    [108th Congress Public Law 199]
    [From the U.S. Government Publishing Office]

    [DOCID: f:publ199.108]

    [[Page 118 STAT. 3]]

    Public Law 108-199
    108th Congress

                                     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. <<NOTE: Jan. 23,
                             2003 -  [H.R. 2673]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress <<NOTE: Consolidated Appropriations
    Act, 2004.>> assembled,

    SECTION 1. SHORT TITLE.

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

    SEC. 2. TABLE OF CONTENTS.

        The table of contents for this Act is as follows:

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

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

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

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

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

              DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2004

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

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

    Title I--Export and Investment Assistance
    Title II--Bilateral Economic Assistance
    Title III--Military Assistance
    Title IV--Multilateral Economic Assistance

    [[Page 118 STAT. 4]]

    Title V--General Provisions
    Title VI--Millennium Challenge Act of 2003

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

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

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

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

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

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

              DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS

    SEC. 3. <<NOTE: 1 USC 1 note.>> 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, <<NOTE: Agriculture, Rural Development, Food
       and Drug Administration, and Related Agencies Appropriations Act,
      2004.>> 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:

    [[Page 118 STAT. 5]]

                                     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

        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.

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

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

        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.

        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.

    [[Page 118 STAT. 6]]

                      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 <<NOTE: Reports.>> 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

        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

        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.),

    [[Page 118 STAT. 7]]

    $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

        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

        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,

    [[Page 118 STAT. 8]]

    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

        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 <<NOTE: 7 USC
    2254.>> 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

    [[Page 118 STAT. 9]]

    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 <<NOTE: Maryland.>> 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 <<NOTE: Colorado State University.>> 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.

        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

        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

    [[Page 118 STAT. 10]]

    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.

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

        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

    [[Page 118 STAT. 11]]

    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.

        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.

        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.

    [[Page 118 STAT. 12]]

                   Animal and Plant Health Inspection Service

        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.

        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.

    [[Page 118 STAT. 13]]

                         Agricultural Marketing Service

         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, <<NOTE: Certificates.>> 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).

        Not to exceed $62,577,000 (from fees collected) shall be obligated
    during the current fiscal year for administrative expenses:
    Provided, <<NOTE: Notification. Funds for Strengthening Markets, Income,
    and Supply (Section 32) (including transfers of funds)>> 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 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.

        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

    [[Page 118 STAT. 14]]

    (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

        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.

        Not to exceed $42,463,000 (from fees collected) shall be obligated
    during the current fiscal year for inspection and weighing services:
    Provided, <<NOTE: Notification.>> 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.

    [[Page 118 STAT. 15]]

    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

        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.

        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.

        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).

        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.

    [[Page 118 STAT. 16]]

        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, <<NOTE: Notification. Deadline.>> 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

        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).

        For the current fiscal year, the Commodity Credit Corporation shall
    not expend more than $5,000,000 for site investigation and

    [[Page 118 STAT. 17]]

    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

        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

    [[Page 118 STAT. 18]]

    with respect to programs listed in section 1241(a) of the Food Security
                        Act of 1985 (16 U.S.C. 3841(a)).

        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)).

        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)).

        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)).

        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

    [[Page 118 STAT. 19]]

    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 <<NOTE: Contracts.>> 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.

        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:

    [[Page 118 STAT. 20]]

    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

    [[Page 118 STAT. 21]]

    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

        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

        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,

    [[Page 118 STAT. 22]]

    $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''.

        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, <<NOTE: Contracts. Mutual and Self-Help Housing Grants>> That
    agreements entered into or renewed during the current fiscal year shall
    be funded for a 4-year period: Provided further, That any unexpended
    balances remaining at the end of such 4-year agreements may be
    transferred and used for the purposes of any debt reduction;
    maintenance, repair, or rehabilitation of any existing projects;
    preservation; and rental assistance activities authorized under title V
                                   of the Act.

        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.

        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

    [[Page 118 STAT. 23]]

    $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.

        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

         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''.

        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.

    [[Page 118 STAT. 24]]

        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).

        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).

        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

        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

    [[Page 118 STAT. 25]]

    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''.

        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''.

        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.

    [[Page 118 STAT. 26]]

                                    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

        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, <<NOTE: Study. Special
    Supplemental Nutrition Program for Women, Infants, and Children
    (WIC)>> 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.

        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

    [[Page 118 STAT. 27]]

    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.

        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, <<NOTE: Bison meat. Commodity Assistance
    Program>> 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.

        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.

        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.

    [[Page 118 STAT. 28]]

                                     TITLE V

                     FOREIGN ASSISTANCE AND RELATED PROGRAMS

                          Foreign Agricultural Service

        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.

        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''.

        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, <<NOTE: Notification. Public Law 480 Title II Grants>> 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.

    [[Page 118 STAT. 29]]

        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.

        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.

        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

        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

    [[Page 118 STAT. 30]]

    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.

        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.

    [[Page 118 STAT. 31]]

                           Farm Credit Administration

        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. <<NOTE: 7 USC 2209b.>> 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.

    [[Page 118 STAT. 32]]

        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

    [[Page 118 STAT. 33]]

    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) <<NOTE: Notifications. Deadlines.>> 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

    [[Page 118 STAT. 34]]

    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. <<NOTE: HIV/AIDS.>> 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

    [[Page 118 STAT. 35]]

    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. <<NOTE: State listing.>> 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. <<NOTE: Illinois. Kentucky.>> 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. <<NOTE: Missouri.>> 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

    [[Page 118 STAT. 36]]

    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. <<NOTE: West Virginia.>> 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

    [[Page 118 STAT. 37]]

    and expenses of personnel to enroll in excess of 189,144 acres in the
    calendar year 2004 wetlands reserve program as authorized by 16 U.S.C.
    3837.
        Sec. 742. None of the funds made available in fiscal year 2004 or
    preceding fiscal years for programs authorized under the Agricultural
    Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
    excess of $20,000,000 shall be used to reimburse the Commodity Credit
    Corporation for the release of eligible commodities under section
    302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
    1): Provided, That any such funds made available to reimburse the
    Commodity Credit Corporation shall only be used pursuant to section
    302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
        Sec. 743. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel who carry out an environmental quality incentives program
    authorized by chapter 4 of subtitle D of title XII of the Food Security
    Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of $975,000,000.
        Sec. 744. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service may provide from appropriated funds
    financial and technical assistance to the Dry Creek project, Utah.
        Sec. 745. The Secretary of Agriculture is authorized to permit
    employees of the United States Department of Agriculture to carry and
    use firearms for personal protection while conducting field work in
    remote locations in the performance of their official duties.
        Sec. 746. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to expend the $23,000,000 made available by section 9006(f)
    of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
    8106(f)).
        Sec. 747. Access to Broadband Telecommunications Services in Rural
    Areas. None of the funds appropriated or otherwise made available by
    this or any other Act shall be used to pay the salaries and expenses of
    personnel to expend the $20,000,000 made available by section
    601(j)(1)(A) of the Rural Electrification Act of 1936 (7 U.S.C.
    950bb(j)(1)(A)) for fiscal year 2004.
        Sec. 748. None of the funds appropriated or otherwise made available
    by this or any other Act shall be used to pay the salaries and expenses
    of personnel to expend the $40,000,000 made available by section
    231(b)(4) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1621
    note) for fiscal year 2004.
        Sec. 749. Section 285 of the Agricultural Marketing Act of 1946 (16
    U.S.C. 1638d et seq.) is amended by striking ``2004'' and inserting
    ``2006, except for `farm-raised fish' and `wild fish' which shall be
    September 30, 2004''.
        Sec. 750. (a) Notwithstanding subsections (c) and (e)(2) of section
    313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
    implementing section 313A of that Act, the Secretary shall, with the
    consent of the lender, structure the schedule for payment of the annual
    fee, not to exceed an average of 30 basis points per year for the term
    of the loan, to ensure that sufficient funds are available to pay the
    subsidy costs for note guarantees under that section.

    [[Page 118 STAT. 38]]

        (b) <<NOTE: Publication. Regulations. Deadline. 7 USC 740c-1
    note.>> 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. <<NOTE: New York.>> (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) <<NOTE: Florida.>> 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

    [[Page 118 STAT. 39]]

    by striking ``the Committee on Foreign Affairs'' through ``the Committee
    on'' and inserting ``the Committees on International Relations,
    Agriculture and Appropriations of the House of Representatives, and the
    Committees on Appropriations and''.
        Sec. 759. None of the funds appropriated or made available by this
    or any other Act may be used to pay the salaries and expenses of
    personnel to carry out section 6029 of Public Law 107-171, the Farm
    Security and Rural Investment Act of 2002: Provided, That this section
    shall not apply to activities related to the promulgation of regulations
    or the receipt and review of applications for the Rural Business
    Investment Program.
        Sec. 760. None of the funds appropriated or otherwise made available
    in this Act shall be expended to violate Public Law 105-264.
        Sec. 761. Cost-Sharing for Animal and Plant Health Emergency
    Programs. None of the funds made available by this Act may be used to
    issue a final rule in furtherance of, or otherwise implement, the
    proposed rule on cost-sharing for animal and plant health emergency
    programs of the Animal and Plant Health Inspection Service published on
    July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
        Sec. 762. Agencies and offices of the Department of Agriculture may
    utilize any available discretionary funds to cover the costs of
    preparing, or contracting for the preparation of, final agency decisions
    regarding complaints of discrimination in employment or program
    activities arising within such agencies and offices.
        Sec. 763. <<NOTE: Alaska. 42 USC 1472 note.>> 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. <<NOTE: Mississippi. South Dakota.>> 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. <<NOTE: New Hampshire. Oklahoma.>> 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.

    [[Page 118 STAT. 40]]

        Sec. 768. Section 501(b)(5)(B) of the Housing Act of 1949 (42 U.S.C.
    1471(b)(5)(B) is amended by striking ``for fiscal years 2002 and
    2003,''.
        Sec. 769. Agricultural Management Assistance. Section 524(b)(4)(B)
    of the Federal Crop Insurance Act (7 U.S.C. 1524(b)(4)(B)) is amended--
                (1) in clause (i), by striking ``clause (ii)'' and inserting
            ``clauses (ii) and (iii)''; and
                (2) by adding at the end the following:
                              ``(iii) Certain uses.--Of the amounts made
                          available to carry out this subsection for each of
                          fiscal years 2004 through 2007 the Commodity
                          Credit Corporation shall use not less than--
                                        ``(I) $14,000,000 to carry out
                                    subparagraphs (A), (B), and (C) of
                                    paragraph (2) through the Natural
                                    Resources Conservation Service;
                                        ``(II) $1,000,000 to provide organic
                                    certification cost share assistance
                                    through the Agricultural Marketing
                                    Service; and
                                        ``(III) $5,000,000 to conduct
                                    activities to carry out subparagraph (F)
                                    of paragraph (2) through the Risk
                                    Management Agency.''.

        Sec. 770. <<NOTE: 7 USC 5603 note.>> Hereafter, no funds provided in
    this or any other Act shall be available to the Secretary of Agriculture
    acting through the Foreign Agricultural Service to promote the sale or
    export of tobacco or tobacco products.

        Sec. 771. (a) In General.--Section 3(o)(4) of the Food Stamp Act of
    1977, as amended (7 U.S.C. 2012(o)(4), is amended by inserting before
    the period at the end the following: ``, and except that on October 1,
    2003, in the case of households residing in Alaska and Hawaii the
    Secretary may not reduce the cost of such diet in effect on September
    30, 2002''.
        (b) Effective Date.--The <<NOTE: 7 USC 2012 note.>> 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

    [[Page 118 STAT. 41]]

    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. <<NOTE: Sun Grant Research Initiative Act of 2003. 7 USC
    8101 note.>> 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. <<NOTE: 7 USC 8109.>> 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--

    [[Page 118 STAT. 42]]

                        ``(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) <<NOTE: Grants.>> 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 <<NOTE: South Dakota State
            University.>> 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 <<NOTE: University of
            Tennessee.>> 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 <<NOTE: Oklahoma State
            University.>> 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 <<NOTE: Oregon State
            University.>> 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 <<NOTE: Cornell
            University.>> 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

    [[Page 118 STAT. 43]]

            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

    [[Page 118 STAT. 44]]

    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

    [[Page 118 STAT. 45]]

            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 <<NOTE: 117 Stat. 19.>> Public Law
    108-7 is amended by striking ``7 U.S.C. 3291'' and inserting ``7 U.S.C.
    3292b''.

        Sec. 789. <<NOTE: Montana.>> 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''.

    [[Page 118 STAT. 46]]

     DIVISION B--DEPARTMENTS <<NOTE: Departments of Commerce, Justice, and
         State, the Judiciary, and Related Agencies Appropriations Act,
      2004.>> 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 <<NOTE: Department of Justice Appropriations Act,
    2004.>> OF JUSTICE

                             General Administration

        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.

        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.

        For necessary expenses related to the design, development,
    engineering, acquisition, and implementation of office automation
    systems for the organizations funded under the headings ``Salaries

    [[Page 118 STAT. 47]]

    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.

        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.

        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, <<NOTE: Notification. Administrative Review and Appeals>> 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.

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

        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

    [[Page 118 STAT. 48]]

    with the appropriation under the heading ``Detention Trustee'' and shall
    be available <<NOTE: Plan. Deadline. Office of Inspector General>> 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.

        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

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

                                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

    [[Page 118 STAT. 49]]

    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.

        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.

        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.

        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.

    [[Page 118 STAT. 50]]

        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.

        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.

        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.

        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

    [[Page 118 STAT. 51]]

    605 of this Act and shall not be available for obligation or expenditure
       except in compliance with the procedures set forth in that section.

        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

        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.

        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.

        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.

    [[Page 118 STAT. 52]]

                         Drug Enforcement Administration

        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.

        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

        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

    [[Page 118 STAT. 53]]

    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

        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, <<NOTE: 42 USC
    250a.>> 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:

    [[Page 118 STAT. 54]]

    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.

        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, <<NOTE: Notification. Federal Prison Industries,
    Incorporated>> 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.

        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.

    [[Page 118 STAT. 55]]

        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

        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.

        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

    [[Page 118 STAT. 56]]

            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

    [[Page 118 STAT. 57]]

            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.

        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 <<NOTE: Notification. COMMUNITY
    ORIENTED POLICING SERVICES>> 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.

        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;

    [[Page 118 STAT. 58]]

                (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.

        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;

    [[Page 118 STAT. 59]]

                (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.

        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;

    [[Page 118 STAT. 60]]

                (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.

        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

        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. <<NOTE: Abortion.>> 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

    [[Page 118 STAT. 61]]

    declared unconstitutional by a court of competent jurisdiction, this
    section shall be null and void.
        Sec. 103. <<NOTE: Abortion.>> 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) <<NOTE: 28 USC 524 note.>> 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

    [[Page 118 STAT. 62]]

    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) <<NOTE: 25 USC 3651 note.>> 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) <<NOTE: Establishment. Alaska.>> 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. <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 63]]

    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 <<NOTE: Reports. Deadline.>> 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) <<NOTE: Establishment. 42 USC 3121 note.>> 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) <<NOTE: Establishment.>> The State Co-chairman of the Denali
    Commission shall appoint a Regional Advisory Committee for each region
    which may include representatives from local, borough, and tribal
    governments, the Alaska Native non-profit corporation operating in the
    region, local Chambers of Commerce, and representatives of the private
    sector. Each Regional Advisory Committee shall develop a regional
    economic development plan for consideration by the Economic Development
    Committee.

        ``(d) The Economic Development Committee, in consultation with the
    First Alaskans Institute, may develop rural development performance
    measures linking economic growth to poverty reduction to measure the
    success of its program which may include economic, educational, social,
    and cultural indicators. The performance measures will be tested in one
    region for 2 years and evaluated by the University of Alaska before
    being deployed statewide. Thereafter, performance in each region shall
    be evaluated using the performance measures, and the Economic
    Development Committee shall not fund projects which do not demonstrate
    success.
        ``(e) Within the amounts made available annually to the Denali
    Commission for training, the Commission may make a grant to the First
    Alaskans Foundation upon submittal of an acceptable

    [[Page 118 STAT. 64]]

    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 <<NOTE: Deadline. Reports.>> 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 <<NOTE: Department of Commerce and Related Agencies
    Appropriations Act, 2004.>> OF COMMERCE AND RELATED AGENCIES

                      Trade and Infrastructure Development

                                RELATED AGENCIES

                Office of the United States Trade Representative

        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

    [[Page 118 STAT. 65]]

    members to distribute monies collected from antidumping and
    countervailing duties.

                         International Trade Commission

        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

        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, <<NOTE: Establishment.>> 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, <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 66]]

    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

        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, <<NOTE: Applicability.>> 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

        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.

        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.

    [[Page 118 STAT. 67]]

                      Minority Business Development Agency

        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

        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

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

        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 <<NOTE: Reports.>> 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

        For necessary expenses, as provided for by law, of the National
    Telecommunications and Information Administration (NTIA),

    [[Page 118 STAT. 68]]

    $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.

        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.

        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.

    [[Page 118 STAT. 69]]

                    United States Patent and Trademark Office

        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

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

                 National Institute of Standards and Technology

        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,

    [[Page 118 STAT. 70]]

    $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.

        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

        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

    [[Page 118 STAT. 71]]

    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 <<NOTE: 15
    USC 1540 note.>> 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.

        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.

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

        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

    [[Page 118 STAT. 72]]

    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

        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.

        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

        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. <<NOTE: 15 USC 313 note.>> 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, <<NOTE: Notification.>> 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

    [[Page 118 STAT. 73]]

    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. <<NOTE: 31 USC 501 note.>> 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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 74]]

    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) <<NOTE: Alabama. Alabama Real Estate Holdings,
    Inc.>> 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) <<NOTE: South Carolina. Memorandum.>> The Secretary of
    Commerce is authorized to operate a marine laboratory in South Carolina
    in accordance with a memorandum of agreement, including any future
    amendments, among the National Oceanic and Atmospheric Administration,
    the National Institute of Standards and Technology, the State of South
    Carolina, the Medical University of South Carolina, and the College of
    Charleston as a partnership for collaborative, interdisciplinary marine
    scientific research.

        (b) To carry out subsection (a), the agencies that are partners in
    the Laboratory may accept, apply for, use, and spend Federal, State,
    private and grant funds as necessary to further the mission of the
    Laboratory without regard to the source or of the period of availability
    of these funds and may apply for and hold patents, as well as share
    personnel, facilities, and property. Any funds collected or accepted by
    any partner may be used to offset all or portions of its costs,
    including overhead, without regard to 31 U.S.C. 143302(b); to reimburse
    other participating agencies for all or portions of their costs; and to
    fund research and facilities expansion. Funds for management and
    operation of the Laboratory may

    [[Page 118 STAT. 75]]

    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--

    [[Page 118 STAT. 76]]

                (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, <<NOTE: Deadline. Reports.>> 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 <<NOTE: Judiciary Appropriations Act, 2004.>> JUDICIARY

                       Supreme Court of the United States

        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.

        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

        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.

    [[Page 118 STAT. 77]]

                   United States Court of International Trade

        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

        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.

        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.

    [[Page 118 STAT. 78]]

        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.

        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

        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

        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.

    [[Page 118 STAT. 79]]

                            Judicial Retirement 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

        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 <<NOTE: Department of State and Related Agency
    Appropriations Act, 2004.>> OF STATE AND RELATED AGENCY

                               DEPARTMENT OF STATE

                        Administration of Foreign Affairs

        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),

    [[Page 118 STAT. 80]]

    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 <<NOTE: Establishment.>> 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, <<NOTE: China. Notification.>> 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 <<NOTE: Establishment.>> 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.

    [[Page 118 STAT. 81]]

        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.

        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.

        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.

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

        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.

        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.

        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.

    [[Page 118 STAT. 82]]

        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.

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

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

                           International Organizations

        For <<NOTE: 22 USC 269a note.>> 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, <<NOTE: Notification. contributions for international
    peacekeeping activities>> 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.

        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,

    [[Page 118 STAT. 83]]

    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 <<NOTE: Notification.>> 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, <<NOTE: Certification.>> 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 <<NOTE: 22 USC 269a note.>> 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.

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

        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

    [[Page 118 STAT. 84]]

    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.

        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.

        For <<NOTE: Establishment. international center for middle eastern-
    western dialogue>> 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.

        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.

        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

    [[Page 118 STAT. 85]]

    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.

        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.

        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.

        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

    [[Page 118 STAT. 86]]

    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. <<NOTE: Citizenship.>> 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, <<NOTE: 117 Stat. 595.>> 2003 (Public Law 108-11) is
    repealed.

        Sec. 406. An application for a visa shall be denied without
    prejudice under section 221(g) of the Immigration and Nationality Act (8
    U.S.C. 1201(g)) if the application is delayed for a period of more than
    60 days from the date of application due to administrative processing by
    any agency in making a determination of inadmissibility under section
    212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
        Sec. 407. Funds appropriated by this Act for the Broadcasting Board
    of Governors and the Department of State may be obligated and expended
    notwithstanding section 15 of the State Department Basic Authorities Act
    of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal
    Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
    National Security Act of 1947 (50 U.S.C. 414(a)(1)).
        Sec. 408. (a) The Senior Policy Operating Group on Trafficking in
    Persons, established under section 406 of division B of Public Law 108-7
    to coordinate agency activities regarding policies (including grants and
    grant policies) involving the international trafficking in persons,
    shall coordinate all such policies related to the activities of
    traffickers and victims of severe forms of trafficking.

    [[Page 118 STAT. 87]]

        (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. <<NOTE: Records. Deadline.>> 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

        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

        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

        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

        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.

    [[Page 118 STAT. 88]]

                Commission on Security and Cooperation in Europe

        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

        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

        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

        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

    [[Page 118 STAT. 89]]

    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

        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 <<NOTE: Deadline. Telemarketers. Records.>> 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

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

                           Legal Services Corporation

        For payment to the Legal Services Corporation to carry out the
    purposes of the Legal Services Corporation Act of 1974,

    [[Page 118 STAT. 90]]

    $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.

        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

        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

        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)

    [[Page 118 STAT. 91]]

    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

        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.

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

        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

    [[Page 118 STAT. 92]]

    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.

        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.

        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

        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.

    [[Page 118 STAT. 93]]

           United States-China Economic and Security Review Commission

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

                          TITLE VI--GENERAL PROVISIONS

        Sec. 601. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
        Sec. 602. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 603. <<NOTE: Contracts. Public information.>> 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) <<NOTE: Notifications.>> 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

    [[Page 118 STAT. 94]]

    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. <<NOTE: Religious harassment.>> 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. <<NOTE: United Nations.>> 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. <<NOTE: Records.>> 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) <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 95]]

    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. <<NOTE: Tobacco and tobacco products.>> 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) <<NOTE: Applicability.>> The requirements in subsections (b) and
    (c) of section 616 of that Act shall continue to apply during fiscal
    year 2004.

        Sec. 617. (a) <<NOTE: Firearms.>> 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) <<NOTE: Effective date.>> Subsection (a)(2) shall take effect
    not later than 180 days after enactment of this Act.

        Sec. 618. <<NOTE: 42 USC 10601 note.>> Notwithstanding any other
    provision of law, amounts deposited or available in the Fund established
    under 42 U.S.C.

    [[Page 118 STAT. 96]]

    10601 in any fiscal year in excess of $625,000,000 shall not be
    available for obligation until the following fiscal year.
        Sec. 619. <<NOTE: Discrimination.>> 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

    [[Page 118 STAT. 97]]

    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

    [[Page 118 STAT. 98]]

    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 <<NOTE: 117
    Stat. 103.>> grant of: (1) $450,000 to the Bronx Council on the Arts by
    striking ``help promote stabilization of small arts organizations'' and
    inserting ``provide financial assistance to small arts organizations to
    help promote stabilization''; and (2) $500,000 to the City of Merrill,
    Wisconsin by striking all that follows after ``Wisconsin'' and inserting
    ``for the capitalization of a business development fund.''.

        Sec. 622. <<NOTE: Prisons and prisoners.>> 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) <<NOTE: Prisons and prisoners.>> 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. <<NOTE: Government organization.>> A Deputy Assistant
    Administrator for non-contiguous States and territories shall, through
    the Senior Executive Service,

    [[Page 118 STAT. 99]]

    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. <<NOTE: Telecommuni- cating. 5 USC 6120 note.>> 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 <<NOTE: Deadline.>> performance: Provided, That, not later than
    6 months after the date of the enactment of this Act, each of the
    aforementioned entities shall provide that the requirements of this
    section are applied to 100 percent of the workforce: Provided further,
    That, of the funds appropriated in this Act for the Departments of
    Commerce, Justice, and State, the Judiciary, and the Small Business
    Administration, $200,000 shall be available to each Department or agency
    only to implement telecommuting <<NOTE: Deadline. Reports.>> programs:
    Provided further, That, every 6 months, each Department or agency shall
    provide a report to the Committees on Appropriations on the status of
    telecommuting programs, including the number of Federal employees
    eligible for, and participating in, such programs, and uses of funds
    designated under this <<NOTE: Establishment.>> 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 <<NOTE: 115 Stat. 2297.>> is amended by
    inserting ``or section 7(b) of the Small Business Act'' after
    ``September 11, 2001''.

        Sec. 629. The Telecommunications Act of 1996 <<NOTE: 47 USC 303
    note.>> is amended as follows--
                (1) in section 202(c)(1)(B) <<NOTE: 110 Stat. 110.>> by
            striking ``35 percent'' and inserting ``39 percent'';
                (2) in section 202(c) by adding the following new paragraphs
            at the end:
                ``(3) Divestiture.--A <<NOTE: Broadcasting.>> 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.

    [[Page 118 STAT. 100]]

                ``(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) <<NOTE: 110 Stat. 110.>> 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) <<NOTE: 22 USC 2078.>> 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

    [[Page 118 STAT. 101]]

    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) <<NOTE: Turkey.>> 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) <<NOTE: HELP Commission Act. 22 USC 2394b.>> 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.

    [[Page 118 STAT. 102]]

        (c)(1) <<NOTE: Establishment.>> 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

    [[Page 118 STAT. 103]]

                (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) <<NOTE: Deadline.>> The appointments under paragraph (1) shall
    be made not later than 60 days after the date of the enactment of this
    section.

        (5) <<NOTE: President.>> 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.

    [[Page 118 STAT. 104]]

        (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) <<NOTE: Deadline. Reports.>> Not later than 2 years after the
    members of the Commission are appointed under subsection (d)(1), the
    Commission shall

    [[Page 118 STAT. 105]]

    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) <<NOTE: Termination.>> The Commission shall terminate 30 days
    after the submission of its report under subsection (f).

        (k)(1) <<NOTE: Deadlines. Reports.>> Not later than April 1, 2004,
    and April 1 of each third year thereafter, the President shall transmit
    to the Congress a report that analyzes, on a country-by-country basis,
    the impact and effectiveness of United States economic assistance
    furnished to each country during the preceding 3 fiscal years. The
    report shall include the following for each recipient country:
                (A) An analysis of the impact of United States economic
            assistance during the preceding 3 fiscal years on economic
            development in that country, with a discussion of the United
            States interests that were served by the assistance. The
            analysis shall be done on a sector-by-sector basis to the extent
            possible and shall identify any economic policy reforms that
            were promoted by the assistance. The analysis shall--
                        (i) include a description, quantified to the extent
                    practicable, of the specific objectives the United
                    States sought to achieve in providing economic
                    assistance for that country; and
                        (ii) specify the extent to which those objectives
                    were not achieved, with an explanation of why they were
                    not achieved.
                (B) A description of the amount and nature of economic
            assistance provided by other donors during the preceding 3
            fiscal years, set forth by development sector to the extent
            possible.
                (C) A discussion of the commitment of the host government to
            addressing the country's needs in each development sector,
            including a description of the resources devoted by that
            government to each development sector during the preceding 3
            fiscal years.

    [[Page 118 STAT. 106]]

                (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.

    [[Page 118 STAT. 107]]

        (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

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

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

                                Legal Activities

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

                              Federal Prison System

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

                           Office of Justice Programs

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

    [[Page 118 STAT. 108]]

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

        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

        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

        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 <<NOTE: 16 USC 1862.>> thereof the following:

        ``(j) Bering Sea and Aleutian Islands Crab Rationalization.--
                ``(1) <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 109]]

            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) <<NOTE: Applicability.>> The provisions of sections
            308, 310, and 311 shall apply to the processing facilities and
            fish products of any person

    [[Page 118 STAT. 110]]

            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. <<NOTE: Establishment. 16 USC 1851 note.>> 802. Gulf of Alaska
    Rockfish Demonstration Program. The Secretary of Commerce, in
    consultation with the North Pacific Fishery Management Council, shall
    establish a pilot program that recognizes the historic participation of
    fishing vessels (1996 to 2002, best 5 of 7 years) and historic
    participation of fish processors (1996 to 2000, best 4 of 5 years) for
    pacific ocean perch, northern rockfish, and pelagic shelf rockfish
    harvested in Central Gulf of Alaska. Such a pilot program shall: (1)
    provide for a set-aside of up to 5 percent for the total allowable catch
    of such fisheries for catcher vessels not eligible to participate in the
    pilot program, which shall be delivered to shore-based fish processors
    not eligible to participate in the pilot program; and (2) establish
    catch limits for non-rockfish species and non-target rockfish species
    currently harvested with pacific ocean perch, northern rockfish, and
    pelagic shelf rockfish, which shall be based on historical harvesting of
    such bycatch species. The pilot program will sunset when a Gulf of
    Alaska Groundfish comprehensive rationalization plan is authorized by
    the Council and implemented by the Secretary, or 2 years from date of
    implementation, whichever is earlier.

        Sec. <<NOTE: 16 USC 1851 note.>> 803. Aleutian Islands Fisheries
    Development. (a) Aleutian Islands Pollock Allocation.--
    Effective <<NOTE: Effective date.>> 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

    [[Page 118 STAT. 111]]

    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 <<NOTE: District of Columbia Appropriations Act,
    2004.>> 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

    [[Page 118 STAT. 112]]

    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

    [[Page 118 STAT. 113]]

    $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

        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

    [[Page 118 STAT. 114]]

    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.

    [[Page 118 STAT. 115]]

          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

    [[Page 118 STAT. 116]]

    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.

    [[Page 118 STAT. 117]]

                     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

    [[Page 118 STAT. 118]]

    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.

    [[Page 118 STAT. 119]]

    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

        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

    [[Page 118 STAT. 120]]

            (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

    [[Page 118 STAT. 121]]

            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

    [[Page 118 STAT. 122]]

            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

        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

    [[Page 118 STAT. 123]]

    (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.

    [[Page 118 STAT. 124]]

                            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.

    [[Page 118 STAT. 125]]

                           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

    [[Page 118 STAT. 126]]

    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

        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 <<NOTE: DC School Choice Incentive Act of 2003.>> 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

    [[Page 118 STAT. 127]]

            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

    [[Page 118 STAT. 128]]

    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;

    [[Page 118 STAT. 129]]

                        (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

    [[Page 118 STAT. 130]]

            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

    [[Page 118 STAT. 131]]

            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:

    [[Page 118 STAT. 132]]

                        (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 <<NOTE: Deadlines.>> 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.

    [[Page 118 STAT. 133]]

    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

    [[Page 118 STAT. 134]]

    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

    [[Page 118 STAT. 135]]

    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,

    [[Page 118 STAT. 136]]

    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. <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 137]]

    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. <<NOTE: Abortions.>> 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

    [[Page 118 STAT. 138]]

    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.

    [[Page 118 STAT. 139]]

        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. <<NOTE: Reports.>> 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

    [[Page 118 STAT. 140]]

            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. <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 141]]

    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.

    [[Page 118 STAT. 142]]

        ``(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''.

    [[Page 118 STAT. 143]]

     DIVISION D--FOREIGN <<NOTE: Foreign Operations, Export Financing, and
        Related Programs Appropriations Act, 2004.>> OPERATIONS, EXPORT
    FINANCING, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2004

                                     An Act

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

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

                    TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                     Export-Import Bank of the United States

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard to fiscal year
    limitations, as provided by section 104 of the Government Corporation
    Control Act, as may be necessary in carrying out the program for the
    current fiscal year for such corporation: Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: Provided
    further, <<NOTE: 12 USC 635 note. administrative expenses>> 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.

        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, <<NOTE: 12 USC
    635a note.>> 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.

    [[Page 118 STAT. 144]]

                     Overseas Private Investment Corporation

        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.

        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

        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:

    [[Page 118 STAT. 145]]

        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

    [[Page 118 STAT. 146]]

    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

    [[Page 118 STAT. 147]]

    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.

        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:

    [[Page 118 STAT. 148]]

    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.

        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.

        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.

        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

    [[Page 118 STAT. 149]]

    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.

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

        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

    [[Page 118 STAT. 150]]

    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.

        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.

        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

        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

    [[Page 118 STAT. 151]]

    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

    [[Page 118 STAT. 152]]

    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.

        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.

        For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961 for the prevention, treatment, and

    [[Page 118 STAT. 153]]

    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.

        (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,

    [[Page 118 STAT. 154]]

    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.

        (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

    [[Page 118 STAT. 155]]

    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.);

    [[Page 118 STAT. 156]]

                (5) any financing provided under the Export-Import Bank Act
            of 1945; or
                (6) humanitarian assistance.

                              Independent Agencies

        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.

        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.

        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 <<NOTE: 22 USC 2506 note. millennium challenge
    corporation>> 2004 and any subsequent fiscal year, the Director of the
    Peace Corps may make appointments or assignments, or extend current
    appointments or assignments, to permit United States citizens to serve
    for periods in excess of 5 years in the case of individuals whose
    appointment or assignment, such as regional safety security officers and
    employees within the Office of the Inspector General, involves the
    safety of Peace Corps volunteers: Provided further, That the Director of
    the Peace Corps may make such appointments or assignments
    notwithstanding the provisions of section 7 of the Peace Corps Act
    limiting the length of an appointment or assignment, the circumstances
    under which such an appointment or assignment may exceed 5 years, and
    the percentage of appointments or assignments that can be made in excess
                                   of 5 years.

        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

    [[Page 118 STAT. 157]]

    more than $50,000,000 may be available for administrative expenses.

                               Department of State

        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 <<NOTE: Deadline. andean counterdrug initiative>> 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.

        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

    [[Page 118 STAT. 158]]

    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

    [[Page 118 STAT. 159]]

    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.

        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.

    [[Page 118 STAT. 160]]

        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.

        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

    [[Page 118 STAT. 161]]

    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

        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.

        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

    [[Page 118 STAT. 162]]

    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 <<NOTE: Deadline.>> 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

        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.

    [[Page 118 STAT. 163]]

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

    [[Page 118 STAT. 164]]

    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.

        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

        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.

        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.

    [[Page 118 STAT. 165]]

        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.

        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.

        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.

        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.

        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.

        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.

        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.

        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.

        The United States Governor of the European Bank for Reconstruction
    and Development may subscribe without fiscal year

    [[Page 118 STAT. 166]]

    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, <<NOTE: Notification.>> 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

        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.

        Sec. 502. <<NOTE: 22 USC 2151u note.>> 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,

    [[Page 118 STAT. 167]]

    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.

        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.

        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.

        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.

    [[Page 118 STAT. 168]]

        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 <<NOTE: Regulations.>> 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

    [[Page 118 STAT. 169]]

            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.

        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.

        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.

        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

    [[Page 118 STAT. 170]]

    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.

        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.

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

        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

    [[Page 118 STAT. 171]]

    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.

        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.

        Sec. 514. <<NOTE: 22 USC 262h note. notification requirements>> 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.

    [[Page 118 STAT. 172]]

        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.

        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

    [[Page 118 STAT. 173]]

    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.

        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) <<NOTE: 22 USC 5814 note.>> 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

    [[Page 118 STAT. 174]]

    own resources (including volunteer services and in-kind contributions)
                        in such projects and activities.

        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.

        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.

        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.

        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

    [[Page 118 STAT. 175]]

    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.

        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.

        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

    [[Page 118 STAT. 176]]

    communities and families that suffer losses as a result of the military
                                   operations.

        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.

        Sec. 525. <<NOTE: 22 USC 3948 note. democracy programs>> 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.

        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

    [[Page 118 STAT. 177]]

    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, <<NOTE: Reports. Deadline. PROHIBITION ON BILATERAL ASSISTANCE
    TO TERRORIST COUNTRIES>> 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.

        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.

    [[Page 118 STAT. 178]]

        (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. <<NOTE: Federal Register,
    publication. DEBT-FOR-DEVELOPMENT>> 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.

        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.

        Sec. <<NOTE: 22 USC 2362 note.>> 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

    [[Page 118 STAT. 179]]

    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.

        Sec. 530. <<NOTE: President. burma>> 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.

    [[Page 118 STAT. 180]]

        Sec. 531. (a) <<NOTE: 50 USC 1701 note.>> 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.

        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.

    [[Page 118 STAT. 181]]

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

        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

    [[Page 118 STAT. 182]]

    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 <<NOTE: 22 USC
    2151u note.>> 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 <<NOTE: 50 USC 1701 note.>> 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.

    [[Page 118 STAT. 183]]

        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.

        Sec. 536. <<NOTE: 22 USC 2364c note. eligibility for assistance>> 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.

        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

    [[Page 118 STAT. 184]]

    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.

        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.

        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

    [[Page 118 STAT. 185]]

    in any other Act shall not be applicable to funds appropriated by this
                                      Act.

        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.

        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.

        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.

        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. <<NOTE: Termination.>> The prohibition under this section with
    respect to a foreign government shall terminate 12 months after that
    government ceases to provide such military
    equipment. <<NOTE: Applicability.>> 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.

    [[Page 118 STAT. 186]]

        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) <<NOTE: Deadline. Reports.>> 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.

        Sec. 545. None of the funds appropriated by this Act may be
    obligated for assistance for the Palestine Liberation Organization

    [[Page 118 STAT. 187]]

    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.

        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.

        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.

        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,

    [[Page 118 STAT. 188]]

    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.

        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.

        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.

        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.

        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

    [[Page 118 STAT. 189]]

    include a description of how funds will be spent and the accounting
         procedures in place to ensure that they are properly disbursed.

        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.

        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.

        Sec. 555. (a) Funding.--Of the funds appropriated under the heading
    ``Development Assistance'', not less than $155,000,000 shall be made
    available for programs and activities which directly protect
    biodiversity, including forests, in developing countries, of which
    $1,500,000 should be made available to improve the capacity of
    indigenous groups and local environmental organizations and law
    enforcement agencies to protect the biodiversity of indigenous reserves
    in the Amazon Basin region of Brazil, which amount shall be in addition
    to the amount requested in this Act for assistance for Brazil for fiscal
    year 2004: Provided, That not later than 1 year after enactment of this
    Act, the Secretary of State, in coordination with the Administrator of
    the United States Agency for International Development and other
    appropriate departments and agencies, and after consultation with
    appropriate governments and nongovernmental organizations, shall submit
    to the Committees on Appropriations a strategy for biodiversity
    conservation in the Amazon Basin region of South America: Provided
    further, That of the funds appropriated under the headings ``Development
    Assistance'' and ``Andean Counterdrug Initiative'', funds shall be made
    available in fiscal year 2004 to develop the strategy described in the
    previous proviso: Provided further, That of the funds appropriated by
    this Act, not less than $180,000,000 shall be made available to support
    policies and programs in developing countries that directly: (1) promote
    a wide range of energy conservation, energy efficiency and clean energy
    programs and activities,

    [[Page 118 STAT. 190]]

    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 <<NOTE: Deadline.>> 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.

        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.

        Sec. 557. <<NOTE: 22 USC 2151 note. TIBET>> 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.

        Sec. 558. (a) The Secretary of the Treasury should instruct the
    United States executive director to each international financial
    institution to use the voice and vote of the United States to support
    projects in Tibet if such projects do not provide incentives for the
    migration and settlement of non-Tibetans into Tibet or facilitate the
    transfer of ownership of Tibetan land and natural resources

    [[Page 118 STAT. 191]]

    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.

        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.

        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.

        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

    [[Page 118 STAT. 192]]

    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.

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

        (b) Sense of Congress.--It is the sense of Congress that the newly
    elected governing entity should enact a constitution

    [[Page 118 STAT. 193]]

    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'').

        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

    [[Page 118 STAT. 194]]

                    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 <<NOTE: Deadlines.>> 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.

        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.

        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.

    [[Page 118 STAT. 195]]

        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.

        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

    [[Page 118 STAT. 196]]

    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.

        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) <<NOTE: Deadline. Reports.>> 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.

    [[Page 118 STAT. 197]]

        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.

        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

    [[Page 118 STAT. 198]]

    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.

        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.

        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

    [[Page 118 STAT. 199]]

            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.

        Sec. 573. (a) Authority.--Funds <<NOTE: 22 USC 2151 note.>> 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.

        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

    [[Page 118 STAT. 200]]

            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.

        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

    [[Page 118 STAT. 201]]

            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''.

        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''.

        Sec. 577. <<NOTE: 22 USC 2151a note. Philippine Education and Health
    Infrastructure>> 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.

    [[Page 118 STAT. 202]]

        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.

        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.

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

    ``SEC. 22. <<NOTE: 22 USC 284t.>> 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.''.

        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:

    [[Page 118 STAT. 203]]

    ``SEC. 1504. <<NOTE: 22 USC 262o-3.>> ADMINISTRATIVE PROVISIONS.

        ``(a) Achievement of Certain Policy Goals.--The Secretary of the
    Treasury should instruct the United States Executive Director at each
    multilateral development institution to inform the institution of the
    following United States policy goals, and use the voice and vote of the
    United States to achieve the goals at the institution before June 30,
    2005:
                ``(1) <<NOTE: Deadline.>> 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) <<NOTE: Records.>> 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) <<NOTE: Procedures.>> 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) <<NOTE: Deadline. Reports.>> Not later than September 1, 2004,
    and 6 months thereafter, the Secretary of the Treasury shall submit a
    report to the appropriate congressional committees describing the
    actions taken by each multilateral development institution to implement
    the policy

    [[Page 118 STAT. 204]]

    goals described in subsection (a), and any further actions that need to
    be taken to fully implement such goals.
        ``(c) <<NOTE: Deadline.>> 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).''.

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

    ``SEC. 31. <<NOTE: 22 USC 285bb.>> 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.''.

        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. <<NOTE: 22 USC 290g-16.>> NINTH REPLENISHMENT.

        ``(a) Contribution Authority.--

    [[Page 118 STAT. 205]]

                ``(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.''.

        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.

        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.

        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.

        Sec. 587. <<NOTE: Deadlines.>> 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, <<NOTE: Reports.>> That the
    Administrator shall submit a report to the Committees on Appropriations
    not

    [[Page 118 STAT. 206]]

    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 <<NOTE: Standards. trade capacity building>> 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.

        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.

        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 <<NOTE: President. Reports.>> 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

    [[Page 118 STAT. 207]]

    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 <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: 5 USC 5925 note. report on azerbaijan>> 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.

        Sec. 592. <<NOTE: Deadline.>> Not later than 90 days after the date
    of the enactment of this Act, the Secretary of State, in consultation
    with the Attorney

    [[Page 118 STAT. 208]]

    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.

        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. <<NOTE: 22 USC 288f-6. code of conduct>> 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.''.

        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) <<NOTE: Deadline. Reports.>> 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;

    [[Page 118 STAT. 209]]

                (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.

        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) <<NOTE: 22 USC 7622.>> 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 <<NOTE: 22 USC 7631. TECHNICAL CORRECTION RELATING TO
            THE ENHANCED HIPC INITIATIVE>> 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''.

        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 <<NOTE: 22 USC 262p-8. INDONESIA>> amended by
           striking ``subparagraph (A)'' and inserting ``clause (i)''.

        Sec. 597. (a) <<NOTE: President. Certification.>> 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

    [[Page 118 STAT. 210]]

            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.

        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.

        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.

        Sec. 599B. (a) Section 3204(f) of the Emergency Supplemental Act,
    2000 (Public Law 106-246) <<NOTE: 114 Stat. 577.>> is amended--

    [[Page 118 STAT. 211]]

                (1) in the heading, by striking ``BIMONTHLY'' and inserting
            ``QUARTERLY'';
                (2) by striking ``60'' and inserting ``90''; and
                (3) by striking ``Congress'' and inserting ``the appropriate
            congressional committees''.

        (b) The report required by section 3204(e) of the Emergency
    Supplemental Act, 2000 (Public Law 106-246) <<NOTE: 114 Stat. 576.>> 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) <<NOTE: 22 USC 262r-6. CPA DETAILEES>> is hereby repealed.

        Sec. 599C. <<NOTE: Reports.>> 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, <<NOTE: Deadline.>> 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 <<NOTE: Millennium Challenge Act of
    2003.>> CHALLENGE ACT OF 2003

    SEC. 601. <<NOTE: 22 USC 7701 note.>> SHORT TITLE.

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

    SEC. 602. <<NOTE: 22 USC 7701.>> 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. <<NOTE: 22 USC 7702.>> 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.

    [[Page 118 STAT. 212]]

                (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. <<NOTE: 22 USC 7703.>> 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 <<NOTE: President.>> 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.

    [[Page 118 STAT. 213]]

        (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.

    [[Page 118 STAT. 214]]

                              (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. <<NOTE: 22 USC 7704.>> 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

    [[Page 118 STAT. 215]]

            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) <<NOTE: Applicability.>> 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. <<NOTE: 22 USC 7705.>> 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

    [[Page 118 STAT. 216]]

            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. <<NOTE: 22 USC 7706.>> 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

    [[Page 118 STAT. 217]]

                (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. <<NOTE: 22 USC 7707.>> CONGRESSIONAL AND PUBLIC NOTIFICATION
                OF CANDIDATE COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE
                COUNTRIES.

        (a) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Federal Register, publication.>> shall publish
            in the Federal Register the information contained in the report
            described in paragraph (1).

        (b) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Federal Register, publication.>> 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.--

    [[Page 118 STAT. 218]]

                (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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Federal Register, publication.>> shall publish
            in the Federal Register the information contained in the report
            described in paragraph (1).

    SEC. 609. <<NOTE: 22 USC 7708.>> 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;

    [[Page 118 STAT. 219]]

                        (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.

    [[Page 118 STAT. 220]]

        (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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Federal Register, publication.>> 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. <<NOTE: Deadlines. 22 USC 7709.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Federal Register, publication.>> 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. <<NOTE: 22 USC 7710.>> SUSPENSION AND TERMINATION OF
                ASSISTANCE.

        (a) Suspension and Termination of Assistance.--After consultation
    with the Board, the Chief Executive Officer may suspend

    [[Page 118 STAT. 221]]

    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 <<NOTE: Deadline. Reports.>> 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. <<NOTE: 22 USC 7711.>> DISCLOSURE.

        (a) Requirement for Disclosure.--The <<NOTE: Public
    information.>> 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 <<NOTE: Federal Register,
    publication.>> 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. <<NOTE: 22 USC 7712.>> ANNUAL REPORT.

        (a) Report.--Not <<NOTE: Deadline.>> later than March 31, 2005, and
    each March 31 thereafter, the President shall submit to Congress a
    report

    [[Page 118 STAT. 222]]

    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. <<NOTE: 22 USC 7713.>> 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

    [[Page 118 STAT. 223]]

    to which no compensation is attached with governments or governmental
    agencies of foreign countries or with international organizations.
        (d) Other Authorities.--Except <<NOTE: Applicability.>> 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).

    [[Page 118 STAT. 224]]

    SEC. 615. <<NOTE: 22 USC 7714.>> 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. <<NOTE: 22 USC 7715.>> 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. <<NOTE: 22 USC 7716.>> 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) <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 225]]

        (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. <<NOTE: 22 USC 7717.>> 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. <<NOTE: 22 USC 7718.>> 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.

    [[Page 118 STAT. 226]]

                (2) Notification.--The <<NOTE: Deadline.>> 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 <<NOTE: Departments of Labor, Health and Human
       Services, and Education, and Related Agencies Appropriations Act,
    2004.>> 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 <<NOTE: Department of Labor Appropriations Act,
    2004.>> OF LABOR

                     Employment and Training Administration

        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

    [[Page 118 STAT. 227]]

    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.

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

        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.

    [[Page 118 STAT. 228]]

        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.

        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.

    [[Page 118 STAT. 229]]

        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.

        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

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

                      Pension Benefit Guaranty Corporation

        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

        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

    [[Page 118 STAT. 230]]

    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.).

        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.

    [[Page 118 STAT. 231]]

        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.

        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.

        Beginning <<NOTE: 26 USC 9501 note.>> 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

        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

    [[Page 118 STAT. 232]]

    18 of the Act; <<NOTE: 29 USC 670 note.>> 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.

    [[Page 118 STAT. 233]]

                      Mine Safety and Health Administration

        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, <<NOTE: 30 USC
    962.>> 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

        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

        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.

    [[Page 118 STAT. 234]]

                             Departmental Management

        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, <<NOTE: 33 USC 921
    note. veterans employment and training>> 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.

        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.

    [[Page 118 STAT. 235]]

        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.

        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.

        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 <<NOTE: Notification.>> 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--

    [[Page 118 STAT. 236]]

                (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. <<NOTE: Ohio. Real property.>> 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''.

    [[Page 118 STAT. 237]]

      TITLE II--DEPARTMENT <<NOTE: Department of Health and Human Services
    Appropriations Act, 2004.>> OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

        For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
    XXVI of the Public Health Service Act, section 427(a) of the Federal
    Coal Mine Health and Safety Act, title V (including section 510), and
    sections 1128E, 711 and 1820 of the Social Security Act, the Health Care
    Quality Improvement Act of 1986, as amended, the Native Hawaiian Health
    Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000,
    and the Poison Control Center Enhancement and Awareness Act,
    $6,698,437,000, of which $367,563,000 shall be available for
    construction and renovation (including equipment) of health care and
    other facilities, abstinence education and related services, and other
    health-related activities as specified in the statement of the managers
    on the conference report accompanying this Act, and of which $39,740,000
    from general revenues, notwithstanding section 1820(j) of the Social
    Security Act, shall be available for carrying out the Medicare rural
    hospital flexibility grants program under section 1820 of such Act:
    Provided, That of the funds made available under this heading, $250,000
    shall be available until expended for facilities renovations at the
    Gillis W. Long Hansen's Disease Center: Provided further, That in
    addition to fees authorized by section 427(b) of the Health Care Quality
    Improvement Act of 1986, fees shall be collected for the full disclosure
    of information under the Act sufficient to recover the full costs of
    operating the National Practitioner Data Bank, and shall remain
    available until expended to carry out that Act: Provided further, That
    fees collected for the full disclosure of information under the ``Health
    Care Fraud and Abuse Data Collection Program'', authorized by section
    1128E(d)(2) of the Social Security Act, shall be sufficient to recover
    the full costs of operating the program, and shall remain available
    until expended to carry out that Act: Provided further, That $25,000,000
    of the funding provided for community health centers shall be used for
    base grant adjustments for existing centers: Provided further, That no
    more than $4,850,000 is available for carrying out the provisions of
    section 233(o) of title 42, United States Code, including associated
    administrative expenses: Provided further, That no more than $45,000,000
    is available for carrying out the provisions of Public Law 104-73:
    Provided further, That $10,000,000 is available until expended to
    establish a National Cord Blood Stem Cell Bank Program as described in
    the statement of the managers on the conference report accompanying this
    Act: Provided further, <<NOTE: Family planning.>> 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, <<NOTE: Abortion.>> 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

    [[Page 118 STAT. 238]]

    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) <<NOTE: Grants. Abstinence. Health Education Assistance Loans
    Program Account>> 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.

        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.

        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

        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

    [[Page 118 STAT. 239]]

    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 <<NOTE: Notification.>> 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

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

    [[Page 118 STAT. 240]]

        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.

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

        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.

        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.

        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.

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

        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.

        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.

        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.

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

    [[Page 118 STAT. 241]]

        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.

        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.

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

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

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

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

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

        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.

        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.

    [[Page 118 STAT. 242]]

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

        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.

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

        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.

        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.

    [[Page 118 STAT. 243]]

        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

        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

        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

    [[Page 118 STAT. 244]]

    on the comparative clinical effectiveness, cost-effectiveness, and
    safety of drugs, biological products, and devices.

                   Centers for Medicare and Medicaid Services

        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.

        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.

        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

    [[Page 118 STAT. 245]]

    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

    [[Page 118 STAT. 246]]

    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.

        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

        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-

    [[Page 118 STAT. 247]]

    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.

        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).

        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.

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

    [[Page 118 STAT. 248]]

    Provided further, That $9,864,000 shall be for use by the Secretary for
         child care research, demonstration, and evaluation activities.

        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.

        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

    [[Page 118 STAT. 249]]

    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, <<NOTE: Procedures. 42 USC 9921 note. promoting safe and stable
    families>> 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.

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

        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

        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

    [[Page 118 STAT. 250]]

    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

        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.

        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.

        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.

        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.

    [[Page 118 STAT. 251]]

        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.

        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

    [[Page 118 STAT. 252]]

    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. <<NOTE: Reports.>> 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.

        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, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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

    [[Page 118 STAT. 253]]

    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

    [[Page 118 STAT. 254]]

    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). <<NOTE: Reports. Deadline.>> 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

    [[Page 118 STAT. 255]]

            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. <<NOTE: 42 USC 284f note.>> 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. <<NOTE: Deadline. Reports.>> 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. <<NOTE: 42 USC 294o note.>> 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''.

    [[Page 118 STAT. 256]]

        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 <<NOTE: Applicability.>> 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 <<NOTE: Department of Education Appropriations Act, 2004.>> 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

    [[Page 118 STAT. 257]]

    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

    [[Page 118 STAT. 258]]

    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).

    [[Page 118 STAT. 259]]

                                Special Education

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

                 Rehabilitation Services and Disability Research

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

               Special Institutions for Persons With Disabilities

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

        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

    [[Page 118 STAT. 260]]

      use funds for the endowment program as authorized under section 207.

        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

    [[Page 118 STAT. 261]]

    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 <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
    student shall be eligible during award year 2004-2005 shall be $4,050.

                           Student Aid Administration

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

                                Higher Education

        For carrying out, to the extent not otherwise provided, section 121
    and titles II, III, IV, V, VI, and VII of the Higher Education Act of
    1965 (``HEA''), as amended, section 1543 of the Higher Education
    Amendments of 1992, title VIII of the Higher Education Amendments of
    1998, and the Mutual Educational and Cultural Exchange Act of 1961,
    $2,094,511,000, of which $2,000,000 for interest subsidies authorized by
    section 121 of the HEA shall remain available until expended: Provided,
    That $9,935,000, to remain available through September 30, 2005, shall
    be available to fund fellowships for academic year 2005-2006 under part
    A, subpart 1 of title VII of said Act, under the terms and conditions of
    part A, subpart 1: Provided further, That $994,000 is for data
    collection and evaluation activities for programs under the HEA,
    including such activities needed to comply with the Government
    Performance and Results Act of 1993: Provided further, That
    notwithstanding any other provision of law, funds made available in this
    Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
    Educational and Cultural Exchange Act of 1961 may be used to support
    visits and study in foreign countries by individuals who are
    participating in advanced foreign language training and international
    studies in areas that are vital to United States national security and
    who plan to apply their language skills and knowledge of these countries
    in the fields of government, the professions, or international
    development: Provided further, That up to 1 percent of the funds
    referred to in the preceding proviso may be used for program evaluation,
    national outreach, and information dissemination activities: Provided
    further, That $123,110,000 of the funds for part B of title VII of the
    Higher Education Act of 1965 shall be available for the projects and in
    the amounts specified in the statement of the managers of the conference
    report accompanying this Act.

    [[Page 118 STAT. 262]]

                                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

        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.

    [[Page 118 STAT. 263]]

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

        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.

        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, <<NOTE: Notification.>> That the Appropriations
    Committees of both Houses of Congress are notified at least 15 days in
    advance of any transfer.

        Sec. <<NOTE: 20 USC 1087kk note.>> 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:

    [[Page 118 STAT. 264]]

                (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,

    [[Page 118 STAT. 265]]

            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) <<NOTE: Deadlines.>> Reports.--
                (1) Interim report.--The Advisory Committee shall, not later
            than 6 months after the date of enactment of this Act, prepare
            and submit an interim report containing any such legislative
            changes as the Advisory Committee recommends to reform and
            simplify the needs analysis under part F of title IV of the
            Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) and
            forms and other requirements under such title to the Committee
            on Education and the Workforce of the House of Representatives,
            the Committee on Health, Education, Labor, and Pensions of the
            Senate, and the Secretary of Education.
                (2) Final report.--The Advisory Committee shall, not later
            than 1 year after the date of enactment of this Act, prepare and
            submit a full final report on the study, including
            recommendations for regulatory and administrative changes
            required by this section, to the Committee on Education and the
            Workforce of the House of Representatives, the Committee on
            Health, Education, Labor, and Pensions of the Senate, and the
            Secretary of Education.

        (f) Implementation.--The Secretary of Education shall consult with
    the Committee on Education and the Workforce of the House of
    Representatives and the Committee on Health, Education, Labor, and
    Pensions of the Senate and shall subsequently initiate a redesign of the
    form required by section 483 of the Higher Education Act of 1965 (20
    U.S.C. 1090). Such redesign shall include the testing of alternative
    simplified versions of the free Federal form. The Secretary shall keep
    the Committee on Education and the Workforce of the House of
    Representatives and the Committee on Health, Education, Labor, and
    Pensions of the Senate fully and currently informed on the progress of
    these efforts.
        (g) Postponement of Tax Table Update Pending Report and
    Implementation.--The Secretary of Education shall not implement or
    enforce for the award year 2004-2005 the annual update to the allowances
    for State and other taxes in the tables used

    [[Page 118 STAT. 266]]

    in the Federal needs analysis methodology, as prescribed by the
    Secretary on May 30, 2003 (68 Fed. Reg. 32473).
        Sec. 306. <<NOTE: Deadline.>> 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

        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

    [[Page 118 STAT. 267]]

    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

        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

        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,

    [[Page 118 STAT. 268]]

    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,

    [[Page 118 STAT. 269]]

    Erie, Pennsylvania, for technology upgrades for the Erie County Library,
    $100,000 shall be awarded to the Fender Museum of the Arts Foundation,
    Corona, California, for the Kids Rock Free educational program, $200,000
    shall be awarded to the Fine Arts Museums of San Francisco for the De
    Young Museum's Art Education Program, $1,500,000 shall be awarded to the
    Florida Holocaust Museum, St. Petersburg, Florida, for school outreach
    program, $750,000 shall be awarded to the Florida International Museum,
    St. Petersburg, Florida, for professional activities, $1,600,000 shall
    be awarded to the Folger Library, Washington, D.C., for exhibits,
    operations, and public programs including education and outreach,
    $50,000 shall be awarded to the Forsyth County Public Library, Winston-
    Salem, North Carolina, for salaries, supplies, personnel and materials,
    $50,000 shall be awarded to the Gault Family Learning Center, Wooster,
    Ohio, for PALS/Parenting Resource Center/Growing Together, $250,000
    shall be awarded to the General George S. Patton Jr. National Museum of
    Cavalry and Armor, Fort Knox, Kentucky, $500,000 shall be awarded to the
    George C. Marshall Foundation in Lexington, Virginia, for exhibit design
    and development and collection preservation, $500,000 shall be awarded
    to the Grout Museum, Waterloo, Iowa, for exhibits and design of the
    Sullivan Brothers Veterans Museum and Research Center, $200,000 shall be
    awarded to the Heritage Harbor Museum of Providence, Rhode Island, for
    exhibit design and development relating Rhode Island and American
    history, $150,000 shall be awarded to the Hernando County Library
    System, Florida, for technology improvements at West Hernando Branch
    Library, Brooksville Main Library, Spring Hill Library, and East
    Hernando Branch Library, $250,000 shall be awarded to the Hesperia
    Community Library, Hesperia, California, $200,000 shall be awarded to
    the Historical Society of Western Pennsylvania, Pittsburgh,
    Pennsylvania, for exhibit and curriculum development for the Western
    Pennsylvania Sports Museum at the Senator John Heinz Pittsburgh Regional
    History Center, $150,000 shall be awarded to the Historical Society of
    Western Pennsylvania, Pittsburgh, Pennsylvania, for exhibit design and
    development for the Meadowcraft Museum of Rural Life, $250,000 shall be
    awarded to the Idaho State University, Pocatello, Idaho, for a Virtual
    Idaho Museum of Natural History project, $50,000 shall be awarded to the
    Imaginarium Science Center, Anchorage, Alaska, to develop science
    exhibits and distance delivery modules, $100,000 shall be awarded to the
    International Museum of Women to develop exhibits on the history of
    women's lives worldwide, $100,000 shall be awarded to the International
    Storytelling Center, Jonesborough, Tennessee, $100,000 shall be awarded
    to the James Ford Bell Museum of Natural History, Minneapolis,
    Minnesota, to produce detailed exhibit design and development, $100,000
    shall be awarded to the Kishacoquillas Valley Historical Society,
    Allensville, Pennsylvania, for care and preservation of collection,
    $100,000 shall be awarded to the Lafayette College, Easton,
    Pennsylvania, for technology updates to the Skillman Library, $166,000
    shall be awarded to the Madera County Resource Management Agency,
    Madera, California, $21,000 shall be awarded to the Magic House,
    Kirkwood, Missouri for the development and design of interactive
    exhibits and software to be used within The Magic Library to support
    family literacy, $100,000 shall be awarded to the Mary Meuser Memorial
    Library, Easton, Pennsylvania, for library upgrades,

    [[Page 118 STAT. 270]]

    $250,000 shall be awarded to the Metropolitan Museum of Art, New York,
    in conjunction with the Fairbanks Museum of Art and the Anchorage Museum
    of History and Art, for costs of mounting the exhibit and for costs
    associated with bringing the exhibit to Alaska, $350,000 shall be
    awarded to the Michigan Space and Science Center, Jackson, Michigan, for
    development of the strategic plan, operational costs and personnel,
    $450,000 shall be awarded to the Mississippi Department of Archives and
    History, Jackson, Mississippi, to complete the preservation and
    restoration of the Eudora Welty House, $75,000 shall be awarded to the
    Mobile Museum of Art, Mobile, Alabama, for equipment and supplies, and
    for exhibit design and development, $100,000 shall be awarded to the
    Morehouse College Library, Atlanta, Georgia, for historical preservation
    of documents and records, $100,000 shall be awarded to the Mother Bethel
    Foundation, Philadelphia, Pennsylvania, for care and preservation of
    collection at the Richard Allen Museum, $225,000 shall be awarded to the
    Museum of Aviation Foundation Inc., Warner Robins, Georgia, $250,000
    shall be awarded to the Museum of Broadcast Communications, Chicago,
    Illinois, for educational programming, $1,000,000 shall be awarded to
    the Museum of Science in Boston, Massachusetts, for technology upgrades
    and equipment for the National Center for Technology Literacy, $100,000
    shall be awarded to the Mystic Seaport, the Museum of America and the
    Sea, Mystic, Connecticut, to support collections, $50,000 shall be
    awarded to the National Canal Museum, Easton, Pennsylvania, for
    educational programming and exhibits on the use of transportation and
    industrial technology along the Lehigh Canal, $400,000 shall be awarded
    to the National Center for American Revolution, Wayne, Pennsylvania, for
    exhibit design and curriculum development for the Museum of the American
    Revolution at Valley Forge National Historic Park, $50,000 shall be
    awarded to the National Center for the Study of Civil Rights and
    African-American Culture, Alabama State University, Montgomery, Alabama,
    for support of events leading into the 50th anniversary of the
    Montgomery Bus Boycott, $500,000 shall be awarded to the National Civil
    Rights Museum in Memphis for exhibit design and development, and for
    educational programs, $16,000 shall be awarded to the National Distance
    Running Hall of Fame, Utica, New York, for display cases and to
    establish new interactive displays, $500,000 shall be awarded to the
    National Liberty Museum, Philadelphia, Pennsylvania, for a teacher
    training program to assist educators in addressing violence in schools,
    $650,000 shall be awarded to the National Mississippi River Museum and
    Aquarium in Dubuque, Iowa for exhibits, $200,000 shall be awarded to the
    National Museum of American Jewish History, Philadelphia, Pennsylvania,
    for online educational programming and technology modernization,
    $1,000,000 shall be awarded to the National Museum of Women in the Arts,
    Washington, D.C., $1,000,000 shall be awarded to the Native American
    Cultural and Educational Authority, Oklahoma City, Oklahoma, for the
    Oklahoma Native American Culture Center and Museum, to be expended only
    upon meeting the matching requirements in title III, section
    301(b)(2)(B) of Public Law 107-331, $300,000 shall be awarded to the
    Negro Leagues Baseball Museum, Kansas City, Missouri, for exhibits for
    the Double Play Action Center, $400,000 shall be awarded to the New York
    Botanical Garden's Virtual Herbarium imaging project in Bronx, New York,
    $900,000 shall be awarded to the New York

    [[Page 118 STAT. 271]]

    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

    [[Page 118 STAT. 272]]

    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

        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

        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

        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

        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

    [[Page 118 STAT. 273]]

    (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

        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

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

                            Railroad Retirement Board

        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.

        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.

        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.

        For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the

    [[Page 118 STAT. 274]]

    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

        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.

        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.

        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

    [[Page 118 STAT. 275]]

    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.

        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

        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.

    [[Page 118 STAT. 276]]

        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.

    [[Page 118 STAT. 277]]

        Sec. 508. (a) <<NOTE: Abortions.>> 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) <<NOTE: Embryos.>> 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) <<NOTE: Drugs and drug abuse.>> 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--

    [[Page 118 STAT. 278]]

                (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 <<NOTE: Deadline. Reports.>> 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''.

    [[Page 118 STAT. 279]]

         DIVISION F--DEPARTMENTS <<NOTE: Transportation, Treasury, and
     Independent Agencies Appropriations Act, 2004.>> 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

        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

    [[Page 118 STAT. 280]]

    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.

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

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

        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.

        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.

        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.

        In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C.

    [[Page 118 STAT. 281]]

    41731 through 41742, $52,000,000, to be derived from the Airport and
    Airway Trust Fund, to remain available until expended.

                         Federal Aviation Administration

        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

    [[Page 118 STAT. 282]]

    amount appropriated under this heading, not to exceed $50,000 may be
    transferred to the Aircraft Loan Purchase Guarantee Program: Provided
    further, <<NOTE: Deadline. Regulations. 5 USC 8335 note. Facilities and
    Equipment (airport and airway trust fund)>> 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.

        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

    [[Page 118 STAT. 283]]

    provided under this heading, $25,000,000 is available only for the
                        Houston Area Air Traffic System.

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

        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.

        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.

    [[Page 118 STAT. 284]]

        Sec. 101. <<NOTE: 49 USC 44502 note.>> 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.

    [[Page 118 STAT. 285]]

                         Federal Highway Administration

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

        None <<NOTE: 23 USC 104 note.>> 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;

    [[Page 118 STAT. 286]]

                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;

    [[Page 118 STAT. 287]]

                Integration and Implementation of DYNASMART-X, RHODES and
            CLAIRE in Houston, Texas, $500,000;
                Intelligent Transportation System (Kansas City metro area),
            $200,000;
                Intelligent Transportation Systems--Phases II and III, Ohio,
            $700,000;
                Intelligent Transportation Systems Deployment Project,
            Inglewood, California, $500,000;
                Intelligent Transportation Systems, City of Wichita Transit
            Authority, $750,000;
                Intelligent Transportation Systems, Statewide and Commercial
            Vehicle Information Systems Network, Maryland, $750,000;
                Intelligent Transportation Systems, Washington, D.C. Region,
            $500,000;
                Intersection Signalization Project for the City of Virginia
            Beach, Virginia, $500,000;
                Iowa Transportation Systems, $750,000;
                ITS Baton Rouge, Louisiana, $1,250,000;
                ITS Expansion in Davis and Utah Counties, Utah, $1,250,000;
                ITS Logistics and Systems Management for the Gateway Cities,
            $250,000;
                ITS Technologies, San Antonio, Texas, $200,000;
                ITS, Cache Valley, Utah, $1,000,000;
                Jacksonville Transportation Authority, Intelligent
            Transportation Initiative--Regional Planning, Florida, $750,000;
                King County, County-wide Signal Program, Washington,
            $1,500,000;
                Lincoln, Nebraska StarTran Automatic Vehicle Locator System,
            $1,000,000;
                Los Angeles MTA Regional Universal Fare System, $500,000;
                Macomb County ITS Integration, Michigan, $600,000;
                Maine Statewide ITS, $1,000,000;
                Market Street Signalization Improvements, $100,000;
                MARTA Automated Fare Collection/Smart Card System, Georgia,
            $700,000;
                Metrolina Transportation Management Center, $1,750,000;
                Mid-America Surface Transportation Water Research Institute,
            North Dakota, $500,000;
                Minnesota Guidestar, $1,250,000;
                Missouri Statewide Rural ITS, $4,000,000;
                Mobile Data Computer Network Phase II (MDCN), Wisconsin,
            $2,200,000;
                Monroe County ATMS ITS Deployment Project, $800,000;
                Montachusett Area Regional Transit (MART) AVLS,
            Massachusetts, $240,000;
                Multi Region Advanced Traveler Information System (ATIS) for
            the IH-20 Corridor--Phase 1 in Texas, $550,000;
                Nebraska Statewide Intelligent Transportation System
            Deployment, $1,000,000;
                New York State Thruway Authority Traffic Operation Package
            for I-95 and I-87, $1,676,000;
                North Bergen, New Jersey Traffic Signalization Replacement,
            $1,000,000;

    [[Page 118 STAT. 288]]

                Oklahoma Statewide ITS, $4,000,000;
                Palm Tran, Palm Beach County, Florida--Automated Vehicle
            Location and Mobile Data Terminals, $1,000,000;
                Portland State University Intelligent Transportation
            Research Initiative, $400,000;
                Program of Projects, Washington, $2,000,000;
                Project Hoosier SAFE-T, $2,000,000;
                Real Time Transit Passenger Information System for the
            Prince George's County Dept. of Public Works, Maryland,
            $1,000,000;
                Regional Intelligent Transportation System, Springfield,
            Missouri, $2,000,000;
                Regional ITS Architecture and Deployment Plan for the Eagle
            Pass Region and Integrate with Laredo, $300,000;
                Roosevelt Boulevard ITS Enhancement Pilot Program, $750,000;
                Rural Freeway Management System Implementation for the IH-20
            Corridor in the Tyler Region--Phase 1, $200,000;
                Sacramento Area Council of Governments--ITS Projects,
            California, $1,175,000;
                San Diego Joint Transportation Operations Center, $400,000;
                Seacoast Intelligent Transportation System Congestion Relief
            Project, $1,000,000;
                Seattle City Center ITS, Washington, $2,500,000;
                Shreveport Intelligent Transportation System, Louisiana,
            $1,000,000;
                South Carolina DOT Inroads Intelligent Transportation
            System, $3,500,000;
                Spotswood Township, NJ; Expand and improve traffic flow with
            road improvements, $250,000;
                SR 924 ITS Integration Project, $1,000,000;
                SR 112 ITS Integration Project, $300,000;
                Statewide AVL Initiative, Nebraska, $300,000;
                Swatara Township, Pennsylvania--Traffic Signalization
            Improvements, $100,000;
                TalTran ITS Smartbus Program, Florida, $1,750,000;
                Texas Medical Center EMS Early Warning Transportation
            System, $1,000,000;
                Texas Statewide ITS Deployment and Integration, City of
            Lubbock, $400,000;
                Texas Statewide ITS Deployment and Integration, Port of
            Galveston, $400,000;
                Town of Cary Computerized Traffic Signal Project, North
            Carolina, $800,000;
                Traffic Signal Controllers & Cabinets, District of Columbia,
            $400,000;
                TRANSCOM Regional Architecture & TRANSMIT project, NJ, NY, &
            CT, $500,000;
                Transportation Research Center (TRC) for Freight, Trade,
            Security, and Economic Strength, Georgia, $500,000;
                Tukwila, Signalization Interconnect and Intelligent
            Transportation, Washington, $1,400,000;
                Twin Cities, Minnesota Redundant Communications Pilot,
            $1,000,000;
                Tysons Transportation Association--ITS, $250,000;
                University of Kentucky Transportation Center, $1,000,000;

    [[Page 118 STAT. 289]]

                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.

        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.

        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

    [[Page 118 STAT. 290]]

    301 of title 49, United States Code, and part C of subtitle VI of title
    49, United States Code: Provided, That funds shall be made available
    from a State's available unobligated balances in the programs funded
    under sections 1101(a)(1) through (5) of Public Law 105-178, as amended,
    in the ratio that the State's total amount of funds apportioned under
    such programs for fiscal year 2003 bears to the total amount of funds
    apportioned to all States under such programs: Provided further, That
    the funds made available under this heading may be transferred by the
    Secretary to another Federal agency, such funds to be then administered
    by the procedures of the Federal agency to which such funds are
    transferred: Provided further, That none of the funds provided to the
    National Highway Traffic Safety Administration may be obligated or
    expended to plan, finalize, or implement any rulemaking to add to
    section 575.104 of title 49, Code of Federal Regulations any requirement
    pertaining to a grading standard that is different from the three
    grading standards (treadwear, traction, and temperature resistance)
    already in effect: Provided further, That all funds made available for
    obligation under this heading shall be available in the same manner as
    though such funds were apportioned under chapter 1 of title 23, United
    States Code, except that the Federal share payable on account of any
    program, project, or activity carried out with funds made available
    under this heading shall be 100 percent and such funds shall remain
    available for obligation until expended: Provided further, That all
    funds made available under this heading shall be subject to any
    limitation on obligations for Federal-aid highways and highway safety
    construction programs set forth in this Act or any other Act.

                              Federal-Aid Highways

        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.

        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.

        Sec. 110. (a) <<NOTE: 23 USC 104 note.>> 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

    [[Page 118 STAT. 291]]

            ``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.

    [[Page 118 STAT. 292]]

        (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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 293]]

    in subsection (a)(4) shall remain available until used and shall be in
    addition to the amount of any limitation imposed on obligations for
    Federal-aid highway and highway safety construction programs for future
    fiscal years.
        (g) Of the obligation authority distributed to a State under
    subsection (a)(6), an amount of obligation authority equal to the amount
    for each surface transportation project in such State identified in
    section 115 of the statement of managers accompanying this Act shall be
    available for carrying out each project.
        (h) The obligation limitation made available for the programs,
    projects, and activities for which funds are made available under the
    heading ``Federal-Aid Highways, Miscellaneous Highway and Highway Safety
    Program'' of this Act shall remain available until used and shall be in
    addition to the amount of any limitation imposed on obligations for
    Federal-aid highway and highway safety construction programs for future
    fiscal years.
        Sec. 111. Notwithstanding any other provision of law:
                (1) Section 1105(c) of the Intermodal Surface Transportation
            Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 191; 115 Stat.
            871) is amended--
                        (A) in paragraph (42), by striking ``Fulton,
                    Mississippi,'' the first time that it appears and all
                    that follows to the end of the paragraph and inserting
                    ``Fulton, Mississippi.''; and
                        (B) by adding at the end the following:
                ``(45) The United States Route 78 Corridor from Memphis,
            Tennessee, to Corridor X of the Appalachian development highway
            system near Fulton, Mississippi, and Corridor X of the
            Appalachian development highway system extending from near
            Fulton, Mississippi, to near Birmingham, Alabama.''.
                (2) Section 1105(e)(5) of the Intermodal Surface
            Transportation Efficiency Act of 1991 (105 Stat. 2032; 115 Stat.
            872) is amended--
                        (A) in subparagraph (A) by striking ``(A) In
                    general.--The portions'' and all that follows through
                    the end of the first sentence and inserting:
                        ``(A) In general.--The portions of the routes
                    referred to in subsection (c)(1), subsection (c)(3)
                    (relating solely to the Kentucky Corridor), clauses (i),
                    (ii), and (except with respect to Georgetown County)
                    (iii) of subsection (c)(5)(B), subsection (c)(9),
                    subsections (c)(18) and (c)(20), subsection (c)(36),
                    subsection (c)(37), subsection (c)(40), subsection
                    (c)(42), and subsection (c)(45) that are not a part of
                    the Interstate System are designated as future parts of
                    the Interstate System.''; and
                        (B) by adding the following at the end of
                    subparagraph (B)(i): ``The route referred to in
                    subsection (c)(45) is designated as Interstate Route I-
                    22.''.

        Sec. 112. Notwithstanding any other provision of law, in section
    1602 of the <<NOTE: 112 Stat. 256.>> 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

    [[Page 118 STAT. 294]]

            and diversion options for William Street and Broadway Street in
            Cheektowaga, I-90 Corridor Study; Interchange 53 to Interchange
            49, PIN 552830 and Cheektowaga Rails to Trails, PIN 575508''.
                (3) Item number 476 is amended by striking ``Expand Perkins
            Road in Baton Rouge'' and inserting ``Feasibility study, design,
            and construction of a connector between Louisiana Highway 1026
            and I-12 in Livingston Parish''.
                (4) Item 4 of the table contained in section 1602 of the
            Transportation Equity Act for the 21st Century, relating to
            construction of a bike path in Michigan, is amended by striking
            ``between Mount Clemens and New Baltimore'' and inserting ``for
            the Macomb Orchard Trail in Macomb County''.
                (5) Item number 1077 is amended by striking ``Construct I-
            95-I-26 interchange, Orangeburg Co'' and inserting ``Expand
            Transportation Research Center, South Carolina State University,
            Orangeburg, SC''.
                (6) Item number 897 is amended by striking ``Upgrade Bishop
            Ford Expressway/142nd St. interchange'' and inserting ``Road
            upgrade and access road near the intersection of I-80 and I-57
            in Country Club Hills, Illinois''.
                (7) Item number 436 is amended by inserting after ``Ohio
            River Major Investment Study Project, Kentucky and Indiana'' the
            following: ``, and preliminary engineering and right of way
            acquisition associated with the project''.

        Sec. 113. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
    the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 114. Intelligent Transportation Systems appropriations made to
    the State of Wisconsin in Public Law 105-277, Public Law 106-69, and
    Public Law 107-87 shall not be subject to the limitations of Public Law
    105-178, section 5208(d), 23 U.S.C. 502 note.
        Sec. 115. Notwithstanding any other provision of law, from the
    available unobligated balances under the programs for which funds are
    authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3),
    1101(a)(4), and 1101(a)(5) of Public Law 105-178, as amended, of each
    State for which a project or projects in such State identified under
    this section in the statement of managers accompanying this Act shall be
    made available for necessary expenses to carry out such project:
    Provided, That the amount identified for each such project shall be made
    available from the State's unobligated balance in any of the five
    specified programs for which the project would be eligible, such
    selection to be at the option of the State: Provided further, That if a
    project is not otherwise eligible for funding under one of the five
    programs, then such project shall be deemed eligible and shall be funded
    from the unobligated balance of funds made available for the program for
    which funds are authorized under section 1101(a)(4) of Public Law 105-
    178, as amended, but not including funds setaside pursuant to section
    133(d) of title 23, United States Code: Provided further, That funds
    made available under this section may, at the request of a State, be
    transferred by the Secretary to another

    [[Page 118 STAT. 295]]

    Federal agency to carry out a project funded under this section, such
    funds to be then administered by the procedures of the Federal agency to
    which such funds may be transferred: Provided further, That all funds
    made available for obligation under this section shall be available in
    the same manner as though such funds were apportioned under chapter 1 of
    title 23, United States Code, except that the Federal share payable on
    account of any program, project, or activity carried out with funds made
    available under this heading shall be 100 percent and such funds shall
    remain available for obligation until expended: Provided further, That
    all funds made available in this section shall be subject to any
    limitation on obligations for Federal-aid highways and highway safety
    construction programs set forth in this Act or any other Act.
        Sec. 116. <<NOTE: Wisconsin.>> 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. <<NOTE: Contracts. Nevada. Arizona.>> 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. <<NOTE: 105 Stat. 2060.>> 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''.

    [[Page 118 STAT. 296]]

        Sec. 119. <<NOTE: Michigan.>> The funds provided under the heading
    ``Transportation and Community and System Preservation Program'' in
    Conference Report No. 106-940 for the Lodge Freeway pedestrian overpass,
    Detroit, Michigan, shall be transferred to, and made available for,
    enhancements in the East Riverfront, Detroit, Michigan.

        Sec. 120. <<NOTE: Michigan.>> The funds provided under the heading
    ``Transportation and Community and System Preservation Program'' in
    Conference Report No. 107-308 for the Eastern Market pedestrian overpass
    park, shall be transferred to, and made available for, enhancements in
    the East Riverfront, Detroit, Michigan.

        Sec. 121. Kansas Recreation Areas. Any unexpended balances of the
    amounts made available by the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7) from the Federal-aid highway account for
    improvements to Council Grove Lake, Kansas, shall be available to make
    improvements to Richey Cove, Santa Fe Recreation Area, Canning Creek
    Recreation Area, and other areas in the State of Kansas.
        Sec. 122. <<NOTE: 117 Stat. 413.>> Section 330 of Public Law 108-7
    is amended to read as follows: In addition to amounts otherwise made
    available in this Act, to enable the Secretary of Transportation to make
    grants for surface transportation projects, $90,600,000 to remain
    available until expended: Provided, That notwithstanding any other
    provision of law, the surface transportation projects identified in the
    Joint Explanatory Statement of the Committee of Conference accompanying
    this Act are also eligible for funding made available by the immediately
    preceding clause of this provision: Provided further, That
    notwithstanding any other provision of law and the immediately preceding
    clause of this provision, the Secretary of Transportation may use
    amounts made available by this section to make grants for any surface
    transportation project otherwise eligible for funding under title 23 or
    title 49, United States Code.

        Sec. 123. (a) Section 14501 of title 40, United States Code, is
    amended in the third sentence by striking ``three thousand and twenty-
    five'' and inserting ``three thousand and ninety''.
        (b) There is hereby designated as Corridor X-1 in Alabama an
    addition to the Appalachian development highway system. Corridor X-1
    shall extend approximately 65 miles along the alignment of the
    Birmingham Northern Beltline from Interstate 20/59, in the vicinity of
    Interstate 459 southwest of Birmingham, and extending northward crossing
    State Route 269 and Corridor X and continuing eastward crossing
    Interstate 65, United States Route 31, State Route 79, State Route 75,
    Interstate 59, United States Route 11, United States Route 411, and
    connecting to Interstate 20 to the east of Birmingham. Corridor X-1
    shall be developed as a multi-lane freeway, with interchanges at
    appropriate crossroad locations.
        Sec. 124. Motorist Information Concerning Pharmacy Services. (a) In
    General.--Not <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 297]]

    located within 3 miles of an interchange on the Federal-aid system (as
    defined in section 101 of title 23, United States Code).
        Sec. 125. Notwithstanding any other provision of law, funds
    obligated for pre-implementation costs, project design, and
    implementation costs of the I-15 Congestion Pricing Project, also known
    as the I-15 FasTrack project located in the city of San Diego shall be
    eligible for funding the costs incurred under such project. The Federal
    share payable for the total cost of the project shall not exceed 80
    percent.
        Sec. 126. The project name in House Report No. 108-10, delineating
    projects referenced in division I, section 330, of the Fiscal Year 2003
    Omnibus Appropriations Act, Public Law 108-7, is amended by striking
    ``Freight Enhancement KY Highlands, Kentucky,'' and inserting ``Kentucky
    Highlands, Freight Enhancement Revolving Loan Fund, Kentucky''.
    Notwithstanding any other provision of law, such revolving loan fund
    shall be eligible for the funding made available under this section and
    administered consistent with section 1511 of Public Law 105-178, except
    that such assistance shall be to assist in financing freight enhancement
    projects and that capitalization of such fund shall be limited to the
    amount made available by division I, section 330 of Public Law 108-7.
        Sec. 127. The amount made available for obligation in fiscal year
    2003 for the project Kannapolis Parkway & Interstate 85 Interchange-
    Kannapolis, North Carolina as specified in section 329 of Public Law
    108-7 and on page 1317 of the Joint Committee of the Conference pursuant
    to the Joint Resolution Making Consolidated Appropriations for fiscal
    year 2003 shall be reprogrammed and transferred to and made available
    for obligation for ``Kannapolis Industrial Park Access Road-Kannapolis,
    North Carolina''.
        Sec. 128. Section 378 of the Department of Transportation and
    Related Agencies Appropriations Act, 2001 (as enacted into law by Public
    Law 106-346; 114 Stat. 1356A-40) is amended by striking ``$5,000,000 for
    improvements to US 73 from State Avenue North to Marxen Road in
    Wyandotte County, Kansas'' and inserting ``$5,000,000 for improvements
    to US 73 from State Avenue north to Marxen Road, and along US 73 on
    State Avenue eastward to its terminus at I-435, in Wyandotte County,
    Kansas''.
        Sec. 129. Section 375 of division I of the Consolidated
    Appropriations Resolution, 2003 (117 Stat. 428) is amended by inserting
    before the period at the end the following: ``, including construction
    of a connector road between the newly relocated State Route 1045 and
    Saint Vincent College, Latrobe, PA''.

                   Federal Motor Carrier Safety Administration

        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

    [[Page 118 STAT. 298]]

    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.

         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''.

        Sec. 130. <<NOTE: Reports.>> 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

        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

    [[Page 118 STAT. 299]]

    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.

        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.

        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.

        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, <<NOTE: Reports.>> 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

    [[Page 118 STAT. 300]]

    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

        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.

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

         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

    [[Page 118 STAT. 301]]

    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.

        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.

        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.

        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, <<NOTE: Deadline.>> 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)

    [[Page 118 STAT. 302]]

    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, <<NOTE: Deadlines. Reports.>> 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, <<NOTE: Public information. General Provisions--
    Federal Railroad Administration>> 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.

        Sec. 150. To authorize the Surface Transportation Board to direct
    the continued operation of certain commuter rail passenger
    transportation operations in emergency situations, and for other
    purposes:
                (1) Section 11123 of title 49, United States Code, is
            amended--
                        (A) in subsection (a)--
                              (i) by inserting ``failure of existing
                          commuter rail passenger transportation operations
                          caused by a cessation of service by the National
                          Railroad Passenger Corporation,'' after
                          ``cessation of operations,'';
                              (ii) by striking ``or'' at the end of
                          paragraph (3);
                              (iii) by striking the period at the end of
                          paragraph (4)(C) and inserting ``; or''; and
                              (iv) by adding at the end the following new
                          paragraph:
                ``(5) in the case of a failure of existing freight or
            commuter rail passenger transportation operations caused by a
            cessation of service by the National Railroad Passenger
            Corporation, direct the continuation of the operations and
            dispatching, maintenance, and other necessary infrastructure
            functions related to the operations.'';
                        (B) in subsection (b)(3)--

    [[Page 118 STAT. 303]]

                              (i) by striking ``When'' and inserting ``(A)
                          Except as provided in subparagraph (B), when'';
                          and
                              (ii) by adding at the end the following new
                          subparagraph:

        ``(B) In the case of a failure of existing freight or commuter rail
    passenger transportation operations caused by a cessation of service by
    the National Railroad Passenger Corporation, the Board shall provide
    funding to fully reimburse the directed service provider for its costs
    associated with the activities directed under subsection (a), including
    the payment of increased insurance premiums. The Board shall order
    complete indemnification against any and all claims associated with the
    provision of service to which the directed rail carrier may be
    exposed.'';
                        (C) by adding the following new paragraph at the end
                    of subsection (c):
                ``(4) In the case of a failure of existing freight or
            commuter rail passenger transportation operations caused by
            cessation of service by the National Railroad Passenger
            Corporation, the Board may not direct a rail carrier to
            undertake activities under subsection (a) to continue such
            operations unless--
                ``(A) the Board first affirmatively finds that the rail
            carrier is operationally capable of conducting the directed
            service in a safe and efficient manner; and
                ``(B) the funding for such directed service required by
            subparagraph (B) of subsection (b)(3) is provided in advance in
            appropriations Acts.''; and
                        (D) by adding at the end the following new
                    subsections:

        ``(e) For purposes of this section, the National Railroad Passenger
    Corporation and any entity providing commuter rail passenger
    transportation shall be considered rail carriers subject to the Board's
    jurisdiction.
        ``(f) For purposes of this section, the term `commuter rail
    passenger transportation' has the meaning given that term in section
    24102(4).''.
                (2) Section 24301(c) of title 49, United States Code, is
            amended by inserting ``11123,'' after ``except for sections''.

        Sec. 151. <<NOTE: Procedures. 49 USC 24101 note.>> 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

    [[Page 118 STAT. 304]]

    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

        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, <<NOTE: Reports. Formula
    Grants (including transfer of funds)>> 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.

        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

    [[Page 118 STAT. 305]]

    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''.

        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.

        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).

        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.

        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

    [[Page 118 STAT. 306]]

    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;

    [[Page 118 STAT. 307]]

                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.

        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

    [[Page 118 STAT. 308]]

    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''.

        Sec. 160. <<NOTE: 49 USC 5338 note.>> 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.

    [[Page 118 STAT. 309]]

        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 <<NOTE: 49 USC 5307 note.>> 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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 310]]

    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,

    [[Page 118 STAT. 311]]

    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 <<NOTE: Termination date.>> 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) <<NOTE: 112 Stat. 379.>> 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.

    [[Page 118 STAT. 312]]

        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

        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.

        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.

        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.

        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.

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

        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

    [[Page 118 STAT. 313]]

    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

        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.

        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.

        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.

    [[Page 118 STAT. 314]]

                           Office of Inspector General

        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 <<NOTE: Air carriers.>> 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

        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

        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

    [[Page 118 STAT. 315]]

    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.

        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.

        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.

        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.

        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.

    [[Page 118 STAT. 316]]

        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

        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

        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

        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

        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

    [[Page 118 STAT. 317]]

    and protective service capital investments of the United States Mint
    shall not exceed $40,652,000.

                            Bureau of 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

        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.

        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

    [[Page 118 STAT. 318]]

    authority shall be in addition to any other transfer authority provided
                                  in this Act.

        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.

        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.

        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.

        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. <<NOTE: 26 USC 7804 note.>> 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. <<NOTE: Procedures. 26 USC 6103 note.>> 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

    [[Page 118 STAT. 319]]

    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. <<NOTE: Deadline. Proposal. Pensions.>> 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. <<NOTE: 26 USC 32 note.>> 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) <<NOTE: Deadlines.>> Report.--

    [[Page 118 STAT. 320]]

                (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. <<NOTE: Certification.>> 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

    [[Page 118 STAT. 321]]

    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. <<NOTE: 12 USC 5018 note.>> 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, <<NOTE: 3 USC 102 note.>> 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

        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

        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.

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That

    [[Page 118 STAT. 322]]

    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, <<NOTE: Notices. Deadlines.>> 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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Records. White House Repair and Restoration>> 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.

        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.

    [[Page 118 STAT. 323]]

                          Council of Economic Advisers

        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

        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

        For necessary expenses of the National Security Council, including
    services as authorized by 5 U.S.C. 3109, $10,551,000.

                            Office of Administration

        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

        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, <<NOTE: Applicability.>> 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

    [[Page 118 STAT. 324]]

    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

        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 <<NOTE: 21 USC 1702
    note. counterdrug technology assessment center (including transfer of
    funds)>> 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.

        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

        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

    [[Page 118 STAT. 325]]

    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.

        For activities to support a national anti-drug campaign for youth,
    and for other purposes, authorized by the Office of National Drug
    Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.),
    $229,000,000, to remain available until expended, of which the following
    amounts are available as follows: $145,000,000 to support a national
    media campaign, as authorized by the Drug-Free Media Campaign Act of
    1998; $70,000,000 to continue a program of matching grants to drug-free
    communities, of which $1,000,000 shall be a directed grant to the
    Community Anti-Drug Coalitions of America for the National Community
    Anti-Drug Coalition Institute, as authorized in chapter 2 of the
    National Narcotics Leadership Act of 1988, as amended; $3,000,000 for
    the Counterdrug Intelligence Executive Secretariat; $2,000,000 for
    evaluations and research related to National Drug Control Program
    performance measures; $1,000,000 for the National Drug Court Institute;
    $7,200,000 for the United States Anti-Doping Agency for anti-doping
    activities; and $800,000 for the United States membership dues to the
    World Anti-Doping Agency: Provided, That such funds may be transferred
    to other Federal departments and agencies to carry out such activities:
    Provided further, That of the amounts appropriated for a national media
    campaign, no less than 78 percent shall be used for the purchase of
    advertising time and space for the national media campaign.

                               Unanticipated Needs

        For expenses necessary to enable the President to meet unanticipated
    needs, in furtherance of the national interest, security, or defense
    which may arise at home or abroad during the current fiscal year, as
    authorized by 3 U.S.C. 108, $1,000,000.

     Special Assistance to the President and the Official Residence of the
                                 Vice President

        For necessary expenses to enable the Vice President to provide
    assistance to the President in connection with specially assigned

    [[Page 118 STAT. 326]]

    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.

        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.

        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

        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

        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.

        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

    [[Page 118 STAT. 327]]

    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

        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

        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

        For necessary expenses to carry out the Help America Vote Act of
    2002, $1,200,000.

                            Election Reform Programs

        For necessary expenses to carry out a program of requirements
    payments to States as authorized by section 257 of the Help America Vote
    Act of 2002, $500,000,000: Provided, That no more that one-tenth of 1
    percent of funds available for requirements payments under section 257
    of the Help America Vote Act of 2002 shall be allocated to any
    territory: Provided further, That of the funds made available for
    providing grants to assist State and local efforts to improve election
    technology and the administration of Federal elections, as authorized by
    such Act, not to exceed $100,000 shall be transferred to the General
    Services Administration for necessary administrative expenses to carry
    out programs of payments to States as authorized by section 257 of such
    Act.

    [[Page 118 STAT. 328]]

                        Federal Labor Relations Authority

        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

        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

        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;

    [[Page 118 STAT. 329]]

    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.

    [[Page 118 STAT. 330]]

                              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, <<NOTE: Expiration date.>> 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.

    [[Page 118 STAT. 331]]

                              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 <<NOTE: Expiration
    date.>> 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

    [[Page 118 STAT. 332]]

    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.

        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.

        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.

        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.

        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

    [[Page 118 STAT. 333]]

    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

        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.

        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

    [[Page 118 STAT. 334]]

    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) <<NOTE: New Hampshire.>> Notwithstanding any other
    provision of law, the Administrator of General Services is authorized to
    acquire, under such terms and conditions as he deems to be in the
    interests of the United States, approximately 27 acres of land,
    identified as Site 7 and located at 234 Corporate Drive, Pease
    International Tradeport, Portsmouth, NH 03801, as a site for the public
    building needs of the Federal Government, and to design and construct
    upon the site a new Federal Office Building of approximately 98,000
    gross square feet: Provided, That the Administrator shall not acquire
    any property under this subsection until the Administrator determines
    that the property is in compliance with applicable environmental laws,
    and that the property is suitable and available for use as a site to
    house the Federal agencies presently located in the Thomas J. McIntyre
    Federal Building.

        (b) For the site acquisition, design, construction, and relocation,
    $11,149,000 shall be available from funds previously provided under the
    heading ``General Services Administration, Real Property Activities,
    Federal Buildings Fund'' in Public Law 108-7 for repairs and alterations
    to the Thomas J. McIntyre Federal Building in Portsmouth, New Hampshire,
    which was included in the plan for expenditure of repairs and
    alterations funds as required by accompanying House Report No. 108-10.
        (c) For any additional costs of construction, management and
    inspection of the new facility to house the Federal agencies relocated
    from the McIntyre Federal Office Building, and for the costs of
    relocating the Federal agencies occupying the McIntyre Federal Office
    Building, $13,669,000 shall be deposited into the Federal Buildings Fund
    (40 U.S.C. 592) from the general fund; which amount, together with the
    amount set forth in subsection (b) of this section shall remain
    available until expended and shall be subject to such escalation and
    reprogramming authorities available to the Administrator for any other
    new construction projects under the heading ``Federal Building Fund
    Limitations on Availability of Revenue''.
        (d) The Administrator is authorized and directed to convey, without
    consideration, the Thomas J. McIntyre Federal Office Building to the
    City of Portsmouth, New Hampshire for economic development purposes
    subject to the following conditions: (i) that all Federal agencies
    currently occupying the McIntyre Building except the United States
    Postal Service are completely relocated to the new Federal Building for
    so long as those agencies have continuing mission needs for that new
    location; (ii) that the requirements of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11411 et seq.) shall not apply to this
    conveyance; and (iii) that the Administrator may include in the
    conveyance documents such terms and conditions as the Administrator
    determines in the best interest of the United States.

    [[Page 118 STAT. 335]]

        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) <<NOTE: Applicability. Expiration date.>> 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) <<NOTE: Reports.>> 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

    [[Page 118 STAT. 336]]

                    (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

        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

        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.

        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

        For necessary expenses in connection with the administration of the
    National Archives and Records Administration (including the Information
    Security Oversight Office) and archived Federal

    [[Page 118 STAT. 337]]

    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.

        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.

        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

        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

        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.

    [[Page 118 STAT. 338]]

                         Office of Personnel Management

        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.

        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

    [[Page 118 STAT. 339]]

    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.

        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.

        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.

        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, <<NOTE: 33 USC 776. Human Capital Performance
    Fund (including transfer of funds)>> 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.

        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

        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

    [[Page 118 STAT. 340]]

    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

        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, <<NOTE: 39 USC 403 note.>> 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

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $40,187,000: Provided,
    That <<NOTE: 26 USC 7443 note.>> 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

        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).

    [[Page 118 STAT. 341]]

        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. <<NOTE: Contracts. Public information.>> 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

    [[Page 118 STAT. 342]]

    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. <<NOTE: Oklahoma.>> 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:

    [[Page 118 STAT. 343]]

                    Provided, <<NOTE: Notification.>> 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

    [[Page 118 STAT. 344]]

    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.

    [[Page 118 STAT. 345]]

        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. <<NOTE: Abortion.>> 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

    [[Page 118 STAT. 346]]

                (2) in subparagraph (B), by striking ``ancillary
            equipment,'' and inserting ``ancillary equipment (including
            imaging peripherals, input, output, and storage devices
            necessary for security and surveillance), peripheral equipment
            designed to be controlled by the central processing unit of a
            computer,''.

        Sec. 536. It is the sense of the House of Representatives that
    empowerment zones within cities should have the necessary flexibility to
    expand to include relevant communities so that empowerment zone benefits
    are equitably distributed.
        Sec. 537. It is the sense of the House of Representatives that all
    census tracts contained in an empowerment zone, either fully or
    partially, should be equitably accorded the same benefits.
        Sec. 538. None of the funds made available in this Act may be used
    to finalize, implement, administer, or enforce--
                (1) the proposed rule relating to the determination that
            real estate brokerage is an activity that is financial in nature
            or incidental to a financial activity published in the Federal
            Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
                (2) the revision proposed in such rule to section 1501.2 of
            title 12, Code of Federal Regulations.

        Sec. 539. It is the sense of Congress that, after proper
    documentation, justification, and review, the Department of
    Transportation should consider programs to reimburse general aviation
    ground support services at Ronald Reagan Washington National Airport,
    and airports located within fifteen miles of Ronald Reagan Washington
    National Airport, for their financial losses due to Government actions
    after the terrorist attacks of September 11, 2001.
        Sec. 540. It is the sense of the House of Representatives that
    public private partnerships (PPPs) could help eliminate some of the cost
    drivers behind complex, capital-intensive highway and transit projects.
    The House of Representatives encourages the Secretary of Transportation
    to apply available funds to select projects that are in the development
    phase, eligible under title 23 and title 49, United States Code, except
    23 U.S.C. 133(b)(8), and that employ a PPP strategy.
        Sec. 541. Section 414(h) of title 39, United States Code, is amended
    by striking ``2003'' and inserting ``2005''.
        Sec. 542. <<NOTE: Fees.>> 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.

    [[Page 118 STAT. 347]]

        Sec. <<NOTE: Oklahoma City National Memorial Act Amendments of
    2003. 16 USC 450ss note.>> 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 <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 348]]

                    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 <<NOTE: Deadline. Notification.>> 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 <<NOTE: 16 USC 450ss-4
            note.>> 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) <<NOTE: 16 USC 450ss-3 note.>> Authorization of Secretary to
    Reimburse Previous Costs Paid by Foundation or Trust.--To the extent
    that funds

    [[Page 118 STAT. 349]]

    are made available for the Trust, the Secretary of the Interior shall
    reimburse the Oklahoma City National Memorial Foundation for funds
    obligated or expended by the Oklahoma City National Memorial Foundation
    or the Oklahoma City National Memorial Trust to the Secretary of the
    Interior for interpretive services, security, and other costs and
    services related to the Oklahoma City National Memorial before the date
    of the enactment of this Act. The Oklahoma City National Memorial
    Foundation may use such reimbursed funds for the operation, maintenance,
    and permanent endowment of the Oklahoma City National Memorial.
        (h) Repeal of Disposition of Site of Alfred P. Murrah Federal
    Building.--Section 8 of the Oklahoma City National Memorial Act of 1997
    (16 U.S.C. 450ss-6) is repealed.
        (i) Repeal of Study Requirement.--Section 9 of the Oklahoma City
    National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed.
        Sec. 545. Notwithstanding any other provision of law, the
    unobligated balance of funds made available to the District of Columbia
    under item 70 in the table contained in section 1106(b)(2) of the
    Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
    102-240; 105 Stat. 2047) and the unobligated balance of funds made
    available to the District of Columbia under item 554 of the table
    contained in section 1602 of the Transportation Equity Act for the 21st
    Century (Public Law 105-178, as amended; 112 Stat. 277) shall be made
    available to carry out a project for the replacement of the existing
    bridge on Kenilworth Avenue over Nannie Helen Burroughs Avenue and for a
    ferry and ferry facility project on the Anacostia River.
        Sec. 546. Section 345(6), <<NOTE: 117 Stat. 418.>> 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

    [[Page 118 STAT. 350]]

    defined in the Controlled Substances Act) by the officers and employees
    of such department, agency, or instrumentality.
        Sec. 603. <<NOTE: 31 USC 1343 note.>> 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. <<NOTE: 5 USC 3101 note.>> 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

    [[Page 118 STAT. 351]]

    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

    [[Page 118 STAT. 352]]

    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) <<NOTE: 5 USC 5343 note.>> 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) <<NOTE: Regulations.>> 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

    [[Page 118 STAT. 353]]

    extent determined by the Office of Personnel Management to be consistent
    with the purpose of this section.
        (e) <<NOTE: Applicability.>> 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;

    [[Page 118 STAT. 354]]

                (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;

    [[Page 118 STAT. 355]]

                (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. <<NOTE: Lobbying.>> 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

    [[Page 118 STAT. 356]]

    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

    [[Page 118 STAT. 357]]

    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. <<NOTE: Breastfeeding.>> 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, <<NOTE: Reports. Deadline.>> 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

    [[Page 118 STAT. 358]]

            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) <<NOTE: Abortion.>> 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. <<NOTE: Deadline. Reports.>> Not later than 6 months after
    the date of enactment of this Act, the Inspector General of each
    applicable department or agency shall submit to the Committee on
    Appropriations a report detailing what policies and procedures are in
    place for each department or agency to give first priority to the
    location of new offices and other facilities in rural areas, as directed
    by the Rural Development Act of 1972.

        Sec. 637. None of the funds made available under this or any other
    Act for fiscal year 2004 shall be expended for the purchase of a product
    or service offered by Federal Prison Industries, Inc., unless the agency
    making such purchase determines that such offered product or service
    provides the best value to the buying agency pursuant to Government-wide
    procurement regulations, issued pursuant to section 25(c)(1) of the
    Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose
    procedures, standards, and limitations of section 2410n of title 10,
    United States Code.
        Sec. 638. <<NOTE: Credit. 5 USC 5701 note.>> 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

    [[Page 118 STAT. 359]]

    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) <<NOTE: Effective date. 5 USC 5303 note.>> The
    adjustment in rates of basic pay for employees under the statutory pay
    systems that takes effect in fiscal year 2004 under sections 5303 and
    5304 of title 5, United States Code, shall be an increase of 4.1
    percent, and this adjustment shall apply to civilian employees in the
    Department of Defense and the Department of Homeland Security and such
    adjustments shall be effective as of the first day of the first
    applicable pay period beginning on or after January 1, 2004.

        (b) Notwithstanding section 613 of this Act, the adjustment in rates
    of basic pay for the statutory pay systems that take place in fiscal
    year 2004 under sections 5344 and 5348 of title 5, United States Code,
    shall be no less than the percentage in paragraph (a) as employees in
    the same location whose rates of basic pay are adjusted pursuant to the
    statutory pay systems under section 5303 and 5304 of title 5, United
    States Code. Prevailing rate employees at locations where there are no
    employees whose pay is increased pursuant to sections 5303 and 5304 of
    title 5 and prevailing rate employees described in section 5343(a)(5) of
    title 5 shall be considered to be located in the pay locality designated
    as ``Rest of US'' pursuant to section 5304 of title 5 for purposes of
    this paragraph.
        (c) Funds used to carry out this section shall be paid from
    appropriations, which are made to each applicable department or agency
    for salaries and expenses for fiscal year 2004.
        Sec. 641. Section 304(a) of the Federal Election Campaign Act of
    1971 (2 U.S.C. 434(a)) is amended as follows--
                (1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking
            ``(or posted by registered or certified mail no later than the
            15th day before)'' and inserting ``(or posted by any of the
            following: registered mail, certified mail, priority mail having
            a delivery confirmation, or express mail having a delivery
            confirmation, or delivered to an overnight delivery service with
            an on-line tracking system, if posted or delivered no later than
            the 15th day before)''; and
                (2) by striking paragraph (a)(5) and inserting the
            following:
                ``(5) If a designation, report, or statement filed pursuant
            to this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii)
            or subsection (g)(1)) is sent by registered mail, certified
            mail, priority mail having a delivery confirmation, or express
            mail having a delivery confirmation, the United States postmark

    [[Page 118 STAT. 360]]

            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) <<NOTE: Deadline. Reports.>> 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) <<NOTE: Public information.>> 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

    [[Page 118 STAT. 361]]

    Act may be used to implement, administer, or enforce such final
    regulations.
        Sec. 647. (a) Limitation on Conversion to Contractor Performance.--
    None of the funds appropriated by this Act shall be available to convert
    to contractor performance an activity or function of an executive
    agency, that on or after the date of enactment of this Act, is performed
    by more than 10 Federal employees unless--
                (1) the conversion is based on the result of a public-
            private competition plan that includes a most efficient and cost
            effective organization plan developed by such activity or
            function; and
                (2) the Competitive Sourcing Official considers, as part of
            the cost or price evaluation, whether over all performance
            periods stated in the solicitation of offers for performance of
            the activity or function, the cost of performance of the
            activity or function by a contractor would be less costly to the
            executive agency by an amount that equals or exceeds the lesser
            of--
                        (A) 10 percent of the most efficient organization's
                    personnel-related costs for performance of that activity
                    or function by Federal employees; or
                        (B) $10,000,000.

        (b) <<NOTE: Deadline. Reports. 31 USC 501 note.>> 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.

    [[Page 118 STAT. 362]]

        (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) <<NOTE: 31 USC 501 note.>> 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) <<NOTE: 31 USC 501 note.>> 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. <<NOTE: Notification. Dedline.>> 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. <<NOTE: Deadline.>> 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''.

    [[Page 118 STAT. 363]]

      DIVISION G--DEPARTMENTS <<NOTE: Departments of Veterans Affairs and
     Housing and Urban Development, and Independent Agencies Appropriations
    Act, 2004.>> 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

        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.

        For the payment of readjustment and rehabilitation benefits to or on
    behalf of veterans as authorized by law (38 U.S.C. chapters

    [[Page 118 STAT. 364]]

    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.

        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.

        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''.

        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''.

        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

    [[Page 118 STAT. 365]]

    to and merged with the appropriation for ``General operating expenses''.

        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

        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.

    [[Page 118 STAT. 366]]

        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.

        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.

        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

        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

    [[Page 118 STAT. 367]]

    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.

        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.

        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.

        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

    [[Page 118 STAT. 368]]

    contract by September 30, 2005: Provided
    further, <<NOTE: Reports. construction, minor projects>> 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.

        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.

        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.

        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.

        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.

    [[Page 118 STAT. 369]]

        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. <<NOTE: Termination date. 31 USC 501
    note.>> 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

    [[Page 118 STAT. 370]]

    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. <<NOTE: Contracts. Reports. Deadline.>> 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) <<NOTE: Contracts.>> 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

    [[Page 118 STAT. 371]]

    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. <<NOTE: Deadline.>> 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

        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

    [[Page 118 STAT. 372]]

    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, <<NOTE: Contracts.>> 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, <<NOTE: Deadline.>> That if a public
            housing agency, at any point in time during their fiscal year,
            has obligated the amounts made available to such agency pursuant
            to paragraph (1) under this heading for the renewal of expiring
            section 8 tenant-based annual contributions contracts, and if
            such agency has expended 50 percent of the amounts available to
            such agency in its annual contributions contract reserve
            account, the Secretary may only make available amounts as are
            necessary from amounts available from such central fund

    [[Page 118 STAT. 373]]

            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, <<NOTE: Reports.>> 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

    [[Page 118 STAT. 374]]

            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, <<NOTE: Notification. Deadline.>> 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, <<NOTE: Records.>> 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, <<NOTE: Deadline. public housing capital
            fund (including transfer of funds)>> 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.

        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

    [[Page 118 STAT. 375]]

    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, <<NOTE: 117 Stat. 486. public housing
             operating fund>> is amended by striking ``1998, 1999''.

        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, <<NOTE: 42 USC 1437g
    note. revitalization of severely distressed public housing (hope
    VI)>> 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.

        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

    [[Page 118 STAT. 376]]

    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.

        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.

        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.

    [[Page 118 STAT. 377]]

        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

        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.

        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.

        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.

    [[Page 118 STAT. 378]]

        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

    [[Page 118 STAT. 379]]

    amount made available for YouthBuild not less than $10,000,000 is for
    grants to establish YouthBuild programs in underserved and rural areas
    and $2,000,000 is to be made available for a grant to YouthBuild USA for
    capacity building for community development and affordable housing
    activities as specified in section 4 of the HUD Demonstration Act of
    1993, as amended.
        Of the amount made available under this heading, $44,000,000 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can be
    integrated more effectively with welfare reform initiatives: Provided,
    That amounts made available under this paragraph shall be provided in
    accordance with the terms and conditions specified in the joint
    explanatory statement of the managers accompanying this Act.
        Of the amount made available under this heading, $278,000,000 shall
    be available for grants for the Economic Development Initiative (EDI) to
    finance a variety of targeted economic investments in accordance with
    the terms and conditions specified in the joint explanatory statement of
    the managers accompanying this Act: Provided, That none of the funds
    provided under this paragraph may be used for program operations.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the North Carolina Community Land Trust Initiative by
    striking ``North Carolina Community Land Trust Initiative'' and
    inserting ``Orange Community Housing and Land Trust''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the Willacy County Boys and Girls Club in Willacy
    County, Texas by striking ``Willacy County Boys and Girls Club in
    Willacy County, Texas'' and inserting ``Willacy County, Texas''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 17 by striking ``for sidewalks, curbs, street
    lighting, outdoor furniture and facade improvements in the Mill Village
    neighborhood'' and inserting ``for the restoration and renovation of
    houses within the Lincoln or Dallas mill villages''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the Metropolitan Development Association in Syracuse,
    New York by inserting ``and other economic development planning and
    revitalization activities'' after the word ``study''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to the Staten Island Freedom Memorial Fund by striking
    ``Staten Island Freedom Memorial Fund for the construction of a memorial
    in the Staten Island community of St. George, New York'' and inserting
    ``Staten Island Botanical Garden for construction and related activities
    for a healing garden''.

    [[Page 118 STAT. 380]]

        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 526 by striking ``for an economic development
    study for the revitalization of Westchester'' and inserting ``for the
    reconstruction of renaissance plaza at Main and Mamaroneck in downtown
    White Plains''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 877 by striking ``West Virginia High Technology
    Consortium Foundation, Inc. in Marion County, West Virginia for
    facilities construction for a high-tech park'' and inserting ``Glenville
    State College in Glenville, West Virginia for construction of a new
    campus community education center''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 126 by striking ``for construction of'' and
    inserting ``for facilities improvements and build out for''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 721 by striking ``training'' and inserting
    ``creation, small business development and quality of life improvements
    within the State of South Carolina''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 317 by striking ``135,000'' and inserting
    ``151,000''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 324 by striking ``225,000'' and inserting
    ``209,000''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 74 by striking ``renovation'' and inserting
    ``design and construction''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 718 by striking ``construction'' and inserting
    ``renovation''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 785 by striking ``to the Town of Altavista,
    Virginia to assist with renovations of the shell building industrial
    site'' and inserting ``to the County of Campbell, Virginia for
    development of the Winston Tract Commercial Center industrial site''.

    [[Page 118 STAT. 381]]

        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 253 by striking ``to the Salvation Army/Boys and
    Girls Club-Northfolk community center'' and inserting ``to the Salvation
    Army Boys and Girls Club in Louisville, Kentucky for the renovation of
    the Newburg community center''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 288 by striking ``for building renovations'' and
    inserting ``for signage, street furniture, sidewalks and streetscape
    improvements''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 217 by striking ``$135,000 to the Village of
    Olympia Fields, Illinois for construction of a hall, public library and
    upgraded commuter station'' and inserting ``$135,000 to the Village of
    Olympia Fields, Illinois, for sidewalks, street lighting, neighborhood
    redevelopment improvements, and building renovations''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 809 by striking ``$90,000 to the Department of
    Vermont Veterans of Foreign Wars for the construction of the Green Block
    Veterans Memorial in Brandon, Vermont and the Windsor, Vermont War
    Memorial'' and inserting ``$90,000 to the Department of Buildings and
    General Services of the State of Vermont for the construction of the
    Brandon, Vermont Veterans Memorial and the Windsor, Vermont War
    Memorial''.
        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 244 by striking ``$900,000 to Purdue University
    in West Lafayette, Indiana for facilities construction for the Northwest
    Indiana Purdue Technology Center'' and inserting ``$900,000 to Purdue
    Research Foundation in West Lafayette, Indiana for facilities buildout
    for the Northwest Indiana Purdue Technology Center''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to the amount
    made available to Connecticut Hospice, Inc., of Branford, Connecticut by
    striking ``for construction of a new facility'' and inserting ``for
    facilities renovation and equipment upgrades''.
        The referenced statement of the managers under this heading in
    Public Law 107-73 is deemed to be amended with respect to a grant made
    available to the United Way community services facility in Anchorage,
    Alaska by striking ``the United Way community services facility in
    Anchorage, Alaska, to complete construction of asocial service facility
    to serve low-income people;'' and inserting ``the Cook Inlet Tribal
    Council, Inc., in Anchorage, Alaska as a Federal contribution for
    construction of asocial service facility to serve low income people;''.

    [[Page 118 STAT. 382]]

        The referenced statement of the managers under this heading in title
    II of division K of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; House Report No. 108-10) is deemed to be amended with
    respect to item number 137 by striking ``Wilmington Housing Authority''
                      and inserting ``City of Wilmington''.

        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.

        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''.

        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.

        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

    [[Page 118 STAT. 383]]

    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.

        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

        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

    [[Page 118 STAT. 384]]

    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.

        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

    [[Page 118 STAT. 385]]

    for renewal of expiring project-based or tenant-based rental assistance
    contracts, the Secretary may designate up to 25 percent for tenant-based
    rental assistance, as authorized by section 811 of such Act, (which
    assistance is 5 years in duration): Provided further, That the Secretary
    may waive the provisions of section 811 governing the terms and
    conditions of project rental assistance and tenant-based assistance,
    except that the initial contract term for such assistance shall not
    exceed 5 years in duration: Provided further, That all balances
    outstanding, as of September 30, 2003, for capital advances, including
    amendments to capital advances, for supportive housing for persons with
    disabilities, as authorized by section 811, for project rental
    assistance for supportive housing for persons with disabilities, as
    authorized under section 811(d)(2), including amendments to contracts
    for such assistance and renewal of expiring contracts for such
    assistance, and for supportive services associated with the housing for
    persons with disabilities as authorized by section 811(b)(1), shall be
    transferred to and merged with the amounts for these purposes under this
                                    heading.

        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.

        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.

        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

    [[Page 118 STAT. 386]]

    fees pursuant to such section 620 shall be modified as necessary to
    ensure such a final fiscal year 2004 appropriation.

                         Federal Housing Administration

        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.

        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.

    [[Page 118 STAT. 387]]

        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

        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

        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

        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

    [[Page 118 STAT. 388]]

    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, <<NOTE: Lobbying.>> 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

        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

        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

    [[Page 118 STAT. 389]]

    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, <<NOTE: Notification.>> 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, <<NOTE: Records. 42 USC
    3549 note.>> 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, <<NOTE: Procedures.>> That the Chief Financial Officer shall:
    (1) appoint qualified personnel to conduct investigations of potential
    or actual violations; (2) establish minimum training requirements and
    other qualifications for personnel that may be appointed to conduct
    investigations; (3) establish guidelines and timeframes for the conduct
    and completion of investigations; (4) prescribe the content, format and
    other requirements for the submission of final reports on violations;
    and (5) prescribe such additional policies and procedures as may be
    required for conducting investigations of, and administering,
    processing, and reporting on, potential and actual violations of the
    Anti-Deficiency Act and all other statutes and regulations governing the
    obligation and expenditure of funds made available in this or any other
    Act: Provided further, That the Secretary shall fill 7 out of 10
    vacancies at the GS-14 and GS-15 levels until the total number of GS-14
    and GS-15 positions in the Department has been reduced from the number
    of GS-14 and GS-15 positions on the date of enactment of Public Law 106-
    377 by 2\1/2\ percent.

        The tenth proviso under this heading in the Departments of Veterans
    Affairs and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 2003, <<NOTE: 42 USC 3549 note. working capital
    fund>> 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''.

        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

    [[Page 118 STAT. 390]]

    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.

        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.

        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

        For carrying out the Federal Housing Enterprises Financial Safety
    and Soundness Act of 1992, including not to exceed $500 for official
    reception and representation expenses, $39,915,000, to remain available
    until expended, to be derived from the Federal Housing Enterprises
    Oversight Fund: Provided, That of the amount made available under this
    heading, $4,500,000 is for 1-time costs to conduct special
    investigations of the Federal housing enterprises and $3,000,000 is for
    costs associated with strengthening the examination and legal functions:
    Provided further, <<NOTE: Deadline.>> 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.

    [[Page 118 STAT. 391]]

                            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) <<NOTE: Grants. Inter-
    governmental relations. AIDS.>> 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) <<NOTE: Michigan.>> 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

    [[Page 118 STAT. 392]]

    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. <<NOTE: Deadline.>> For fiscal year 2004, HUD
    shall transmit this information to the Committees by January 15, 2004,
    for 30 days of review.

        Sec. 210. <<NOTE: State listing.>> 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

    [[Page 118 STAT. 393]]

    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. <<NOTE: Establishment.>> 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. <<NOTE: Reports.>> 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. <<NOTE: Effective date.>> 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. <<NOTE: Reports. Deadline. 42 USC 1437 note.>> 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) <<NOTE: AIDS. Delaware. New Jersey.>> 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) <<NOTE: North Carolina.>> 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

    [[Page 118 STAT. 394]]

    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. <<NOTE: 112 USC 1715o.>> Section 224 of the National
    Housing Act (12 U.S.C. 1735o) is amended by adding the following new
    sentence at the end of the first paragraph: ``Notwithstanding the
    preceding sentence and the following paragraph, if an insurance claim is
    paid in cash for any mortgage that is insured under section 203 or 234
    of this Act and is endorsed for mortgage insurance after the date of
    enactment of this sentence, the debenture interest rate for purposes of
    calculating such a claim shall be the monthly average yield, for the
    month in which the default on the mortgage occurred, on United States
    Treasury Securities adjusted to a constant maturity of 10 years.''.

        Sec. 216. The McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11301 et seq.) is amended--
                (1) <<NOTE: 101 Stat. 482.>> in section 101(b), by striking
            ``Interagency Council on the Homeless'' and inserting ``United
            States Interagency Council on Homelessness'';
                (2) <<NOTE: 42 USC 11301.>> 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) <<NOTE: 42 USC 11311, 11317, 11411.>> 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).

    [[Page 118 STAT. 395]]

                        ``(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;

    [[Page 118 STAT. 396]]

                                        ``(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);

    [[Page 118 STAT. 397]]

                (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. <<NOTE: Hawaii. Deadline.>> 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. <<NOTE: Regulations. Deadline.>> 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

    [[Page 118 STAT. 398]]

            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. <<NOTE: 115 Stat. 678.>> Section 217 of Public Law 107-73
    is amended by striking ``the rehabilitation'' and inserting
    ``redevelopment, including demolition and new construction''.

        Sec. 221. Notwithstanding any other provision of law, funds
    appropriated for the housing for the elderly, as authorized by section
    202 of the Housing Act of 1959, as amended, and for supportive housing
    for persons with disabilities, as authorized by section 811 of the
    Cranston-Gonzalez National Affordable Housing Act, shall be available
    for the cost of maintaining and disposing of such properties that are
    acquired or otherwise become the responsibility of the Department.
        Sec. 222. <<NOTE: Regulations. 42 USC 1437g note.>> 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. <<NOTE: Deadline.>> A final rule shall be issued no later than
    July 1, 2004.

        Sec. 223. <<NOTE: Budget.>> 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

        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

        For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, as amended, including hire

    [[Page 118 STAT. 399]]

    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 <<NOTE: Government
    organization. 5 USC app. 8G note. emergency fund>> 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.

        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

        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

        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

    [[Page 118 STAT. 400]]

    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

        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,

    [[Page 118 STAT. 401]]

    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, <<NOTE: America's Promise--
    The Alliance for Youth, Inc. SALARIES AND EXPENSES>> 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.

        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.

        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.

        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.

    [[Page 118 STAT. 402]]

        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

        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

        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.

    [[Page 118 STAT. 403]]

                     Department of Health and Human Services

                          National Institutes of Health

        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

        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

        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

    [[Page 118 STAT. 404]]

    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.

        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.

        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.

        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.

        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''

    [[Page 118 STAT. 405]]

    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.

        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.

        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.

        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 <<NOTE: Grants. Alaska.>> shall be for
    grants to the State of Alaska to address drinking water and waste
    infrastructure needs of rural and Alaska Native Villages:
    Provided, <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 406]]

    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, <<NOTE: 42 USC 300j-
    12 note.>> 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, <<NOTE: 33 USC 1377 note.>> 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

    [[Page 118 STAT. 407]]

    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, <<NOTE: Certification. administrative
    provisions>> 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.

        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

    [[Page 118 STAT. 408]]

    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

        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.

        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 <<NOTE: 42 USC 4342
    note.>> 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

        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.

    [[Page 118 STAT. 409]]

                         General Services Administration

        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

        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

        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,

    [[Page 118 STAT. 410]]

    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.

        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.

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, as amended, $27,300,000.

        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.

    [[Page 118 STAT. 411]]

        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

        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.

        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

        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

    [[Page 118 STAT. 412]]

    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.

        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.

        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.

        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.

        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.

    [[Page 118 STAT. 413]]

        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

        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.

        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

        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--

    [[Page 118 STAT. 414]]

                        (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. <<NOTE: Contracts. Public information. Records.>> 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.

    [[Page 118 STAT. 415]]

        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. <<NOTE: Lobbying.>> 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. <<NOTE: Certification.>> 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, <<NOTE: 42 USC 2459f.>> 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

    [[Page 118 STAT. 416]]

                (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

    [[Page 118 STAT. 417]]

            Provision of the Routine Maintenance, Repair and Replacement
            Exclusion', amending parts 51 and 52 of title 40, Code of
            Federal Regulations, and published in electronic docket OAR-
            2002-0068 on August 27, 2003''; and
                (2) in the sixth undesignated paragraph (beginning ``The
            National Academy of Sciences''), by striking ``March 3, 2004''
            and inserting ``January 1, 2005''.

        Sec. 425. Designations of Areas for PM<INF>2.5</INF> and Submission
    of Implementation Plans for Regional Haze. (a) In General.--Section
    107(d) of the Clean Air Act (42 U.S.C. 7407(d)) is amended by adding at
    the end the following:
                ``(6) <<NOTE: Deadlines. Inter-
            governmental relations.>> Designations.--
                        ``(A) Submission.--Notwithstanding any other
                    provision of law, not later than February 15, 2004, the
                    Governor of each State shall submit designations
                    referred to in paragraph (1) for the July 1997
                    PM<INF>2.5</INF> national ambient air quality standards
                    for each area within the State, based on air quality
                    monitoring data collected in accordance with any
                    applicable Federal reference methods for the relevant
                    areas.
                        ``(B) Promulgation.--Notwithstanding any other
                    provision of law, not later than December 31, 2004, the
                    Administrator shall, consistent with paragraph (1),
                    promulgate the designations referred to in subparagraph
                    (A) for each area of each State for the July 1997
                    PM<INF>2.5</INF> national ambient air quality standards.
                ``(7) Implementation plan for regional haze.--
                        ``(A) In general.--Notwithstanding any other
                    provision of law, not later than 3 years after the date
                    on which the Administrator promulgates the designations
                    referred to in paragraph (6)(B) for a State, the State
                    shall submit, for the entire State, the State
                    implementation plan revisions to meet the requirements
                    promulgated by the Administrator under section
                    169B(e)(1) (referred to in this paragraph as `regional
                    haze requirements').
                        ``(B) No preclusion of other provisions.--Nothing in
                    this paragraph precludes the implementation of the
                    agreements and recommendations stemming from the Grand
                    Canyon Visibility Transport Commission Report dated June
                    1996, including the submission of State implementation
                    plan revisions by the States of Arizona, California,
                    Colorado, Idaho, Nevada, New Mexico, Oregon, Utah, or
                    Wyoming by December 31, 2003, for implementation of
                    regional haze requirements applicable to those
                    States.''.

        (b) <<NOTE: 42 USC 7407 note.>> 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--

    [[Page 118 STAT. 418]]

                (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. <<NOTE: Space Shuttle Columbia.>> 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. <<NOTE: California.>> 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) <<NOTE: Deadlines. 42 USC 7547 note.>> 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. <<NOTE: Federal Register, publication.>> 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

    [[Page 118 STAT. 419]]

    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. <<NOTE: Pesticide Registration Improvement Act of
    2003.>> Pesticide registration.

        (a) Short Title.--This <<NOTE: 7 USC 136 note.>> 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;

    [[Page 118 STAT. 420]]

                              ``(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 <<NOTE: 7 USC 136a-1.>> 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:

    [[Page 118 STAT. 421]]

                                        ``(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

    [[Page 118 STAT. 422]]

                        (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 <<NOTE: Effective
            date. Termination date. 21 USC 346a note.>> 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. <<NOTE: 7 USC 136w-8.>> 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--

    [[Page 118 STAT. 423]]

                        ``(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 <<NOTE: Effective
            date.>> 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.--

    [[Page 118 STAT. 424]]

                        ``(A) In general.--Not
                    later <<NOTE: Deadline. Federal Register,
                    publication.>> 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) <<NOTE: Federal Register,
                    publication.>> 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.

    [[Page 118 STAT. 425]]

                              ``(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) <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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.

    [[Page 118 STAT. 426]]

                              ``(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) <<NOTE: Deadline.>> 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

    [[Page 118 STAT. 427]]

                                        ``(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.--

    [[Page 118 STAT. 428]]

                ``(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.--

    [[Page 118 STAT. 429]]

                ``(1) In general.--Not <<NOTE: Deadline. Federal Register,
            publication.>> 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) <<NOTE: Applicability.>> 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--

    [[Page 118 STAT. 430]]

                                        ``(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 <<NOTE: Effective
                    date.>> 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.

    [[Page 118 STAT. 431]]

                        ``(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

    [[Page 118 STAT. 432]]

                        ``(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 <<NOTE: Deadlines.>> 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.--

    [[Page 118 STAT. 433]]

                ``(1) In general.--Except <<NOTE: Termination date.>> 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 <<NOTE: Termination date.>> 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.

    [[Page 118 STAT. 434]]

                ``(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 <<NOTE: 7 USC 136a note.>> 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 <<NOTE: Miscellaneous Appropriations and
    Offsets Act, 2004. (including rescissions of funds) (including transfers
                     of funds)>> APPROPRIATIONS AND OFFSETS

    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.

    [[Page 118 STAT. 435]]

        (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. <<NOTE: Establishment.>> 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.

    [[Page 118 STAT. 436]]

                        (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 <<NOTE: Deadline.>> later than December 1, 2004,
    the Commission shall submit a report to the appropriate committee of
    Congress

    [[Page 118 STAT. 437]]

    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:

    [[Page 118 STAT. 438]]

                        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. <<NOTE: Effective date.>> 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) <<NOTE: Effective date.>> 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 <<NOTE: 10 USC 2302 note.>> Fiscal Year 2004 is amended--
                (1) by redesignating subsection (c) as subsection (d); and
                (2) by inserting after subsection (b) the following new
            subsection (c):

        ``(c) Credit Toward Certain Small Business Contracting Goals.--
    Department of Defense contracts entered into with eligible contractors
    under the demonstration project under this section, and subcontracts
    entered into with eligible contractors under such contracts, shall be
    credited toward the attainment of goals established under section 2323
    of title 10, United States Code, and section 15(g)(1) of the Small
    Business Act (15 U.S.C. 644(g)(1)) regarding the extent of the
    participation of disadvantaged small business concerns in contracts of
    the Department of Defense and subcontracts under such contracts.''.
        Sec. 111. Section 8022 of the Department of Defense Appropriations
    Act, 2004, Public Law 108-87, shall not apply to a cost study of a
    multi-function activity for which the Department of Defense had
    solicited proposals as of the date of the enactment of that Act.
        Sec. 112. Of the amounts made available to the Department of Defense
    under the heading ``Defense Health Program'' for ``Procurement'',
    $3,100,000 shall be made available to acquire Linear Accelerator
    Radiation Therapy equipment and associated operating software for Walter
    Reed Army Medical Center: Provided, That of the amounts available to the
    Department of Defense under the heading ``Defense Health Program'' for
    ``Operation and Maintenance, In-House Care'', $2,900,000 shall be made
    available for the Defense

    [[Page 118 STAT. 439]]

    and Veterans Head Injury Program: Provided further, That these funds are
    in addition to funds provided in previous Acts.
        Sec. 113. (a) <<NOTE: Reports. Deadlines.>> 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. <<NOTE: Federal buildings and facilities.>> The Department
    of Veterans Affairs medical center in St. Petersburg, Florida, shall,
    after the end of the service of C. W. Bill Young as a Member of
    Congress, be known and designated as the ``C. W. Bill Young Department
    of Veterans Affairs Medical Center''. Any reference in any law,
    regulation, map, document, record, or other paper of the United States
    to such medical center shall be considered to be a reference to the ``C.
    W. Bill Young Department of Veterans Affairs Medical Center''.

        Sec. 117. <<NOTE: Alaska.>> 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

    [[Page 118 STAT. 440]]

    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, <<NOTE: 117 Stat. 1836.>> 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. <<NOTE: 50 USC 2601 note.>> 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

    [[Page 118 STAT. 441]]

    requirement relating to closure or post-closure care and monitoring of
    Sandia National Laboratories in New Mexico and properties held or
    managed by Sandia National Laboratories in New Mexico.
        Sec. 128. Treatment of Certain Waste Materials. (a) In General.--
    Notwithstanding any other provision of law, the Federal commission with
    the authority to regulate the material designated as ``11e.(2) by-
    product material'' by section 312 of the Energy and Water Development
    Appropriations Act, 2004, or by section 634 of the Energy Policy Act of
    2003, shall not allow or otherwise permit any facility to receive or
    dispose of such material if the facility is located in a State that has
    an application pending under section 274 of the Atomic Energy Act of
    1954 (42 U.S.C. 2021) to regulate the 11e.(2) material covered under
    this section.
        (b) Sunset.--Subsection (a) ceases to be effective January 1, 2005.
        Sec. 129. In the conference report accompanying H.R. 6, the Energy
    Policy Act, in section 1512, subsection (b) strike ``University of
    Mississippi and the University of Oklahoma'' and insert ``Mississippi
    State University and Oklahoma State University''.
        Sec. 130. Department of Energy, Energy Programs, Science. For an
    additional amount for ``Science'', $50,000,000, to remain available
    until expended, is provided for the Coralville, Iowa, project, which is
    to utilize alternative renewable energy sources.
        Sec. 131. For an additional amount for the ``Science'' account of
    the Department of Energy in the Energy and Water Development
    Appropriations Act, 2004, there is appropriated $250,000, to remain
    available until expended, for Biological Sciences at DePaul University;
    $500,000, to remain available until expended; for the Cedars-Sinai Gene
    Therapy Research Program; and $500,000, to remain available until
    expended, for the Hartford Hospital Interventional Electrophysiology
    Project.
        Sec. 132. For an additional amount for the ``Energy Supply'' account
    of the Department of Energy in the Energy and Water Development
    Appropriations Act, 2004, there is appropriated $750,000, to remain
    available until expended, for the Energy Center of Wisconsin Renewable
    Fuels Project; $500,000, to remain available until expended, for the
    Wind Energy Transmission Study; $250,000, to remain available until
    expended, for the White Pine County, Nevada, Public School System
    biomass conversion heating project; $250,000, to remain available until
    expended, for the Lead Animal Shelter Animal Campus renewable energy
    demonstration project; $3,000,000, to remain available until expended,
    for the establishment of a Hawaii Hydrogen Center for Development and
    Deployment of Distributed Energy Systems; and $250,000, to remain
    available until expended, for the Eastern Nevada Landscape Coalition for
    biomass restoration and science-based restoration.
        Sec. 133. For an additional amount for the ``Construction, General''
    account of the Energy and Water Development Appropriations Act, 2004,
    there is appropriated $13,750,000, to remain available until expended.
        Sec. 134. For an additional amount for ``Millennium Challenge
    Corporation'', $350,000,000, to remain available until expended.
        Sec. 135. Section 203(m) of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended by striking
    ``December 31, 2003'' and inserting ``December 31, 2004''.

    [[Page 118 STAT. 442]]

        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) <<NOTE: Effective date. 46 USC 4016 note. 46 USC 10601
    note.>> 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) <<NOTE: Applicability. 42 USC 10601 note.>> 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'' <<NOTE: 16 USC 410jjj.>> 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) <<NOTE: 16 USC 1132 note.>> 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 <<NOTE: 117 Stat. 1268.>> Appropriations Act, 2004 (Public Law
    108-108),

    [[Page 118 STAT. 443]]

    is amended by striking ``any other governmental land management entity''
    and inserting ``any other land management entity''.
        Sec. 141. <<NOTE: Effective date.>> 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. <<NOTE: 16 USC 461 note.>> 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) <<NOTE: 117 Stat. 1319.>> by striking ``75-5-703(10)(b)'' and
    inserting ``75-5-703(10)(c)''.

        Sec. 143. Public Law 108-108 is amended under the heading ``Indian
    Health Service, Indian Health Services'' <<NOTE: 117 Stat. 1294.>> by
    striking ``(d) $2,000,000 for the Alaska Federation of Natives sobriety
    and wellness program for competitive merit-based grants:'' and inserting
    ``(d) $2,000,000 for RuralCap for alcohol treatment and related
    transitional housing for homeless chronic inebriates in Anchorage,
    Alaska:''.

        Sec. 144. Public Law 108-108 is hereby amended by adding at the end
    of section 344 <<NOTE: 117 Stat. 1318.>> 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) <<NOTE: Applicability. Reports.>> 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. <<NOTE: Mississippi. 16 USC 668dd note.>> 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.

    [[Page 118 STAT. 444]]

        (d) Boundary Revision.--The Secretary may revise the boundaries of
    the Refuge in the counties to--
                (1) carry out the purposes of the Refuge; or
                (2) facilitate the acquisition or donation of land.

        (e) Acquisition of Land.--Notwithstanding any other provision of
    law, the Secretary may, for management purposes, exchange Refuge land
    for land acquired or donated for fee title that is located in the
    counties.
        (f) Education Center.--The Secretary of the Army, acting through the
    Chief of Engineers, in consultation with the Secretary, shall design and
    construct a multiagency wildlife and environmental interpretive and
    education center at a location in the South Delta area of the State to
    be determined by a site selection and feasibility study conducted by the
    Secretary of the Army.
        (g) Designation of Refuge Complexes.--
                (1) Holt collier national wildlife refuge.--
                        (A) Designation.--The refuge in the State known as
                    the ``Bogue Phalia Unit of the Yazoo National Wildlife
                    Refuge'' shall be known as the ``Holt Collier National
                    Wildlife Refuge''.
                        (B) References.--Any reference in a law, map,
                    regulation, document, paper, or other record of the
                    United States to the refuge referred to in subparagraph
                    (A) shall be deemed to be a reference to the ``Holt
                    Collier National Wildlife Refuge''.
                (2) Theodore roosevelt national wildlife refuge complex.--
                        (A) Designation.--The refuge complex in the State
                    known as the ``Central Mississippi National Wildlife
                    Refuge Complex'' shall be known as the ``Theodore
                    Roosevelt National Wildlife Refuge Complex''.
                        (B) References.--Any reference in a law, map,
                    regulation, document, paper, or other record of the
                    United States to the refuge complex referred to in
                    subparagraph (A) shall be deemed to be a reference to
                    the ``Theodore Roosevelt National Wildlife Refuge
                    Complex''.

        (h) Authorization of Appropriations.--
                (1) In general.--There are authorized to be appropriated
            such sums as are necessary to carry out this section.
                (2) Education center.--There are authorized to be
            appropriated to carry out subsection (f) $6,000,000.

        Sec. 146. For the purposes described in section 386 of the Energy
    Policy Act of 2003 there is authorized to be appropriated $1,000,000,
    except that upon that Act becoming law, section 386 is amended through
    this Act:
                (1) in subsection (a) by inserting before the term ``to
            issue'' the phrase ``or with an entity the Secretary determines
            is qualified to construct and operate a liquefied natural gas
            project to transport liquefied natural gas from Southcentral
            Alaska to West Coast States,'';
                (2) at the end of paragraph 386(b)(1) by striking the period
            and inserting ``, or after the Secretary certifies there exists
            a qualified entity to construct and operate a liquefied natural
            gas project to transport liquefied natural gas from Southcentral
            Alaska to West Coast States. In no case shall loan guarantees be
            issued for more than one qualified project.'';

    [[Page 118 STAT. 445]]

                (3) at the end of paragraph 386(c)(2) by striking the period
            and inserting ``, except that the total amount of principal that
            may be guaranteed for a qualified liquefied natural gas project
            may not exceed a principal amount in which the cost of loan
            guarantees, as defined by section 502(5) of the Federal Credit
            Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds
            $2,000,000,000.''; and
                (4) at paragraph 386(g)(4):
                        (A) by inserting before the term ``consisting'' the
                    new term ``or system''; and
                        (B) by inserting between the term ``plants'' and the
                    ``)'' the phrase ``liquification plants and liquefied
                    natural gas tankers for transportation of liquefied
                    natural gas from Southcentral Alaska to the West
                    Coast''.

        Sec. 147. Payment of Expenses After the Death of Certain Federal
    Employees in the State of Alaska. Section 1308 of the Alaska National
    Interest Lands Conservation Act (16 U.S.C. 3198) is amended--
                (1) by redesignating subsection (c) as subsection (d); and
                (2) by inserting after subsection (b) the following:

        ``(c) Payment of Expenses After Death of an Employee.--
                ``(1) Definition of immediate family member.--In this
            subsection, the term ``immediate family member'' means a person
            related to a deceased employee that was a member of the
            household of the deceased employee at the time of death.
                ``(2) Payments.--If an employee appointed under the program
            established by subsection (a) dies in the performance of any
            assigned duties on or after October 1, 2002, the Secretary may--
                        ``(A) pay or reimburse reasonable expenses,
                    regardless of when those expenses are incurred, for the
                    preparation and transportation of the remains of the
                    deceased employee to a location in the State of Alaska
                    which is selected by the surviving head of household of
                    the deceased employee;
                        ``(B) pay or reimburse reasonable expenses,
                    regardless of when those expenses are incurred, for
                    transporting immediate family members and the baggage
                    and household goods of the deceased employee and
                    immediate family members to a community in the State of
                    Alaska which is selected by the surviving head of
                    household of the deceased employee.''.

        Sec. 148. United States Office for Native Hawaiian Relations. (a)
    Establishment.--The sum of $100,000 is appropriated, to remain available
    until expended, for the establishment of the Office of Native Hawaiian
    Relations within the Office of the Secretary of the Interior.
        (b) Duties.--The Office shall--
                (1) effectuate and implement the special legal relationship
            between the Native Hawaiian people and the United States;
                (2) continue the process of reconciliation with the Native
            Hawaiian people; and
                (3) fully integrate the principle and practice of
            meaningful, regular, and appropriate consultation with the
            Native Hawaiian people by assuring timely notification of and
            prior consultation with the Native Hawaiian people before any
            Federal agency

    [[Page 118 STAT. 446]]

            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 <<NOTE: Fern Lake Conservation and
    Recreation Act. Kentucky. Tennessee. 16 USC 268a.>> 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

    [[Page 118 STAT. 447]]

                    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

    [[Page 118 STAT. 448]]

            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) <<NOTE: Congress. 2 USC 121g.>> The Attending
    Physician to Congress shall have the authority and responsibility for
    overseeing and coordinating the use of medical assets in response to a
    bioterrorism event and other medical contingencies or public health
    emergencies occurring within the Capitol Buildings or the United States
    Capitol Grounds. This shall include the authority to enact quarantine
    and to declare death. These actions will be carried out in close
    cooperation and communication with the Commissioner of Public Health,
    Chief Medical Examiner, and other Public Health Officials of the
    District of Columbia government.

        (b) In this section--
                (1) the term ``Capitol Buildings'' has the meaning given
            such term in section 5101 of title 40, United States Code; and
                (2) the term ``United States Capitol Grounds'' has the
            meaning given such term in section 5102(a) of title 40, United
            States Code.

        (c) <<NOTE: Effective date. Applicability.>> 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) <<NOTE: 2 USC 1820 note.>> 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. <<NOTE: 22 USC 276n.>> 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

    [[Page 118 STAT. 449]]

    made. Appropriations shall be disbursed on vouchers to be approved by
    the Chair of the United States group.
        (d) Certification of Expenditures.--The certificate of the Chair of
    the United States group shall be final and conclusive upon the
    accounting officers in the auditing of the accounts of the United States
    group.
        (e) Fiscal Year 2004 Funding.--There is authorized within the
    contingent fund of the Senate under the appropriation account
    ``miscellaneous items'' $75,000 for fiscal year 2004 to assist in
    meeting the official expenses of the United States Senate-China
    Interparliamentary Group including conference room expenses, hospitality
    expenses, and food and food-related expenses. Expenses shall be paid on
    vouchers to be approved by the Chair of the United States group. The
    Secretary of the Senate is authorized to advance such sums as necessary
    to carry out this subsection.
        (f) Appropriations.--There are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2004, $100,000 for the United States Senate-China
    Interparliamentary Group.
        (g) Effective <<NOTE: Applicability.>> 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. <<NOTE: 22 USC 276o.>> 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

    [[Page 118 STAT. 450]]

    ending September 30, 2004, $100,000 for the United States Senate-Russia
    Interparliamentary Group.
        (g) <<NOTE: Applicability.>> 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. <<NOTE: 2 USC 61d-4.>> 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 <<NOTE: Applicability.>> section shall
    apply with respect to fiscal year 2004, and each fiscal year thereafter.

        Sec. 156. (a) <<NOTE: 2 USC 95e.>> 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) <<NOTE: Applicability.>> 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--

    [[Page 118 STAT. 451]]

                (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. <<NOTE: Applicability.>> 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 <<NOTE: Federal buildings and
    facilities.>> 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''.

    [[Page 118 STAT. 452]]

        (b) References.--Any reference in law, map, regulation, document,
    paper, or other record of the United States to the United States
    courthouse referred to in subsection (a) shall be deemed to be a
    reference to the ``Pete V. Domenici United States Courthouse''.
        Sec. 161. <<NOTE: 25 USC 450 note.>> 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 <<NOTE: 5 USC 552 note.>> 2000 (Public Law 106-567;
    114 Stat. 2865) is amended by striking ``3 years'' and inserting ``4
    years''.

        Sec. 164. <<NOTE: Alaska. Grants.>> 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

    [[Page 118 STAT. 453]]

    transfer center; for ``Funds Appropriated to the President, Bilateral
    Economic Assistance, Independent States of the Former Soviet Union'',
    $1,000,000, for the National Program of Action for the Protection of the
    Arctic Marine Environment; for ``Army Corps of Engineers, Construction,
    General'', $1,000,000 for the Stockton Metropolitan Flood Control
    Reimbursement, California, project; for ``Army Corps of Engineers,
    Construction, General'', $1,000,000 for the San Timoteo Creek element of
    the Santa Ana River Mainstem, California, project; for ``Army Corps of
    Engineers, Construction, General'', $2,000,000; for the Florida Keys
    Water Quality Improvements, Florida, project; for ``Army Corps of
    Engineers, Construction, General'', $1,500,000, for the Southern West
    Virginia Environmental Infrastructure, West Virginia, project; for
    ``Department of Energy, Science'', $2,000,000 for the Western Michigan
    University Nanotechnology Research and Computation Center; for
    Department of Energy, Energy Programs, ``Energy Supply'', $2,500,000 for
    the Enterprise Center in Chattanooga, Tennessee, for the Chattanooga
    Fuel Cell Demonstration Project; for ``Environmental Protection Agency,
    State and tribal assistance grants'', for grants to address drinking
    water and waste water infrastructure, $2,000,000 for the Wyoming Valley
    Sanitation Authority, Pennsylvania, for combined sewer overflow
    infrastructure improvements; for ``Environmental Protection Agency,
    State and tribal assistance grants'', for grants to address drinking
    water and waste water infrastructure, $1,000,000 to the Saratoga Water
    Committee in Saratoga County, New York, for construction of a drinking
    water transport pipeline; for ``Centers for Disease Control and
    Prevention, Disease Control, Research, and Training'', $1,000,000, for a
    grant to the Center for Emerging Biological Threats at Emory University,
    Atlanta, Georgia; for ``Department of Education, Higher Education'',
    $500,000, for a grant to Santa Clara University in Santa Clara,
    California, for technology infrastructure upgrades, campus-wide network
    infrastructure enhancements and equipment; for ``Department of Housing
    and Urban Development, Community Development Fund'', $600,000, for a
    grant to Shelter from the Storm, Incorporated in Palm Desert,
    California, for facilities renovations and improvements; for Department
    of Labor, Employment and Training Administration, $500,000, for the
    Labor Institute for Training, Inc., Indianapolis, Indiana; Department of
    Labor, Employment and Training Administration, $250,000, for the
    Institute for Labor Studies and Research, Cranston, Rhode Island, for
    Learning on the Roll; for Department of Health and Human Services,
    Health Resources and Services Administration, $200,000, for St. Luke's
    Episcopal Hospital, Houston, Texas, facilities and equipment; for
    Department of Health and Human Services, Centers for Disease Control and
    Prevention, $200,000, for the University of Texas M.D. Anderson Cancer
    Center, Houston, Texas, for a comprehensive cancer control program to
    address the needs of minority and medically underserved populations; for
    Department of Health and Human Services, Health Resources and Services
    Administration, $300,000, for the Long Island Cancer Center, State
    University of New York at Stony Brook, for facilities and equipment; for
    Department of Health and Human Services, Health Resources and Services
    Administration, $500,000 for the Iowa Health Foundation in Des Moines,
    Iowa, for a demonstration project to improve dental care in underserved
    rural areas; for Department of Health and Human Services, Health
    Resources and Services Administration,

    [[Page 118 STAT. 454]]

    $500,000, for the Cumberland Medical Center in Crossville, Tennessee,
    for facilities and equipment; for Department of Health and Human
    Services, Centers for Disease Control and Prevention, $250,000 for the
    New Haven Public Schools in New Haven, Connecticut, for the PE4LIFE
    program to promote and improve physical education, in cooperation with
    Yale University; for Department of Health and Human Services, Health
    Resources and Services Administration, $250,000, for Quinnipiac
    University in Hamden, Connecticut, for health-related academic
    facilities and equipment; for Department of Health and Human Services,
    Health Resources and Services Administration, $365,000, for the
    University of Michigan Health Systems in Ann Arbor, Michigan, for
    facilities and equipment; for Department of Health and Human Services,
    Administration on Aging, $500,000, for the Jewish Family & Children's
    Center of Greater Boston for Naturally Occurring Retirement Communities
    project; for Department of Health and Human Services, Centers for
    Disease Control and Prevention, $100,000, for the Marion County Health
    Department in Salem, Oregon, for a project to improve collection,
    analysis and dissemination of data on infectious diseases; for
    Department of Health and Human Services, Health Resources and Services
    Administration, $400,000, for the Tillamook Lightwave in Tillamook,
    Oregon, for a fiber optic link between Tillamook County Hospital and the
    Oregon Health Sciences University; for Department of Health and Human
    Services, Centers for Disease Control and Prevention, $300,000, for the
    Access Community Health Network in Chicago, Illinois, for programs
    related to prevention and control of chronic diseases; for Department of
    Health and Human Services, Health Resources and Services Administration,
    $200,000, for the Northwestern Memorial Hospital in Chicago, Illinois,
    for facilities and equipment; for Department of Health and Human
    Services, Health Resources and Services Administration, $200,000, for
    the Illinois Primary Health Care Association, for implementation of the
    Shared Integrated Management Information System; for Department of
    Health and Human Services, Health Resources and Services Administration,
    $250,000, for Family Resources Community Action in Woonsocket, Rhode
    Island, for outreach and supportive services for persons with HIV/AIDS;
    for Department of Health and Human Services, Health Resources and
    Services Administration, $250,000, for St. Joseph Hospital/PeaceHealth
    in Bellingham, Washington, on behalf of the Whatcom Community Health
    Improvement Consortium, to implement a model for improving care for
    patients with chronic diseases and increasing access and efficiency of
    services; for Department of Health and Human Services, Health Resources
    and Services Administration, $150,000, for the Children's Rehabilitation
    Center in White Plains, New York, for facilities and equipment; for
    Department of Health and Human Services, Health Resources and Services
    Administration, $60,000, for the Telfair Regional Hospital in McRae,
    Georgia, for facilities and equipment; for Department of Health and
    Human Services, Health Resources and Services Administration, $65,000,
    for the Candler County Hospital in Metter, Georgia, for facilities and
    equipment; for Department of Health and Human Services, Administration
    for Children and Families, $500,000 for The Boys & Girls Club of Greater
    Kansas City, Kansas City, Missouri, for the Heathwood Youth and Families
    Community Center; for Department of Health and Human Services, Health
    Resources and Services Administration, $200,000, for the Boston Medical

    [[Page 118 STAT. 455]]

    Center in Boston, Massachusetts, for facilities and equipment; for
    Department of Health and Human Services, Health Resources and Services
    Administration, $500,000, for the University of North Dakota School of
    Medicine and Health Sciences, for its rural health program in preventive
    medicine and behavioral sciences; for Department of Health and Human
    Services, Health Resources and Services Administration, $900,000, for
    the California Hospital Medical Center in Los Angeles, California, for
    facilities and equipment; for Department of Health and Human Services,
    Health Resources and Services Administration, $500,000, for the City of
    Abilene, Texas, Abilene-Taylor County Public Health District, for
    facilities and equipment; for Department of Health and Human Services,
    Health Resources and Services Administration, $400,000, for the Houston
    County Hospital, Crockett, Texas, for facilities and equipment; for
    Department of Education, $200,000, for the University of Hawaii, West
    Oahu campus, Hawaii, to produce the ``Primal Quest'' film documentary;
    for Department of Education, $500,000, for the Union Parish School
    District, Farmerville, Louisiana, to implement an online assessment and
    interactive instructional program; for Department of Education,
    $200,000, for the Middle Country School District, New York, to establish
    a math, science and technology lab at Oxhead Road Elementary School in
    Centereach, New York; for Department of Education, $500,000, for the
    Florida Campus Compact, Tallahassee, Florida, to enhance service-
    learning on college campuses throughout Florida; for Department of
    Education, $340,000, for Southern Connecticut State University, New
    Haven, Connecticut, to expand nursing education recruitment, diversity
    and training programs, in collaboration with Gateway Community College;
    for Department of Education, $60,000, for Gateway Community College, New
    Haven, Connecticut, to enhance educational media and technology; for
    Department of Education, $100,000, for Project Georgetown, Georgetown,
    Texas, for an after-school program; for Department of Education,
    $200,000, for Communities in Schools-Bell-Coryell Counties, Inc.,
    Killeen, Texas, for educational services for at-risk youth; for
    Department of Education, $200,000, for Communities in Schools-Central
    Texas, Inc., Austin, Texas, for educational services for at-risk youth;
    for Department of Education, $325,000; for Harrisburg Polytechnic
    Institute, Harrisburg, Pennsylvania, for a K-16 curriculum, equipment,
    internships and enrichment activities for high school students; for
    Department of Education, $175,000, for Lehigh Carbon Community College,
    Tamaqua, Pennsylvania, for equipment and technology upgrades, and for
    curricula; for Department of Education, $200,000, for Chicago State
    University, Chicago Illinois, to establish a school of pharmacy,
    including equipment; for Department of Education, $500,000, for Marywood
    University, Scranton, Pennsylvania, to establish a Center for Assistive
    Technology; for Department of Education, $400,000, for the Boys & Girls
    Club of Pawtucket, Rhode Island, for academic and literacy, character
    education, career preparation, and enrichment activities for youth; for
    Department of Education, $250,000, for Whatcom Community College,
    Bellingham, Washington, to establish a center for training in border
    security; for Department of Education, $400,000, for Westchester
    Community College, New York, for personnel, equipment and other
    programmatic expenses for The New Center; for Department of Education,
    $50,000, for the Marymount Institute for the Education of Women and
    Girls of Marymount College of Fordham

    [[Page 118 STAT. 456]]

    University, Tarrytown, New York, for a mentoring project to enhance the
    academic and social development of Latina girls at Sleepy Hollow Middle
    School; for Department of Education, $500,000, for Northern Kentucky
    University, Highland Heights, Kentucky, for the Urban Learning Center to
    expand access to postsecondary education; for Department of Education,
    $500,000, for Iron County School District, Cedar City, Utah, for a
    student achievement management information system; for Department of
    Education, $200,000, for Western Maine Technical College, South Paris,
    Maine, for education programs and marketing activities; for Department
    of Education, $275,000, for the YMCA of the Triangle Area, Raleigh,
    North Carolina, for youth mentoring, character education and leadership
    activities; for Department of Education, $325,000, for Communities in
    Schools of Northeast Texas, Inc., Pflugerville, Texas, for educational
    services for at-risk students; for the Institute of Museum and Library
    Services, $300,000, for The Hudson River Museum, Yonkers, New York, for
    the ``Hudson River Access'' science education project; for the Institute
    of Museum and Library Services, $375,000, for the Tubman African
    American Museum, Macon, Georgia, for exhibits, education programs and
    outreach activities; for the Institute of Museum and Library Services,
    $300,000, for the Maine Discovery Museum, Bangor, Maine, for exhibits
    and education programs; for the Institute of Museum and Library
    Services, $225,000, for the North Carolina State Museum of Natural
    Sciences, Raleigh, North Carolina, to develop exhibits and education
    programs; for the Department of Housing and Urban Development,
    ``Community Development Fund'', Economic Development Initiative program,
    for carrying out targeted economic investments, $3,010,000, to be
    allocated in the amounts and under the terms and conditions specified on
    pages 33 through 60 of House Report No. 108-235 for projects numbered
    35, 52, 60, 61, 174, 175, 177, 181, 195, 223, 250, 265, 297, 333, 408,
    409, 410, 421, 438, 439, 441, 496, 509, 574, and 583; and for the
    Environmental Protection Agency, ``State and Tribal Assistance Grants''
    to local communities for repair, replacement or upgrading of their
    drinking water, wastewater or storm water infrastructure or for water
    quality protection activities, $600,000, to be allocated under the terms
    and conditions specified on pages 111 through 127 of House Report No.
    108-235 for projects numbered 121 and 226.
        Sec. 168. (a) Rescissions.--From unobligated balances of amounts
    made available in Public Law 107-38, and in Public Law 107-117, and in
    appropriations Acts for the Department of Defense, $1,800,000,000 is
    hereby rescinded: Provided, That the Director of the Office of
    Management and Budget, after consultation with the Committees on
    Appropriations of the House and Senate and the Secretary of Defense,
    shall determine the amounts to be rescinded from each account that is to
    be so <<NOTE: Effective date.>> reduced: Provided further, That the
    rescissions shall take effect no later than September 30, 2004: Provided
    further, <<NOTE: Notification.>> 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

    [[Page 118 STAT. 457]]

    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 <<NOTE: Deadline.>> 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''.

        Approved January 23, 2004.

    LEGISLATIVE HISTORY--H.R. 2673 (S. 1427):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: Nos. 108-193 (Comm. on Appropriations) and 108-401
    (Comm. of Conference).
    SENATE REPORTS: No. 108-107 accompanying S. 1427 (Comm. on
    Appropriations).
    CONGRESSIONAL RECORD:
                                                            Vol. 149 (2003):
                                        July 14, considered and passed
                                            House.
                                        Nov. 5, 6, considered and passed
                                            Senate, amended.
                                        Dec. 8, House agreed to conference
                                            report.
                                                            Vol. 150 (2004):
                                        Jan. 22, Senate agreed to conference
                                            report.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
                Jan. 23, Presidential statement.

                                      <all>