108TH CONGRESS

1ST SESSION H. R. 2799

AN ACT

Making appropriations for the Departments of

Commerce, Justice, and State, the Judiciary, andrelated agencies for the fiscal year ending September 30, 2004, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2799

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 fiscal year ending September 30, 2004, and for other pur4 poses, namely:

5 TITLE I—DEPARTMENT OF JUSTICE

6 GENERAL ADMINISTRATION

7 SALARIES AND EXPENSES

8 For expenses necessary for the administration of the

9 Department of Justice, $106,664,000, of which not to ex10 ceed $3,317,000 is for the Facilities Program 2000, to

11 remain available until expended: Provided, That not to ex12 ceed 43 permanent positions and 44 full-time equivalent

13 workyears and $10,172,000 shall be expended for the De14 partment Leadership Program exclusive of augmentation

15 that occurred in these offices in fiscal year 2003: Provided

16 further, That not to exceed 31 permanent positions, 33

17 full-time equivalent workyears and $3,464,000 shall be ex18 pended for the Office of Legislative Affairs: Provided fur19 ther, That not to exceed 15 permanent positions, 20 full20 time equivalent workyears and $1,875,000 shall be ex21 pended for the Office of Public Affairs: Provided further,

22 That the latter two aforementioned offices may utilize

23 non-reimbursable details of career employees within the

24 caps described in the preceding two provisos: Provided fur25 ther, That the Attorney General is authorized to transfer,
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1 under such terms and conditions as the Attorney General

2 shall specify, forfeited real or personal property of limited

3 or marginal value, as such value is determined by guide4 lines established by the Attorney General, to a State or

5 local government agency, or its designated contractor or

6 transferee, for use to support drug abuse treatment, drug

7 and crime prevention and education, housing, job skills,

8 and other community-based public health and safety pro9 grams: Provided further, That any transfer under the pre10 ceding proviso shall not create or confer any private right

11 of action in any person against the United States, and

12 shall be treated as a reprogramming under section 605

13 of this Act.

14 IDENTIFICATION SYSTEMS INTEGRATION

15 For necessary expenses for the nationwide deploy16 ment of a Joint Automated Booking System and for the

17 planning, development, and deployment of an integrated

18 fingerprint identification system, including automated ca19 pability to transmit fingerprint and image data,

20 $20,677,000.

21 LEGAL ACTIVITIES OFFICE AUTOMATION

22 For necessary expenses related to the design, develop23 ment, engineering, acquisition, and implementation of of24 fice automation systems for the organizations funded

25 under the headings ‘‘Salaries and Expenses, General

26 Legal Activities’’, and ‘‘General Administration, Salaries
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1 and Expenses’’, and the United States Attorneys, the

2 United States Marshals Service, the Antitrust Division,

3 the United States Trustee Program, the Executive Office

4 for Immigration Review, the Community Relations Serv5 ice, the Bureau of Prisons, and the Office of Justice Pro6 grams, $30,136,000: Provided, That, of the funds made

7 available under this heading, $22,000,000 shall not be8 come available for obligation until September 15, 2004,

9 and shall remain available until September 30, 2005.

10 NARROWBAND COMMUNICATIONS

11 For the costs of conversion to narrowband commu12 nications, including the cost for operation and mainte13 nance of Land Mobile Radio legacy systems,

14 $103,171,000, to remain available until September 30,

15 2005: Provided, That the Attorney General shall transfer

16 to the ‘‘Narrowband Communications’’ account all funds

17 made available to the Department of Justice for the pur18 chase of portable and mobile radios: Provided further,

19 That any transfer made under the preceding proviso shall

20 be subject to section 605 of this Act.

21 COUNTERTERRORISM FUND

22 For necessary expenses, as determined by the Attor23 ney General, $1,000,000, to remain available until ex24 pended, to reimburse any Department of Justice organiza25 tion for: (1) the costs incurred in reestablishing the oper26 ational capability of an office or facility which has been
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1 damaged or destroyed as a result of any domestic or inter2 national terrorist incident; and (2) the costs of providing

3 support to counter, investigate or prosecute domestic or

4 international terrorism, including payment of rewards in

5 connection with these activities: Provided, That any Fed6 eral agency may be reimbursed for the costs of detaining

7 in foreign countries individuals accused of acts of ter8 rorism that violate the laws of the United States: Provided

9 further, That funds provided under this paragraph shall

10 be available only after the Attorney General notifies the

11 Committees on Appropriations of the House of Represent12 atives and the Senate in accordance with section 605 of

13 this Act.

14 ADMINISTRATIVE REVIEW AND APPEALS

15 For expenses necessary for the administration of par16 don and clemency petitions and immigration-related activi17 ties, $193,530,000.

18 DETENTION TRUSTEE

19 For necessary expenses of the Federal Detention

20 Trustee who shall exercise all power and functions author21 ized by law relating to the detention of Federal prisoners

22 in non-Federal institutions or otherwise in the custody of

23 the United States Marshals Service, $810,125,000, to re24 main available until expended: Provided, That the Trustee

25 shall be responsible for managing the Justice Prisoner and

26 Alien Transportation System and for overseeing housing
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1 related to such detention; the management of funds appro2 priated to the Department of Justice for the exercise of

3 any detention functions; and the direction of the United

4 States Marshals Service with respect to the exercise of de5 tention policy setting and operations for the Department:

6 Provided further, That any unobligated balances available

7 in prior years from the funds appropriated under the

8 heading ‘‘Federal Prisoner Detention’’ shall be transferred

9 to and merged with the appropriation under the heading

10 ‘‘Detention Trustee’’ and shall be available until expended:

11 Provided further, That the Trustee, working in consulta12 tion with the Bureau of Prisons, shall submit a plan for

13 collecting information related to evaluating the health and

14 safety of Federal prisoners in non-Federal institutions no

15 later than 180 days following the enactment of this Act.

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector

18 General in carrying out the provisions of the Inspector

19 General Act of 1978, $56,245,000, including not to exceed

20 $10,000 to meet unforeseen emergencies of a confidential

21 character.

22 UNITED STATES PAROLE COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses of the United States Parole

25 Commission as authorized, $10,609,000.
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1 LEGAL ACTIVITIES

2 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

3 For expenses necessary for the legal activities of the

4 Department of Justice, not otherwise provided for, includ5 ing not to exceed $20,000 for expenses of collecting evi6 dence, to be expended under the direction of, and to be

7 accounted for solely under the certificate of, the Attorney

8 General; and rent of private or Government-owned space

9 in the District of Columbia, $620,533,000, of which not

10 to exceed $10,000,000 for litigation support contracts

11 shall remain available until expended, and of which not

12 less than $1,996,000 shall be available for necessary ad13 ministrative expenses in accordance with the Radiation

14 Exposure Compensation Act: Provided, That of the total

15 amount appropriated, not to exceed $1,000 shall be avail16 able to the United States National Central Bureau,

17 INTERPOL, for official reception and representation ex18 penses: Provided further, That notwithstanding any other

19 provision of law, upon a determination by the Attorney

20 General that emergent circumstances require additional

21 funding for litigation activities of the Civil Division, the

22 Attorney General may transfer such amounts to ‘‘Salaries

23 and Expenses, General Legal Activities’’ from available

24 appropriations for the current fiscal year for the Depart25 ment of Justice, as may be necessary to respond to such
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1 circumstances: Provided further, That any transfer pursu2 ant to the previous proviso shall be treated as a re3 programming under section 605 of this Act and shall not

4 be available for obligation or expenditure except in compli5 ance with the procedures set forth in that section.

6 In addition, for reimbursement of expenses of the De7 partment of Justice associated with processing cases

8 under the National Childhood Vaccine Injury Act of 1986,

9 not to exceed $4,028,000, to be appropriated from the

10 Vaccine Injury Compensation Trust Fund.

11 SALARIES AND EXPENSES, ANTITRUST DIVISION

12 For expenses necessary for the enforcement of anti13 trust and kindred laws, $128,133,000, to remain available

14 until expended: Provided, That, notwithstanding any other

15 provision of law, not to exceed $112,000,000 of offsetting

16 collections derived from fees collected for premerger notifi17 cation filings under the Hart-Scott-Rodino Antitrust Im18 provements Act of 1976 (15 U.S.C. 18a), regardless of

19 the year of collection, shall be retained and used for nec20 essary expenses in this appropriation, and shall remain

21 available until expended: Provided further, That the sum

22 herein appropriated from the general fund shall be re23 duced as such offsetting collections are received during fis24 cal year 2004, so as to result in a final fiscal year 2004

25 appropriation from the general fund estimated at not more
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1 than $16,133,000: Provided further, That, notwithstand2 ing section 1353 of title 31, United States Code, no em3 ployee of the Antitrust Division may accept, nor may the

4 Antitrust Division accept, payment or reimbursement

5 from a non-Federal entity for travel, subsistence, or re6 lated expenses for the purpose of enabling an employee

7 to attend and participate in a convention, conference, or

8 meeting when the entity offering payment or reimburse9 ment is a person or corporation subject to regulation by

10 the Antitrust Division, or represents a person or corpora11 tion subject to regulation by the Antitrust Division, unless

12 the person or corporation is an organization exempt from

13 taxation pursuant to section 501(c)(3) of the Internal

14 Revenue Code of 1986.

15 SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

16 For necessary expenses of the Offices of the United

17 States Attorneys, including inter-governmental and coop18 erative agreements, $1,526,253,000; of which not to ex19 ceed $2,500,000 shall be available until September 30,

20 2005, for: (1) training personnel in debt collection; (2) lo21 cating debtors and their property; (3) paying the net costs

22 of selling property; and (4) tracking debts owed to the

23 United States Government: Provided, That of the total

24 amount appropriated, not to exceed $8,000 shall be avail25 able for official reception and representation expenses:

26 Provided further, That not to exceed $10,000,000 of those
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1 funds available for automated litigation support contracts

2 shall remain available until expended: Provided further,

3 That, in addition to reimbursable full-time equivalent

4 workyears available to the Offices of the United States At5 torneys, not to exceed 10,113 positions and 10,298 full6 time equivalent workyears shall be supported from the

7 funds appropriated in this Act for the United States At8 torneys.

9 UNITED STATES TRUSTEE SYSTEM FUND

10 For necessary expenses of the United States Trustee

11 Program, as authorized, $166,157,000, to remain avail12 able until expended and to be derived from the United

13 States Trustee System Fund: Provided, That, notwith14 standing any other provision of law, deposits to the Fund

15 shall be available in such amounts as may be necessary

16 to pay refunds due depositors: Provided further, That, not17 withstanding any other provision of law, $166,157,000 of

18 offsetting collections pursuant to 28 U.S.C. 589a(b) shall

19 be retained and used for necessary expenses in this appro20 priation and remain available until expended: Provided

21 further, That the sum herein appropriated from the Fund

22 shall be reduced as such offsetting collections are received

23 during fiscal year 2004, so as to result in a final fiscal

24 year 2004 appropriation from the Fund estimated at $0.
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1 SALARIES AND EXPENSES, FOREIGN CLAIMS

2 SETTLEMENT COMMISSION

3 For expenses necessary to carry out the activities of

4 the Foreign Claims Settlement Commission, including

5 services as authorized by 5 U.S.C. 3109, $1,205,000.

6 SALARIES AND EXPENSES, UNITED STATES MARSHALS

7 SERVICE

8 For necessary expenses of the United States Mar9 shals Service, $678,672,000; of which $17,403,000 shall

10 be available for 106 supervisory deputy marshal positions

11 for courthouse security; of which not to exceed $6,000

12 shall be available for official reception and representation

13 expenses; of which not to exceed $4,000,000 shall be avail14 able for development, implementation, maintenance and

15 support, and training for an automated prisoner informa16 tion system and shall remain available until expended; of

17 which $2,000,000 shall be available for the costs of court18 house security equipment, including furnishings, reloca19 tions, and telephone systems and cabling, and shall remain

20 available until expended; and of which not to exceed

21 $1,371,000 is for constructing United States Marshals

22 Service prisoner-holding space in United States Court23 houses and Federal buildings: Provided, That, in addition

24 to reimbursable full-time equivalent workyears available to

25 the United States Marshals Service, not to exceed 4,240

26 positions and 4,074 full-time equivalent workyears shall
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1 be supported from the funds appropriated in this Act for

2 the United States Marshals Service.

3 FEES AND EXPENSES OF WITNESSES

4 For expenses, mileage, compensation, and per diems

5 of witnesses, for expenses of contracts for the procurement

6 and supervision of expert witnesses, for private counsel ex7 penses, and for per diems in lieu of subsistence, as author8 ized by law, including advances, $156,145,000, to remain

9 available until expended; of which not to exceed

10 $8,000,000 may be made available for planning, construc11 tion, renovations, maintenance, remodeling, and repair of

12 buildings, and the purchase of equipment incident thereto,

13 for protected witness safesites; of which not to exceed

14 $1,000,000 may be made available for the purchase and

15 maintenance of armored vehicles for transportation of pro16 tected witnesses; and of which not to exceed $5,000,000

17 may be made available for the purchase, installation, and

18 maintenance of secure telecommunications equipment and

19 a secure automated information network to store and re20 trieve the identities and locations of protected witnesses.

21 SALARIES AND EXPENSES, COMMUNITY RELATIONS

22 SERVICE

23 For necessary expenses of the Community Relations

24 Service, $9,526,000 and, in addition, up to $1,000,000 of

25 funds made available to the Department of Justice in this

26 Act may be transferred by the Attorney General to this
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1 account: Provided, That notwithstanding any other provi2 sion of law, upon a determination by the Attorney General

3 that emergent circumstances require additional funding

4 for conflict resolution and violence prevention activities of

5 the Community Relations Service, the Attorney General

6 may transfer such amounts to the Community Relations

7 Service, from available appropriations for the current fis8 cal year for the Department of Justice, as may be nec9 essary to respond to such circumstances: Provided further,

10 That any transfer pursuant to the previous proviso shall

11 be treated as a reprogramming under section 605 of this

12 Act and shall not be available for obligation or expenditure

13 except in compliance with the procedures set forth in that

14 section.

15 ASSETS FORFEITURE FUND

16 For expenses authorized by 28 U.S.C. 524(c)(1)(B),

17 (F), and (G), $21,759,000, to be derived from the Depart18 ment of Justice Assets Forfeiture Fund.

19 FEDERAL BUREAU OF INVESTIGATION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Bureau of In22 vestigation for detection, investigation, and prosecution of

23 crimes against the United States; including purchase for

24 police-type use of not to exceed 2,454 passenger motor ve25 hicles, of which 1,843 will be for replacement only; and

26 not to exceed $70,000 to meet unforeseen emergencies of
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1 a confidential character pursuant to 28 U.S.C. 530C,

2 $4,576,730,000; of which not to exceed $65,000,000 for

3 automated data processing and telecommunications and

4 technical investigative equipment, and not to exceed

5 $1,000,000 for undercover operations, shall remain avail6 able until September 30, 2005; of which $490,104,000

7 shall be for counterterrorism investigations, foreign coun8 terintelligence, and other activities related to our national

9 security; of which not less than $153,812,000 shall only

10 be for Joint Terrorism Task Forces; and of which not to

11 exceed $10,000,000 is authorized to be made available for

12 making advances for expenses arising out of contractual

13 or reimbursable agreements with State and local law en14 forcement agencies while engaged in cooperative activities

15 related to violent crime, terrorism, organized crime, and

16 drug investigations: Provided, That not to exceed

17 $250,000 shall be available for official reception and rep18 resentation expenses: Provided further, That, in addition

19 to reimbursable full-time equivalent workyears available to

20 the Federal Bureau of Investigation, not to exceed 28,378

21 positions and 26,805 full-time equivalent workyears shall

22 be supported from the funds appropriated in this Act for

23 the Federal Bureau of Investigation.
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1 FOREIGN TERRORIST TRACKING TASK FORCE

2 For expenses necessary for the Foreign Terrorist

3 Tracking Task Force, including salaries and expenses, op4 erations, equipment, and facilities, $61,597,000.

5 CONSTRUCTION

6 For necessary expenses to construct or acquire build7 ings and sites by purchase, or as otherwise authorized by

8 law (including equipment for such buildings); conversion

9 and extension of federally-owned buildings; and prelimi10 nary planning and design of projects; $1,242,000, to re11 main available until expended.

12 DRUG ENFORCEMENT ADMINISTRATION

13 SALARIES AND EXPENSES

14 For necessary expenses of the Drug Enforcement Ad15 ministration, including not to exceed $70,000 to meet un16 foreseen emergencies of a confidential character pursuant

17 to 28 U.S.C. 530C; and purchase of not to exceed 982

18 passenger motor vehicles, of which 886 will be for replace19 ment only, for police-type use, $1,601,327,000; of which

20 not to exceed $33,000,000 for permanent change of sta21 tion shall remain available until September 30, 2005; of

22 which not to exceed $1,800,000 for research shall remain

23 available until expended; of which not to exceed

24 $4,000,000 for purchase of evidence and payments for in25 formation, not to exceed $10,000,000 for contracting for

26 automated data processing and telecommunications equip-
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1 ment, and not to exceed $2,000,000 for laboratory equip2 ment, $4,000,000 for technical equipment, and

3 $2,000,000 for aircraft replacement retrofit and parts,

4 shall remain available until September 30, 2005; and of

5 which not to exceed $50,000 shall be available for official

6 reception and representation expenses: Provided, That, in

7 addition to reimbursable full-time equivalent workyears

8 available to the Drug Enforcement Administration, not to

9 exceed 8,358 positions and 8,018 full-time equivalent

10 workyears shall be supported from the funds appropriated

11 in this Act for the Drug Enforcement Administration.

12 INTERAGENCY DRUG ENFORCEMENT

13 For necessary expenses for the detection, investiga14 tion, and prosecution of individuals involved in organized

15 crime drug trafficking not otherwise provided for, to in16 clude inter-governmental agreements with State and local

17 law enforcement agencies engaged in the investigation and

18 prosecution of individuals involved in organized crime drug

19 trafficking, $556,465,000, of which $50,000,000 shall re20 main available until expended: Provided, That any

21 amounts obligated from appropriations under this heading

22 may be used under authorities available to the organiza23 tions reimbursed from this appropriation: Provided fur24 ther, That any unobligated balances remaining available

25 at the end of the fiscal year shall revert to the Drug En26 forcement Administrator for reallocation among partici-
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1 pating organizations in succeeding fiscal years, subject to

2 the reprogramming procedures set forth in section 605 of

3 this Act.

4 BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND

5 EXPLOSIVES

6 SALARIES AND EXPENSES

7 For necessary expenses of the Bureau of Alcohol, To8 bacco, Firearms and Explosives, including purchase of not

9 to exceed 822 vehicles for police-type use, of which 650

10 shall be for replacement only; not to exceed $18,000 for

11 official reception and representation expenses; for training

12 of State and local law enforcement agencies with or with13 out reimbursement, including training in connection with

14 the training and acquisition of canines for explosives and

15 fire accelerants detection; and for provision of laboratory

16 assistance to State and local law enforcement agencies,

17 with or without reimbursement, $831,199,000, of which

18 not to exceed $1,000,000 shall be available for the pay19 ment of attorneys’ fees as provided by 18 U.S.C.

20 924(d)(2); and of which up to $2,000,000 shall be avail21 able for the equipping of any vessel, vehicle, equipment,

22 or aircraft available for official use by a State or local law

23 enforcement agency if the conveyance will be used in joint

24 law enforcement operations with the Bureau and for the

25 payment of overtime salaries including Social Security and
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1 Medicare, travel, fuel, training, equipment, supplies, and

2 other similar costs of State and local law enforcement per3 sonnel, including sworn officers and support personnel,

4 that are incurred in joint operations with the Bureau: Pro5 vided, That no funds appropriated herein shall be available

6 for salaries or administrative expenses in connection with

7 consolidating or centralizing, within the Department of

8 Justice, the records, or any portion thereof, of acquisition

9 and disposition of firearms maintained by Federal fire10 arms licensees: Provided further, That no funds appro11 priated herein shall be used to pay administrative expenses

12 or the compensation of any officer or employee of the

13 United States to implement an amendment or amend14 ments to 27 CFR 178.118 or to change the definition of

15 ‘‘Curios or relics’’ in 27 CFR 178.11 or remove any item

16 from ATF Publication 5300.11 as it existed on January

17 1, 1994: Provided further, That none of the funds appro18 priated herein shall be available to investigate or act upon

19 applications for relief from Federal firearms disabilities

20 under 18 U.S.C. 925(c): Provided further, That such funds

21 shall be available to investigate and act upon applications

22 filed by corporations for relief from Federal firearms dis23 abilities under section 925(c) of title 18, United States

24 Code: Provided further, That no funds made available by

25 this or any other Act may be used to transfer the func-
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1 tions, missions, or activities of the Bureau of Alcohol, To2 bacco, Firearms, and Explosives to other agencies or De3 partments in fiscal year 2004: Provided further, That no

4 funds appropriated under this or any other Act may be

5 used to disclose to the public the contents or any portion

6 thereof of any information required to be kept by licensees

7 pursuant to section 923(g) of title 18, United States Code,

8 or required to be reported pursuant to paragraphs (3) and

9 (7) of section 923(g) of title 18, United States Code, ex10 cept that this provision shall apply to any request for in11 formation made by any person or entity after January 1,

12 1998: Provided further, That none of the funds provided

13 in this Act or any other Act for the enforcement or imple14 mentation of section 923(g)(5) of title 18, United States

15 Code, shall be expended in a manner that requires any

16 records regarding the acquisition or disposition of a fire17 arm by a licensee to be submitted to the Bureau of Alco18 hol, Tobacco, Firearms, and Explosives by the licensee un19 less the records are specifically required during a bona fide

20 criminal investigation to: (1) determine the disposition of

21 one or more firearms which are the subject of, or attend22 ant to, the investigation; or (2) identify an individual of23 fender who is the subject or target of the investigation:

24 Provided further, That no funds made available by this or

25 any other Act shall be expended to promulgate or imple-
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1 ment any rule requiring a physical inventory of any busi2 ness licensed under section 923 of title 18, United States

3 Code: Provided further, That no funds authorized or made

4 available under this or any other Act may be used to deny

5 any application for a license under section 923 of title 18,

6 United States Code, or renewal of such a license due to

7 a lack of business activity, provided that the applicant is

8 otherwise eligible to receive such a license, and is eligible

9 to report business income or to claim an income tax deduc10 tion for business expenses under the Internal Revenue

11 Code of 1986: Provided further, That no funds under this

12 Act may be used to electronically retrieve information

13 gathered pursuant to 18 U.S.C. 923(g)(4) by name or any

14 personal identification code: Provided further, That sub15 paragraphs (A) and (B) of 28 U.S.C. 530C(b)(2), are

16 amended by inserting ‘‘for the Bureau of Alcohol, To17 bacco, Firearms and Explosives,’’ after ‘‘Marshals Serv18 ice,’’ in each subparagraph.

19 FEDERAL PRISON SYSTEM

20 SALARIES AND EXPENSES

21 For expenses necessary for the administration, oper22 ation, and maintenance of Federal penal and correctional

23 institutions, including purchase (not to exceed 838, of

24 which 535 are for replacement only) and hire of law en25 forcement and passenger motor vehicles, and for the provi-
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1 sion of technical assistance and advice on corrections re2 lated issues to foreign governments, $4,461,257,000: Pro3 vided, That the Attorney General may transfer to the

4 Health Resources and Services Administration such

5 amounts as may be necessary for direct expenditures by

6 that Administration for medical relief for inmates of Fed7 eral penal and correctional institutions: Provided further,

8 That the Director of the Federal Prison System, where

9 necessary, may enter into contracts with a fiscal agent/

10 fiscal intermediary claims processor to determine the

11 amounts payable to persons who, on behalf of the Federal

12 Prison System, furnish health services to individuals com13 mitted to the custody of the Federal Prison System: Pro14 vided further, That not to exceed $6,000 shall be available

15 for official reception and representation expenses: Pro16 vided further, That not to exceed $50,000,000 shall re17 main available for necessary operations until September

18 30, 2005: Provided further, That, of the amounts provided

19 for Contract Confinement, not to exceed $20,000,000 shall

20 remain available until expended to make payments in ad21 vance for grants, contracts and reimbursable agreements,

22 and other expenses authorized by section 501(c) of the

23 Refugee Education Assistance Act of 1980, for the care

24 and security in the United States of Cuban and Haitian

25 entrants: Provided further, That the Director of the Fed-
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1 eral Prison System may accept donated property and serv2 ices relating to the operation of the prison card program

3 from a not-for-profit entity which has operated such pro4 gram in the past notwithstanding the fact that such not5 for-profit entity furnishes services under contracts to the

6 Federal Prison System relating to the operation of pre7 release services, halfway houses or other custodial facili8 ties.

9 BUILDINGS AND FACILITIES

10 For planning, acquisition of sites and construction of

11 new facilities; purchase and acquisition of facilities and re12 modeling, and equipping of such facilities for penal and

13 correctional use, including all necessary expenses incident

14 thereto, by contract or force account; and constructing,

15 remodeling, and equipping necessary buildings and facili16 ties at existing penal and correctional institutions, includ17 ing all necessary expenses incident thereto, by contract or

18 force account, $202,840,000, to remain available until ex19 pended, of which not to exceed $14,000,000 shall be avail20 able to construct areas for inmate work programs: Pro21 vided, That labor of United States prisoners may be used

22 for work performed under this appropriation: Provided

23 further, That not to exceed 10 percent of the funds appro24 priated to ‘‘Buildings and Facilities’’ in this or any other

25 Act may be transferred to ‘‘Salaries and Expenses’’, Fed26 eral Prison System, upon notification by the Attorney
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1 General to the Committees on Appropriations of the

2 House of Representatives and the Senate in compliance

3 with provisions set forth in section 605 of this Act.

4 FEDERAL PRISON INDUSTRIES, INCORPORATED

5 The Federal Prison Industries, Incorporated, is here6 by authorized to make such expenditures, within the limits

7 of funds and borrowing authority available, and in accord

8 with the law, and to make such contracts and commit9 ments, without regard to fiscal year limitations as pro10 vided by section 9104 of title 31, United States Code, as

11 may be necessary in carrying out the program set forth

12 in the budget for the current fiscal year for such corpora13 tion, including purchase (not to exceed five for replace14 ment only) and hire of passenger motor vehicles.

15 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

16 PRISON INDUSTRIES, INCORPORATED

17 Not to exceed $3,429,000 of the funds of the corpora18 tion shall be available for its administrative expenses, and

19 for services as authorized by 5 U.S.C. 3109, to be com20 puted on an accrual basis to be determined in accordance

21 with the corporation’s current prescribed accounting sys22 tem, and such amounts shall be exclusive of depreciation,

23 payment of claims, and expenditures which such account24 ing system requires to be capitalized or charged to cost

25 of commodities acquired or produced, including selling and

26 shipping expenses, and expenses in connection with acqui-
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1 sition, construction, operation, maintenance, improvement,

2 protection, or disposition of facilities and other property

3 belonging to the corporation or in which it has an interest.

4 OFFICE OF JUSTICE PROGRAMS

5 JUSTICE ASSISTANCE

6 For grants, contracts, cooperative agreements, and

7 other assistance authorized by title I of the Omnibus

8 Crime Control and Safe Streets Act of 1968, the Missing

9 Children’s Assistance Act, including salaries and expenses

10 in connection therewith, the Prosecutorial Remedies and

11 Other Tools to end the Exploitation of Children Today Act

12 of 2003 (Public Law 108–21), and the Victims of Crime

13 Act of 1984, $209,131,000, to remain available until ex14 pended.

15 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

16 For grants, contracts, cooperative agreements, and

17 other assistance authorized by the Violent Crime Control

18 and Law Enforcement Act of 1994 (Public Law 103–322)

19 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe

20 Streets Act of 1968 (‘‘the 1968 Act’’); the Victims of

21 Trafficking and Violence Protection Act of 2000 (Public

22 Law 106–386); and other programs; $1,640,861,000 (in23 cluding amounts for administrative costs, which shall be

24 transferred to and merged with the ‘‘Justice Assistance’’

25 account): Provided, That all balances under this heading

26 for programs to address violence against women may be
25

•HR 2799 EH

1 transferred to and merged with the appropriation for ‘‘Vi2 olence Against Women Prevention and Prosecution Pro3 grams’’: Provided further, That funding provided under

4 this heading shall remain available until expended as fol5 lows:

6 (1) $400,000,000 for Local Law Enforcement

7 Block Grants, pursuant to H.R. 728 as passed by

8 the House of Representatives on February 14, 1995,

9 except that for purposes of this Act and retroactive

10 to October 1, 2000, Guam shall be considered as one

11 ‘‘State’’ for all purposes under H.R. 728: Provided,

12 That funding shall be available for the purposes au13 thorized by part E of title I of the 1968 Act: Pro14 vided further, That no funds provided under this

15 heading may be used as matching funds for any

16 other Federal grant program, of which—

17 (A) $80,000,000 shall be for Boys and

18 Girls Clubs in public housing facilities and

19 other areas in cooperation with State and local

20 law enforcement, as authorized by section 401

21 of Public Law 104–294 (42 U.S.C. 13751

22 note): Provided, That funds may also be used to

23 defray the costs of indemnification insurance

24 for law enforcement officers;
26

•HR 2799 EH

1 (B) $20,000,000 shall be available for

2 grants, contracts, and other assistance to carry

3 out section 102(c) of H.R. 728; and

4 (C) $5,000,000 for USA Freedom Corps

5 activities;

6 (2) $400,000,000 for the State Criminal Alien

7 Assistance Program, as authorized by section 242(j)

8 of the Immigration and Nationality Act;

9 (3) $2,500,000 for the Cooperative Agreement

10 Program for the improvement of State and local cor11 rectional facilities holding prisoners in custody of the

12 United States Marshals Service;

13 (4) $13,000,000 for assistance to Indian tribes,

14 of which—

15 (A) $8,000,000 shall be available for the

16 Tribal Courts Initiative; and

17 (B) $5,000,000 shall be available for dem18 onstration projects on alcohol and crime in In19 dian Country;

20 (5) $615,000,000 for programs authorized by

21 part E of title I of the 1968 Act, notwithstanding

22 the provisions of section 511 of said Act, of which

23 $115,000,000 shall be for discretionary grants under

24 the Edward Byrne Memorial State and Local Law

25 Enforcement Assistance Programs;
27

•HR 2799 EH

1 (6) $10,000,000 for victim services programs

2 for victims of trafficking, as authorized by section

3 107(b)(2) of Public Law 106–386;

4 (7) $70,000,000 for grants for residential sub5 stance abuse treatment for State prisoners, as au6 thorized by part S of the 1968 Act;

7 (8) $892,000 for the Missing Alzheimer’s Dis8 ease Patient Alert Program, as authorized by section

9 240001(c) of the 1994 Act;

10 (9) $55,000,000 for Drug Courts, as authorized

11 by Part EE of title I of the 1968 Act;

12 (10) $1,487,000 for Law Enforcement Family

13 Support Programs, as authorized by section

14 1001(a)(21) of the 1968 Act;

15 (11) $1,982,000 for public awareness programs

16 addressing marketing scams aimed at senior citi17 zens, as authorized by section 250005(3) of the

18 1994 Act;

19 (12) $10,000,000 for a prescription drug moni20 toring program;

21 (13) $60,000,000 for implementation of prison

22 rape prevention and prosecution programs; and

23 (14) $1,000,000 for a State and local law en24 forcement hate crimes training and technical assist25 ance program:
28

•HR 2799 EH

1 Provided further, That funds made available in fiscal year

2 2004 under subpart 1 of part E of title I of the 1968

3 Act may be obligated for programs to assist States in the

4 litigation processing of death penalty Federal habeas cor5 pus petitions and for drug testing initiatives: Provided fur6 ther, That, if a unit of local government uses any of the

7 funds made available under this title to increase the num8 ber of law enforcement officers, the unit of local govern9 ment will achieve a net gain in the number of law enforce10 ment officers who perform nonadministrative public safety

11 service.

12 WEED AND SEED PROGRAM FUND

13 For necessary expenses to implement ‘‘Weed and

14 Seed’’ program activities, $51,811,000, to remain avail15 able until expended, for inter-governmental agreements,

16 including grants, cooperative agreements, and contracts,

17 with State and local law enforcement agencies, non-profit

18 organizations, and agencies of local government engaged

19 in the investigation and prosecution of violent crimes and

20 drug offenses in ‘‘Weed and Seed’’ designated commu21 nities, and for either reimbursements or transfers to ap22 propriation accounts of the Department of Justice and

23 other Federal agencies which shall be specified by the At24 torney General to execute the ‘‘Weed and Seed’’ program

25 strategy: Provided, That funds designated by Congress

26 through language for other Department of Justice appro-
29

•HR 2799 EH

1 priation accounts for ‘‘Weed and Seed’’ program activities

2 shall be managed and executed by the Attorney General

3 through the Executive Office for Weed and Seed: Provided

4 further, That the Attorney General may direct the use of

5 other Department of Justice funds and personnel in sup6 port of ‘‘Weed and Seed’’ program activities only after the

7 Attorney General notifies the Committees on Appropria8 tions of the House of Representatives and the Senate in

9 accordance with section 605 of this Act.

10 COMMUNITY ORIENTED POLICING SERVICES

11 For activities authorized by the Violent Crime Con12 trol and Law Enforcement Act of 1994 (Public Law 103–

13 322) (including administrative costs), $682,993,000, to

14 remain available until expended: Provided, That funds

15 that become available as a result of deobligations from

16 prior year balances may not be obligated except in accord17 ance with section 605 of this Act: Provided further, That

18 section 1703(b) and (c) of the Omnibus Crime Control and

19 Safe Streets Act of 1968 (‘‘the 1968 Act’’) shall not apply

20 to non-hiring grants made pursuant to part Q of title I

21 thereof (42 U.S.C. 3796dd et seq.).

22 Of the amounts provided—

23 (1) $20,662,000 for community policing train24 ing and technical assistance;
30

•HR 2799 EH

1 (2) $25,000,000 for the matching grant pro2 gram for Law Enforcement Armor Vests pursuant

3 to section 2501 of part Y of the 1968 Act;

4 (3) $30,000,000 to improve tribal law enforce5 ment including equipment and training;

6 (4) $60,000,000 for policing initiatives to com7 bat methamphetamine production and trafficking

8 and to enhance policing initiatives in ‘‘drug hot

9 spots’’;

10 (5) $28,315,000 for Police Corps education and

11 training: Provided, That the out-year program costs

12 of new recruits shall be fully funded from funds cur13 rently available;

14 (6) $100,000,000 for a law enforcement tech15 nology program;

16 (7) $56,924,000 for grants to upgrade criminal

17 records, as authorized under the Crime Identifica18 tion Technology Act of 1998 (42 U.S.C. 14601);

19 (8) $174,353,000 for a DNA analysis and

20 backlog reduction formula program, of which—

21 (A) not less than $35,000,000 shall be for

22 increasing State and local DNA laboratory ca23 pacity; and
31

•HR 2799 EH

1 (B) $10,000,000 shall be for discretionary

2 research, demonstration, evaluation, statistics,

3 technical assistance and training;

4 (9) $5,000,000 for Paul Coverdell Forensic

5 Sciences Improvement Grants under part BB of title

6 I of the 1968 Act (42 U.S.C. 3797j et seq.);

7 (10) $40,000,000 for the Southwest Border

8 Prosecutor Initiative to reimburse State, county,

9 parish, tribal, or municipal governments only for

10 costs associated with the prosecution of criminal

11 cases declined by local United States Attorneys of12 fices;

13 (11) $13,504,000 for an offender re-entry pro14 gram, as authorized by Public Law 107–273;

15 (12) $17,000,000 for a police integrity pro16 gram;

17 (13) $45,000,000 for Project Safe Neighbor18 hoods to reduce gun violence, and gang and drug-re19 lated crime;

20 (14) $41,105,000 shall be available to the

21 United States Marshals Service, of which—

22 (A) $28,519,000 shall be for the District

23 of Columbia Superior Court Office; and
32

•HR 2799 EH

1 (B) $12,586,000 shall be for fugitive ap2 prehension task forces with State and local law

3 enforcement; and

4 (15) not to exceed $26,130,000 for program

5 management and administration.

6 VIOLENCE AGAINST WOMEN PREVENTION AND

7 PROSECUTION PROGRAMS

8 For grants, contracts, cooperative agreements, and

9 other assistance for the prevention and prosecution of vio10 lence against women as authorized by the Omnibus Crime

11 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’);

12 the Violent Crime Control and Law Enforcement Act of

13 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Vic14 tims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the

15 Prosecutorial Remedies and Other Tools to end the Ex16 ploitation of Children Today Act of 2003 (Public Law

17 108–21); and the Victims of Trafficking and Violence Pro18 tection Act of 2000 (Public Law 106–386); $387,629,000

19 (including amounts for administrative costs, which shall

20 be transferred to and merged with the ‘‘General Adminis21 tration’’ account), to remain available until expended.

22 Of the amount provided—

23 (1) $11,897,000 for the court appointed special

24 advocate program, as authorized by section 217 of

25 the 1990 Act;
33

•HR 2799 EH

1 (2) $2,281,000 for child abuse training pro2 grams for judicial personnel and practitioners, as

3 authorized by section 222 of the 1990 Act;

4 (3) $994,000 for grants for televised testimony,

5 as authorized by part N of the 1968 Act;

6 (4) $183,334,000 for grants to combat violence

7 against women, as authorized by part T of the 1968

8 Act, of which—

9 (A) $5,200,000 shall be for the National

10 Institute of Justice for research and evaluation

11 of violence against women;

12 (B) $10,000,000 shall be for the Office of

13 Juvenile Justice and Delinquency Prevention

14 for the Safe Start Program, as authorized by

15 the Juvenile Justice and Delinquency Act of

16 1974; and

17 (C) $15,000,000 shall be for transitional

18 housing assistance grants for victims of domes19 tic violence, stalking or sexual assault as au20 thorized by Public Law 108–21;

21 (5) $64,503,000 for grants to encourage arrest

22 policies as authorized by part U of the 1968 Act;

23 (6) $39,685,000 for rural domestic violence and

24 child abuse enforcement assistance grants, as au25 thorized by section 40295 of the 1994 Act;
34

•HR 2799 EH

1 (7) $4,957,000 for training programs as au2 thorized by section 40152 of the 1994 Act, and for

3 related local demonstration projects;

4 (8) $2,981,000 for grants to improve the stalk5 ing and domestic violence databases, as authorized

6 by section 40602 of the 1994 Act;

7 (9) $9,935,000 to reduce violent crimes against

8 women on campus, as authorized by section 1108(a)

9 of Public Law 106–386;

10 (10) $39,740,000 for legal assistance for vic11 tims, as authorized by section 1201 of Public Law

12 106–386;

13 (11) $4,968,000 for enhancing protection for

14 older and disabled women from domestic violence

15 and sexual assault as authorized by section 40802 of

16 the 1994 Act;

17 (12) $14,903,000 for the safe havens for chil18 dren pilot program as authorized by section 1301 of

19 Public Law 106–386; and

20 (13) $7,451,000 for education and training to

21 end violence against and abuse of women with dis22 abilities, as authorized by section 1402 of Public

23 Law 106–386.

24 JUVENILE JUSTICE PROGRAMS

25 For grants, contracts, cooperative agreements, and

26 other assistance authorized by the Juvenile Justice and
35

•HR 2799 EH

1 Delinquency Prevention Act of 1974 (‘‘the Act’’), and

2 other juvenile justice programs, including salaries and ex3 penses in connection therewith to be transferred to and

4 merged with the appropriations for Justice Assistance,

5 $462,282,000, to remain available until expended, as fol6 lows:

7 (1) $7,000,000 for concentration of Federal ef8 forts, as authorized by section 204 of the Act;

9 (2) $90,000,000 for State and local programs

10 authorized by section 221 of the Act, including

11 training and technical assistance to assist small,

12 non-profit organizations with the Federal grants

13 process;

14 (3) $40,000,000 for juvenile delinquency pre15 vention block grants, as authorized by section 241 of

16 the Act;

17 (4) $7,000,000 for research, evaluation, train18 ing and technical assistance, as authorized by sec19 tions 251 and 252 of the Act;

20 (5) $50,000,000 for demonstration projects as

21 authorized by sections 261 and 262 of the Act;

22 (6) $92,282,000 for delinquency prevention, as

23 authorized by section 505 of the Act, of which—

24 (A) $12,500,000 shall be for the Tribal

25 Youth program;
36

•HR 2799 EH

1 (B) $20,000,000 shall be for a gang resist2 ance education and training program to be co3 ordinated with the Bureau of Alcohol, Tobacco,

4 Firearms, and Explosives; and

5 (C) $25,000,000 shall be for grants of

6 $360,000 to each State and $6,640,000 shall be

7 available for discretionary grants to States, for

8 programs and activities to enforce State laws

9 prohibiting the sale of alcoholic beverages to

10 minors or the purchase or consumption of alco11 holic beverages by minors, prevention and re12 duction of consumption of alcoholic beverages

13 by minors, and for technical assistance and

14 training;

15 (7) $25,000,000 for Project Childsafe;

16 (8) $20,000,000 for the Secure Our Schools

17 Act as authorized by Public Law 106–386;

18 (9) $20,000,000 for Project Sentry to reduce

19 youth gun violence, and gang and drug-related

20 crime;

21 (10) $11,000,000 for programs authorized by

22 the Victims of Child Abuse Act of 1990; and

23 (11) $100,000,000 for the Juvenile Account24 ability Block Grants program as authorized by Pub-
37

•HR 2799 EH

1 lic Law 107–273 and Guam shall be considered a

2 State.

3 PUBLIC SAFETY OFFICERS BENEFITS

4 To remain available until expended, for payments au5 thorized by part L of title I of the Omnibus Crime Control

6 and Safe Streets Act of 1968 (42 U.S.C. 3796), such sums

7 as are necessary, as authorized by section 6093 of Public

8 Law 100–690 (102 Stat. 4339–4340); $4,000,000, to re9 main available until expended for payments as authorized

10 by section 1201(b) of said Act and $3,500,000 for edu11 cation assistance, as authorized by section 1212 of said

12 Act.

13 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

14 SEC. 101. In addition to amounts otherwise made

15 available in this title for official reception and representa16 tion expenses, a total of not to exceed $45,000 from funds

17 appropriated to the Department of Justice in this title

18 shall be available to the Attorney General for official re19 ception and representation expenses.

20 SEC. 102. None of the funds appropriated by this

21 title shall be available to pay for an abortion, except where

22 the life of the mother would be endangered if the fetus

23 were carried to term, or in the case of rape: Provided,

24 That should this prohibition be declared unconstitutional

25 by a court of competent jurisdiction, this section shall be

26 null and void.
38

•HR 2799 EH

1 SEC. 103. None of the funds appropriated under this

2 title shall be used to require any person to perform, or

3 facilitate in any way the performance of, any abortion.

4 SEC. 104. Nothing in the preceding section shall re5 move the obligation of the Director of the Bureau of Pris6 ons to provide escort services necessary for a female in7 mate to receive such service outside the Federal facility:

8 Provided, That nothing in this section in any way dimin9 ishes the effect of section 103 intended to address the phil10 osophical beliefs of individual employees of the Bureau of

11 Prisons.

12 SEC. 105. Notwithstanding any other provision of

13 law, not to exceed $10,000,000 of the funds made avail14 able in this Act may be used to establish and publicize

15 a program under which publicly advertised, extraordinary

16 rewards may be paid, which shall not be subject to spend17 ing limitations contained in sections 3059 and 3072 of

18 title 18, United States Code: Provided, That any reward

19 of $100,000 or more, up to a maximum of $2,000,000,

20 may not be made without the personal approval of the

21 President or the Attorney General and such approval may

22 not be delegated: Provided further, That rewards made

23 pursuant to section 501 of Public Law 107–56 shall not

24 be subject to this section.
39

•HR 2799 EH

1 SEC. 106. Not to exceed 5 percent of any appropria2 tion made available for the current fiscal year for the De3 partment of Justice in this Act may be transferred be4 tween such appropriations, but no such appropriation, ex5 cept as otherwise specifically provided, shall be increased

6 by more than 10 percent by any such transfers: Provided,

7 That any transfer pursuant to this section shall be treated

8 as a reprogramming of funds under section 605 of this

9 Act and shall not be available for obligation except in com10 pliance with the procedures set forth in that section.

11 SEC. 107. Section 114 of Public Law 107–77 shall

12 remain in effect during fiscal year 2004.

13 SEC. 108. Authorities contained in the 21st Century

14 Department of Justice Appropriations Authorization Act

15 (Public Law 107–273) shall remain in effect until the ef16 fective date of a subsequent Department of Justice appro17 priations authorization Act.

18 This title may be cited as the ‘‘Department of Justice

19 Appropriations Act, 2004’’.
40

•HR 2799 EH

1 TITLE II—DEPARTMENT OF COMMERCE AND

2 RELATED AGENCIES

3 TRADE AND INFRASTRUCTURE DEVELOPMENT

4 RELATED AGENCIES

5 OFFICE OF THE UNITED STATES TRADE

6 REPRESENTATIVE

7 SALARIES AND EXPENSES

8 For necessary expenses of the Office of the United

9 States Trade Representative, including the hire of pas10 senger motor vehicles and the employment of experts and

11 consultants as authorized by 5 U.S.C. 3109, $41,994,000,

12 of which $1,000,000 shall remain available until expended:

13 Provided, That not to exceed $124,000 shall be available

14 for official reception and representation expenses: Pro15 vided further, That not less than $2,000,000 provided

16 under this heading shall be for expenses authorized by 19

17 U.S.C. 2451 and 1677b(c).

18 INTERNATIONAL TRADE COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the International Trade

21 Commission, including hire of passenger motor vehicles,

22 and services as authorized by 5 U.S.C. 3109, and not to

23 exceed $2,500 for official reception and representation ex24 penses, $57,000,000, to remain available until expended.
41

•HR 2799 EH

1 DEPARTMENT OF COMMERCE

2 INTERNATIONAL TRADE ADMINISTRATION

3 OPERATIONS AND ADMINISTRATION

4 For necessary expenses for international trade activi5 ties of the Department of Commerce provided for by law,

6 and for engaging in trade promotional activities abroad,

7 including expenses of grants and cooperative agreements

8 for the purpose of promoting exports of United States

9 firms, without regard to 44 U.S.C. 3702 and 3703; full

10 medical coverage for dependent members of immediate

11 families of employees stationed overseas and employees

12 temporarily posted overseas; travel and transportation of

13 employees of the United States and Foreign Commercial

14 Service between two points abroad, without regard to 49

15 U.S.C. 40118; employment of Americans and aliens by

16 contract for services; rental of space abroad for periods

17 not exceeding 10 years, and expenses of alteration, repair,

18 or improvement; purchase or construction of temporary

19 demountable exhibition structures for use abroad; pay20 ment of tort claims, in the manner authorized in the first

21 paragraph of 28 U.S.C. 2672 when such claims arise in

22 foreign countries; not to exceed $327,000 for official rep23 resentation expenses abroad; purchase of passenger motor

24 vehicles for official use abroad, not to exceed $30,000 per

25 vehicle; obtaining insurance on official motor vehicles; and
42

•HR 2799 EH

1 rental of tie lines, $395,123,000, to remain available until

2 expended, of which $13,000,000 is to be derived from fees

3 to be retained and used by the International Trade Admin4 istration, notwithstanding 31 U.S.C. 3302: Provided, That

5 $46,669,000 shall be for Manufacturing and Services;

6 $38,204,000 shall be for Market Access and Compliance;

7 $68,160,000 shall be for the Import Administration of

8 which $3,000,000 is to establish an Office of China Com9 pliance; $217,040,000 shall be for the United States and

10 Foreign Commercial Service of which $1,500,000 is for

11 the Advocacy Center, $2,500,000 is for the Trade Infor12 mation Center, and $2,100,000 is for a China and Middle

13 East Business Center; and $25,050,000 shall be for Exec14 utive Direction and Administration: Provided further, That

15 the provisions of the first sentence of section 105(f) and

16 all of section 108(c) of the Mutual Educational and Cul17 tural Exchange Act of 1961 (22 U.S.C. 2455(f) and

18 2458(c)) shall apply in carrying out these activities with19 out regard to section 5412 of the Omnibus Trade and

20 Competitiveness Act of 1988 (15 U.S.C. 4912); and that

21 for the purpose of this Act, contributions under the provi22 sions of the Mutual Educational and Cultural Exchange

23 Act of 1961 shall include payment for assessments for

24 services provided as part of these activities.
43

•HR 2799 EH

1 BUREAU OF INDUSTRY AND SECURITY

2 OPERATIONS AND ADMINISTRATION

3 For necessary expenses for export administration and

4 national security activities of the Department of Com5 merce, including costs associated with the performance of

6 export administration field activities both domestically and

7 abroad; full medical coverage for dependent members of

8 immediate families of employees stationed overseas; em9 ployment of Americans and aliens by contract for services

10 abroad; payment of tort claims, in the manner authorized

11 in the first paragraph of 28 U.S.C. 2672 when such claims

12 arise in foreign countries; not to exceed $15,000 for offi13 cial representation expenses abroad; awards of compensa14 tion to informers under the Export Administration Act of

15 1979, and as authorized by 22 U.S.C. 401(b); and pur16 chase of passenger motor vehicles for official use and

17 motor vehicles for law enforcement use with special re18 quirement vehicles eligible for purchase without regard to

19 any price limitation otherwise established by law,

20 $68,203,000, to remain available until September 30,

21 2005, of which $7,203,000 shall be for inspections and

22 other activities related to national security: Provided, That

23 the provisions of the first sentence of section 105(f) and

24 all of section 108(c) of the Mutual Educational and Cul25 tural Exchange Act of 1961 (22 U.S.C. 2455(f) and
44

•HR 2799 EH

1 2458(c)) shall apply in carrying out these activities: Pro2 vided further, That payments and contributions collected

3 and accepted for materials or services provided as part of

4 such activities may be retained for use in covering the cost

5 of such activities, and for providing information to the

6 public with respect to the export administration and na7 tional security activities of the Department of Commerce

8 and other export control programs of the United States

9 and other governments.

10 ECONOMIC DEVELOPMENT ADMINISTRATION

11 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

12 For grants for economic development assistance as

13 provided by the Public Works and Economic Development

14 Act of 1965, and for trade adjustment assistance,

15 $288,115,000, to remain available until expended.

16 SALARIES AND EXPENSES

17 For necessary expenses of administering the eco18 nomic development assistance programs as provided for by

19 law, $30,565,000: Provided, That these funds may be used

20 to monitor projects approved pursuant to title I of the

21 Public Works Employment Act of 1976, title II of the

22 Trade Act of 1974, and the Community Emergency

23 Drought Relief Act of 1977.
45

•HR 2799 EH

1 MINORITY BUSINESS DEVELOPMENT AGENCY

2 MINORITY BUSINESS DEVELOPMENT

3 For necessary expenses of the Department of Com4 merce in fostering, promoting, and developing minority

5 business enterprise, including expenses of grants, con6 tracts, and other agreements with public or private organi7 zations, $29,000,000.

8 ECONOMIC AND INFORMATION INFRASTRUCTURE

9 ECONOMIC AND STATISTICAL ANALYSIS

10 SALARIES AND EXPENSES

11 For necessary expenses, as authorized by law, of eco12 nomic and statistical analysis programs of the Department

13 of Commerce, $75,000,000, to remain available until Sep14 tember 30, 2005.

15 BUREAU OF THE CENSUS

16 SALARIES AND EXPENSES

17 For expenses necessary for collecting, compiling, ana18 lyzing, preparing, and publishing statistics, provided for

19 by law, $220,908,000.

20 PERIODIC CENSUSES AND PROGRAMS

21 For necessary expenses related to the 2010 decennial

22 census, $260,200,000, to remain available until September

23 30, 2005: Provided, That, of the total amount available

24 related to the 2010 decennial census, $112,090,000 is for

25 the Re-engineered Design Process for the Short-Form

26 Only Census, $64,800,000 is for the American Community
46

•HR 2799 EH

1 Survey, and $83,310,000 is for the Master Address File/

2 Topologically Integrated Geographic Encoding and Ref3 erencing (MAF/TIGER) system.

4 In addition, for expenses to collect and publish statis5 tics for other periodic censuses and programs provided for

6 by law, $180,853,000, to remain available until September

7 30, 2005, of which $80,082,000 is for economic statistics

8 programs and $100,771,000 is for demographic statistics

9 programs: Provided, That regarding engineering and de10 sign of a facility at the Suitland Federal Center, quarterly

11 reports regarding the expenditure of funds and project

12 planning, design and cost decisions shall be provided by

13 the Bureau, in cooperation with the General Services Ad14 ministration, to the Committees on Appropriations of the

15 Senate and the House of Representatives: Provided fur16 ther, That none of the funds provided in this or any other

17 Act under the heading ‘‘Bureau of the Census, Periodic

18 Censuses and Programs’’ shall be used to fund the con19 struction and tenant build-out costs of a facility at the

20 Suitland Federal Center.

21 NATIONAL TELECOMMUNICATIONS AND INFORMATION

22 ADMINISTRATION

23 SALARIES AND EXPENSES

24 For necessary expenses, as provided for by law, of

25 the National Telecommunications and Information Ad-
47

•HR 2799 EH

1 ministration (NTIA), $14,604,000: Provided, That, not2 withstanding 31 U.S.C. 1535(d), the Secretary of Com3 merce shall charge Federal agencies for costs incurred in

4 spectrum management, analysis, and operations, and re5 lated services and such fees shall be retained and used

6 as offsetting collections for costs of such spectrum serv7 ices, to remain available until expended: Provided further,

8 That the Secretary of Commerce is authorized to retain

9 and use as offsetting collections all funds transferred, or

10 previously transferred, from other Government agencies

11 for all costs incurred in telecommunications research, en12 gineering, and related activities by the Institute for Tele13 communication Sciences of NTIA, in furtherance of its as14 signed functions under this paragraph, and such funds re15 ceived from other Government agencies shall remain avail16 able until expended.

17 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

18 AND CONSTRUCTION

19 For the administration of grants authorized by sec20 tion 392 of the Communications Act of 1934, $2,538,000,

21 as authorized by section 391 of the Act: Provided, That,

22 notwithstanding section 391 of the Act, the prior year un23 obligated balances may be made available for grants for

24 projects for which applications have been submitted and

25 approved during any fiscal year.
48

•HR 2799 EH

1 INFORMATION INFRASTRUCTURE GRANTS

2 For grants authorized by section 392 of the Commu3 nications Act of 1934, $15,402,000, to remain available

4 until expended as authorized by section 391 of the Act:

5 Provided, That not to exceed $3,097,000 shall be available

6 for program administration and other support activities

7 as authorized by section 391: Provided further, That, of

8 the funds appropriated herein, not to exceed 5 percent

9 may be available for telecommunications research activi10 ties for projects related directly to the development of a

11 national information infrastructure: Provided further,

12 That, notwithstanding the requirements of sections 392(a)

13 and 392(c) of the Act, these funds may be used for the

14 planning and construction of telecommunications networks

15 for the provision of educational, cultural, health care, pub16 lic information, public safety, or other social services: Pro17 vided further, That, notwithstanding any other provision

18 of law, no entity that receives telecommunications services

19 at preferential rates under section 254(h) of the Act (47

20 U.S.C. 254(h)) or receives assistance under the regional

21 information sharing systems grant program of the Depart22 ment of Justice under part M of title I of the Omnibus

23 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

24 3796h) may use funds under a grant under this heading

25 to cover any costs of the entity that would otherwise be
49

•HR 2799 EH

1 covered by such preferential rates or such assistance, as

2 the case may be.

3 UNITED STATES PATENT AND TRADEMARK OFFICE

4 SALARIES AND EXPENSES

5 For necessary expenses of the United States Patent

6 and Trademark Office provided for by law, including de7 fense of suits instituted against the Under Secretary of

8 Commerce for Intellectual Property and Director of the

9 United States Patent and Trademark Office,

10 $1,138,700,000, to remain available until expended, which

11 amount shall be derived from offsetting collections as12 sessed and collected pursuant to 15 U.S.C. 1113 and 35

13 U.S.C. 41 and 376, and shall be retained and used for

14 necessary expenses in this appropriation: Provided, That

15 the sum herein appropriated from the general fund shall

16 be reduced as such offsetting collections are received dur17 ing fiscal year 2004, so as to result in a fiscal year 2004

18 appropriation from the general fund estimated at $0: Pro19 vided further, That during fiscal year 2004, should the

20 total amount of offsetting fee collections be less than

21 $1,138,700,000, the total amounts available to the United

22 States Patent and Trademark Office shall be reduced ac23 cordingly: Provided further, That an additional amount not

24 to exceed $100,000,000 from fees collected in prior fiscal

25 years shall be available for obligation in fiscal year 2004,
50

•HR 2799 EH

1 to remain available until expended: Provided further, That

2 from amounts provided herein, not to exceed $1,000 shall

3 be made available in fiscal year 2004 for official reception

4 and representation expenses.

5 SCIENCE AND TECHNOLOGY

6 TECHNOLOGY ADMINISTRATION

7 SALARIES AND EXPENSES

8 For necessary expenses for the Under Secretary for

9 Technology Office of Technology Policy, $7,822,000.

10 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

11 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

12 For necessary expenses of the National Institute of

13 Standards and Technology, $357,862,000, to remain

14 available until expended, of which not to exceed $282,000

15 may be transferred to the ‘‘Working Capital Fund’’.

16 INDUSTRIAL TECHNOLOGY SERVICES

17 For necessary expenses of the Manufacturing Exten18 sion Partnership of the National Institute of Standards

19 and Technology, $39,607,000, to remain available until

20 expended.

21 CONSTRUCTION OF RESEARCH FACILITIES

22 For construction of new research facilities, including

23 architectural and engineering design, and for renovation

24 and maintenance of existing facilities, not otherwise pro25 vided for the National Institute of Standards and Tech-
51

•HR 2799 EH

1 nology, as authorized by 15 U.S.C. 278c–278e,

2 $62,590,000, to remain available until expended.

3 NATIONAL OCEANIC AND ATMOSPHERIC

4 ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses of activities authorized by law

8 for the National Oceanic and Atmospheric Administration,

9 including maintenance, operation, and hire of aircraft;

10 grants, contracts, or other payments to nonprofit organi11 zations for the purposes of conducting activities pursuant

12 to cooperative agreements; and relocation of facilities as

13 authorized, $2,180,454,000: Provided, That fees and do14 nations received by the National Ocean Service for the

15 management of the national marine sanctuaries may be

16 retained and used for the salaries and expenses associated

17 with those activities, notwithstanding 31 U.S.C. 3302:

18 Provided further, That, in addition, $79,251,000 shall be

19 derived by transfer from the fund entitled ‘‘Promote and

20 Develop Fishery Products and Research Pertaining to

21 American Fisheries’’: Provided further, That, of the

22 $2,276,705,000 provided for in direct obligations under

23 this heading (of which $2,180,454,000 is appropriated

24 from the General Fund, $79,251,000 is provided by trans25 fer, and $17,000,000 is derived from deobligations from

26 prior years), $363,239,000 shall be for the National
52

•HR 2799 EH

1 Ocean Service, $545,072,000 shall be for the National

2 Marine Fisheries Service, $306,443,000 shall be for Oce3 anic and Atmospheric Research, $713,773,000 shall be for

4 the National Weather Service, $146,334,000 shall be for

5 the National Environmental Satellite, Data, and Informa6 tion Service, and $201,844,000 shall be for Program Sup7 port: Provided further, That no general administrative

8 charge shall be applied against an assigned activity in9 cluded in this Act and, further, that any direct administra10 tive expenses applied against an assigned activity shall be

11 limited to 5 percent of the funds provided for that as12 signed activity so that total National Oceanic and Atmos13 pheric Administration administrative expenses shall not

14 exceed $243,000,000: Provided further, That any use of

15 deobligated balances of funds provided under this heading

16 in previous years shall be subject to the procedures set

17 forth in section 605 of this Act: Provided further, That

18 none of the funds under this heading are available to alter

19 the existing structure, organization, function, and funding

20 of the National Marine Fisheries Service Southwest Re21 gion and Fisheries Science Center and Northwest Region

22 and Fisheries Science Center: Provided further, That fund23 ing provided under this heading for ocean and coastal ob24 serving system grants shall require an equal match from

25 other non-Federal sources: Provided further, That, here-
53

•HR 2799 EH

1 after, the Secretary of Commerce may enter into coopera2 tive agreements with the Joint and Cooperative Institutes

3 as designated by the Secretary to use the personnel, serv4 ices, or facilities of such organizations for research, edu5 cation, training, and outreach.

6 In addition, for necessary retired pay expenses under

7 the Retired Serviceman’s Family Protection and Survivor

8 Benefits Plan, and for payments for medical care of re9 tired personnel and their dependents under the Depend10 ents Medical Care Act (10 U.S.C. ch. 55), such sums as

11 may be necessary.

12 PROCUREMENT, ACQUISITION AND CONSTRUCTION

13 For procurement, acquisition and construction of

14 capital assets, including alteration and modification costs,

15 of the National Oceanic and Atmospheric Administration,

16 $794,059,000, to remain available until September 30,

17 2006, except for funds appropriated for the National Ma18 rine Fisheries Service Honolulu Laboratory and for the

19 National Environmental Satellites, Data, and Information

20 Service, which shall remain available until expended: Pro21 vided, That of the amounts provided for the National

22 Polar-orbiting Operational Environmental Satellite Sys23 tem, funds shall only be made available on a dollar for

24 dollar matching basis with funds provided for the same

25 purpose by the Department of Defense: Provided further,

26 That none of the funds provided in this Act or any other
54

•HR 2799 EH

1 Act under the heading ‘‘National Oceanic and Atmos2 pheric Administration, Procurement, Acquisition and Con3 struction’’ shall be used to fund the General Services Ad4 ministration’s standard construction and tenant build-out

5 costs of a facility at the Suitland Federal Center.

6 PACIFIC COASTAL SALMON RECOVERY

7 For necessary expenses associated with the restora8 tion of Pacific salmon populations, $90,000,000.

9 FISHERIES FINANCE PROGRAM ACCOUNT

10 Funds provided under this heading for the costs of

11 direct loans authorized by the Merchant Marine Act of

12 1936, including the cost of modifying such loans, shall be

13 as defined in section 502 of the Congressional Budget Act

14 of 1974: Provided, That these funds are available to sub15 sidize gross obligations for the principal amount of direct

16 loans not to exceed $59,000,000 only to finance fishing

17 capacity reduction programs, individual fishing quotas, re18 conditioning of fishing vessels for the purpose of reducing

19 bycatch or reducing capacity in an overfished or over-cap20 italized fishery, and the purchase of assets sold at fore21 closure instituted by the Secretary of Commerce: Provided

22 further, That none of the funds made available under this

23 heading may be used for direct loans for any new fishing

24 vessel that will increase the harvesting capacity in any

25 United States fishery.
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1 DEPARTMENTAL MANAGEMENT

2 SALARIES AND EXPENSES

3 For expenses necessary for the departmental manage4 ment of the Department of Commerce provided for by law,

5 including not to exceed $5,000 for official entertainment,

6 $44,662,000: Provided, That not to exceed 11 full-time

7 equivalents and $1,621,000 shall be expended for the leg8 islative affairs function of the Department.

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector

11 General in carrying out the provisions of the Inspector

12 General Act of 1978 (5 U.S.C. App.), $22,000,000.

13 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

14 SEC. 201. During the current fiscal year, applicable

15 appropriations and funds made available to the Depart16 ment of Commerce by this Act shall be available for the

17 activities specified in the Act of October 26, 1949 (15

18 U.S.C. 1514), to the extent and in the manner prescribed

19 by the Act, and, notwithstanding 31 U.S.C. 3324, may

20 be used for advanced payments not otherwise authorized

21 only upon the certification of officials designated by the

22 Secretary of Commerce that such payments are in the

23 public interest.

24 SEC. 202. During the current fiscal year, appropria25 tions made available to the Department of Commerce by

26 this Act for salaries and expenses shall be available for
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•HR 2799 EH

1 hire of passenger motor vehicles as authorized by 31

2 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C.

3 3109; and uniforms or allowances therefore, as authorized

4 by law (5 U.S.C. 5901–5902).

5 SEC. 203. Hereafter, none of the funds made avail6 able by this or any other Act for the National Oceanic

7 and Atmospheric Administration may be used to support

8 the hurricane reconnaissance aircraft and activities that

9 are under the control of the United States Air Force or

10 the United States Air Force Reserve.

11 SEC. 204. Not to exceed 5 percent of any appropria12 tion made available for the current fiscal year for the De13 partment of Commerce in this Act may be transferred be14 tween such appropriations, but no such appropriation shall

15 be increased by more than 10 percent by any such trans16 fers: Provided, That any transfer pursuant to this section

17 shall be treated as a reprogramming of funds under sec18 tion 605 of this Act and shall not be available for obliga19 tion or expenditure except in compliance with the proce20 dures set forth in that section: Provided further, That the

21 Secretary of Commerce shall notify the Committees on Ap22 propriations at least 15 days in advance of the acquisition

23 or disposal of any capital asset (including land, structures,

24 and equipment) not specifically provided for in this or any
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•HR 2799 EH

1 other Departments of Commerce, Justice, and State, the

2 Judiciary, and Related Agencies Appropriations Act.

3 SEC. 205. Any costs incurred by a department or

4 agency funded under this title resulting from personnel

5 actions taken in response to funding reductions included

6 in this title or from actions taken for the care and protec7 tion of loan collateral or grant property shall be absorbed

8 within the total budgetary resources available to such de9 partment or agency: Provided, That the authority to trans10 fer funds between appropriations accounts as may be nec11 essary to carry out this section is provided in addition to

12 authorities included elsewhere in this Act: Provided fur13 ther, That use of funds to carry out this section shall be

14 treated as a reprogramming of funds under section 605

15 of this Act and shall not be available for obligation or ex16 penditure except in compliance with the procedures set

17 forth in that section.

18 SEC. 206. The Secretary of Commerce may use the

19 Commerce franchise fund for expenses and equipment nec20 essary for the maintenance and operation of such adminis21 trative services as the Secretary determines may be per22 formed more advantageously as central services, pursuant

23 to section 403 of Public Law 103–356: Provided, That any

24 inventories, equipment, and other assets pertaining to the

25 services to be provided by such fund, either on hand or
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•HR 2799 EH

1 on order, less the related liabilities or unpaid obligations,

2 and any appropriations made for the purpose of providing

3 capital shall be used to capitalize such fund: Provided fur4 ther, That such fund shall be paid in advance from funds

5 available to the Department of Commerce and other Fed6 eral agencies for which such centralized services are per7 formed, at rates which will return in full all expenses of

8 operation, including accrued leave, depreciation of fund

9 plant and equipment, amortization of automated data

10 processing (ADP) software and systems (either acquired

11 or donated), and an amount necessary to maintain a rea12 sonable operating reserve, as determined by the Secretary:

13 Provided further, That such fund shall provide services on

14 a competitive basis: Provided further, That an amount not

15 to exceed 4 percent of the total annual income to such

16 fund may be retained in the fund for fiscal year 2004 and

17 each fiscal year thereafter, to remain available until ex18 pended, to be used for the acquisition of capital equip19 ment, and for the improvement and implementation of de20 partment financial management, ADP, and other support

21 systems: Provided further, That such amounts retained in

22 the fund for fiscal year 2004 and each fiscal year there23 after shall be available for obligation and expenditure only

24 in accordance with section 605 of this Act: Provided fur25 ther, That no later than 30 days after the end of each
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•HR 2799 EH

1 fiscal year, amounts in excess of this reserve limitation

2 shall be deposited as miscellaneous receipts in the Treas3 ury: Provided further, That such franchise fund pilot pro4 gram shall terminate pursuant to section 403(f) of Public

5 Law 103–356.

6 This title may be cited as the ‘‘Department of Com7 merce and Related Agencies Appropriations Act, 2004’’.

8 TITLE III—THE JUDICIARY

9 SUPREME COURT OF THE UNITED STATES

10 SALARIES AND EXPENSES

11 For expenses necessary for the operation of the Su12 preme Court, as required by law, excluding care of the

13 building and grounds, including purchase or hire, driving,

14 maintenance, and operation of an automobile for the Chief

15 Justice, not to exceed $10,000 for the purpose of trans16 porting Associate Justices, and hire of passenger motor

17 vehicles as authorized by 31 U.S.C. 1343 and 1344; not

18 to exceed $10,000 for official reception and representation

19 expenses; and for miscellaneous expenses, to be expended

20 as the Chief Justice may approve, $55,360,000.

21 CARE OF THE BUILDING AND GROUNDS

22 For such expenditures as may be necessary to enable

23 the Architect of the Capitol to carry out the duties im24 posed upon the Architect as authorized by law,

25 $10,591,000, which shall remain available until expended.
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1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL

2 CIRCUIT

3 SALARIES AND EXPENSES

4 For salaries of the chief judge, judges, and other offi5 cers and employees, and for necessary expenses of the

6 court, as authorized by law, $20,665,000.

7 UNITED STATES COURT OF INTERNATIONAL TRADE

8 SALARIES AND EXPENSES

9 For salaries of the chief judge and eight judges, sala10 ries of the officers and employees of the court, services,

11 and necessary expenses of the court, as authorized by law,

12 $14,068,000.

13 COURTS OF APPEALS, DISTRICT COURTS, AND OTHER

14 JUDICIAL SERVICES

15 SALARIES AND EXPENSES

16 For the salaries of circuit and district judges (includ17 ing judges of the territorial courts of the United States),

18 justices and judges retired from office or from regular ac19 tive service, judges of the United States Court of Federal

20 Claims, bankruptcy judges, magistrate judges, and all

21 other officers and employees of the Federal Judiciary not

22 otherwise specifically provided for, and necessary expenses

23 of the courts, as authorized by law, $4,004,176,000 (in24 cluding the purchase of firearms and ammunition); of

25 which not to exceed $27,817,000 shall remain available
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•HR 2799 EH

1 until expended for space alteration projects and for fur2 niture and furnishings related to new space alteration and

3 construction projects.

4 In addition, for expenses of the United States Court

5 of Federal Claims associated with processing cases under

6 the National Childhood Vaccine Injury Act of 1986, not

7 to exceed $3,293,000, to be appropriated from the Vaccine

8 Injury Compensation Trust Fund.

9 DEFENDER SERVICES

10 For the operation of Federal Public Defender and

11 Community Defender organizations; the compensation and

12 reimbursement of expenses of attorneys appointed to rep13 resent persons under the Criminal Justice Act of 1964;

14 the compensation and reimbursement of expenses of per15 sons furnishing investigative, expert and other services

16 under the Criminal Justice Act of 1964 (18 U.S.C.

17 3006A(e)); the compensation (in accordance with Criminal

18 Justice Act maximums) and reimbursement of expenses

19 of attorneys appointed to assist the court in criminal cases

20 where the defendant has waived representation by counsel;

21 the compensation and reimbursement of travel expenses

22 of guardians ad litem acting on behalf of financially eligi23 ble minor or incompetent offenders in connection with

24 transfers from the United States to foreign countries with

25 which the United States has a treaty for the execution

26 of penal sentences; the compensation of attorneys ap-
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•HR 2799 EH

1 pointed to represent jurors in civil actions for the protec2 tion of their employment, as authorized by 28 U.S.C.

3 1875(d); and for necessary training and general adminis4 trative expenses, $613,948,000, to remain available until

5 expended.

6 FEES OF JURORS AND COMMISSIONERS

7 For fees and expenses of jurors as authorized by 28

8 U.S.C. 1871 and 1876; compensation of jury commis9 sioners as authorized by 28 U.S.C. 1863; and compensa10 tion of commissioners appointed in condemnation cases

11 pursuant to rule 71A(h) of the Federal Rules of Civil Pro12 cedure (28 U.S.C. Appendix Rule 71A(h)), $53,181,000,

13 to remain available until expended: Provided, That the

14 compensation of land commissioners shall not exceed the

15 daily equivalent of the highest rate payable under section

16 5332 of title 5, United States Code.

17 COURT SECURITY

18 For necessary expenses, not otherwise provided for,

19 incident to providing protective guard services for United

20 States courthouses and the procurement, installation, and

21 maintenance of security equipment for United States

22 courthouses and other facilities housing Federal court op23 erations, including building ingress-egress control, inspec24 tion of mail and packages, directed security patrols, and

25 other similar activities as authorized by section 1010 of

26 the Judicial Improvement and Access to Justice Act (Pub-
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•HR 2799 EH

1 lic Law 100–702), $288,941,000, of which not to exceed

2 $10,000,000 shall remain available until expended, to be

3 expended directly or transferred to the United States Mar4 shals Service, which shall be responsible for administering

5 the Judicial Facility Security Program consistent with

6 standards or guidelines agreed to by the Director of the

7 Administrative Office of the United States Courts and the

8 Attorney General.

9 ADMINISTRATIVE OFFICE OF THE UNITED STATES

10 COURTS

11 SALARIES AND EXPENSES

12 For necessary expenses of the Administrative Office

13 of the United States Courts as authorized by law, includ14 ing travel as authorized by 31 U.S.C. 1345, hire of a pas15 senger motor vehicle as authorized by 31 U.S.C. 1343(b),

16 advertising and rent in the District of Columbia and else17 where, $66,968,000, of which not to exceed $8,500 is au18 thorized for official reception and representation expenses.

19 FEDERAL JUDICIAL CENTER

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Judicial Cen22 ter, as authorized by Public Law 90–219, $21,440,000;

23 of which $1,800,000 shall remain available through Sep24 tember 30, 2005, to provide education and training to

25 Federal court personnel; and of which not to exceed
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1 $1,000 is authorized for official reception and representa2 tion expenses.

3 JUDICIAL RETIREMENT FUNDS

4 PAYMENT TO JUDICIARY TRUST FUNDS

5 For payment to the Judicial Officers’ Retirement

6 Fund, as authorized by 28 U.S.C. 377(o), $25,700,000;

7 to the Judicial Survivors’ Annuities Fund, as authorized

8 by 28 U.S.C. 376(c), $700,000; and to the United States

9 Court of Federal Claims Judges’ Retirement Fund, as au10 thorized by 28 U.S.C. 178(l), $2,600,000.

11 UNITED STATES SENTENCING COMMISSION

12 SALARIES AND EXPENSES

13 For the salaries and expenses necessary to carry out

14 the provisions of chapter 58 of title 28, United States

15 Code, $12,746,000, of which not to exceed $1,000 is au16 thorized for official reception and representation expenses.

17 GENERAL PROVISIONS—THE JUDICIARY

18 SEC. 301. Appropriations and authorizations made in

19 this title which are available for salaries and expenses shall

20 be available for services as authorized by 5 U.S.C. 3109.

21 SEC. 302. Not to exceed 5 percent of any appropria22 tion made available for the current fiscal year for the Judi23 ciary in this Act may be transferred between such appro24 priations, but no such appropriation, except ‘‘Courts of

25 Appeals, District Courts, and Other Judicial Services, De-
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•HR 2799 EH

1 fender Services’’ and ‘‘Courts of Appeals, District Courts,

2 and Other Judicial Services, Fees of Jurors and Commis3 sioners’’, shall be increased by more than 10 percent by

4 any such transfers: Provided, That any transfer pursuant

5 to this section shall be treated as a reprogramming of

6 funds under section 605 of this Act and shall not be avail7 able for obligation or expenditure except in compliance

8 with the procedures set forth in that section.

9 SEC. 303. Notwithstanding any other provision of

10 law, the salaries and expenses appropriation for district

11 courts, courts of appeals, and other judicial services shall

12 be available for official reception and representation ex13 penses of the Judicial Conference of the United States:

14 Provided, That such available funds shall not exceed

15 $11,000 and shall be administered by the Director of the

16 Administrative Office of the United States Courts in the

17 capacity as Secretary of the Judicial Conference.

18 SEC. 304. (a) The Supreme Court shall establish a

19 pilot program under which the Court may repay (by direct

20 payment on behalf of the employee) any student loan (up

21 to $6,000 per year) previously taken out by an employee

22 serving as a full-time judicial law clerk for the Court.

23 (b) The Court shall promulgate such regulations as

24 may be necessary to carry out such a program and notify
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1 the Committees on Appropriations of the regulations prior

2 to implementing the pilot program.

3 This title may be cited as the ‘‘Judiciary Appropria4 tions Act, 2004’’.

5 TITLE IV—DEPARTMENT OF STATE AND

6 RELATED AGENCY

7 DEPARTMENT OF STATE

8 ADMINISTRATION OF FOREIGN AFFAIRS

9 DIPLOMATIC AND CONSULAR PROGRAMS

10 For necessary expenses of the Department of State

11 and the Foreign Service not otherwise provided for, includ12 ing employment, without regard to civil service and classi13 fication laws, of persons on a temporary basis (not to ex14 ceed $700,000 of this appropriation), as authorized by

15 section 801 of the United States Information and Edu16 cational Exchange Act of 1948; representation to certain

17 international organizations in which the United States

18 participates pursuant to treaties ratified pursuant to the

19 advice and consent of the Senate or specific Acts of Con20 gress; arms control, nonproliferation and disarmament ac21 tivities as authorized; acquisition by exchange or purchase

22 of passenger motor vehicles as authorized by law; and for

23 expenses of general administration, $3,453,260,000: Pro24 vided, That not to exceed 69 permanent positions and

25 $7,311,000 shall be expended for the Bureau of Legisla-
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•HR 2799 EH

1 tive Affairs: Provided further, That, of the amount made

2 available under this heading, not to exceed $4,000,000

3 may be transferred to, and merged with, funds in the

4 ‘‘Emergencies in the Diplomatic and Consular Service’’

5 appropriations account, to be available only for emergency

6 evacuations and terrorism rewards: Provided further,

7 That, of the amount made available under this heading,

8 $301,563,000 shall be available only for public diplomacy

9 international information programs: Provided further,

10 That, of the amount made available under this heading,

11 not to exceed $48,000,000 shall be available for the Bu12 reau of International Organization Affairs: Provided fur13 ther, That of the amount made available under this head14 ing, $3,000,000 shall be available only for the establish15 ment and operations of an Office on Right-Sizing the

16 United States Government Overseas Presence: Provided

17 further, That funds available under this heading may be

18 available for a United States Government interagency task

19 force to examine, coordinate and oversee United States

20 participation in the United Nations headquarters renova21 tion project: Provided further, That no funds may be obli22 gated or expended for processing licenses for the export

23 of satellites of United States origin (including commercial

24 satellites and satellite components) to the People’s Repub25 lic of China unless, at least 15 days in advance, the Com-
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1 mittees on Appropriations of the House of Representatives

2 and the Senate are notified of such proposed action.

3 In addition, not to exceed $1,371,000 shall be derived

4 from fees collected from other executive agencies for lease

5 or use of facilities located at the International Center in

6 accordance with section 4 of the International Center Act;

7 in addition, as authorized by section 5 of such Act,

8 $490,000, to be derived from the reserve authorized by

9 that section, to be used for the purposes set out in that

10 section; in addition, as authorized by section 810 of the

11 United States Information and Educational Exchange

12 Act, not to exceed $6,000,000, to remain available until

13 expended, may be credited to this appropriation from fees

14 or other payments received from English teaching, library,

15 motion pictures, and publication programs and from fees

16 from educational advising and counseling and exchange

17 visitor programs; and, in addition, not to exceed $15,000,

18 which shall be derived from reimbursements, surcharges,

19 and fees for use of Blair House facilities.

20 In addition, for the costs of worldwide security up21 grades, $646,701,000, to remain available until expended.

22 CAPITAL INVESTMENT FUND

23 For necessary expenses of the Capital Investment

24 Fund, $142,000,000, to remain available until expended,

25 as authorized: Provided, That section 135(e) of Public

26 Law 103–236 shall not apply to funds available under this
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•HR 2799 EH

1 heading: Provided further, That, of the funds made avail2 able under this heading, $84,000,000 is for worldwide in3 frastructure replacement only, which amount shall not be4 come available for obligation until September 15, 2004.

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector

7 General, $29,777,000, notwithstanding section 209(a)(1)

8 of the Foreign Service Act of 1980 (Public Law 96–465),

9 as it relates to post inspections.

10 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

11 For expenses of educational and cultural exchange

12 programs, as authorized, $345,346,000, to remain avail13 able until expended: Provided, That not to exceed

14 $2,000,000, to remain available until expended, may be

15 credited to this appropriation from fees or other payments

16 received from or in connection with English teaching, edu17 cational advising and counseling programs, and exchange

18 visitor programs as authorized.

19 REPRESENTATION ALLOWANCES

20 For representation allowances as authorized,

21 $9,000,000.

22 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

23 For expenses, not otherwise provided, to enable the

24 Secretary of State to provide for extraordinary protective

25 services, as authorized, $10,000,000, to remain available

26 until September 30, 2005.
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1 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

2 For necessary expenses for carrying out the Foreign

3 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre4 serving, maintaining, repairing, and planning for buildings

5 that are owned or directly leased by the Department of

6 State, renovating, in addition to funds otherwise available,

7 the Harry S Truman Building, and carrying out the Dip8 lomatic Security Construction Program as authorized,

9 $532,935,000, to remain available until expended as au10 thorized, of which not to exceed $15,000 may be used for

11 domestic and overseas representation as authorized: Pro12 vided, That none of the funds appropriated in this para13 graph shall be available for acquisition of furniture, fur14 nishings, or generators for other departments and agen15 cies.

16 In addition, for the costs of worldwide security up17 grades, acquisition, and construction as authorized,

18 $861,400,000, to remain available until expended.

19 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

20 SERVICE

21 For expenses necessary to enable the Secretary of

22 State to meet unforeseen emergencies arising in the Diplo23 matic and Consular Service, $1,000,000, to remain avail24 able until expended as authorized, of which not to exceed

25 $1,000,000 may be transferred to and merged with the
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1 Repatriation Loans Program Account, subject to the same

2 terms and conditions.

3 REPATRIATION LOANS PROGRAM ACCOUNT

4 For the cost of direct loans, $612,000, as authorized:

5 Provided, That such costs, including the cost of modifying

6 such loans, shall be as defined in section 502 of the Con7 gressional Budget Act of 1974. In addition, for adminis8 trative expenses necessary to carry out the direct loan pro9 gram, $607,000, which may be transferred to and merged

10 with the Diplomatic and Consular Programs account

11 under Administration of Foreign Affairs.

12 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

13 For necessary expenses to carry out the Taiwan Rela14 tions Act (Public Law 96–8), $18,782,000.

15 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

16 DISABILITY FUND

17 For payment to the Foreign Service Retirement and

18 Disability Fund, as authorized by law, $134,979,000.

19 INTERNATIONAL ORGANIZATIONS

20 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

21 For expenses, not otherwise provided for, necessary

22 to meet annual obligations of membership in international

23 multilateral organizations, pursuant to treaties ratified

24 pursuant to the advice and consent of the Senate, conven25 tions or specific Acts of Congress, $1,010,463,000: Pro26 vided, That the Secretary of State shall notify the Com-
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•HR 2799 EH

1 mittees on Appropriations at least 15 days in advance (or

2 in an emergency, as far in advance as is practicable) of

3 any United Nations action to increase funding for any

4 United Nations program without identifying an offsetting

5 decrease elsewhere in the United Nations budget and

6 cause the United Nations to exceed the adopted budget

7 for the biennium 2002–2003 of $2,891,000,000: Provided

8 further, That any payment of arrearages under this title

9 shall be directed toward special activities that are mutually

10 agreed upon by the United States and the respective inter11 national organization: Provided further, That none of the

12 funds appropriated in this paragraph shall be available for

13 a United States contribution to an international organiza14 tion for the United States share of interest costs made

15 known to the United States Government by such organiza16 tion for loans incurred on or after October 1, 1984,

17 through external borrowings: Provided further, That funds

18 appropriated under this paragraph may be obligated and

19 expended to pay the full United States assessment to the

20 civil budget of the North Atlantic Treaty Organization.

21 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

22 ACTIVITIES

23 For necessary expenses to pay assessed and other ex24 penses of international peacekeeping activities directed to

25 the maintenance or restoration of international peace and

26 security, $550,200,000: Provided, That none of the funds
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•HR 2799 EH

1 made available under this Act shall be obligated or ex2 pended for any new or expanded United Nations peace3 keeping mission unless, at least 15 days in advance of vot4 ing for the new or expanded mission in the United Nations

5 Security Council (or in an emergency as far in advance

6 as is practicable): (1) the Committees on Appropriations

7 of the House of Representatives and the Senate and other

8 appropriate committees of the Congress are notified of the

9 estimated cost and length of the mission, the vital national

10 interest that will be served, and the planned exit strategy;

11 and (2) a reprogramming of funds pursuant to section 605

12 of this Act is submitted, and the procedures therein fol13 lowed, setting forth the source of funds that will be used

14 to pay for the cost of the new or expanded mission: Pro15 vided further, That funds shall be available for peace16 keeping expenses only upon a certification by the Sec17 retary of State to the appropriate committees of the Con18 gress that American manufacturers and suppliers are

19 being given opportunities to provide equipment, services,

20 and material for United Nations peacekeeping activities

21 equal to those being given to foreign manufacturers and

22 suppliers: Provided further, That none of the funds made

23 available under this heading are available to pay the

24 United States share of the cost of court monitoring that

25 is part of any United Nations peacekeeping mission.
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1 INTERNATIONAL COMMISSIONS

2 For necessary expenses, not otherwise provided for,

3 to meet obligations of the United States arising under

4 treaties, or specific Acts of Congress, as follows:

5 INTERNATIONAL BOUNDARY AND WATER COMMISSION,

6 UNITED STATES AND MEXICO

7 For necessary expenses for the United States Section

8 of the International Boundary and Water Commission,

9 United States and Mexico, and to comply with laws appli10 cable to the United States Section, including not to exceed

11 $6,000 for representation; as follows:

12 SALARIES AND EXPENSES

13 For salaries and expenses, not otherwise provided for,

14 $25,668,000.

15 CONSTRUCTION

16 For detailed plan preparation and construction of au17 thorized projects, $5,500,000, to remain available until ex18 pended, as authorized.

19 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided, for

21 the International Joint Commission and the International

22 Boundary Commission, United States and Canada, as au23 thorized by treaties between the United States and Can24 ada or Great Britain, and for the Border Environment

25 Cooperation Commission as authorized by Public Law

26 103–182, $8,944,000, of which not to exceed $9,000 shall
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•HR 2799 EH

1 be available for representation expenses incurred by the

2 International Joint Commission.

3 INTERNATIONAL FISHERIES COMMISSIONS

4 For necessary expenses for international fisheries

5 commissions, not otherwise provided for, as authorized by

6 law, $16,989,000: Provided, That the United States’ share

7 of such expenses may be advanced to the respective com8 missions pursuant to 31 U.S.C. 3324.

9 OTHER

10 PAYMENT TO THE ASIA FOUNDATION

11 For a grant to the Asia Foundation, as authorized

12 by the Asia Foundation Act (22 U.S.C. 4402),

13 $10,376,000, to remain available until expended, as au14 thorized.

15 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

16 For necessary expenses of Eisenhower Exchange Fel17 lowships, Incorporated, as authorized by sections 4 and

18 5 of the Eisenhower Exchange Fellowship Act of 1990 (20

19 U.S.C. 5204–5205), all interest and earnings accruing to

20 the Eisenhower Exchange Fellowship Program Trust

21 Fund on or before September 30, 2004, to remain avail22 able until expended: Provided, That none of the funds ap23 propriated herein shall be used to pay any salary or other

24 compensation, or to enter into any contract providing for

25 the payment thereof, in excess of the rate authorized by

26 5 U.S.C. 5376; or for purposes which are not in accord-
76

•HR 2799 EH

1 ance with OMB Circulars A–110 (Uniform Administrative

2 Requirements) and A–122 (Cost Principles for Non-profit

3 Organizations), including the restrictions on compensation

4 for personal services.

5 ISRAELI ARAB SCHOLARSHIP PROGRAM

6 For necessary expenses of the Israeli Arab Scholar7 ship Program as authorized by section 214 of the Foreign

8 Relations Authorization Act, Fiscal Years 1992 and 1993

9 (22 U.S.C. 2452), all interest and earnings accruing to

10 the Israeli Arab Scholarship Fund on or before September

11 30, 2004, to remain available until expended.

12 NATIONAL ENDOWMENT FOR DEMOCRACY

13 For grants made by the Department of State to the

14 National Endowment for Democracy as authorized by the

15 National Endowment for Democracy Act, $42,000,000 to

16 remain available until expended.

17 RELATED AGENCY

18 BROADCASTING BOARD OF GOVERNORS

19 INTERNATIONAL BROADCASTING OPERATIONS

20 For expenses necessary to enable the Broadcasting

21 Board of Governors, as authorized, to carry out inter22 national communication activities, including the purchase,

23 installation, rent, and improvement of facilities for radio

24 and television transmission and reception to Cuba,

25 $552,105,000, of which not to exceed $16,000 may be

26 used for official receptions within the United States as au-
77

•HR 2799 EH

1 thorized, not to exceed $35,000 may be used for represen2 tation abroad as authorized, and not to exceed $39,000

3 may be used for official reception and representation ex4 penses of Radio Free Europe/Radio Liberty; and in addi5 tion, notwithstanding any other provision of law, not to

6 exceed $2,000,000 in receipts from advertising and rev7 enue from business ventures, not to exceed $500,000 in

8 receipts from cooperating international organizations, and

9 not to exceed $1,000,000 in receipts from privatization ef10 forts of the Voice of America and the International Broad11 casting Bureau, to remain available until expended for

12 carrying out authorized purposes.

13 BROADCASTING CAPITAL IMPROVEMENTS

14 For the purchase, rent, construction, and improve15 ment of facilities for radio transmission and reception, and

16 purchase and installation of necessary equipment for radio

17 and television transmission and reception as authorized,

18 $11,395,000, to remain available until expended, as au19 thorized.

20 GENERAL PROVISIONS—DEPARTMENT OF STATE AND

21 RELATED AGENCY

22 SEC. 401. Funds appropriated under this title shall

23 be available, except as otherwise provided, for allowances

24 and differentials as authorized by subchapter 59 of title

25 5, United States Code; for services as authorized by 5
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•HR 2799 EH

1 U.S.C. 3109; and for hire of passenger transportation pur2 suant to 31 U.S.C. 1343(b).

3 SEC. 402. Not to exceed 5 percent of any appropria4 tion made available for the current fiscal year for the De5 partment of State in this Act may be transferred between

6 such appropriations, but no such appropriation, except as

7 otherwise specifically provided, shall be increased by more

8 than 10 percent by any such transfers: Provided, That not

9 to exceed 5 percent of any appropriation made available

10 for the current fiscal year for the Broadcasting Board of

11 Governors in this Act may be transferred between such

12 appropriations, but no such appropriation, except as oth13 erwise specifically provided, shall be increased by more

14 than 10 percent by any such transfers: Provided further,

15 That any transfer pursuant to this section shall be treated

16 as a reprogramming of funds under section 605 of this

17 Act and shall not be available for obligation or expenditure

18 except in compliance with the procedures set forth in that

19 section.

20 SEC. 403. None of the funds made available in this

21 Act may be used by the Department of State or the Broad22 casting Board of Governors to provide equipment, tech23 nical support, consulting services, or any other form of

24 assistance to the Palestinian Broadcasting Corporation.
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•HR 2799 EH

1 This title may be cited as the ‘‘Department of State

2 and Related Agency Appropriations Act, 2004’’.

3 TITLE V—RELATED AGENCIES

4 ANTITRUST MODERNIZATION COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Antitrust Moderniza7 tion Commission, as authorized by Public Law 107–273,

8 $1,499,000, to remain available until expended.

9 COMMISSION FOR THE PRESERVATION OF AMERICA’S

10 HERITAGE ABROAD

11 SALARIES AND EXPENSES

12 For expenses for the Commission for the Preservation

13 of America’s Heritage Abroad, $499,000, as authorized by

14 section 1303 of Public Law 99–83.

15 COMMISSION ON CIVIL RIGHTS

16 SALARIES AND EXPENSES

17 For necessary expenses of the Commission on Civil

18 Rights, including hire of passenger motor vehicles,

19 $9,096,000: Provided, That not to exceed $50,000 may

20 be used to employ consultants: Provided further, That

21 none of the funds appropriated in this paragraph shall be

22 used to employ in excess of four full-time individuals under

23 Schedule C of the Excepted Service exclusive of one special

24 assistant for each Commissioner: Provided further, That

25 none of the funds appropriated in this paragraph shall be
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•HR 2799 EH

1 used to reimburse Commissioners for more than 75

2 billable days, with the exception of the chairperson, who

3 is permitted 125 billable days.

4 COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

5 SALARIES AND EXPENSES

6 For necessary expenses for the United States Com7 mission on International Religious Freedom, as authorized

8 by title II of the International Religious Freedom Act of

9 1998 (Public Law 105–292), $3,000,000, to remain avail10 able until expended.

11 COMMISSION ON SECURITY AND COOPERATION IN

12 EUROPE

13 SALARIES AND EXPENSES

14 For necessary expenses of the Commission on Secu15 rity and Cooperation in Europe, as authorized by Public

16 Law 94–304, $1,615,000, to remain available until ex17 pended as authorized by section 3 of Public Law 99–7.

18 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

19 PEOPLE’S REPUBLIC OF CHINA

20 SALARIES AND EXPENSES

21 For necessary expenses of the Congressional-Execu22 tive Commission on the People’s Republic of China, as au23 thorized, $1,800,000, including not more than $3,000 for

24 the purpose of official representation, to remain available

25 until expended.
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•HR 2799 EH

1 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Equal Employment

4 Opportunity Commission as authorized by title VII of the

5 Civil Rights Act of 1964 (29 U.S.C. 206(d) and 621–634),

6 the Americans with Disabilities Act of 1990, and the Civil

7 Rights Act of 1991, including services as authorized by

8 5 U.S.C. 3109; hire of passenger motor vehicles as author9 ized by 31 U.S.C. 1343(b); non-monetary awards to pri10 vate citizens; and not to exceed $33,000,000 for payments

11 to State and local enforcement agencies for services to the

12 Commission pursuant to title VII of the Civil Rights Act

13 of 1964, sections 6 and 14 of the Age Discrimination in

14 Employment Act, the Americans with Disabilities Act of

15 1990, and the Civil Rights Act of 1991, $328,400,000:

16 Provided, That the Commission is authorized to make

17 available for official reception and representation expenses

18 not to exceed $2,500 from available funds.

19 FEDERAL COMMUNICATIONS COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the Federal Communica22 tions Commission, as authorized by law, including uni23 forms and allowances therefor, as authorized by 5 U.S.C.

24 5901–5902; not to exceed $600,000 for land and struc25 ture; not to exceed $500,000 for improvement and care
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•HR 2799 EH

1 of grounds and repair to buildings; not to exceed $4,000

2 for official reception and representation expenses; pur3 chase and hire of motor vehicles; special counsel fees; and

4 services as authorized by 5 U.S.C. 3109, $278,958,000:

5 Provided, That $269,000,000 of offsetting collections shall

6 be assessed and collected pursuant to section 9 of title I

7 of the Communications Act of 1934, shall be retained and

8 used for necessary expenses in this appropriation, and

9 shall remain available until expended: Provided further,

10 That the sum herein appropriated shall be reduced as such

11 offsetting collections are received during fiscal year 2004

12 so as to result in a final fiscal year 2004 appropriation

13 estimated at $9,958,000: Provided further, That any off14 setting collections received in excess of $269,000,000 in

15 fiscal year 2004 shall remain available until expended, but

16 shall not be available for obligation until October 1, 2004.

17 FEDERAL TRADE COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the Federal Trade Com20 mission, including uniforms or allowances therefor, as au21 thorized by 5 U.S.C. 5901–5902; services as authorized

22 by 5 U.S.C. 3109; hire of passenger motor vehicles; and

23 not to exceed $2,000 for official reception and representa24 tion expenses, $183,041,000, to remain available until ex25 pended: Provided, That not to exceed $300,000 shall be
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•HR 2799 EH

1 available for use to contract with a person or persons for

2 collection services in accordance with the terms of 31

3 U.S.C. 3718: Provided further, That, notwithstanding any

4 other provision of law, not to exceed $112,000,000 of off5 setting collections derived from fees collected for

6 premerger notification filings under the Hart-Scott-Ro7 dino Antitrust Improvements Act of 1976 (15 U.S.C.

8 18a), regardless of the year of collection, shall be retained

9 and used for necessary expenses in this appropriation:

10 Provided further, That $20,100,000 in offsetting collec11 tions derived from fees sufficient to implement and enforce

12 the Telemarketing Sales Rule, promulgated under the

13 Telephone Consumer Fraud and Abuse Prevention Act

14 (15 U.S.C. 6101 et seq.), shall be credited to this account,

15 and be retained and used for necessary expenses in this

16 appropriation: Provided further, That the sum herein ap17 propriated from the general fund shall be reduced as such

18 offsetting collections are received during fiscal year 2004,

19 so as to result in a final fiscal year 2004 appropriation

20 from the general fund estimated at not more than

21 $50,941,000: Provided further, That none of the funds

22 made available to the Federal Trade Commission shall be

23 available for obligation for expenses authorized by section

24 151 of the Federal Deposit Insurance Corporation Im-
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•HR 2799 EH

1 provement Act of 1991 (Public Law 102–242; 105 Stat.

2 2282–2285).

3 LEGAL SERVICES CORPORATION

4 PAYMENT TO THE LEGAL SERVICES CORPORATION

5 For payment to the Legal Services Corporation to

6 carry out the purposes of the Legal Services Corporation

7 Act of 1974, $338,848,000, of which $319,548,000 is for

8 basic field programs and required independent audits;

9 $2,600,000 is for the Office of Inspector General, of which

10 such amounts as may be necessary may be used to conduct

11 additional audits of recipients; $13,300,000 is for manage12 ment and administration; and $3,400,000 is for client self13 help and information technology.

14 ADMINISTRATIVE PROVISION—LEGAL SERVICES

15 CORPORATION

16 None of the funds appropriated in this Act to the

17 Legal Services Corporation shall be expended for any pur18 pose prohibited or limited by, or contrary to any of the

19 provisions of, sections 501, 502, 503, 504, 505, and 506

20 of Public Law 105–119, and all funds appropriated in this

21 Act to the Legal Services Corporation shall be subject to

22 the same terms and conditions set forth in such sections,

23 except that all references in sections 502 and 503 to 1997

24 and 1998 shall be deemed to refer instead to 2003 and

25 2004, respectively.
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1 MARINE MAMMAL COMMISSION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Marine Mammal Com4 mission as authorized by title II of Public Law 92–522,

5 $1,856,000.

6 NATIONAL VETERANS BUSINESS DEVELOPMENT

7 CORPORATION

8 For necessary expenses of the National Veterans

9 Business Development Corporation as authorized under

10 section 33(a) of the Small Business Act, $2,000,000.

11 SECURITIES AND EXCHANGE COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses for the Securities and Ex14 change Commission, including services as authorized by

15 5 U.S.C. 3109, the rental of space (to include multiple

16 year leases) in the District of Columbia and elsewhere, and

17 not to exceed $3,000 for official reception and representa18 tion expenses, $841,500,000; of which not to exceed

19 $10,000 may be used toward funding a permanent secre20 tariat for the International Organization of Securities

21 Commissions; and of which not to exceed $100,000 shall

22 be available for expenses for consultations and meetings

23 hosted by the Commission with foreign governmental and

24 other regulatory officials, members of their delegations,

25 appropriate representatives and staff to exchange views
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•HR 2799 EH

1 concerning developments relating to securities matters, de2 velopment and implementation of cooperation agreements

3 concerning securities matters and provision of technical

4 assistance for the development of foreign securities mar5 kets, such expenses to include necessary logistic and ad6 ministrative expenses and the expenses of Commission

7 staff and foreign invitees in attendance at such consulta8 tions and meetings including: (1) such incidental expenses

9 as meals taken in the course of such attendance; (2) any

10 travel and transportation to or from such meetings; and

11 (3) any other related lodging or subsistence: Provided,

12 That fees and charges authorized by sections 6(b) of the

13 Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and

14 13(e), 14(g) and 31 of the Securities Exchange Act of

15 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be cred16 ited to this account as offsetting collections: Provided fur17 ther, That not to exceed $738,500,000 of such offsetting

18 collections shall be available until expended for necessary

19 expenses of this account: Provided further, That

20 $103,000,000 shall be derived from prior year unobligated

21 balances from funds previously appropriated to the Securi22 ties and Exchange Commission: Provided further, That the

23 total amount appropriated under this heading from the

24 general fund for fiscal year 2004 shall be reduced as such

25 offsetting fees are received so as to result in a final total
87

•HR 2799 EH

1 fiscal year 2004 appropriation from the general fund esti2 mated at not more than $0: Provided further, That, not3 withstanding section 1353 of title 31, United States Code,

4 no Commissioner or employee of the Securities and Ex5 change Commission may accept, nor may the Commission

6 accept, payment or reimbursement from a non-Federal en7 tity for travel, subsistence, or related expenses for the pur8 pose of enabling a Commissioner or employee to attend

9 and participate in a convention, conference, or meeting

10 when the entity offering payment or reimbursement is a

11 person or corporation subject to regulation by the Com12 mission, or represents a person or corporation subject to

13 regulation by the Commission, unless the person or cor14 poration is an organization exempt from taxation pursuant

15 to section 501(c)(3) of the Internal Revenue Code of 1986.

16 SMALL BUSINESS ADMINISTRATION

17 SALARIES AND EXPENSES

18 For necessary expenses, not otherwise provided for,

19 of the Small Business Administration as authorized by

20 Public Law 105–135, including hire of passenger motor

21 vehicles as authorized by 31 U.S.C. 1343 and 1344, and

22 not to exceed $3,500 for official reception and representa23 tion expenses, $326,592,000: Provided, That the Adminis24 trator is authorized to charge fees to cover the cost of pub25 lications developed by the Small Business Administration,
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•HR 2799 EH

1 and certain loan servicing activities: Provided further,

2 That, notwithstanding 31 U.S.C. 3302, revenues received

3 from all such activities shall be credited to this account,

4 to be available for carrying out these purposes without fur5 ther appropriations.

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector

8 General in carrying out the provisions of the Inspector

9 General Act of 1978, $13,000,000.

10 BUSINESS LOANS PROGRAM ACCOUNT

11 For the cost of direct loans, $1,910,000, to be avail12 able until expended; and for the cost of guaranteed loans,

13 $84,805,000, as authorized by 15 U.S.C. 631 note, of

14 which $45,000,000 shall remain available until September

15 30, 2005: Provided, That such costs, including the cost

16 of modifying such loans, shall be as defined in section 502

17 of the Congressional Budget Act of 1974: Provided fur18 ther, That during fiscal year 2004 commitments to guar19 antee loans under section 503 of the Small Business In20 vestment Act of 1958, shall not exceed $4,500,000,000:

21 Provided further, That during fiscal year 2004 commit22 ments for general business loans authorized under section

23 7(a) of the Small Business Act, shall not exceed

24 $10,000,000,000 without prior notification of the Com25 mittees on Appropriations of the House of Representatives

26 and Senate in accordance with section 605 of this Act:
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•HR 2799 EH

1 Provided further, That during fiscal year 2004 commit2 ments to guarantee loans for debentures and participating

3 securities under section 303(b) of the Small Business In4 vestment Act of 1958, shall not exceed the levels estab5 lished by section 20(i)(1)(C) of the Small Business Act:

6 Provided further, That during fiscal year 2004 guarantees

7 of trust certificates authorized by section 5(g) of the Small

8 Business Act shall not exceed a principal amount of

9 $10,000,000,000.

10 In addition, for administrative expenses to carry out

11 the direct and guaranteed loan programs, $129,000,000,

12 which may be transferred to and merged with the appro13 priations for Salaries and Expenses.

14 DISASTER LOANS PROGRAM ACCOUNT

15 For the cost of direct loans authorized by section 7(b)

16 of the Small Business Act, $72,665,000, to remain avail17 able until expended: Provided, That such costs, including

18 the cost of modifying such loans, shall be as defined in

19 section 502 of the Congressional Budget Act of 1974.

20 In addition, for administrative expenses to carry out

21 the direct loan program, $117,585,000, which may be

22 transferred to and merged with appropriations for Salaries

23 and Expenses, of which $500,000 is for the Office of In24 spector General of the Small Business Administration for

25 audits and reviews of disaster loans and the disaster loan

26 program and shall be transferred to and merged with ap-
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•HR 2799 EH

1 propriations for the Office of Inspector General; of which

2 $108,000,000 is for direct administrative expenses of loan

3 making and servicing to carry out the direct loan program;

4 and of which $9,085,000 is for indirect administrative ex5 penses: Provided, That any amount in excess of

6 $9,085,000 to be transferred to and merged with appro7 priations for Salaries and Expenses for indirect adminis8 trative expenses shall be treated as a reprogramming of

9 funds under section 605 of this Act and shall not be avail10 able for obligation or expenditure except in compliance

11 with the procedures set forth in that section.

12 ADMINISTRATIVE PROVISION—SMALL BUSINESS

13 ADMINISTRATION

14 Not to exceed 5 percent of any appropriation made

15 available for the current fiscal year for the Small Business

16 Administration in this Act may be transferred between

17 such appropriations, but no such appropriation shall be

18 increased by more than 10 percent by any such transfers:

19 Provided, That any transfer pursuant to this paragraph

20 shall be treated as a reprogramming of funds under sec21 tion 605 of this Act and shall not be available for obliga22 tion or expenditure except in compliance with the proce23 dures set forth in that section.
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1 STATE JUSTICE INSTITUTE

2 SALARIES AND EXPENSES

3 For necessary expenses of the State Justice Institute,

4 as authorized by the State Justice Institute Authorization

5 Act of 1992 (Public Law 102–572), $3,000,000: Provided,

6 That not to exceed $2,500 shall be available for official

7 reception and representation expenses.

8 TITLE VI—GENERAL PROVISIONS

9 SEC. 601. No part of any appropriation contained in

10 this Act shall be used for publicity or propaganda purposes

11 not authorized by the Congress.

12 SEC. 602. No part of any appropriation contained in

13 this Act shall remain available for obligation beyond the

14 current fiscal year unless expressly so provided herein.

15 SEC. 603. The expenditure of any appropriation

16 under this Act for any consulting service through procure17 ment contract, pursuant to 5 U.S.C. 3109, shall be limited

18 to those contracts where such expenditures are a matter

19 of public record and available for public inspection, except

20 where otherwise provided under existing law, or under ex21 isting Executive order issued pursuant to existing law.

22 SEC. 604. If any provision of this Act or the applica23 tion of such provision to any person or circumstances shall

24 be held invalid, the remainder of the Act and the applica25 tion of each provision to persons or circumstances other
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1 than those as to which it is held invalid shall not be af2 fected thereby.

3 SEC. 605. (a) None of the funds provided under this

4 Act, or provided under previous appropriations Acts to the

5 agencies funded by this Act that remain available for obli6 gation or expenditure in fiscal year 2004, or provided from

7 any accounts in the Treasury of the United States derived

8 by the collection of fees available to the agencies funded

9 by this Act, shall be available for obligation or expenditure

10 through a reprogramming of funds that: (1) creates new

11 programs; (2) eliminates a program, project, or activity;

12 (3) increases funds or personnel by any means for any

13 project or activity for which funds have been denied or

14 restricted; (4) relocates an office or employees; (5) reorga15 nizes offices, programs, or activities; or (6) contracts out

16 or privatizes any functions or activities presently per17 formed by Federal employees; unless the Appropriations

18 Committees of both Houses of Congress are notified 15

19 days in advance of such reprogramming of funds.

20 (b) None of the funds provided under this Act, or

21 provided under previous appropriations Acts to the agen22 cies funded by this Act that remain available for obligation

23 or expenditure in fiscal year 2004, or provided from any

24 accounts in the Treasury of the United States derived by

25 the collection of fees available to the agencies funded by
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•HR 2799 EH

1 this Act, shall be available for obligation or expenditure

2 for activities, programs, or projects through a reprogram3 ming of funds in excess of $500,000 or 10 percent, which4 ever is less, that: (1) augments existing programs,

5 projects, or activities; (2) reduces by 10 percent funding

6 for any existing program, project, or activity, or numbers

7 of personnel by 10 percent as approved by Congress; or

8 (3) results from any general savings from a reduction in

9 personnel which would result in a change in existing pro10 grams, activities, or projects as approved by Congress; un11 less the Appropriations Committees of both Houses of

12 Congress are notified 15 days in advance of such re13 programming of funds.

14 SEC. 606. None of the funds made available in this

15 Act may be used for the construction, repair (other than

16 emergency repair), overhaul, conversion, or modernization

17 of vessels for the National Oceanic and Atmospheric Ad18 ministration in shipyards located outside of the United

19 States.

20 PROHIBITION OF CONTRACTS WITH PERSONS FALSELY

21 LABELING PRODUCTS AS MADE IN AMERICA

22 SEC. 607. If it has been finally determined by a court

23 or Federal agency that any person intentionally affixed a

24 label bearing a ‘‘Made in America’’ inscription, or any in25 scription with the same meaning, to any product sold in

26 or shipped to the United States that is not made in the
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•HR 2799 EH

1 United States, the person shall be ineligible to receive any

2 contract or subcontract made with funds made available

3 in this Act, pursuant to the debarment, suspension, and

4 ineligibility procedures described in sections 9.400 through

5 9.409 of title 48, Code of Federal Regulations.

6 SEC. 608. None of the funds made available in this

7 Act may be used to implement, administer, or enforce any

8 guidelines of the Equal Employment Opportunity Com9 mission covering harassment based on religion, when it is

10 made known to the Federal entity or official to which such

11 funds are made available that such guidelines do not differ

12 in any respect from the proposed guidelines published by

13 the Commission on October 1, 1993 (58 Fed. Reg.

14 51266).

15 SEC. 609. None of the funds made available by this

16 Act may be used for any United Nations undertaking

17 when it is made known to the Federal official having au18 thority to obligate or expend such funds that: (1) the

19 United Nations undertaking is a peacekeeping mission; (2)

20 such undertaking will involve United States Armed Forces

21 under the command or operational control of a foreign na22 tional; and (3) the President’s military advisors have not

23 submitted to the President a recommendation that such

24 involvement is in the national security interests of the
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1 United States and the President has not submitted to the

2 Congress such a recommendation.

3 SEC. 610. (a) None of the funds appropriated or oth4 erwise made available by this Act shall be expended for

5 any purpose for which appropriations are prohibited by

6 section 609 of the Departments of Commerce, Justice, and

7 State, the Judiciary, and Related Agencies Appropriations

8 Act, 1999.

9 (b) The requirements in subparagraphs (A) and (B)

10 of section 609 of that Act shall continue to apply during

11 fiscal year 2004.

12 SEC. 611. Any costs incurred by a department or

13 agency funded under this Act resulting from personnel ac14 tions taken in response to funding reductions included in

15 this Act shall be absorbed within the total budgetary re16 sources available to such department or agency: Provided,

17 That the authority to transfer funds between appropria18 tions accounts as may be necessary to carry out this sec19 tion is provided in addition to authorities included else20 where in this Act: Provided further, That use of funds to

21 carry out this section shall be treated as a reprogramming

22 of funds under section 605 of this Act and shall not be

23 available for obligation or expenditure except in compli24 ance with the procedures set forth in that section.
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1 SEC. 612. Of the funds appropriated in this Act

2 under the heading ‘‘Office of Justice Programs—State

3 and Local Law Enforcement Assistance’’, not more than

4 90 percent of the amount to be awarded to an entity under

5 the Local Law Enforcement Block Grant shall be made

6 available to such an entity when it is made known to the

7 Federal official having authority to obligate or expend

8 such funds that the entity that employs a public safety

9 officer (as such term is defined in section 1204 of title

10 I of the Omnibus Crime Control and Safe Streets Act of

11 1968) does not provide such a public safety officer who

12 retires or is separated from service due to injury suffered

13 as the direct and proximate result of a personal injury

14 sustained in the line of duty while responding to an emer15 gency situation or a hot pursuit (as such terms are defined

16 by State law) with the same or better level of health insur17 ance benefits at the time of retirement or separation as

18 they received while on duty.

19 SEC. 613. None of the funds provided by this Act

20 shall be available to promote the sale or export of tobacco

21 or tobacco products, or to seek the reduction or removal

22 by any foreign country of restrictions on the marketing

23 of tobacco or tobacco products, except for restrictions

24 which are not applied equally to all tobacco or tobacco

25 products of the same type.
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1 SEC. 614. (a) None of the funds appropriated or oth2 erwise made available by this Act shall be expended for

3 any purpose for which appropriations are prohibited by

4 section 616 of the Departments of Commerce, Justice, and

5 State, the Judiciary, and Related Agencies Appropriations

6 Act, 1999.

7 (b) The requirements in subsections (b) and (c) of

8 section 616 of that Act shall continue to apply during fis9 cal year 2004.

10 SEC. 615. None of the funds appropriated pursuant

11 to this Act or any other provision of law may be used for:

12 (1) the implementation of any tax or fee in connection

13 with the implementation of 18 U.S.C. 922(t); and (2) any

14 system to implement 18 U.S.C. 922(t) that does not re15 quire and result in the immediate destruction of any iden16 tifying information submitted by or on behalf of any per17 son who has been determined not to be prohibited from

18 owning a firearm.

19 SEC. 616. Notwithstanding any other provision of

20 law, amounts deposited or available in the Fund estab21 lished under 42 U.S.C. 10601 in any fiscal year in excess

22 of $625,000,000 shall not be available for obligation until

23 the following fiscal year.

24 SEC. 617. None of the funds made available to the

25 Department of Justice in this Act may be used to discrimi-
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1 nate against or denigrate the religious or moral beliefs of

2 students who participate in programs for which financial

3 assistance is provided from those funds, or of the parents

4 or legal guardians of such students.

5 SEC. 618. None of the funds appropriated or other6 wise made available to the Department of State shall be

7 available for the purpose of granting either immigrant or

8 nonimmigrant visas, or both, consistent with the deter9 mination of the Secretary of State under section 243(d)

10 of the Immigration and Nationality Act, to citizens, sub11 jects, nationals, or residents of countries that the Sec12 retary of Homeland Security has determined deny or un13 reasonably delay accepting the return of citizens, subjects,

14 nationals, or residents under that section.

15 SEC. 619. None of the funds made available to the

16 Department of Justice in this Act may be used for the

17 purpose of transporting an individual who is a prisoner

18 pursuant to conviction for crime under State or Federal

19 law and is classified as a maximum or high security pris20 oner, other than to a prison or other facility certified by

21 the Federal Bureau of Prisons as appropriately secure for

22 housing such a prisoner.

23 SEC. 620. (a) None of the funds appropriated by this

24 Act may be used by Federal prisons to purchase cable tele25 vision services, to rent or purchase videocassettes, video-
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1 cassette recorders, or other audiovisual or electronic equip2 ment used primarily for recreational purposes.

3 (b) The preceding sentence does not preclude the

4 renting, maintenance, or purchase of audiovisual or elec5 tronic equipment for inmate training, religious, or edu6 cational programs.

7 SEC. 621. None of the funds made available in this

8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government, except

10 pursuant to a transfer made by, or transfer authority pro11 vided in, this Act or any other appropriation Act.

12 SEC. 622. The Departments of Commerce, Justice,

13 State, the Judiciary, and the Small Business Administra14 tion shall each establish a policy under which eligible em15 ployees may participate in telecommuting to the maximum

16 extent possible without diminished employee performance:

17 Provided, That, not later than six months after the date

18 of the enactment of this Act, each of the aforementioned

19 entities shall provide that the requirements of this section

20 are applied to 100 percent of the workforce: Provided fur21 ther, That, of the funds appropriated in this Act for the

22 Departments of Commerce, Justice, and State, the Judici23 ary, and the Small Business Administration, $250,000

24 shall be available to each Department or agency only to

25 implement telecommuting programs: Provided further,
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1 That, every six months, each Department or agency shall

2 provide a report to the Committees on Appropriations on

3 the status of telecommuting programs, including the num4 ber of Federal employees eligible for, and participating in,

5 such programs, and uses of funds designated under this

6 section: Provided further, That each Department or agency

7 shall designate a ‘‘Telework Coordinator’’ to be respon8 sible for overseeing the implementation of telecommuting

9 programs and serve as a point of contact on such pro10 grams for the Committees on Appropriations.

11 SEC. 623. The paragraph under the heading ‘‘Small

12 Business Administration—Disaster Loans Program Ac13 count’’ in chapter 2 of division B of Public Law 107–117

14 is amended by inserting ‘‘or section 7(b) of the Small

15 Business Act’’ after ‘‘September 11, 2001’’.

16 SEC. 624. None of the funds in this Act may be used

17 to grant, transfer or assign a license for a commercial TV

18 broadcast station to any party (including all parties under

19 common control) if the grant, transfer or assignment of

20 such license would result in such party or any of its stock21 holders, partners, members, officers or directors, directly

22 or indirectly, owning, operating or controlling, or having

23 a cognizable interest in TV stations which have an aggre24 gate national audience reach, as defined in 47 CFR

25 73.3555, exceeding 35 percent.
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1 SEC. 625. (a) Tracing studies conducted by the Bu2 reau of Alcohol, Tobacco, Firearms, and Explosives are

3 released without adequate disclaimers regarding the limi4 tations of the data.

5 (b) The Bureau of Alcohol, Tobacco, Firearms, and

6 Explosives shall include in all such data releases, language

7 similar to the following that would make clear that trace

8 data cannot be used to draw broad conclusions about fire9 arms-related crime:

10 ‘‘(1) Firearm traces are designed to assist law

11 enforcement authorities in conducting investigations

12 by tracking the sale and possession of specific fire13 arms. Law enforcement agencies may request fire14 arms traces for any reason, and those reasons are

15 not necessarily reported to the Federal Government.

16 Not all firearms used in crime are traced and not all

17 firearms traced are used in crime.

18 ‘‘(2) Firearms selected for tracing are not cho19 sen for purposes of determining which types, makes

20 or models of firearms are used for illicit purposes.

21 The firearms selected do not constitute a random

22 sample and should not be considered representative

23 of the larger universe of all firearms used by crimi24 nals, or any subset of that universe. Firearms are

25 normally traced to the first retail seller, and sources
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1 reported for firearms traced do not necessarily rep2 resent the sources or methods by which firearms in

3 general are acquired for use in crime.’’.

4 TITLE VII—RESCISSIONS

5 DEPARTMENT OF JUSTICE

6 OFFICE OF JUSTICE PROGRAMS

7 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

8 (RESCISSION)

9 Of the unobligated balances available under this

10 heading, $24,122,000 are rescinded.

11 COMMUNITY ORIENTED POLICING SERVICES

12 (RESCISSION)

13 Of the unobligated balances available under this

14 heading, $6,378,000 are rescinded.

15 TITLE VIII—ADDITIONAL GENERAL

16 PROVISIONS

17 SEC. 801. None of the funds appropriated or other18 wise made available under this Act may be used to issue

19 patents on claims directed to or encompassing a human

20 organism.

21 SEC. 802. None of the funds made available in this

22 Act may be used by the Department of Justice or the De23 partment of State to file a motion in any court opposing

24 a civil action against any Japanese person or corporation

25 for compensation or reparations in which the plaintiff al-
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1 leges that, as an American prisoner of war during World

2 War II, he or she was used as slave or forced labor.

3 SEC. 803. None of the funds appropriated in this Act

4 may be used to enforce the judgment in Newdow v. U.S.

5 Congress 292 F.3d 597 (9th Cir. 2002).

6 SEC. 804. None of the funds made available in this

7 Act may be used to seek a delay under section 3103a(b)

8 of title 18, United States Code.

9 LIMITATION ON UNITED STATES CONTRIBUTIONS TO

10 CERTAIN UNITED NATIONS ENTITIES

11 SEC. 805. None of the funds made available in this

12 Act may be used for a United States contribution to any

13 United Nations commission, organization, or affiliated

14 agency that is chaired or presided over by a country, the

15 government of which the Secretary of State has deter16 mined, for purposes of section 6(j)(1) of the Export Ad17 ministration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has

18 repeatedly provided support for acts of international ter19 rorism. None of the funds made available in this Act may

20 be used to pay expenses for any United States delegation

21 to any United Nations commission, organization, or affili22 ated agency described in the preceding sentence.

23 SEC. 806. None of the funds made available in this

24 Act may be used to destroy or conceal physical and elec25 tronic records and documents related to any use of Fed26 eral agency resources in any task or action involving or
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1 relating to members of the Texas Legislature for the pe2 riod beginning May 11, 2003, and ending May 16, 2003.

3 SEC. 807. None of the funds made available in this

4 Act may be used in violation of section 212(a)(10)(C) of

5 the Immigration and Nationality Act.

6 SEC. 808. None of the funds appropriated in this Act

7 may be used to enforce the judgment of the United States

8 Court of Appeals for the Eleventh Circuit in Glassroth v.

9 Moore, decided July 1, 2003 or Glassroth v. Moore, 229

10 F. Supp. 2d 1067 (M. D. Ala. 2002).

11 This Act may be cited as the ‘‘Departments of Com12 merce, Justice, and State, the Judiciary, and Related

13 Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 23, 2003.

Attest:

Clerk.