, to expend previously appropriated funds on the
Roaring Fork Valley Bus Rapid Transit project, as proposed by
both the House and Senate.
The conference agreement includes a provision (Section
165) allowing unobligated previously appropriated new starts
funds to be spent notwithstanding any other provision of law,
as proposed by the Senate.
The conference agreement includes a provision (Section
166) establishing a pooled procurement pilot program for bus
procurements, as proposed by the Senate.
The conference agreement includes a provision (Section
167) allowing previously appropriated new starts funds for
Yosemite, California, to be obligated for buses or bus
facilities, as proposed by the Senate.
The conference agreement includes a provision (Section
168) modifying the calculation of the non-New Starts share of
funding for the San Francisco Muni Third Street Light Rail
Project, as proposed by both the House and Senate, and states
that if the new calculation is still a ``not recommended
rating'', funds provided may not be obligated, as proposed by
the House.
The conference agreement includes a provision (Section
169) allowing previously appropriated new start funds for
Cleveland Berea Red Line to be used for the Euclid Corridor
Transportation Project, as proposed by the Senate.
The conference agreement includes a provision (Section
170) allowing job access and reverse commute funds designated
to the Community Transportation Association of America (CTAA)
in the conference report accompanying the fiscal year 2003
Department of Transportation Appropriations Act to be available
to CTAA for authorized JARC projects or activities implemented
in the United States.
The conference agreement includes a provision (Section
171) amending the Federal Transit Act of 1998 (Public Law 105-
178; 112 Stat. 338) providing for the coordinated development
and governmental funding for Utah transportation projects.
The conference agreement includes a provision (Section
172) modifying the Federal share for the Charleston Area
Regional Transportation Authority under 49 U.S.C. 5307, as
proposed by the Senate.
The conference agreement includes a provision (Section
173) allowing the Pennsylvania Cumberland/Dauphin County
Corridor I to be an eligible recipient for activities under 49
U.S.C. 5307 and 5309, as proposed by the Senate.
The conference agreement includes a provision (Section
174) providing funding for the Memphis Medical Center light
rail extension project, as proposed by the Senate.
The conference agreement includes a provision (Section
175) allowing the Memphis-Shelby International Airport
intermodal facility to be eligible under ``Federal Transit
Administration, bus and bus facilities'', as proposed by the
Senate.
The conference agreement includes a provision (Section
176) allowing specific funds made available under the heading
``Federal Transit Administration, Formula Grants'' for fiscal
year 2004 to be available 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 transit operating costs of
equipment and facilities for services to elderly and persons
with disabilities, not to exceed $10,000,000 annually.
The conference agreement includes a provision (Section
177) prohibiting Federal transit grantees from obligating or
expending funds that would otherwise be available in the Act,
if the grantee is involved directly or indirectly with any
activity, including displaying or permitting to be displayed
advertisements on its land, equipment, or in its facilities,
that promotes the legalization or medical use of substances
listed in schedule I of section 202 of the Controlled Substance
Act.
Saint Lawrence Seaway Development Corporation
Operations and Maintenance
(HARBOR MAINTENANCE TRUST FUND)
The conference agreement includes $14,400,000 for the
Operations and Maintenance of the Saint Lawrence Seaway
Development Corporation as proposed by the Senate.
Capital Improvements.--The conferees are concerned about
the material condition of the U.S. Seaway lock infrastructure,
which is nearly 50 years old. Given the single-lock
configuration of the system, the conferees are concerned about
the potential impact of diminished structural integrity of the
U.S. locks upon system availability. The conferees direct the
Corporation to examine the capital improvement needs of the
Corporation including the need for replacing concrete at the
locks. The Corporation is encouraged to develop a long-term
capital improvement plan and present this to the House and
Senate Committeeson Appropriations along with the officially
submitted budget justification for fiscal year 2005.
MARITIME ADMINISTRATION
Maritime Security Program
The conference agreement includes $98,700,000 for the
Maritime Security Program as proposed by the House and Senate.
Operations and Training
The conference agreement includes $106,997,000 for
MARAD's Operations and Training account, instead of
$105,879,000 as proposed by the House and $106,000,000 as
proposed by the Senate. The conference agreement allocates the
funds for Operations and Training as follows:
------------------------------------------------------------------------
Administration Conference
Activity request agreement\1\
------------------------------------------------------------------------
U.S. Merchant Marine Academy:
Salary and benefits............. $20,981 $23,600
Midshipmen program.............. 6,274 6,274
Instructional program........... 3,431 3,431
Program direction and 2,931 2,931
administration.................
Maintenance, repair, & operating 6,298 6,298
requirements...................
Capital improvements............ 13,000 13,500
Subtotal, USMMA............... 52,915 56,034
State Maritime Schools:
Student incentive payments...... 1,200 1,200
Direct schoolship payments...... 1,200 1,200
Schoolship maintenance and 7,063 8,063
repair.........................
Subtotal, State Maritime 9,463 10,463
Academies....................
MARAD Operations:
Base operations................. 37,425 36,000
Strategic ports evaluation and 0 500
provision......................
Enterprise architecture & IT 4,597 3,000
security upgrades..............
Marine security professional 0 1,000
training.......................
Subtotal, MARAD Operations.... 42,022 40,500
-----------------------------------
Subtotal, Operations and 104,400 106,997
Training.....................
------------------------------------------------------------------------
Base Ops Breakout.--The conferees direct MARAD to
comprehensively delineate the antecedent line item elements,
along with their associated, requested funding levels, that
encompass Base Operations within future, officially submitted
budget justifications to the House and Senate Committees on
Appropriations.
USMMA Salaries and Benefits.--Of the total provided for
this purpose, the conferees direct MARAD to devote at least
$1,600,000 to be used to alleviate some of the vacant,
personnel positions that are essential to the core mission of
the Academy.
USMMA Capital Improvements.--The conferees direct MARAD
to submit an updated addendum to the ten-year capital
improvement plan for the United States Merchant Marine Academy
no later than ninety days after enactment of this Act that
adjusts the original cost projections as per the revised scope
of work remaining to be completed.
SMS Schoolship M&R.--The conferees encourage MARAD to
follow the distribution of funds for Schoolship Maintenance and
Repair as delineated within the fiscal year 2004 budget
justification.
Maritime Security Professional Training.--In support of
Section 109 of the Maritime Transportation Security Act, the
conference agreement includes a one-time appropriation of
$1,000,000 to initiate maritime security training for any
federal, state, local, and private law enforcement or security
personnel as proposed by the House. The conferees expect MARAD
to coordinate with the state maritime academies, the U.S.
Merchant Marine Academy, and the Appalachian Transportation
Institute in the facilitation of this training. Furthermore,
the conferees encourage MARAD to seek assistance from the
Department of Homeland Security in the implementation of this
training.
Intermodal Efficiency.--The conferees direct MARAD to
report to the House and Senate Committees on Appropriations, no
later than 90 days after enactment of this Act, on the
performance of the intermodal system with respect to the
efficiency of the most congested ports. Within this report,
particular emphasis should be placed on summarizing the
performance of the 14 strategic commercial ports during the
military force build-up for Operation Iraqi Freedom and on
identifying the most glaring deficiencies of the intermodal
system as a whole. This report is to contain a thorough
comparison of the most congested ports in terms of operational
efficiency; identification of significant intermodal obstacles
associated with each port; and a summary of future actions
MARAD plans to take to address and improve the throughput of
cargo in America's ports. The conferees expect MARAD to work
with industry groups as well as the scientific community in the
completion of this study.
Additional Required Reports.--The conferees direct MARAD
to submit all reports as directed in the House report no later
than 45 days after enactment of this Act.
Ship Disposal
The conference agreement includes $16,211,000 for the
disposal of obsolete vessels of the National Defense Reserve
Fleet, instead of the $14,000,000 proposed by the House and
$18,422,000 as proposed by the Senate.
Maritime Guaranteed Loan Program
The conference agreement includes $4,498,000 for
administration expenses of the Maritime Guaranteed Loan Program
(Title XI) as proposed by the Senate. The conferees note
MARAD's cooperation with the Department of Transportation's
Inspector General (DOTIG) on the implementation of managerial
reforms of the Title XI program and are encouraged by the
progress towards certification of the maritime loan guarantee
process, as specified in P.L. 108-11.
Ship Construction
(RESCISSION)
The conference agreement includes a rescission of
unobligated balances totaling $4,107,056 from the dormant ship
construction account.
General Provisions--Maritime Administration
The conference agreement includes a provision (Section
180) authorizing MARAD to furnish utilities and services and
make necessary repairs in connection with any lease, contract,
or occupancy involving Government property under control of
MARAD, and allow payments received to be credited to the
Treasury.
The conference agreement includes a provision (Section
181) prohibiting obligations to be incurred during the current
fiscal year from the construction fund established by the
Merchant Marine Act, 1936.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
The conference agreement provides $46,441,000 for
research and special programs, instead of $47,018,000 as
proposed by the House and $42,516,000 as proposed by the
Senate. Within this total, $2,510,000 is available until
September 30, 2006, instead of $2,427,000 as proposed by the
House and $3,473,000 as proposed by the Senate.
The conference agreement permits up to $1,200,000 in fees
to be collected and deposited in the general fund of the
Treasury as offsetting receipts. Also, the conference agreement
includes language that permits funds received from states,
counties, municipalities, other public authorities and private
sources for expenses incurred for training, reports publication
and dissemination, and travel expenses incurred in the
performance of hazardous materials exemptions and approval
functions. The House and Senate proposed both of these
provisions.
Prior year funding decisions.--In House Joint Resolution
2 (Public Law 108-7), the Transportation and Related Agencies
Appropriations Act for fiscal year 2003, the Congress denied
certain funding in RSPA's budget request for the reason that
there were decreases that the Congress had taken in previous
Acts and RSPA was requesting that the Congress restore that
funding. RSPA has again undertaken this type of budgeting in
the fiscal year 2004 request. The conferees are strongly
dismayed at this trend, and direct RSPA and the Department of
Transportation Office of Budget and Policy to cease these types
of requests immediately.
Further, the conferees direct RSPA to implement
appropriate accounting procedures and budgetary tools to ensure
proper accounting and integrity of appropriated funds, as
proposed by the Senate. A report is due to the House and Senate
Committees on Appropriations ninety days after enactment of
this Act, detailing the measures that will be taken to address
these shortfalls and a timeline for implementation.
Office of Hazardous Materials
The conference agreement provides $23,675,000 for the
office of hazardous materials, instead of $23,558,000 as
proposed by the House and $22,814,000 as proposed by the
Senate. The following adjustments are made to the budget
estimate:
Reduce funding for requested hazmat positions and
associated administrative costs..................... -$494,000
Reduce funding to review and analyze transportation
regulations governing SNF and HLW................... -500,000
Reduce funding for restoration of fiscal year 2003
across-the-board cut................................ -149,000
New positions.--The conference agreement provides seven
new positions for the office of hazardous materials: one SNF/
HLW engineer, one SNF/HLW inspector, one SNF/HLW lawyer, and
four restoration positions in the wake of September 11th.
Office of Research and Technology
The conference agreement provides $2,507,000 for the
office of research and technology, instead of $2,193,000 as
proposed by the House and $2,394,000 as proposed by the Senate.
The following adjustments are made to the budget estimate:
Reduce funding for requested positions and associated
administrative costs................................ -$48,000
Reduce funding for hazardous materials and hydrogen fuel
research............................................ -200,000
Reduce funding for restoration of fiscal year 2003
across-the-board cut................................ -18,000
New positions.--The conference agreement provides one new
hydrogen fuel engineer position for the office of research and
technology.
Hydrogen fuels research.--Before new staff is hired, the
office of research and technology shall perform an assessment
on the safety and technology status of the infrastructure
supporting hydrogen fuels transportation. The report shall
include an analysis of what steps RSPA is taking to work with
the Department of Energy to ensure that all research related to
hydrogen fuels is complementary in order to maximize
investment. The report should be submitted to the House and
Senate Committees on Appropriations no later than February 1,
2004, and $50,000 is provided for necessary research.
Office of Emergency Transportation
The conference agreement provides $2,720,000 for the
office of emergency transportation, instead of $2,463,000 as
proposed by the House and $2,802,000 as proposed by the Senate.
The following adjustments are made to the budget estimate:
Reduce funding for requested positions and associated
administrative costs................................ -$514,000
Reduce funding for emergency transportation regional
equipment and training.............................. -250,000
Reduce funding for restoration of fiscal year 2003
across-the-board cut................................ -13,000
New positions.--The conference agreement provides seven
new positions for the office of emergency transportation: five
crisis management center positions and two full-time regional
RETCOs. In addition, the conferees encourage RSPA to utilize
flexibility to ensure that the regional emergency response
teams are adequately equipped, as proposed by the Senate.
Office of Program Management
The conference agreement provides $17,539,000 for the
office of program management, instead of $18,858,000 as
proposed by the House and $14,506,000 as proposed by the
Senate. The following adjustments are made to the budget
estimate:
Reduce funding for requested positions and associated
administrative costs................................ -$434,000
Reduce funding for infrastructure technology
modernization....................................... -859,000
Reduce funding for restoration of fiscal year 2003
across-the-board cut and TASC cut................... -320,000
New positions.--The conference agreement provides five
new positions for the office of program management; one
contracting specialist, one database manager, two IT staff, and
one support service specialist.
Infrastructure technology modernization.--Due to budget
constraints, the conference agreement reduces funding for
RSPA's IT upgrade by $859,000. The conferees direct RSPA to
keep the House and Senate Committees on Appropriations informed
of these extensive upgrades through biannual correspondence,
due in February and August, as proposed by the House.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The conference agreement provides a total of $66,305,000
for the pipeline safety program, instead of $64,054,000 as
proposed by the House and $67,612,000 as proposed by the
Senate. Within this total, $21,828,000 is available until
September 30, 2006, instead of $21,786,000 as proposed by the
House and $22,710,000 as proposed by the Senate.
Of this total, the conference agreement specifies that
$13,000,000 shall be derived from the Oil Spill Liability Trust
Fund and $53,305,000 from the Pipeline Safety Fund. The House
bill allocated $9,000,000 from the Oil Spill Liability Trust
Fund and $55,054,000 from the Pipeline Safety Trust Fund. The
Senate bill provided $17,183,000 from the Oil Spill Liability
Trust Fund and $50,429,000 from the Pipeline Safety Fund. The
following adjustments are made to the budget estimate:
Deny decreased funding for one-call grants.............. +$1,000,000
Reduce funding for requested positions and associated
administrative costs................................ -1,342,000
Reduce funding for restoration of fiscal year 2003
across-the-board cut................................ -581,000
New positions.--The conference agreement provides twelve
new positions for the office of pipeline safety: four natural
gas IMP inspectors, two State program manager liaisons, four
FERC inspectors, and two Alaska regulations specialists.
State one-call grants.--The conferees deny a proposed
decrease in one-call grants, as proposed by the House and
Senate, and have restored $1,000,000. The conferees feel
strongly that these grants are an important tool in reducing
the number of pipeline incidents.
Pipeline safety fund and oil spill liability trust
fund.--The conferees direct the Office of Pipeline Safety to
allocate oversight activities between the hazardous liquid and
gas pipelines and to factor the Oil Spill Liability Trust Fund
into the allocation formula that determines the hazardous
liquid pipeline user fee assessment to accurately reflect the
amount and type of oversight activities being conducted by the
office consistent with the Trust Fund. The fiscal year 2005
budget justification should adequately address this issue.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
The conference agreement provides $200,000 for emergency
preparedness grants as proposed by both the House and the
Senate. The conference agreement includes a limitation on
obligations of $14,300,000, consistent with both the House and
Senate proposals.
Office of Inspector General
SALARIES AND EXPENSES
The conference agreement includes $56,000,000 for the
Office of Inspector General.
Surface Transportation Board
SALARIES AND EXPENSES
The conference agreement provides a funding level of
$19,521,000 for the Surface Transportation Board to fund
salaries and expenses from a direct appropriation, as proposed
by both the House and Senate. The conference agreement includes
language as proposed by both the House and the Senate that
allows the Board to offset $1,050,000 of its appropriation from
fees collected during the fiscal year, for a total program
level of $18,521,000.
Union Pacific/Southern Pacific merger.--On December 12,
1997, the Board granted a joint request of Union Pacific
Railroad Company and the City of Wichita and Sedgwick County,
KS (Wichita/Sedgwick) to toll the 18-month mitigation study
pending in Finance Docket No. 32760. The decision indicated
that at such time as the parties reach an agreement or
discontinue negotiations, the Board would take appropriate
action.
By petition filed June 26, 1998, Wichita/Sedgwick and UP/
SP indicated that they had entered into an agreement, and
jointly petitioned the Board to impose the agreement as a
condition of the Board's approval of the UP/SP merger. By
decision dated July 8, 1998, the Board agreed and imposed the
agreement as a condition to the UP/SP merger. The terms of the
negotiated agreement remain in effect. If UP/SP or any of its
divisions or subsidiaries materially changes or is unable to
achieve the assumptions on which the Board based its final
environmental mitigation measures, then the Board should reopen
Finance Docket 32760 if requested by interested parties, and
prescribe additional mitigation properly reflecting these
changes if shown to be appropriate.
TITLE II--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $176,109,000 for
departmental offices of the Treasury Department instead of
$175,809,000 proposed by the House and $174,809,000 proposed by
the Senate. A table comparing the House bill, Senate bill, and
conference agreement follows:
----------------------------------------------------------------------------------------------------------------
Conference
House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
President's estimate......................................... $166,875,000 $166,875,000 $166,875,000
Adjustments to the estimate:
FY03 reductions not reflected in base:
FECA costs........................................... -27,000 -27,000 -27,000
Savings from prior year Congressional priorities..... -2,854,000 0 -2,854,000
Business strategy adjustment......................... -599,000 0 0
Unanticipated administrative cost increases.............. 6,399,000 5,800,000 6,100,000
Office of International Affairs.......................... 2,730,000 2,727,000 2,730,000
Office of Terrorist Financing & Financial Crimes......... 2,285,000 2,285,000 2,285,000
Certificate-based internet security initiatives.......... 1,000,000 0 1,000,000
Delete funding for Asian Dev Bank Conf & TPI............. 0 -2,851,000 0
--------------------------------------------------
Total.................................................. 175,809,000 174,809,000 176,109,000
----------------------------------------------------------------------------------------------------------------
A table comparing the conference agreement, by office, to
the budget estimate follows:
------------------------------------------------------------------------
Budget Conference
estimate agreement
------------------------------------------------------------------------
Economic Policy....................... $4,145,000 $4,145,000
International Affairs................. 25,151,000 27,881,000
Tax Policy............................ 13,955,000 13,955,000
Domestic Finance...................... 9,448,000 9,448,000
Terrorist Financing and Financial 0 2,285,000
Crimes...............................
Foreign Asset Control................. 21,855,000 21,855,000
Management and CFO Programs........... 14,275,000 14,275,000
Executive Direction................... 17,168,000 17,168,000
Treasury-Wide Financial Statement 3,393,000 3,393,000
Audits...............................
Administration........................ 57,485,000 61,704,000
---------------------------------
Total........................... 166,875,000 176,109,000
------------------------------------------------------------------------
Office of Foreign Assets Control.--The conference
agreement specifies not less than 120 full-time equivalent
(FTE) staff-years for this office, as proposed by the Senate.
Reports on travel.--Modifying a proposal of the House,
the conferees agree that quarterly reports are to be submitted
providing details on the international travel of departmental
employees.
Staffing in certain offices.--The conferees agree that
the department is limited to 19 FTE in the Office of
International Affairs, as proposed by the Senate, and 14 FTE
for the Executive Office of Terrorist Financing and Financial
Crimes, as proposed by the House.
Marketing of the new $20 currency note.--The conferees
acknowledge that some expenditure was necessary to market the
new $20 currency note to the public and to private businesses
both in the United States and abroad. However, the amount spent
by the Bureau of Engraving and Printing (BEP) for this purpose
was excessive, and far greater than similar efforts in the
past. Although BEP is self-financed through a revolving fund,
this does not absolve the bureau from being cost-efficient in
all of its operations. The conferees direct BEP to submit to
the House and Senate Committees on Appropriations, not later
than December 31, 2003, a report showing the baseline amount of
funds returned to the Treasury from their recurring operations
at the end of fiscal year 2003. The conferees further direct
BEP to manage its operations in a manner so that, by the end of
fiscal year 2005, that baseline amount has been increased by
$14,000,000. The Appropriations Committees will monitor this
situation annually to help ensure those targets are reached.
CyberShield.--The conferees are aware of efforts to
develop a public/private partnership which will develop best
practices in real-time detection and the creation of response
centers to protect existing financial services sectors from
next generation cyber attacks. The conferees encourage the
Department of the Treasury to work closely with the Department
of Homeland Security to support this important initiative.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENT PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $36,400,000 for
department-wide systems and capital investment programs,
instead of $36,653,000 as proposed by the House and $36,928,000
as proposed by the Senate. The bill includes language proposed
by the Senate restricting any of these funds for programs of
the Internal Revenue Service, which has its own capital
appropriation. The reduction from the budget estimate of
$528,000 is to be allocated against the HR Connect program.
HR Connect.--Including the $25,461,000 in this bill for
fiscal year 2004, the HR Connect project will have received
over $140,000,000 in appropriations since its beginning in
fiscal year 1998. Although the conferees remain committed to
this project, given its significant cost and scope, as well as
recent downsizing at the Treasury Department affecting program
requirements, the conferees direct the Secretary of the
Treasury to provide to the House and Senate Appropriations
Committees, within six months of enactment of this Act, a
status report on the project. The report should include, but
not be limited to, the following: (1) the original scope of
this effort and any changes to those initial requirements since
the beginning of the project in 1998; (2) accomplishments to
date on the development and implementation of new systems and
software, and the success in deploying those new systems across
Treasury bureaus; (3) the impact that these new systems have
had on overall human resource management processes of the
Department; (4) the savings, if any, that have resulted from
the implementation of HR Connect throughout the department thus
far; and (5) the additional funding necessary beyond fiscal
year 2004 to complete the project.
Office of Inspector General
SALARIES AND EXPENSES
The conference agreement includes $13,000,000 for
salaries and expenses of the Office of Inspector General,
instead of $12,792,000 proposed by the House and $12,687,000
proposed by the Senate.
Study on expanded use of blanks.--The conferees agree to
the study, proposed by the House, on the potential and cost-
effectiveness of expanded use of pre-made ``blanks'' by the
U.S. Mint in the production of circulating coins. However,
instead of using the U.S. General Accounting Office to complete
this study, as proposed by the House, the conferees agree that
the study should be performed by the Treasury Office of
Inspector General, and additional funding has been included for
this purpose. The report should be submitted to the House and
Senate Committees on Appropriations, and appropriate
legislative committees, not later than April 1, 2004.
Treasury Building and Annex repair and restoration
project.--The conferees note that since the first full year of
funding for this project in fiscal year 1998, $178,000,000 has
been appropriated for the project. This is in addition to the
$28,000,000 appropriated in fiscal year 1997 to undertake
immediate repairs resulting from fire damage to the Treasury
Building in 1996. As part of the conferees' ongoing oversight
of major capital projects, the conferees direct the Treasury
Inspector General to conduct an audit of all Treasury Building
renovation and restoration contracts since fiscal year 1998.
Such audit shall include, but need not be limited to: (1)
compliance with all applicable procurement laws, rules, and
regulations, and the Architectural Barriers Act of 1968, as
amended; (2) a review of the scope, requirements, and cost
reasonableness of the project, as well as the process for
managing change orders to the original scope and design; and
(3) the effectiveness, efficiency, and economy of contractor
operations. The audit shall be completed and submitted to the
House and Senate Committees on Appropriations within eight
months of enactment of this Act. Additional funding is provided
in this appropriation for completion of this audit.
Treasury Inspector General for Tax Administration
SALARIES AND EXPENSES
The conference agreement provides $128,034,000 as
proposed by both the House and the Senate.
Air Transportation Stabilization Program
The conference agreement provides $2,538,000 as proposed
by both the House and the Senate.
Treasury Building and Annex Repair and Restoration
The conference agreement provides $25,000,000 as proposed
by both the House and the Senate. The bill prohibits the
obligation of $7,000,000 for this program until completion of
the Inspector General audit described under ``Treasury Office
of Inspector General, salaries and expenses'' or until approval
in writing by the House and Senate Committees on
Appropriations.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The conference agreement provides $57,571,000 as proposed
by both the House and the Senate.
Financial Management Service
SALARIES AND EXPENSES
The conference agreement provides $228,558,000 as
proposed by both the House and the Senate.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The conference agreement provides $80,000,000 as proposed
by both the House and the Senate.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The conference agreement limits liabilities and
obligations from the Public Enterprise Fund to $40,652,000 as
proposed by both the House and the Senate. As previously
discussed, bill language proposed by the House relating to
aGeneral Accounting Office study of pre-made ``blanks'' has been
dropped in lieu of a study by the Office of Inspector General.
Bureau of the Public Debt
ADMINISTERING THE PUBLIC DEBT
The conference agreement provides $173,652,000 as
proposed by both the House and the Senate.
Internal Revenue Service
PROCESSING, ASSISTANCE, AND MANAGEMENT
The conference agreement provides $4,033,000,000 instead
of $4,037,834,000 as proposed by the House and $4,048,238,000
as proposed by the Senate. The conferees agree that the
reductions should encompass the proposed new initiatives for
fiscal year 2004. The bill specifies that up to $4,100,000 is
available for tax counseling for the elderly instead of
$4,250,000 as proposed by the House and $3,950,000 as proposed
by the Senate. Further, the bill provides up to $7,500,000 for
low-income taxpayer clinic grants instead of $8,000,000 as
proposed by the House and $7,000,000 as proposed by the Senate.
Report on certain accelerated depreciation benefits in
Oklahoma.--The conferees direct the IRS to provide a report to
the House and Senate Committees on Appropriations, not later
than 90 days following enactment of this Act, providing the
status and the total dollars of accelerated depreciation
available by special statute for investments on former Indian
land in Oklahoma, including the extent to which such
accelerated depreciation benefits are being used.
TAX LAW ENFORCEMENT
The conference agreement provides $4,196,000,000 instead
of $4,221,408,000 as proposed by the House and $4,172,808,000
as proposed by the Senate.
INFORMATION SYSTEMS
The conference agreement provides $1,590,962,000 as
proposed by the Senate instead of $1,628,739,000 as proposed by
the House. Of the total amount provided, $200,000,000 is
available for obligation for two years as proposed by the
Senate, instead of $165,000,000 as proposed by the House. The
balance of the appropriation is available until expended. The
conferees agree that, within the overall reduction, the IRS is
to make the specific reductions included in the House report.
BUSINESS SYSTEMS MODERNIZATION
The conference agreement provides $390,000,000 instead of
$429,000,000 proposed by both the House and the Senate. The
reduction is due to budget constraints.
HEALTH INSURANCE TAX CREDIT ADMINISTRATION
The conference agreement provides $35,000,000 as proposed
by both the House and the Senate.
General Provisions--Internal Revenue Service
The conference agreement includes provisions under this
heading, as proposed by the Senate. The House had proposed such
provisions under a comprehensive heading for the Department of
the Treasury.
The bill includes a provision (sec. 201) proposed by both
the House and Senate allowing the service to transfer funding
among appropriations made to the IRS in this Act, limited to
five percent and subject to advance approval of the House and
Senate Committees on Appropriations.
The bill includes a provision (sec. 202) proposed by both
the House and Senate requiring the IRS to maintain a training
program focusing on certain areas of customer service.
The bill includes a provision (sec. 203) proposed by both
the House and Senate requiring the safeguard of taxpayer
information.
The bill includes a provision (sec. 204) proposed by both
the House and Senate requiring the IRS to make the improvement
of the 1-800 help line a top priority in the allocation of
staffing and other resources.
The bill includes a provision (sec. 205) modifying a
provision of the Senate relating to cash pension regulations.
The provision accepts Senate language prohibiting the issuance
of regulations on cash balance pension plans, and requires the
Treasury Department to submit legislation to the Congress
within 180 days to provide transition relief for older and
longer-service employees affected by conversions of traditional
pension plans to cash balance plans. The House had a similar
provision under title seven of the bill, which is not included
in the conference agreement.
The bill includes a provision (sec. 206) proposed by the
Senate requiring a study compiling statistics on the earned
income tax credit certification program, to be submitted in
interim form by July 30, 2004 and in final form by June 30,
2005. The House bill included no similar provision.
General Provisions--Department of the Treasury
The bill includes a provision (sec. 210) proposed by both
the House and Senate allowing appropriations to be used for
certain specified expenses such as uniforms, motor vehicle
insurance, and health insurance for employees serving in
foreign countries.
The bill includes a provision (sec. 211) proposed by both
the House and Senate allowing the transfer of up to 2 percent
of appropriations made to the Department of the Treasury among
offices within the department.
The bill includes a provision (sec. 212) proposed by both
the House and Senate allowing the transfer of up to 2 percent
of appropriations made to the IRS to the Treasury Inspector
General for Tax Administration.
The bill includes a provision (sec. 213) proposed by the
Senate requiring that the purchase of law enforcement vehicles
by any Treasury bureau be consistent with department-wide
vehicle management principles. The House bill contained no
similar provision.
The bill includes a provision (sec. 214) proposed by both
the House and Senate prohibiting funds to redesign the $1
Federal Reserve note.
The bill includes a provision (sec. 215) proposed by both
the House and Senate allowing the transfer of funds from
``Salaries and expenses, financial management service'' to the
debt services account to cover the costs of debt collection.
The bill includes a provision (sec. 216) proposed by the
Senate extending the pay demonstration project at the Alcohol
Tax and Trade Bureau from five years to six years, which will
result in the program being extended through fiscal year 2004.
The bill includes a provision (sec. 217) proposed by both
the House and Senate prohibiting funds of the U.S. Mint from
being used to construct or operate a museum unless approved by
the Congress.
The bill includes a provision (sec. 218) proposed by the
House relating to the reimbursement of financial institutions
for services directed or required by the Secretary of the
Treasury. The Senate proposed a similar provision that was
identical in substance.
TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO
THE PRESIDENT
Compensation of the President
The conference agreement provides $450,000 for
compensation of the President as proposed by both the House and
Senate. The bill includes a general provision codifying in
statutory law the substance of provisions carried in
appropriations Acts since 1981. The modification of 3 U.S.C.
102 stipulates that the President's expense allowance shall not
be included as gross income, and any unused portion shall
revert to the Treasury. This is identical to current law as
carried in annual appropriations Acts, and will obviate the
need to carry this provision each year in the appropriations
process.
White House Office
SALARIES AND EXPENSES
The conference agreement provides $69,168,000 instead of
$66,057,000 as proposed by the House and $61,937,000 as
proposed by the Senate. Of the funding provided, $7,231,000 is
for the Office of Homeland Security. The restriction on the
obligation of funds in the House report relating to a report on
funding for renovation and furnishings is not necessary, as the
report has been submitted. The reduction of $1,100,000 reflects
elimination of the President's Critical Infrastructure Advisory
Board since submission of the budget, as proposed by the House.
Executive Residence at the White House Office
OPERATING EXPENSES
The conference agreement provides $12,501,000 as proposed
by both the House and the Senate.
REIMBURSABLE EXPENSES
The agreement includes bill language on reimbursements as
proposed by both the House and the Senate and identical to
language carried in fiscal year 2003.
WHITE HOUSE REPAIR AND RESTORATION
The conference agreement provides $4,225,000 as proposed
by both the House and the Senate.
Council of Economic Advisors
SALARIES AND EXPENSES
The conference agreement provides $4,502,000 as proposed
by the Senate instead of $4,000,000 as proposed by the House.
Office of Policy Development
SALARIES AND EXPENSES
The conference agreement provides $4,109,000 as proposed
by both the House and the Senate.
National Security Council
SALARIES AND EXPENSES
The conference agreement provides $10,551,000 as proposed
by the Senate instead of $9,000,000 as proposed by the House.
Homeland Security Council
SALARIES AND EXPENSES
The bill deletes the separate appropriation for this
council proposed by the Senate. Instead, the conference
agreement provides funding under ``White House Office'', as
proposed by the House but at a modified level.
Office of Administration
SALARIES AND EXPENSES
The conference agreement provides $82,826,000 as proposed
by the House instead of $77,164,000 as proposed by the Senate.
The agreement reflects reductions proposed by the House for
information technology services (-$1,500,000) and security
services for the Office of Science and Technology Policy (-
$1,096,000) as well as a transfer back to this account for the
core enterprise pilot program (+$8,258,000). The conferees
encourage the Administration to include all EOP funds for the
core enterprise pilot program under this appropriation in the
fiscal year 2005 budget request. The bill specifies that, of
the total funding provided, $20,578,000 is for capital
investment plan activities as proposed by the Senate instead of
$17,470,000 as proposed by the House.
Office of Management and Budget
SALARIES AND EXPENSES
The conference agreement provides $67,159,000 instead of
$62,272,000 as proposed by the House and $75,417,000 as
proposed by the Senate.
Reception and representation expenses.--The bill includes
$3,000 as proposed by the Senate instead of $1,500 as proposed
by the House.
Office of Information and Regulatory Affairs.--The
conferees direct that $1,000,000 of the total funding provided
in this appropriation be withheld from obligation until
resolution of existing programmatic concerns by House conferees
are addressed and the House and Senate Committees on
Appropriations approve of such obligation.
Implementation of the Federal Data Quality Act.--The
conferees are concerned that agencies are not complying fully
with the requirements of the Federal Data Quality Act (FDQA).
The conferees agree that data endorsed by the Federal
Government should be of the highest quality, and that the
public should have the opportunity to review the data
disseminated by the Federal Government for its accuracy and
have available to it a streamlined procedure for correcting
inaccuracies. The Administrator of the Office of Information
and Regulatory Affairs (OIRA) is directed to submit a report to
the House and Senate Committees on Appropriations by June 1,
2004 on whether agencies have been properly responsive to
public requests for correction of information pursuant to the
FDQA, and suggest changes that should be made to the FDQA or
OMB guidelines to improve the accuracy and transparency of
agency science.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The conferees agree to provide $27,996,500 as proposed by
the Senate instead of $28,790,000 as proposed by the House. Of
this amount, $1,500,000 is provided as a grant to the National
Alliance for Model State Drug Laws, as proposed by the House
and Senate.
COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $42,000,000 as proposed by
the Senate instead of $40,000,000 as proposed by the House. Of
this amount, the conferees agree to provide $24,000,000 for the
technology transfer program as proposed by the Senate, instead
of $22,000,000 as proposed by the House. The conferees direct
ONDCP to report to the Committees on Appropriations, no later
than December 31, 2003, on CTAC funding allocations,
specifically providing a detailed spending plan for both the
research and development program and the technology transfer
program for fiscal years 2001-2003. In addition, the conferees
direct the chief scientist to notify the Committees on
Appropriations on how fiscal year 2004 funds will be spent, as
well as to provide biannual reports on priority counterdrug
enforcement research and development requirements and the
status of projects funded by CTAC. Finally, the conferees
direct ONDCP to include in the fiscal year 2005 budget request
a specific accounting of the total number of grant applications
received and the number awarded in the previous fiscal year.
Federal Drug Control Programs
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $226,350,000 as proposed
by the House and Senate. The conferees agree to provide that
HIDTAs designated as of September 30, 2003 shall be funded at
no less than the fiscal year 2003 initial allocation levels.
The conferees provide that no funds in excess of the fiscal
year 2004 budget request shall be obligated without prior
approval of the Committees on Appropriations. Approval for the
expenditure of these funds must be sought according to
reprogramming guidelines.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $229,000,000 instead of
$230,000,000 as proposed by the House and $174,000,000 as
proposed by the Senate. The conferees agree to provide
$145,000,000 for the National Youth Anti-Drug Media Campaign.
In addition, the conferees agree to provide $70,000,000 for
Drug-Free Communities Support, of which $1,000,000 is provided
as a directed grant to the Community Anti-Drug Coalitions of
America; $7,200,000 for the U.S. Anti-Doping Agency; $3,000,000
for the Counterdrug Intelligence Executive Secretariat;
$1,000,000 for the National Drug Court Institute; $2,000,000
for Performance Measures Development; and $800,000 for United
States dues to the World Anti-Doping Agency.
NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN
While the conferees are encouraged by data released by
the Partnership for a Drug-Free America showing welcome trends
in the incidence of youth drug use, the conferees wish to
reemphasize the need to demonstrate that such trends can be
linked to the Media Campaign itself. The conferees therefore
direct ONDCP to submit to the Committees on Appropriations an
evaluation plan for the Media Campaign covering fiscal years
2004-2008 no later than 120 days after enactment of this Act.
In addition, the conferees direct ONDCP to provide to the
Committees on Appropriations a detailed report regarding the
type and content of all advertising, its timing and placement
in media markets, and the matches provided for all advertising.
In order to ensure that a sufficient amount will be spent on
advertising, the conferees agree to provide that no less than
78 percent of the funds provided shall be spent on the purchase
of advertising time and space.
U.S. ANTI-DOPING AGENCY
The conferees agree to provide $7,200,000 as proposed by
the Senate instead of $1,500,000 as proposed by the House. The
conferees direct the U.S. Anti-Doping Agency to provide to the
Committees on Appropriations a prior year expenditure report as
well as a detailed spending plan for fiscal year 2004 funds.
Each report should include a section reporting USADA's efforts
to secure funding from sources other than the Federal
government. These reports should be provided no later than 120
days after enactment of this Act.
UNANTICIPATED NEEDS
The conference agreement provides $1,000,000 as proposed
by both the House and the Senate.
Special Assistance to the President and the Official Residence of the
Vice President
SALARIES AND EXPENSES
The conference agreement provides $4,461,000 as proposed
by both the House and the Senate. The appropriation has been
placed at the end of the title as proposed by the House.
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $331,000 as proposed by
both the House and the Senate. The appropriation has been
placed at the end of the title as proposed by the House.
General Provision--Executive Office of the President
The bill includes a provision (sec. 301) stating that the
President's expense allowance shall not be included as gross
income of the President and specifying that unused portions of
that allowance shall revert to the Treasury.
TITLE IV--INDEPENDENT AGENCIES
Architectural and Transportation Barriers Compliance Board
SALARIES AND EXPENSES
The conference agreement includes $5,401,000 as proposed
by the House and Senate.
National Transportation Safety Board
SALARIES AND EXPENSES
The conferees agree to provide $73,499,000, instead of
$76,679,000 as proposed by the House and $72,170,000 as
proposed by the Senate. The conferees direct NTSB to make
certain improvements in its annual budget justification,
particularly by expanding and improving the presentation of the
resource requirements section. This section should clearly
indicate the absolute level of funds and FTE for each program
activity, as well as the increases or reductions in funding and
FTE sought for the fiscal year of the budget request. The
document should also include a more detailed narrative section
justifying NTSB's proposals.
EMERGENCY FUND
The conferees agree to provide $600,000 as proposed by
the House and Senate.
Committee for Purchase From People Who Are Blind or Severely Disabled
SALARIES AND EXPENSES
The conferees agree to provide $4,725,000 as proposed by
the House and Senate.
Federal Election Commission
SALARIES AND EXPENSES
The conferees agree to provide $51,240,000 instead of
$50,440,000 as proposed by both the House and Senate. The
additional $800,000 is to support the Office of Election
Administration, which was not included in the President's
budget request in anticipation of the establishment of the
Election Assistance Commission. Due to delay in the
establishment of the EAC, the conferees agree to provide OEA
with funding, on the condition that any unobligated balances be
transferred to the EAC upon its establishment. Of the total
amount, the conferees also agree to provide that no less than
$6,389,900 shall be available for internal automated data
processing systems, as proposed by the House.
Election Assistance Commission
SALARIES AND EXPENSES
The conferees agree to provide $1,200,000, instead of
$5,000,000 as proposed by the House and no funding as proposed
by the Senate. The conferees agree to provide the amount as a
separate appropriation as proposed by the House.
ELECTION REFORM PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $500,000,000 for Election
Reform Programs, instead of $1,500,000,000 as proposed by the
Senate and $495,000,000 as proposed by the House. Consistent
with language proposed by the House, the conferees agree to
provide that the General Services Administration will have the
authority to administer available funds, including the funds
appropriated in this Act, until the establishment of the
Election Assistance Commission. The conferees agree to provide
that no more than $100,000 shall be available to GSA for
administrative expenses. Within the amount provided, the
conferees also agree to provide $750,000 for the Help America
Vote Foundation, $750,000 for the Help America Vote College
Program, and $200,000 for the National Student/Parent Mock
Election, all of which are authorized by the Help America Vote
Act.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The conferees agree to provide $29,611,000 as proposed by
the House and Senate.
Federal Maritime Commission
SALARIES AND EXPENSES
The conference agreement includes $18,471,000 as proposed
by the House and the Senate.
Information Technology.--The Conferees direct the
Commission to submit a report to the House and Senate
Committees on Appropriations no later than 45 days after
enactment of this Act, summarizing the Commission's current
information technology improvement initiatives and long-term
technology improvement plan.
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides total obligational
availability of $7,216,464,000 from the federal buildings fund
in fiscal year 2004. This includes limitations on obligations
of $6,758,208,000 and an appropriation from the general fund of
$446,000,000.
CONSTRUCTION
The conference agreement provides $708,268,000 for
construction instead of $406,168,000 as proposed by the House
and $659,668,000 as proposed by the Senate. The following table
compares the budget estimate, House bill, Senate bill, and
conference agreement by project:
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Budget Conference
estimate House bill Senate bill agreement
----------------------------------------------------------------------------------------------------------------
Border Stations:
Jackman, ME............................... $7,712 $7,712 $7,712 $7,712
Champlain, NY............................. 35,031 31,031 31,031 31,031
Detroit, MI............................... 25,387 25,387 25,387 25,387
Blaine, WA................................ 9,812 9,812 9,812 9,812
Del Rio, TX............................... 23,966 23,966 23,966 23,966
Eagle Pass, TX............................ 31,980 31,980 31,980 31,980
San Diego, CA............................. 34,211 34,211 34,211 34,211
McAllen, TX............................... 17,938 17,938 17,938 17,938
-----------------------------------------------------------------
Subtotal................................ 186,037 182,037 182,037 182,037
=================================================================
Courthouses:
Anniston, AL.............................. 0 0 4,400 4,400
Los Angeles, CA........................... 0 0 50,000 50,000
Orlando, FL............................... 0 0 7,200 7,200
Charlotte, NC............................. 0 0 8,500 8,500
Toledo, OH................................ 0 0 6,500 6,500
Harrisburg, PA............................ 0 0 26,000 26,000
Greenville, SC............................ 0 0 11,000 11,000
San Antonio, TX........................... 0 0 8,000 8,000
Richmond, VA.............................. 0 0 83,000 83,000
-----------------------------------------------------------------
Subtotal................................ 0 0 204,600 204,600
=================================================================
Other:
Census Bldg, Suitland, MD................. 146,451 146,451 146,451 146,451
FBI Bldg, Houston, TX..................... 58,080 58,080 58,080 58,080
Non-prospectus construction............... 10,000 9,000 10,000 9,000
Federal (Tuttle) Bldg, Atlanta, GA........ 0 10,600 0 10,600
Federal Bldg, Tuscaloosa, AL.............. 0 0 7,500 7,500
Denver Federal Center, CO................. 0 0 6,000 6,000
FDA Consolidation, MD..................... 0 0 45,000 42,000
DOT headquarters, DC...................... (45,000) (45,000) 0 42,000
-----------------------------------------------------------------
Subtotal................................ 214,531 224,131 273,031 321,631
=================================================================
Total, GSA construction................. 400,568 406,168 659,668 708,268
----------------------------------------------------------------------------------------------------------------
FDA Consolidation at White Oak, Montgomery County, MD.--
The conferees deem the $42,000,000 appropriated for FDA
Consolidation at White Oak sufficient for the design and
construction of the engineering physics lab and office building
for FDA's Center for Devices and Radiological Health (CDRH). If
this sum is insufficient, the conferees expect GSA to submit a
reprogramming request to the Committees on Appropriations for
funds sufficient to design and construct the engineering
physics lab and office building for CDRH.
REPAIRS AND ALTERATIONS
The conference agreement provides $991,300,000 for
repairs and alterations instead of $1,010,454,000 as proposed
by the House and $1,000,939,000 as proposed by the Senate. The
bill specifies the following funds for certain projects which
were proposed in either the House or Senate bills:
Project Amount
Terre Haute Post Office, IN............................. $4,600,000
Bellingham Federal Building, WA......................... 2,610,000
Tuttle Annex, Atlanta, GA............................... 6,725,000
Bellingham, WA federal building.--The conference
agreement includes language proposed by the Senate transferring
funds for the Bellingham federal building to the City of
Bellingham, subject to disposal of the building to the city.
Eisenhower Executive Building.--The conference agreement
does not include language, proposed by the House, withholding
funds until a report is submitted on the use of non-federal
funding for renovation efforts for the Eisenhower office
building. The report has been submitted, making the provision
unnecessary.
INSTALLMENT ACQUISITION PAYMENTS
The conference agreement provides $169,745,000 for
installment acquisition payments as proposed by both the House
and the Senate.
RENTAL OF SPACE
The conference agreement provides $3,280,187,000 instead
of $3,278,187,000 as proposed by the Senate and $3,308,187,000
as proposed by the House.
BUILDING OPERATIONS
The conference agreement provides $1,608,708,000 as
proposed by both the House and the Senate.
General Activities
GOVERNMENT-WIDE POLICY
The conference agreement provides $56,383,000 as proposed
by the House instead of $61,781,000 as proposed by the Senate.
e-travel.--The conferees agree that GSA has been
responsive to the House's concerns that the e-travel initiative
should not involve mandatory participation by Federal agencies.
Furthermore, the conferees agree that, in its management of e-
travel prime contractors, GSA should seek to preserve that
portion of the federal travel agent business that is currently
served by small businesses and local entrepreneurs.
OPERATING EXPENSES
The conference agreement provides $88,110,000 instead of
$79,110,000 as proposed by the House and $85,083,000 as
proposed by the Senate. Within the funds provided, the
conferees direct GSA to make the following distributions:
Project Amount
Web Wise Kids........................................... $600,000
Exhibitions on the enslaved north, NY Historical Society 250,000
Public service recognition week......................... 100,000
Center for Jewish History archival preservation project,
New York, NY........................................ 328,000
B&O Railroad Museum emergency restoration, Baltimore, MD 372,000
Balls Ferry Historic Park, Wilkinson County, GA......... 1,000,000
Saenger Restoration Project, AL......................... 500,000
Homeless school access project, Washington DOT, WA...... 1,000,000
Hurricane Isabel repairs, NDRF, Fort Eustis, VA......... 1,850,000
Alaska statehood celebration............................ 450,000
2003 Women's World Cup Tournament....................... 1,800,000
Ruffner Mountain Educational Facility, AL............... 300,000
Rural government outreach initiative.................... 75,000
Hawaii statehood celebration............................ 225,000
Upper Great Plains Native American Telehealth program... 100,000
Iowa communications network............................. 50,000
Public service recognition week.--The conferees recognize
that public service recognition week, a program of the Public
Employees Roundtable, has educated America about the value of
the career workforce, which carries out the daily operations of
government. This program, which has existed for over 10 years,
plays an important role in educating our nation's youth by
providing them with timely information about their government.
The conferees urge GSA to support the mission of the Public
Employees Roundtable, and provides $100,000 in administrative
and logistical assistance to public service recognition week
activities, the same level as provided for fiscal year 2003.
Office of Inspector General
The conference agreement provides $39,169,000 as proposed
by both the House and the Senate.
Electronic Government Fund
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $3,000,000 instead of
$1,000,000 as proposed by the House and $5,000,000 as proposed
by the Senate. The conferees agree that none of these funds
should be used for performance awards.
Allowances and Office Staff for Former Presidents
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $3,393,000 as proposed
by both the House and the Senate.
General Provisions--General Services Administration
The bill includes a provision (sec. 401) as proposed by
both the House and the Senate related to the crediting of
proper appropriations for GSA expenses.
The bill includes a provision (sec. 402) as proposed by
both the House and the Senate allowing GSA funds to be used for
motor vehicle rental expenses.
The bill includes a provision (sec. 403) as proposed by
both the House and the Senate requiring transfer of federal
building funds among various activities only to the extent
necessary to meet program requirements and subject to prior
approval of the House and Senate Committees on Appropriations.
The bill includes a provision (sec. 404) as proposed by
both the House and the Senate mandating any fiscal year 2005
budget request for courthouse construction reflect the
priorities of the Judicial Conference of the United States,
meet design guide standards, and be accompanied by a courtroom
utilization study.
The bill includes a provision (sec. 405) as proposed by
both the House and the Senate requiring federal agencies to pay
rental rates established by GSA in order to receive certain
building support services such as cleaning and security
enhancements.
The bill includes a provision (sec. 406) as proposed by
both the House and the Senate related to federal buildings fund
savings from the implementation of pilot information technology
projects.
The bill includes a provision (sec. 407) as proposed by
both the House and the Senate allowing savings from
construction projects to be used to settle claims of less than
$250,000 in other construction projects, subject to prior
notification to the House and Senate Committees on
Appropriations.
The bill deletes a provision proposed by the House
related to implementation of the e-travel service. The Senate
bill included no similar provision.
The bill includes a provision (sec. 408) as proposed by
the Senate directing GSA to acquire property in Portsmouth, NH
for a federal office building to replacethe McIntyre Federal
Building, and authorizing GSA to give the McIntyre Building to the City
of Portsmouth under certain conditions. The House bill included no
similar provision.
The bill includes a provision (sec. 409) proposed by the
House allowing GSA to make certain election reform payments, if
necessary, prior to appointment of the Election Assistance
Commission. The Senate bill included no similar provision.
The bill includes a provision (sec. 410) proposed by the
House prohibiting funds to establish a Quick Response Team
Processing Center in Chattanooga, TN. The Senate bill included
no similar provision.
The bill includes a provision (sec. 411) facilitating the
completion of a land conveyance in San Joaquin County,
California.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The conferees agree to provide $32,877,000 as proposed by
the House and Senate. The conferees also agree to provide
$2,626,000 as a limitation on administrative expenses to be
transferred from the appropriate trust fund, rather than
providing the amount as a direct appropriation as requested by
the President.
Morris K. Udall Foundation
MORRIS K. UDALL TRUST FUND
The conference agreement provides $1,996,000 as proposed
by the Senate instead of $1,300,000 as proposed by the House.
The bill modifies a provision proposed by the House relating to
a financial audit of the program. The modification allows up to
$50,000 for this purpose instead of $100,000. The agreement
allows 60 percent of funds to be provided to the Native Nations
Institute as proposed by the Senate instead of 70 percent as
proposed by the House.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The conference agreement provides $1,309,000 as proposed
by the Senate instead of $1,300,000 as proposed by the House.
National Archives and Records Administration
OPERATING EXPENSES
The conference agreement provides $256,700,000 instead of
$255,191,000 as proposed by the House and $258,191,000 as
proposed by the Senate. The bill includes $600,000 regarding
the records of the Freedmen's Bureau as proposed by the House
instead of no funding as proposed by the Senate.
Working group pursuant to the Japanese Imperial
Government Disclosure Act.--The conference report includes
language extending working group activities under the Japanese
Imperial Government Disclosure Act for one additional year. The
conferees believe that no further extensions should be granted.
All remaining activities of the Interagency Working Group are
to be completed within the additional 12 months allotted.
ELECTRONIC RECORDS ARCHIVE
The conference agreement provides $35,914,000 as proposed
by the House instead of no funds as proposed by the Senate.
REPAIRS AND RESTORATION
The conference agreement provides $13,708,000 instead of
$6,458,000 as proposed by the House and $13,483,000 as proposed
by the Senate. The bill specifies that $500,000 is provided for
a Military Personnel Records Center requirements study,
$2,250,000 is for a new regional archives and records facility
in Anchorage, Alaska, and $5,000,000 is for repair and
restoration of the plaza surrounding the Lyndon Baines Johnson
Presidential Library in Austin, Texas. Each of these projects
were in either the House or Senate bills.
Nixon Presidential records.--The bill includes a
provision allowing the transfer of Nixon Administration
Presidential records and materials outside the Washington, D.C.
metropolitan area, subject to the control of the Archivist and
consistent with current laws governing the transfer and storage
of Presidential records.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION--GRANTS PROGRAM
The conference agreement provides $10,000,000 as proposed
by the House instead of $5,000,000 as proposed by the Senate.
Office of Government Ethics
SALARIES AND EXPENSES
The conferees agree to provide $10,738,000 as proposed by
the House and Senate.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The conferees agree to provide $119,498,000 as proposed
by the House instead of $118,748,000 as proposed by the Senate.
Of this amount, the conferees agree to provide $750,000 for
continuation of the retirement readiness project. The conferees
also agree to provide $135,914,000 as a limitation on
administrative expenses to be transferred from the appropriate
trust funds, as proposed by the Senate, rather than
$126,854,000 as proposed by the House.
FRANKLIN/HAMPSHIRE/HAMPDEN COUNTIES, MASSACHUSETTS
The conferees are aware that the Federal Salary Council
has recommended that Franklin, Hampshire and Hampden counties,
Massachusetts, be included into the Hartford Locality Pay Area.
The conferees are concerned about the difficulties some Federal
agencies have documented in retaining and attracting Federal
employees in the Connecticut River Valley. Accordingly, the
conferees direct OPM to consider the implementation of the
Federal Salary Council's recommendation to include Franklin,
Hampshire and Hampden counties into the Hartford Locality Pay
Area.
OFFICE OF INSPECTOR GENERAL
The conferees agree to provide $1,498,000 as proposed by
the House and Senate.
HUMAN CAPITAL PERFORMANCE FUND
The conferees agree to provide $1,000,000, instead of
$2,500,000 as proposed by the House and no funds as proposed by
the Senate.
Office of Special Counsel
SALARIES AND EXPENSES
The conferees agree to provide $13,504,000 as proposed by
the House and Senate.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The conferees agree to provide $65,521,000, as proposed
by the House and Senate. Of this amount $36,521,000 is provided
as an advance appropriation for free mail for the blind and
overseas voters. The conferees include $29,000,000 for prior
year reimbursement shortfalls.
POSTAL FACILITY CONSTRUCTION
The conferees are aware that the Postal Service has had a
freeze on construction of new postal facilities since 2001. The
conferees are also aware that some areas are in desperate need
of a new facility, and that some facilities are in dire need of
renovation. The conferees direct the Postal Service to evaluate
these needs and report within 90 days of the enactment of this
Act on localities that require a new postal facility, the
current conditions of post offices in need of renovation, and
when a new facility or replacement will be built.
TINTON FALLS, NEW JERSEY
The conferees are concerned about the postal needs of the
citizens of Tinton Falls, New Jersey. Although Tinton Falls was
placed among the top priority postal construction projects in
line to receive funding in 1996, funding constraints stopped
all construction of new facilities for several years. The
conferees recommend that the Postal Service carefully consider
the significant need for a new facility in Tinton Falls, and
direct the Postal Service to report to the Committees on
Appropriations on this matter no later than 90 days after the
enactment of this Act.
United States Tax Court
SALARIES AND EXPENSES
The conferees agree to provide $40,187,000 as proposed by
the House and Senate.
White House Commission on the National Moment of Remembrance
The conferees agree to provide $250,000 as proposed by
the House and Senate.
TITLE V--GENERAL PROVISIONS
This Act
(INCLUDING TRANSFERS OF FUNDS)
Section 501 allows funds to be used for aircraft; motor
vehicles; liability insurance; uniforms; or allowances, as
authorized by law.
Section 502 requires pay raises to be funded within
appropriated levels.
Section 503 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate for an Executive Level IV.
Section 504 continues the provision prohibiting funds in
this Act for salaries and expenses of more than 106 political
and Presidential appointees in the Department of
Transportation, and prohibits political and Presidential
personnel to be assigned on temporary detail outside the
Department of Transportation.
Section 505 prohibits pay and other expenses for non-
Federal parties in regulatory or adjudicatory proceedings
funded in this Act.
Section 506 prohibits obligations beyond the current
fiscal year and prohibits transfers of funds unless expressly
so provided.
Section 507 limits consulting service expenditures in
procurement contracts to those of public record.
Section 508 prohibits funds for the implementation of
section 404 of title 23, USC.
Section 509 continues the provision prohibiting
recipients of funds made available in this Act to release
personal information, including a social security number,
medical or disability information, and photographs from a
driver's license or motor vehicle record without express
consent of the person to whom such information pertains; and
prohibits the Secretary from withholding funds provided in this
Act for any grantee if a state is in noncompliance with this
provision.
Section 510 allows funds received by the Federal Highway
Administration, Federal Transit Administration, and the Federal
Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses
incurred for training to be credited to each agency's
respective accounts.
Section 511 authorizes the Secretary of Transportation to
allow issuers of any preferred stock to redeem or repurchase
preferred stock sold to the Department of Transportation.
Section 512 continues the provision prohibiting funds in
this Act unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations not less than
three 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
administration.
Section 513 defines the city of Norman, Oklahoma, as part
of the Oklahoma City Transportation Management Area.
Section 514 prohibits funds 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, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Section 515 prohibits funds in this Act to be transferred
without express authority.
Section 516 allows funds received from certain sources to
be credited to appropriations using fair and equitable
criteria.
Section 517 reduces the Transportation Working Capital
Fund by $17,816,000.
Section 518 includes a new provision allowing that
amounts from improper payments to a third party contractor that
are lawfully recovered by the Department of Transportation
shall be available to cover expenses incurred in recovery of
such payments.
Section 519 authorizes the transfer of unexpended sums
from ``Office of the Secretary, Salaries and expenses'' to
``Minority Business Outreach.''
Section 520 is a limitation involving section 307 of the
Tariff Act of 1930.
Section 521 modifies a Senate provision regarding stadium
overflights.
Section 522 concerns the employment rights of Federal
employees who return to their civilian jobs after assignment
with the Armed Forces.
Section 523 requires entities receiving funds to comply
with the ``Buy America Act''.
Section 524 is a sense of the Congress regarding the
purchase of American-made equipment and products and requires
the Secretary of the Treasury to provide a notice describing to
all recipients of Federal assistance.
Section 525 regards the ineligibility of persons found
guilty of violating ``Made in America'' labeling provisions
from receiving funds.
Section 526 provides that fifty percent of unobligated
balances may remain available for certain purposes.
Section 527 restricts the use of funds for the White
House to request official background reports without the
written consent of the subject individual.
Section 528 exempts contracts under FEHBP from certain
cost accounting standards.
Section 529 regards travel by the Office of Personnel
Management (OPM) with respect to non-foreign area cost of
living allowances and allows OPM to accept and utilize, without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act, funds made available pursuant
to court approval.
Section 530 prohibits the use of funds by any person or
entity convicted of violating the Buy American Act.
Section 531 prohibits FEHBP funds from being used to
cover an abortion.
Section 532 disallows the previous section if the life of
the mother is at risk or in the case of rape or incest.
Section 533 outlines the guidelines for the reprogramming
of funds in the Act.
Section 534 limits funding for traffic signs in a
language other than English.
Section 535 exempts from certain procurement limitations
commercially available information technology.
Section 536 provides a 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.
Section 537 provides a 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.
Section 538 prohibits the use of funds for a proposed
rule by Treasury relating to the determination that real estate
brokerage is a financial activity.
Section 539 provides a sense of Congress that the
Department of Transportation should consider programs to
reimburse certain airports for financial losses due to
Government actions subsequent to the terrorist actions of
September 11, 2001.
Section 540 provides a sense of the House of
Representatives that public private partnerships could help
eliminate some cost drivers on certain highway and transit
projects.
Section 541 extends the Breast Cancer Stamp authorization
(39 USC 414 (h)) until 2005.
Section 542 restricts funds regarding rules and
regulations concerning travel agent service fees.
Section 543 allows the transfer of Nixon Administration
Presidential records and materials outside the Washington, D.
C. metropolitan area, subject to the control of the Archivist
and consistent with current laws governing the transfer and
storage of Presidential records.
Section 544 amends the Oklahoma City National Memorial
Act of 1997.
Section 545 redesignates unobligated funds from Public
Law 102-240 and Public Law 105-178 to carry out existing bridge
and ferry projects.
Section 546 amends Section 345(6), Division I, Public Law
108-7.
Section 547 makes certain projects and activities
eligible to receive fiscal year 2004 grants.
TITLE VI--GENERAL PROVISIONS
DEPARTMENTS, AGENCIES, AND CORPORATIONS
Section 601 authorizes agencies to pay costs of travel to
the United States for the immediate families of Federal
employees assigned to foreign duty in the event of a death or a
life threatening illness of the employee.
Section 602 requires agencies to administer a policy
designed to ensure that all of its workplaces are free from the
illegal use of controlled substances.
Section 603 regards price limitations on vehicles to be
purchased by the Federal Government.
Section 604 allows funds made available to agencies for
travel, to also be used for quarters allowances and cost-of-
living allowances.
Section 605 prohibits the government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental U.S.
Section 606 ensures that agencies will have authority to
pay GSA bills for space renovation and other services.
Section 607 allows agencies to finance the costs of
recycling and waste prevention programs with proceeds from the
sale of materials recovered through such programs.
Section 608 provides that funds may be used to pay rent
and other service costs in the District of Columbia.
Section 609 prohibits payments to persons filling
positions for which they have been nominated after the Senate
has voted not to approve the nomination.
Section 610 prohibits interagency financing of groups
absent prior statutory approval.
Section 611 authorizes the Postal Service to employ
guards and give them the same special police powers as other
Federal guards.
Section 612 prohibits the use of funds for enforcing
regulations disapproved in accordance with the applicable law
of the U.S.
Section 613 limits the pay increases of certain
prevailing rate employees.
Section 614 limits the amount of funds that can be used
for redecoration of offices under certain circumstances.
Section 615 allows for interagency funding of national
security and emergency telecommunications initiatives.
Section 616 requires agencies, with exceptions, to
certify that a Schedule C appointment was not created solely or
primarily to detail the employee to the White House.
Section 617 requires agencies to administer a policy
designed to ensure that all workplaces are free from
discrimination and sexual harassment.
Section 618 prohibits the payment of any employee who
prohibits, threatens or prevents another employee from
communicating with Congress.
Section 619 prohibits Federal training not directly
related to the performance of official duties.
Section 620 prohibits the expenditure of funds for
implementation of agreements in nondisclosure policies unless
certain provisions are included.
Section 621 prohibits propaganda, publicity and lobbying
by executive agency personnel in support or defeat of
legislative initiatives.
Section 622 prohibits any Federal agency from disclosing
an employee's home address to any labor organization, absent
employee authorization or court order.
Section 623 prohibits funds from being used to provide
non-public information such as mailing or telephone lists to
any person or organization outside the government without the
approval of the Committees on Appropriations.
Section 624 prohibits the use of funds for propaganda and
publicity purposes not authorized by Congress.
Section 625 directs agency employees to use official time
in an honest effort to perform official duties.
Section 626 authorizes the use of funds to finance an
appropriate share of the Joint Financial Management Improvement
Program.
Section 627 authorizes agencies to transfer funds to GSA
to finance an appropriate share of the Joint Financial
Management Improvement Program, et al.
Section 628 prohibits the use of funds to limit the
options of federal agencies in selecting the online employment
information service of their choice.
Section 629 permits breast-feeding in a Federal building
or on Federal property if the woman and child are authorized to
be there.
Section 630 permits interagency funding of the National
Science and Technology Council and provides for a report on the
budget and resources of the National Science and Technology
Council.
Section 631 requires documents involving the distribution
of Federal funds to indicate the agency providing the funds and
the amount provided.
Section 632 extends the authorization for franchise fund
pilots for one year in order to allow the Administration to
evaluate their results and make a decision regarding permanent
authority.
Section 633 prohibits the use of funds to monitor
personal information relating to the use of Federal Internet
sites to collect, review, or create any aggregate list that
includes personally identifiable information relating to access
to or use of any federal Internet site of such agency.
Section 634 requires health plans participating in the
FEHBP to provide contraceptive coverage and provides exemptions
to certain religious plans.
Section 635 provides recognition of the U.S. Anti-Doping
Agency as the official anti-doping agency.
Section 636 requires a report by the Inspector Generals
detailing policies and procedures for implementing portions of
the Rural Development Act, 1972.
Section 637 prohibits funds made available in this or any
other Act from being used to purchase goods or services from
Federal Prison Industries, Inc., unless such goods or services
provide the best value.
Section 638 requires each agency to evaluate the
creditworthiness of an individual before issuing the individual
a specific charge card.
Section 639 allows the extension of the Federal Election
Commission's administrative fine program for two years.
Section 640 requires that the adjustment in rates of
basic pay for the statutory pay systems that takes effect in
fiscal year 2004 shall be an increase of 4.1 percent.
Section 641 allows for the timely filing of reports with
the Federal Election Commission using overnight delivery,
priority, or express mail.
Section 642 allows funds appropriated for official travel
to participate in the fractional aircraft ownership pilot
program.
Section 643 restricts the ability of federal agencies to
construct or lease federal law enforcement training facilities
except with Congressional approval.
Section 644 prohibits the use of funds to implement or
enforce regulations for locality pay areas that are
inconsistent with Federal Salary Council recommendations.
Section 645 requires a report from each Federal agency on
acquisitions from entities that manufacture the articles,
materials, or supplies outside of the United States.
Section 646 prohibits OPM from using any funds to
implement the proposed regulations relating to the detail of
executive branch employees to the legislative branch, with
technical modifications.
Section 647 prohibits the use of funds to convert an
activity or function of an Executive agency to contractor
performance, with certain exceptions.
Section 648 provides for the funding of airport
operations at Midway Atoll Airfield.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2004 recommended by the Committee of Conference,
with comparisons to the fiscal year 2003 amount, the 2004
budget estimates, and the House and Senate bills for 2004
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2003... $44,637,545
Budget estimates of new (obligational) authority, fiscal
year 2004........................................... 45,507,343
House bill, fiscal year 2004............................ 45,553,216
Senate bill, fiscal year 2004........................... 46,276,508
Conference agreement, fiscal year 2004.................. 45,267,993
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2003.............................................. +630,448
Budget estimates of new (obligational) authority,
fiscal year 2004.................................. -239,350
House bill, fiscal year 2004...................... -285,223
Senate bill, fiscal year 2004..................... -1,008,515
DIVISION G--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS
The language and allocations set forth in House Report
108-235 and Senate Report 108-143 should be complied with
unless specifically addressed to the contrary in the conference
report and statement of the managers. Report language included
by the House which is not changed by the report of the Senate
or the conference and Senate report language which is not
changed by the conference is approved by the committee of the
conference. The statement of the managers, while repeating some
report language for emphasis, does not intend to negate the
language referred to above unless expressly provided herein. In
cases where the House or Senate have directed the submission of
a report, such report is to be submitted to both House and
Senate Committees on Appropriations.
Operating Plan and Reprogramming Procedures
The conferees continue to have a particular interest in
being informed of reprogrammings which, although they may not
change either the total amount available in an account or any
of the purposes for which the appropriation is legally
available, represent a significant departure from budget plans
presented to the Committees in an agency's budget
justifications, the basis of this appropriations Act.
Consequently, the conferees direct the departments,
agencies, boards, commissions, corporations and offices funded
at or in excess of $100,000,000 in this bill, to consult with
the Committees on Appropriations in both the House and Senate
prior to each change from the approved budget levels in excess
of $500,000 between programs, activities, object
classifications or elements unless otherwise provided for in
the statement of the managers accompanying this Act. For
agencies, boards, commissions, corporations and offices funded
at less than $100,000,000 in this bill, the reprogramming
threshold shall be $250,000 between programs, activities,
object classifications or elements unless otherwise provided
for in the statement of the managers accompanying this Act.
Additionally, the conferees expect the Committees on
Appropriations to be promptly notified of all reprogramming
actions which involve less than the above-mentioned amounts. If
such actions would have the effect of significantly changing an
agency's funding requirements in future years, or if programs
or projects specifically cited in the statement of the managers
or accompanying reports of the House and Senate are affected by
the reprogramming, the reprogramming must be approved by the
Committees on Appropriations regardless of the amount proposed
to be moved. Furthermore, the conferees direct that the
Committees on Appropriations be consulted regarding
reorganizations of offices, programs, and activities prior to
the planned implementation of such reorganizations.
The conferees also direct that the Departments of
Veterans Affairs and Housing and Urban Development, as well as
the Corporation for National and Community Service, the
Environmental Protection Agency, the National Aeronautics and
Space Administration, the National Science Foundation, the
Consumer Product Safety Commission, and the Chemical Safety and
Hazard Investigation Board shall submit operating plans, signed
by the respective secretary, administrator, or agency head, for
review by the Committees on Appropriations of both the House
and Senate within 60 days of enactment of this Act. Other
agencies within this Act should continue to submit operating
plans consistent with prior year policy, or as directed in this
statement of the managers.
The conferees reiterate language proposed by the House
regarding the Committees' longstanding position that while the
Committees reserve the right to call upon all offices in the
departments, agencies, boards, and commissions, access to the
budget offices is essential.
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
In addition to the directives above, the conferees direct
that no changes may be made to any account or objective, except
as approved by the Committees, if it is construed to be policy
or change in policy. It is the intent of the conferees that all
carryover funds in the various appropriations accounts are
subject to the normal reprogramming requirements outlined
above. The Department is directed to notify the Committees on
Appropriations should the loan limitation of any program
administered by the Department be met or exceeded.
Veterans Benefits Administration
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $29,845,127,000 for compensation and
pensions as proposed by both the House and the Senate, of which
not more than $17,056,000 is to be transferred to general
operating expenses and medical services.
READJUSTMENT BENEFITS
Appropriates $2,529,734,000 for readjustment benefits as
proposed by both the House and the Senate.
VETERANS INSURANCE AND INDEMNITIES
Appropriates $29,017,000 for veterans insurance and
indemnities as proposed by both the House and the Senate.
VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates such sums as may be necessary for costs
associated with direct and guaranteed loans from the veterans
housing benefit program fund program account as proposed by
both the House and the Senate, plus $154,850,000 to be
transferred to and merged with general operating expenses.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,000 for the costs of direct loans from
the education loan fund program account as proposed by both the
House and the Senate, plus $70,000 to be transferred to and
merged with general operating expenses.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $52,000 for the costs of direct loans from
the vocational rehabilitation loans program account as proposed
by both the House and the Senate, plus $300,000 to be
transferred to and merged with general operating expenses.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $571,000 for administrative expenses of the
native American housing loan program account to be transferred
to and merged with general operating expenses as proposed by
both the House and the Senate. Provides a loan limitation of
$50,000,000 for the program instead of $40,000,000 as proposed
by the House. The Senate did not provide a loan limitation for
this program.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM
ACCOUNT
Provides up to $600,000 of the funds available in medical
services and general operating expenses to carry out the
guaranteed transitional housing loans for homeless veterans
program instead of $350,000 as proposed by the House and
$750,000 as proposed by the Senate. Retains the reporting
requirement regarding the status of the loan program as
proposed by the Senate. The conferees are concerned that this
program simply does not meet the needs of the organizations for
which it is intended.
Veterans Health Administration
The conferees have agreed to provide total resources of
$28,569,220,000 to fund the various operating programs of the
Veterans Health Administration (VHA), an increase of
$1,570,000,000 over the appropriation request level. None of
the funds are contingent upon an emergency declaration.
Further, the conferees have agreed to fund VHA through a new
account structure comprised of four accounts: medical services,
medical administration, medical facilities, and medical and
prosthetic research. The conferees have taken this action to
provide better oversight and receive a more accurate accounting
of funds.
MEDICAL SERVICES
Provides $17,867,220,000 to finance medical services for
all veterans and beneficiaries in VA, State, and contract
medical facilities.
Deletes bill language proposed by the House and the
Senate delaying the availability of funds.
Retains bill language making $1,100,000,000 available
until September 30, 2005, as proposed by the Senate.
Retains bill language providing the Secretary with the
authority to establish a priority system for veterans seeking
medical care as proposed by the Senate. The House included
similar authority as an administrative provision.
Retains bill language proposed by the Senate allowing the
Secretary to give priority to medical services for priority 1-6
veterans. The House instead proposed a separate account for
priority 1-6 veterans.
Retains bill language allowing the transfer of up to
$400,000,000 to the construction, major projects account for
the purposes of implementing Capital Asset Realignment for
Enhanced Services (CARES) recommendations as proposed by the
Senate. The conferees direct the VA to notify the Committees on
Appropriations prior to the transfer of funds for this purpose
as stated in Senate Report 108-143.
Modifies bill language proposed by the Senate allowing
the Secretary to fill privately written prescriptions from VA
facilities for designated veterans. The conferees agree that
such benefit should not result in additional cost to the VA.
The House did not include a similar provision. The conferees
direct the Secretary to collect and independently verify data
on the costs and benefits of this new drug benefit and submit a
report to the Committees on Appropriations by March 2, 2004,
detailing the number of veterans who would utilize such
benefit, as well as costs or savings to the VA.
Moves bill language proposed by the Senate in medical
care directing the Secretary to conduct a recovery audit
program. Instead, the conference agreement includes the
provision under administrative provisions as proposed by the
House.
Moves bill language proposed by the Senate transferring
the balances from the medical care collections fund into
medical care for the purposes of that account. Instead, the
conference agreement includes a similar provision as a separate
section under administrative provisions.
Reiterates report language included in House Report 108-
235 directing the establishment of two Mental Illness Research,
Education and Clinic Centers.
Reiterates language included in Senate Report 108-143
directing VA to collaborate fully with the Department of
Defense in the VET-HEAL program.
The conferees encourage the VA to continue developing
collaborative agreements with medical schools at Historically
Black Colleges and Universities and minority serving
institutions in the areas of research, residency programs and
the delivery of health care services.
The conferees strongly encourage the Department to pursue
aggressively new technologies available for diagnosing
colorectal cancer which are less invasive, less expensive and
provide equal or better patient evaluations than older methods.
The conferees urge the Department to provide by April 2,
2004, information on VA compliance rates with VHA Directive
2003-017, the treatment of Acute Myocardial Infarction (AMI),
and an evaluation of FDA-approved technologies which could
assist doctors in meeting the goals of that directive.
MEDICAL ADMINISTRATION
Appropriates $5,000,000,000 for the expenses of the
headquarters offices of the Veterans Health Administration as
well as the costs of Veterans Integrated Service Network (VISN)
offices and facility directors, all information technology
hardware and software, legal services, billing and coding
activities, procurement, and related activities.
Includes language allowing $150,000,000 of the funds to
be available until September 30, 2005.
The conferees agree that the Department must continue
research oversight activities at a level not less than directed
in the fiscal year 2003 appropriations Act. Further, the
conferees reiterate the language contained in House Report 108-
235 regarding the reporting and consulting requirements of the
oversight board.
The conferees are concerned that the realignment
recommendations of the CARES Commission may lead to a reduction
in long-term care, domiciliary care, and mental health
services. The VA is expected to expedite the strategic planning
process for these services. Based on the Secretary's statements
the conferees urge that no closures or reduction in long-term
care, domiciliary care, and mental health services will take
place until the full analysis is completed. The VA should
submit updates on their progress in this effort to the
Committees on Appropriations.
The conferees encourage the VA to consider all travel
issues, such as road conditions, number of lanes on access
highways, and seasonal changes in and other factors relating to
the weather, in any analysis on the future needs of veterans
health care. Further, the CARES Commission should give as much
attention to solving the special needs of veterans who live in
rural areas as it does to providing for the health care needs
of veterans living in more highly populated areas and include
in its recommendations investments and initiatives to achieve
the Department's accessibility standard for primary health care
in rural and highly-rural health care markets.
The conferees recognize the benefits of and the need to
have CARES-related hearings within 30 miles of all facilities
facing closure or a significant realignment of services, as
well as the need for veterans participation at these hearings.
The VA is encouraged to hold hearings in all affected
communities following the Secretary's final recommendation.
Finally, the conferees direct the Secretary, prior to
implementing any facility closure as recommended in the final
CARES plan, to develop recommendations for future use of such
facilities (including, but not limited to, enhanced-use lease
opportunities and clinics) and submit a report to the House and
Senate Committees on Appropriations on the recommendations for
each facility.
To ensure improved security, greater control, and unified
manageability of information technology systems, the conferees
direct the VA to consolidate critical applications including
all business/corporate applications, messaging, office
automation, and relevant medical systems applications at no
more than six sites nationwide for the purpose of providing
business continuity capabilities between each site to ensure
continuity of operations of mission critical VA activities.
MEDICAL FACILITIES
Appropriates $4,000,000,000 for the operation,
maintenance and security of VHA's capital infrastructure.
Included under this heading are provisions for the costs
associated with utilities, engineering, capital planning,
leases, laundry and food services, grounds keeping, garbage,
housekeeping, facility repair, and property disposition and
acquisition. None of the funds for the land and structures
object classifications are subject to delay.
Inserts new language allowing $150,000,000 of the funds
to be available until September 30, 2005.
The conferees direct the Secretary of Veterans Affairs to
make the North Chicago VA Medical Center available to the Navy
to the maximum extent feasible, including the modification of
its surgical suites. The conferees also direct the Secretary to
finalize, in consultation with the Secretary of the Navy, site
selection for a new joint Navy/VA ambulatory care center to
serve both veterans and active duty naval personnel in this
community. The conferees urge the Secretary to study the
placement of the clinic adjacent to the North Chicago VA
Medical Center. The Secretary shall report to the Committees on
Appropriations on the site selection and progress on the
surgical suite and urgent care modifications by July 30, 2004.
The conferees are aware of a pending enhanced-use lease
agreement between the Department of Veterans Affairs and the
City of Fort Thomas, Kentucky for twelve residential buildings.
The conferees direct the Secretary, prior to executing the
enhanced-use lease agreement, to offer to transfer one of the
residential properties to the U.S. Army Corps of Engineers to
be used as the residence for the Commander of the Great Lakes
and Ohio River Division, if the Secretary determines it is
cost-beneficial to the Department. As a condition of the
transfer, the U.S. Army Corps of Engineers will assume
responsibility and costs for all utilities and all related
access issues of the transferred property, and property
compliance with City historic preservation codes and any
residential association regulations. Further, the U.S. Army
Corps of Engineers will grant an access easement to recognize
the existing alley that is used for vehicular access to the
adjacent properties.
MEDICAL AND PROSTHETIC RESEARCH
Appropriates $408,000,000 for medical and prosthetic
research as proposed by the House instead of $413,000,000 as
proposed by the Senate. The conferees direct the continued
partnership with the National Technology Transfer Center at the
current level of effort.
Departmental Administration
GENERAL OPERATING EXPENSES
Appropriates $1,283,272,000 for general operating
expenses as proposed by both the House and Senate.
Provides not less than $1,005,000,000 for the Veterans
Benefits Administration (VBA) as proposed by the House instead
of $1,004,704,000 as proposed by the Senate.
Provides two-year availability for $66,000,000 as
proposed by the House instead of $64,000,000 as proposed by the
Senate.
Deletes the travel limitation proposed by the House. The
Senate did not include a travel limitation.
The conferees direct VA to proceed with information
technology initiatives supporting the Department's enterprise
architecture and continuity of operations capabilities and
direct that not less than $25,000,000 be allocated for these
activities Department-wide.
The conferees encourage the Department to undertake the
conversion of paper claims at the VBA to a digital format
consistent with the paperless claim initiative.
NATIONAL CEMETERY ADMINISTRATION
Appropriates $144,203,000 for the National Cemetery
Administration as proposed by the Senate instead of
$144,223,000 as proposed by the House. Provides two-year
obligation authority for $7,200,000 of the appropriated funds
as proposed by the Senate instead of one-year availability for
all funds as proposed by the House.
The conferees strongly urge the Department to continue
efforts at the Johnson's Island Cemetery in Sandusky, Ohio to
determine if veterans are interned under a roadway bordering
the cemetery and report back to the Committees on
Appropriations of their findings.
OFFICE OF INSPECTOR GENERAL
Appropriates $62,000,000 for the Office of Inspector
General instead of $62,250,000 as proposed by the Senate and
$61,750,000 as proposed by the House.
CONSTRUCTION, MAJOR PROJECTS
Appropriates $272,690,000 for construction, major
projects as proposed by the Senate instead of $274,690,000 as
proposed by the House. The conferees have included bill
language proposed by the Senate which defines a major
construction project as one where the estimated cost is more
than the amount set forth in 38 U.S.C. 8104(a)(3)(A), instead
of a definite dollaramount as proposed by the House. The
conferees are aware that the authorizing committees of jurisdiction
have legislation pending which would raise the current $4,000,000
project threshold and have referenced the appropriate citation in lieu
of a dollar amount in anticipation of new legislation.
The conference agreement includes $181,000,000 to support
construction projects supporting recommendations of the CARES
plan, instead of $173,000,000 as proposed by the House and
$183,000,000 as proposed by the Senate. Additional
recommendations of the conferees are as follows:
----------------------------------------------------------------------------------------------------------------
House Report Senate Report Conference
Description 108-235 108-143 Agreement
----------------------------------------------------------------------------------------------------------------
CARES................................................... $173,000,000 $183,000,000 $181,000,000
VHA Advance Planning Fund............................... 25,000,000 15,000,000 15,000,000
VHA Asbestos............................................ 5,000,000 5,000,000 5,000,000
VHA Claims.............................................. 2,000,000 2,000,000 2,000,000
VHA Judgment............................................ 10,000,000 10,000,000 10,000,000
VHA Hazardous Waste..................................... 1,000,000 1,000,000 1,000,000
VBA..................................................... 271,000 271,000 271,000
NCA Phase I Development: Detroit, MI.................... 8,700,000 8,700,000 8,700,000
NCA Expansion: Ft. Snelling, MN......................... 24,800,000 24,800,000 24,800,000
NCA Expansion: Barrancas, FL............................ 12,000,000 12,000,000 12,000,000
NCA Design Funds........................................ 6,000,000 6,000,000 6,000,000
NCA Advance Planning Fund............................... 4,919,000 2,919,000 4,919,000
Staff Offices........................................... 2,000,000 2,000,000 2,000,000
----------------------------------------------------------------------------------------------------------------
The conferees direct continued efforts and planning to
co-locate the Denver VA Medical Center with the University of
Colorado Hospital and a Department of Defense medical facility
at the Fitzsimmons campus.
The conference agreement does not include specific
planning funds for a clinic at the Defense Supply Center due to
a lack of authorization, but the conferees encourage the
Secretary of Veterans Affairs to continue working with the
Secretary of Defense to identify a suitable construction site
in anticipation of future project authorization.
The conferees direct the Secretary of Veterans Affairs to
continue the current development of a cemetery annex on
property transferred from the Miramar Naval Air Station.
The conferees reiterate language included in Senate
Report 108-143 and House Report 108-235 regarding the disposal
of the Lakeside VA Medical Center, full funding for
implementation of the CARES recommendations, public-private
partnerships for new facility construction, a requirement that
the Department submit a comprehensive CARES plan, and the
requirement that all construction be consistent with CARES or
the national cemetery studies.
CONSTRUCTION, MINOR PROJECTS
Appropriates 252,144,000 for construction, minor projects
as proposed by both the House and the Senate. The conferees
have included bill language proposed by the Senate which
defines a minor construction project as one where the estimated
cost is equal to or less than the amount set forth in 38 U.S.C.
8104(a)(3)(A), instead of a definite dollar amount as proposed
by the House. The conferees are aware that the authorizing
committees of jurisdiction have legislation pending which would
raise the current 4,000,000 project threshold and have
referenced the appropriate citation in lieu of a dollar amount
in anticipation of new legislation.
The conference agreement provides up to 40,000,000,
instead of 35,000,000 as proposed by the House and 42,000,000
as proposed by the Senate, for construction projects
implementing CARES recommendations, to be available upon
notification of and approval by the Committees on
Appropriations.
The conferees strongly urge the Department to allocate a
greater percentage of its construction budget for quality and
safety improvements to research facilities.
The conferees reiterate language contained in House
Report 108-235 regarding the requirement that all VA
construction be consistent with CARES or the national cemetery
studies, project approval by a central VA capital review board,
and Deputy Secretary approval for any group of projects where
the total costs exceed the major/minor construction threshold.
The conferees direct the Department to proceed with the
planned acquisition and development of a parking lot at the St.
Louis VA Medical Center, John J. Cochran Division, using
appropriations previously provided for in construction, minor
projects. The Department is encouraged to explore the
possibility of an enhanced-use lease partnership to establish a
structured parking facility on the site.
PARKING REVOLVING FUND
The conference agreement does not include the House
proposal for a separate parking revolving fund account. Rather,
the conferees have agreed to the administrative provision
proposed by the Senate which deposits receipts from the parking
revolving fund into the medicalcare collections fund for
medical services. Authority for construction or alteration of a parking
facility is now included under the construction, major projects and
construction, minor projects accounts.
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
Appropriates $102,100,000 for grants for construction of
state extended care facilities as proposed by both the House
and the Senate.
The conferees encourage the Department to work with the
State of New Jersey as that state applies for a grant.
GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES
Appropriates $32,000,000 for grants for construction of
state veterans cemeteries as proposed by both the House and the
Senate.
ADMINISTRATIVE PROVISIONS
(INCLUDING RESCISSION OF FUNDS)
Retains the first twelve administrative provisions which
were carried in both the House and Senate bills, and which have
been carried in previous years.
Retains the provision proposed by the Senate allowing the
Department to reimburse the Office of Resolution Management up
to $29,318,000 and the Office of Employment Discrimination
Complaint Adjudication up to $3,059,000 from fiscal year 2004
salary and expenses accounts.
Retains the provision proposed by the House providing
$25,000,000 of VA's total information technology budget for
enterprise architecture activities under the Office of the
Chief Information Officer.
Retains the provision proposed by the Senate regarding
implementation of Public Law 107-287 by prohibiting funds for
implementation of section 2 and section 5.
Deletes the provision proposed by the House allowing the
Secretary to establish a priority system for veterans seeking
medical services. The conference agreement instead includes in
medical services a similar provision proposed by the Senate in
medical care.
Retains the provision proposed by the Senate merging
various receipt accounts of the Department of Veterans Affairs
into the Medical Care Collections Fund.
Retains the provision proposed by the House directing the
Secretary to conduct a recovery audit program.
Retains the provision proposed by the Senate allowing the
Secretary to transfer enhanced-use lease revenue from the
Medical Care Collections Fund to the construction accounts.
Retains the provision proposed by the House allowing the
Secretary to furnish recreation services and pay funeral
expenses. The Senate proposed an almost identical provision
under medical care.
Modifies the provision transferring all balances in the
medical care collections fund to medical services. Both the
House and Senate included provisions transferring the receipts
from the medical care collections fund to medical accounts in
different parts of the bill.
Modifies language proposed by the House allowing the
transfer of funds between Veterans Health Administration
accounts.
Deletes without prejudice language proposed by the House
renaming the Houston VAMC. The conferees defer to the
jurisdiction of the relevant authorizing committees.
Deletes the provision proposed by the House directing the
Secretary to report on sharing agreements with the Department
of Defense. Report language is instead included under the
medical facilities account.
Inserts a provision directing VA to implement the revised
VHA account structure within 90 days of enactment and to submit
the fiscal year 2005 budget justification using the account
structure included in this Act.
Inserts a provision rescinding $270,000,000 of prior year
funds from medical care. This funding is re-appropriated to
medical services. The Senate proposed an identical provision
under medical care.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
The conferees restate the reprogramming requirements with
respect to amounts approved for each appropriations account
within this title. The Department must limit the reprogramming
of funds between the programs, projects, and activities within
each account to not more than $500,000 without prior approval
of the Committees on Appropriations. Unless otherwise
identified in this statement of managers or committee reports,
the most detailed allocation of funds presented in the budget
justifications shall be considered to be approved, with any
deviation from such approved allocation subject to the normal
reprogramming requirements outlined above. Further, it is the
intent of the conferees that all carryover funds in the various
accounts, including recaptures and deobligations, are subject
to the normal reprogramming requirements outlined above.
Further, no changes may be made to any program, project, or
activity if it is construed to be policy or a change in policy,
without prior approval of the Committees. Finally, the
conferees expect to be notified regarding reorganizations of
offices, programs or activities prior to the planned
implementation of such reorganizations, as well as be notified,
on a monthly basis, of all ongoing litigation, including any
negotiations or discussions, planned or ongoing, regarding a
consent decree between the Department and any other entity.
Public and Indian Housing
HOUSING CERTIFICATE FUND
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
Appropriates $19,371,481,762 instead of $18,580,606,000
as proposed by the House and $18,433,606,000 as proposed by the
Senate. This amount is $2,259,868,941 over the amounts provided
in fiscal year 2003 and represents a 13.2 percent increase. The
conference agreement does not include language proposed by the
Senate to require the Secretary to make available other funds
should funds provided be insufficient.
In lieu of any direction included in the House and Senate
reports, unless otherwise provided for below, the Department is
directed to use the guidance set forth below in administering
the programs under this account in fiscal year 2004.
The conference agreement includes language to allocate
funds among the various activities as follows:
Renewals.--The conference agreement provides a total of
$17,635,130,745 for renewals of section 8 vouchers, section 8
project-based assistance, and moderate rehabilitation
contracts, instead of $16,445,578,000 as proposed by the House
and $16,202,616,000 as proposed by the Senate. The amount
provided represents a $2,467,419,924, or 16 percent, increase
over the fiscal year 2003 level for renewals.
Pursuant to the budget request, the conference agreement
assumes funding for project-based section 8 contract amendment
needs in fiscal year 2004 will be met through recaptures.
The conferees are concerned about the spiraling increase
in the cost of providing assistance under the voucher program.
The conferees are aware that the national average cost per
voucher has increased at a rate of more than double the average
increase in the private rental market in each of the last two
years, including a 10 percent increase in 2002 and an
additional estimated 9 percent increase in 2003. At the same
time, the rental housing market has softened. The conferees are
aware that the Secretary has the administrative authority to
control the rapidly rising costs of renewing expiring annual
contributions contracts (ACC), including the budget based
practice of renewing expiring ACCs, and expect the Secretary to
utilize these tools.
Because of the alarming increases to the cost of rents
under the section 8 tenant-based program the conferees direct
HUD to report to the House and Senate Committees on
Appropriations by July 31, 2004, on the underlying reasons for
these annual increases in the average costs of section 8 rents.
While the conferees support efforts by PHAs to increase their
utilization of vouchers to serve additional families, PHAs must
manage their programs in a prudent manner to maximize the
number of families served. Therefore, the report needs to (1)
identify all the laws, regulations and policies that currently
govern the setting of voucher rents; (2) review the
implementation of these laws, regulations and policies by
public housing agencies and HUD in areas where the voucher
rents appear to be inconsistent with the cost of comparable
housing in the unsubsidized rental housing market; (3) the
costs associated with such laws, regulations and policies; and
(4) recommendations to maximize the delivery of assistance
under the section 8 program.
Language proposed by the Senate is not included to limit
the contract terms for renewals under the Emergency Low Income
Housing Preservation Act of 1987 (ELIHPRA) and the Low Income
Housing Preservation and Resident Homeownership Act of 1990
(LIHPRA). The House did not propose a similar provision. To the
extent that the renewal of such contracts is in the best
interest of the Federal government, the Department may enter
into contract terms consistent with other project-based
programs. However, the conferees direct that funding for such
renewals be limited to a one-year term as required in the
annual appropriations Act.
Language is included, modified from language proposed by
the House and Senate, to renew expiring section 8 tenant-based
annual contributions contracts for each public housing agency
based on the total number of unit months reported under lease
by the PHA on its most recent end-of-year financial statement
or as adjusted by such additional information submitted by the
PHA as of August 1, 2003, and by applying an inflation factor
based on local or regional inflation factors to the actual per
unit cost.
Language is included as proposed by the House prohibiting
funds from being used to support a total number of unit months
under lease which exceeds a PHA's authorized level of units
under contract, instead of language proposed by the Senate
authorizing funds to be used to fund over-leased units under
certain conditions.
The conferees direct the Department to allow maximum
flexibility under the law in order to allow PHAs to be
temporarily over-issued and/or over-leased due to efforts to
reach full leasing. While PHAs may become temporarily over-
leased, they may not, at any time, exceed their total unit
month allocation (12 months times total number of authorized
vouchers) for its fiscal year.
If a PHA over-issues and over-leases vouchers to such an
extent that it exceeds its total unit month allocation for its
fiscal year, the Department shall take any appropriate action
to ensure that funding for such over-leasing does not occur,
including the recapture or withholding of funds. In addition,
the Department may take whatever administrative actions are
available to it to reprimand or sanction PHAs that have over-
issued or over-leased in a manner that displays a negligent or
intentional disregard for the limits on voucher renewals and
leasing set by the Congress.
The conferees understand that during 2003 some PHAs over-
issued and over-leased vouchers to a level that exceeds their
maximum total unit month allocation. The conferees expect such
PHAs to take all actions necessary to stay within their fiscal
year 2004 total unit month allocation and direct the Department
to ensure compliance with such limitation. In the interim, such
PHAs may use balances derived from funds provided prior to
fiscal year 2003 that remain in their administrative fee
reserves and program reserves, if necessary, to ensure that
currently housed families may continue to use their section 8
vouchers. However, in no case shall funds derived from fiscal
year 2003 appropriations or funds provided in this Act be used
for such purpose.
Central Reserve Fund.--$136,846,017 for a central reserve
fund instead of $568,503,000 as proposed by the House and
$461,329,000 as proposed by the Senate. Modified language is
included to allow the Secretary to use the Central Fund, as
necessary, for additional units not under lease on August 1,
2003, but not to exceed the authorized contracted level.
Language proposed by the House and Senate is not included to
allow the Central Fund to also be used for increased per unit
costs as such costs have been reflected in the amount provided
for renewals.
Language is included as proposed by the House prohibiting
funds made available in the central fund from being used to
support a total number of units under lease in excess of a
PHA's authorized level of units. The Senate proposed language
to require the Secretary to make available funds for additional
units under lease to maintain a PHA's authorized voucher level
throughout the year, including turnover and reissued vouchers
is not included. In addition, language proposed by the Senate
requiring the Secretary to make available other funds should
the amount provided be insufficient to maintain such a level is
not included.
Language proposed by the Senate is not included
authorizing the Secretary to use up to $36,000,000 from the
central fund for incremental vouchers for non-elderly and
disabled families impacted by elderly-only designations in
public housing. The House did not include similar language.
Modified language is included, similar to language
proposed by the House, requiring the Secretary to submit
quarterly reports to the Committees on Appropriations on the
obligation of funds provided in the central fund. Such report
shall include the following: the amounts made available from
the central fund provided for additional units not under lease
as of August 1, 2003, delineated by PHA, and the total balance
remaining in the fund. The first such report is due no later
than May 1, 2004.
Tenant Protection.--$206,495,000 for rental subsidies for
tenant protection activities to replace project-based section 8
assistance with section 8 vouchers, for conversion of section
202 and section 23 projects to section 8 assistance, for the
family reunification program and for the witness protection
program, as proposed by the House instead of $252,203,000 as
proposed by the Senate.
Family Self Sufficiency Coordinators.--$48,000,000 for
service coordinator staff in each public housing agency as
proposed by the House, instead of $72,000,000 as proposed by
the Senate.
Administrative Costs--Section 8 Voucher Program.--Not to
exceed $1,242,000,000 for PHA administrative costs and other
expenses, instead of $1,209,020,000 as proposed by the House
and $1,339,448,400 as proposed by the Senate.
In lieu of language proposed by the Senate to allocate
funds pursuant to the formula specified in section 8(q) of the
United States Housing Act of 1937 and language proposed by the
House giving the Secretary the flexibility to determine the
allocation of funds, the conference agreement includes new
language as described below.
Of this amount, not to exceed $1,192,000,000 shall be
allocated on a pro rata basis to PHAs based on the amount of
funding they were eligible to receive in 2003 or would have
been eligible to receive notwithstanding the reductions due to
excess administrative fee balances pursuant to the fiscal year
2003 Act. In addition, up to $50,000,000 is available to be
allocated at the Secretary's discretion to PHAs that need
additional funds to administer their section 8 programs in
fiscal year 2004. New language is also included requiring that
these funds be distributed as provided for in this Act
notwithstanding any other provision of law.
Language is included as proposed by the House prohibiting
any funds provided under this, or any other Act, from being
used to supplement the amounts designated in this account for
administrative expenses. The Senate did not include similar
language.
Modified language is included similar to language
proposed by the House limiting the use of section 8
administrative reserves to activities related to the provision
of section 8 rental assistance, including related development
activities. The Senate did not include similar language.
Language proposed by the House is not included to require
the Secretary to recapture certain unspent administrative fees.
The Senate did not include similar language.
The conferees are concerned that neither HUD nor the
public housing agencies complied fully with requirements in the
FY 2003 appropriations Act that reduced the payment of section
8 administrative fees to public housing agencies based on the
amount of funds in their administrative fee accounts as of
January 31, 2003. The conferees understand that the amounts
PHAs disclosed to HUD to comply with the requirements of the
Act were far less than expected. Therefore, the conferees
direct GAO to review compliance with the provisions of the Act.
GAO is expected to report on these issues no later than April
10, 2004, to the House and Senate Committees on Appropriations.
Administrative Costs--Project-Based Section 8 Program.--
$100,000,000 for contractors to administer the project-based
section 8 program, the same amount proposed by the House and
Senate.
Working Capital Fund.--Not less than $3,010,000 for
transfer to the Working Capital Fund for the development of and
modifications to information technology systems as proposed by
both the House and the Senate.
The conference agreement does not include a provision
proposed by the Senate bill to designate up to $3,000,000 for
an outside audit of the funds included for the various programs
covered by the Housing Certificate Fund. The House did not
include a similar provision. Instead, the conferees direct GAO
to conduct an audit of this account, including a review of how
funds are accounted for and allocated by program and activity.
The report should identify the sources and uses for section 8
funds obligated by the Department in fiscal years 2002 and
2003. In particular, GAO should review HUD's method of
accounting for all programs and activities covered by this
account as well as how public housing agencies maintain and
account for their use of these funds for each program and
activity (including the use of section 8 reserves and how
public housing agencies track expenditures). The final report
on the findings in the audit is due to the House and Senate
Committees on Appropriations no later than July 15, 2004, and
is directed to include recommendations to improve the quality
and timeliness of information as to the actual costs of each
program and activity and the amount of any carryover or unused
funds.
The conferees direct the Department to provide a report
to the Committees on Appropriations no later than April 1,
2004, on the status of implementation of the Public and Indian
Housing Information Center (PIC).
Language is included as proposed by the House allowing
the Secretary to transfer up to 15 percent of the funds
provided for renewals, the central fund and administrative fees
to supplement amounts provided for renewals and the central
fund under certain circumstances and in accordance with certain
procedures. The Senate proposed similar language.
Includes language permanently requiring all PHAs to
submit accounting data for funds provided under this account in
this Act or any other Act by source of funds and purpose of
such funds as proposed by the Senate. The House did not include
similar language.
Includes language rescinding $2,844,000,000 from
unobligated balances of funds appropriated in fiscal year 2003
and prior years, instead of $1,372,000,000 as proposed by the
House and the Senate. Includes language allowing unobligated
balances in programs governed by reallocation provisions to be
used to meet this rescission as proposed by the House and the
Senate.
PUBLIC HOUSING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Appropriates $2,712,255,000 for the public housing
capital fund as proposed by the House instead of $2,641,000,000
as proposed by the Senate.
Does not include language proposed by the House and
Senate designating a portion of funds to be allocated only to
those PHAs that have met certain obligation and expenditure
requirements, nor is language included proposed by the House to
nullify such requirements upon publication of a final rule
implementing the obligation and expenditure requirements set
forth in the Quality Housing and Workforce Responsibility Act
of 1998 (QHWRA). The conferees note that the provisions
proposed in both bills were carried in prior appropriations
Acts as an interim procedure to allocate funds to high
performing PHAs until such time as the Department implemented
the timeliness requirements set forth in section 9(j) of QHWRA.
The conferees understand that the Department has implemented
such provisions and will allocate the amounts provided in
fiscal year 2004 in accordance with the procedures and
requirements set forth in such section, obviating the need for
the interim procedures.
Includes modified language, similar to language proposed
by the House and Senate and carried in prior years, regarding
the delegation of waiver authority and the definition of the
term ``obligate''.
Includes $50,000,000 for technical assistance including
up to $13,000,000 for remediation services to certain troubled
PHAs as proposed by the Senate, instead of $51,000,000 for
technical assistance including up to $13,000,000 for
remediation services to troubled PHAs as proposed by the House.
Includes no less than $10,610,000 for information
technology systems and up to $500,000 for section 23 projects
as proposed by both the House and Senate.
Includes up to $40,000,000 for emergency capital needs
resulting from emergencies or natural disasters in fiscal year
2004 as proposed by the House. The Senate proposed similar
language.
Includes $15,000,000 for Neighborhood Networks grants to
be awarded on a competitive basis as proposed by the Senate.
The House did not include funding for this purpose. Language is
included, similar to language proposed by the Senate, requiring
such funds to be competitively awarded. The conferees remind
HUD that these funds, and all other funds provided in this Act,
are to be awarded on a competitive basis in accordance with the
requirements set forth in section 205 under administrative
provisions in this title.
The conference agreement does not include $125,000,000
for a new loan financing program of public housing proposed by
the Senate to be authorized in an administrative provision in
this title. The conferees further understand that 92 PHAs have
successfully utilized $313,556,000 in public housing funds to
leverage $1,012,149,000 in private sector financing to address
capital modernization needs. The conferees encourage PHAs to
continue to pursue such partnerships. The conferees encourage
the authorization committees to explore additional alternative
financing tools to leverage private sector financing for
capital improvements in public housing. The House did not include
similar funding or language.
The conferees reiterate the direction included in the
House report regarding quarterly reports on the obligation and
expenditure of capital funds with the first report due no later
than February 2, 2004.
PUBLIC HOUSING OPERATING FUND
Appropriates $3,600,000,000 for the public housing
operating fund as proposed by the House instead of
$3,576,600,000 as proposed by the Senate.
Language is included specifying that funds provided in
this Act are to be used only for 2004 payments to public
housing authorities as proposed by the House. Language is also
included permanently prohibiting funds provided in this Act and
any other Act from being used for payments to public housing
agencies for the operating costs of public housing for any year
prior to the current year of such Act as proposed by Senate.
The House proposed similar language. The conferees have
included such language to ensure that funds appropriated are
used for current year operating subsidies payments rather than
to augment the amount of prior year operating subsidy payments
above the level appropriated in such year, a previous practice
which the Committees have questioned as a violation of
appropriations law.
Language is included making $10,000,000 available for
programs to assist in the investigation, prosecution and
prevention of criminal activities in public housing to be
administered through a reimbursable agreement with the
Department of Justice (DOJ). The conferees expect that HUD
determine, in consultation with DOJ, the priorities in the
allocation of these funds.
REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)
Appropriates $150,000,000 for the revitalization of
severely distressed public housing program (HOPE VI), instead
of $195,115,000 as proposed by the Senate and $50,000,000 as
proposed by the House.
Language is included making funds available for
obligation until September 30, 2005, as proposed by the House,
instead of providing no-year authority as proposed by the
Senate.
Of the amount provided, the conference agreement includes
$4,000,000 for technical assistance, instead of $5,000,000 as
proposed by the House and $3,000,000 as proposed by the Senate.
Language is not included setting forth certain conditions
and requirements on the recapture of funds from grants awarded
under the HOPE VI program prior to fiscal year 1998 as proposed
by the Senate. The House did not address this matter. The
conferees encourage HUD to continue to work with public housing
authorities to ensure timely completion of projects, but
recognize that not all grantees are making such progress. The
conferees understand the Secretary has the authority to take
action against grantees which have failed to meet the
requirements associated with such grants, including but not
limited to, the recapture of funds. The conferees understand
that beginning in March 2002 HUD began to take a series of
actions to improve its oversight of HOPE VI grantees including
developing and implementing enforcement actions, remedies and
penalties for nonperformance. In addition, a May 2003 General
Accounting Office (GAO) review of HUD's HOPE VI grant selection
and oversight processes made several recommendations including
development of a formal written enforcement policy to hold
public housing authorities accountable for the status of their
grants. The conferees request the Department submit a report to
the Committees on Appropriations, no later than February 1,
2004, which identifies the changes implemented and planned to
improve HUD's oversight of HOPE VI grantees; the status of each
HOPE VI project funded prior to 1999 and any actions taken to
ensure timely completion of such project; the Department's
plans for implementing the recommendations made by GAO; and
proposed alternative housing strategies to mitigate the impact
of a recapture of funds on residents of failed HOPE VI
projects.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $654,100,000 instead of $661,600,000 as
proposed by the House and $646,600,000 as proposed by the
Senate. Of the total amount, $4,500,000 is for inspections,
training, and technical assistance instead of $5,000,000 as
proposed by the House and $4,000,000 as proposed by the Senate.
Of the total amount, $2,000,000 is for guaranteed loans
to subsidize a total guaranteed loan principal of up to
$16,658,000 as proposed by the Senate instead of $1,000,000 to
subsidize a total loan volume of up to $8,049,000 as proposed
by the House.
The Department is directed to submit the report required
by section 9 of Public Law 107-292 on the extent of black mold
infestation of Native American housing in the United States,
and recommendations to address the infestation, by December 15,
2004.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $5,300,000 for guaranteed loans for Native
American housing on trust lands to subsidize a total loan
principal of up to $197,243,000 as proposed by the House and
the Senate.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,035,000 for guaranteed loans for Native
Hawaiian housing to subsidize a total guaranteed loan principal
of up to $39,712,000 as proposed by the Senate instead of
$1,000,000 to subsidize a total loan principal of up to
$35,347,985 as proposed by the House.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Appropriates $296,500,000 for housing opportunities for
persons with AIDS (HOPWA) instead of $302,000,000 as proposed
by the House and $291,000,000 as proposed the Senate.
Language proposed by the Senate to exempt existing
grantees from changes resulting from Federal government-wide
changes in designations in metropolitan statistical areas is
not included. The House did not include a similar provision.
RURAL HOUSING AND ECONOMIC DEVELOPMENT
Appropriates $25,000,000 for rural housing and economic
development as proposed by both the House and Senate. Language
is included requiring funds to be awarded competitively as
proposed by the House. The Senate included similar language.
The Department is reminded that these funds are to be
distributed on a competitive basis in accordance with the
requirements set forth in section 205 under administrative
provisions in this title.
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES
Appropriates $15,000,000 for grants to the second round
of empowerment zones as proposed by the House. The Senate did
not include funding for this activity. The conferees expect the
Secretary to implement recommendations from the Inspector
General's audits of the round II empowerment zones and to
provide a report to the Committees not later than March 1,
2004, on the status of the resolution of all audit findings.
COMMUNITY DEVELOPMENT FUND
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $4,950,000,000 for various activities funded
in this account as proposed by the Senate instead of
$4,959,000,000 as proposed by the House. The conferees agree to
the following:
--$4,356,550,000 for formula grants under the Community
Development Block Grant program (CDBG), instead of
$4,538,650,000 as proposed by the House and $4,545,700,000 as
proposed by the Senate;
--$72,000,000 for grants to Indian tribes as proposed by
the House instead of $72,500,000 as proposed by the Senate;
--$3,300,000 for the Housing Assistance Council as
proposed by the House and Senate;
--$2,500,000 for the National American Indian Housing
Council instead of $2,400,000 as proposed by the House and
$2,600,000 as proposed by the Senate;
--$52,000,000 for section 107 grants, instead of
$43,000,000 as proposed by the House and $52,500,000 as
proposed by the Senate. Within the amount provided for section
107 grants, the conference agreement provides the following:
$7,000,000 for insular areas;
$10,500,000 for historically black colleges and
universities, of which up to $2,000,000 may be used for
technical assistance;
$3,000,000 for community development work study;
$7,000,000 for Hispanic Serving Institutions;
$7,000,000 for the Community Outreach Partnerships program;
$3,000,000 for tribal colleges and universities;
$3,500,000 for Alaska Native-Serving Institutions and
Native Hawaiian-Serving Institutions;
$9,500,000 for assistance under the Hawaiian Homelands
Homeownership Act of 2000; and
$1,500,000 for technical assistance.
--$5,000,000 for the National Housing Development
Corporation for continuation of its program of acquisition,
rehabilitation, and preservation of at-risk affordable housing,
including $2,000,000 for operating expenses as proposed by the
House. The Senate did not propose funding for this program;
--$5,000,000 for the National Council of La Raza HOPE
Fund, of which $500,000 is for technical assistance and fund
management and $4,500,000 is for investments and financing as
proposed by the House. The Senate did not propose funding for
this program;
--$27,000,000 for grants to eligible grantees under
section 11 of the Self-Help Housing Opportunity Program (SHOP),
instead of $28,000,000 as proposed by the House and $12,000,000
as proposed by the Senate;
--$34,750,000 for capacity building, of which $30,000,000
is for the Community Development and Affordable Housing program
for LISC and the Enterprise Foundation for activities as
authorized by section 4 of the Department of Housing and Urban
Development Demonstration Act, as in effect before June 12,
1997, including $5,000,000 for rural areas; and of which
$4,750,000 is for Habitat for Humanity International. The House
proposed $33,250,000 for capacity building including
$28,250,000 for LISC and the Enterprise Foundation and
$5,000,000 for Habitat for Humanity; and the Senate proposed
$35,500,000 for such activities including $31,500,000 for LISC
and the Enterprise Foundation and $4,000,000 for Habitat for
Humanity. The conferees direct that the increase provided above
the fiscal year 2003 level for Habitat for Humanity be used to
expand the ability of Indian tribes to participate in SHOP and
other Habitat for Humanity programs;
--$65,000,000 for YouthBuild as proposed by the House
instead of $60,000,000 as proposed by the Senate;
--$278,000,000 for economic development initiatives
instead of $137,500,000 as proposed by the House and
$140,000,000 as proposed by the Senate. Language is included
prohibiting funds from being used for program operations as
proposed by the House. The Senate did not include a similar
provision. The conferees note that projects receiving funds
must comply with the environmental review requirements set
forth in section 305(c) of the Multifamily Housing Property
Disposition Act of 1994 (42 U.S.C. 3547). The conferees will
not entertain waivers of such requirements. In addition, funds
provided for projects shall not be used for reimbursement of
expenses incurred prior to the receipt of economic development
initiative funding. Modified language is included, similar to
language proposed by the House and Senate, to target funds made
available under this program. Targeted grants shall be made as
follows:
1. $25,000 to the 21st Century Council Impact Learning
Center in Jackson County, Alabama for completion of facility
build out;
2. $50,000 to the Huntsville Achievement School in
Huntsville, Alabama for completion of facility renovations;
3. $75,000 to the Children's Museum of the Shoals in
Florence, Alabama for planning and design of a Native American
exhibit;
4. $75,000 to the City of Uniontown, Alabama for
renovation of the old Uniontown Middle School;
5. $100,000 to Boaz, Alabama for construction and
renovation for the Boaz Community Activities Center;
6. $100,000 to the City of Luverne, Alabama for
sidewalks, street furniture and facade improvements;
7. $100,000 to the Madison County Commission for
construction of the Woody Anderson Library in Monrovia,
Alabama;
8. $200,000 to the City of Opelika, Alabama for
rehabilitation of the historic Dallas Armory;
9. $200,000 to the Burritt Center in Huntsville, Alabama
for building construction;
10. $250,000 to Lamar County, Alabama for Industrial Park
site development;
11. $250,000 to Guntersville, Alabama for renovation of
the Community Cultural Arts Center;
12. $300,000 to Wallace Community College in Dothan,
Alabama for facilities construction and renovations for the
Southeast Alabama Nursing Initiative;
13. $300,000 to the City of Huntsville, Alabama for
streetscape, beautification and greenways improvements;
14. $400,000 to Arab, Alabama for construction of a
senior center;
15. $500,000 to the National Children's Advocacy Center
in Huntsville, Alabama for facilities planning and
improvements;
16. $900,000 to Spring Hill College in Mobile, Alabama
for construction of a new library;
17. $75,000 to the Bishop State Community College in
Mobile, Alabama for construction of a business technology
center;
18. $150,000 for the Selma Downtown Revitalization
Project in Selma, Alabama;
19. $400,000 for construction of the Parnell Memorial
Library in Montevallo, Alabama;
20. $3,000,000 for the City of Tuscaloosa for the 21st
Avenue Urban Renewal Project in Tuscaloosa, Alabama;
21. $400,000 for the University of South Alabama for
improvements related to the Mitchell College of Business
Library in Mobile, Alabama;
22. $75,000 for the Elmore County Economic Development
Authority for business and economic development activities in
Elmore County, Alabama;
23. $100,000 for the City of Millport, Alabama for
construction costs associated with the Regional Cultural
Center;
24. $200,000 for the Tuscaloosa County Commission for
Community Development in Tuscaloosa County, Alabama;
25. $100,000 for the Montgomery Boys and Girls Club,
Alabama for facility improvements;
26. $250,000 for the City of Fairhope, Alabama for
construction of the Fairhope Library;
27. $100,000 for the Huntsville/Madison County Convention
and Visitors Bureau for furnishing of the Visitors Center in
Huntsville, Alabama;
28. $475,000 for the Crenshaw County Economic/Industrial
Development Authority for industrial site preparation in
Crenshaw County, Alabama;
29. $100,000 for the Rockford Council of Arts and Crafts
for renovation of the Old Rockford School in Rockford, Alabama;
30. $150,000 for the City of Eufaula, Alabama for the
Broad Street Revitalization project;
31. $100,000 for the City of Northport, Alabama for
community development;
32. $1,000,000 for the Anchorage Museum, Anchorage,
Alaska for facilities expansion;
33. $30,000 for the City of Palmer, Alaska for public
facility improvements;
34. $200,000 for the City of North Pole, Alaska for
recreation improvements;
35. $150,000 for Juneau, Alaska for port facilities;
36. $500,000 for the Bering Straits Native Corporation
for the Cape Nome quarry upgrade, Nome, Alaska;
37. $1,000,000 for the Tongass Coast Aquarium, Ketchikan,
Alaska for improvements;
38. $750,000 for the J.P. Jones Community Development
Center, Fairbanks, Alaska for improvements;
39. $400,000 for Love, Inc., Fairbanks, Alaska for a
social service facility;
40. $1,000,000 for Cordova, Alaska costs associated with
the construction of a community center;
41. $750,000 for the Kenai Peninsula Borough, Kenai,
Alaska for recreation facilities;
42. $500,000 for the City of Sitka, Alaska for the
Sawmill Cove jobs center;
43. $500,000 for the Valdez Senior Center, Valdez, Alaska
for improvements;
44. $150,000 for the Anchorage Economic Development
Corporation, Anchorage, Alaska for a global logistics center;
45. $250,000 for the Alaska Aviation Heritage Museum,
Anchorage for improvements;
46. $175,000 to the City of Phoenix, Arizona for design
and construction of the Rio Salado Audubon Nature Center;
47. $200,000 to the Town of Guadalupe, Arizona for
construction and renovation to the Mercado shopping center;
48. $900,000 to the Dunbar Coalition, Inc. for renovation
of facilities for the African-American Historical Museum and
Cultural Center in Tucson, Arizona;
49. $75,000 to the Bullion Plaza Museum Association in
Miami, Arizona for renovation of the museum building;
50. $75,000 to Arkansas State University Mountain Home
for construction of the Vada Sheid Community Development
Center;
51. $75,000 to the Old Independence Regional Museum in
Arkansas for facilities renovation;
52. $75,000 to Arkansas State University Newport for
facilities construction at the commercial driver training
range;
53. $75,000 to the Camden Boys and Girls Club in Camden,
Arkansas for construction of recreational facilities;
54. $270,000 for the City of Conway, Arkansas for
downtown revitalization;
55. $75,000 to the Bryant Youth Association in Bryant,
Arkansas for land acquisition and construction of a Boys and
Girls Club facility;
56. $150,000 to North Arkansas College in Harrison,
Arkansas for construction of the Conference and Training
Center;
57. $500,000 for the Central Arkansas Resource
Conservation and Development Council in Helena, Arkansas for
the Cherry Street Historic Preservation Project;
58. $250,000 for the City of Fort Smith, Arkansas for
streetscapes improvements to Garrison Avenue;
59. $250,000 for the Studio for the Arts in Pocahontas,
Arkansas for construction of a theatre;
60. $75,000 to the East Valley YMCA in North Hollywood,
California for facilities renovation;
61. $75,000 to the Valley Family Center in the San
Fernando Valley, California for facilities construction;
62. $75,000 to the Boys and Girls Club of San Fernando
Valley, California for facilities renovation;
63. $75,000 to the Boys and Girls Club of Greater Oxnard
and Port Hueneme in California for structural facility
improvements;
64. $75,000 to the City of Oxnard, California for design
and construction of an addition to the public library;
65. $75,000 to Daguhoy Lodge in Stockton, California for
facility restoration;
66. $75,000 to the City of Long Beach, California for
renovation of the Museum of Latin American Art;
67. $75,000 to the City of Alhambra, California for
renovation of recreational facilities;
68. $75,000 to the City of Covina, California for
renovation of a facility for the homeless;
69. $75,000 to the City of West Covina, California for
construction of a regional community center;
70. $75,000 to the East San Gabriel Valley Japanese
Community Center in California for construction of a social
hall;
71. $90,000 to the City of Fontana, California for
acquisition and construction needs at Jack Bulik Park;
72. $100,000 to the City of Simi Valley, California for
buildout and upgrades for the Simi Valley Senior Citizens
Center;
73. $100,000 to North County Solutions for Change for the
Futures for Families project to construct regional transitional
housing in San Diego, California;
74. $100,000 to Search to Involve Pilipino Americans in
Los Angeles, California for facilities renovation at the Royal
Morales Pilipino American Community and Cultural Center;
75. $100,000 to the Valley Economic Development Center,
Inc. in Los Angeles, California for building renovation as part
of the Highland Park Commercial Revitalization project;
76. $100,000 to Santa Clara University in California for
planning and design for construction of the `Information
Commons';
77. $100,000 to the City of Palo Alto, California for
children's library renovations;
78. $100,000 to the City of La Puente, California for
construction to expand the city's youth learning center;
79. $100,000 to the County of Los Angeles, California for
planning and construction of a cultural and performing arts
center at the El Pueblo de Los Angeles State Historic Park;
80. $100,000 to the City of Huntington Park, California
for development of a downtown redevelopment master plan;
81. $100,000 to ONEgeneration in the San Fernando Valley,
California for construction of an intergenerational daycare
center;
82. $100,000 to the City of West Sacramento, California
for construction of the Collins Teen Center;
83. $100,000 to the City of Woodland, California for
parking construction;
84. $125,000 to the City of San Jose, California for
construction of a youth facility;
85. $125,000 to the City of Anaheim, California for land
acquisition to expand the La Palma Park;
86. $150,000 to Food Share, Inc. for facilities expansion
and construction for a community kitchen in Ventura County,
California;
87. $150,000 to the City of Oceanside, California for
construction of a senior citizens center;
88. $150,000 to the City of Lancaster, California for
development of a Regional Youth Baseball Complex;
89. $150,000 to the City of Long Beach, California for
construction of multi-use facilities at the Stearns Park
Community Center;
90. $150,000 to the East Los Angeles YMCA in Los Angeles,
California for facilities renovation;
91. $1,000,000 to the City of Inglewood, California for
design and construction of a senior center;
92. $150,000 to the City of Lawndale, California for
design and construction of a library;
93. $175,000 to the Rio Linda Union School District in
North Highlands, California for construction of the Oakdale
Community Center;
94. $175,000 to Goodwill Industries of Sacramento,
California for construction of a community training center;
95. $200,000 to the City of San Francisco, California for
facility renovation to house emancipated foster children;
96. $225,000 to the City of Corona, California for
construction of the Corona Community Center;
97. $225,000 to the City of Redding, California for
property acquisition and site preparation for the Stillwater
Business Park;
98. $225,000 to the City of Adelanto, California for
construction of a retail shopping center;
99. $225,000 to the City of Lancaster, California for
construction of public recreation facilities, parking
facilities and property acquisition for the North Downtown
Transit Village Project;
100. $225,000 to the City of Diamond Bar, California for
construction of a senior center;
101. $225,000 to the City of Citrus Heights, California
for streetscape improvements along the Auburn Boulevard
Commercial Corridor;
102. $225,000 to the Town of Groveland, California for
purchase of a youth center;
103. $225,000 to the Mission Preservation Foundation in
San Juan Capistrano, California for the Great Stone Church
restoration project;
104. $225,000 to Sonoma State University in California
for construction of the Green Music Center;
105. $275,000 to the City of Westminster, California for
construction of a community cultural and education center;
106. $275,000 to Kern County, California for
infrastructure improvements for the Imperial Way Industrial
Park;
107. $400,000 for Shelter from the Storm, Inc. in Palm
Desert, California for facilities renovations and improvements;
108. $300,000 to the City of Lincoln, California for the
design and construction of a Cultural and Business Center;
109. $300,000 to the City of Santa Monica, California for
renovation of a historic structure for use as a visitors
center;
110. $300,000 for Vanguard University in Costa Mesa,
California for facilities upgrades and equipment for a science
center;
111. $325,000 to the City of Salinas, California for
construction of a swimming pool;
112. $350,000 to the Palomar YMCA in Escondido,
California for construction of an aquatics facility;
113. $350,000 to the International Agri-Center in Tulare,
California for improvements to the Heritage Complex Learning
Center and to continued construction of a new exhibit pavilion;
114. $400,000 to the City of Atascadero, California for
facilities renovation for a Youth Recreation Center;
115. $450,000 to the City of Monrovia, California for
site preparation at the Santa Anita and Sawpit Channels for
economic development activities;
116. $450,000 to Los Angeles County, California for the
construction of a new library;
117. $450,000 to the City of La Mesa, California for
facilities construction for the La Mesa PARKS Project;
118. $450,000 to the City of Desert Hot Springs,
California for facilities construction for a civic and
community center;
119. $450,000 to the City of Tracy, California for
construction of the Tracy Youth Sports Facility;
120. $1,000,000 to the California Academy of Sciences in
San Francisco, California for renovation of its facility;
121. $500,000 to the Town of Apple Valley, California for
Phase One of Civic Center Park;
122. $250,000 for the City of San Francisco, California
for the Old Mint redevelopment project;
123. $750,000 for the City of San Diego, California for
the construction of low income housing;
124. $250,000 for the City of Orange Cove, California for
the Commercial Redevelopment Project;
125. $250,000 for the City of East Palo Alto, California
to build a new town civic center;
126. $275,000 to the City of Aurora, Colorado for
facilities renovation and construction for the Fitzsimmons
Commons;
127. $1,000,000 for Fort Westernaire, Golden, Colorado
for the expansion of the Westernaire museum;
128. $200,000 for YouthBiz, Inc., Denver, Colorado for
construction needs related to an inner-city youth business
training program;
129. $1,000,000 for Colorado UpLift, Denver, Colorado for
construction needs related to a program benefiting ``at-risk''
inner-city youth in Denver;
130. $1,000,000 for the Denver Art Museum, Colorado for
continued design and development of the Center for American
Indian Art;
131. $200,000 for the City of Arvada, Colorado for the
design phase of the community's arts and humanities center;
132. $500,000 for Mercy Housing, Inc., Denver, Colorado
for the development of affordable housing in Durango, Colorado;
133. $90,000 to the University of Hartford in Hartford,
Connecticut for building renovation to house the Hartt School
Performing Arts Center;
134. $90,000 to the Wadsworth Atheneum Museum of Art in
Hartford, Connecticut for facility renovation and expansion;
135. $100,000 to Wesleyan University in Middletown,
Connecticut for facilities renovation of a former school;
136. $100,000 to the Town of North Haven, Connecticut for
streetscape improvements in the Montowese area;
137. $100,000 to the City of West Haven, Connecticut for
streetscape improvements along Campbell Avenue;
138. $200,000 to the Boys and Girls Club of the Lower
Naugatuck Valley in Ansonia, Connecticut for facilities
renovation;
139. $225,000 to the Town of Enfield, Connecticut for
construction of the Family Resource Center;
140. $500,000 to the Charles D. Smith, Jr. Foundation for
facilities construction for the Stratfield Avenue Redevelopment
Project in Bridgeport, Connecticut;
141. $500,000 for the City of Hartford, Connecticut for
the Hartford Home Ownership Initiative;
142. $250,000 for the Southside Institutions Neighborhood
Alliance, Hartford, Connecticut for rehabilitation of
dilapidated housing stock;
143. $275,000 for the Beebe Medical Center in Lewes,
Delaware for facilities expansion;
144. $225,000 to Easter Seals, Delaware and Maryland's
Eastern Shore for construction of a new facility in Georgetown,
Delaware;
145. $500,000 for Sacred Heart Village, Inc., Wilmington,
Delaware to complete the construction of an affordable housing
facility for seniors;
146. $500,000 for the Wilmington Senior Center,
Wilmington, Delaware for renovations for the Lafayette Court
senior apartments;
147. $200,000 to Arena Stage in Washington, District of
Columbia for design and construction of a new facility;
148. $275,000 to the Good Samaritan Foundation in the
District of Columbia for acquisition and construction of the
Anacostia Training and Outreach Center;
149. $300,000 to Gonzaga High School in Washington,
District of Columbia for facilities renovation and
construction;
150. $450,000 for Food and Friends of Washington,
District of Columbia for facilities buildout and equipment;
151. $250,000 for the Greater Washington Urban League, in
Washington, District of Columbia for renovations to their new
headquarters;
152. $100,000 to the Sebring Airport Authority, Florida
for planning for the development of a light industrial/
commercial business park;
153. $1,000,000 for facilities construction for Tampa Bay
Watch in Florida;
154. $100,000 to the City of St. Petersburg, Florida for
facilities expansion for the Museum of History;
155. $100,000 to Lake Mary, Florida for a downtown
development improvement program;
156. $100,000 to the City of St. Petersburg, Florida for
restoration of the Jordan School;
157. $125,000 to the George Washington Carver Community
Center in Crystal River area, Florida for facilities
construction;
158. $150,000 to Mainstreet Fort Pierce, Inc. for the
restoration and renovation of the Sunrise Theatre building in
Fort Pierce, Florida;
159. $200,000 to the City of Ocoee, Florida for
construction of a senior citizen/veterans services facility;
160. $200,000 to the City of Clearwater, Florida for the
Homeless Intervention Project;
161. $225,000 to the Bishop Planetarium in Bradenton,
Florida for facilities reconstruction and restoration;
162. $250,000 to Osceola County, Florida for construction
of a homeless shelter to be operated by Transition House in
Kissimmee, Florida;
163. $200,000 to St. Cloud, Florida for a special needs
evacuation, senior, multipurpose center;
164. $300,000 to the Mainstreet DeLand Association in
DeLand, Florida for the Athens Theatre Renovation project;
165. $300,000 for facilities expansion of the Dali Museum
in St. Petersburg, Florida;
166. $300,000 for the expansion of Ruth Eckerd Hall in
Clearwater, Florida;
167. $200,000 to Orange County, Florida for construction
of a senior center;
168. $350,000 to Central Florida Community College in
Ocala, Florida for construction for an Information Technology
Center;
169. $300,000 to Pinellas County, Florida for the
renovation of an aviation high technology facility;
170. $350,000 to Pinellas County, Florida for facilities
construction for a folk cultural center;
171. $450,000 to the City of Boca Raton, Florida for
streetscape improvements for the implementation of the Pearl
City Master Plan;
172. $450,000 to the City of Clearwater, Florida for
waterfront facilities construction of the ``Beach by Design
Initiative'';
173. $500,000 to the City of St. Petersburg, Florida for
land acquisition, relocation, demolition and conveyance for the
Midtown retail redevelopment project;
174. $500,000 to the City of St. Petersburg, Florida for
Dome Industrial and Jordan Park facilities renovation and
construction;
175. $775,000 for facilities construction for the Stetson
University College of Law, Tampa, Florida campus;
176. $900,000 to South Florida Goodwill in Miami, Florida
for facilities renovations and upgrades;
177. $1,000,000 for construction and redevelopment of the
Historic Carlington (Roosevelt) Hotel in Jacksonville, Florida
to include residential and commercial property;
178. $875,000 for Eckerd College in St. Petersburg,
Florida for the expansion of the Youth Opportunity and
Development Center;
179. $1,400,000 to the City of Dunedin, Florida for
construction of recreation center facilities;
180. $300,000 for Miami-Dade County, Florida for the
construction of the Miami-Dade County Performing Arts Center;
181. $350,000 for Volusia County, Florida for the
construction of a community performing arts center;
182. $425,000 for the City of Coral Gables, Florida for
the Biltmore Complex Restoration Project;
183. $75,000 to the Town of Lumpkin, Georgia for
Westville Village's History Alive building restoration;
184. $75,000 to the City of Richland Downtown Development
Authority in Richland, Georgia for renovation of the Old
Richland Hotel;
185. $75,000 to Thomasville, Georgia for Historic Douglas
High School Alumni Association Complex renovation;
186. $75,000 to the University of Georgia for facility
buildout to support a program to support southwest Georgia
value-added product development;
187. $275,000 to DeKalb County, Georgia for planning and
construction of a senior center;
188. $100,000 to the City of Macon, Georgia for
renovation of the historic Coca-Cola building;
189. $100,000 to the Tubman Museum, in Macon, Georgia for
building construction;
190. $75,000 to the Clayton County, Georgia Board of
Commissioners for planning and construction of a senior center
in Jonesboro;
191. $100,000 to the City of Plains, Georgia for the
construction and facilities buildout at the Rural History
Resource Center;
192. $100,000 to Phoebe Putney Memorial Hospital in
Dougherty County, Georgia for building renovation;
193. $400,000 to Morehouse School of Medicine in Atlanta,
Georgia for land acquisition and building expansion;
194. $100,000 to Morehouse College in Atlanta, Georgia
for construction of facilities to house the African American
Archival Program;
195. $100,000 to Morehouse College in Atlanta, Georgia
for construction of a performing arts center;
196. $115,000 to Albany, Georgia for renovation and
construction of the Faith Community Outreach Center
Incorporated, and renovation of the kitchen at the SOWEGA
Council of Aging's Site One Senior Kitchen;
197. $150,000 to the Joint Development Authority of Ben
Hill and Irwin Counties, Georgia for parkland enhancements for
Fitzgerald Millennium Technology Pointe;
198. $160,000 for the Pine Mountain Beautification and
Economic Development project in Harris County, Georgia for
streetscape improvements;
199. $225,000 to the City of Monticello, Georgia for
recreational facilities improvements and pedestrian pathways
for the development of Funderburg Park;
200. $225,000 to Cobb County, Georgia for construction of
the South Cobb Regional Library;
201. $275,000 to the City of Powder Springs, Georgia for
refurbishment of the Coach George E. Ford Center;
202. $325,000 to the Golden Harvest Food Banks in
Augusta, Georgia for facilities construction and improvements
for the ``Feed the People'' campaign;
203. $360,000 to Columbus, Georgia for land acquisition
for the Wilson Camp project;
204. $525,000 to the City of Moultrie, Georgia for
demolition and initial construction of the Swift property;
205. $100,000 to the City of Atlanta, Georgia for
renovation and restoration of the historic Paschal's restaurant
and motel;
206. $130,000 to the Waianae, Hawaii YMCA for facilities
construction;
207. $500,000 for the Boys and Girls Club of Hawaii,
Nanakuli, Hawaii for the planning and construction of a new
facility;
208. $500,000 for the Oahu Continuum of Care, Wainae,
Hawaii for the construction and renovation of permanent
supportive housing;
209. $500,000 for the Hawaii Nature Center, Wailuku,
Hawaii for the Maui Renovation Project;
210. $500,000 for the County of Kauai, Hawaii for a
technology training facility in Kauai, Hawaii;
211. $250,000 for the Kapahulu Senior Center, Honolulu,
Hawaii for improvements and renovations to the senior center;
212. $900,000 for the Clearwater Economic Development
Association, Idaho, to continue implementation of a Lewis and
Clark Bicentennial commemoration plan;
213. $300,000 to Franklin County, Idaho for the moving,
renovation, restoration of the Oneida Stake Academy building in
Preston, Idaho;
214. $700,000 to Idaho State University for facilities
construction for the L.E. and Thelma E. Stephens Performing
Arts Center;
215. $100,000 to the University of Idaho for planning and
design of the Lionel Hampton Center;
216. $800,000 for Boise State University, Idaho, for
construction on an Environmental Science and Economic
Development Building;
217. $900,000 for the City of Salmon, Idaho, for
expansion of the Sacajawea Cultural and Arts Center expansion;
218. $900,000 for the University of Idaho, for
construction related to a Performance and Education Facility;
219. $75,000 to Lawrence Hall Youth Services in Chicago,
Illinois for facility construction;
220. $100,000 for the Tazewell-Woodford Head Start
program in East Peoria, Illinois for the continued construction
of a new facility;
221. $100,000 to the Southeast Chicago Development
Commission in Chicago, Illinois for building construction for a
shopping center;
222. $150,000 to the Canal Corridor Association for the
Port of LaSalle Project in LaSalle, Illinois including
construction of an outdoor interpretive center, a replica mule
barn, and construction of a lock-tender's house;
223. $175,000 to the Rebirth of Englewood Community
Development Corporation in Chicago, Illinois for purchase and
renovation of a building to serve as a community center;
224. $200,000 to the Northfield Park District, Illinois
for facilities renovation and rehabilitation;
225. $225,000 for the Morton Arboretum in Lisle, Illinois
for construction of a new visitor center;
226. $225,000 for the Rialto Square Theater in Joliet,
Illinois for facilities restoration and improvements;
227. $250,000 for Lincoln Christian College in Lincoln,
Illinois for the restoration of the Earl C. Hargrove
Auditorium;
228. $250,000 to the Village of Homewood, Illinois for
purchase and renovation of the Canadian National Railroad
Depot;
229. $250,000 to Western Springs Park District, Illinois
for construction of a storage facility and park amphitheater;
230. $650,000 to Bradley University in Peoria, Illinois
for renovation of Bradley Hall;
231. $700,000 to the City of DeKalb, Illinois for
revitalization of East Lincoln Highway including building
rehabilitation, streetscape improvements and beautification;
232. $1,000,000 to Rush-Presbyterian-St. Luke's Medical
Center in Chicago, Illinois for facilities construction;
233. $150,000 for the Center for the Prevention of Abuse
in Peoria, Illinois for the construction of a facility;
234. $500,000 for the City of Peoria, Illinois for
construction on a proposed medical/technical district in
Peoria, Illinois;
235. $500,000 for Access Living, Chicago, Illinois for
the construction of a new community service facility;
236. $350,000 for Children's Advocacy Center, Chicago,
Illinois for costs associated with expansion;
237. $200,000 for the City of Des Plaines, Illinois for
infrastructure improvements;
238. $100,000 for the Merit School of Music in Chicago,
Illinois for facility improvements;
239. $300,000 for the Chicago Department of Cultural
Affairs, Illinois for restoration of the Chicago Cultural
Center Domes;
240. $250,000 for the City of East Moline, Illinois for
necessary upgrades to infrastructure for economic development
purposes, including the Quarter project and revitalization of
the central business district;
241. $200,000 for improvements to the Field Museum,
Chicago, Illinois;
242. $200,000 for Manteno Township, Manteno, Illinois for
economic redevelopment activities;
243. $250,000 for the City of Springfield, Illinois for
infrastructure improvements to support economic development;
244. $200,000 to the City of Jeffersonville, Indiana for
renovation of the Carnegie Library;
245. $300,000 to the City of Anderson, Indiana for
facilities construction of the Anderson Business Development
Center;
246. $200,000 to the African American Achievers Youth
Corporation in Gary, Indiana for renovation of the Glen
Theater;
247. $300,000 to the University of Saint Francis in Fort
Wayne, Indiana for construction and buildout of the proposed
Professional Development Center;
248. $400,000 to the City of South Bend, Indiana for site
acquisition and demolition for the Studebaker Corridor
redevelopment initiative;
249. $500,000 to the James Whitcombe Riley Hospital for
Children in Indianapolis, Indiana for the expansion and
renovation of the Children's Emergency and Trauma Center;
250. $600,000 to North Township, Indiana for renovation
and construction of recreational facilities, parking, lighting
and landscaping improvements at Wicker Memorial Park;
251. $500,000 for the University of Saint Francis in Fort
Wayne, Indiana for facilities construction for the Health
Sciences Resource Library;
252. $800,000 for the City of Fort Wayne, Indiana for the
expansion of the Northeast Indiana Innovation Center;
253. $200,000 for the Indiana Association of Cities and
Towns, Indianapolis, Indiana for downtown revitalization;
254. $350,000 for the Delaware County Commissioners, City
of Muncie, Indiana for building improvements to the Fairgrounds
facilities;
255. $100,000 to the Family Violence Center in Des
Moines, Iowa for facilities renovation;
256. $100,000 to the Town of Grinnell, Iowa for
restoration and rehabilitation of downtown buildings;
257. $150,000 for the North Central Iowa Regional Solid
Waste to Energy Facility in Fort Dodge, Iowa for facilities
construction;
258. $450,000 to Systems Unlimited, Inc. located in Iowa
City, Iowa for facilities construction;
259. $300,000 for the City of Council Bluffs, Iowa for
the 23rd Avenue Housing Project;
260. $250,000 for the Scott County Housing Council,
Davenport, Iowa for the construction and rehabilitation of
housing;
261. $200,000 for the Iowa Department of Economic
Development for the enhancement of regional economic
development capabilities;
262. $250,000 for the Mid America Housing Partnership in
Cedar Rapids, Iowa for the housing trust fund;
263. $100,000 for the Iowa State Fair Board in Des
Moines, Iowa for a statewide awareness and education/exhibit;
264. $280,000 for the City of Waterloo, Iowa for the John
Deere brownfield and bio-based incubator project;
265. $300,000 for the Witwer Senior Center, Cedar Rapids,
Iowa for facility expansion and renovation;
266. $600,000 for the City of Clinton, Iowa for the
Liberty Square brownfields redevelopment project;
267. $1,000,000 for the Hunter Clinic in Wichita, Kansas
for construction;
268. $2,000,000 to Catholic Housing of Wyandotte County,
Kansas for development and improvements in the St. Peter/
Waterway/Strawberry Hill Redevelopment Project;
269. $175,000 to the Wichita Art Museum in Wichita,
Kansas for facilities renovation, construction and improvements
for the second Art Investigation Gallery;
270. $200,000 to Sedan, Kansas for renovation of the
historic Bradford Hotel;
271. $500,000 for Railroad Heritage, Inc. for
construction costs associated with the Great Overland Station
Renovation and Restoration Project in Topeka, Kansas;
272. $1,000,000 for the El Zocalo Hispanic Community
Center, Wichita, Kansas for construction costs;
273. $75,000 to the Louisville Jefferson County
Metropolitan Government, Kentucky for the renovation of the Sun
Valley Community Center;
274. $100,000 to the Fivco Area Development District in
Kentucky for construction of a multipurpose facility at
EastPark;
275. $100,000 for North Star Productions, Inc. in Bracken
County, Kentucky for construction of an amphitheater;
276. $200,000 to the City of Renfro Valley, Kentucky for
construction of a municipal conference and civic center;
277. $225,000 to Cumberland College in Williamsburg,
Kentucky for renovation of the campus science complex;
278. $225,000 to the London-Laurel County Tourism
Committee, Kentucky for construction of the Blue-Gray Civil War
Theme Park;
279. $225,000 to Casey County, Kentucky for development
and engineering for the Agricultural and Exposition Center;
280. $450,000 to the Center for Rural Development in
Somerset, Kentucky for facilities renovation and expansion;
281. $925,000 to the Louisville Medical Center
Development Corporation for property acquisition for
development of a research park in Louisville, Kentucky;
282. $250,000 for the YMCA of Franklin, Kentucky for
facilities construction;
283. $3,000,000 for the H.L. Neblett Center in Owensboro/
Daviess County, Kentucky for the construction of a new
facility;
284. $500,000 for the Crittenden County Economic
Development Corporation in Marion, Kentucky, for the Marion/
Crittenden County Technology-Economic Development Training
Center;
285. $100,000 for Harrison County, Kentucky for
improvements to the Harrison County Courthouse;
286. $400,000 for Hopkinsville, Kentucky for construction
related to the Hopkinsville-Christian County Conference and
Convention Center;
287. $500,000 for the Louisville Science Center, Kentucky
for renovation and construction related to the Science
Education Wing;
288. $50,000 to St. Tammany Parish, Louisiana for
construction of a veterans memorial;
289. $75,000 to the Downtown Development District in New
Orleans, Louisiana for sidewalk replacements and enhancements;
290. $125,000 to the Town of Ferriday, Louisiana for Main
Street streetscape work;
291. $500,000 for Alexandria Central Economic Development
District, Louisiana for an economic revitalization study and
revitalization of the Red River waterfront;
292. $200,000 to the Amistad Research Center at Tulane
University in New Orleans, Louisiana for facilities restoration
of the Tilden Library to house Center records;
293. $225,000 to the Town of New Roads, Louisiana
facilities construction and renovation, and sidewalks, street
furniture and facade improvements;
294. $450,000 to the National Center for Community
Renewal for facilities renovation and expansion in Shreveport,
Louisiana;
295. $450,000 to the Audubon Nature Institute for
facilities construction in Baton Rouge and New Orleans,
Louisiana;
296. $500,000 for PACE Louisiana, New Orleans, Louisiana
for the renovation of a building for a senior adult day center;
297. $750,000 for the State of Louisiana for the Poverty
Point restoration project;
298. $250,000 to the Biomedical Research Foundation for
the InterTech Science Park, Louisiana;
299. $100,000 for the Comprehensive Central City
Initiative of New Orleans, Inc., Louisiana for neighborhood
revitalization;
300. $200,000 for the City of Opelousas, Louisiana for
the redevelopment of the historic downtown district;
301. $100,000 for the City of Bogalusa, Louisiana for
recreation improvements;
302. $100,000 for facility improvements at the American
Rose Center in Shreveport, Louisiana;
303. $100,000 to the Maine Environmental Research
Institute (MERI) in Blue Hill, Maine for facilities renovation;
304. $100,000 to Rumford Hospital in Maine for facility
renovation;
305. $500,000 for the City of Caribou, Maine to improve
and repair gymnasium and related facilities in the Armory
building;
306. $125,000 for the Center Theater for the Performing
Arts in Dover-Foxcroft, Maine to improve and repair the Center
Theater;
307. $125,000 for the Town of Fort Fairfield, Maine to
improve and repair the Armory facility;
308. $220,000 for the University of Maine (Jonesboro and
Orono), Blueberry Hill Farm to renovate the blueberry research
facility;
309. $200,000 for the Central Maine Technical College-
Western Maine University and Technical Center, South Paris,
Maine to assist in development of technical college center;
310. $250,000 for the City of Bangor, Maine for further
development of the Penobscot Riverfront Park;
311. $250,000 for the City of Brewer, Maine to assist the
city's shoreline stabilization project;
312. $120,000 for Sagadahoc County, Maine to repair
granite steps at the Sagadahoc County Courthouse;
313. $210,000 for the Town of Thomaston, Maine to fund
construction of sidewalk in business district;
314. $600,000 for the City of Baltimore, Maryland for the
Main Streets Initiative project;
315. $100,000 for the Baltimore Child Abuse Center in
Baltimore, Maryland for building renovations;
316. $500,000 for the B&O Railroad Museum in Baltimore,
Maryland for building renovations;
317. $250,000 for the Great Blacks in Wax Museum in
Baltimore, Maryland for the Museum Expansion Project;
318. $250,000 for Harford County, Maryland for the Havre
de Grace Youth & Senior Center;
319. $500,000 for Howard County, Maryland for
Revitalization of the Route 1 Corridor;
320. $750,000 for Montgomery County, Maryland for
pedestrian linkages in Silver Spring;
321. $300,000 for the City of Gaithersburg, Maryland for
the Gaithersburg Youth Center;
322. $650,000 for Prince George's County, Maryland to
develop an African American Cultural & Community Center in the
Gateway Arts District;
323. $300,000 for Washington County, Maryland for the
Smithsburg Library;
324. $260,000 for the City of Laurel, Maryland for
improvements to Route 1;
325. $65,000 for the Woodlawn Community Education &
Development Association in Baltimore County, Maryland for the
Woodlawn Community Auditorium Project;
326. $320,000 for the City of District Heights, Maryland
for facade and building renovations in the city's commercial
area;
327. $75,000 to the City of Rockville, Maryland for
construction of a park at King Mill;
328. $90,000 to the Melwood Horticultural Training Center
in Prince George's County, Maryland for facilities renovation;
329. $100,000 to the Boys and Girls Club of Greater
Washington in Silver Spring, Maryland for purchase of the D.C.
Metropolitan Police Boys and Girls Club facility;
330. $150,000 to the Olney Theatre for the Arts in Olney,
Maryland for construction of a theater;
331. $160,000 to the Bowie Regional Arts Vision
Association in Bowie, Maryland for construction of a new
community theater;
332. $175,000 to the 20th Street H.O.P.E. House in
Baltimore, Maryland for facilities expansion and renovation;
333. $200,000 to the Gateway Arts District along the
Route 1 Corridor in the areas covering the communities of Mount
Rainier, Brentwood, North Brentwood and Hyattsville in Prince
George's County, Maryland;
334. $350,000 for the National Federation of the Blind
Research and Training Institute in Baltimore, Maryland for
facilities construction;
335. $100,000 to YMCA Camp Letts in Anne Arundel County,
Maryland for facilities upgrades and related improvements;
336. $50,000 to the Chelsea Green Space and Recreation
Committee in Massachusetts for construction of a park,
including a boardwalk and benches;
337. $75,000 to the Town of Randolph, Massachusetts for
the rehabilitation of the historic Stetson Town Hall;
338. $100,000 to the Roxbury Boys and Girls Club in
Roxbury, Massachusetts for renovation of the Roxbury Clubhouse;
339. $100,000 to Salem State College in Salem,
Massachusetts for construction of a theater;
340. $100,000 to the Essex National Heritage Commission
for Community Resource in Massachusetts for development of a
plan for a visitors services and archives center;
341. $325,000 for Main South Community Development
Corporation, Worcester, Massachusetts for the Gardner-Kilby
Hammond Neighborhood Revitalization Project;
342. $175,000 to the Lawrence, Massachusetts Boys and
Girls Club for recreational facilities renovations;
343. $300,000 to the City of Springfield, Massachusetts
for design development and renovation of an existing public
market;
344. $700,000 to Springfield College, in Springfield,
Massachusetts for planning and construction of a field house;
345. $300,000 to North Adams, Massachusetts for
renovation of the North Adams Armory into a community center;
346. $200,000 to Greenfield, Massachusetts for renovation
of the First National Bank Building;
347. $350,000 to the Massachusetts College of Pharmacy
and Health Sciences in Worcester, Massachusetts for
construction of new multi-use education facilities;
348. $200,000 to Holyoke Community College in Holyoke,
Massachusetts for land acquisition;
349. $150,000 for the City of Boston, Massachusetts for
the City of Boston Affordable Housing Environmental Remediation
Project;
350. $100,000 for the Massachusetts 9/11 Fund, Boston,
Massachusetts for the planning, design and implementation of a
memorial;
351. $100,000 for St. Mary's College in Orchard Lake,
Michigan for renovation of library and dormitory facilities;
352. $125,000 for Lawrence Tech in Southfield, Michigan
for facilities renovation and enhancements for the Center for
Innovative Materials for Infrastructure Security;
353. $125,000 for the Michigan Jewish Institute for
construction, buildout, and equipment for the College Academic
Center;
354. $125,000 to Genesee County, Michigan for land
acquisition in support of the Genesee County Land Reutilization
Plan, in collaboration with the City of Flint;
355. $175,000 to the City of Detroit, Michigan for
demolition of abandoned housing stock;
356. $175,000 to the City of Detroit, Michigan for design
and construction of the Belle Isle Natural Zoo;
357. $200,000 for Boysville of Michigan for renovations
and upgrades at various locations;
358. $200,000 to the National Center for Manufacturing
Sciences in Ann Arbor, Michigan for facilities improvements and
buildout related to the development and deployment of advanced
technologies to the manufacturing base;
359. $300,000 to Focus: HOPE in Detroit, Michigan for
facilities renovation;
360. $200,000 to the Arab Community Center for Economic
and Social Services in Dearborn, Michigan for construction of
an Arab American National Museum and Cultural Center;
361. $225,000 to the City of Menominee, Michigan for
renovation of recreational facilities;
362. $300,000 to Mercy Hospital Cadillac in Cadillac,
Michigan for facilities construction and renovations for the
Healthcare Improvement and Access Initiative;
363. $450,000 for Automotion Alley for facilities
construction, improvements and buildout for a Technology Center
in Troy, Michigan;
364. $1,000,000 for the State of Michigan for costs
associated with the relocation of the A.E. Seaman Mineral
Museum;
365. $250,000 for the City of Detroit, Michigan for the
Detroit Riverfront revitalization project;
366. $500,000 for the City of Saginaw, Michigan for the
South Washington Street Improvement Initiative;
367. $500,000 for the Mexicantown Community Development
Corporation, Detroit, Michigan for the construction of a
welcome center;
368. $225,000 for the City Opera House Heritage
Association, Traverse City, Michigan for costs associated with
restoration;
369. $250,000 for the City of Parchment, Michigan for the
Parchment Brownfield Redevelopment Project;
370. $100,000 to the Audubon Center of the North Woods in
Minnesota for facilities construction and renovation;
371. $100,000 to Leech Lake Tribal College in Minnesota
for planning and site development for establishment of a new
campus;
372. $125,000 to Fond Du Lac Tribal and Community College
in Minnesota for design and construction of a multi-use
facility;
373. $150,000 to the Minneapolis American Indian Center
in Minneapolis, Minnesota for facility renovation and
construction;
374. $150,000 to the Greater Minneapolis Council of
Churches in North Minneapolis, Minnesota for construction of
the Center for Families;
375. $150,000 to the Northside Residents Redevelopment
Council in Minneapolis, Minnesota for building construction;
376. $150,000 to the Labor Interpretive Center in
Minnesota for construction of a memorial;
377. $225,000 to the Redwood County Agricultural Society
in Minnesota for fairground grandstand renovation and
construction of facilities;
378. $187,500 for the City of St. Paul, Minnesota for
rehabilitation needs at the Ames Lake Neighborhood/Phalen Place
Apartments;
379. $187,500 for the Shelter House in Willmar, Minnesota
for a new building project;
380. $187,500 for Minnesota Corn Growers Association in
Shakopee, Minnesota for the construction of a new facility;
381. $187,500 for the City of Roseau, Minnesota for the
rehabilitation of damaged housing;
382. $500,000 for Tchula, for the development of the
Mississippi Municipal Complex;
383. $500,000 for the City of Oxford, Mississippi for the
City of Oxford Innovation and Outreach Center;
384. $1,000,000 for the City of Meridian, Mississippi for
the rehabilitation of the Riley Education and Performing Arts
Center;
385. $1,000,000 for Mississippi State University for the
renovation of the Lloyd-Ricks Building;
386. $250,000 for the City of Richton, Mississippi for
repairs associated with the City of Richton's Municipal
Complex;
387. $500,000 for Brookhaven, Mississippi for the
rehabilitation of the Lincoln County and City of Brookhaven's
Courthouse;
388. $500,000 for the City of Pearl, Mississippi for the
renovation of the City of Pearl's Community Center;
389. $500,000 for the City of Holly Springs, Mississippi
for the North Memphis Street District Redevelopment and
Revitalization;
390. $250,000 for John C. Stennis Institute of
Government, Mississippi State, Mississippi, for the Capacity
Development Initiative;
391. $100,000 to the Town of Bolton Development
Corporation in Bolton, Mississippi for acquisition and
renovation of a multipurpose community facility;
392. $150,000 to Harrison County, Mississippi for
construction of waterfront facilities;
393. $325,000 to the Yoknapatawpha Arts Council in
Oxford, Mississippi for facilities renovation;
394. $60,000 to the City of Joplin, Missouri for a
feasibility study and facilities improvements for the
restoration of the Joplin Union Depot;
395. $100,000 for the Eugene Field House Foundation in
St. Louis, Missouri for the Eugene Field House restoration;
396. $75,000 to the City of St. Louis, Missouri for
streetscape improvements;
397. $75,000 to St. Louis County, Missouri for
streetscape improvements;
398. $75,000 to Jefferson County, Missouri for
streetscape improvements along Jeffco Boulevard;
399. $100,000 to the Liberty Memorial Museum in Kansas
City, Missouri for museum renovation;
400. $450,000 to the City of Kansas City, Missouri for
the Union Hill Redevelopment Project, including but not limited
to streetscape improvements;
401. $175,000 to the City of Cape Girardeau, Missouri for
the painting of a mural on the Cape Girardeau, Missouri flood
wall;
402. $225,000 to the Missouri Soybean Association for the
purchase of a building for use as an Incubation Center in
Kansas City, Missouri;
403. $900,000 to the City of Springfield, Missouri for
construction of a community multipurpose facility;
404. $450,000 to Carrolton, Missouri for the Downtown
Revitalization Project;
405. $400,000 to Community Builders of Kansas City,
Missouri for the Blue Parkway Town District Project;
406. $450,000 to Kansas City, Missouri for the Columbus
Park Redevelopment Project;
407. $250,000 to the Harvesters Food Bank in Kansas City,
Missouri for the Capital Campaign Construction project;
408. $500,000 to the City of St. Louis, Missouri for
equipment and training for the Lead Abatement Project;
409. $250,000 to the Central Missouri Food Bank,
Columbia, Missouri for a new Capital Campaign Construction
Project;
410. $360,000 to the St. Patrick Center in St. Louis,
Missouri for renovations and improvements for the homeless
partnership center;
411. $250,000 for the Stars and Stripes Museum/Library
Association in Stoddard County, Missouri for archiving facility
upgrades and equipment;
412. $500,000 for the Negro Leagues Baseball Museum in
Kansas City, Missouri for renovations to the Buck O'Neil
Research and Education Center;
413. $90,000 for the Capitol City Area Council for
Special Services in Cole County, Missouri for costs associated
with the construction of the Low Income Family Program
expansion;
414. $600,000 for the City of Maryville, Missouri for
neighborhood revitalization;
415. $1,000,000 for the Metropolitan Parks & Recreation
District in St. Louis, Missouri for feasibility, engineering,
and design of the Choteau Lake and Greenway Project;
416. $250,000 for the Mid-Missouri Regional Planning
Commission, Ashland, Missouri for construction costs related to
the Life Sciences Technology Incubator;
417. $500,000 for the City of Raytown, Missouri for
downtown revitalization;
418. $500,000 for the Urban League of Kansas City,
Missouri for costs associated with construction;
419. $500,000 for Grand Center, Inc. in St. Louis,
Missouri for construction of a multipurpose facility for the
Charmaine Chapman Community Center;
420. $450,000 for the City of Clarksville, Missouri for
costs associated with construction of the Riverfront
Development Project;
421. $500,000 for the Friends of the RB Project, Inc. in
Stockton, Missouri for costs associated with construction of
the Friends of RB Stockton Lake Community Project;
422. $1,000,000 for the University of Missouri-Kansas
City for construction of the Cardiovascular Proteomics Center;
423. $400,000 for the National Children's Cancer Society
in St. Louis, Missouri for construction;
424. $500,000 for the Daly Mansion Preservation Trust,
Hamiliton, Montana for the Marcus Daly Mansion Renovation
Project;
425. $500,000 for the Story Mansion, Bozeman, Montana for
historical renovations and improvements;
426. $650,000 for the Deaconess Billings Clinic,
Billings, Montana for additions to the research division;
427. $500,000 for St. Vincent's Foundation, Billings,
Montana for construction of a senior citizens facility;
428. $900,000 for the Big Sky Economic Development
Authority, Billings, Montana for economic development outreach;
429. $150,000 for the Great Falls Development Authority,
Great Falls, Montana for economic development outreach;
430. $400,000 for the Southwest Boys and Girls Club,
Bozeman, Montana for construction of a new facility;
431. $200,000 for Missoula Aging Services, Missoula,
Montana for expansions and renovations;
432. $400,000 to the Yellowstone Boys and Girls Ranch in
Billings, Montana for facilities construction and renovations;
433. $350,000 for the Bozeman Library, Bozeman, Montana
for renovations and infrastructure;
434. $250,000 for the City of Omaha, Nebraska for
infrastructure redevelopment to use in connection with the
conversion and redevelopment of the Heritage Services
redevelopment project;
435. $375,000 for the Omaha Performing Arts Society in
Omaha, Nebraska for construction costs associated with the
Omaha Performing Arts Center;
436. $625,000 for the North Omaha Housing Initiative in
Omaha, Nebraska for the development of affordable housing;
437. $325,000 to Girls and Boys Town of Boys Town,
Nebraska for the national priority projects of Girls and Boys
Town USA;
438. $450,000 for Falls City, Nebraska for the
development of infrastructure for an industrial park;
439. $450,000 to the Boys and Girls Home of Nebraska for
renovation of the Columbus Community Hospital in Columbus,
Nebraska;
440. $385,000 for the City of Las Vegas, Nevada for
renovations to a historic post office building;
441. $75,000 to the City of North Las Vegas, Nevada for
planning and construction of a public library;
442. $200,000 to the City of Henderson, Nevada for the
purchase and renovation of buildings to revitalize the downtown
area;
443. $225,000 to the City of Sparks, Nevada for
rehabilitation of the Deer Park Pool facilities;
444. $350,000 for the City of North Las Vegas, Nevada for
a neighborhood beautification project;
445. $350,000 for the City of Reno, Nevada for the
construction of the Reno Homeless Resource Center;
446. $350,000 for Community Chest, Inc., Virginia City,
Nevada for construction of a youth and community resource
center;
447. $350,000 for the City of Reno through the Hispanic
Chamber of Commerce, Nevada for streetscaping improvements;
448. $200,000 for WestCare Foundation in Las Vegas,
Nevada for renovations of facilities;
449. $50,000 for the YMCA of Southern Nevada in Las Vegas
for facility renovations;
450. $1,000,000 for the V.I.C.T.M. Family Center in
Washoe County, Nevada for the construction of a facility for
multi-purpose social services referral and victim counseling;
451. $790,000 for the City of Nashua, New Hampshire to
renovate and expand the Nashua Senior Center;
452. $500,000 for the City of Nashua, New Hampshire for
the restoration of Mines Falls Park;
453. $700,000 for the Greater Manchester YMCA,
Manchester, New Hampshire for renovation of facilities;
454. $550,000 for City of Portsmouth, New Hampshire to
assist in the creation of a safe pedestrian link (Portsmouth
Piscataqua Riverwalk) between scenic and historic destinations
and New Hampshire's only working deep-water seaport;
455. $100,000 for the Town of Troy, New Hampshire for the
Troy Economic Development Initiative;
456. $500,000 for the City of Claremont, New Hampshire,
for the Claremont Economic Development Initiative/Renovation of
Historic Mills;
457. $400,000 for the City of Concord, New Hampshire for
the renovation of Penacook Mills;
458. $80,000 for the Lancaster Main Street Program in
Lancaster, New Hampshire for facilities renovations and
improvements for the Great North Woods Welcome Center;
459. $1,000,000 for the State of New Jersey for
construction costs associated with the South Jersey Rural
Economic Development Corporation;
460. $1,000,000 for the New Jersey Community Development
Corporation in Paterson, New Jersey for construction of a
Transportation Opportunity Center;
461. $75,000 to Ujima Ministries, Inc. in Mercer County,
New Jersey for facilities construction;
462. $75,000 to the County of Hunterdon, New Jersey for
design and construction of a senior center;
463. $125,000 to the Essex County Environmental Center in
Roseland, New Jersey for renovation and construction to
accommodate facilities expansion;
464. $175,000 to the Robert Wood Johnson University
Hospital in New Jersey for construction related to the
expansion of the children's hospital;
465. $200,000 to the Jersey City Medical Center in New
Jersey for construction;
466. $225,000 to the Morris Area YMCA, Morris County, New
Jersey for facilities construction and renovation;
467. $225,000 to the Somerset Hills YMCA in Basking
Ridge, New Jersey for facilities construction and renovation;
468. $225,000 to Ramapo College of New Jersey for
construction of the Bill Bradley Sports and Recreation Center;
469. $225,000 to Rutgers University in New Jersey for
land acquisition for LEAP University High School;
470. $250,000 to the Edison Preservation Foundation in
New Jersey for building rehabilitation;
471. $300,000 to the Township of Mount Holly, New Jersey,
for an economic planning study for the Mount Holly bypass
corridor ($50,000) and for construction of affordable housing
units ($250,000);
472. $380,000 to the Borough of North Arlington, New
Jersey for sidewalk, curbs and facade improvements in the
Morton Avenue neighborhood;
473. $500,000 for the Boys and Girls Club of Santa Fe,
New Mexico to construct a new facility;
474. $500,000 to the City of Albuquerque, New Mexico, to
complete construction and renovation of buildings occupied by
the Cuidando los Ninos program for homeless children and
families (the John Marshal Renovation Project, Phase II,
Cuidando los Ninos site);
475. $700,000 for the Hobbs Industrial Air Park
redevelopment project in Hobbs, New Mexico;
476. $640,000 for the Village of Tijeras, New Mexico for
construction of an addition to the Tijeras Village Hall;
477. $360,000 for the Town of Taos, New Mexico, for the
DreamTree Project Transitional Living Program Apartments to
serve homeless, abused, and neglected youth;
478. $1,600,000 for the Town of Taos, New Mexico, to
complete construction and lining of the Paseo del Canon
Drainage Channel and related safety fencing;
479. $200,000 for Dona Ana County, New Mexico, for the
Veterans Memorial Wall to honor war veterans;
480. $100,000 to the Hubbard Museum of the American West
located in Ruidoso, New Mexico for facilities expansion;
481. $225,000 to the Wheels Museum, Inc. for planning and
land acquisition in New Mexico;
482. $250,000 for the Sephardic Community Center,
Brooklyn, New York for a building addition for seniors, adults,
teenagers and children;
483. $250,000 for the Broome-Tioga Workforce Development
System in New York to create a business incubator;
484. $250,000 for Schines Theatre, Auburn, New York for
restoration of the facility;
485. $250,000 for the Foothills Performing Arts Center,
Inc., Oneonta, New York for construction of a new facility;
486. $250,000 for Southern Tier Sports and Recreation
Center, Inc. in Binghamton, New York for development of a
Community Center Complex;
487. $200,000 to Sephardic Bikur Holim in New York for
facilities construction;
488. $50,000 to the Lackawanna Area Chamber of Commerce,
in conjunction with the Lackawanna Community Development
Corporation and local veterans organizations, for the Veterans'
Stadium Restoration Project in Lackawanna, New York;
489. $60,000 to the Town of Niagara, New York to complete
buildout of a community center;
490. $100,000 to Eastern Long Island Hospital in
Greenport, New York for facilities renovation;
491. $100,000 to the Town of Brookhaven, New York for
construction of the Gorden Heights Community Center;
492. $75,000 to the Broome County Jewish Community Center
in Binghamton, New York for renovation and construction of an
early childhood development center;
493. $75,000 to the United Cerebral Palsy Association of
Greater Suffolk, Inc. in Suffolk County, New York for land
acquisition;
494. $75,000 to the Town of Freeport, New York for
renovations of buildings;
495. $75,000 to the Town of North Hempstead, New York for
streetscape, facade and building renovation in the hamlet of
New Cassel;
496. $75,000 to the Cross Island YMCA of Queens, New York
for facilities expansion and renovation;
497. $75,000 to the Jamaica YMCA of Jamaica in New York,
New York for facilities expansion and renovation;
498. $75,000 to 1409 Enterprises, Inc. in Buffalo, New
York for facilities renovation;
499. $80,000 to Wayne County, New York for relocation of
and renovations to the Wolcott Carriage House;
500. $80,000 to the Castle Hill, Bronx, New York YMCA for
facilities construction;
501. $100,000 to the Staten Island Economic Development
Corporation located in New York for completion of an updated
Overall Economic Development Plan;
502. $350,000 to the Metropolitan Development Association
in Syracuse, New York for the VISION 2010 Economic Development
plan;
503. $100,000 to Wayne County, New York for a feasibility
study on the planned reuse of the surplus real estate of the
Newark Developmental Center Area;
504. $100,000 to the City of Syracuse, New York for
renovations to the Redhouse Theater;
505. $100,000 to the Gloria Wise Boys and Girls Club in
the Bronx, New York for facilities renovation;
506. $100,000 to the Town of Greenburgh, New York for
expansion and renovation of a public library;
507. $100,000 to the Village of Hastings-on-Hudson, New
York for renovations to a senior and youth community center;
508. $100,000 to the Village of Briarcliff Manor, New
York for streetscape improvements;
509. $100,000 to the Regional Foodbank of Northeastern
New York for construction and renovation of facilities;
510. $100,000 to the 59th Street Recreation Center in New
York, New York for facilities renovation;
511. $100,000 to the City of New York's Department of
Parks and Recreation for construction of a nature center in
Crotona Park;
512. $110,000 to Cayuga County, New York for
rehabilitation of the Sterling Renaissance Performance Artist
Guild facilities in the Town of Sterling, New York;
513. $100,000 to the Erie Canalway National Heritage
Corridor Commission in New York State to finalize planning
activities for the Commission's comprehensive management plan;
514. $125,000 to the Village of Saugerties, New York for
streetscape including sidewalk replacement;
515. $125,000 to the Town of Sleepy Hollow, New York for
construction of a new senior center;
516. $280,000 to the City of Yonkers, New York for
renovation of the Nepperhan Valley Technology Center;
517. $125,000 to Alianza Dominicana Inc. in New York, New
York for facilities construction;
518. $125,000 to Boricua College in New York for building
renovation;
519. $125,000 to the Washington Heights' Armory
Foundation for facilities renovations in New York;
520. $140,000 to the Broadway Market Management Corp. in
Buffalo, New York for renovation of the Broadway Market;
521. $150,000 to the Staten Island University Hospital
for the construction of the Regina McGinn Education Center in
New York;
522. $150,000 to On Your Mark in Staten Island, New York
for facilities renovations for a community center;
523. $150,000 to the Town of Lancaster, New York for
construction activities of the Landmark Clock project;
524. $150,000 to the Village of Owego, New York for
construction of a community center;
525. $150,000 to LaGuardia Community College in New York
for facilities renovation to house a small business incubator;
526. $150,000 to the Brooklyn Public Library in New York
for restoration of the central plaza;
527. $200,000 to the Elizabeth Pierce Olmsted Center in
Cheektowaga, New York for construction of an affordable housing
project for handicapped individuals with an emphasis on
individuals with visual impairments;
528. $200,000 to the City of Syracuse, New York for
renovation of the Girls Inc. building;
529. $200,000 for Cornwall, New York for Main Street
revitalization;
530. $200,000 to Onondaga County, New York for
restoration of the Nine Mile Creek Aqueduct in Camillus, New
York;
531. $200,000 to the Hebrew Academy for Special Children
in Brooklyn, New York for construction and renovation of a
facility;
532. $200,000 to Schenectady, New York for expansion of
Proctor's Theatre;
533. $200,000 to the Greater Ridgewood Restoration
Corporation in New York for streetscape improvements along the
Brooklyn/Queens border;
534. $225,000 to Putnam County, New York for streetscape
improvements along the Rt. 52 Corridor;
535. $225,000 to D'Youville College in Buffalo, New York
for facilities renovation, expansion and buildout for the
D'Youville College Library Improvement project;
536. $250,000 to the City of Syracuse, New York for
renovations to a stone building in Elmwood Park;
537. $250,000 to the City of Syracuse, New York for
facilities renovation of the Open Hand Theater;
538. $250,000 to Onondaga County, New York for
construction and expansion of the North Area YMCA;
539. $250,000 to the State University of New York
Environmental School of Forestry for facility renovations and
improvements in Onondaga Park;
540. $250,000 to the City of Syracuse, New York for
Automobile Row streetscape improvements;
541. $275,000 to the Natural History Museum of the
Adirondacks for construction of a new museum in New York;
542. $280,000 to the Bedford-Stuyvesant YMCA in Brooklyn,
New York for renovation and construction of a youth and family
center;
543. $300,000 to Houghton College, New York for
renovation of the Paine Science Center;
544. $300,000 to Wayne County, New York for demolition
and facilities construction improvements at Sodus Point Park;
545. $350,000 to Per Scholas: Workforce Enterprise
Service in the Bronx, New York for renovation of warehouse
space to house the WorkSmart program;
546. $400,000 to the Mary Mitchell Family and Youth
Center in the Bronx, New York for construction of the Austin
Jacobo Center for Community Leadership;
547. $350,000 to the State University of New York College
of Environmental Science and Forestry for the acquisition,
renovation and construction of facilities for the North Country
Campus Economic Development and Improvement Program in Clayton,
New York;
548. $100,000 to the Battle of Plattsburgh Association in
Plattsburgh, New York to rehabilitate a building on the former
Plattsburgh Air Force Base;
549. $450,000 to the Belmont Shelter Corporation for the
construction of the Shawnee Landing Senior Apartments in
Wheatfield, New York;
550. $450,000 to the Metropolitan Museum of Art in New
York City for facade restoration improvements;
551. $220,000 to the Museum of Modern Art in New York
City for expansion and renovations to the Education and
Research Center;
552. $450,000 to Jazz at Lincoln Center in New York City
for facilities construction;
553. $450,000 to the New York Public Library in New York
City for renovations to their Map Division;
554. $500,000 to Onondaga County, New York for
renovations to the Fayetteville Library;
555. $500,000 to the City of Syracuse, New York for
facilities restoration and expansion of the Landmark Theater;
556. $500,000 to the WXXI Public Broadcasting Council in
Rochester, New York for facilities construction and
improvements for an Educational Outreach Center;
557. $500,000 to Wayne County, New York to construct a
new Livestock building at the Wayne County fairgrounds;
558. $750,000 to the New York State Olympic Regional
Development Authority for facilities construction;
559. $1,000,000 to Nazareth College in Rochester, New
York for renovations of their Academic Center;
560. $1,250,000 to Utica College of Syracuse in Utica,
New York for design and construction for the expansion of
science facilities;
561. $100,000 to the City of Utica, New York for
construction of the North Utica Senior Citizens Recreation
Center;
562. $100,000 to the City of Mount Vernon, New York for
restoration of an abandoned building into a job training and
cultural center;
563. $215,000 to the Simon Wiesenthal New York Tolerance
Center in New York City for facilities renovation;
564. $250,000 to Greene County, New York for the Michael
J. Quill Irish Cultural and Sports Centre for facilities
renovations;
565. $75,000 to CAARE, Inc. in Durham County, North
Carolina for construction, renovation and buildout of a one-
stop service center for individuals affected by HIV/AIDS;
566. $100,000 to the City of Greenville, North Carolina
for building demolition and building renovation in the West
Greenville neighborhood;
567. $100,000 to the North Carolina Institute of Minority
Economic Development for restoration, renovation and buildout
of a building in downtown Durham, North Carolina;
568. $125,000 to North Carolina Community Development
Initiative Capital, Inc. for capitalization of a loan fund;
569. $125,000 to the Food Bank of North Carolina for
renovation and buildout of a food bank facility;
570. $300,000 for Bennett College, Greensboro, North
Carolina for a community revitalization project;
571. $150,000 to the Center for Community Self-Help in
Durham, North Carolina for acquisition of property;
572. $175,000 to the City of Raleigh, North Carolina for
reuse planning for the Fayetteville Street Mall and for
streetscape improvements, pedestrian benches, street lights,
tree planting, entertainment space construction and water
fountain construction;
573. $200,000 to the Town of Wadesboro, North Carolina
for facilities renovations to the Ansonia Theatre;
574. $200,000 to the City of Durham, North Carolina for
revitalizing Historic Parrish Street, including facilities
construction/renovation and buildout; economic development
planning assistance; sidewalks, street furniture, and facade
improvements; and land acquisition;
575. $200,000 to the Grape Arbor Development Corporation
for construction and buildout of a Youth Enhancement Center;
576. $150,000 to Scotland County, North Carolina for
facilities expansion and construction for the Scotland County
Recreation Center;
577. $200,000 to North Carolina Central University for
construction, buildout, and equipment for a bioprocessing
research institute;
578. $265,000 to Mayland Community College in Spruce
Pine, North Carolina for facilities renovations for the
Lexington project;
579. $100,000 for the Graveyard of the Atlantic Museum,
Hatteras, North Carolina to complete construction;
580. $125,000 to the Central Piedmont Community College
American Academy of Applied Forensics in Charlotte, North
Carolina for facilities construction;
581. $275,000 to the Town of Troy, North Carolina for a
pilot program for the construction of affordable housing;
582. $750,000 to the Pisgah Forest Institute at Brevard
College in Brevard, North Carolina for facilities construction;
583. $200,000 to the North Carolina Museum of Natural
Sciences for construction of the Nature Research Center;
584. $500,000 for Transylvania County, North Carolina for
construction of a library;
585. $600,000 for the City of Rugby, North Dakota to
complete information technology and energy projects;
586. $400,000 for Lewis and Clark CommunityWorks,
Bismarck, North Dakota for the Mandan Library Square project;
587. $500,000 for the Northwest Venture Communities Inc.,
Minot, North Dakota for the construction of the Northwest
Career and Technology Center;
588. $500,000 for Three Affiliated Tribes Tourism
Department, New Town, North Dakota for a cultural interpretive
center;
589. $600,000 to Sitting Bull College on the Standing
Rock Sioux Reservation in North Dakota for facilities planning
and construction;
590. $100,000 for Jamestown, Ohio to renovate the
Jamestown Opera House;
591. $100,000 to Tuscarawas County, Ohio for
infrastructure for an industrial park;
592. $100,000 to Ross County, Ohio for construction of a
regional multipurpose facility in Chillicothe, Ohio;
593. $100,000 to the Center for Families and Children in
Cleveland, Ohio for design and construction of a medical
campus;
594. $100,000 to COMPASS Toledo in Toledo, Ohio for
facilities rehabilitation;
595. $100,000 to Ohio Theatre, Inc. in Toledo, Ohio for
marquee and facade rehabilitation of the Ohio Theatre;
596. $100,000 to North River Development Corporation in
Toledo, Ohio for economic development planning for the Galena
Street Redevelopment Project;
597. $100,000 to the Bay Area Neighborhood Development
Corporation in Sandusky, Ohio for facilities improvements and
construction in blighted areas;
598. $125,000 to the Ottawa Community Development
Corporation in Toledo, Ohio for building construction and
renovation along Monroe Street;
599. $125,000 to the East Toledo Family Center in Toledo,
Ohio for building renovations;
600. $200,000 to Oberlin College, Oberlin, Ohio for
construction to support the East College Street Project;
601. $200,000 to the City of Toledo, Ohio for renovation
of a community recreation facility;
602. $200,000 to the J. Frank Troy Senior Center in
Toledo, Ohio for renovation and construction;
603. $225,000 to the Dayton/Montgomery County Port
Authority, Ohio for land acquisition, demolition, and site
development for a commercial office center at Patterson Place;
604. $275,000 to the City of St. Clairsville, Ohio for
restoration of the Clarendon Hotel;
605. $300,000 for Ohio Wesleyan University to renovate
Merrick Hall;
606. $300,000 for Catholic Social Services in
Springfield, Ohio for renovation of a facility to house the
Second Harvest Foodbank;
607. $300,000 for the Springfield Arts Council for
renovation of the Veterans Park Amphitheater in Springfield,
Ohio;
608. $350,000 to the Cincinnati Museum Center in
Cincinnati, Ohio for restoration and expansion of facilities;
609. $350,000 to Lake Erie College in Painesville, Ohio
for construction of an athletic and wellness center;
610. $450,000 to the Portsmouth Area Chamber of Commerce
in Portsmouth, Ohio for construction of the Sciot County
Welcome Center;
611. $2,300,000 to the City of Canton, Ohio for land
acquisition and related site preparation activities;
612. $500,000 to the Dayton Development Coalition, Ohio
for land and site acquisition, demolition, site preparation and
facilities construction;
613. $700,000 for Franklin County Metro Parks, Franklin
County, Ohio for the purchase of land in the Darby Creek
Watershed;
614. $1,000,000 for the City of Dayton, Ohio for the
development of structures in the W. Third Street Historic
District;
615. $500,000 for the Toledo-Lucas County Port Authority
for the Northwest Ohio Brownfield Restoration Initiative;
616. $300,000 for the Cleveland Advanced Manufacturing
Program [CAMP], Ohio to renovate and continue construction of
the Cleveland Manufacturing Technology Complex [CMTC];
617. $450,000 for the Johnny Appleseed Heritage Center,
Inc. in Ashland County, Ohio for construction of facilities;
618. $800,000 to the Dayton Development Coalition for the
development of a commercial and industrial site near the
airport in Dayton, Ohio;
619. $250,000 to the Village of Cedarville, Ohio for the
construction of a library;
620. $500,000 for Miami University of Ohio in Oxford,
Ohio for construction of biological science facilities;
621. $150,000 to the Heartland of American Foundation for
facilities construction for the Heartland of America Museum in
Weatherford, Oklahoma;
622. $150,000 to Area Neighbors in Wagoner, Oklahoma for
facilities construction;
623. $225,000 to the Lawton/Fort Sill Chamber of Commerce
and Industry in Lawton, Oklahoma for construction of the
National Army Museum of the Southwest;
624. $225,000 to the Standing Bear Museum and Education
Center in Ponca City, Oklahoma for facilities construction;
625. $90,000 to the City of Portland, Oregon for Portland
Central City streetscape and neighborhood integration planning;
626. $100,000 to the City of Portland, Oregon for
architectural and engineering design for the Portland Public
Market;
627. $200,000 to the City of Salem, Oregon for
construction of a civic center;
628. $275,000 for Union and Wallowa Counties, Oregon for
purchase of a railroad line for tourism development;
629. $200,000 for the City of The Dalles, Oregon for the
completion of a fiber optic loop;
630. $800,000 for the Portland Development Commission,
Portland, Oregon for the South Waterfront Greenway Project;
631. $400,000 for the Portland Development Commission,
Portland, Oregon for affordable housing in North Macadam
Central District;
632. $200,000 for the City of Portland, Oregon for the
Central City Eastside Streetcar project;
633. $100,000 for the City of Astoria, Oregon for
restoration to the Astoria Column Cultural Heritage Center;
634. $50,000 for the Umatilla Community Recreation
Center, Oregon for construction;
635. $75,000 to the Penn-Brad Oil Museum in Bradford,
Pennsylvania for facilities improvements and landscaping;
636. $110,000 to the City of Philadelphia, Pennsylvania
for Blue Horizon facade restoration and facilities
rehabilitation;
637. $75,000 to the Rock School in Philadelphia,
Pennsylvania for facilities renovation;
638. $200,000 to the City of Pittsburgh, Pennsylvania for
building demolition, renovation, and streetscape improvements
as part of the Pittsburgh Neighborhood Needs Program;
639. $75,000 to the Lawrenceville Corporation in
Pittsburgh, Pennsylvania for land acquisition and site
preparation;
640. $75,000 to the Shadyside, Pennsylvania Chamber of
Commerce for streetscape and lighting improvements along the
Walnut Street business corridor;
641. $100,000 for the Urban Redevelopment Authority, in
Pittsburgh, Pennsylvania, to revitalize the Centre Avenue
Corridor through acquisition and redevelopment of vacant
structures and lots in the community;
642. $100,000 to the Borough of Morrisville, Pennsylvania
for a redevelopment study;
643. $100,000 to the Hepatitis B Foundation in
conjunction with Delaware Valley College for the planning and
design of a Biotechnology Research Complex in the Philadelphia
suburbs of Bucks County, Pennsylvania;
644. $120,000 to the National Trust for Historic
Gettysburg, Pennsylvania for restoration of the Majestic
Theater;
645. $100,000 to the Strand-Capitol Performing Arts
Center in York City, Pennsylvania for facilities renovation;
646. $100,000 to the Sultan Ahmad Community Foundation in
Philadelphia, Pennsylvania for community center construction;
647. $100,000 to ONUNDE, Inc. of Philadelphia,
Pennsylvania for facility construction;
648. $100,000 to the Absalom Jones Foundation in
Philadelphia, Pennsylvania for renovation of the Historic Grand
Lodge;
649. $100,000 to the Philadelphia Dance Company in
Pennsylvania for renovation of performance facilities;
650. $100,000 to the Greater Germantown Housing
Development Corporation in Philadelphia, Pennsylvania for
renovations to buildings;
651. $100,000 to the Parkside Historic Preservation
Corporation in Philadelphia, Pennsylvania for renovations to
buildings;
652. $100,000 to Cheltenham Township, Pennsylvania for
renovations to buildings;
653. $135,000 to Mt. Airy USA in Philadelphia,
Pennsylvania to continue a redevelopment and urban renewal
initiative;
654. $100,000 to the Beech Capital Venture Corporation in
Philadelphia, Pennsylvania for renovations to buildings;
655. $100,000 to Mercy-Douglass Center of Philadelphia,
Pennsylvania for facilities renovation;
656. $100,000 to the Borough of Jenkintown, Pennsylvania
for renovation of a theater;
657. $100,000 to the Borough of Minersville, Pennsylvania
for streetscape improvements;
658. $100,000 to the Seldom Seen Mine in Patton,
Pennsylvania for facilities renovations to permit display of
equipment;
659. $125,000 to the City of Lebanon, Pennsylvania for
demolition and building restoration;
660. $125,000 to the City of Lebanon, Pennsylvania for
construction of recreation facilities for the Lebanon Valley
Family YMCA;
661. $125,000 to the City of Pittston, Pennsylvania for
land acquisition, facilities renovation and demolition;
662. $125,000 to the City of Scranton, Pennsylvania for
land acquisition, facilities renovation and demolition;
663. $250,000 for the Scranton Cultural Center at the
Masonic Temple for facilities renovation and expansion;
664. $150,000 to the Pennridge Senior Center for the
planning, design, and construction of a senior center in
Perkasie, Pennsylvania;
665. $150,000 to the Borough of Donora, Pennsylvania for
construction of a pavilion at Palmer Park;
666. $300,000 to Indiana University of Pennsylvania for
construction of an on-campus multi-use facility;
667. $100,000 to the Borough of Northern Cambria,
Pennsylvania for construction of a community recreation center;
668. $200,000 to Fayette County, Pennsylvania for
renovation of the Wellness and Research Center;
669. $200,000 to Greene County, Pennsylvania for
renovation of a community center;
670. $225,000 to the Phoenixville Area Economic
Development Corporation for restoration of the Phoenixville
Foundry building in Phoenixville Borough, Pennsylvania;
671. $225,000 to the Westmoreland County Industrial
Development Corporation for property acquisition and demolition
for the Jeannette, Pennsylvania Downtown Redevelopment Plan;
672. $250,000 to the Urban Education Research and Retreat
Center in Philadelphia, Pennsylvania for facility renovations
at the 4601 Market Street Building;
673. $250,000 to the City of Lower Burrell, Pennsylvania
for construction of recreational facilities at Community Park,
including a pavilion;
674. $250,000 to Seton Hill College in Greensburg,
Pennsylvania for construction of recreational facilities;
675. $300,000 to the Borough of Brownsville, Pennsylvania
for building renovation;
676. $300,000 to Washington & Jefferson College in
Washington, Pennsylvania for renovation of downtown buildings;
677. $300,000 to Ford City, Pennsylvania for renovation
of industrial park buildings;
678. $300,000 to Westmoreland County, Pennsylvania for
building renovation in the Monessen Riverfront Industrial Park;
679. $325,000 to the University Technology Park, Inc. in
Chester, Pennsylvania for facilities construction;
680. $350,000 to the Oil Creek Railway Historical Society
located in Titusville, Pennsylvania for facilities renovations,
upgrades, landscaping and for the purchase of railway cars;
681. $350,000 for construction of a community center in
Dushore, Sullivan County, Pennsylvania;
682. $450,000 to the City of Johnstown, Pennsylvania for
continuation of construction of a war memorial and conference
center;
683. $200,000 to the City of Uniontown, Pennsylvania for
construction related to Bailey Park and downtown streetscape,
beautification, building renovation and restoration;
684. $150,000 to the Borough of Mount Pleasant,
Pennsylvania for facilities improvements to the Veterans Park
including construction of a veterans wall, monumental fountain,
and ceremonial stage;
685. $150,000 to the City of Johnstown, Pennsylvania for
renovations of historic Point Stadium;
686. $100,000 for Universal Community Homes in
Philadelphia, Pennsylvania, to continue the conversion of more
than 500 parcels of land into for-sale units to low- and
moderate-income families;
687. $100,000 to the Erie Municipal Airport Authority in
Erie, Pennsylvania, for the redevelopment of the recently
acquired, former Fenestra window manufacturing facility to
serve the needs of major air express carriers as an on-airport
integrated service center;
688. $300,000 to the Community Initiatives Development
Corporation, Our City Reading, in Reading, Pennsylvania, for
the rehabilitation of abandoned houses and parks to provide
quality home ownership opportunities to low-income families;
689. $50,000 for the City of Erie, Pennsylvania, for site
preparation and redevelopment of the vacant and blighted
Koehler Brewery Building;
690. $150,000 for the Borough of Lehighton, Pennsylvania,
to establish a Market Towns Community Technology Center, which
will serve as a community technology center to support the
Corridor Market Towns regional revitalization initiative;
691. $125,000 for Downtown Chambersburg, Inc., in
Chambersburg, Pennsylvania, to construct the Capitol Theatre
Center and preserve the 1927 Capitol Theatre as part of a
regional arts initiative;
692. $100,000 for the Chester Economic Development
Authority, in Chester, Pennsylvania, for the redevelopment of
the blighted and vacant waterfront district, including the
former PECO power station into office space;
693. $75,000 for the Warner Theater Preservation Trust,
in Erie, Pennsylvania, to restore and expand the historic
Warner Theater, which will serve as the centerpiece of a
regional performing arts venue;
694. $100,000 for the City of Bradford, Pennsylvania, to
assist with the rehabilitation of the Old City Hall Building as
the cornerstone of the city's urban redevelopment plan;
695. $250,000 for the Greater Wilkes-Barre Chamber of
Business and Industry, in Wilkes-Barre, Pennsylvania, for the
acquisition and redevelopment of the historic Irem Temple,
which will be converted into a cultural center;
696. $75,000 for Nueva Esparanza, in Philadelphia,
Pennsylvania, to create a Latino Corridor, as part of an inner
city development initiative to transform neighborhood vacant
lots and abandoned homes into a vibrant commercial corridor;
697. $150,000 for Jefferson Square Community Development
Corporation, in Philadelphia, Pennsylvania, for a home
ownership development initiative aimed at rejuvenating the
inner-city through blight removal and construction of modern,
low-income homes;
698. $75,000 for Enterprise Center CDC, in Philadelphia,
Pennsylvania, for the design and development of Enterprise
Heights, which will contain 50,000 square feet of new and
rehabilitated office and retail space;
699. $100,000 for the Allegheny County Department of
Economic Development in Allegheny County, Pennsylvania, for the
redevelopment of the former U.S. Steel Carrie Furnace site, as
part of an effort to stabilize the community through the
integration of the former industrial area, the adjacent
neighborhoods and the riverfront;
700. $200,000 for the Allegheny County Department of
Economic Development for the construction of an Industrial Park
in McKeesport, Pennsylvania, including the rehabilitation of a
former USX Tube Works site utilizing high performance building
techniques;
701. $75,000 for the City of Hazleton, Pennsylvania, for
the Pine Street Neighborhood Development Project, including the
acquisition and demolition of a blighted warehouse, as well as
construction of affordable housing and an office building to
house area non-profit organizations, which will offer social
services to city residents;
702. $75,000 for the South Philadelphia Area
Revitalization Corporation, in Philadelphia, Pennsylvania, for
the construction of low- and moderate-income housing;
703. $100,000 for the Greater Johnstown Regional
Partnership, in Johnstown, Pennsylvania to construct a regional
technology center as part of a community revitalization
initiative;
704. $75,000 for the Columbia Alliance for Economic
Growth, in Bloomsburg, Pennsylvania, for technological
infrastructure improvements for the Bloomsburg Regional
Technology Center;
705. $300,000 for the City of Lancaster, Pennsylvania for
the development of an entertainment/retail complex;
706. $75,000 for the Historic Preservation Trust of
Lancaster County, Pennsylvania, for rehabilitation of
facilities at the Thaddeus Stevens and Lydia Hamilton Smith
historic site;
707. $200,000 to the City of Philadelphia, Pennsylvania,
to support the Neighborhood Transformation Initiative, which
will demolish abandoned homes as well as revitalize the
Philadelphia region;
708. $125,000 to the Ogontz Avenue Revitalization
Corporation in Philadelphia, Pennsylvania, to assist with
substantial rehabilitation of severely deteriorated vacant
properties that will be developed as a part of the West Oak
Lane community development rebuilding initiative;
709. $100,000 to the Philadelphia Chinatown Development
Corporation in Philadelphia, Pennsylvania, for the construction
of a Chinatown Community Center;
710. $75,000 to the Invest Erie Community Development
Corporation in Erie, Pennsylvania, for the acquisition and
development of property to establish a Parade Street Plaza;
711. $100,000 to the Town of Burrillville, Rhode Island
for health/fitness and recreational facilities construction and
renovation at the Branch River and Hauser Memorial Field Park
areas, including pedestrian walkways;
712. $250,000 to the City of Central Falls, Rhode Island
for recreational facilities construction and renovation;
713. $200,000 to Salve Regina University in Newport,
Rhode Island facilities renovations to accommodate laboratory
facilities;
714. $700,000 for the Salvation Army of Rhode Island,
Providence, Rhode Island for construction of a day care center;
715. $130,000 for the City of North Providence, Rhode
Island for construction of a senior center;
716. $300,000 for the YMCA of Greater Providence, Rhode
Island for the Village of Promise project;
717. $300,000 for the Sexual Assault and Trauma Center of
Rhode Island, Providence, Rhode Island to purchase a building
for the Children's Advocacy Center;
718. $300,000 for the Providence Public Library, Rhode
Island for renovations;
719. $450,000 for the Johnston Senior Citizens Center,
Johnston, Rhode Island for the construction of a new senior
center;
720. $170,000 for AS220 and Perishable Theatre,
Providence, Rhode Island for building refurbishment;
721. $300,000 for the Pawtucket Armory Association in
Pawtucket, Rhode Island for the renovation of the Pawtucket
Armory as an arts center;
722. $200,000 for the Warwick Boys and Girls Club,
Warwick, Rhode Island for building renovations;
723. $150,000 for the Trinity Repertory Theatre,
Providence, Rhode Island for the construction of the Pell
Chafee Performance Center;
724. $100,000 for Travelers Aid in Providence, Rhode
Island for building renovations;
725. $100,000 for the Institute for the Study and
Practice of Nonviolence for the renovation of the institute in
Rhode Island;
726. $100,000 for the Town of Bristol, Rhode Island for
the redevelopment of the waterfront complex;
727. $100,000 for the Roger Williams Park in Providence,
Rhode Island for the construction of the Botanical Gardens;
728. $50,000 for the Seabee Museum and Memorial park in
North Kingstown, Rhode Island for costs associated with
construction;
729. $50,000 for Harmony Hill School in Chepachet, Rhode
Island for construction of Harmony House;
730. $100,000 to the Eau Claire Development Corporation
in South Carolina for land acquisition near Farrow Road;
731. $150,000 to the Golden Harvest Food Bank in Aiken,
South Carolina for facilities expansion for the Feed the People
project;
732. $150,000 to Lee County, South Carolina for Ashwood
Gymnasium renovations;
733. $150,000 to Calhoun County, South Carolina for
construction of a community recreational facility;
734. $225,000 to the South Carolina School for the Deaf
and Blind in Spartanburg, South Carolina for facilities
renovation;
735. $1,000,000 for the Five Rivers Community Development
Corporation, Georgetown, South Carolina for economic
development and affordable housing;
736. $500,000 to the Winchester Conservation Museum,
Edgefield, South Carolina for expansion;
737. $2,000,000 for Wakpa Sica Historical Society in Fort
Pierre, South Dakota for the Wakpa Sica Reconciliation Center;
738. $400,000 for the City of Parker, South Dakota for
the development of a community center;
739. $400,000 for the City of Beresford, South Dakota for
the Beresford Industrial Infrastructure Development project;
740. $200,000 for the Aberdeen Workforce Development
Council, Aberdeen, South Dakota for costs associated with the
Workforce Development Center;
741. $50,000 for the Canton Economic Development
Corporation, Canton, South Dakota for infrastructure
development;
742. $1,000,000 for Dakota Wesleyan University, Mitchell,
South Dakota for facilities construction for the McGovern
Library and Center for Public Service;
743. $350,000 for the City of Sioux Falls, South Dakota
for the expansion and rehabilitation of the Orpheum Theatre;
744. $200,000 for the City of Vermillion, South Dakota
for the expansion of the Center for Children and Families;
745. $100,000 for the City of Redfield, South Dakota for
renovations and improvements to the Carnegie Library;
746. $250,000 to the 28th Legislative District Community
Development Corporation for planning activities for the
redevelopment of the Bushtown community in Chattanooga,
Tennessee;
747. $100,000 to the Cocaine & Alcohol Awareness Program,
Inc. in Tennessee for renovation and construction of
facilities;
748. $500,000 to Hamilton County, Tennessee for
facilities construction for a Center for Entrepreneurial Growth
Incubator;
749. $450,000 to Knox County, Tennessee for facilities
preservation, construction, renovation and expansion at the
Beck Cultural Exchange Center, the Blount Mansion, the Ramsey
House and at Willow Creek Youth Park for the Knox Cultural and
Tourism initiative;
750. $575,000 to the Bijou Theatre Center in Knoxville,
Tennessee for facilities renovations;
751. $100,000 to Fisk University in Nashville, Tennessee
for facilities construction;
752. $900,000 for the Five Points Commercial Development
Project in Knoxville, Tennessee to develop abandoned, blighted,
and underdeveloped commercial areas;
753. $500,000 for Rolling Mill Hills in Nashville,
Tennessee to revitalize distressed urban areas;
754. $500,000 for the New Town Center at Soulsville in
Memphis, Tennessee to support economic and community
development;
755. $500,000 for the Chattanooga Riverfront Development
Project, Chattanooga, Tennessee to create new park space and
other improvements along the riverfront;
756. $100,000 for the Historic Rugby Economic Development
Project in Rugby, Tennessee to develop new visitor facilities
and encourage economic growth;
757. $500,000 for the Tennessee State University
Communications Enhancement Initiative in Nashville, Tennessee
to complete a performing arts center and support community
programs;
758. $75,000 to the San Antonio Food Bank in San Antonio,
Texas for land acquisition and facility buildout;
759. $100,000 to Williamson County, Texas for
construction of a community center;
760. $100,000 to the City of Temple, Texas for land
acquisition and building demolition along Martin Luther King
Boulevard;
761. $100,000 to the McAllen Boys and Girls Club in
McAllen, Texas for construction;
762. $220,000 for the City of Beaumont, Texas for the
Downtown Improvement Program;
763. $100,000 to the Marshall Downtown Development
Corporation, Marshall, Texas for planning and renovation to
permit reuse of a downtown building;
764. $100,000 to the Abilene Preservation League, in
Abilene, Texas for restoration of the Swenson House;
765. $100,000 to the San Angelo Old Town Conservancy,
Inc. in San Angelo, Texas for restoration of the Runkles and
Rackley Building for reuse;
766. $150,000 to the City of Houston, Texas for
construction of the Townwood Community Center;
767. $150,000 to the City of Dallas, Texas for Farmers
Market renovation;
768. $150,000 to the City of El Paso, Texas for
restoration of the Plaza Theatre;
769. $150,000 to the City of San Angelo, Texas for
renovation of tourism facilities;
770. $200,000 to the Permian Basin Petroleum Museum in
Midland, Texas for facilities renovations and improvements;
771. $200,000 to the City of Fort Worth, Texas for
renovation of the Clark's Department store building for reuse;
772. $225,000 to the Brazos Valley Family Medicine Center
in Bryan, Texas for facilities improvements and buildout for
the Center for Excellence in Family Medicine and Rural Primary
Care;
773. $225,000 to the City of La Feria, Texas for
construction of a Boys and Girls Club;
774. $400,000 to the City of Waco, Texas for construction
of a community center;
775. $350,000 to the Old Red Courthouse, Inc. in Dallas,
Texas for facilities restoration and improvements;
776. $950,000 to Rice University for construction of the
Rice University-Texas Medical Center Joint Research Facility in
Houston, Texas;
777. $1,000,000 to the City of Fort Worth, Texas for
construction of urban waterfront improvements for the Trinity
River Vision Project;
778. $900,000 for Christus Santa Rosa Children's Hospital
in San Antonio, Texas for facilities upgrades;
779. $100,000 to the City of Greenville, Texas for
renovations to downtown buildings;
780. $240,000 to the City of Dallas, Texas for
restoration of the Texas Theatre;
781. $100,000 to the Martin Luther King, Jr. Community
Center (King Center) in Houston, Texas for facilities
renovations;
782. $100,000 to Harris County, Texas for an economic
development study for the Precinct 2 Harris County
Unincorporated Revitalization Program;
783. $100,000 to the City of Brownsville, Texas for
construction and facilities buildout needs for a family and
business development center;
784. $200,000 to the Audie Murphy/American Cotton Museum
in Hunt County, Texas for construction of the Hunt County
Veterans Memorial and the Audie Murphy Hall of American Heroes;
785. $500,000 to the University of the Incarnate Word in
San Antonio, Texas for facilities renovation for the Math,
Science and Engineering Center;
786. $250,000 for the City of San Angelo, Texas for the
Innovative Low Income Housing Financing Initiative;
787. $450,000 for the Greater Kelly USA Development
Authority, San Antonio, Texas for the Kelly USA Economic
Development for Commerce for a manufacturing site served by
rail;
788. $200,000 for the City of Denton, Texas for the
downtown redevelopment and infrastructure improvements;
789. $300,000 for the City of Dallas, Texas for the Eagle
Ford Low Income Housing Project for the development of
affordable housing for low and moderate-income families;
790. $200,000 for Camp Fire USA, Texas for costs
associated with multiple construction projects;
791. $200,000 for the Border Trade Alliance, Texas for
the Economic Health of the Southwest Border project;
792. $200,000 for the City of Austin, Texas for the SMART
(Safe, Mixed-Income, Accessible, Reasonably-Priced and Transit-
Oriented) Housing Program;
793. $300,000 for the Chinese Community Center, Houston,
Texas to develop a new center site;
794. $200,000 for Holt Hotel in Wichita Falls, Texas for
continued renovations to the Holt Hotel;
795. $200,000 for the Science Spectrum in Lubbock, Texas
for the Science Spectrum Aerospace Exhibit to design and
construct a 5,000 square foot permanent, hands-on exhibition
demonstrating the science and engineering principles of powered
flying machines, including aerospace concepts;
796. $400,000 for the City of Austin, Texas for
renovations needed, associated with the 2006 World Congress on
Information Technology, to the Austin Community Center;
797. $300,000 for the St. Philip's Development Board,
Dallas, Texas for the St. Philip's Neighborhood Development
Plan;
798. $100,000 to the Utah Shakespearean Festival for
architectural and engineering design of a performance facility;
799. $100,000 to Salt Lake City, Utah for streetscape
improvements in the Ninth and Ninth neighborhood;
800. $150,000 to West Valley City, Utah for facilities
construction and renovation for the Cultural Celebration
Center;
801. $225,000 to the City of Tremonton, Utah for
construction of a Historic Wagon Museum;
802. $1,000,000 for the City of Provo, Utah for the
Pioneer Neighborhood Revitalization project;
803. $1,000,000 for the City of Ogden, Utah for the Ogden
Central Neighborhood Redevelopment project;
804. $500,000 for the City of Logan, Utah for Northwest
Public Park project;
805. $500,000 for Salt Lake City, Utah for the Pete Suazo
Business Center to purchase building space;
806. $500,000 for Syracuse City, Utah for the Syracuse
City Senior Citizen and Community Center for construction;
807. $500,000 for the Vermont Institute of Natural
Science, Woodstock, Vermont for the construction of a wildlife
rehabilitation facility;
808. $400,000 for the Vermont Housing and Conservation
Board, Montpelier, Vermont for the creation of affordable
rental housing in downtown Brattleboro;
809. $100,000 for the City of Burlington, Vermont for the
construction of the Lake Champlain Navy Memorial;
810. $1,000,000 for the Vermont Center on Emerging
Technologies, Burlington, Vermont for the development of a
technology incubator;
811. $200,000 for the Vermont Housing and Conservation
Board, Montpelier, Vermont for construction of affordable
housing in St. Albans, Vermont;
812. $250,000 for the Northern Community Investment
Corporation, St. Johnsbury, Vermont for development of the
Newport Area Family Services project;
813. $400,000 for the Vermont Housing and Conservation
Board, Montpelier, Vermont for construction of affordable
housing in Essex, Vermont;
814. $150,000 for the Vermont Broadband Council to expand
broadband services in rural Vermont;
815. $90,000 to the Southern Vermont Recreation Center
Foundation, in Springfield, Vermont for the construction of a
community center;
816. $100,000 to the Department of Buildings and General
Services of the State of Vermont for construction of veterans
memorials in Springfield and Putney, Vermont;
817. $75,000 for the Rockfish Community Center in Nelson
County, Virginia for roof replacement;
818. $75,000 for the Town of Boydton, Virginia for
downtown revitalization;
819. $100,000 to the Lorton Arts Foundation, Incorporated
in Lorton, Virginia for facilities renovation and construction;
820. $100,000 for the Sedalia Center in Bedford County,
Virginia to assist with construction costs of this regional
cultural center;
821. $100,000 for the Colonial Theater in the Town of
South Hill, Virginia to assist with renovation efforts;
822. $100,000 to the John Singelton Mosby Museum
Foundation in Warrenton, Virginia for facilities renovations;
823. $100,000 to the Arlington Housing Corporation in
Arlington County, Virginia for property acquisition, building
demolition and facilities rehabilitation;
824. $100,000 to the Reston Association in Reston,
Virginia for construction of the Reston Southgate Community
Center;
825. $100,000 to Fairfax County, Virginia for
construction of the Richmond Highway Town Center;
826. $100,000 to Volunteers of America, Chesapeake, Inc.
for renovation of the Bailey's Crossroads Community Shelter in
Virginia;
827. $100,000 to Community Lodgings in Alexandria,
Virginia for renovations to a family learning center;
828. $100,000 to the Boys and Girls Club of Greater
Hampton Roads, Virginia for facilities renovations and
upgrades;
829. $100,000 to the Children's Museum of Virginia in
Portsmouth, Virginia for facilities renovation and expansion;
830. $125,000 to Craig County, Virginia for construction
of a library;
831. $125,000 to the Dabney S. Lancaster Community
College in Virginia for construction of the Virginia Packaging
Applications Center;
832. $150,000 to the City of Suffolk, Virginia for
construction of the Great Dismal Swamp Visitors Center;
833. $150,000 for the North Theater in the City of
Danville, Virginia to assist with renovation efforts;
834. $200,000 to the Imani Intergenerational Community
Development Center, Inc. for facilities construction and
renovation of the 1400 block of Hull Street in Richmond,
Virginia;
835. $200,000 to the City of Fairfax, Virginia for the
Old Town Fairfax Redevelopment Project for construction of
parking facilities;
836. $200,000 to Prince William County, Virginia for the
Nokesville Redevelopment Project for facilities rehabilitation
and renovation and streetscape improvements;
837. $200,000 for the Blue Ridge Institute at Ferrum
College in the Town of Ferrum, Virginia for the construction of
the Agricultural Heritage Education Center to assist with
economic development and tourism in the area;
838. $200,000 for Charlotte County, Virginia for
infrastructure and building upgrades;
839. $200,000 for the Martinsville-Henry County
Historical Society in Virginia for improvements to the Old
Henry County Court House and Museum;
840. $200,000 for the Lewis and Clark Exploratory Center
in Charlottesville, Virginia to assist in the construction of
the Center;
841. $250,000 for The Prizery in the Town of South
Boston, Virginia to assist with renovation efforts and the
creation of a community arts center;
842. $250,000 to Edgehill Recovery Retreat Center in
Winchester, Virginia for facilities construction;
843. $275,000 to the Virginia Holocaust Museum in
Richmond, Virginia for facilities renovations and buildout;
844. $325,000 to the Windy Hill Foundation in Middleburg,
Virginia for the construction of affordable housing;
845. $350,000 to Fairfax County, Virginia for facilities
construction for Magnet Housing;
846. $400,000 for the Institute of Advanced Learning and
Research (IALR) in Danville, Virginia for facility renovation
and equipment improvements;
847. $400,000 to the Christopher Newport University
Foundation of Newport News, Virginia for facilities
construction and renovation;
848. $1,000,000 to the Art Museum of Western Virginia for
planning and construction of a new museum in Roanoke, Virginia;
849. $100,000 to the Tenants' and Workers' Support
Committee for construction and renovation of a multi-purpose
committee room in the Arlandria community of Alexandria,
Virginia;
850. $100,000 to Arlington County, Virginia for
construction of a community center in the Buckingham community;
851. $400,000 to The Conservation Fund in Arlington,
Virginia for land acquisition;
852. $500,000 for the Virginia Performing Arts Foundation
for facilities construction in Richmond, Virginia;
853. $1,200,000 for the City of Newport News, Virginia
for the development of the Newport News Fine Arts Center;
854. $500,000 for the Tredegar National Civil War Center
Foundation for planning and construction of the Tredegar
National Civil War Center in Virginia;
855. $200,000 to the Skagit County Children's Museum in
Mount Vernon, Washington for facilities improvements and
renovation;
856. $100,000 to the Tacoma Art Museum in Tacoma,
Washington for building construction;
857. $100,000 to Jefferson County, Washington for
restoration of the Jefferson County Courthouse Clock Tower;
858. $100,000 to Olympic College in Washington for
construction at the Shelton Branch;
859. $515,000 to the Lutheran Compass Center in Seattle,
Washington for rehabilitation and expansion of facilities;
860. $100,000 to the City of Burien, Washington for land
acquisition;
861. $125,000 to the Westport Senior Center in Westport,
Washington for construction;
862. $125,000 to Peninsula College in Washington for
construction of a science facility;
863. $150,000 to the City of Bremerton, Washington for
streetscape and facade renovation;
864. $225,000 to the Children's Home Society of
Washington for facilities construction for the Spokane Valley
Family Resource Center;
865. $350,000 to Kent Youth and Family Services in Kent,
Washington for facilities expansion and rehabilitation for the
Springwood Community Center;
866. $450,000 to the City of Yakima, Washington for
renovation of the Capitol Theatre;
867. $400,000 to Richard Allen Enterprises in Spokane,
Washington for the Emmanuel Center Project for facilities
expansion;
868. $500,000 for the Museum Development Authority,
Seattle, Washington for costs associated with brownfields
redevelopment;
869. $250,000 for the Kitsap County Consolidated Housing
Authority, Bremerton, Washington for downtown revitalization;
870. $250,000 for the Washington Technology Center in
Seattle for the Washington Nanotechnology Initiative;
871. $500,000 for the West Central Community Center,
Spokane, Washington for costs associated with expansion;
872. $200,000 for Hope Home in Pasco, Washington for the
purchase and renovation of a home for its program;
873. $250,000 for the Walter Clore Wine and Culinary
Center in Prosser, Washington for costs associated with
construction;
874. $250,000 for the Economic Alliance in Okanogan,
Washington for the construction of a business incubator;
875. $150,000 to the Business and Industrial Development
Corporation for the acquisition, renovation and reuse of the
Clendenin Middle School in West Virginia;
876. $225,000 to the Jefferson County Development
Authority, West Virginia for infrastructure improvements for
the Burr Industrial Park near Charles Town, West Virginia;
877. $200,000 to the Strand Theatre Preservation Society
in Moundsville, West Virginia for theatre renovations;
878. $400,000 to the Monongalia County Schools
Foundation, Inc. in West Virginia for construction of
recreation facilities;
879. $750,000 to the Greenbrier Valley Economic
Development Corporation in Lewisburg, West Virginia for
facilities construction and buildout;
880. $750,000 to the Vandalia Heritage Foundation, Inc.
for land acquisition;
881. $1,050,000 to the 4-County Economic Development
Corporation in Oak Hill, West Virginia for facilities
construction and buildout;
882. $1,170,000 to Glenville State College in Glenville,
West Virginia for the construction of a new campus community
education center;
883. $3,200,000 to the West Virginia High Technology
Consortium Foundation, Inc. for land acquisition to expand a
high technology business park;
884. $500,000 for Appalachian Bible College, Beckley,
West Virginia to complete its library resource center;
885. $1,000,000 for the Huntington Area Development
Council, Huntington, West Virginia for the construction of a
business incubator;
886. $2,000,000 for West Virginia University in
Morgantown for the construction of a facility focused on
forensic science and biometrics research;
887. $1,500,000 for the City of Beckley, West Virginia
for downtown revitalization;
888. $100,000 to Centro Hispano in Madison, Wisconsin for
expansion of facilities;
889. $100,000 to the East Madison Community Center in
Wisconsin for expansion of facilities;
890. $175,000 to West End Development Corporation in
Milwaukee, Wisconsin for building acquisition and renovation in
the Near West Side neighborhood;
891. $175,000 to the Redevelopment Authority of the City
of Milwaukee, Wisconsin for building and facade renovation
along the Vliet Street corridor;
892. $350,000 to the Military Veterans Museum, Inc. in
Oshkosh, Wisconsin for facilities construction;
893. $900,000 to the City of Superior, Wisconsin for
facilities improvements, new construction and relocation of
facilities at the Barker's Island Redevelopment Project;
894. $1,000,000 to the City of Wausau, Wisconsin for the
construction of a business development center;
895. $200,000 for the Menomonee Valley Partners of
Milwaukee, Wisconsin for the redevelopment of a former rail
yard;
896. $100,000 for the West Central Wisconsin Regional
Planning Commission of Eau Claire, Wisconsin for an economic
development initiative;
897. $100,000 for the City of Beloit, Wisconsin for the
redevelopment of a former industrial site;
898. $300,000 for Techstar of Milwaukee, Wisconsin for
economic development initiatives;
899. $500,000 for C-CAP, Inc., Waukesha, Wisconsin for
costs associated with the Low Income Housing Redevelopment
Project;
900. $350,000 for the City of Kenosha, Wisconsin for the
construction of affordable housing;
901. $250,000 for the City of Madison, Wisconsin for the
construction of low-income housing;
902. $1,000,000 to the University of Wyoming for
construction of the Wyoming Technology Business Center in
Laramie, Wyoming.
--$44,000,000 for the Neighborhood Initiatives program
instead of $21,000,000 as proposed by the House and Senate.
Modified language is included, similar to language proposed by
the House and Senate, to target funds made available under this
program. Targeted grants shall be provided as follows:
1. $2,000,000 for the Denali Commission for economic
development in rural Alaska;
2. $500,000 for the City of Fresno, California for the
Roeding Business Park Development project;
3. $750,000 for the City of Waterbury, Connecticut for
the demolition of blighted buildings;
4. $250,000 for the County of Hawaii for neighborhood
restoration in Hilo, Hawaii;
5. $75,000 for the Heart of Illinois Big Brothers Big
Sisters program in Peoria, Illinois for the construction of a
facility;
6. $100,000 to the City of Peoria, Illinois, for the
Southern Gateway revitalization project to redevelop this
neighborhood into a commercial center;
7. $650,000 for OSF Saint Francis Medical Center in
Peoria, Illinois for the renovation of treatment rooms to
expand the facility's emergency department;
8. $725,000 for Eureka College in Eureka, Illinois for
construction of a new Science and Technology Center;
9. $300,000 for the City of Rockford, Illinois for a
neighborhood revitalization project in the North Mid Town Area;
10. $200,000 for the City of Indianapolis, Indiana for
the Tenth Street Revitalization Project;
11. $500,000 for the Iowa Department of Economic
Development for the Main Street Iowa initiative;
12. $500,000 for the City of Waterloo, Iowa for the
redevelopment of the Rath area brownfields;
13. $200,000 to the Community Economic Empowerment
Corporation for construction of a recreation center in
Louisville, Kentucky;
14. $325,000 for the Rhema Development Corporation for
renovation of housing facilities in Louisville, Kentucky;
15. $400,000 for the Shiloh Community Renewal Center in
Louisville, Kentucky for renovation and conversion of a
building into an apartment facility for the elderly;
16. $400,000 for the St. Stephen Family Life Center in
Louisville, Kentucky for facilities renovation of Stewart Hall;
17. $325,000 for the Shelby Park Neighborhood Association
for the design and construction of a community center in
Louisville, Kentucky;
18. $400,000 for the New Zion Community Development
Foundation for facilities renovations and improvements in
Kentucky;
19. $150,000 for the Trinity Family Life Center in
Louisville, Kentucky for continued facilities construction;
20. $1,000,000 for East Baltimore Development Inc., in
Baltimore, Maryland for redevelopment activities in East
Baltimore which include coordination with the Oliver community
redevelopment plan;
21. $150,000 for Charles County, Maryland for the La
Plata Community Center.
22. $1,000,000 for MassDevelopment, Boston, Massachusetts
for the Lawrence Gateway/Quadrant Area Redevelopment Plan;
23. $500,000 for the City of Roseau, Minnesota for
economic redevelopment;
24. $500,000 for Neighborhood House in St. Paul,
Minnesota for construction of the Paul and Sheila Wellstone
Center for Community Building;
25. $5,000,000 for the Grace Hill Neighborhood Health
Centers, Inc. shall be spent on primary prevention activities
with no less than $4,000,000 spent on remediation and abatement
activities of housing in St. Louis, Missouri;
26. $250,000 for the Garfield Family Intervention Center
in Birney, Montana for renovations;
27. $250,000 for the Northern Cheyenne Boys and Girls
Club, Lame Deer, Montana for construction costs;
28. $500,000 to NYSERNET to develop a blueprint for
building or acquiring dark fiber deployment throughout Upstate
New York;
29. $400,000 to the Cortland County Industrial
Development Authority in New York for the expansion of the
Marietta bulk manufacturing facility;
30. $100,000 to Cayuga County, New York for expansion of
the Cayuga Home in Auburn, New York;
31. $5,000,000 to the City of Syracuse, New York for the
Neighborhood Initiative Program;
32. $250,000 for Rural Opportunities, Rochester, New York
for the Upstate New York Community and Business Development New
Market Initiative;
33. $500,000 to the Alliance for the Arts in New York
City for the development of the New York State Cultural
Database;
34. $1,000,000 to The Ohio State University in Columbus,
Ohio for The Ohio State University Neighborhoods Revitalization
Initiative;
35. $500,000 for the Jackson Day Care Center in Jackson,
Ohio for construction and facilities improvements;
36. $4,000,000 for the Oklahoma Department of
Environmental Quality for neighborhood restoration in Ottawa
County;
37. $1,000,000 for the City of Rock City, South Carolina
for the revitalization and the development of the Arcade-
Westside Area of Rock Hill;
38. $500,000 for the City of Denton, Texas for downtown
redevelopment;
39. $50,000 for the Halifax County Community Action
Agency for the development of a Housing Initiative in Charlotte
County, Virginia;
40. $300,000 for Lutheran Community Services Northwest,
SeaTac, Washington for the construction of a community services
building;
41. $3,500,000 for the Institute for Scientific Research
for construction related to a high-technology diversification
initiative;
42. $4,250,000 for the Vandalia Heritage Foundation, Inc.
for community and neighborhood revitalization and economic
diversification initiatives.
43. $2,500,000 to the West Virginia High Technology
Consortium Foundation, Inc. for mission purposes and economic
development initiatives
44. $150,000 to Oneida County, Wisconsin for the
restoration of an historic building;
45. $150,000 to Langlade County, Wisconsin for the
restoration of an historic building;
46. $450,000 for the City of Manitowoc, Wisconsin for
economic development activities;
47. $1,500,000 for the Girl Scouts of the USA for youth
development initiatives in public housing.
Includes modified language making technical corrections
to certain targeted economic development initiative grants
funded under this heading in prior appropriations Acts, similar
to language proposed by the House and the Senate.
Includes language transferring no less than $4,900,000 to
the Working Capital Fund for development of and modifications
to information technology systems as proposed by the House and
the Senate.
Includes language limiting the use of funds provided
under this heading for planning, management and administration
to not more than 20 percent of the funds provided except for
amounts provided for certain activities as proposed by the
House. The Senate proposed similar language.
Language is not included proposed by the Senate
designating funds for the Native Hawaiian block grant program,
but instead funding and language is included for this program
under the section 107 program as proposed by the House.
URBAN DEVELOPMENT ACTION GRANTS
Cancels $30,000,000 from unspent balances as proposed by
both the House and Senate.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $7,325,000 for costs associated with section
108 loan guarantees to subsidize a total loan principal of up
to $275,000,000 as proposed by the Senate. The House did not
include funding.
BROWNFIELDS REDEVELOPMENT
Appropriates $25,000,000 for brownfields redevelopment as
proposed by both the House and the Senate.
The conference agreement provides funds for this program
pursuant to the current statutory authorities under section
108(q).
Language is included requiring funds to be awarded
competitively as proposed by the House. The Senate included
similar language. The Department is reminded that these funds
are to be distributed on a competitive basis in accordance with
the requirements set forth in section 205 under administrative
provisions in this title.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriates a total of $2,017,500,000 for this account,
instead of $2,064,100,000 as proposed by the House and
$1,975,000,000 as proposed by the Senate.
The conference agreement includes $1,930,000,000 for the
HOME Investment Partnerships program, instead of $1,939,100,000
as proposed by the House and $1,925,000,000 as proposed by the
Senate. Of this amount, $40,000,000 is for housing counseling
as proposed by the House and Senate; $18,000,000 is for
technical assistance as proposed by the House and Senate
including $7,000,000 for qualified non-profit intermediaries to
provide technical assistance to Community Housing and
Development Organizations (CHDOs) instead of $8,000,000 to CHDO
technical assistance as proposed by the House and $6,000,000 as
proposed by the Senate; and $2,100,000 is for information
technology systems as proposed by the House instead of
$1,100,000 as proposed by the Senate.
In addition, the conference agreement includes
$87,500,000 to provide down-payment assistance to low-income
families to help them achieve homeownership, instead of
$125,000,000 as proposed by the House and $50,000,000 as
proposed by the Senate. Modified language is included similar
to language proposed by the House requiring these funds to be
distributed by a formula established by the Secretary that
takes into account, among other things, a jurisdiction's need
for and prior commitment to assistance to homebuyers. New
language is included to require funds to be distributed for
down-payment in accordance with the terms and conditions set
forth in new authorization legislation should such legislation
be enacted prior to April 15, 2004. The Senate did not support
linking the use of HOME funds to the allocation of funds under
this program and included language requiring funds to be
distributed by a formula developed through rulemaking.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
Appropriates $1,267,000,000 for homeless assistance
grants, instead of $1,242,000,000 as proposed by the House and
$1,325,000,000 as proposed by the Senate. Includes language
requiring the renewal of all expiring Shelter Plus Care grants
as proposed by the House instead of bill language specifying a
dollar amount for this purpose as proposed by the Senate.
However, the conferees understand that the current estimate for
Shelter Plus Care renewals totals $194,000,000. The conferees
expect the Department to provide the full amount necessary to
fund these renewals from within the amounts provided.
Language is included designating $12,000,000 for the
national homeless data analysis project and for technical
assistance as proposed by the House and Senate.
Language is included designating $2,580,000 for
information technology systems as proposed by the House and
Senate.
The conferees reiterate the direction and reporting
requirement included in the Senate report regarding the
collection and analysis of data to assess the effectiveness of
the homeless system.
In lieu of the direction included in the Senate report,
the conferees encourage the Department to review the plans
being developed by the U.S. Interagency Council on Homelessness
to end chronic homelessness and provide a report to the
Committees on Appropriations no later than May 15, 2004, on
recommendations to develop incentives or requirements under
McKinney-Vento programs to achieve this goal.
The conferees reiterate the direction included in the
Senate report on the annual submission of 5-year projections
for renewal costs.
Housing Programs
HOUSING FOR THE ELDERLY
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides funding for the housing
for the elderly (section 202) program and the housing for the
disabled (section 811) program in two new accounts as proposed
by the House rather than continuing funding for both programs
under one account as proposed by the Senate.
The conference agreement recommends a total program level
of $794,320,000 for the section 202 program. Of this amount,
$778,320,000 is provided as a direct appropriation instead of
$773,320,000 as proposed by the House and $783,286,000 as
proposed by the Senate. In addition, $16,000,000 is derived
from unobligated balances from funds provided for project-based
rental assistance contracts (PRAC) renewals in fiscal year 2003
that were not needed to meet this requirement and recaptures of
excess prior year funds, as proposed by the House. The Senate
did not address this matter.
The conference allocates funds as follows:
--$691,850,000 for new capital and PRAC contracts,
instead of $695,850,000 as proposed by the House and
$636,816,000 as proposed by the Senate;
--$2,000,000 for one-year renewals of expiring PRAC
payments as proposed by the House instead of $26,000,000 as
proposed by the Senate. The conferees note that this amount
represents the revised estimate of funding necessary for PRAC
renewals in fiscal year 2004, however should additional funds
be required the Department may reallocate funds from new
capital grants as necessary subject to standard reprogramming
requirements;
--$50,000,000 for service coordinators and the
continuation of congregate services grants as proposed by the
House and Senate;
--$30,000,000 for assisted living conversion grants and
emergency capital repairs. The House proposed $25,000,000 for
assisted living conversion grants and the Senate proposed
$30,000,000 for assisted living conversion grants and
substantial capital repair grants. Modified language is
included designating these funds for assisted living conversion
grants and for emergency capital repairs as determined by the
Secretary.
The conferees are aware of concerns regarding the long-
term conditions and needs of the sections 202 and 236 assisted
housing stock. The conferees direct theDepartment to conduct a
capital assessment of the stock and provide a report to the Committees
on Appropriations not later than August 15, 2004, on alternatives to
address such long-term needs. As part of this report, the conferees
request that the Department examine whether the mechanisms used under
the Mark-to-Market program for certain federally-insured properties can
be applied to the section 202 and section 236 portfolios as a means of
addressing such needs in a cost-effective manner;
--$20,000,000 for competitive grants for planning, design
and development activities for section 202 projects. These
funds are to be allocated for project planning, preliminary
design, site control activities and other development costs,
including gap financing if appropriate, directly related to
section 202 projects in order to facilitate timely completion
of such projects. The conferees do not intend for these funds
to be used for technical assistance but instead expect such
funds to be used for start-up costs associated with such
projects. Language is not included to create a revolving loan
fund as proposed by the Senate. The conferees believe such
needs can be addressed through this competitive grant program;
and
--no less than $470,000 for transfer to the Working
Capital Fund for information technology activities.
Language is included making funds available for
obligation for three years as proposed by the House instead of
four years as proposed by the Senate.
Language is included transferring and merging all
unexpended balances previously appropriated for the section 202
program to this new account as proposed by the House. The
Senate did not address this matter.
HOUSING FOR PERSONS WITH DISABILITIES
(INCLUDING TRANSFER OF FUNDS)
The conference agreement recommends a total program level
of $256,470,000 for the section 811 program. Of this amount,
$250,570,000 is provided as a direct appropriation as proposed
by the House and the Senate and an additional $5,900,000 is
derived from unobligated balances from funds provided for
project-based rental assistance contracts (PRAC) renewals in
fiscal year 2003 that are not needed to meet this requirement
and recaptures of excess prior year funds, as proposed by the
House. The Senate did not address this matter.
The conference allocates funds as follows:
--$213,300,000 for new capital and PRAC contracts and new
vouchers as proposed by the House. The Senate included
$200,045,000 for this purpose under the Housing for Special
Populations account;
--$42,700,000 for one-year renewal costs of section 811
rental assistance and expiring PRAC contracts as proposed by
the House instead of $50,000,000 as proposed by the Senate. The
conferees note that this amount represents the revised estimate
of funding necessary for PRAC renewals in fiscal year 2004,
however should additional funds be required the Department may
reallocate funds from new capital grants as necessary subject
to standard reprogramming requirements; and
--no less than $470,000 for transfer to the Working
Capital Fund for information technology activities.
Language is included allowing the Secretary to designate
up to 25 percent of funds, excluding amounts for voucher
renewals, to be used for new voucher assistance for the
disabled as proposed by the House and the Senate.
Language is included making funds available for
obligation for three years as proposed by the House instead of
four years as proposed by the Senate.
Language is included transferring and merging all
unexpended balances previously appropriated for the section 811
program to this new account as proposed by the House. The
Senate did not address this matter.
FLEXIBLE SUBSIDY FUND
(TRANSFER OF FUNDS)
Includes language regarding the transfer of excess rental
charges to this fund as proposed by the House. Language
proposed by the Senate is not included allowing certain excess
rental charges to be refunded to owners rather than transferred
to the Fund.
RENTAL HOUSING ASSISTANCE
(RESCISSION)
Includes a rescission of up to $303,000,000 from
recaptured excess section 236 funds resulting from the pre-
payment of such mortgages as proposed by the House and the
Senate.
MANUFACTURED HOUSING FEES TRUST FUND
Appropriates up to $13,000,000 for authorized activities
from fees collected in the Fund as proposed by the House. The
Senate included similar language.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Establishes an $185,000,000,000 limitation on commitments
to guarantee single-family loans during fiscal year 2004 as
proposed by the House and the Senate. The conferees do not
concur with language proposed by the Senate regarding the
appropriateness of the decision to change the point of
obligation for this program. In lieu of such language
addressing this matter, the conferees direct the Department to
submit quarterly reports on the status of commitments as
compared to the commitment limitation in addition to
notification reports required by section 3(b) of Public Law 99-
289.
Establishes a $50,000,000 limitation on direct loans to
nonprofits and governmental entities in connection with the
sale of HUD-owned single-family properties as proposed by the
House and the Senate.
Appropriates $359,000,000 for administrative expenses as
proposed by both the House and Senate. Of this amount,
$355,000,000 is to be transferred to the salaries and expenses
account and not to exceed $4,000,000 is to be transferred to
the Office of Inspector General as proposed by both the House
and Senate.
Appropriates $85,000,000 for administrative contract
expenses and includes language allowing up to an additional
$30,000,000 to be made available for such expenses in certain
circumstances as proposed by both the House and Senate.
Transfers no less than $20,744,000 from administrative
contract expenses under this account to the Working Capital
Fund for the development of and modifications to information
technology systems as proposed by both the House and Senate.
In lieu of the language included in the Senate report
regarding the Asset Control Area program and revitalization
areas, the conferees instead agree to require a report from the
Department on revitalization area designations. The conferees
direct HUD to submit a report no later than February 15, 2004,
to the Committees on Appropriations that describes the criteria
and methodology the Department uses to determine revitalization
areas; lists the communities that have lost their
revitalization area designation since June, 2002; and provides
justification for the changes. The conferees understand that
the Department is currently conducting a review of all
revitalization areas, and expect that this review will be
discussed in the report. The conferees expect that the
Department will continue to recognize communities with high
concentrations of HUD-foreclosed properties as revitalization
areas. The conferees do not concur with the language in the
Senate report regarding the withholding of salary payments to
departmental employees responsible for administering this
program.
The conferees reiterate the guidance and direction
included in the Senate report regarding language included under
administrative provisions to publish a regulation to allow HUD
to preclude certain buyers from purchasing foreclosed
properties during the disposition process.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Establishes a $25,000,000,000 limitation on multifamily
and specialized loan guarantees during fiscal year 2004 as
proposed by the House and the Senate.
Appropriates $15,000,000 for subsidy costs to support
certain multifamily and special purpose loan guarantee programs
as proposed by the House and the Senate.
In lieu of the language in the Senate report regarding
the section 242 hospital insurance program, the conferees note
that legislation was recently enacted that facilitates the
availability of section 242 hospital insurance in states
without a certificate of needprogram. This new authority should
help geographically diversify the section 242 program which will help
ensure the financial soundness of the program. The conferees direct HUD
to report to the Committees on Appropriations no later than August 15,
2004, on its efforts to geographically diversify the hospital insurance
portfolio; assess overall financial risks from the section 242 program
to the insurance fund; assess the importance of the section 242 program
in meeting healthcare facility needs as compared to other public and
private funding options; and any recommendations to improve the section
242 program, including options to reduce the financial risk of the
program. The Department is directed to consult with the Department of
Health and Human Services in developing this report.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriates $10,695,000 for administrative expenses to
be transferred to the salaries and expenses account as proposed
by both the House and the Senate.
Policy Development and Research
RESEARCH AND TECHNOLOGY
Appropriates $47,000,000 for research and technology as
proposed by both the House and Senate.
Includes $7,500,000 for the Partnership for Advancing
Technology in Housing (PATH) initiative, instead of $7,000,000
as proposed by the House and the Senate. The conferees expect
the Department to increase support for manufactured housing
from within the amounts provided for the PATH program to
support continuing research on promising technologies for the
manufactured housing industry.
The conferees reiterate the direction included in the
Senate report denying demonstration authority without prior
congressional approval.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
Appropriates $48,000,000 for this account instead of
$46,000,000 as proposed by the House and $50,000,000 as
proposed by the Senate.
Of this amount, $27,750,000 is for the Fair Housing
Assistance Program (FHAP) and $20,250,000 is for the Fair
Housing Initiatives Program (FHIP). The House proposed
$25,750,000 for FHAP and $20,250,000 for FHIP and the Senate
proposed $30,000,000 for FHAP and $20,000,000 for FHIP.
Office of Lead Hazard Control
LEAD HAZARD REDUCTION
Appropriates $175,000,000 for lead hazard reduction
instead of $130,000,000 as proposed by the House and
$175,000,000 as proposed by the Senate.
The conferees agree to allocate funds as follows:
--$96,000,000 for the lead-based paint hazard control
grant program to provide assistance to State and local
governments and Native American tribes for lead-based paint
abatement in private low-income housing;
--$9,000,000 for Operation LEAP;
--$10,000,000 for technical assistance and support to
State and local agencies and private property owners;
--$10,000,000 for the Healthy Homes Initiative for
competitive grants for research, standards development, and
education and outreach activities to address lead-based paint
poisoning and other housing-related diseases and hazards; and
--$50,000,000 for an initiative to target lead abatement
funds to areas with the highest lead paint abatement needs.
Includes modified language making available $50,000,000
on a competitive basis to those areas with the highest lead
paint abatement needs as determined by the highest number of
pre-1940 units of occupied rental housing, a disproportionately
high number of documented cases of lead-poisoned children, and
an applicant's demonstrated capacity to implement successfully
the proposed uses of the funds. Language is also included
requiring that not less than 90 percent of the funds made
available under this initiative to be used exclusively for
abatement or interim control of lead-based paint hazards, risk
assessments, inspections or temporary relocation. Language is
also included requiring recipients of funds awarded under this
initiative to provide a matching contribution of not less than
25 percent of the total grant award. The conferees believe that
communities with the highest lead paint risk to children must
employ an aggressive approach to lead-based paint abatement,
and suggest that grants made under this new initiative be not
less than $2,000,000. The conferees intend that eligible
recipients of these funds will be units of local government. In
selecting recipients for funding under this initiative, the
Department shall consider the capacity of the applicant to use
the funds provided, including the success of the applicant in
using previously provided Federal dollars for lead-based paint
hazard reduction, as well as the applicant's strategies to
mobilize public and private resources to address this problem.
Grant recipients under this initiative are expected to use
funds for abatement and hazard reduction in privately owned
rental-housing units that serve low-income families with
children under the age of six. Units treated with funds
provided under this initiative must remain available for low-
income residents for at least three years following treatment
of the lead-based paint hazard. The conferees do not intend for
any action taken in this Act to prejudice any ongoing or future
litigation brought against lead pigment manufacturers.
Additionally, no action taken in this Act is intended to
mitigate the responsibility of housing owners to address the
existence of lead-based paint hazards in a timely and
expeditious manner.
The conferees are aware that the Department currently
reserves approximately 80 percent of the current lead-based
paint hazard control grant program funding for allocation to
current grantees or previous grantees, with the remaining 20
percent provided for new grantees. The conferees request that
the Department evaluate this policy to ensure that such
allocation is appropriate to ensure that resources are made
available to communities with the need as well as the capacity
to use such grants. Further, the conferees urge the Department
to consider the total amount of Federal and non-Federal
resources available to address lead-based paint hazards when
allocating funds provided for the current lead-based paint
hazard control grant program.
The conferees encourage the Department to consider a
proposal from the Community Environmental Research Center as
well as proposals on black mold and dissemination of
information to the public and provide funds if appropriate.
However, the Department is reminded that all funds provided
under this heading and in this Act are to be distributed on a
competitive basis in accordance with the requirements set forth
in section 205 under administrative provisions in this title.
Management and Administration
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $1,123,130,000 for salaries and expenses
instead of $1,122,130,000 as proposed by the House and
$1,111,530,000 as proposed by the Senate. Of this amount,
$547,000,000 is provided as a direct appropriation under this
account as proposed by the House instead of $535,400,000 as
proposed by the Senate.
The conference agreement includes language as proposed by
the House directing the Department to allocate funds provided
under this heading in the manner specified in the joint
explanatory statement of the managers accompanying this Act
unless the Committees on Appropriations are notified and
approve of any changes in the operating plan or through a
reprogramming. The Department may reallocate funds and FTEs
between the amounts specified below for these offices only in
accordance with operating plan and/or reprogramming procedures.
Amounts provided are consistent with modifications made by the
Department to the original budget submission to reflect the
revised staffing distribution consistent with the corrective
action plan submitted to the Committees on Appropriations in
response to the significant over-hiring that occurred during
fiscal year 2003. In addition, the conference agreement
includes an increase of $10,000,000 and 75 FTEs for the Office
of Public and Indian Housing to establish a Division of Quality
Assurance for activities associated with the section 8 voucher
program.
The following office and object classifications are to be
used as the basis of any changes in funding and staffing
distributions:
------------------------------------------------------------------------
Office FTE Amount
------------------------------------------------------------------------
Office of Housing............................. 3,483 $323,061,000
Office of Public and Indian Housing........... 1,745 183,209,000
Office of Community Planning and Development.. 834 81,696,000
Office of Policy Development and Research..... 161 21,424,000
Office of Fair Housing and Equal Opportunity.. 669 61,564,000
Office of Healthy Homes and Lead Hazard 38 3,946,000
Control......................................
Government National Mortgage Association...... 70 7,923,000
Departmental Management....................... 189 21,084,000
Center for Faith-Based and Community 8 2,639,000
Initiatives..................................
Office of the Chief Financial Officer......... 248 38,857,000
Office of the General Counsel................. 698 76,007,000
Office of Field Policy and Management......... 530 53,430,000
Office of Administration...................... 732 248,290,000
-------------------------
Total, Management and Administration.... 9,405 1,123,130,000
------------------------------------------------------------------------
Consistent with modifications to the original budget
submission, the object classification distribution, which shall
also serve as the basis for operating plan and reprogramming
changes, is as follows:
Personal Services--$889,234,000
Travel and Transportation of Persons--$20,600,000
Transportation of Things--$550,000
Rent, Communications and Utilities--$135,555,000
Printing and Reproduction--$3,900,000
Other Services--$64,901,000
Supplies and Materials--$4,990,000
Furniture and Equipment--$3,200,000
Indemnities--$200,000
Public and Indian Housing Division of Quality
Assurance.--Includes $10,000,000 and 75 FTEs to establish a
Division of Quality Assurance within the Office of Public and
Indian Housing. The conference agreement establishes this new
division to ensure accurate and timely data regarding the
expenditure and projected future funding requirements for the
section 8 voucher program. The conferees recommend $7,500,000
in Personal Services and $2,500,000 in Other Services object
classifications for this purpose.
Operating Plans/Reprogramming Requirements.--The
conferees appreciate the need for management flexibility to
allocate management and administrative resources or reorganize
offices and programs to address changing requirements at the
departments and agencies funded in the bill, including HUD. To
provide such flexibility, while ensuring appropriate
consultation and oversight, all Departments within the
Subcommittee's jurisdiction are required to submit operating
plans and reprogramming letters and reorganization proposals
for Committee approval. The conferees direct HUD to follow the
Committees' requirements regarding operating plans,
reprogrammings and reorganizations so that the Committees are
kept informed of, and therefore are better able to respond to,
changing requirements at the Department. HUD is reminded that
operating plans or reprogramming requirements apply to any
reallocation of resources totaling more than $500,000 among any
program, project or activity as well as to any significant
reorganization within offices or the proposed creation or
elimination of any program or office, regardless of the dollar
amount involved; and any reorganization, regardless of the
dollar amount involved. Object classification changes above
$500,000 also are subject to operating plan or reprogramming
requirements. Unless otherwise specified in this Act or the
accompanying report, the approved level for any program,
project, or activity is that amount detailed for that program,
project, or activity in the Department's annual detailed budget
justification document. These requirements apply to all funds
provided to the Department. The Department is expected to make
any necessary changes during fiscal year 2004 to its current
procedures and systems to ensure that it is able to meet the
necessary operating plan and reprogramming requirements applied
to other agencies funded in the bill.
Language proposed by the House to require submission of a
staffing plan is not included. The Senate did not propose
similar language. Instead, the conference agreement reiterates
the direction in the Senate report regarding submission of
quarterly reports on hiring.
Language is included as proposed by the House related to
funds control improvements to prohibit any official or employee
from being designated as a funds allotment holder unless the
Office of the Chief Financial Officer (OCFO) has determined
such person has implemented adequate funds control systems and
received appropriate training; requires the OCFO to establish
control of and maintain adequate systems of accounting and
other available funds; and clarifies the point of obligation
for purposes of determining a violation of the Anti-Deficiency
Act. Language is also included as proposed by the House making
a technical correction to the fiscal year 2003 Act regarding
the point of obligation. The conferees reiterate the direction
in the House report regarding the recognition of well-
established appropriations law related to the point of
obligation of funds and joint execution for obligation of funds
when possible. The Senate did not propose similar language.
The conferees have not included the Senate bill language
and the House and Senate report language regarding overall
authority for appropriations law. The conferees are in
disagreement on this matter.
Language proposed by the Senate is not included to
prohibit the Department from paying the salaries (other than
pensions and related costs) of any employees who had
significant responsibility for allocating funding for the over-
leasing of vouchers by public housing agencies. The House did
not include similar language.
Language is included in the bill placing a limitation on
the number of GS-14 and GS-15 employees at the Department as
proposed by the House and the Senate.
The conferees reiterate the direction included in the
Senate report regarding the limitation on non-career employees.
Budget Submission.--The conferees strongly disagree with
the effort to substitute ``performance-based budgeting'' for
the traditional budget structure or otherwise incorporate it
into the budget justification for the Department. The
Department is reminded that the detailed budget justification
books are produced for the Committees on Appropriations in
order to provide the necessary detail on the budget request and
therefore are to be submitted in a manner that the Committees
on Appropriations find most useful to assess funding requests
and program requirements. The supplementary ``performance-based
budget'' document for the Department for fiscal year 2004
attempted to divide the entire Department's budget across six
broad strategic goals such as ``Strengthening Communities'',
``Embrace High Standards of Ethics, Management
andAccountability'', and ``Promote Decent and Affordable Housing''.
This strategic planning document contained minimal information useful
to the Committees to assess the Department's fiscal year 2004 budget
request or funding requirements. Therefore, language is included under
Administrative Provisions requiring the fiscal year 2005 annual budget
justification materials to be submitted in the traditional structure
with sufficient detailed information to satisfy the Committees' needs.
WORKING CAPITAL FUND
Appropriates $235,000,000 for the Working Capital Fund
instead of $240,000,000 as proposed by the Senate and
$90,000,000 as proposed by the House. In addition, the
conference agreement includes $65,156,000 in transfers from the
following accounts to support program-specific information
technology systems as proposed by the House instead of
$64,156,000 as proposed by the Senate:
FHA, Mutual mortgage insurance fund--$20,744,000
FHA, General and special risk insurance fund--
$16,946,000
Community development fund--$4,900,000
HOME investment partnerships program--$2,100,000
Homeless assistance--$2,580,000
Public housing capital fund--$10,610,000
Native American Indian block grants--$2,720,000
Housing certificate fund--$3,010,000
Housing for the elderly--$470,000
Housing for persons with disabilities--$470,000
Interagency Services--$306,000
Office of Inspector General--$300,000
The conferees reiterate the direction included in the
House report on continued development and definition of a five-
year information technology plan consistent with the format
previously provided to the Department and direct such updated
plan be submitted no later than February 1, 2004.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
Appropriates $101,000,000 for the Office of Inspector
General instead of $100,080,000 as proposed by the House and
$102,000,000 as proposed by the Senate. Of this amount,
$24,000,000 is provided by transfer from the various funds of
the Federal Housing Administration as proposed by the House and
the Senate.
CONSOLIDATED FEE FUND
(RESCISSION)
Includes language rescinding remaining balances in the
Fund as proposed by the House and the Senate.
Office of Federal Housing Enterprise Oversight
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $39,915,000 for the Office of Federal
Housing Enterprise Oversight (OFHEO) to be derived from
collections available in the Federal Housing Enterprise
Oversight Fund instead of $32,415,000 as proposed by the House.
The conference agreement provides an additional
$7,500,000 as requested in a budget amendment submitted to the
Congress for one-time costs to conduct special investigations
of the enterprises and for strengthening the examination and
legal functions. Language is included specifying funds for
these requested purposes.
Language is included requiring not less than 60 percent
of the total amount made available under this heading shall be
used only for examination, supervision and capital oversight to
ensure that the enterprises are operating in a financially
sound manner and comply with statutory capital requirements.
Language is also included requiring the Secretary to
submit a spending plan no later than January 15, 2004. The
Secretary is directed to submit a separate plan for the funds
provided for special investigations if such funds are required
prior to the submission of the spending plan.
Administrative Provisions
Includes modified language similar to language proposed
by the House and the Senate regarding the distribution of
certain HOPWA funds.
Includes language requiring all funds to be awarded
competitively except as explicitly provided for in statute as
proposed by the House. The Senate proposed similar language.
Includes modified language similar to language proposed
by the House and the Senate requiring the Department to submit
a spending plan for the use of technical assistance, training,
and management improvement funds provided for in this Act to
the Committees on Appropriations by January 15, 2004.
Includes language as proposed by the House requiring the
Secretary to provide quarterly reports to the Committees on
Appropriations regarding all uncommitted, unobligated,
recaptured and excess funds. The Senate proposed similar
language.
Does not include language proposed by the Senate to
reauthorize the HOPE VI program beyond fiscal year 2004 since
it is the conferees' understanding that authorization
legislation is currently being considered by the relevant House
and Senate committees of jurisdiction. The House did not
include similar language. The conferees support continuing
funding of this program absent an alternative approach to the
revitalization of distressed public housing or other compelling
policy reasons.
Includes language proposed by the Senate requiring the
Secretary to maintain section 8 assistance on certain
properties occupied by elderly or disabled families. The House
did not include similar language.
Includes language proposed by the Senate requiring the
Secretary to submit an annual report to the Committees on
Appropriations regarding the number of Federally-assisted units
under lease and the per unit costs to the Federal government of
such units. The House did not include similar language.
Does not include language to amend section 683(2) of the
Housing and Community Development Act of 1972 to authorize
service coordinators in section 811 projects as proposed by the
Senate. The House did not include similar language.
Includes language proposed by the Senate regarding
interest paid on certain mortgage insurance claims. The House
did not include similar language.
Includes modified language to change the name of the
Interagency Council on the Homeless similar to language
proposed by the Senate. Language proposed by the Senate is not
included to authorize non-reimbursable detailees. The House did
not include similar language.
Does not include language proposed by the Senate to
authorize FHA single-family mortgage insurance to be provided
to sub-prime borrowers at reduced premiums and appraisal
limitations. The House did not include similar language. The
conferees support efforts to assist low-income persons in
repairing negative credit histories where appropriate. However,
the Department needs to stem the escalating default rate in
FHA's single-family mortgage insurance programs before it
assumes new risks posed by persons with credit problems.
Language is included as proposed by the Senate to allow
HUD to participate in the Directory of New Hires program. The
House did not include similar language.
Does not include language to amend section 9 of the
United States Housing Act of 1937 to authorize a new loan-
financing program for public housing authorities as proposed by
the Senate. The House did not include similar language.
Does not include language to amend the McKinney-Vento Act
to raise the salary cap for the Executive Director of the U.S.
Interagency Council on Homelessness from the current Executive
Level V to Executive Level III. The House did not include a
similar provision.
Includes language proposed by the Senate to authorize the
Department to allocate CDBG non-entitlement funds to localities
in the State of Hawaii should the State fail to elect to
administer such funds by July 31, 2004. The House did not
include a similar provision.
Includes language proposed by the Senate to amend the
purposes of a grant related to Hollander Ridge in Baltimore,
Maryland. The House did not include a similar provision.
Includes language proposed by the Senate requiring the
Secretary to conduct negotiated rulemaking for purposes of
changes to the formula governing the public housing operating
fund and requires a final rule to be issued no later than July
1, 2004. The House did not include similar language.
Includes new language allowing the Secretary to maintain
and dispose of certain elderly and disabled projects upon
foreclosure. Neither the House nor Senate included similar
language.
Includes new language requiring the Department to submit
its fiscal year 2005 budget justification to the Committees on
Appropriations in the traditional budget structure rather than
in a ``performance-based budget'' structure and in accordance
with the terms and conditions specified below. For the last
three years, the conferees have expressed concerns regarding
the adequacy of the Department's annual budget justification to
the Committees on Appropriations. While improvements have been
made, the fiscal year 2004 budget justification provided
insufficient information to meet the Committees' requirements.
For example, the Department's fiscal year 2004 justification
contained less than 13 pages of information for programs
representing over half of the Department's entire budget. The
Department is directed to develop and present the fiscal year
2005 budget justification in the traditional budget structure,
delineated by appropriation account, providing detailed
information on the prior year, current year, and requested
funding levels for each program, project, or activity funded
within each account; a detailed narrative description of each
program, project, or activity; and any proposed changes to such
program, project, or activity. Object classification displays
are to be included as supplements, not substitutes, to detailed
displays of funding provided in prior years and requested in
fiscal year 2005 for each program, project, or activity within
each account. Within the justification materials for the
Management and Administration account, the Department is to
continue to delineate prior year, current year, and requested
positions, FTEs, and funding levels for each program within
each office, delineated by headquarters and field office
components and as compared to the Department's workload
staffing model (REAP). Such materials shall include a detailed
justification for any proposed staffing changes among such
offices.
TITLE III--INDEPENDENT AGENCIES
American Battle Monuments Commission
SALARIES AND EXPENSES
Appropriates $41,300,000 for salaries and expenses
instead of $47,276,000 as proposed by the House and $35,000,000
as proposed by the Senate. The conferees have not included a
provision proposed by the House which would have delayed the
availability of $10,000,000 until September 1, 2004.
The amount provided includes $9,000,000 for the Normandy
Interpretive Center. The conferees note that approximately
$9,000,000 in additional funding will be required to complete
the Center and expect this amount to be included in the fiscal
year 2005 budget submission.
Chemical Safety and Hazard Investigation Board
SALARIES AND EXPENSES
Appropriates $8,250,000 instead of $8,550,000 as proposed
by the House and $8,000,000 as proposed by the Senate. The
conferees have not included language providing $2,500,000 of
this amount to be available for two fiscal years as proposed by
the Senate.
The conferees encourage the Board to work with the
Department of Homeland Security to develop a Memorandum of
Understanding (MOU) regarding the Board's specific duties to
protect from and respond to terrorist acts on chemical and
related industrial plants. The Board is directed to update the
Committees on Appropriations by June 30, 2004 on progress made
towards developing a MOU.
Modifies language proposed by the Senate regarding
financial statements to be prepared by the Chief Operating
Officer of the Board in accordance with the Accountability of
Tax Dollars Act of 2002. The IG shall submit to the Chief
Operating Officer of the Board a report on the audit not later
than November 15th of the fiscal year for which a statement was
prepared.
The conferees have included language and funding under
the Environmental Protection Agency (EPA), Office of Inspector
General designating the Inspector General of EPA to serve as
the Inspector General of the Chemical Safety and Hazard
Investigation Board. The duties of the Inspector General shall
be those outlined in the Inspector General Act of 1978, as
amended. As these duties are not supervisory or directive in
nature, the independence of the Board remains as specified in
the Board's authorizing statute.
EMERGENCY FUND
Provides $450,000 for an Emergency Fund as proposed by
the House.
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM ACCOUNT
Appropriates $61,000,000 for the community development
financial institutions fund program account, instead of
$51,000,000 as proposed by the House and $70,000,000 as
proposed by the Senate.
Includes $4,000,000 for technical assistance designed to
benefit Native American communities instead of $3,000,000 as
proposed by the House and $5,000,000 as proposed by the Senate.
Provides $12,000,000 for administrative expenses as
proposed by the Senate instead of $13,000,000 as proposed by
the House.
Provides for a cost limitation on direct loans of
$6,000,000 with $250,000 for administrative expenses as
proposed by both the House and Senate.
Provides for a limitation on the amount of direct loans
of $11,000,000 as proposed by both the House and Senate.
The conferees direct the Fund to submit an update to its
5-year strategic plan to the Committees on Appropriations of
the House and Senate that outlines its effort to improve the
economic needs of Native Americans. The report is to be
submitted by April 20, 2004.
The conferees agree with the Senate direction that the
CDFI Fund make funds for financial assistance available to
CDFIs regardless of their size and to continue the Small and
Emerging CDFI Assistance program. Additionally, the conferees
direct the CDFI Fund to restore out-migration and population
loss as criteria in determining Investment Areas for fiscal
year 2004.
Consumer Product Safety Commission
SALARIES AND EXPENSES
Appropriates $60,000,000 as proposed by the House and the
Senate.
Corporation for National and Community Service
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $553,225,000 for national and community
service programs operating expenses. The House proposed
$363,452,000 to fund the operating expenses and salaries and
expenses, but not the Trust, which was funded under a separate
heading. The Senate proposed $452,575,000 to fund the operating
expenses and the Trust, but not salaries and expenses, which
were funded under a separate heading. This conference agreement
mirrors the account structure of the Senate.
Appropriates $314,000,000 for AmeriCorps*State and
National grants (authorized under subtitle C) and education
award only grants (authorized under subtitle H), plus an
additional $130,000,000 for the Trust. The House proposed
$244,352,000 for grants plus $110,000,000 appropriated under a
separate account for the Trust. The Senate proposed a lump sum
of $340,000,000 to fund both grants and the Trust. The
conference agreement allows for education award only grants to
be funded from this same authority as proposed by both the
House and the Senate.
Within the amount provided for AmeriCorps*State and
National grants, the conferees have provided up to $55,000,000
for national direct grants.
The conferees strongly urge the Corporation to develop
separate application guidelines for professional corps that
recognize the unique challenges inherent in building service
corps of full-time professionals.
The conference agreement transfers not less than
$130,000,000 to the Trust, of which $5,000,000 is to support
national service scholarships to high school students and
$10,000,000 is to be held in reserve as required by the
Strengthen AmeriCorps Program Act. The Trust funds the
education awards for members who successfully complete their
commitments in the three AmeriCorps programs: AmeriCorps*State
and National, AmeriCorps*NCCC and AmeriCorps*VISTA (the latter
of which is appropriated under a different appropriations Act).
The conference agreement includes language which allows for the
transfer of sums from AmeriCorps*State and National grants to
the Trust in order to ensure sufficient funding for education
award commitments. The conference agreement assumes the
Corporation will provide up to 40 percent of its grant awards
as education award only grants. The conferees direct the
Corporation to include in its Operating Plan the number of
members, both FTE and total number of volunteers this funding
level will support, as well as the specific program mix of
education award only and stipend grants. The conference
agreement does not include a cap on the number of members
enrolled in the Trust.
The conferees expect that the Corporation will offer any
individual selected for enrollment or re-enrollment as an
AmeriCorps*VISTA member the option of receiving an education
award.
The conferees also expect that the Corporation will
ensure that all continuation grants, through which the
Corporation has made multi-year commitments, are funded prior
to funding new grants, provided the grantees are in compliance
with all requirements.
The conference agreement includes $12,000,000 for state
commission administration as proposed by the Senate instead of
$13,000,000 as proposed by the House. The conferees direct the
Corporation to address the management problems of the state
commissions as identified by the Inspector General.
Provides $10,000,000 to the Points of Light Foundation,
of which up to $2,500,000 may be used for an endowment as
proposed by both the House and the Senate.
The conference agreement also includes $5,000,000 for
America's Promise, as proposed by both the House and the
Senate.
The conference agreement does not include funding for the
Promise Fellows program. The 2004 budget request included
$4,900,000 for this program. However, the Corporation was able
to allocate funding for the proposed 2004 program from fiscal
year 2003 funds carried over into fiscal year 2004 in order to
complete the program.
Provides funding for AmeriCorps*National Civilian
Community Corps of $25,000,000 as proposed by the Senate
instead of $24,000,000 as proposed by the House.
Limits funding for Learn and Serve grants (authorized by
subtitle B) for school-based and community-based service
learning programs to $43,000,000 as proposed by the Senate,
instead of $40,000,000 as proposed by the House.
Limits funding for subtitle H grants, innovation,
demonstration and assistance activities, to $11,225,000 instead
of $14,575,000 as proposed by the Senate and $6,100,000 as
proposed by the House. The conferees have provided $500,000 for
Martin Luther King Jr. Day grants; $725,000 for the Service
Learning Clearinghouse and Exchange; $2,000,000 for training
and technical assistance; $1,000,000 for next generation
grants; and $4,000,000 for disability programs.
The conferees have provided $3,000,000 for challenge
grants and direct the Corporation to comply with the funding
requirements of this program as included in House Report 108-
10.
The conference agreement provides $3,000,000 for audits
and evaluations, of which $2,000,000 is to assist grantees with
the development of their performance measures, and $1,000,000
is for a National Academy of Public Administration study as
directed in Senate Report 108-143. The conferees further direct
the Corporation to provide detailed funding levels and
descriptions for each initiative under subtitle H in its
Operating Plan and future budget request materials.
The conferees have included bill language, identical to
language that has been included in previous conference reports,
regarding Federal costs per participant. The conferees direct
the Corporation to report within 90 days of enactment on how
the Corporation has complied with this directive. The conferees
further direct that future efforts to reduce Federal costs per
participant should target administrative and overhead costs,
not volunteers' stipends.
The conference agreement does not include specific
proposals by the Senate to increase matching requirements. The
conferees, however, would expect that larger, well-established
partners of the Corporation should be able to better leverage
their Federal funding so that a greater percentage of their
operating expenses would come from other than Federal sources.
The conferees direct the Corporation to undertake public notice
and comment rulemaking, should the Corporation propose to
revise the matching funds requirements contained in the grant
competition guidelines, for those longstanding partners which
have received significant funding from the Corporation in many
successive years. Further, the Corporation is directed to
collect information on the grantees which receive more than
$500,000 annually from the Corporation and the amount of other
Federal and non-Federal funds the recipients have leveraged and
make the information available if requested.
Reiterates language proposed by the House directing the
Corporation to review thoroughly its grant programs and
financial systems, and submit a report not less than 90 days
after enactment of this Act detailing a plan for reform and
accountability.
Modifies language proposed by the Senate directing the
Corporation to comply fully with the recommendations of the
Inspector General Audit Report of July 24, 2003, by directing
the Corporation to prohibit expenditures until the Inspector
General certifies that substantial compliance has been
achieved.
Reiterates language proposed by both the House and the
Senate regarding reports submitted to the Committees on
Appropriations detailing the enrollment levels of the various
AmeriCorps programs and the financial status of the Trust to be
submitted monthly.
The conferees encourage the Corporation to consider a
change to the grant cycle so that grant awards can be made to
recipient organizations before the organization recruits
members to fill awarded slots.
The conferees direct the Corporation to undertake public
notice and comment rulemaking to develop a definition of
sustainability.
The conferees direct that future budget requests should
not include funding for programs, agencies or operations
outside of the jurisdiction of this Act. Instead, the
Administration should request those funds from the appropriate
subcommittee of the Committees on Appropriations, or request
appropriate transfer authority.
SALARIES AND EXPENSES
Appropriates $25,000,000 for salaries and expenses
associated with the administrative activities of the
Corporation as proposed by the Senate. The House included
funding under the operating expenses account.
Of the amount provided the conference agreement assumes:
$18,300,000 for salaries and benefits; $400,000 for travel;
$2,300,000 for technology; $2,000,000 for administrative
expenses; and $2,000,000 for the Office of the Chief Financial
Officer.
The conferees agree that decisions and ultimate
responsibility for determining pay increases and performance
bonuses belong to the Chief Executive Officer (CEO) of the
Corporation. However, the conferees prohibit the CEO from
approving bonuses and salary increases for senior managers
unless the Inspector General certifies that all recommendations
from the July 24, 2003, Inspector General report have been
implemented.
The conferees remind the Corporation of the reporting
requirements set forth at the beginning of this division. The
conferees agree that for fiscal year 2004, the Corporation must
report to and receive approval from the Committees on
Appropriations on any reprogramming request in excess of
$100,000. Various reporting requirements listed in both the
House report and the Senate report must be fulfilled with the
submission of the fiscal year 2004 operating plan unless
otherwise noted. Further, the conferees direct the Corporation
to provide better, detailed information in the budget request
for all CNCS accounts regarding planned and on-going
activities, the costs of those activities, and the expected
results.
The conferees expect that the funding provided will
support all of the Corporation's current employees, including
those whom the Corporation has previously funded within
subtitle H funds, including National Senior Service Corps
recruitment employees.
The conferees reiterate report language proposed by the
Senate regarding the Alternative Personnel System.
OFFICE OF INSPECTOR GENERAL
Appropriates $6,250,000 for Office of Inspector General,
instead of $6,000,000 as proposed by the House and $6,500,000
as proposed by the Senate.
Retains report language proposed by the Senate directing
the Inspector General to audit AmeriCorps*State and National
grantees which are in the top ten percent of receiving the most
grant funds.
ADMINISTRATIVE PROVISIONS
Retains the two administrative provisions proposed by
both the House and Senate regarding qualified student loans
eligible for education awards and the availability of funds for
the placement of volunteers with disabilities.
Inserts a new administrative provision, which was
proposed by the Senate under the national and community service
programs operating expenses account. The conference agreement
includes modified language directing the Inspector General to
levy sanctions in accordance with standard Inspector General
audit resolution procedures, which include, but are not limited
to, debarment of any grantee found to be in violation of
AmeriCorps program requirements, including using funds to lobby
the Congress.
The conference agreement includes a new administrative
provision proposed by the Senate as a general provision
requiring the Corporation to ensure 1) that significant changes
to program requirements or policy are made only through public
notice and comment rulemaking; and 2) the integrity of the
grant selection process.
U.S. Court of Appeals for Veterans Claims
SALARIES AND EXPENSES
Appropriates $15,938,000 for salaries and expenses as
proposed by the House instead of $16,220,000 as proposed by the
Senate. Both the House and the Senate provided $1,175,000 for
the pro bono program.
DEPARTMENT OF DEFENSE--CIVIL
Cemeterial Expenses, Army
SALARIES AND EXPENSES
Appropriates $29,000,000 for salaries and expenses
instead of $25,961,000 as proposed by the House and $32,000,000
as proposed by the Senate, and provides $1,000 for official
representation expenses.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
Appropriates $78,744,000 as proposed by the Senate
instead of $80,000,000 as proposed by the House.
Agency for Toxic Substances and Disease Registry
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
Appropriates $73,467,000 for toxic substances and
environmental public health as proposed by both the House and
Senate. This funding is to be derived from the Superfund Trust
Fund to the extent resources are available. Any remaining
requirements will come from the General Treasury.
Environmental Protection Agency
The conference agreement includes $8,411,469,000 for
programs administered by the Environmental Protection Agency.
This is an increase of $332,765,000 over the level provided in
fiscal year 2003.
SCIENCE AND TECHNOLOGY
Appropriates $786,324,000 for science and technology
instead of $759,815,000 as proposed by the House and
$715,579,000 as proposed by the Senate. The conference
agreement includes language which allows the EPA Administrator
to certify a grant in a prior year Appropriations Act to San
Bernardino, California.
The conferees have agreed to specific Agency program
levels as follows:
1. $7,000,000 for Communicating Research Information;
2. $35,000,000 for Particulate Matter;
3. $32,000,000 for Research to Support Emerging Issues;
4. $9,750,000 for the STAR Fellowship program;
5. $11,700,000 for small systems arsenic removal
research.
The conferees have agreed to the following increases
above the budget request:
1. $2,500,000 for EPSCoR;
2. $4,000,000 for the Water Environmental Research
Foundation;
3. $5,000,000 for the American Water Works Association
Research Foundation;
4. $2,000,000 for the National Decentralized Water
Resource Capacity Development Project, in coordination with
EPA, for continued training, research and development;
5. $500,000 to the University of California, Riverside
for development of vehicle emissions measurement technology and
improved models for assessing the effectiveness of new
technologies and control strategies at the College of
Engineering--Center for Environmental Research and Technology
(CE-CERT) facility;
6. $1,500,000 to California State University, Fresno for
the International Center for Water Technology;
7. $100,000 to California State University, Fullerton to
enhance ongoing research related to water hazard mitigation;
8. $750,000 for the University of South Florida Study,
Protection and Amelioration of Coastal Environments;
9. $250,000 to the University of Miami National Center
for Caribbean Coral Reef Research;
10. $850,000 to the Metropolitan Mayors Caucus for
Chicago, Illinois for the Clean Air Counts Campaign;
11. $500,000 to Western Michigan University in Kalamazoo,
Michigan for the Great Lakes Center for Environmental and
Molecular Science;
12. $1,375,000 for the National Center for Manufacturing
Sciences in Ann Arbor, Michigan for assisting EPA in meeting
the Strategic Goals Program in the metal finishing sector;
13. $700,000 to the University of North Carolina at
Chapel Hill for a Green Chemical Manufacturing and Processing
research program;
14. $200,000 for turfgrass research centers at the
University of Georgia and North Carolina State University to
develop turfgrass management strategies;
15. $500,000 for the State of New Jersey pilot and
demonstration project for further development of proven,
affordable, and effective dredge contaminant reduction
technologies;
16. $250,000 to LaGuardia Community College, New York for
research related to environmental impacts on minority women
throughout Queens and the Bronx;
17. $300,000 to Alfred University for the Center for
Environmental and Energy Research;
18. $250,000 to New York University for the South Bronx
Air Pollution Study;
19. $8,775,000 for the Environmental Systems Center of
Excellence at Syracuse University for research and technology
transfer in the fields of indoor environmental quality and
urban ecosystems sustainability;
20. $1,000,000 to the Syracuse Research Corporation in
Syracuse, New York, for the continuation of environmental
research at its Probability Risk Assessment Center;
21. $750,000 for the Consortium for Plant Biotechnology
Research;
22. $200,000 for the National Environmental Technology
Incubator at Central State University for technology transfer
and commercialization activities;
23. $900,000 for the Integrated Petroleum Environmental
Consortium;
24. $750,000 for the Integrated Public/Private Energy and
Environmental Consortium (IPEC) to develop cost-effective
environmental technology, improved business practices, and
technology transfer for the domestic petroleum industry;
25. $250,000 to the Overbrook Environmental Educational
Center--a community based Technology and Literacy center, with
a primary focus on environmental exploration and educational
services--for environmental protection and conservation efforts
at the center's on-site Green Roof and Bio-lab;
26. $350,000 to the University of South Carolina for a
geologic study for uranium groundwater contamination;
27. $200,000 for Middle Tennessee State University for
research on cedar glades;
28. $2,000,000 for the Mickey Leland National Urban Air
Toxics Research Center in Houston, Texas;
29. $1,000,000 for the University of Texas Learning and
Computation Center;
30. $250,000 for the Texas Institute for Environmental
Assessment and Management at the University of North Texas,
Denton for watershed research;
31. $1,700,000 for the Canaan Valley Institute to
continue to develop a regional sustainability support center
and coordinated information system in the Mid-Atlantic
Highlands;
32. $1,000,000 for the Canaan Valley Institute in close
coordination with the Regional Vulnerability and Assessment
(ReVA) initiative and ORD Re+ program to demonstrate, validate
and report on critical ecological hubs and corridors within the
Mid-Atlantic Highlands and approaches to Highlands ecological
prioritization, restoration and conservation. Research and
educational tools are to be developed using integrative
technologies to predict future environmental risks and support
informed, proactive decision-making to be undertaken in
conjunction with the Highlands Action Program;
33. $250,000 for the Carnegie Mellon University Green
Chemistry Initiative;
34. $200,000 to the City of Saltillo, Mississippi, for
demonstration of new wastewater disinfection technologies;
35. $500,000 for the New England Green Chemistry
Consortium;
36. $1,000,000 for the National Environmental Respiratory
Center at the Lovelace Respiratory Research Institute;
37. $3,900,000 for the Mine Waste Technology Program at
the National Environmental Waste Technology, Testing, and
Evaluation Center;
38. $500,000 for the Center for the Study of Metals in
the Environment;
39. $1,200,000 for the Center for Air Toxic Metals at the
Energy and Environmental Research Center;
40. $1,500,000 for the Connecticut River Airshed-
Watershed Consortium;
41. $250,000 for acid rain research at the University of
Vermont;
42. $100,000 for the University of Vermont's Proctor
Maple Research Center to continue mercury deposition monitoring
effects;
43. $100,000 for the University of Vermont's land use
mapping initiative;
44. $200,000 for the Vermont Department of Agriculture to
work with conservation districts and local communities to
reduce nonpoint source run-off in the Allen Brook watershed;
45. $425,000 for the Southwest Clean Air Quality Agency's
Columbia Gorge Air Quality Technical Foundation Study;
46. $400,000 for the Clark County Department of Air
Quality Management/Desert Research Institute in Nevada for the
ozone transport monitoring project;
47. $400,000 to demonstrate containment and disposal
technologies associated with the Arnold Heights project in
California;
48. $425,000 for Southeastern Louisiana University for
the Turtle Cove research station;
49. $1,000,000 for the National Jewish Medical and
Research Center in Colorado;
50. $300,000 for Utah State University for monitoring and
assessment activities related to freshwater ecosystems;
51. $1,000,000 for the Houston Advanced Research Center
and the University of Texas Air Quality Study;
52. $1,000,000 for the University of South Alabama for
the Center for Estuarine Research;
53. $2,000,000 for an air quality program for Anchorage,
Alaska;
54. $800,000 for Ohio University's Air Quality Center to
develop an advanced modeling program on air quality issues in
the Ohio River valley region;
55. $1,000,000 to the Donald Danforth Plant Science
Center in Missouri for a Parasitic Nematode Controls research
project;
56. $500,000 to the Donald Danforth Plant Science Center
in Missouri for the development of technologies for
environmental phytoremediation and the development of
technologies for extending the environmentally safe use of
biotechnology for phytoremediation, and for the production of
novel materials and compounds in plants;
57. $800,000 for Montec Research in Butte, Montana to
research pilot scale enzyme catalyzed processes;
58. $750,000 for the Frank M. Tejeda Center for
Excellence in Environmental Operations at Texas A&M;
59. $800,000 for the University of Northern Iowa for new
environmental technologies for small businesses;
60. $1,000,000 for the Alabama Department of
Environmental Management for the Alabama Water and Wastewater
Training Program;
61. $1,000,000 for the Desert Research Institute for
western Nevada regionally-based clean water activities;
62. $150,000 for Texas State University at San Marcos
International Institute for Sustainable Water Resources.
The conferees are fully supportive of the collaborative
partnership of the EPA and the National Institutes of Health in
their system of Centers for Children's Environmental Health and
Disease Prevention Research. The conferees direct that EPA
continue to support a competitive system of not less than
twelve such centers and that it maintain the average level of
funding for each center at not less than the historic level of
approximately $500,000 for direct costs.
From within amounts transferred to ``Science and
Technology'' from ``Hazardous Substance Superfund'', the
conferees direct that funding for the Gulf Coast Hazardous
Substance Research Center continue at no less than the fiscal
year 2003 level.
The conferees continue to support the partnership between
the EPA and the National Technology Transfer Center and direct
that the Agency continue the cooperative agreement at the
fiscal year 2001 funding level.
The conferees direct EPA to contract with the National
Academy of Sciences within 60 days of enactment for two
separate studies: (1) a study on the health risks to children
from residential lead contamination, as proposed by the Senate;
and (2) a study of health, safety, and environmental risks of
coal combustion wastes used for reclamation in active and
abandoned mines.
The conferees are aware of the progress being made by the
Agency through its Climate Protection Program: Transportation
program on the development of clean, cost effective, and high
fuel efficiency engine and powertrain technologies. The
conferees direct that the Agency continue to fund the clean
automotive technology program on advanced hybrid vehicles,
extremely clean diesel technologies, and advanced gasoline
engine concepts at levels sufficient to complete this work in
fiscal year 2004.
The conferees are aware that EPA released its draft risk
assessment of Chromated Copper Arsenate (CCA)-treated play sets
and decks on November 12, 2003, and is seeking the advice of
its Science Advisory Panel (SAP) regarding this probabilistic
assessment of cancer risk. The conferees understand that this
risk assessment is scheduled for a final release later this
year following the SAP review. The conferees are aware that
EPA--in conjunction with industry and other stakeholders--has
developed a draft biomonitoring study protocol consistent with
SAP recommendations and intends to complete a biomonitoring
study by October 2004. This study will provide additional
information on CCA risk. Once this biomonitoring study is
complete, the conferees expect that EPA will make any
appropriate changes to the final risk assessment and re-issue
the assessment accordingly.
The conferees are aware of the Florida Area Coastal
Environmental (FACE) Initiative to identify and investigate the
sources of nutrients, trace metals, and unregulated substances
entering the coastal waters of Florida. This initiative's
participants include local, state, and federal agencies and the
Florida university community led by the University of South
Florida Department of Marine Science and the University of
Miami's Center for Marine Ecosystem Science and Policy. The
conferees direct EPA to report back to the Committees on
Appropriations by March 1, 2004, on progress toward
implementation of the FACE program.
The conferees are encouraged by new technology that has
the potential to eliminate contaminating microorganisms from
water, and ultimately reducing and halting the spread of
disease through contaminated water. The conferees commend the
efforts of EPA to bring this technology to bear upon current
water treatment and purification problems, and strongly
encourage EPA to continue to foster this technology.
The conferees are aware of promising developments in idle
reduction technologies, including advanced truck stop
electrification. The conferees urge the Agency to fund
demonstration pilots of this technology as part of its SmartWay
Transport program.
The conferees encourage EPA to use and expand programs at
Historically Black Colleges and Universities to leverage
available resources in existing programs for capacity building
and coordinated research to broaden the base of quality water
resource centers throughout the country.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
Appropriates $2,293,578,000 for environmental programs
and management instead of $2,193,102,000 as proposed by the
House and $2,219,659,000 as proposed by the Senate.
The conferees have agreed to specific Agency program
levels as follows:
1. $24,500,000 for the National Estuary Program;
2. $22,800,000 for the Chesapeake Bay Program, including
$2,000,000 for Chesapeake Bay small watershed grants;
3. $2,500,000 for the Lake Pontchartrain Basin
Restoration Program;
4. $2,300,000 for the Long Island Sound Program Office;
5. $2,455,000 for the Lake Champlain Basin program;
6. $5,750,000 for Environmental Justice programs;
7. $115,000,000 for Management Services and Stewardship;
8. $35,000,000 for Regional Management;
9. $32,000,000 for Information Technology Management;
10. $15,000,000 for Data Standards;
11. $23,000,000 for Data Management;
12. $16,473,000 for Geospatial;
13. $33,500,000 for Regulatory Development;
14. $14,000,000 for RCRA Waste Reduction;
15. $10,000,000 for the Great Lakes Legacy Act;
16. $43,000,000 for Drinking Water Implementation;
17. $26,000,000 for Drinking Water Regulations;
18. $8,976,000 for Direct Public Information and Access;
19. $27,500,000 for Brownfields administration;
The conferees have agreed to the following increases to
the budget request:
1. $5,400,000 for the Office of Enforcement and
Compliance Assurance for personnel and associated costs;
2. $2,000,000 for EPA Region 10 for environmental
compliance;
3. $1,000,000 to the Office of Enforcement and Compliance
Assurance for enforcement of the bilateral agreement between
the U.S. and Canada concerning the transboundary movement of
municipal solid waste;
4. $9,160,000 for EPA Environmental Education;
5. $18,900,000 for rural water technical assistance
activities and groundwater protection with distribution as
follows: $10,000,000 for the NRWA; $4,000,000 for RCAP, to be
divided equally between assistance for water programs and
assistance for wastewater programs; $750,000 for GWPC;
$2,000,000 for Small Flows Clearinghouse; $1,000,000 for the
NETC; and $1,150,000 for the WSC Wellcare Program;
6. $1,000,000 for the National Biosolids Partnership
Program;
7. $2,000,000 for source water protection programs;
8. $5,000,000 for a cost-shared grant program to school
districts for necessary upgrades of their diesel bus fleets;
9. $4,000,000 for grants to interested States to
establish a long-term ambient monitoring and assessment
framework at relevant geographic scales to support all water
quality management objectives;
10. $3,000,000 for EPA's National Computing Center to
provide for the remote mirroring of all critical information
and related systems to achieve a Continuance of Operations
(COOP)/Disaster Recovery capability;
11. $5,000,000 for America's Clean Water Foundation for
implementation of on-farm environmental assessments for
livestock operations;
12. $1,500,000 to support and implement the Highlands
Action Program (HAP) of the Agency, including, but not limited
to, federal personnel and related costs;
13. $250,000 to the City of Prichard, Alabama for a
comprehensive water and wastewater improvement study;
14. $500,000 for the Central California Ozone Study;
15. $200,000 to the San Joaquin Valley Air Pollution
Control District, California for its Operation Clean Air public
education program;
16. $300,000 to the Golden Gate National Parks
Conservancy, California and National Park Service for shoreline
and habitat restoration;
17. $750,000 to the Santa Clara Valley Water District in
California for groundwater remediation;
18. $2,500,000 for the Southwest Center for Environmental
Research and Policy;
19. $300,000 to the Florida Department of Agriculture and
Consumer Services for its Reclaimed Rainwater Irrigation
Project to demonstrate nonpoint source pollution prevention;
20. $1,200,000 to Florida Gulf Coast University for the
Institute of Coastal Watershed Studies;
21. $2,000,000 for Osceola County, Florida to treat
invasive plants (Hydrilla and Hygophila) in the County's
watershed and drainage system;
22. $100,000 for development and implementation of the
Georgia Water Planning and Policy Center, Offset Banking Water
Quality Improvement program;
23. $400,000 to the Georgia Environmental Training and
Education Authority for a lagoon waste management demonstration
program;
24. $175,000 to Cerro Gordo County, Iowa for continuation
of the initiatives related to the Clear Lake Restoration
Project;
25. $200,000 to Storm Lake, Iowa for the Storm Lake Water
Quality Project;
26. $100,000 to the Palouse Basin Aquifer Committee for
monitoring programs and pilot studies on how to stabilize the
deep aquifer water levels and ensure a long-term water supply
for the Palouse region serving the Cities of Moscow, Idaho and
Pullman, Washington, the University of Idaho, Washington State
University and the surrounding areas in Latah County, Idaho and
Whitman County, Washington;
27. $300,000 for the Selenium Information System Project
at the Idaho National Engineering and Environmental Laboratory;
28. $500,000 to the State of Idaho for Producers Supply
Co-op to carry out a program of environmental response for fuel
contamination cleanup;
29. $2,000,000 for the Coeur d'Alene Basin Commission to
continue a pilot program for environmental response, natural
resource restoration and related activities;
30. $1,500,000 to Boise State University for research
projects aimed at developing and demonstrating multi-purpose
sensors to detect and analyze contaminants and time-lapse
imaging of shallow subsurface fluid flow;
31. $600,000 to the Illinois Environmental Protection
Agency for the Fox River Watershed Management Program;
32. $1,450,000 for the Olmsted Parks Conservancy for a
regional watershed demonstration in the Louisville, Kentucky
Olmsted Parks;
33. $1,550,000 for the Louisville Waterfront Development
Corporation, a non-profit corporation in Kentucky, for a
riverbank stabilization project to demonstrate pollution run-
off reduction strategies;
34. $400,000 for Red River Watershed Management Institute
at Louisiana State University-Shreveport for research,
education, and community service/outreach related to watershed
management in the area drained by the Red River and its
tributaries;
35. $200,000 for St. Mary's College, Maryland for the
River and Lands Institute;
36. $175,000 to Oakland County, Michigan for the Clinton
River Watershed Initiative including watershed research and
modeling, creation of a web-based database on stream flow and
water quality, bacterial source tracking, and outreach
activities;
37. $1,000,000 for the Oakland County Drain Commission,
Michigan for water and sewerage infrastructure management and
planning;
38. $125,000 for the Hypoxia Education and Stewardship
Project in Kansas City, Missouri;
39. $250,000 for Wake County, North Carolina for a
groundwater protection program;
40. $1,000,000 for the North Carolina Rural Economic
Development Center to develop a statewide Water and Wastewater
Assessment, Management and Security Initiative;
41. $850,000 for continued support of a North Carolina
Central University research initiative to assess environmental
exposure and impact in communities of color and economically
disadvantaged communities;
42. $175,000 to the University of Nebraska, Lincoln for
development of a large-scale, system-level mathematical model
of critical water resources in western Nebraska;
43. $100,000 to the State of New Jersey for the New
Jersey Geographic Information System Smart Growth Program;
44. $200,000 for Monmouth University, New Jersey, for the
Center for Coastal Watershed Management to promote watershed
research and education;
45. $300,000 to the Rutgers Noise Technical Assistance
Center at the State University of New Jersey to conduct a study
of environmental noise from interstate freight railroad
operations in Teaneck, New Jersey;
46. $100,000 for the Peconic Estuary Program Office in
Riverhead, New York for implementation of a Comprehensive
Conservation and Management Plan;
47. $150,000 in technical assistance grants to Washington
County, Rensselaer County, and Saratoga County, New York, for
Hudson River stewardship programs;
48. $200,000 to Orange County, New York for a county-wide
water analysis;
49. $200,000 to Madison County, New York for the landfill
gas to energy project;
50. $200,000 for Columbia University in New York City,
New York for education and training related to ongoing
biomedical research on environmentally induced cancers and
immunological responses, at the Audubon Biomedical Science and
Technology Park;
51. $250,000 to Wayne County, New York for the
development of a Sodus Bay comprehensive watershed management
plan;
52. $250,000 to the Center for Environmental Information
in Rochester, New York for planning, research and environmental
analysis for a Lake Ontario coastline remediation and
restoration initiative;
53. $300,000 for the NADO (National Association of
Development Organizations) Research Foundation for
environmental training and information dissemination related to
rural brownfields, air quality standards and water
infrastructure;
54. $350,000 to the State University of New York
Environmental School of Forestry for research and demonstration
of contaminant mitigation strategies for rural/suburban run-off
affecting water quality along the rural-urban interface in
Central New York watersheds;
55. $350,000 to the State University of New York
Environmental School of Forestry for an Onondaga Creek habitat
restoration demonstration initiative;
56. $750,000 to Cortland County, New York for continued
work on the aquifer protection plan, of which $350,000 is for
continued implementation of the comprehensive water quality
management program in the Upper Susquehanna Watershed;
57. $1,500,000 for continued work on water management
plans for the Central New York Watersheds in Onondaga and
Cayuga counties;
58. $500,000 for Springfield, Ohio for environmental
restoration activities;
59. $250,000 to Children's Hospital of Philadelphia
(CHOP) Community Asthma Prevention program to increase
awareness of environmental asthma triggers in the homes of
families in Philadelphia;
60. $500,000 to the Caribbean American Mission for
Education Research and Action (CAMERA) in support of their
youth environmental stewardship and education program;
61. $200,000 to the National Energy Technology Center for
the Monogahela River Mine Pool Study in Northwestern West
Virginia and Southwestern Pennsylvania;
62. $500,000 to the City of Philadelphia, Pennsylvania,
for lead screening, testing, outreach and education throughout
the public school system;
63. $750,000 to Environment and Sports Inc., a nonprofit
organization, for an environmental and awareness program;
64. $1,500,000 to the American Cities Foundation for the
Neighborhood Environmental Action Team program and other
community environmental efforts;
65. $250,000 to the Brazos River Authority for the
Brazos/Navasota Watershed Management project;
66. $50,000 to Frederick County, Virginia for a water
resources study in the counties of Frederick, Warren, Clark and
Shenandoah in Virginia and Berkley County in West Virginia;
67. $200,000 to Loudoun County, Virginia for development
of a comprehensive watershed management plan;
68. $700,000 to the Columbia Basin Groundwater Management
Area in Washington State for the Columbia Basin Groundwater
Management Area Study;
69. $500,000 for the Washington Puget Sound Action Team
for rapid assessment and response to declining oxygen levels in
the Hood Canal;
70. $800,000 to the Polymer Alliance Zone's MARCEE
Initiative with oversight provided by the Office of Solid
Waste;
71. $2,000,000 for on-going activities at the Canaan
Valley Institute, including activities relating to community
sustainability.
72. $4,000,000 for the Small Public Water System
Technology Centers at Western Kentucky University, the
University of New Hampshire, the University of Alaska-Sitka,
Pennsylvania State University, the University of Missouri-
Columbia, Montana State University, the University of Illinois,
and Mississippi State University;
73. $500,000 for the Kenai River Center in Kenai, Alaska;
74. $500,000 for the State of New Hampshire for the New
Hampshire Estuaries Project;
75. $3,000,000 for the University of Oklahoma for surface
water treatment, monitoring and environmental remediation of
mine-waste tailings in the Tar Creek and Spring Creek
watersheds in Ottawa County, Oklahoma;
76. $1,000,000 for the State of Alaska to conduct a
mercury testing program on seafood;
77. $500,000 for the New Hampshire Department of
Environmental Services for a milfoil and invasive species
removal program;
78. $1,000,000 for the University of Nebraska-Lincoln for
the development of innovative cleanup technologies for
environmental contamination of soil and water;
79. $500,000 for the University of Louisville Center for
Infrastructure Research in Kentucky for research of ways to
address problems caused by obsolete designs, aging facilities
and growing demands on water, wastewater and sewer
infrastructure;
80. $500,000 for the Western Kentucky University Center
for Wastewater Research for research on wastewater and
management issues;
81. $1,000,000 for the Watershed of the Ozarks in
Missouri for the Valley Mill Watershed Project;
82. $1,000,000 for the University of Missouri at Columbia
for the Innovative Technologies for Nutrient Management
Project;
83. $1,000,000 for the Missouri Pork Producers
Association for the development of environmental processes for
agricultural producer certifications;
84. $450,000 for the Village of Questa, New Mexico for an
impact study on the quality of groundwater and surface water
sources and for costs related to mine reclamation;
85. $750,000 for the Ohio River Valley Water Sanitation
Commission to complete a riverwide TMDL review of dioxin and
PCBs;
86. $750,000 for the Lake Pontchartrain Basin Foundation
for Lake Pontchartrain water quality improvement projects.
87. $250,000 for the Maryland Bureau of Mines for an acid
mine drainage remediation project;
88. $1,000,000 for projects demonstrating the benefits of
Low Impact Development along the Anacostia Watershed in Prince
Georges County, Maryland, including $500,000 for storm drains
and trash traps;
89. $250,000 for the Midwest Technology Assistance Center
at the University of Illinois;
90. $500,000 for the Sacramento Regional County
Sanitation District for toxic pollutant control;
91. $500,000 for the Center for Agricultural and Rural
Development at Iowa State University for the Resource and
Agricultural Policy Systems program;
92. $500,000 for the Small Business Pollution Prevention
Center at the University of Northern Iowa;
93. $500,000 for the painting and coating assistance
initiative through the University of Northern Iowa;
94. $500,000 for the Department of Water Supply, County
of Maui, Hawaii for the upcountry Maui lead-water reduction
plan;
95. $250,000 for the Economic Development Alliance of
Hawaii to promote biotechnology to reduce pesticide use;
96. $400,000 for the County of Hawaii and the Hawaii
Island Economic Development Board for community-based waste
recycling and reuse system;
97. $200,000 for the Milwaukee Community Services Corps
for a phytoremediation treatability plan;
98. $300,000 for the Great Lakes Indian and Wildlife
Commission;
99. $250,000 for the Northwest Straits Commission for
Washington State University's beach watchers program;
100. $350,000 for the Northwest Indian Fisheries
Commission tribal water quality program;
101. $300,000 for the Walker Lake Working Group in Nevada
for scientific, analytical, and other technical assistance to
evaluate solutions for the restoration of Walker Lake;
102. $200,000 to the Walker Lake Paiute Tribe to conduct
environmental remediation of ordnance and other toxic materials
on tribal lands;
103. $325,000 for the Shoshone-Paiute Tribe for an
environmental characterization study of mine drainage on the
Owybee River, riparian areas, and other areas on the Tribe's
Duck Valley Reservation;
104. $750,000 for the University of West Florida's PERCH
program;
105. $200,000 for pollution prevention of Wreck Pond and
nearby beaches in Spring Lake, New Jersey;
106. $250,000 for a storm water research initiative at
the University of Vermont;
107. $500,000 for New Bedford, Massachusetts, for
environmental education and science programs;
108. $200,000 for the Northeast Waste Management
Officials Association [NEWMOA];
109. $200,000 for the Northeast States for Coordinated
Air Use Management [NESCAUM];
110. $2,000,000 for the National Alternative Fuels
Training Consortium; and
111. $500,000 for the Clinton River Watershed Initiative
in Michigan.
The conferees strongly support the objectives of the
Agency's enforcement program, and have provided additional
resources to enable the Agency to fund a total of not less than
2,237 enforcement FTEs in this account (3,465 FTEs throughout
the Agency), equal to the fiscal year 2003 enacted level.
The conference agreement provides the full budget request
for the Endocrine Disruptor Screening Program (EDSP), the High
Production Volume (HPV) Chemical Challenge Program, and the
Voluntary Children's Chemical Evaluation Program (VCCEP).
The conference agreement also provides the full budget
request for the Great Lakes National Program Office.
The conference agreement provides the full budget request
of $2,000,000 for the Water Information Sharing and Analysis
Center (Water ISAC) to gather, analyze, and disseminate
sensitive security information to water and wastewater systems.
The conferees direct that the Water ISAC shall be implemented
through a grant to the Association of Metropolitan Water
Agencies.
The conferees have, within available funds, provided
$2,000,000 for nine Environmental Finance Centers, the same as
for fiscal year 2003. Also from within available funds, the
Agency is provided with $250,000 to continue development of
BASINS models, GIS mapping, integration with other financial
and planning tools, and incorporation of cost-effectiveness
considerations into integrated priority ranking systems.
Within available funds, the Agency is directed to
contract with an independent research organization, within 60
days of enactment, to complete a comprehensive study of jobs
created by water infrastructure financing, as proposed by the
Senate.
The conferees expect EPA to specify all funding for paid
advertising throughout the Agency in the fiscal year 2004
operating plan and in the fiscal year 2005 budget submission.
The conferees are concerned that Federal agencies
continue to receive failing grades due to weaknesses in cyber
security management. To address this weakness, the conferees
believe agencies can use vulnerability management as a means of
securing critical computer networks. The conferees direct EPA
to provide no less than $500,000, within available funds, to
demonstrate a cyber-security/vulnerability management solution
which, in real time, continuously and accurately discovers
network exposures and measures policy compliance in an
extensible and scalable manner. This management solution can be
achieved by using appliance-based technology to run a hardened
operating system that communicates through encryption using
digital certificates for authentication. The conferees direct
the Agency to report to the Committees on Appropriations on the
efficacy of this technology no later than October 1, 2004.
The conferees understand that EPA supports Electro
Catalytic Oxidation, a multi-pollutant control technology for
coal fired power plants. The conferees encourage EPA to
continue to explore the potential clean air benefits of this
promising technology.
The conferees support the Agency's electronics recycling
initiative, and encourage the Agency to support pilot projects
through the Polymer Alliance Zone's MARCEE Initiative to
develop a market-based sustainable electronics recycling
infrastructure.
OFFICE OF INSPECTOR GENERAL
Appropriates $37,558,000 for the Office of Inspector
General, an increase of $750,000 over the amounts proposed by
the House and the Senate. In addition to amounts appropriated
directly to the OIG, $13,214,000 is also available by transfer
from funds appropriated for the Hazardous Substance Superfund.
The conferees have included language designating the
Inspector General of EPA to serve as the Inspector General for
the Chemical Safety and Hazard Investigation Board. An
additional $750,000, not in the budget request, and up to 5
FTEs are provided in fiscal year 2004 for this function. The
conferees direct that adequate funding be included in the
budget request in future fiscal years to carry out this
function.
BUILDINGS AND FACILITIES
Appropriates $40,000,000 for buildings and facilities,
instead of $42,918,000 as proposed by the Senate and
$42,368,000 as proposed by the House.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
Appropriates $1,265,000,000 for Hazardous Substance
Superfund as proposed by the Senate instead of $1,275,000,000
as proposed by the House. Bill language provides that such sums
as are available from the Superfund trust fund upon the date of
enactment are available for this activity, with the remainder
to be derived from general revenues of the Treasury. Additional
language provides for the transfer of $13,214,000 to the Office
of Inspector General, and for the transfer of $44,697,000 to
the Science and Technology account. The conference agreement
does not include delayed obligations in the superfund account
as proposed by the Senate.
The conferees have agreed to the following fiscal year
2004 funding levels:
1. $880,281,000 for Superfund response and cleanup
activities, an increase of $28,895,000 over the fiscal year
2003 enacted level.
2. $147,557,000 for enforcement activities.
3. $140,425,000 for management and support.
4. $13,214,000 for transfer to the Office of Inspector
General.
5. $44,697,000 for research and development activities,
to be transferred to the Science and Technology account.
6. $38,826,000 for reimbursable interagency activities,
including $28,150,000 for the Department of Justice and
$10,676,000 for OSHA, FEMA, NOAA, the United States Coast
Guard, and for the Department of the Interior.
The conferees direct the EPA IG to conduct an evaluation
of Superfund expenditures at headquarters and the regions and
recommend options for increasing resources directed to
extramural cleanup while minimizing administrative costs. The
conference agreement does not include a provision, as proposed
by the Senate, to require EPA to allocate a specific percentage
of its superfund budget to site remedy construction and long-
term response activities. However, the conferees expect EPA to
direct the maximum possible resources to these activities, and
look forward to reviewing the IG's recommendations for
increasing funding for these critical activities within
available resources.
The conferees direct the EPA Inspector General to conduct
an investigation into all financial transactions, including
revenue and spending, by the Gloucester Environmental
Management Services (GEMS) Trust, and make its findings
available to the public no later than April 1, 2004.
LEAKING UNDERGROUND STORAGE TANK PROGRAM
Appropriates $76,000,000 for the leaking underground
storage tank program instead of $79,845,000 as proposed by the
House and $72,545,000 as proposed by the Senate.
OIL SPILL RESPONSE
Appropriates $16,209,000 for oil spill response as
proposed by the House and the Senate.
STATE AND TRIBAL ASSISTANCE GRANTS
Appropriates $3,896,800,000 for state and tribal
assistance grants instead of $3,601,950,000 as proposed by the
House and $3,814,000,000 as proposed by the Senate. Bill
language specifically provides $1,350,000,000 for Clean Water
State Revolving Fund (SRF) capitalization grants, of which up
to $75,000,000 is to be made available for use by States that
choose to make loans, including interest-free loans, that
increase non-point and non-structural, decentralized
alternatives, expanding the choices available to communities in
their fight for clean water. The conferees again strongly
encourage States that can do so to pursue innovative
technologies in this regard, but emphasize that this program is
voluntary and that States not participating in the program will
nevertheless continue to receive their normal level of funding
through the established SRF formulas.
Additional bill language provides $850,000,000 for Safe
Drinking Water SRF capitalization grants; $50,000,000 for the
United States-Mexico Border program; $43,000,000 for grants to
address drinking water and wastewater infrastructure needs in
rural and native Alaska communities; $3,500,000 for remediation
of above ground leaking fuel tanks in Alaska pursuant to Public
Law 106-554; $6,600,000 for grants for construction of
alternative decentralized wastewater facilities; $93,500,000
for Brownfields grants; $1,175,200,000 for categorical grants
to the states and tribes, including $50,000,000 for Brownfields
categorical grants and $20,000,000 for the Environmental
Information Exchange program; and $325,000,000 for cost-shared
grants for construction of water and wastewater treatment
facilities and infrastructure and for groundwater protection
infrastructure.
The conferees have included bill language which: (1) for
fiscal year 2004, authorizes the Administrator of the EPA to
use funds appropriated pursuant to the Federal Water Pollution
Control Act (FWPCA) to make grants to Indian tribes pursuant to
section 319(h) and 518(e) of FWPCA; (2) will permit the states
to include as principal amounts considered to be the cost of
administering SRF loans to eligible borrowers, with certain
limitations; (3) for fiscal year 2004, authorizes the states to
transfer funds between the Clean Water and Safe Drinking Water
SRF programs; and (4) stipulates that no funds provided in the
Act to address water infrastructure needs of colonias within
the United States along the United States-Mexico border shall
be made available to a county or municipal government unless
that governmental entity has established an enforceable
ordinance or rule which prevents the development or
construction of any additional colonia areas, or the
development within an existing colonia of any new home,
business, or other structure which lacks water, wastewater, or
other necessary infrastructure.
As in previous years, the conferees have included bill
language which stipulates that none of the funds provided in
this or any previous years' Act for the Safe Drinking Water SRF
may be reserved by the Administrator for health effects studies
on drinking water contaminants. The conferees have instead
provided significant resources for such studies within EPA's
Science and Technology account.
The conferees have included new bill language which sets
certain requirements for Alaska Native Village grants,
including: (1) a 25% cost share from the State of Alaska; (2) a
limitation on administrative expenses; and (3) the
establishment of a statewide priority list and a set-aside for
regional hub communities.
The conferees eliminated a provision included by the
Senate which was designed to make the use of targeted water and
wastewater investments in combination with funding from state
revolving funds more flexible. The House did not include this
provision. Because of concerns over the best way to address
flexibility in the combined use of these funds, the conferees
instead direct the EPA to report to the House and Senate
Committees on Appropriations by February 15, 2004 with
recommendations on ways to enhance the combined use of these
funds.
The conferees have included bill language which makes
technical corrections and changes to grants approved in
previous fiscal years.
Of the funds provided for the United States-Mexico Border
program, $7,000,000 is for continuation of the El Paso, Texas
desalination and water supply project, and $2,000,000 is for
the Brownsville, Texas water supply project.
The conference agreement provides $6,600,000 for six
specific grants under the National Decentralized Wastewater
Demonstration program. The program, which has shown success in
developing and transferring technologies which offer
alternatives to centralized wastewater treatment facilities,
also requires a cost-share whereby each grantee must provide
25% of the project's total cost. The six projects included for
funding are located in Seattle, Washington ($1,350,000);
Blackstone Watershed, Massachusetts and Rhode Island
($1,350,000); Boise, Idaho ($1,000,000); Pasquotank River
Watershed, North Carolina ($1,350,000); Washington, D.C.
($800,000); and Chagrin River Watershed, Ohio ($750,000). As in
previous years, these projects were determined by non-
governmental, independent analysis based upon their unique and
diverse geology and geography, their ability to provide the
greatest technological diversity using limited financial
resources, and the commitment of each community or regional
area to find and fund appropriate alternative technologies to
resolve their wastewater treatment needs.
Within the State and Tribal Categorical Grant program,
the conference agreement includes:
1. $228,550,000 for air resource assistance to State and
local governments under sections 103 and 105 of the Clean Air
Act, including $10,000,000 for the five State/Regional Haze
planning organizations;
2. $11,050,000 for air resource assistance grants to
Tribal governments;
3. $8,150,000 for radon grants;
4. $200,400,000 for water pollution control Agency
resource supplementation under section 106 of FWPCA;
5. $10,000,000 for beach grants to develop and implement
monitoring and information programs for coastal recreation
waters pursuant to the Beach Environmental Assessment and
Coastal Health Act of 2000;
6. $238,550,000 for section 319 of FWPCA non-point source
pollution grants, including programs formerly eligible under
the section 314 Clean Lakes program;
7. $15,000,000 for wetlands program development grants;
8. $19,000,000 for water quality cooperative agreements
under section 104(b)(3) of FWPCA;
9. $15,000,000 for targeted watershed grants;
10. $102,600,000 for public water system supervision
grants;
11. $11,000,000 for underground injection control grants;
12. $5,000,000 for Drinking Water Program State Homeland
Security Coordination grants;
13. $106,400,000 for RCRA financial assistance grants;
14. $50,000,000 for Brownfields categorical cleanup
grants;
15. $11,950,000 for underground storage tank grants;
16. $13,100,000 for pesticides program implementation
grants;
17. $13,700,000 for lead risk reduction grants;
18. $5,150,000 for toxic substances compliance/
enforcement grants;
19. $19,900,000 for pesticides enforcement grants;
20. $20,000,000 for the information exchange network
program;
21. $6,000,000 for pollution prevention incentive grants;
22. $2,250,000 for enforcement and compliance assurance
grants; and
23. $62,500,000 for Indians general assistance grants.
The conferees have not provided funding for a grant for
drinking water infrastructure improvements in San Juan, Puerto
Rico.
The conferees have provided $325,000,000 for a targeted
program making grants to communities for the construction of
drinking water, wastewater and storm water infrastructure and
for water quality protection. As in past years, these grants
shall be accompanied by a cost-share requirement whereby 45
percent of a project's cost is the responsibility of the
community or entity receiving the grant. In those few cases
where such cost-share requirement poses a particular financial
burden on the recipient community or entity, the conferees
support the Agency's use of its long-standing guidance for
financial capability assessments to determine reductions or
waivers from this match requirement.
With the exception of the limited instances in which an
applicant meets the criteria for a waiver, the conferees have
provided no more than 55% of an individual project's cost,
regardless of the amount appropriated below. Consistent with
direction in the fiscal year 2003 Conference Report on this
bill, the phrase `terms and conditions' referenced in the bill
language includes the maximum 55% federal share, as well as the
intended recipients and the specific project descriptions, as
listed below.
The distribution of funds under this program is as
follows:
1. $85,000 to the City of Cedar Bluff, Alabama for
wastewater infrastructure improvements;
2. $90,000 to the Town of Pennington, Alabama for water
and wastewater infrastructure improvements;
3. $100,000 to the Fayette, Alabama, Water Works Board
for water system infrastructure improvements;
4. $100,000 to the Limestone County Water and Sewer
Authority, Alabama for drinking water improvements;
5. $100,000 to the City of Athens, Alabama for wastewater
system improvements;
6. $100,000 to Lawrence County, Alabama for the Bankhead
Forest Water project;
7. $100,000 to the city of New Hope, Alabama for
wastewater system improvements;
8. $850,000 for the Coosa Valley Water Supply District
for development of a surface water supply in St. Clair County,
Alabama;
9. $175,000 to the West Morgan-East Lawrence Water and
Sewer Authority, Alabama for water infrastructure improvements;
10. $175,000 to the City of Lineville, Alabama for
purchase and construction of a water tank;
11. $200,000 to Walker County Commission, Alabama for
water line extensions in isolated areas;
12. $200,000 to Colbert County, Alabama, for water system
improvements;
13. $200,000 to the Utilities Board of the Town of
Citronelle, Alabama for water infrastructure improvements;
14. $225,000 to the West Lawrence Water Co-Op of Mount
Hope, Alabama for water system infrastructure improvements;
15. $250,000 to Atalla, Alabama, for sewerage system
improvements;
16. $300,000 to the Town of Gordo, Alabama for sanitary
sewer expansion project;
17. $300,000 to the Guntersville, Alabama, Water and
Sewer Board for the Sand Mountain water storage system project;
18. $550,000 to the Waterworks Board for the Towns of
Section and Dutton, Alabama for water system improvements;
19. $350,000 to the Town of Berry, Alabama for
construction of a wetlands treatment facility;
20. $350,000 to the Chilton Water Authority in Chilton
County, Alabama for water infrastructure improvements;
21. $400,000 to Jackson County, Alabama for water system
improvements;
22. $400,000 to the West Lauderdale County Water and Fire
Protection Authority, Alabama for construction of a water
treatment plant;
23. $475,000 to Franklin County, Alabama for water system
infrastructure improvements;
24. $500,000 to Hartselle Utilities for wastewater
infrastructure improvements in the City of Hartselle, Alabama;
25. $700,000 to Lawrence County, Alabama for construction
of a wastewater treatment facility;
26. $850,000 to the Upper Bear Creek Water Treatment
Plant in Haleyville, Alabama, for water treatment plant
improvement project;
27. $875,000 to the CREMS (Carlisle, Rockledge, Egypt,
Mountainboro, and Shady Grove) Water Authority, Alabama for
water system infrastructure improvements;
28. $1,000,000 to the City of Florence, Alabama for the
rehabilitation of the Canal/Jones Hollow Interceptor sewer
lines;
29. $250,000 to be shared equally between the Brent Water
and Sewer Board and the Centreville Water and Sewer Board in
Bibb County, Alabama for water and wastewater infrastructure
improvements;
30. $2,000,000 to the Tom Bevill Reservoir Management
Area Authority for construction of a drinking water reservoir
in Fayette County, Alabama;
31. $450,000 to the Southwest Alabama Regional Water
supply District for regional water supply distribution in
Thomasville, Alabama;
32. $100,000 to the Town of Hodges, Alabama for the
Hodges water improvement project;
33. $150,000 to the Town of Double Springs, Alabama for
water system improvements;
34. $250,000 for Smith's Sewer and Water Authority for
sewer system expansion in Smith, Alabama;
35. $100,000 to the Water and Sewer Boards of the Cities
of Brent and Centreville for court ordered repairs to the
system to mitigate water pollution in Centreville, Alabama;
36. $250,000 to the City of Athens Utilities for
commercial sewage extension in Athens, Alabama;
37. $100,000 to the Wilcox County Industrial Authority in
Camden, Alabama for water and sewer infrastructure improvements
in Wilcox County, Alabama;
38. $150,000 for the Cherokee County Commission for Weiss
Lake Area system improvements in Centre, Alabama;
39. $2,000,000 for Anchorage, Alaska for water and sewer
upgrades in West Anchorage;
40. $1,500,000 for Fairbanks, Alaska for water system
upgrades;
41. $1,000,000 for North Pole, Alaska for water and sewer
improvements;
42. $985,000 for Palmer, Alaska for a water main;
43. $768,000 for Sitka, Alaska for Japonski Island water
supply improvements;
44. $925,000 for Wasilla, Alaska for water and sewer
improvements;
45. $300,000 to the White Mountain Apache Tribe in
Arizona to prepare a master plan for drinking water
infrastructure on the Fort Apache Indian Reservation;
46. $1,000,000 for the City of Scottsdale, Arizona for
the Scottsdale Arsenic Removal Pilot Project;
47. $602,000 for the City of Safford, Arizona, for
wastewater treatment plant construction costs;
48. $600,000 to the City of Avondale, Arizona for
wastewater infrastructure improvements;
49. $750,000 to the Town of Huachuca, Arizona for the
Effluent Recharge Project;
50. $750,000 to the City of Tucson, Arizona for water
security infrastructure improvements;
51. $100,000 to the Baxter County Water Facilities Board,
Arkansas for water and wastewater infrastructure improvements;
52. $125,000 to the City of Jonesboro, Arkansas for
developing drainage plans;
53. $200,000 to the Faulkner County Public Utilities
Board, Arkansas for wastewater infrastructure improvements for
Lake Conway;
54. $300,000 to the Fort Chaffee Redevelopment Authority,
Arkansas for water infrastructure improvements;
55. $650,000 for the Community Water System Public Water
Authority of Arkansas in Lonoke and White Counties for the
Greers Ferry drinking water project;
56. $650,000 for the City of Fayetteville, Arkansas for
wastewater infrastructure improvements;
57. $100,000 to the City of Chino Hills, California for a
needs assessment study for 39 improvements to the Los Serranos
storm-water drainage system;
58. $110,000 to the City of East Palo Alto, California
for the East Palo Alto Master Water Plan including water,
wastewater and stormwater infrastructure improvements;
59. $475,000 to the City of Brisbane, California for
water and wastewater infrastructure improvements;
60. $200,000 to the City of Colton, California for
stormwater infrastructure improvements as part of the
Comprehensive 3-5 Storm Drain Plan;
61. $200,000 to the Los Osos Community Services District,
California for wastewater infrastructure improvements;
62. $200,000 to the City of Modesto, California for the
Ninth Street Corridor Storm Drain project;
63. $200,000 to the City of Norwalk, California for the
Norwalk Reservoir Project;
64. $200,000 to the City of Cudahy, California for
wastewater infrastructure improvements;
65. $200,000 to the City of Bell, California for
wastewater infrastructure improvements;
66. $200,000 to Marin County, California for the Tomales
Bay Wastewater Treatment Facility;
67. $250,000 to the City of Long Beach, California for
storm-water infrastructure improvements;
68. $450,000 to the City of Westminster, California for a
water quality improvement pilot project;
69. $250,000 to the City of Fort Bragg, California for
wastewater infrastructure improvements;
70. $250,000 for the City of Gardena, California for
wastewater and stormwater infrastructure improvements;
71. $500,000 to the City of Santa Ana, California for the
West Pump Station Facility Upgrade project;
72. $300,000 to the City of Murrieta, California for
wastewater infrastructure improvements;
73. $300,000 to the City of El Segundo, California for
sanitary sewer overflow infrastructure improvements;
74. $300,000 to the City of Santa Monica, California for
water infrastructure improvements;
75. $350,000 to the Monterey County Water Resource Agency
in California for planning and design of the Salinas Valley
Water Project;
76. $350,000 to the City of Roseville, California for
water infrastructure improvements;
77. $350,000 to the City of Vallejo, California for
infrastructure improvements for the Mare Island Sanitary Sewer
and Storm Drain System;
78. $475,000 to the City of Huntington Beach, California
for the Alabama Storm Drain project;
79. $400,000 to the Irvine Ranch Water District,
California for the San Diego Creek Watershed Natural Treatment
System;
80. $400,000 to the County of Ventura, California for
implementation of the Calleguas Creek Watershed Management
Plan;
81. $400,000 to the United Water Conservation District,
California for the River Park Reclamation and Recharge
Authority Groundwater Project;
82. $400,000 to the City of Redding, California for water
and wastewater infrastructure improvements for the Stillwater
Business Park;
83. $400,000 to the City of Victorville, California for
water and wastewater infrastructure improvements;
84. $400,000 to the City of Whittier, California for
water and wastewater infrastructure improvements;
85. $400,000 to the City of Folsom, California for
wastewater infrastructure improvements;
86. $400,000 to the City of Lodi, California for
wastewater infrastructure improvements;
87. $500,000 to the City of Fresno, California for a
water conveyance project;
88. $650,000 to Placer County, California for wastewater
infrastructure improvements;
89. $750,000 to the San Diego Water Authority, California
for a water desalination program;
90. $800,000 to the Olivenhain Municipal Water District
in Encinitas, California for water infrastructure improvements;
91. $800,000 to the City of Sacramento, California for
the Sacramento Combined Sewer System Improvement and
Rehabilitation Project;
92. $800,000 to the Castaic Lake Water Agency, California
for wastewater infrastructure improvements;
93. $1,100,000 to the Mojave Water Agency, California for
the Mojave Desert Arsenic Demonstration project;
94. $1,650,000 to the Cities of Arcadia and Sierra Madre,
California for water infrastructure improvements;
95. $1,000,000 for the Orange County Sanitation District,
California for a wastewater treatment program;
96. $500,000 to the Mission Springs, California Water
District for water infrastructure improvements;
97. $500,000 to the City of San Bernardino, California
for the Lakes and Streams project;
98. $1,000,000 for the Santa Clara Valley Water District,
California for perchlorate groundwater clean-up;
99. $500,000 for the City of Ukiah, California for
wastewater infrastructure improvements;
100. $500,000 for the West Valley Water District,
California for the Inland Empire Perchlorate Force Wellhead
Treatment;
101. $500,000 for Madera County, California for
wastewater infrastructure improvements;
102. $200,000 for Ventura County, California for sewer
infrastructure improvements;
103. $1,000,000 to the Town of Rico, Colorado for the
construction of a wastewater treatment plant and sewer system;
104. $1,000,000 for the Brownsville Water District,
Colorado for the construction of a sanitary sewer collection
system and interceptor line;
105. $1,000,000 for the Englewood/Littleton Bi-City
Wastewater Treatment Plant, Colorado for wastewater
infrastructure improvements;
106. $200,000 to the Town of Prospect, Connecticut for
water infrastructure improvements;
107. $550,000 for the Town of Southington, Connecticut
for water infrastructure improvements;
108. $500,000 to the City of Stamford, Connecticut for
stormwater management improvements for the restoration of the
Mill River ecosystem;
109. $900,000 for the Town of East Hampton, Connecticut
for water infrastructure improvements;
110. $500,000 for the City of New Britain, Connecticut
for drinking water infrastructure improvements;
111. $1,100,000 for the City of Wilmington, Delaware for
wastewater infrastructure improvements;
112. $400,000 to the Metropolitan Washington Council of
Governments for its Regional Water System Security Enhancement
Program;
113. $1,000,000 for the Solid Waste Authority of Palm
Beach County, Florida for continued construction of the Tri-
County Biosolids Pelletization Facility;
114. $1,000,000 for Key Biscayne, Florida for wastewater
infrastructure improvements;
115. $175,000 to the City of Miami Gardens, Florida for
drinking water, wastewater, stormwater and sewer infrastructure
improvements;
116. $200,000 to Citrus County, Florida for wastewater
infrastructure improvements for the Homosassa and
Chassahowitzka Water Collection System;
117. $200,000 to the City of Hollywood, Florida for water
infrastructure improvements;
118. $200,000 to Palm Beach County, Florida for
improvements at the Lake Okeechobee Regional Water Treatment
Plant;
119. $200,000 to the Southwest Florida Management
District for water and wastewater infrastructure improvements
for Weeki Wachee Springs;
120. $300,000 for the Northwest Florida Management
District for the Escambia County Utility Authority Water
Reclamation Project;
121. $240,000 to the City of Marathon, Florida for water
and wastewater infrastructure improvements for the Boot Key
Municipal Harbor Development;
122. $300,000 to Orange County, Florida for wastewater
infrastructure improvements in Holden Heights;
123. $350,000 to the City of Tampa, Florida for the South
Tampa Area Reclaimed Project;
124. $350,000 to St. Johns County, Florida for the
Stormwater and Septic Tank Replacement Project;
125. $400,000 to Sarasota County, Florida for the
Phillipi Creek Septic Tank Replacement Project;
126. $400,000 to the City of Key West, Florida for
stormwater infrastructure improvements;
127. $400,000 to the City of Oakland Park, Florida for
the Kimberly Lake Drainage Project;
128. $400,000 to the City of Riviera Beach, Florida for
stormwater infrastructure improvements for Lake Worth Lagoon;
129. $400,000 to the Town of Orange Park, Florida for
wastewater infrastructure improvements for the St. Johns River;
130. $650,000 to the County of Putnam, Florida for a
Regional Water System project;
131. $800,000 to the City of Sweetwater, Florida for
stormwater and wastewater infrastructure improvements;
132. $800,000 to the City of Homestead, Florida for water
and wastewater infrastructure improvements;
133. $800,000 to the Southwest Florida Water Management
District for the Upper Peace River Watershed Restoration
Initiative;
134. $2,000,000 for St. Johns Rivers Water Management
District, Florida to integrate alternative water supplies in
east-central Florida to reduce the regional water supply
deficit;
135. $450,000 for St. Johns Rivers Water Management
District, Florida for the Northeast Florida Integrated Water
Resources Project;
136. $10,000,000 to the Southwest Florida Water
Management District for continuation of the Tampa Bay Reservoir
Project;
137. $110,000 to the City of Helena, Georgia for water
and wastewater infrastructure improvements;
138. $350,000 to the Liberty County Development
Authority, Georgia for water and wastewater infrastructure
improvements for the Liberty County Coastal Megapark;
139. $400,000 to the City of Roswell, Georgia for the Big
Creek Watershed Project;
140. $1,250,000 for the City of Forsyth, Georgia for
wastewater infrastructure improvements;
141. $700,000 to the City of Atlanta, Georgia for the
West Area Combined Sewer project;
142. $600,000 to Gwinnett County, Georgia for water and
wastewater infrastructure improvements for the Liberty Heights
revitalization project;
143. $1,100,000 for the Metropolitan North Georgia Water
Planning District for water and wastewater infrastructure
improvement projects;
144. $1,000,000 to the Metropolitan North Georgia Water
Planning District for water and wastewater infrastructure
improvements for the City of Atlanta Nancy Creek project;
145. $2,250,000 for Columbus Water Works, Columbus,
Georgia for its Biosolids Flow-Through Thermophilic Treatment
Demonstration Project;
146. $350,000 to Meriweather County, Georgia for water
infrastructure improvements;
147. $300,000 to the Guam Waterworks Authority for water
and wastewater infrastructure improvements;
148. $1,000,000 for Oahu County and Kauai County, Hawaii
for water infrastructure improvements;
149. $400,000 to the City of Middleton, Idaho for its
water and sewer utility extension and regional lift station
project;
150. $500,000 to the City of McCammon, Idaho for
wastewater system improvements;
151. $900,000 to the City of Jerome, Idaho for extension
of sewer lines;
152. $2,000,000 for Shoshone County, Idaho, for Burke
Canyon Water and Sewer Improvements;
153. $500,000 for the City of Burley, Idaho, for
construction on its Wastewater Treatment System Project;
154. $100,000 to the Village of Carbon Hill, Illinois for
water infrastructure improvements;
155. $125,000 to the Village of Romeoville, Illinois for
stormwater infrastructure improvements;
156. $200,000 to the Village of Lisbon, Illinois for
wastewater infrastructure improvements;
157. $200,000 to the Town of Cortland, Illinois for
construction of an elevated water storage tower;
158. $200,000 to the Village of Burlington, Illinois for
wastewater infrastructure improvements;
159. $200,000 to the City of Genoa, Illinois for
wastewater infrastructure improvements;
160. $250,000 for the Village of Oreana, Illinois for
water and wastewater infrastructure improvements;
161. $300,000 to the City of Shelbyville, Illinois for
wastewater infrastructure improvements;
162. $300,000 to the City of Breese, Illinois for water
infrastructure improvements;
163. $325,000 to the Village of Downs, Illinois for
wastewater infrastructure improvements;
164. $350,000 for the City of Delavan, Illinois for the
construction of new water service lines and storage tanks;
165. $350,000 for the City of Springfield, Illinois for
the replacement of the First Street Sanitary Sewer and
stormwater management for Memorial Medical Center;
166. $350,000 to the Lake County Stormwater Management
Committee, Illinois for stormwater detention, infrastructure,
modeling, design and management activities in the Upper Des
Plaines River watershed;
167. $500,000 for Lake County, Illinois for water and
wastewater infrastructure improvements;
168. $350,000 to the Village of Johnsburg, Illinois for
wastewater infrastructure improvements;
169. $400,000 to the Village of LaGrange Park, Illinois
for a water main replacement project;
170. $401,500 for the Village of Washington, Illinois for
improvements to the School Street Sewer Interceptor;
171. $500,000 for the City of Virginia, Illinois for the
construction of a water treatment facility;
172. $500,000 for the City of Lincoln, Illinois for
upgrades for its wastewater treatment plant;
173. $500,000 for the Village of Armington, Illinois for
the construction of a sanitary sewer project;
174. $500,000 for the City of Forsyth, Illinois for
construction of a new water treatment plant;
175. $500,000 to the Village of Port Barrington, Illinois
for wastewater infrastructure improvements;
176. $648,500 for the City of Peoria, Illinois for the
installation of sanitary sewer infrastructure in Growth cells 2
and 3;
177. $500,000 for Galesburg Sanitary District, Illinois
for wastewater infrastructure improvements;
178. $500,000 for the Village of Franklin Park, Illinois
for water and wastewater infrastructure improvements;
179. $500,000 for the City of Galena, Illinois to expand
and improve wastewater facilities;
180. $200,000 for the City of Wilmington, Illinois for
wastewater infrastructure improvements;
181. $900,000 to the City of Martinsville, Indiana for
water supply, water storage, and other water infrastructure
improvements;
182. $200,000 to the City of Jeffersonville, Indiana for
wastewater infrastructure improvements;
183. $200,000 to the City of Richmond, Indiana for
wastewater and stormwater infrastructure improvements;
184. $250,000 to be divided equally between Vanderburgh
County and the City of Evansville, Indiana for Pigeon Creek
wastewater system improvements;
185. $400,000 to the City of Carmel, Indiana for water
and wastewater infrastructure improvements;
186. $1,200,000 to the City of Fort Wayne, Indiana for
the Camp Scott Program for water and wastewater infrastructure
improvements;
187. $750,000 to Rensselaer, Indiana for wastewater
infrastructure improvements;
188. $200,000 for the Delaware County Commissioners,
Eaton, Indiana for water system improvements;
189. $200,000 for the City of Elwood, Indiana for sewer
infrastructure improvements;
190. $1,700,000 for the City of Sioux City, Iowa for
improvements at the Sioux City Regional Wastewater Treatment
Facility;
191. $200,000 to the City of Postville, Iowa for
wastewater infrastructure improvements;
192. $2,500,000 for the City of Ottumwa, Iowa for the
separation of combined sewers;
193. $600,000 for the Mason City Water Treatment Plant in
Mason City, Iowa for water infrastructure improvements;
194. $200,000 for the City of Carroll, Iowa for
wastewater infrastructure improvements;
195. $2,000,000 for the City of Hutchinson, Kansas for
groundwater remediation;
196. $1,250,000 for the City of Roeland Park, Kansas for
stormwater infrastructure improvements;
197. $450,000 to the City of Newton, Kansas for
wastewater infrastructure improvements;
198. $500,000 to the City of Frankfort, Kentucky for the
Schenkel Lane Sewer Replacement project;
199. $200,000 to Grant County, Kentucky for the Grant
County/Bullock Pen Waterline Extension project;
200. $200,000 to the City of Wickliffe, Kentucky for
wastewater infrastructure improvements;
201. $500,000 to the Boyle County Fiscal Court, Kentucky
for wastewater infrastructure improvements;
202. $350,000 to the City of Whitesburg, Kentucky for
wastewater infrastructure improvements;
203. $480,000 to the City of Mt. Vernon, Kentucky for
wastewater infrastructure improvements;
204. $800,000 to Martin County, Kentucky for wastewater
infrastructure improvements and extension of wastewater lines;
205. $1,000,000 for the Louisville/Jefferson County
Metropolitan Sewer District, Kentucky to construct a wet
weather storage basin to control sewer overflows;
206. $500,000 to the South Woodford Water District in
Woodford County, Kentucky, for the South Woodford Water
District System Improvement Project;
207. $500,000 to the Hardin County Water District No. 2
in Hardin County, Kentucky, for the Elizabethtown Loop Project;
208. $2,000,000 to the Intermodal Transportation
Authority in Bowling Green, Kentucky, for Kentucky TriModal
Transpark Water and Sewer Improvements;
209. $1,000,000 for Sanitation District Number One in
Kentucky for water infrastructure improvements;
210. $700,000 for the Ohio County Regional Wastewater
District, Kentucky for wastewater infrastructure improvements;
211. $300,000 for the State of Kentucky for water
infrastructure improvements in Union County;
212. $200,000 to the City of Denham Springs, Louisiana
for wastewater infrastructure improvements;
213. $300,000 to the Military Department of Louisiana for
wastewater infrastructure improvements at the Gillis W. Long
Center in St. Gabriel, Louisiana;
214. $400,000 to the City of New Orleans, Louisiana for
wastewater infrastructure improvements;
215. $800,000 to the City of Shreveport, Louisiana for
the installation of backflow preventers within the water
distribution system;
216. $800,000 to the South Central Planning and
Development Commission, Louisiana for water and wastewater
infrastructure improvements;
217. $1,000,000 for the City of Baton Rouge, Louisiana
for water infrastructure improvements;
218. $750,000 for the City of Monroe, Louisiana for
wastewater infrastructure improvements;
219. $750,000 for the Town of Gramercy, Louisiana for
drinking water infrastructure improvements;
220. $700,000 for the City of St. Martinville, Louisiana
for wastewater infrastructure improvements;
221. $500,000 for the City of Gardiner, Maine for sewer
infrastructure improvements;
222. $250,000 for the Town of Machias, Maine for
wastewater infrastructure improvements;
223. $250,000 for Indian Township, Maine for improvements
to wastewater facilities;
224. $300,000 to the Sanford Sewer District, Maine for
wastewater infrastructure improvements;
225. $1,000,000 for the Town of Westernport, Maryland for
sewer infrastructure improvements;
226. $500,000 for Chestertown, Maryland for water
infrastructure improvements;
227. $500,000 for the Town of Delmar, Maryland for water
infrastructure improvements;
228. $500,000 to the City of Crisfield, Maryland for
water infrastructure improvements and construction of
biological nutrient removal facilities;
229. $500,000 for the Town of Hurlock, Maryland for water
infrastructure improvements;
230. $500,000 for nutrient control at wastewater
treatment plants on the Pocomoke River in Maryland;
231. $1,000,000 for Harford County, Maryland for the
Oaklyn Manor Project;
232. $500,000 for the Maryland Department of Natural
Resources for water quality restoration projects on the Stoney
Run and Dorsey Run in Howard and Anne Arundel Counties,
Maryland;
233. $200,000 to the Town of Elkton, Maryland for
construction of biological nutrient removal facilities;
234. $350,000 to the City of Cambridge, Maryland for
combined sewer overflow infrastructure improvements;
235. $400,000 to the Washington Suburban Sanitary
Commission for wastewater disinfection system upgrades for
Montgomery and Prince George's Counties, Maryland;
236. $200,000 to the Boston Groundwater Trust of
Massachusetts for its groundwater initiative;
237. $450,000 to the City of Brockton, Massachusetts for
wastewater infrastructure improvements at the Brockton
Wastewater Treatment Facility;
238. $200,000 for wastewater infrastructure improvement
projects in Essex County, Massachusetts;
239. $250,000 to the City of Lowell, Massachusetts for
combined sewer overflow infrastructure improvements;
240. $1,100,000 for the Cities of New Bedford and Fall
River, Massachusetts for combined sewer overflow mitigation in
Bristol County;
241. $500,000 to the Pioneer Valley Planning Commission
for sewage pollution control projects along the Connecticut
River in Massachusetts and Connecticut;
242. $200,000 to the Saginaw Chippewa Tribe of Michigan
for the Saginaw Chippewa Water Main Extension Project;
243. $1,000,000 for the Huron Regional Water Authority in
Michigan for water infrastructure improvements;
244. $250,000 to the Grand Traverse County Board of
Public Works, Water and Sewer Committee, Michigan for
wastewater infrastructure improvements;
245. $300,000 to the City of Negaunee, Michigan for
wastewater infrastructure improvements;
246. $725,000 for Genesee County Drain Commission,
Michigan for the North-East Relief Sewer and Kearsley Creek
Interceptor project;
247. $400,000 to the City of Detroit, Michigan for
wastewater infrastructure improvements at the Belle Isle
Sewerage Pumping Station and Combined Sewer Overflow Facility;
248. $750,000 to the City of Grand Rapids, Michigan for
combined sewer overflow infrastructure improvements;
249. $1,000,000 to Wayne County, Michigan for
continuation of the Rouge River National Wet Weather
Demonstration Project;
250. $1,375,000 for the Oakland County Drain Commission
to address sanitary sewer overflows in Evergreen Farmington,
Michigan;
251. $1,000,000 for the City of Benton Harbor, Michigan
for water infrastructure improvements;
252. $400,000 for Crystal Falls Township, Michigan for
water infrastructure improvements;
253. $1,000,000 for the City of Saginaw, Michigan for
sewer infrastructure improvements;
254. $1,050,000 to the Mille Lacs Band of Ojibwe located
on the Mille Lacs Indian Reservation, as established in the
Treaty of 1855, 10 Stat. 1165 for construction of the Mille
Lacs Regional Wastewater Treatment Facility in Minnesota;
255. $500,000 for the City of Moorhead, Minnesota for
water infrastructure improvements;
256. $300,000 to the City of Roseau, Minnesota for water
and wastewater infrastructure improvements;
257. $750,000 to the City of Minneapolis, Minnesota for
combined sewer overflow infrastructure improvements;
258. $450,000 for the City of Pascagoula, Mississippi for
stormwater and wastewater infrastructure improvements;
259. $1,000,000 for the City of Forest, Mississippi for
water infrastructure improvements;
260. $200,000 for the City of Gulfport, Mississippi for
wastewater infrastructure improvements;
261. $1,000,000 for the West Rankin Metropolitan Water
and Sewer Authority, Rankin County, Mississippi for water
infrastructure improvements;
262. $500,000 for Tchula, Mississippi for wastewater
infrastructure improvements;
263. $500,000 for the City of Meridian, Mississippi for
wastewater infrastructure improvements;
264. $500,000 for the City of Jackson, Mississippi for
wastewater system improvements;
265. $400,000 to Franklin County, Mississippi for water
and wastewater infrastructure improvements for the Okissa Lake
Community development;
266. $620,000 to the Town of Farmington, Mississippi for
wastewater infrastructure improvements;
267. $1,500,000 for Joplin, Missouri for the Shoal Creek
Pre-treatment facility and Silver Creek parallel relief;
268. $1,000,000 for Joplin, Missouri for the Jasper
County Crossroads Relief Sewer No. 1 Phase Two;
269. $1,000,000 for the City of St. Joseph, Missouri for
sewer infrastructure improvements;
270. $750,000 for Monroe City, Missouri for water main
replacement and water line extension;
271. $1,000,000 for the Cities of Peculiar and Raymore,
Missouri for the Cass County Watershed Expansion Project;
272. $700,000 for the City of Pacific, Missouri for water
and sewer infrastructure improvements;
273. $750,000 for Northwest Missouri Regional Council of
Governments for regional drinking water projects;
274. $750,000 for the City of Lebanon, Missouri for sewer
infrastructure improvements;
275. $400,000 for Wright City, Missouri for the
construction of an elevated water storage tank;
276. $150,000 for Steelville, Missouri for completion of
its water service project, well and water storage tank;
277. $500,000 to the City of St. Louis Department of
Public Utilities Water Division for the Columbia Bottoms
Wellfield Development Project in St. Louis, Missouri;
278. $175,000 to the City of Belton, Missouri for
stormwater and wastewater infrastructure improvements;
279. $300,000 to the Duckett Creek Sanitary District for
the design, permitting and construction of wastewater treatment
facilities, sanitary sewers, and other related work as
necessary to document the impact of these facilities in St.
Charles County, Missouri;
280. $350,000 to the City of Springfield, Missouri for
feasibility studies, preliminary and final designs and for
stormwater infrastructure improvements for the Upper James
River;
281. $300,000 for the City of Helena, Montana for Phase 1
of Helena's Missouri River Water Treatment Plant
reconstruction;
282. $1,000,000 for the Missouri River Water Project,
Helena, Montana for a water treatment project;
283. $600,000 for the City of Kalispell, Montana for
water treatment improvements;
284. $500,000 for the City of Missoula, Montana for the
Rattlesnake Water Project;
285. $350,000 for the City of Red Lodge, Montana for a
water treatment facility;
286. $350,000 for the City of Manhattan, Montana for a
water treatment facility;
287. $300,000 for the City of Wisdom, Montana for water
infrastructure improvements;
288. $400,000 for the City of Hamilton, Montana for water
infrastructure improvements;
289. $1,275,000 to the City of Omaha, Nebraska for
wastewater infrastructure improvements and combined sewer
overflow separation systems;
290. $375,000 for the City of Lincoln, Nebraska for the
construction of combined sewer separation systems;
291. $400,000 to the City of South Sioux City, Nebraska
for the Bi-State Missouri River Sewer Crossing project between
Nebraska and Iowa;
292. $175,000 to the City of Henderson, Nevada for water
and wastewater infrastructure improvements;
293. $100,000 for the Town of Hawthorne, Nevada for sewer
infrastructure improvements;
294. $1,600,000 for the Virgin Valley Water District,
Nevada for drinking water infrastructure improvements;
295. $1,000,000 for Washoe County, Nevada for the North
Lemmon Valley Artificial Recharge Project;
296. $600,000 for Clark County, Nevada for water
infrastructure improvements;
297. $500,000 for the City of Berlin, New Hampshire, for
the Berlin Waterworks water distribution system improvements;
298. $500,000 for the Town of Colebrook, New Hampshire
for drinking water infrastructure improvements;
299. $300,000 for the Town of Rollingsford, New Hampshire
for wastewater treatment improvements;
300. $350,000 for the Town of Jaffrey, New Hampshire for
wastewater treatment improvements;
301. $900,000 for the City of Nashua, New Hampshire for
drinking water and combined sewer overflow infrastructure
improvements;
302. $500,000 for the City of Manchester, New Hampshire
for the Phase 1 Combined Sewer Overflow Abatement project;
303. $350,000 for the City of Rochester Waterworks, New
Hampshire for the extension of Rochester, New Hampshire sewer
line;
304. $400,000 to the State of New Jersey, New Jersey
Meadowlands Commission for wetlands restoration;
305. $500,000 to the Passaic Valley Sewerage Commission
in New Jersey for its combined sewage overflow reduction
program and the Passaic River/Newark Bay Restoration program;
306. $800,000 to the Township of Jefferson, New Jersey
for wastewater infrastructure improvements to help protect
water quality of Lake Hopatcong;
307. $1,000,000 for the City of Camden, New Jersey for
the Von Neida Park Wastewater Management project;
308. $700,000 for Rockland County in New York, for the
Western Ramapo Sewer Extension project;
309. $300,000 for the City of Gallup, New Mexico for
wastewater infrastructure improvements;
310. $2,000,000 for the Valley Utilities Project in the
City of Albuquerque and Bemalillo County, New Mexico;
311. $1,000,000 for the City of Espanola, New Mexico, for
water and wastewater system improvements;
312. $1,000,000 for the City of Los Lunas, New Mexico,
for the interceptor sewer line project;
313. $125,000 to the Dona Ana Mutual Domestic Water
Consumers Association for wastewater management and treatment
infrastructure improvements in northern Dona Ana County, New
Mexico;
314. $300,000 to the City of Elephant Butte, New Mexico
for wastewater infrastructure improvements in North Sierra
County;
315. $600,000 to Bernalillo County, New Mexico for water
and wastewater infrastructure improvements for South and North
Valley;
316. $250,000 for the City of Oswego, New York for water
infrastructure improvements;
317. $250,000 for the City of Corning, New York for a
reservoir project;
318. $113,000 to the Village of Pelham, New York for
sanitary sewer and storm water infrastructure improvement
project;
319. $125,000 to the Town of Chester, New York for water
infrastructure improvements;
320. $200,000 to the Town of Sennett, New York for water
infrastructure improvements;
321. $200,000 to the Town of Bethel, New York for
wastewater infrastructure improvements;
322. $200,000 to the Village of Endicott, New York for
wastewater infrastructure improvements;
323. $200,000 to the Town of Babylon, New York for
wastewater infrastructure improvements;
324. $250,000 to the Town of Grand Island, New York for
wastewater and combined sewer overflow infrastructure
improvements;
325. $325,000 to Fulton County, New York for water and
wastewater infrastructure improvements;
326. $400,000 for the Town of North Hempstead, New York
for stormwater management infrastructure improvements;
327. $400,000 to the County of Rockland, New York for the
Western Ramapo Sewer Extension and Water Reuse project;
328. $400,000 to the City of Dunkirk, New York for
wastewater infrastructure improvements;
329. $400,000 to the City of Hamburg, New York for
wastewater infrastructure improvements;
330. $400,000 to the Town of Greece, New York for
sanitary sewer overflow infrastructure improvements;
331. $1,500,000 to the Cayuga County Water and Sewer
Authority for wastewater infrastructure improvements for the
Village of Fair Haven, New York;
332. $250,000 to the Rivers and Estuaries Center on the
Hudson in New York for facilities construction;
333. $230,000 to the Wayne County Water and Sewer
Authority for sanitary sewer overflow improvements for the Town
of Palmyra, New York;
334. $200,000 to Onondaga County, New York for sewage
treatment plant improvements for the Village of Jordan;
335. $2,000,000 to the Saratoga Water Committee in
Saratoga County, New York for construction of a drinking water
transport pipeline;
336. $1,400,000 for the Village of Lake Placid, New York
for water and wastewater infrastructure improvements;
337. $500,000 to the Town of North Castle, New York for
water infrastructure improvements for the Quarry Heights
District;
338. $600,000 to the Wayne County Water and Sewer
Authority for construction of a waterline in the Towns of Sodus
and Huron, New York;
339. $3,000,000 to the City of Syracuse, New York for
Westcott Reservoir for drinking water infrastructure
improvements;
340. $5,000,000 for drinking water infrastructure needs
in the New York City Watershed;
341. $5,000,000 for water quality infrastructure
improvements for Long Island Sound, New York;
342. $12,300,000 for continued clean water improvements
for Onondaga Lake, New York;
343. $110,000 to the Town of Erwin, North Carolina to
enhance its water and wastewater infrastructure through the
renovation and repair of treatment facilities at the former
Swift Denim textile plant;
344. $200,000 to the City of Shelby, North Carolina for
wastewater infrastructure improvements;
345. $1,000,000 for the Neuse Regional Water and Sewer
Authority for water infrastructure improvements for Lenoir
County, North Carolina;
346. $400,000 to the City of Creedmoor, North Carolina
for water quality and infrastructure improvements for Lake
Rogers;
347. $200,000 to the Town of Bryson City, North Carolina
for wastewater infrastructure improvements;
348. $250,000 to the Town of Hillsborough, North Carolina
for wastewater system maintenance and upgrades;
349. $550,000 to the City of Durham, North Carolina for
water security improvements;
350. $250,000 to the City of Cherryville, North Carolina
for renovation of the Sunbeam Industrial Park Water Tank and
Water Line;
351. $250,000 to Hoke County, North Carolina for water
and wastewater infrastructure improvements;
352. $150,000 to the City of Belmont, North Carolina for
wastewater infrastructure improvements;
353. $75,000 to the City of Bessemer City, North Carolina
for water and wastewater infrastructure improvements;
354. $75,000 to the City of Stanley, North Carolina for
water and wastewater infrastructure improvements;
355. $400,000 to the City of Marion, North Carolina for
water and wastewater infrastructure improvements;
356. $750,000 to the Town of Holly Springs, North
Carolina for water and wastewater infrastructure improvements
according to the Master Water Reuse Plan;
357. $150,000 to Richmond County, North Carolina for
water and wastewater infrastructure improvements
358. $550,000 for the City of Devils Lake, North Dakota
for water infrastructure improvements;
359. $900,000 for the City of Grafton, North Dakota for
the Grafton Water Treatment Plant;
360. $200,000 for the City of Park River, North Dakota
for water infrastructure improvements;
361. $550,000 for the City of Riverdale, North Dakota for
the Riverdale Regional Water Treatment Facility;
362. $300,000 for Dickey Rural Water Users Association in
Southeast, North Dakota for the Southeast Regional Expansion
Project;
363. $300,000 to the Village of Haskins, Ohio for
wastewater infrastructure improvements;
364. $350,000 to the Village of New Riegel, Ohio for
wastewater infrastructure improvements;
365. $350,000 to the City of Gallon, Ohio for the Galion
Bio-Solids Handling Replacement Project;
366. $400,000 to the Northeast Ohio Regional Sewer
District for the Doan Brook Pollution Abatement Project;
367. $700,000 to the City of Ashland, Ohio for water
infrastructure improvements;
368. $500,000 for the Village of Somerset, Perry County,
Ohio to rehabilitate its existing water treatment plant;
369. $500,000 to the City of Kirtland, Ohio for water and
wastewater infrastructure improvements;
370. $600,000 to the City of Vermilion, Ohio for
wastewater infrastructure improvements and sanitary sewer
rehabilitations;
371. $1,650,000 to Guernsey County, Ohio for a water line
extension project in Eastern Guernsey County;
372. $800,000 for Springfield, Ohio for the establishment
of water and sewer infrastructure in preparation for and
economic development project;
373. $800,000 to the Metropolitan Sewer District of
Greater Cincinnati, Ohio for sanitary sewer overflow
infrastructure improvements;
374. $1,750,000 for the City of Delphos, Ohio to
construct a reservoir, surface water treatment plant,
associated piping;
375. $900,000 to the City of Urbana, Ohio for
construction of a new well field;
376. $1,000,000 to the City of Toledo, Ohio for wet
weather flow and wastewater infrastructure improvements;
377. $1,200,000 to the City of Amherst, Ohio for
wastewater treatment plant improvements;
378. $1,200,000 to the City of Port Clinton, Ohio for
wastewater treatment plant improvements;
379. $2,000,000 for Shawnee Hills subdivision of Greene
County, Ohio for a central sewer system;
380. $300,000 to the Village of Millersburg, Ohio to
upgrade the Millersburg Wastewater Treatment Plant;
381. $900,000 to the City of Van Wert, Ohio to increase
the size of the drinking water reservoir;
382. $500,000 to Fulton County, Ohio to prevent landfill
leachate flows into surface water by improving the cap and
leachate collection system at the Fulton County Landfill;
383. $200,000 to the City of Midwest City, Oklahoma for
water infrastructure improvements;
384. $200,000 to the City of Norman, Oklahoma for
wastewater infrastructure improvements;
385. $200,000 to the City of Seminole, Oklahoma for water
and wastewater infrastructure improvements;
386. $325,000 to the Town of Arcadia, Oklahoma for water
supply and wastewater handling systems upgrades;
387. $325,000 to the City of Choctaw, Oklahoma for
wastewater infrastructure improvements;
388. $1,500,000 for the City of Lawton, Oklahoma for the
Southwest Water Treatment Plant;
389. $950,000 for the City of Warrenton, Oregon for
wastewater infrastructure improvements;
390. $500,000 for the City of Irrigon, Oregon for water
infrastructure improvements;
391. $200,000 to the City of Wilsonville, Oregon for the
installation of a rain and stormwater management system for the
Villebois project;
392. $200,000 to Tillamook County, Oregon for wastewater
infrastructure improvements including construction of an animal
waste composting facility;
393. $100,000 for the City of Albany, Oregon for the
Albany-Millersburg Joint Water Project;
394. $250,000 to the Odell Sanitary District, Oregon for
wastewater infrastructure improvements;
395. $900,000 for the City of Portland, Oregon for its
wet weather demonstration project;
396. $125,000 to Paint Borough, Pennsylvania for
stormwater and sanitary sewer infrastructure improvements;
397. $200,000 to Cheltenham Township, Pennsylvania for
water and wastewater infrastructure improvements;
398. $200,000 to Downingtown Borough, Pennsylvania for
wastewater infrastructure improvements;
399. $450,000 to Lycoming County, Pennsylvania for water
infrastructure improvements for the Jersey Shore Borough;
400. $200,000 to the Borough of Avondale, Pennsylvania
for wastewater infrastructure improvements;
401. $100,000 to Springettsbury Township, Pennsylvania
for a Biosolids Treatment Facility Replacement project;
402. $250,000 to the York City Sewer Authority,
Pennsylvania for infiltration and inflow removal infrastructure
improvements;
403. $200,000 to the Matamoras Municipal Authority of the
Borough of Matamoras, Pike County, Pennsylvania for water
infrastructure improvements;
404. $250,000 to the Somerset County Redevelopment
Authority, Pennsylvania for water and wastewater infrastructure
improvements for development of the Windber Business Park;
405. $275,000 for Forward Township, Pennsylvania for the
Gallatin-Sunnyside Area Sewer Project;
406. $300,000 to the City of Harrisburg, Pennsylvania for
the Mish Run Sewer Improvement Project;
407. $300,000 to the Hanover Township Sewage Authority,
Pennsylvania for extension of sewer lines for Starpoint
Business and Industrial Park;
408. $625,000 to the City of Lancaster, Pennsylvania for
water infrastructure improvements;
409. $400,000 to the City of Philadelphia, Pennsylvania
Water Department for the planning, design, and construction of
stormwater management solutions;
410. $400,000 for the Wyoming Valley Sanitation
Authority, Pennsylvania for combined sewer overflow
infrastructure improvements;
411. $400,000 to the Kulpmont-Marion Heights Joint
Municipal Authority, Northumberland County, Pennsylvania for
wastewater infrastructure improvements;
412. $600,000 to the Borough of Coudersport, Pennsylvania
for water and wastewater infrastructure improvements;
413. $3,200,000 for the Three Rivers Wet Weather
Demonstration program to develop innovative, cost-effective
solutions to assist municipalities to eliminate sewer overflows
in Allegheny County, Pennsylvania;
414. $750,000 to the Cambria Somerset Authority for the
Quemahoning Reservoir water supply project to provide water to
communities in Somerset and Cambria Counties, Pennsylvania;
415. $250,000 to the Summit Township Sewer Authority for
a public sanitary sewer system extension in Erie County,
Pennsylvania;
416. $250,000 to Tuscarora Township for East Waterford
sanitary sewer system upgrades in Juniata County, Pennsylvania;
417. $200,000 to Newport Borough Water Authority for a
river filtration system and distribution line replacement in
Perry County, Pennsylvania;
418. $350,000 for the Municipality of Penn Hills,
Pennsylvania for sewer infrastructure improvements;
419. $150,000 for the Mid-Cameron Authority for
wastewater treatment plant upgrades in Emporium Borough and
Shippen Township, Pennsylvania;
420. $150,000 for Laporte Borough for the waterline
replacement project in Sullivan County, Pennsylvania;
421. $200,000 for Granville Township for wastewater
transfer station improvements in Mifflin County, Pennsylvania;
422. $150,000 for Mercer County Regional Council of
Governments for the Shenango Valley Joint Sewer/Water
Infrastructure Project in Mercer County, Pennsylvania;
423. $1,650,000 to the Municipality of Barceloneta,
Puerto Rico for water infrastructure improvements in the
Palenque and Garrochales communities;
424. $175,000 to the Town of Lincoln, Rhode Island for
water and wastewater infrastructure improvements;
425. $175,000 to the Town of North Providence, Rhode
Island for wastewater and stormwater infrastructure
improvements;
426. $1,450,000 for the Narragansett Bay Commission of
Rhode Island for combined sewer overflow infrastructure
improvements;
427. $500,000 for the Pascoag Utility District, Rhode
Island for water infrastructure improvements;
428. $440,000 for the City of Providence, Rhode Island
for water infrastructure improvements;
429. $500,000 for the Town of Jamestown, Rhode Island for
water infrastructure improvements;
430. $500,000 for the Pawtucket Water Supply Board, Rhode
Island for the renovation of Central Falls Pipe;
431. $100,000 for the Prudence Island Water Utility,
Rhode Island for water infrastructure improvements;
432. $850,000 for East Providence, Rhode Island for water
infrastructure improvements;
433. $175,000 to the City of Greenville, South Carolina
for water and wastewater infrastructure improvements;
434. $250,000 to the Town of Estill, South Carolina for
water infrastructure improvements;
435. $300,000 to Calhoun County, South Carolina for water
infrastructure improvements for the Fort Motte Water System;
436. $300,000 to the Alligator Rural Water Company for
water infrastructure improvements in Chesterfield County, South
Carolina;
437. $1,400,000 for the Charleston Commissioners of
Public Works, South Carolina for wastewater infrastructure
improvements;
438. $400,000 to the Myrtle Beach Downtown Redevelopment
Corporation, South Carolina for stormwater infrastructure
improvements according to the Pavilion Area Master Plan;
439. $250,000 to Kershaw County, South Carolina for water
and wastewater infrastructure development for an industrial
park;
440. $1,200,000 for the Town of Ravenel, South Carolina
for construction of a main sewer transmission line along U.S.
Hwy 17;
441. $1,000,000 for the City of Corsica, South Dakota for
water infrastructure improvements;
442. $1,000,000 for the City of Lennox, South Dakota for
water infrastructure improvements;
443. $200,000 for the City of Sisseton, South Dakota for
water infrastructure improvements;
444. $1,000,000 for the City of Hartford, South Dakota
for drinking water infrastructure improvements;
445. $100,000 for the City of DeSmet, South Dakota for
water infrastructure improvements;
446. $250,000 to Meigs County, Tennessee for extension of
water lines;
447. $500,000 to the City of Decatur, Tennessee for water
infrastructure improvements;
448. $600,000 for the City of Jackson, Tennessee for the
Sandy Creek Sanitary Sewer Overflow Project;
449. $300,000 to the City of Tesculum, Tennessee for
wastewater infrastructure improvements;
450. $1,400,000 for the City of Newport, Tennessee for
the Newport Utility District to expand drinking water services
and improve wastewater treatment;
451. $200,000 to Harris County, Texas Precinct 2 for
water quality planning and design to provide water and
wastewater infrastructure improvements;
452. $200,000 to the El Paso Water Utilities, Texas for
water infrastructure improvements;
453. $2,150,000 to the City of Austin, Texas for sanitary
sewer overflow mitigation and infrastructure improvements;
454. $1,300,000 San Antonio Water Systems, San Antonio,
Texas for Brooks City-Base water infrastructure improvements;
455. $350,000 to the City of Leonard, Texas for
wastewater infrastructure improvements;
456. $400,000 to the Texas Water Development Board for
the Texas Water Desalination Initiative in Freeport, Texas;
457. $400,000 to the City of Waco, Texas for the Waco-
McLennan County Regional Water project;
458. $500,000 to the Brazos River Authority for water
infrastructure improvements in West Fort Bend County, Texas;
459. $200,000 to the City of Goldthwaite, Texas for
drinking water needs;
460. $600,000 for Daggett County, Utah for the Dutch John
Water and Wastewater Infrastructure Improvements;
461. $500,000 for the City of Riverton, Utah for water
infrastructure improvements;
462. $650,000 for Iron County, Utah for wastewater
infrastructure improvements;
463. $250,000 for the Jordan Valley Water Conservancy
District, Utah for a groundwater extraction and treatment
remedial project;
464. $900,000 for Park City, Utah for water
infrastructure improvements associated with the Spiro and Judge
Water Tunnels;
465. $675,000 for Sandy City, Utah for water and
stormwater infrastructure improvements;
466. $500,000 for the City of Orem, Utah for water
infrastructure improvements;
467. $1,000,000 for the Town of Waitsfield, Vermont for
water and wastewater infrastructure improvements;
468. $1,500,000 for the Champlain Water District,
Vermont, for Chittenden County stormwater infrastructure
improvements;
469. $125,000 for the Phoebe Needles System in Franklin
County Virginia for a secondary sewage treatment system;
470. $150,000 to the Town of Chatham, Virginia for water
and wastewater infrastructure improvements;
471. $250,000 for the Prentis Park Water and Sewer
Rehabilitation project in Portsmouth, Virginia;
472. $400,000 to Chesterfield County, Virginia for
drainage and wastewater infrastructure improvements for Rayon
Park;
473. $400,000 to be divided equally between the City of
Alexandria, Virginia and Arlington County, Virginia for water
quality improvements in the Four Mile Run watershed;
474. $440,000 for Henry County and the City of
Martinsville, Virginia for a wastewater treatment plant upgrade
and the conversion of two wastewater plants to pumping
stations;
475. $500,000 for the Piney River Wastewater Improvement
Project in Nelson County, Virginia;
476. $500,000 for Fluvanna County, Virginia for water and
sewer projects;
477. $500,000 for the Town of Kenbridge, Virginia for the
expansion of a wastewater treatment plant;
478. $785,000 for Franklin County, Virginia for a
drinking water infrastructure project;
479. $800,000 to the City of Richmond, Virginia for
combined sewer overflow infrastructure improvements;
480. $1,000,000 to be divided equally between Appomattox
County and the Town of Appomattox, Virginia for water and sewer
projects;
481. $1,200,000 to Dale Service Corporation wastewater
infrastructure improvements in Dale City, Virginia;
482. $750,000 for the Fairfax County Water Authority,
Virginia for water infrastructure security improvements
483. $300,000 for Fairfax County, Virginia for wastewater
infrastructure improvements;
484. $400,000 for the City of Norfolk, Virginia for the
Prentis Park Water and Sewer Rehabilitation;
485. $300,000 for the City of Lynchburg, Virginia for
combined sewer overflow controls;
486. $350,000 to the Government of the Virgin Islands for
wastewater treatment infrastructure improvements;
487. $200,000 to the City of Tacoma, Washington for water
and stormwater infrastructure improvements for the Salishan
housing development;
488. $200,000 to the City of Grand Coulee, Washington for
water infrastructure improvements;
489. $750,000 for the Skagit Public Utility District,
Washington for sewer improvements for Similk Beach;
490. $200,000 to the City of Seattle, Washington for the
High Point Natural Drainage System project;
491. $500,000 for the City of Lakewood, Washington for
wastewater infrastructure improvements;
492. $400,000 to the City of Carnation, Washington for
wastewater infrastructure improvements;
493. $400,000 to the City of Duvall, Washington for
wastewater infrastructure improvements;
494. $600,000 to the City of Shelton, Washington for
water and wastewater infrastructure improvements;
495. $100,000 to the Town of Ione, Washington for water
infrastructure improvements;
496. $1,000,000 for the City of Sunnyside, Washington for
wastewater infrastructure improvements;
497. $450,000 for the Vashon Sewer District, Washington
for wastewater infrastructure improvements;
498. $380,000 to the City of Moundsville Sanitary
Department in West Virginia for storm sewer and sanitary
improvements on Jefferson Avenue;
499. $671,000 to the City of Petersburg, West Virginia
for water and wastewater infrastructure improvements;
500. $750,000 to the Town of Harrisville, West Virginia
for water and wastewater infrastructure improvements;
501. $750,000 to the Mineral County Commission in Mineral
County, West Virginia for sewer system design and construction;
502. $824,000 to the City of Philippi, West Virginia for
water and wastewater infrastructure improvements;
503. $875,000 to the Marshall County Sewerage District in
West Virginia for water and wastewater infrastructure
improvements;
504. $1,617,000 to the Gilmer County Public Service
District in West Virginia for water and wastewater
infrastructure improvements;
505. $2,000,000 to the Sun Valley Public Service District
in West Virginia for water and wastewater infrastructure
improvements;
506. $5,000,000 to the City of Parkersburg, West Virginia
for water and wastewater infrastructure improvements.
507. $2,000,000 to the Milwaukee Metropolitan Sewerage
District, Wisconsin for its Central Metropolitan Interceptor
System project;
508. $500,000 for the City of Racine, Wisconsin for water
infrastructure improvements.
509. $1,800,000 to the City of Chipewa Falls, Wisconsin
for sewer and water infrastrructure enhancements;
510. $2,150,000 to the Village of Port Edwards, Wisconsin
for replacement of a sewage treatment plant.
ADMINISTRATIVE PROVISIONS
The conferees have again this year included an
administrative provision giving the Administrator specific
authority to, in the absence of an acceptable tribal program,
award cooperative agreements to federally recognized Indian
Tribes or Intertribal consortia so as to properly carry out
EPA's environmental programs.
The conference agreement does not include a provision, as
proposed by the House, extending for one year the collection of
$21,500,000 in maintenance fees. Nor does the conference
agreement include prohibitions on the collection of pesticide
registration and tolerance fees, as proposed by the House.
Instead, the conference agreement includes a provision, as
proposed by the Senate, which provides for the collection of
certain pesticides fees through fiscal year 2008 (see title V).
The conferees have included a new provision proposed by
the Senate which, for fiscal year 2004, extends the eligibility
of brownfield grant recipients to those who purchased
properties prior to the enactment of the Small Business
Liability Relief and Brownfield Revitalization Act of 2001. The
conferees have not included a provision that would permit the
use of certain brownfield grant funds for administrative costs,
as the Senate had proposed.
The conferees have not included a provision, as proposed
by the Senate, that clarifies an existing exemption in the
Clean Air Act concerning state regulations of engines under 50
horsepower.
Executive Office of the President
OFFICE OF SCIENCE AND TECHNOLOGY POLICY
Appropriates $7,027,000 as proposed by the House and the
Senate.
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
Appropriates $3,238,000 as proposed by the House and the
Senate.
Federal Deposit Insurance Corporation
OFFICE OF INSPECTOR GENERAL
Appropriates $30,125,000 for the Office of Inspector
General, as proposed by the House instead of $30,848,000 as
proposed by the Senate. Funds for this account are derived from
the Bank Insurance Fund, the Savings and Loan Insurance Fund,
and the FSLIC Resolution Fund and are therefore not reflected
in either the budget authority or budget outlay totals.
General Services Administration
FEDERAL CITIZEN INFORMATION CENTER FUND
Appropriates $14,000,000 as proposed by the Senate
instead of $12,500,000 as proposed by the House. Provides
limitation of $21,000,000 on availability of the Fund as
proposed by the Senate instead of $18,000,000 as proposed by
the House. Funds in excess of this amount are available for
expenditure only as authorized in future appropriations Acts.
United States Interagency Council on Homelessness
OPERATING EXPENSES
Appropriates $1,500,000 for the United States Interagency
Council on Homelessness as proposed by the Senate. The House
had included the same amount of funding for this activity under
its prior name, Interagency Council on the Homeless.
The conferees expect HUD to continue providing
administrative support on a reimbursable basis to the Council.
National Aeronautics and Space Administration
Of the amounts approved by the conferees in this
agreement, NASA must limit reprogramming of funds between
programs and activities to not more than $500,000 without prior
notification to the Committees on Appropriations of the House
and Senate. Any activity or program cited in this report shall
be construed as the position of the conferees and should not be
subject to reductions or reprogramming without prior approval.
The conferees agree with the Senate directive that NASA include
the outyear budget impacts of all reprogramming requests,
including the outyear budget impact of all missions in the
annual operating plan. The conferees direct NASA to identify,
in the initial operating plan and all subsequent revisions, all
Space Shuttle Return to Flight costs and purposes, the
anticipated budget runout of the Return to Flight actions, and
the funding sources being used to pay for the Return to Flight
costs. The operating plan and all subsequent changes to the
plan shall include a separate accounting of all program/mission
reserves.
The conferees agree with the House direction that NASA is
to provide no less than $2,000,000 to demonstrate encryption
technology as part of its cyber-security architecture. This
demonstration should be conducted in cooperation with the NASA
Inspector General. NASA is to report to the Committees on
Appropriations of the House and Senate within 90 days on its
plan to conduct this demonstration and is directed to convey
the results of the demonstration upon its completion.
The conferees agree with the Senate directive for NASA to
provide a comprehensive plan that will respond to the Columbia
Accident Investigation Board report as well as address other
staffing, systemic and program shortcomings in NASA programs.
The plan should include an assessment of any proposed
investments that NASA considers critical to the reform of the
agency and the success of its missions. The conferees expect
the plan to include a 10-year funding profile for implementing
the proposed reforms with benchmarks that are designed to
ensure a safe return to flight. The conferees direct NASA to
provide the report to the Committees on Appropriations of the
House and Senate no later than January 15, 2004.
The conferees agree with the Senate direction for a
report on the risks associated with illegal transfer or theft
of sensitive technologies. The conferees direct NASA and the
NASA Inspector General to work together and report annually on
these issues, including an assessment of risk.
The conferees agree that program delays often result in
large cost increases that are increasingly difficult to justify
and that NASA should have as a priority a desire to reduce
these costs. Therefore, the conferees direct NASA to work to
reduce the costs associated with program delays, and report to
the Committees on Appropriations by January 15, 2004 on options
for cost reductions. In arriving at these options, NASA should
include in the report an explanation of what constitutes core
staff and program needs versus full development and operations
staff requirements.
SPACE FLIGHT CAPABILITIES
(INCLUDING TRANSFER OF FUNDS)
Appropriates $7,512,100,000 for space flight capabilities
instead of $7,806,100,000 as proposed by the House and
$7,582,100,000 as proposed by the Senate. Specifies that
$15,000,000 of the amount provided for the Space Shuttle Life
Extension Program shall be for development and independent
assessment of concepts to increase crew survivability for crew
sizes of 4 to 7 as proposed by the House. The conferees have
not included the House language which would have specified
these efforts should result in increased survivability by a
factor of 20. Deletes the Senate language which would have
specified $3,986,000,000 for activities related to the Space
Shuttle and prohibited transfer of any of these funds to other
programs or activities. Deletes Senate language which would
have capped International Space Station costs at
$1,507,000,000. Retains House language which allows for the
transfer of funds from this account to the science,
aeronautics, and exploration account in accordance with section
312(b) of the National Aeronautics and Space Act of 1958.
The amount provided is a reduction of $270,000,000 from
the budget request and includes a reduction of $200,000,000
from the International Space Station request and a reduction of
$70,000,000 from the Space Launch Initiative budget request.
While the conferees have agreed to delete Senate bill
language which would have specified $3,986,000,000 for
activities related to the Space Shuttle, the conferees agree
that none of the reductions specified in this report should be
taken against this activity. Transfers made pursuant to section
312(b) of the National Aeronautics and Space Act, while
allowed, will need to be fully justified and approved by the
Committees on Appropriations of the House and Senatein advance
of the transfer and must include the outyear implications on all
activities involved in the reprogramming action.
The conferees have not included a cost cap on the
International Space Station as proposed by the Senate but do
agree that there are substantial cost reductions associated
with the program as a result of shuttle operations being
suspended and agree that NASA needs to be more aggressive in
controlling costs associated with reduced program activity.
The conferees agree that of the funds appropriated in
this account, $24,000,000 shall be for the commercial
technology program within the Innovative Technology Transfer
Partnerships theme. NASA shall maintain this program as it
existed in fiscal year 2003 and prior fiscal years.
The conferees do not agree with the Senate direction that
the Space Flight Advisory Committee is to report directly and
independently to the Congress on NASA's implementation of the
Columbia Accident Investigation Board (CAIB) recommendations.
Implementation of the CAIB recommendations is addressed further
in the Inspector General section of this statement.
The conferees are in agreement that the new charter of
the Aerospace Safety Advisory Panel addresses the concerns
expressed in the Senate report and will satisfy the desire of
the conferees to receive timely reports that assess the shuttle
program in terms of safety, upgrades, operations, and overall
management of the shuttle program.
Upon the resumption of shuttle flights to the
International Space Station, the conferees direct NASA to
develop and forward to the Committees on Appropriations of the
House and Senate a plan detailing the steps necessary to reach
U.S. Core Complete, as well as the outyear costs associated
with this plan.
The conferees are in agreement that the Orbital Space
Plane External Program Assessment Team (EPAT), as currently
chartered, will address many of the concerns expressed by the
Senate when its report suggested the creation of an independent
oversight committee. However, the conferees are concerned that
the current membership relies too heavily on former NASA
officials and direct NASA to expand the membership of the EPAT
to include individuals that have extensive non-NASA experience
in program management to ensure necessary independence from the
Space Launch Initiative program management. The conferees also
direct the EPAT to report on its assessments of the program to
the Congress on a quarterly basis, with the first report due on
December 31, 2003.
The Orbital Space Plane (OSP) program is expected to
represent a significant investment by the American taxpayers if
it is carried out to completion. It is therefore necessary that
NASA manage this program unlike any other program it has ever
executed or tried to execute in the past. The conferees believe
that first and foremost, NASA must heed all the findings and
recommendations of the International Space Station Management
and Cost Evaluation report as well as the CAIB report. It does
not appear from materials provided to the Congress thus far
that this is the case. The conferees understand that NASA is
currently scheduled to release the OSP full-scale development
Request for Proposals (RFP) in late 2003, and are concerned
that the goals of this RFP may not be aligned with the results
of the ongoing interagency space policy review. The conferees
believe that NASA should not release the RFP until the
interagency space policy review has been completed and NASA has
determined that the RFP is consistent with the results of this
review. Additionally, the conferees believe the President must
assure the Congress that sufficient resources will be available
to support the contract awarded as a result of the RFP and the
related NASA in-house efforts in fiscal year 2004 and the
outyears and anticipate receipt of such assurances in a timely
manner. Any operating plan changes that involve this program
will not take effect until 90 days after submission to the
Congress unless approved by the Committees on Appropriations of
the House and Senate sooner than 90 days.
The conferees agree with the Senate direction that NASA
report by January 31, 2004, on the outyear costs for each
project within the Next Generation Launch Technology program,
the criteria being used to select technologies for investment,
and the metrics used to determine whether projects within the
program are progressing or should be discontinued.
The conferees understand that NASA is currently assessing
complementary and/or replacement logistics support to and from
the International Space Station (ISS). This assessment
encompasses utilization of Progress, Automated Transfer Vehicle
(ATV), H-II Transfer Vehicle (HTV), Alternative Access to Space
(AAS) concepts, Autonomous Shuttle, and possibly other cargo
capability concepts. The AAS studies have an anticipated
completion date of January 2004 to be followed by a thorough
review of all the options by NASA. Additionally, the conferees
understand that the administration is reviewing overall U.S.
space exploration goals, including new cargo capability, as
part of the fiscal year 2005 budget process. The conferees
direct the administration to report back to the Committees on
Appropriations of the House and Senate with the Agency's plan
on ISS re-supply services by June 1, 2004.
The conferees are concerned that in its desire to return
the shuttle to full operations, NASA may damage seriously the
integrity of the Shuttle Life Extension Program (SLEP). The
conferees believe that the process that NASA has put in place
for the SLEP will correctly identify cost effective and
necessary modifications, but NASA must still demonstrate the
resolve to execute properly the program by requesting adequate
budget resources and devoting management attention to the
effort. The conferees will continue to examine this program and
will not entertain unrealistic reprogramming proposals that
place the program's overall objectives in jeopardy.
SCIENCE, AERONAUTICS AND EXPLORATION
(INCLUDING TRANSFER OF FUNDS)
Appropriates $7,929,900,000 for science, aeronautics and
exploration instead of $7,707,900,000 as proposed by the House
and $7,730,507,000 as proposed by the Senate. Includes language
as proposed by the Senate which allows funding to be used for
restoration of facilities.
The amount provided includes the following reductions to
the budget request:
1. $8,000,000 from the Space Interferometer Mission;
2. $20,000,000 from Project Prometheus;
3. $10,000,000 from the Beyond Einstein program; and
4. $11,000,000 from the Global Climate Change Research
Polarimeter program;
The conferees agree that the high radiation environment
the Jupiter Icy Moons (JIM) mission is expected to encounter
calls for development of low-cost hardened microcircuit devices
for the JIM mission and is encouraged that the Jet Propulsion
Lab is undertaking an immediate effort to validate new
technology in time for its use on the JIM mission. The
conferees share the concern expressed by the Senate regarding
the Project Prometheus program, particularly uncertainties in
the mission design, and the dependence on the new unproven
technologies. For these reasons, the conferees direct NASA to
provide specific program milestones and funding paths for all
elements of Project Prometheus and report progress to the
Committees on Appropriations of the House and Senate on a
quarterly basis. All funding lines should include a full run-
out of costs for at least 10 years. The first quarterly report
is due on December 31, 2003.
The conferees are in agreement with the House direction
for NASA to evaluate the level of stipends for its Graduate
Student Research Program and the Earth System Science
Fellowships as well as the House direction for an evaluation on
the merits of expanding its use of graduate fellowships. Both
reports are due not later than June 30, 2004.
The conferees share the concern of the House with regard
to the establishment of a National Program Office for air
traffic management development and direct NASA to report to the
Committees on Appropriations by March 31, 2004 on efforts to
establish the Office.
The conferees remain strongly supportive of the Center of
Excellence for Aerospace Propulsion Particulate Emissions
Reduction established at the University of Missouri-Rolla's
Cloud and Aerosol Sciences Lab and expect NASA to develop a
plan to utilize the Center's capabilities on an ongoing basis.
The conferees are aware that two of the three Virtual
Airspace Modeling and Simulation (VAMS) programs being
developed for the Federal Aviation Administration have been
fully funded in NASA's budget submission. The conferees also
note that the third program, Display System Replacement (DSR)
enhancements, is a two-year, $15,000,000 effort that has not
received adequate funding in the request. Because of the
importance of these programs, the conferees expect that NASA
fully fund all three programs in fiscal year 2004, including
$8,000,000 for DSR, and provide sufficient resources in the
fiscal year 2005 submission to ensure their completion by the
close of the fiscal year.
The conferees direct NASA to task the GSFC EOSDIS Project
Office to develop the initial baseline architecture and
information technology blueprint for the future EOSDIS
andexpect this activity to mirror the direction proposed in Senate
Report 108-143. The conferees wish to reiterate that all future earth
science enterprise missions should take full advantage of the existing
EOSDIS system rather than creating individual ``stove pipe'' ground
systems that will diminish the integrated architecture developed over
the last dozen years.
The conferees are aware that technical problems affecting
the Landsat 7 satellite threaten the nation's ability to
continue providing land remote sensing data. The Land Remote
Sensing Policy Act of 1992 (P.L. 102-555) directed the Landsat
Program Manager to evaluate the options for a successor land
remote sensing system to Landsat 7 and set forth four options
for developing a successor system. To ensure that the U.S.
Government does not experience a loss of remote land sensing
capabilities which would jeopardize the nation's domestic,
foreign policy and national security interests, the conferees
instruct NASA to immediately begin developing a successor to
the Landsat 7 system in accordance with P.L. 102-555.
Furthermore, the conferees instruct NASA, working in
conjunction with the United States Geological Survey, to
develop a successor system that may be implemented in the near
term based on the remaining options cited in the Land Remote
Sensing Policy Act. It is the conferee's expectation that NASA
will include in its FY 2005 budget justification a detailed
plan and timeline for developing a successor system to Landsat
7.
The conferees have provided an additional $8,500,000 for
the NPOESS Preparatory Project to initiate the mission's
science data system through the EOSDIS Core System at the
Goddard Space Flight Center. Such a system should have
capabilities to: process Level 1 data; distribute it to not
less than five Climate Analysis and Research Systems (CARS) for
higher level processing; and archiving all Level 1 data and
products resulting from higher level processing activities. The
conferees believe NASA, through the GSFC-ECS, must assume
responsibility for this critical portion of the NPP to avoid
significant gaps in the utilization of the mission's data and
expect NASA to subsequently budget for it beyond fiscal year
2004.
The conferees agree, that within the total funding
provided, $25,325,000 shall be for the National Space Grant
College and Fellowship program as specified in the House report
and $10,000,000 shall be for the EPSCoR program.
The conferees agree to the following additions to the
budget submission:
1. $1,000,000 for the GSFC COM Simulation Architecture
Project;
2. $1,000,000 for the Alabama Supercomputer Education
Outreach program;
3. $1,000,000 for the Pulsed Power and Energetic Research
Center at the University of Huntsville, Alabama;
4. $1,000,000 for Science, Engineering, Math and
Aerospace Academy programs. The Academy is to be established at
Albany State College in Georgia;
5. $250,000 for the National Science Center Foundation of
Augusta, Georgia for its Learning Logic Program;
6. $1,000,000 for aircraft engine research, including
research being done in conjunction with the Department of
Defense;
7. $150,000 for the North Alabama Planetarium Initiative;
8. $900,000 to Alabama A&M University--Advanced Space
Propulsion Material Research and Technology Center;
9. $1,500,000 to the BizTech High Technology Business
Incubator;
10. $2,000,000 to the In-Space Propulsion program for
High-Power Pulsed Inductive Thruster technology research,
utilizing a vector inversion pulsed generator to pre-ionize the
propellant at an exceptionally high frequency;
11. $1,000,000 for remote sensing infrastructure at the
University of Miami Center for Southeastern Tropical Remote
Sensing (CSTARS) in Miami-Dade County, Florida;
12. $500,000 for Southeast Missouri State University's
NASA Educator Resource Center;
13. $2,200,000 for the Education Advancement Alliance in
Philadelphia, Pennsylvania for education grants and
scholarships;
14. $250,000 for Rutgers for continued construction of a
research and teaching facility on its Busch Campus in
Piscataway, New Jersey;
15. $250,000 for Middle Tennessee State University for K-
12 Science Education Enhancements;
16. $500,000 for the Northwestern University's Institute
for Proteomics and Nanotechnology;
17. $2,300,000 for the NASA--Illinois Technology
Commercialization Center at DuPage County Research Park;
18. $300,000 to develop a high temperature nanotechnology
research program;
19. $300,000 for a national Communications, Navigation,
and Surveillance test bed;
20. $300,000 for the Biological and Physical Research
Rack on the ISS;
21. $500,000 for the Industrial Technology Institute at
Cleveland State University;
22. $800,000 for an Aerospace Education Center in
Cleveland, Ohio;
23. $800,000 for the Glennan Microsystems Initiative;
24. $200,000 for the Bowling Green State University
Hybrid Engine project;
25. $500,000 for the Ohio View Consortium;
26. $1,300,000 for the University of Toledo Turbine
Institute;
27. $1,000,000 for the Garrett Morgan Commercialization
Initiative in Ohio;
28. $200,000 for the Adler Planetarium in Chicago,
Illinois for its Cosmic Gateway Teacher Training program;
29. $1,000,000 for Michigan SATS Incorporated;
30. $2,000,000 for the Michigan Technology
Commercialization Corporation to identify and develop new
medical materials and technologies which have the ability to
provide low cost alternatives to current therapies;
31. $300,000 for the Center for Science and Mathematics
at the University of Redlands, California;
32. $2,500,000 for continued Space Radiation Research at
Loma Linda University Medical Center;
33. $300,000 for Fulton Montgomery Community College in
Johnstown, New York for the Spatial Information Technology
Center;
34. $1,000,000 for the Goddard Space Flight Center's
Clustering and Advanced Visual Environments Initiative;
35. $1,500,000 for on-going activities in support of NASA
Dryden Flight Research Center's Intelligent Flight Control
System (IFCS) research project;
36. $1,500,000 for on-going activities of the Goddard
Institute for Systems, Software, and Technology Research,
including mission design tools, Earth science analysis, and
remote sensing instrumentation development;
37. $2,500,000 for the Institute for Scientific Research,
Inc. for research related to transversable access to orbit;
38. $1,700,000 for continued development of a lightweight
carrier pallet to support the Hubble Space Telescope Program;
39. $4,000,000 for NASA's Independent Verification and
Validation Facility;
40. $15,000,000 for the Institute for Scientific
Research, Inc. for development and construction of research
facilities;
41. $750,000 for the NASA Goddard Commercial Technology
program only to fund the full implementation of the Earth Alert
Project;
42. $500,000 for the NASA Specialized Center for Research
and Training in Gravitational Biology at North Carolina State
University;
43. $1,000,000 to the University of North Carolina at
Chapel Hill for the Morehead Planetarium and Science Center;
44. $1,500,000 to the MCNC-Research and Development
Institute (RDI) to establish a Laboratory for Distributed
Chemical and Biological Sensors;
45. $500,000 for the Montana Aerospace Development
Authority;
46. $1,500,000 for Idaho State University for the
Temporal Land Cover Change Research Program;
47. $1,500,000 for the Idaho National Engineering and
Environmental Laboratory for development of performance,
safety, and mission success tools for NASA programs;
48. $500,000 for continuation of emerging research that
applies remote sensing technologies to forest management
practices at the State University of New York, College of
Environmental Sciences and Forestry;
49. $500,000 for the development of an Aircraft Radio
Guidance System (ARGUS) utilizing a new radio frequency
interferometer that will provide two or three dimensional
navigation guidance for airborne, space or surface vehicles;
50. $1,000,000 for the Advanced Interactive Discovery
Environment engineering research program at Syracuse
University;
51. $1,500,000 for Integrated Sensing Systems at the
Rochester Institute of Technology;
52. $2,000,000 to research Secure Automatic Dependent
Surveillance Broadcast (ADS-B) Surveillance data link
technology for enhanced aviation security and general aviation
airspace access;
53. $2,000,000 for Cryogenic Power Electronics
Development at the State University of New York at Albany;
54. $2,000,000 for the JASON Foundation;
55. $2,000,000 for the Regional Application Center for
the Northeast;
56. $2,550,000 for the Fractional Aircraft Ownership Test
Program;
57. $3,000,000 in the Computing, Information and
Communications Technology Program (CICT) for High Information
Density Approaches to Mobile Broadband Internet Communications;
58. $4,000,000 for new Adaptive Surveillance Techniques
for Airport Surface Safety;
59. $4,500,000 for the National Center of Excellence in
Infotonics in Rochester, New York;
60. $4,500,000 for the National Center of Excellence in
Bioinformatics in Buffalo, New York;
61. $4,500,000 for a new Science Center at St.
Bonaventure University in New York State;
62. $5,000,000 for Project SOCRATES;
63. $6,000,000 for the continuation of the Space Alliance
Technology Outreach Program, including $2,500,000 for business
incubators in Florida and New York;
64. $175,000 to the Astronaut Memorial Foundation for the
Columbia STS 107 addition to the National Space Mirror Memorial
at Kennedy Space Center;
65. $900,000 for the Florida Institute for Technology in
Melbourne, Florida for a Hydrogen Production, Fuel Cell and
Sensor Technology Initiative;
66. $1,900,000 for replacement and upgrade of equipment
at Kennedy Space Center;
67. $300,000 for the Florida State University Challenger
Learning Center;
68. $500,000 to the University of South Florida Center
for Space Cellular and Macromolecular Biotechnology;
69. $8,000,000 for the Florida State University System
Hydrogen Research Initiative;
70. $1,000,000 to the Little River Canyon field school;
71. $1,000,000 to the Tulane Institute for Macromolecular
Engineering and Science for research on polymers;
72. $7,500,000 for the implementation of a remote data
store at the NASA IV&V Facility, to be distributed as follows:
no less than fifty percent of appropriated funds are for the
acquisition of data storage hardware and software including,
but not limited to, content addressable storage technologies;
remaining funds are provided for communications, facility and
integration services at the IV&V Facility to support data
backup, recovery, and on-line access capabilities for the
Goddard Space Flight Center (GSFC) ECS program;
73. $2,250,000 for the University of Alabama in
Huntsville for the Center for Modeling Simulation and Analysis;
74. $3,000,000 for Solar Probe mission within available
funds;
75. $1,000,000 to Utah State University, Logan, Utah for
the Calibration Center;
76. $1,500,000 to Montana State University-Bozeman for
the Center for Studying Life in Extreme Environments;
77. $750,000 to Montana State University-Bozeman for the
Space Science and Engineering Lab;
78. $1,000,000 to the University of Idaho in Moscow,
Idaho for advanced microelectronics and biomolecular research;
79. $1,500,000 to the Glenn Research Center for the
Advance Power Systems Institute;
80. $2,000,000 to New Mexico State University for the
ultra-long balloon program to augment planned flights and
technology development;
81. $2,000,000 to Texas Tech University in Lubbock, Texas
for equipment at the Experimental Sciences Building;
82. $1,000,000 to the University of Texas, Austin for
nanomedicine;
83. $1,000,000 to Texas A&M University in College Station
for the Space Engineering Institute;
84. $2,000,000 for the Stennis Space Center for the
commercial technology program;
85. $1,400,000 to the University of New Orleans,
Louisiana for the Composites Research Center of Excellence and
for the development of advanced manufacturing technologies at
Michoud Space Center;
86. $2,500,000 to Marshall University, Bridgeport, West
Virginia for the Hubble Telescope Project;
87. $2,300,000 to the University of North Dakota, Grand
Forks, North Dakota for the Northern Great Plains Space Science
and Technology Center;
88. $2,000,000 for University of Maryland, Baltimore
County for photonics research;
89. $8,000,000 for mission formulation studies for EOS
follow-on missions;
90. $23,000,000 for EOSDIS Core System Synergy Program of
which $2,000,000 is for the Northwest Collaboratory at the
Pacific Northwest National Laboratory;
91. $1,500,000 to George Mason University, Fairfax,
Virginia for the Center for Earth Observing and Space Research
Mid-Atlantic Geospatial Information Consortium;
92. $1,000,000 to Utah State University, Logan, Utah for
the Intermountain Region Digital Image Archive and Processing
Center;
93. $2,500,000 to the University of Mississippi for the
Enterprise for Innovative Geospatial Solutions;
94. $2,000,000 to Mississippi State University for the
Geospatial and Natural Resources Institute;
95. $1,600,000 to the University of New Mexico for the
Center for Rapid Environmental Assessment and Terrain
Evaluation;
96. $3,000,000 for the University of Alaska for weather
and ocean research;
97. $1,000,000 to Glenn Research Center for the John
Glenn Biomedical Engineering Consortium;
98. $1,250,000 to Space Sciences Inc. for microgravity
related pharmaceutical development;
99. $2,500,000 for Marshall Space Flight Center for the
Propulsion Materials Microgravity Research project;
100. $2,000,000 for the University of Missouri
Bioinformatics Consortium for equipment purchase;
101. $1,500,000 for Truman State University Life Sciences
for laboratory equipment;
102. $5,000,000 for the development of an aeronautics
research budget covering the next 5 years. It is expected that
air traffic management will also be included within this
budget. Funds shall be allocated to the National Institute for
Aerospace for contracting with industry and academia to prepare
such a budget plan no later than March 1, 2004;
103. $15,000,000 for future aircraft research with a
priority on supersonic flight technologies;
104. $15,000,000 for future aviation systems including a
priority on aviation security and air traffic management;
105. $15,000,000 for continued development of flight
technologies with direct application to military vehicles;
106. $3,000,000 to Wichita State University, Wichita,
Kansas for the National Center for Composite Materials
Performance;
107. $1,000,000 to Wichita State University, Wichita,
Kansas for the Critical Aircraft Icing project;
108. $2,000,000 to Glenn Research Center for the
commercial technology program;
109. $2,500,000 to Stennis Space Center for
infrastructure improvements;
110. $1,000,000 to Stennis Space Center for relocation of
the visitors center. NASA is also directed to submit a funding
plan to the Committee for the visitors center;
111. $1,000,000 to the Delaware Aerospace Education
Foundation, Kent County, Delaware;
112. $2,000,000 to Wheeling Jesuit University for the
National Technology Transfer Center;
113. $1,000,000 to the Virginia Commonwealth University,
Richmond, Virginia for advanced research in batteries and fuel
cells;
114. $1,500,000 to the University of Montana in Missoula,
Montana for the National Space Privatization Program;
115. $2,000,000 for the Denver Museum of Nature and
Science in Denver, Colorado for equipment for the Space Science
Museum;
116. $1,500,000 for the Adventure Science Center in
Nashville, Tennessee for the Sudekum Planetarium;
117. $500,000 for the University of Northern Iowa in
Cedar Falls, Iowa for the Existing Business Enhancement
Program;
118. $1,300,000 for Iowa State University for the
PIPELINES Project;
119. $1,000,000 for the Metropolitan School District of
Decatur Township Indiana for the Challenger Learning Center
Expansion;
120. $1,700,000 for Northern Kentucky University/
University of Louisville for a digital science center;
121. $1,000,000 for the Oregon Museum of Science and
Industry for the space science education distance learning
program;
122. $1,000,000 for Southeast Missouri State University
for the NASA ERSC Outreach Project;
123. $1,500,000 for Dominican University's Center for
Science and Technology for project based learning;
124. $200,000 to Wheeling Jesuit University for Classroom
of the Future;
125. $2,000,000 to the University of Connecticut for the
Center for Land Use Education and Research;
126. $2,000,000 to Iowa State University, Ames, Iowa for
non-destructive evaluation studies;
127. $500,000 to the Des Moines Science Center, Des
Moines, Iowa;
128. $2,000,000 for the School of Science and Mathematics
at the College of Charleston, Charleston, South Carolina;
129. $3,000,000 to the University of Hawaii, Hilo for the
Mauna Kea Astronomy Education Center;
130. $1,500,000 to Space Education Initiative, Wisconsin
for the Wisconsin Geoscience Education initiative;
131. $1,000,000 to the Youth Achievers Committee of New
Jersey, Burlington County, New Jersey for the Youth Achievers
Committee Science and Math Initiative;
132. $500,000 to the University of Vermont, Burlington,
Vermont for the Center for Advanced Computing;
133. $1,000,000 to Wayne State University, Detroit,
Michigan for the Center of Smart Sensors and Integrated
Microsystems;
134. $1,000,000 for Wellpinit School District in
Wellpinit, Washington for the Virtual Classroom Project;
135. $1,500,000 for the Mitchell Institute, Portland,
Maine for the science and engineering education endowment;
136. $1,500,000 for the Arkansas Center for Space and
Planetary Sciences;
137. $600,000 for the Challenger School in Kenai, Alaska;
138. $8,500,000 for the NPOESS data science system;
139. $1,000,000 for the Dole Scholarship Program;
140. $1,800,000 for the City College of New York for a
community-based science and technology education facility;
141. $3,000,000 for technology development necessary to
ensure the Satellite Test of the Equivalence Principle mission
can move forward;
142. $3,000,000 to be transferred to the Air Force
Research Lab to develop and deploy Interactive Data Wall
technology;
143. $3,000,000 to be transferred to the Air Force for
joint research on emerging areas of computing, including grid
computing, quantum and biomolecular information processing
technology; and
144. $3,000,000 to be transferred to the Air Force
Research Lab to develop dual-use lightweight space radar
technology.
OFFICE OF INSPECTOR GENERAL
Appropriates $27,300,000 for the Office of Inspector
General instead of $26,300,000 as proposed by both the House
and Senate. The conferees have agreed to a higher funding level
to ensure the Inspector General has the resources to hire
sufficient staff with technical expertise to monitor long-term
compliance with the recommendations of the Columbia Accident
Investigation Board (CAIB). The conferees also believe the
Inspector General should work closely with the Return to Flight
Task Group, the Stafford-Covey group, as it reviews NASA's
implementation of the CAIB recommendations. The conferees
direct the Inspector General to report on efforts to hire
additional technical staff to the Committees on Appropriations
of the House and Senate by June 30, 2004.
The conferees agree with the direction contained in the
Senate report regarding a review of NASA's contract procedures
and conventions to determine reforms which may lead to cost
savings.
ADMINISTRATIVE PROVISIONS
The conferees have included five administrative
provisions which were in both the House and Senate bills. The
conferees have not included a provision on the working capital
fund as proposed by the Senate. The conferees have not included
a Senate provision which would have prohibited NASA from using
any funds to compensate any person who contracts with NASA if
that individual had selected early retirement or taken a buy-
out from NASA.
The conferees agree with the Senate direction that NASA
report on the budgetary impact of its proposed reforms to its
personnel practices.
The conferees agree with the Senate direction that NASA
should contract with the National Academy of Public
Administration on the organizational structure of NASA
headquarters and field operations.
National Credit Union Administration
CENTRAL LIQUIDITY FACILITY
Provides limitation of $1,500,000,000 on CLF lending
activities from borrowed funds as proposed by the House and
Senate.
The conferees direct NCUA to provide quarterly reports on
lending activities of the CLF through September 2004.
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
Appropriates $1,200,000 instead of $1,000,000 as proposed
by the House and $1,500,000 as proposed by the Senate. Within
this amount, $1,000,000 is provided to augment funds available
for technical assistance grants for fiscal year 2004 and
$200,000 is available until expended for loans to community
development credit unions.
National Science Foundation
The conferees agree that the National Science Foundation
is to abide by the reprogramming requirements set forth in the
beginning of the statement of the managers.
RESEARCH AND RELATED ACTIVITIES
Appropriates $4,276,600,000 for research and related
activities instead of $4,306,360,000 as proposed by the House
and $4,220,610,000 as proposed by the Senate. The conferees
have included bill language which provides up to $345,000,000
for polar research and operations support and $90,000,000 for a
comprehensive research initiative on plant genomes for
economically significant crops.
The conference agreement provides $4,276,600,000 for
ongoing and new research priorities of the Foundation, an
increase of over $220,140,000 above the fiscal year 2003 level.
Within the very severe overall fiscal constraints imposed on
the conferees for fiscal year 2004, the managers have given
their highest priority to funding basic research within the
research and related activities account. This account supports
investigator-initiated grants within each of the core
disciplines as well as critical cross-cutting research which
brings together multiple disciplines. The conferees urge the
Foundation in allocating the scarce resources provided in this
bill and in preparing its fiscal 2005 budget request to be
sensitive to maintaining the proper balance between the goal of
stimulating interdisciplinary research and the need to maintain
robust single issue research in the core disciplines.
The conferees direct NSF to include multi-year budget
estimates and future budget impacts for multi-disciplinary and
mid-level activities in the annual operating plan and in future
budget requests.
The specific funding level for each of NSF's research
activities is as follows:
----------------------------------------------------------------------------------------------------------------
House Report 108- Senate Report Conference
Directorate FY 2004 request 235 108-143 agreement
----------------------------------------------------------------------------------------------------------------
Biological Sciences..................... $562,220,000 $586,841,000 $577,220,000 $592,000,000
Computer & Information Science & 584,260,000 609,846,000 609,390,000 609,600,000
Engineering............................
Engineering............................. 536,570,000 560,067,000 550,000,000 561,000,000
Geosciences............................. 687,920,000 718,045,000 692,210,000 719,000,000
Mathematical & Physical Sciences........ 1,061,270,000 1,107,745,000 1,085,870,000 1,100,000,000
Social, Behavioral & Economic Sciences.. 211,740,000 221,012,000 206,740,000 205,000,000
Polar Programs.......................... 329,930,000 350,000,000 341,730,000 345,000,000
Integrative Activities.................. 132,450,000 147,804,000 157,450,000 145,000,000
----------------------------------------------------------------------------------------------------------------
From the amount provided for Biological Sciences,
$90,000,000 has been provided for plant genome research on
economically significant crops.
From the amount provided for Computer and Information
Science and Engineering, up to $225,000,000 of the appropriated
level may be used for information technology research and not
less than $20,000,000 may be used for cyberinfrastructure
initiatives.
From Mathematical and Physical Sciences, $55,310,000 is
for the National Radio Astronomy Observatory program of which
$9,400,000 is provided for the Expanded Very Large Array;
$10,300,000 is for the Green Bank Observatory; and $4,600,000
is for studies and repairof the Green Bank Observatory. The
conferees recommend $6,000,000 for continued advanced planning of the
Rare Symmetry Violating Process project.
Of the amount for Social Behavioral and Economic
Sciences, $6,000,000 is for the Children's Research Initiative.
The conferees direct NSF to provide details on the
funding levels for research and logistics within the U.S. Polar
Research Programs in the fiscal year 2004 operating plan.
From the funds provided for Integrative Activities,
$110,000,000 is provided for Major Research Instrumentation. To
the extent possible, NSF should utilize funds in excess of the
budget request to support the merit-based instrumentation and
infrastructure needs of developing, HBCU, and other minority-
serving colleges and universities.
The conference agreement includes $255,000,000 for
nanotechnology programs throughout the directorates, an
increase of $34,000,000 over fiscal year 2003.
The Conferees direct NSF to include the multi-year budget
estimates for all multi-disciplinary and mid-level activities
in the annual operating plan and in future budget requests.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
Appropriates $155,900,000 for major research equipment
and facilities construction instead of $192,330,000 as proposed
by the House and $149,680,000 as proposed by the Senate.
Included within the appropriated amount is $51,000,000 for
construction of the Atacama Large Millimeter Array aperture-
synthesis radio telescope; $43,500,000 for EarthScope;
$42,000,000 for continued research and development of the
IceCube Neutrino Detector Observatory in Antarctica; $8,100,000
for the George E. Brown, Jr. Network for Earthquake Engineering
Simulation; $1,300,000 for construction costs associated with
the Amundson-Scott South Pole Station; and $10,000,000 for
support of the Terascale Computing System and the Distributed
Terascale Facility.
The conferees have not provided funding for the National
Ecological Observatory Network (NEON) without prejudice. The
conferees direct NSF to consider the recommendations in the
National Academy of Sciences report and continue to refine the
NEON plan from funds provided under research and related
activities.
The conferees have not provided funding for the
Integrated Ocean Drilling Program (IODP) and instead expect to
see funding for this project proposed in the fiscal year 2005
request as stated in the fiscal year 2004 budget justification.
The conferees reiterate language included in the Senate
report directing NSF to develop with the National Science Board
funding criteria for major projects; directing NSF to identify
all equipment, facility, and infrastructure-related costs over
$5,000,000 in the fiscal year 2005 budget request; and
directing the Deputy Director of Large Facility Projects to
develop guidelines and a cost tracking system to ensure cost
oversight.
EDUCATION AND HUMAN RESOURCES
Appropriates $944,550,000 for education and human
resources instead of $910,680,000 as proposed by the House and
$975,870,000 as proposed by the Senate. The conferees agree to
the following funding levels and directives within this
account:
----------------------------------------------------------------------------------------------------------------
House Report Senate Report Conference
Program FY 2004 request 108-235 108-143 agreement
----------------------------------------------------------------------------------------------------------------
Math & Science Partnership.............. $200,000,000 $140,000,000 $145,000,000 $140,000,000
EPSCoR.................................. 75,000,000 90,000,000 100,000,000 95,000,000
Elementary, Secondary & Informal 194,450,000 204,450,000 209,450,000 207,000,000
Education..............................
Undergraduate Education................. 142,100,000 146,440,000 172,810,000 162,940,000
Graduate Education...................... 156,880,000 156,880,000 156,880,000 156,880,000
Human Resources Development............. 103,410,000 106,710,000 125,530,000 116,530,000
Research, Evaluation & Communication.... 66,200,000 66,200,000 66,200,000 66,200,000
----------------------------------------------------------------------------------------------------------------
The conferees direct NSF to submit a report by May 1,
2004, on the status of all the States participating in the
Experimental Program to Stimulate Competitive Research (EPSCoR)
program, and to include within this report the progress of each
eligible state towards graduation from the EPSCoR program.
Within the level of funding for Elementary, Secondary and
Informal Education, $62,500,000 has been provided for the
Informal Science Education program.
Of the amount appropriated for Undergraduate Education,
$45,500,000 has been provided for the Advanced Technological
Education program; $25,000,000 is for the STEM Talent Expansion
Program; and $8,000,000 is for the Robert Noyce Scholarship
Program. No funds are provided for the Workforce for the 21st
Century program.
The conferees have provided sufficient funding in fiscal
year 2004 to reach a graduate stipend level of $30,000.
Within the funding level for Human Resource Development,
$34,500,000 is provided for the Louis Stokes Alliances for
Minority Participation program; $24,000,000 is provided for the
Historically Black Colleges and Universities Undergraduates
(HBCU) Program; $15,000,000 is provided for the Alliance for
Graduate Education and Professoriate; and $15,000,000 is
provided for the Centers of Research Excellence in Science and
Technology (CREST) program and the HBCU Research University
Science and Technology (THRUST) initiative within CREST. While
the conferees agree that eligibility for THRUST should not
exclude CREST recipients, NSF is directed to first use fiscal
year 2004 program funds to fully fund multi-year awards to
recipients of THRUST.
SALARIES AND EXPENSES
Appropriates $220,000,000 for salaries and expenses
instead of $215,900,000 as proposed by the House and
$225,700,000 as proposed by the Senate.
The conference agreement provides $2,500,000 for the
administrative, management, and enterprise architecture
evaluation contract underway. The conferees strongly urge the
Foundation to give highest priority to enterprise architecture
work products and information technology implementation. The
conferees request that the National Science Board and the
Inspector General review the proposed project plan and provide
comment to the Committees on Appropriations by March 1, 2004.
The conferees request that the Director of the Office of
Personnel Management conduct a review of NSF policies and
practices regarding use of temporary term employees, known as
``rotators'', and report the findings to the Director of the
Foundation and the Committees on Appropriations not later than
March 1, 2004. The conferees request that this review focus on
the percentage of the NSF professional workforce staffed
through temporary appointments and its impact on the career
civil service system at NSF, the use of temporary appointments
to staff the most senior positions at NSF including the heads
of its science Directorates, and the level of compensation paid
to individuals filling senior staff appointments through
temporary appointments. Further, the conferees direct that
future budget requests will consolidate the costs of all
temporary employees, including employees covered under inter-
governmental personnel agreements, under this heading.
The conferees direct NSF to enforce the existing policy
providing NSF employee travel from this account.
The conferees direct NSF to designate a senior-level
manager at the Foundation responsible for assisting minority
serving institutions working with the Foundation.
OFFICE OF THE NATIONAL SCIENCE BOARD
Appropriates $3,900,000 for the National Science Board as
proposed by the Senate, instead of $3,800,000 as proposed by
the House. A representational allowance of $9,000 has been
provided for the Board.
The conferees agree that NSF will continue to provide
support for the preparation of the Science and Engineering
Indicators report, plus all other activities as in previous
years. The conferees direct the Foundation to include budget
justification materials for the Board as a separate account in
future budget requests to the Congress.
OFFICE OF INSPECTOR GENERAL
Appropriates $10,000,000 for the Office of Inspector
General as proposed by both the House and the Senate.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
Appropriates $115,000,000 for the Neighborhood
Reinvestment Corporation as proposed by both the House and
Senate.
Language is included in the bill which designates
$5,000,000 to support the Corporation's multi-family rental
housing program, as proposed by the Senate.
ADMINISTRATIVE PROVISION
Language is included as an administrative provision, as
proposed in the budget submission, which amends the
Neighborhood Reinvestment Corporation Act to bring the
Corporation's compensation practices in line with those of
federally chartered non-profit corporations.
Selective Service System
SALARIES AND EXPENSES
Appropriates $26,308,000 for salaries and expenses as
proposed by the Senate instead of $28,290,000 as proposed by
the House. The conference agreement does not include language
proposed by the Senate which prohibits the system from using
funds to support the Corporation for National and Community
Service. However, the conferees direct the Selective Service
System to discontinue providing information about the
Corporation in the future.
TITLE IV--GENERAL PROVISIONS
The conference agreement includes the following
dispositions of General Provisions:
Retains fourteen general provisions proposed by both the
House and the Senate, all of which were included in the fiscal
year 2003 Act.
Deletes language proposed by the Senate prohibiting the
obligation or expenditure of funds unless the contract has been
awarded and entered into in full compliance with the Office of
Federal Procurement Policy Act.
Retains language proposed by the Senate regarding the
Buy-America Act.
Retains language proposed by the House limiting the
transfer of funds in this Act to the authority provided by this
Act.
Retains language proposed by the House establishing new
full cost accounting appropriations accounts for the National
Aeronautics and Space Administration.
Retains language proposed by the House regarding outreach
and marketing efforts to enroll veterans in the Veterans Health
Administration. A similar amendment was proposed by the Senate.
Retains language proposed by the House and Senate
prohibiting funds from being used to estimate the values for
adult premature mortality that differ based on the age of the
adult.
Retains language proposed by the House expressing a Sense
of the Congress that no veteran should wait more than thirty
days for a doctor's appointment.
Retains language proposed by the Senate expressing a
Sense of the Congress that human dosing studies of pesticides
raise ethical and health questions. The House bill included a
related provision.
Retains language proposed by the House prohibiting the
use of any NASA funds to be used for voluntary separation
incentive payments if those incentives result in the loss of
skills related to the safety of the Space Shuttle or the
International Space Station.
Retains language proposed by the Senate providing States
administering the Community Development Block Grant (CDBG)
programs flexibility in the use of funds for administrative
expenses and technical assistance. While such flexibility has
been provided, the conferees expect the States to ensure that
appropriate technical assistance is provided to localities
receiving funds under the CDBG program.
Deletes a provision proposed by the Senate authorizing
appropriations for sewer overflow grants. This conference
agreement deletes this provision without prejudice, instead
referring the matter to the relevant authorizing committees.
Retains a provision proposed by the Senate expanding a
National Academy of Sciences study on New Source Review rules.
Retains a provision proposed by the Senate regarding
harmonization of dates related to air quality standards for
particulate matter and regional haze.
Includes modified language, similar to language proposed
by the Senate recognizing the six Pioneer Homes in Alaska as
eligible for per diem payments under the Department of Veterans
Affairs state home program.
The conferees have included a new general provision which
provides authority for the NASA Administrator to exceed the
limitation on claims contained in the National Aeronautics and
Space Act of 1958.
Deletes language proposed by the Senate regarding Agent
Orange studies without prejudice. Instead, the conferees direct
the VA to report by February 27, 2004, on the Department's
future plans for epidemiological research on Vietnam veterans
exposed to Agent Orange as recommended in April 2003 by the
Institute of Medicine (IOM), including the Department's future
resource needs for these studies. The conferees strongly
encourage VA to consult with the IOM on this matter.
Deletes language proposed by the Senate providing
enhanced-use lease authority at the Charleston VA Medical
Center.
Deletes language proposed by the Senate regarding VA-Navy
facilities sharing in North Chicago and instead addresses this
matter in report language under title I.
Deletes language proposed by the Senate regarding
international jurisdictional issues.
Deletes language proposed by the Senate regarding health
care for veterans in rural areas and instead addresses this
matter in report language under title I.
The conferees have not included language proposed by the
Senate specifying the allocation of funds among Native American
tribes under the NAHASDA block grant program.
The conferees have not included language proposed by the
Senate establishing a new rural housing for teachers program
under the Denali Commission.
Deletes language proposed by the Senate in this title
regarding the public housing operating subsidy formula and
instead includes modified language under administrative
provisions in title II.
Deletes language expressing the Sense of the Senate on
the section 8 voucher program.
Deletes language proposed by the Senate regarding the
Paul and Sheila Wellstone Center and instead includes funding
for this activity under the Community Development Fund in title
II. The House did not include a similar provision.
Deletes language proposed by the Senate requiring the HUD
Secretary to extend certain Moving to Work agreements and to
require a study.
Deletes a provision proposed by the Senate regarding
VISTA volunteer education awards. Instead, the conferees have
included report language in title III.
Deletes a provision proposed by the Senate regarding
rulemaking for AmeriCorps programs and instead includes a
similar provision in title III.
Includes a provision which sets certain requirements for
the EPA and States regarding the regulation of engines under 50
horsepower.
TITLE V--PESTICIDE PRODUCTS AND FEES
The conference agreement modifies a provision proposed by
the Senate which provides for the collection of certain
pesticides fees through fiscal year 2008.
Conference Total--With Comparisons
The total new budget (obligational) authority for the
fiscal year 2004 recommended by the Committee of Conference,
with comparisons to the fiscal year 2003 amount, the 2004
budget estimates, and the House and Senate bills for 2004
follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2003... 123,003,816
Budget estimates of new (obligational) authority, fiscal
year 2004........................................... 126,344,797
House bill, fiscal year 2004............................ 126,943,148
Senate bill, fiscal year 2004........................... 128,243,712
Conference agreement, fiscal year 2004.................. 128,243,693
Conference agreement compared with:
New budget (obligational) authority, fiscal year
2003.............................................. +5,239,877
Budget estimates of new (obligational) authority,
fiscal year 2004.................................. +1,898,896
House bill, fiscal year 2004........................ +1,300,545
Senate bill, fiscal year 2004....................... -19
DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS
(INCLUDING RESCISSIONS OF FUNDS)
(INCLUDING TRANSFER OF FUNDS)
Sec. 101. The conference report includes language
regarding the Conservation Security Program.
Sec. 102. This section redirects funds provided by P.L.
108-106 from the Emergency Preparedness and Response, Disaster
Relief account to the Forest Service and Natural Resources
Conservation Service and other accounts in the Department of
Agriculture which fund critically needed wildfire, forestry and
watershed protection services in response to the unprecedented
wildfire emergencies which recently devastated portions of
southern California. The emergency declaration does not
increase emergency spending beyond what was designated in P.L.
108-106.
Sec. 103. The conference agreement provides additional
funding for reimbursement to State and local law enforcement
agencies for security costs associated with the 2004
Presidential Candidate Nominating Conventions. The conference
agreement provides not more than $25,000,000 each for New York
City and Boston. The Department of Justice is directed to
submit a report to the Committees on Appropriations detailing
how these funds are allocated. The report shall include a list
of State and local law enforcement agencies receiving
reimbursements including the amount and purpose for which each
agency received reimbursement.
Sec. 104. The conference agreement includes language
establishing the Commission on the Abraham Lincoln Study Abroad
Fellowship Program, and providing $500,000 for this purpose.
Sec. 105. The conference agreement includes language
regarding a Northeast Multispecies Fishery Management Plan.
Sec. 106. The conference agreement includes an additional
$16,000,000 for the United States Supreme Court, Care of the
Building and Grounds account.
The conference agreement includes a general provision
which transfers previously appropriated Navy acquisition funds
to provide a $49,000,000 increase for the advance procurement
and full funding of the Virginia class submarine and a
$19,600,000 increase for additional requirements for the
refueling of the SSN-715. The conferees understand that
$9,200,000 is available from fiscal year 2004/2005 Research,
Development, Test and Evaluation, Navy funds made available for
New Design SSN and Advanced Submarine Systems Development. The
conferees direct that the $9,200,000 reduction be applied
solely to projects included in the base program requested in
the fiscal year 2004 budget and applied equally to both New
Design SSN and Advanced Submarine Systems Development programs.
The conferees request that a breakout of the application of
this reduction be provided to the congressional defense
committees within 30 days of enactment of this Act. The
conferees further understand that $8,000,000 of the funds
appropriated in fiscal year 2003 and $11,800,000 of the funds
appropriated in fiscal year 2004 for outfitting, post delivery,
conversions, and first destination transportation are in excess
to current requirements and therefore available for
reprogramming. The conferees direct that these reductions be
equitably applied to the ships and submarines for which the
funds were originally requested.
The conference agreement includes a general provision
which makes technical adjustments to section 724 of the
National Defense Authorization Act for Fiscal Year 1997, as
amended by the National Defense Authorization Act for Fiscal
Year 2004.
The conference agreement includes a general provision
which makes technical adjustments to section 853 of the
National Defense Authorization Act for Fiscal Year 2004.
The conference agreement includes a general provision
which clarifies the application of section 8022 of the
Department of Defense Appropriations Act, 2004 (Public Law 108-
87).
The conference agreement includes a general provision
which provides that from within available Defense Health
Program funding, $3,100,000 is to be used only for the
procurement of Linear Accelerator Radiation Therapy equipment
and associated operating software for Walter Reed Army Medical
Center, and $2,900,000 is to be used only for the Defense and
Veterans Head Injury Program.
The conference agreement includes a general provision
regarding the storage of mercury in the National Defense
Stockpile.
The conference agreement includes a general provision
providing technical adjustments and authority for certain
classified activities provided for in Public Law 107-206 and
described in the classified annexes accompanying that Act and
Public Law 108-11.
The conference agreement includes a general provision
providing direction regarding funds provided in Public Laws
107-117, 107-248, and 108-87 under the heading ``National
Defense Sealift Fund'' for construction of additional sealift
capacity.
DoD-VA Medical Care.--The conferees direct the Secretary
of the Navy to expand the use of the North Chicago VA Medical
Center by the DoD beneficiaries of the Great Lakes region. The
conferees also direct the Secretary to work with the Secretary
of Veterans Affairs to finalize site selection for a joint
Navy/VA ambulatory care center to serve both DoD beneficiaries
and veteran patients. The conferees urge the Secretary to study
siting the clinic adjacent to the North Chicago VA Medical
Center. The Secretary shall report to the Committees on
Appropriations on the site selected by July 30, 2004. The
conferees also understand that the Committees will see a
proposal for design planning and funding construction of this
facility in fiscal year 2006.
Chemical Biological Suit.--The conferees are concerned
with a recent GAO finding that the production of the JSLIST
chemical biological suit worn by U.S. soldiers is dependent
upon a foreign-based, single supply source for its most
critical components. The Joint Program Executive Office for
Chemical and Biological Defense plan to field test and qualify
an off-the-shelf, alternate fabric/membrane to incorporate into
a next generation suit will take three years to complete given
current funding levels. The conferees direct the Department of
Defense to provide necessary funds from those available
immediately to begin field testing and qualification of an
alternate, off-the-shelf fabric/membrane for the JSLIST suit.
Digitization of DoD Technical Manuals.--Within 10 days of
the effective date of this Act, the Secretary of Defense shall
complete the transfer of contract and program administration of
the funds appropriated for the Digitization of DoD Technical
Manuals from the Army to the Marine Corps Systems Command and
shall transfer the balance of unobligated fiscal year 2003
funds and all fiscal year 2004 funds appropriated for this
program from Other Procurement, Army to the ``Auto Test
Equipment Systems'' line in Procurement, Marine Corps. The
Secretary shall ensure that the transfer occurs in a manner
that causes no delays or disruption in the program.
Vaccine Development.--The conferees are aware that there
has been considerable progress made by DARPA on the development
of a therapeutic vaccine for protection against anthrax as a
weapon of bioterrorism. The conferees understand that the
research and development has progressed to the point where
primate and human clinical trials are the next phase. The
conferees encourage the Department of Defense to continue this
important research, and if necessary, use existing
reprogramming authorities to address any fiscal year 2004
funding shortfalls should they emerge.
Philadelphia Military Academy.--The conferees recommend
the Department of Defense establish a Junior ROTC program at
the Philadelphia Military Academy. The Department should
establish this program as quickly as feasible and use funds
previously appropriated for these types of training programs.
Consequence Management Training.--It is the conferees'
intent that the funds appropriated in Public Law 107-248 for
consequence management training at Camp Gruber are to train
both DoD personnel and non-DoD first responders.
Family Assistance and Ombudsman for WRAMC.--The demand
for medical treatment and family assistance has increased
significantly at our military medical facilities. In
particular, there have been almost 2,000 soldiers who have gone
through Walter Reed Army Medical Center (WRAMC) for medical
treatment since the beginning of Operation Iraqi Freedom. The
WRAMC staff has responded exceptionally well to the medical
needs of our injured troops and should be commended for their
work. The conferees, however, are concerned that family members
coming to the Washington, DC area to visit their loved ones are
experiencing transportation and information difficulties once
they arrive. These include difficulties in obtaining and paying
for transportation from airports to Walter Reed and confusion
once they get to Walter Reed regarding lodging, per diem, and
the availability of family assistance resources. The conferees
recommend that the Army establish an Ombudsman program, as part
of the overall family assistance outreach program, to assist
family members of injured soldiers at Walter Reed. This should
include representatives to meet and greet family members at
Walter Reed upon their initial arrival to guide them to their
destination and inform them of available assistance.
Walter Reed Amputee Center.--The conferees are aware of
Walter Reed Army Medical Center's efforts to improve amputee
treatment and rehabilitation, especially in light of the
growing number of injured military members returning from
Operation Iraqi Freedom who require such care. As such, the
conferees direct the Surgeon General of the Army to prepare and
submit an infrastructure improvement plan for the Walter Reed
Amputee Center to the congressional defense committees. The
plan should be submitted not later than January 15, 2004, and
should include a detailed description of the types of
infrastructure improvements needed, a timetable for making
these improvements, and associated cost estimates.
Section 117. The conference agreement includes language
relating to previously appropriated funds for the False Pass,
Alaska, project.
Section 118. The conference agreement includes language
regarding the Central Riverfront Park project on the Ohio River
in Cincinnati, Ohio.
Section 119. The conference agreement includes language
providing for the use of available funds from the Hamlet City
Lake, North Carolina, project to carry out current projects in
Richmond County.
Section 120. The conference agreement includes language
regarding the project for clearing and snagging in Deep River,
near Lake Station, Indiana.
Section 121. The conference agreement includes a
technical correction to Section 117 of H.R. 2754, the Energy
and Water Development Appropriations Act, 2004, relating to the
Idaho, Montana, Rural Nevada, New Mexico, and Rural Utah
project.
Section 122. The conference agreement includes language
providing for the use of available funds from the Savannah
Harbor Deepening Project, Savannah, Georgia, for the Savannah
Harbor Expansion Project.
Section 123. The conference agreement includes language
regarding the Columbia River Channel Improvements project in
Oregon and Washington.
Section 124. The conference agreement includes language
directing the Corps of Engineers to proceed with work to
complete the Stillwater, Minnesota, project.
Black Warrior and Tombigbee Rivers, Alabama.--The
conference agreement on H.R. 2754, the fiscal year 2004 Energy
and Water Development Appropriations Act, included an
additional $1,500,000 for operation and maintenance of the
Black Warrior and Tombigbee Rivers, Alabama, project. Of those
funds, $1,000,000 is to be used to fund the evaluation of a
plan for the relocation of project offices to Tuscaloosa,
Alabama.
Section 125. The conference agreement clarifies that an
additional $166,100,000 is provided in the Energy and Water
Development Appropriations Act, 2004, for offsetting
collections for purchase power and wheeling expenses.
Energy Supply
RENEWABLE ENERGY RESOURCES
In calculating the non-Federal match commitment required
for the Upper Lynn Canal, Alaska, project, non-Federal
resources including cash, personnel, services, and equipment
expended in the last two fiscal years shall be included in
determining whether the non-Federal match requirement has been
fulfilled.
Biomass/biofuels.--The $960,000 earmark for the Mount
Mass CC Bio Wood Gasification Project provided for in the
statement of managers accompanying H.R. 2754 should be properly
titled as the Mount Wachusett Community College Biomass Wood
Gasification Project.
Nuclear Energy
Program Direction.--Of the amount made available for
program direction in the statement of managers accompanying
H.R. 2754, $34,237,000 is assigned to the 050 budget function.
Science
Biological and Environmental Research.--The statement of
managers accompanying H.R. 2754 providing $5,000,000 for the
development of new molecular imaging probes is further
clarified to apply to programs that bring together PET imaging,
systems biology and nanotechnology to develop new molecular
imaging probes. These probes should provide a biological
diagnosis of disease that is informative of the molecular basis
of disease and specific for guiding the development of new
molecular therapies. The programs must bring together chemists,
physicists, biologists, and imaging scientists to produce new
technologies and science in the stated area. The particular
disease orientation is in cancers such as breast, prostrate,
colorectal, melanoma and degenerative neurological disorders
such as Alzheimer's and Parkinson's diseases.
In addition, the $1,000,000 earmark for the Carnegie
Mellon University Green Chemistry Project should be properly
titled as the Carnegie Mellon University Advanced Building
Efficiency Testbed Initiative.
Science Laboratories Infrastructure.--The statement of
managers accompanying H.R. 2754 provides $1,000,000 for excess
facilities disposal for the 88-inch cyclotron at the Lawrence
Berkeley National Laboratory. If the Department of Energy
decides to continue operating the 88-inch cyclotron during
fiscal year 2004, the $1,000,000 should be applied to disposal
of other excess facilities at the Lawrence Berkeley National
Laboratory.
Environmental and Other Defense Activities
Defense Site Acceleration Completion
Accelerated Completions 2035.--The statement of managers
accompanying H.R. 2754 indicates that the conference agreement
provides $1,929,536,000 for Accelerated Completions, 2035, with
the reduction of $49,061,000 below the request due to the
Department-requested adjustment for Oak Ridge cleanup
activities. The statement of managers should be amended to
reflect that $31,851,000 of this reduction represents the
Department-requested adjustment for Oak Ridge cleanup and
$17,210,000 represents a reduction to the overall 2035
subaccount, not specific to Los Alamos, Oak Ridge, or any other
2035 cleanup site.
Other Defense Activities
Environment, Safety and Health (Defense).--Of the funds
made available for transfer to the National Institute for
Occupational Safety and Health for epidemiological studies in
the statement of managers accompanying H.R. 2754, $7,500,000
shall be applied to conduct epidemiological research and other
activities to establish the scientific link between radiation
exposure and the occurrence of chronic lymphocytic leukemia.
Section 127. The conference agreement includes language
related to Sandia National Laboratories in New Mexico.
Section 128. The conference agreement includes language
modifying Section 312 of the Energy and Water Development
Appropriations Act, 2004, and Section 634 of the Energy Policy
Act of 2003 regarding the classification of certain materials
as ``11e.(2) by-product materials''.
Section 129. The conference agreement includes language
making technical corrections to H.R. 6, the Energy Policy Act.
Section 130. The conference agreement includes an
additional $50,000,000 to the Department of Energy's Office of
Science to begin work on the Coralville, Iowa project.
Section 131. The conference agreement includes $250,000
for Biological Sciences at DePaul University; $500,000 for the
Cedars-Sinai Gene Therapy Research Program; and $500,000 for
the Hartford Hospital Interventional Electrophysiology Project.
Section 132. The conference agreement includes $750,000
for the Energy Center of Wisconsin Renewable Fuels Project;
$500,000 for the Wind Energy Transmission Study; $250,000 for
the White Pine County, Nevada, Public School System biomass
conversion heating project; $250,000 for the Lead Animal
Shelter Animal Campus renewable energy demonstration project;
$3,000,000 for the establishment of a Hawaii Hydrogen Center
for Development and Deployment of Distributed Energy Systems;
and $250,000 for the Eastern Nevada Landscape Coalition for
biomass restoration and science-based restoration.
Section 133. The conferees have included additional
funding in specified amounts for certain Army Corps of
Engineers Construction, General, projects, including, for the
Red River Below Denison Dam, Arkansas, project, $1,250,000; for
the Red River Red River Emergency, Arkansas, project,
$1,750,000; for the Napa River, California, project,
$2,750,000; for the Chicago Shoreline, Illinois, project,
$1,000,000; for the McCook and Thornton Reservoirs, Illinois,
project, $1,000,000; for the Inner Harbor Navigation Canal
Lock, project, $1,000,000; Fort Peck Fish Hatchery, Montana,
$1,000,000; for the Passaic River Streambank Restoration
(Minish Park), New Jersey, project, $1,000,000; and for the
Grand Forks--East Grand Forks, MN, project, $3,000,000.
Section 135. The conferees agree to extend the Pre-
Disaster Mitigation Program authorization by one year to
December 31, 2004.
Section 136. The conferees agree to extend the National
Flood Insurance Program authorization by six months to June 30,
2004.
Section 137. The conference agreement includes a
provision that modifies the Maritime Transportation Security
Act of 2002 as it relates to fishing agreements.
The conference agreement includes technical corrections
to the fiscal year 2004 Interior and Related Agencies
Appropriations Act, Public Law 108-108, related to two
statutory citations in the Bureau of Indian Affairs
``Construction'' account.
The conference agreement includes technical corrections
to the Congaree National Park Boundary Revision in Public Law
94-545, to retain the current classification of the park under
section 162 of the Clean Air Act and to change the name of the
Congaree Swamp National Monument Wilderness to the ``Congaree
National Park Wilderness''.
The conference agreement includes a technical correction
to section 123 of the fiscal year 2004 Interior and Related
Agencies Appropriations Act, Public Law 108-108, to ensure that
the National Park Service can provide a grant to the Shenandoah
Valley Battlefield Foundation for continued land acquisition in
the Shenandoah Valley Battlefields National Historic District.
The conference agreement includes a provision setting a
November 18, 2007, date for the termination of the Delaware and
Lehigh National Heritage Corridor Commission.
The conference agreement corrects a citation in Title IV
of the fiscal year 2004 Interior and Related Agencies
Appropriations Act, Public Law 108-108.
The conference agreement includes a provision
reallocating certain funds provided to the Indian Health
Service for alcohol control, enforcement, prevention,
treatment, sobriety and wellness, and education in Alaska.
The conference agreement includes technical corrections
to section 344 of the fiscal year 2004 Interior and Related
Agencies Appropriations Act, Public Law 108-108: (1) clarifying
that the across the board reduction to accounts in the Act does
not apply to emergency requirements pursuant to section 502 of
H. Con. Res. 95 (108th Congress), the concurrent budget
resolution on the budget for fiscal year 2004, and (2) allowing
the Secretary of the Interior to use her discretion in applying
the reduction within the Indian Land and Water Claim
Settlements and Miscellaneous Payments to Indians account.
The conference agreement establishes the Theodore
Roosevelt National Wildlife Refuge in Mississippi; authorizes
the construction, by the U.S. Army Corps of Engineers, of an
education center on the refuge; changes the name of the Bogue
Phalia Unit of the Yazoo National Wildlife Refuge to the ``Holt
Collier National Wildlife Refuge''; and changes the name of the
Central Mississippi National Wildlife Refuge Complex to the
``Theodore Roosevelt National Wildlife Refuge Complex''.
The conference agreement amends section 386 of the Energy
Policy Act of 2003 to permit the consideration of an option
providing a loan guarantee for a liquefied natural gas
transportation project in Alaska.
The conference agreement amends the Alaska National
Interest Lands Conservation Act to authorize the use of funds
to pay certain expenses after the death of certain Department
of the Interior employees in Alaska.
The conference agreement establishes the Office of Native
Hawaiian Relations within the Office of the Secretary of the
Interior and appropriates $100,000 for that office.
The conference agreement permits the Assiniboine and
Sioux tribes of the Fort Peck Indian Reservation in Montana to
lease tribally owned land for interstate natural gas pipelines.
The conference agreement authorizes the National Park
Service to purchase, from willing sellers, Fern Lake and its
surrounding watershed, approximately 4,500 acres, for inclusion
in the Cumberland Gap National Historical Park. This will
ensure the protection of Fern Lake as the sole water source for
the city of Middlesboro, Kentucky.
The Smithsonian Institution should continue planning,
administration and other activities required for the
establishment of the National Museum of African-American
History and Culture. The Smithsonian Institution should use
General Service Administration consulting contracts to help
evaluate the four sites under consideration.
Sec. 151 authorizes the Attending Physician to Congress
to have 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.
Sec. 152 authorizes the Architect of the Capitol to lease
any portion of the real property located at 449 South Capitol
Street Southwest, DC for the use of the United States Capitol
Police.
Sec. 153 establishes the United States Senate-China
Interparliamentary Group.
Sec. 154 establishes the United States Senate-Russia
Interparliamentary Group.
Sec. 155 is a provision regarding the expenses of the
Chaplain of the Senate.
Sec. 157. Pension Plan Parity.--The conference agreement
includes a provision directing the Pension Benefit Guaranty
Corporation to restore certain guaranteed pension benefits.
Neither the House nor the Senate bills contained these
provisions.
VISION REHABILITATION
The Secretary of the Department of Health and Human
Services is directed to carry out a nationwide outpatient
vision rehabilitation services demonstration project. The
purpose of this demonstration project is to examine the impact
of standardized national coverage for vision rehabilitation
services provided in the home by physicians, occupational
therapists and certified vision rehabilitation teachers.
This demonstration project should be conducted over a
period of five years beginning July 1, 2004. The Secretary
shall expend from available funds appropriated to him in FY
2004, including transfers authorized under existing authorities
from the Federal Supplementary Insurance Trust Fund, an amount
not to exceed $2 million for FY 2004 to carry out this
demonstration project.
Sec. 158. The conference agreement includes a general
provision, which appropriates $9,692,000 to the Department of
Defense Family Housing Improvement Fund and offsets the
appropriation with a rescission in the same amount from the
``Foreign Currency Fluctuations, Construction, Defense''
account.
Sec. 159. The conferees agree to provide an additional
amount of $1,000,000,000 for requirements payments to states
under the Help America Vote Act.
Sec. 160 designates the courthouse at 333 Lomas Boulevard
in New Mexico as the ``Pete V. Domenici United States
Courthouse.''
Sec. 161 requires the Director, Office of Management and
Budget to consult with Alaska Native corporations on the same
basis as Indian tribes under Executive Order 13175.
Sec. 162 provides a total of $50,000,000 from the highway
trust fund for the reconstruction of the Treasure Island Bridge
in Florida and for plaza design and road improvements at the
John F. Kennedy Center in Washington, D.C.
Sec. 163 extends the Japanese Imperial Government
Disclosure Act for one additional year.
Cash balance plans.--The conference agreement on the
Departments of Transportation and Treasury, and Independent
Agencies Appropriations Act, 2004 directs the Secretary of the
Treasury to prepare a legislative proposal that would provide
transition relief to older and longer service participants
affected by conversions from traditional defined benefit plans
to cash balance plans. The conference agreement also prohibits
the use of funds to complete certain regulations pending at the
Treasury Department. The purpose of this prohibition is not to
call into question the validity of hybrid pension plan designs
(cash balance and pension equity). The purpose of the
prohibition is to preserve the status quo with respect to
conversions through the entirety of fiscal year 2004 while the
applicable committees of jurisdiction review the Treasury
Department's legislative proposals.
Sec. 164. The conference agreement includes a provision
related to the distribution of certain Department of Housing
and Urban Development block grant funds to Alaska Native
recipients.
Sec. 168. The conference agreement includes a rescission
of $1,800,000,000 of funds made available to the Department of
Defense and made available in P.L. 107-38 and P.L. 107-117, as
well as a 0.59 percent across-the-board rescission to
discretionary budgetary resources provided in fiscal year 2004
regular appropriations Acts (except Defense and Military
Construction), as well as to any previously enacted fiscal year
2004 advance appropriation.
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 E. Craig,
Kay Bailey Hutchison,
Mike DeWine,
Sam Brownback,
Daniel K. Inouye,
Tom Harkin,
Managers on the Part of the Senate.