U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

90–637

" HOUSE OF REPRESENTATIVES ! 108TH CONGRESS

1st Session 

REPORT

2003

108–401

MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND 

FOR OTHER PURPOSES

CONFERENCE REPORT

TO ACCOMPANY

H.R. 2673

NOVEMBER 25, 2003.—Ordered to be printed 


E:\Seals\Congress.#13
" HOUSE OF REPRESENTATIVES ! 108TH CONGRESS

1st Session 

REPORT

108–401

MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND 

FOR OTHER PURPOSES

CONFERENCE REPORT

TO ACCOMPANY

H.R. 2673

NOVEMBER 25, 2003.—Ordered to be printed 


E:\Seals\Congress.#13
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE FISCAL YEAR 

ENDING 2004, AND FOR OTHER PURPOSES

90–637

108TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 108–401

MAKING APPROPRIATIONS FOR AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES FOR THE 

FISCAL YEAR ENDING SEPTEMBER 30, 2004, AND FOR OTHER PURPOSES 

NOVEMBER 25, 2003.—Ordered to be printed 

Mr. YOUNG of Florida, from the Committee on conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 2673] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendment of the Senate to the bill (H.R. 2673) 

‘‘making appropriations for Agriculture, Rural Development, Food 

and Drug Administration, and Related Agencies for the fiscal year 

ending September 30, 2004, and for other purposes’’, having met, 

after full and free conference, have agreed to recommend and do 

recommend to their respective Houses as follows: 

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as 

follows: 

In lieu of the matter stricken and inserted by said amendment, 

insert:

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Consolidated Appropriations Act, 

2004’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. References. 

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

2004

Title I—Agricultural Programs 

Title II—Conservation Programs 

Title III—Rural Development Programs 

Title IV—Domestic Food Programs 

Title V—Foreign Assistance and Related Programs 

Title VI—Related Agencies and Food and Drug Administration 

Title VII—General Provisions 

2

DIVISION B—COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 

RELATED AGENCIES APPROPRIATIONS, 2004

Title I—Department of Justice 

Title II—Department of Commerce and Related Agencies 

Title III—The Judiciary 

Title IV—Department of State and Related Agency 

Title V—Related Agencies 

Title VI—General Provisions 

Title VII—Rescissions 

Title VIII—Alaskan Fisheries 

DIVISION C—DISTRICT OF COLUMBIA APPROPRIATIONS, 2004

Title I—Federal Funds 

Title II—District of Columbia Funds 

Title III—DC School Choice Incentive Act of 2003

Title IV—General Provisions 

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 

PROGRAMS APPROPRIATIONS, 2004

Title I—Export and Investment Assistance 

Title II—Bilateral Economic Assistance 

Title III—Military Assistance 

Title IV—Multilateral Economic Assistance 

Title V—General Provisions 

Title VI—Millennium Challenge 

DIVISION E—LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, 

AND RELATED AGENCIES APPROPRIATIONS, 2004 

Title I—Department of Labor 

Title II—Department of Health and Human Services 

Title III—Department of Education 

Title IV—Related Agencies 

Title V—General Provisions 

DIVISION F—TRANSPORTATION, TREASURY, AND INDEPENDENT 

AGENCIES APPROPRIATIONS, 2004

Title I—Department of Transportation 

Title II—Department of the Treasury 

Title III—Executive Office of the President and Funds Appropriated to the President 

Title IV—Independent Agencies 

Title V—General Provisions 

Title VI—General Provisions—Departments, Agencies, and Corporations 

DIVISION G—VETERANS AFFAIRS AND HOUSING AND URBAN 

DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS, 2004 

Title I—Department of Veterans Affairs 

Title II—Department of Housing and Urban Development 

Title III—Independent Agencies 

Title IV—General Provisions 

Title V—Pesticide Products and Fees 

DIVISION H—MISCELLANEOUS APPROPRIATIONS AND OFFSETS

SEC. 3. REFERENCES. 

Except as expressly provided otherwise, any reference to ‘‘this 

Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. 

3

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2004

AN ACT 

Making appropriations for Agriculture, Rural Development, Food 

and Drug Administration, and Related Agencies for the fiscal 

year ending September 30, 2004, and for other purposes. 

That the following sums are appropriated, out of any money in 

the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 

programs for the fiscal year ending September 30, 2004, and for 

other purposes, namely: 

TITLE I 

AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, $5,092,000: Provided, That not to exceed $11,000 of this 

amount shall be available for official reception and representation 

expenses, not otherwise provided for, as determined by the Secretary. 

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, energy and 

new uses, and the functions of the World Agricultural Outlook 

Board, as authorized by the Agricultural Marketing Act of 1946 (7 

U.S.C. 1622g), $8,707,000. 

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, 

$13,670,000. 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program 

Analysis, $7,740,000.

HOMELAND SECURITY STAFF

For necessary expenses of the Homeland Security Staff, 

$499,000. 

OFFICE OF THE CHIEF INFORMATION OFFICER

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

4

COMMON COMPUTING ENVIRONMENT

For necessary expenses to acquire a Common Computing Environment for the Natural Resources Conservation Service, the Farm 

and Foreign Agricultural Service and Rural Development mission 

areas for information technology, systems, and services, 

$119,289,000, to remain available until expended, for the capital 

asset acquisition of shared information technology systems, including services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C. 1421–

28: Provided, That obligation of these funds shall be consistent with 

the Department of Agriculture Service Center Modernization Plan of 

the county-based agencies, and shall be with the concurrence of the 

Department’s Chief Information Officer. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial Offi- cer, $5,684,000: Provided, That the Chief Financial Officer shall actively market and expand cross-servicing activities of the National 

Finance Center: Provided further, That no funds made available by 

this appropriation may be obligated for FAIR Act or Circular A–76 

activities until the Secretary has submitted to the Committees on 

Appropriations of both Houses of Congress a report on the Department’s contracting out policies, including agency budgets for contracting out. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

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

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, 

$17,450,000. 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

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

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to Public Law 92–313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the 

Department of Agriculture under 40 U.S.C. 486, for programs and 

activities of the Department which are included in this Act, and for 

alterations and other actions needed for the Department and its 

agencies to consolidate unneeded space into configurations suitable 

for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, as follows: for payments to 

the General Services Administration, $123,910,000, and for buildings operations and maintenance, $32,559,000, to remain available 

until expended: Provided, That not to exceed 5 percent of amounts 

which are made available for space rental and related costs for the 

5

Department of Agriculture in this Act may be transferred between 

such appropriations to cover the costs of new or replacement space 

15 days after notice thereof is transmitted to the Appropriations 

Committees of both Houses of Congress. 

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to 

comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), 

$15,611,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of 

the Department for its use in meeting all requirements pursuant to 

the above Acts on Federal and non-Federal lands. 

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $23,031,000, to provide for 

necessary expenses for management support services to offices of the 

Department and for general administration, security, repairs and 

alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient 

work of the Department: Provided, That this appropriation shall be 

reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 

551–558. 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs 

funded by this Act, including programs involving intergovernmental 

affairs and liaison within the executive branch, $3,796,000: Provided, That these funds may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel 

at the agency level: Provided further, That no funds made available 

by this appropriation may be obligated after 30 days from the date 

of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency: Provided further, That no 

other funds appropriated to the Department by this Act shall be 

available to the Department for support of activities of congressional 

relations. 

OFFICE OF COMMUNICATIONS

For necessary expenses to carry out services relating to the coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information, work, and programs authorized by Congress in the DepartVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
6

ment, $9,228,000: Provided, That not to exceed $2,000,000 may be 

used for farmers’ bulletins. 

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General, including employment pursuant to the Inspector General Act of 1978, 

$77,281,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private 

persons pursuant to section 6(a)(9) of the Inspector General Act of 

1978, and including not to exceed $125,000 for certain confidential 

operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to 

Public Law 95–452 and section 1337 of Public Law 97–98. 

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel, 

$34,700,000. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary salaries and expenses of the Office of the Under 

Secretary for Research, Education and Economics to administer the 

laws enacted by the Congress for the Economic Research Service, the 

National Agricultural Statistics Service, the Agricultural Research 

Service, and the Cooperative State Research, Education, and Extension Service, $596,000. 

ECONOMIC RESEARCH SERVICE

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

laws, $71,402,000. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics 

Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, marketing surveys, and the Census of Agriculture, as 

authorized by 7 U.S.C. 1621–1627 and 2204g, and other laws, 

$128,922,000, of which up to $25,279,000 shall be available until 

expended for the Census of Agriculture. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to enable the Agricultural Research 

Service to perform agricultural research and demonstration relating 

to production, utilization, marketing, and distribution (not otherwise provided for); home economics or nutrition and consumer use 

including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for 

land exchanges where the lands exchanged shall be of equal value 

7

or shall be equalized by a payment of money to the grantor which 

shall not exceed 25 percent of the total value of the land or interests 

transferred out of Federal ownership, $1,088,892,000: Provided, 

That appropriations hereunder shall be available for the operation 

and maintenance of aircraft and the purchase of not to exceed one 

for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building 

shall not exceed $375,000, except for headhouses or greenhouses 

which shall each be limited to $1,200,000, and except for 10 buildings to be constructed or improved at a cost not to exceed $750,000 

each, and the cost of altering any one building during the fiscal 

year shall not exceed 10 percent of the current replacement value of 

the building or $375,000, whichever is greater: Provided further, 

That the limitations on alterations contained in this Act shall not 

apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder 

shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out 

the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That 

funds may be received from any State, other political subdivision, 

organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law: Provided further, That all 

rights and title of the United States in the 1.0664-acre parcel of 

land including improvements, as recorded at Book 1320, Page 253, 

records of Larimer County, State of Colorado, shall be conveyed to 

the Board of Governors of the Colorado State University for the benefit of Colorado State University. 

None of the funds appropriated under this heading shall be 

available to carry out research related to the production, processing 

or marketing of tobacco or tobacco products. 

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as 

necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $63,810,000, 

to remain available until expended. 

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, 

$621,447,000, as follows: to carry out the provisions of the Hatch 

Act of 1887 (7 U.S.C. 361a–i), $180,148,000; for grants for cooperative forestry research (16 U.S.C. 582a through a–7), $21,884,000; for 

payments to the 1890 land-grant colleges, including Tuskegee University and West Virginia State College (7 U.S.C. 3222), 

$36,000,000, of which $1,507,496 shall be made available only for 

the purpose of ensuring that each institution shall receive no less 

8

than $1,000,000; for special grants for agricultural research (7 

U.S.C. 450i(c)), $111,312,000; for special grants for agricultural research on improved pest control (7 U.S.C. 450i(c)), $13,675,000; for 

competitive research grants (7 U.S.C. 450i(b)), $165,000,000; for the 

support of animal health and disease programs (7 U.S.C. 3195), 

$4,559,000; for supplemental and alternative crops and products (7 

U.S.C. 3319d), $1,069,000; for grants for research pursuant to the 

Critical Agricultural Materials Act (7 U.S.C. 178 et seq.), 

$1,118,000, to remain available until expended; for the 1994 research grants program for 1994 institutions pursuant to section 536 

of Public Law 103–382 (7 U.S.C. 301 note), $1,093,000, to remain 

available until expended; for rangeland research grants (7 U.S.C. 

3333), $900,000; for higher education graduate fellowship grants (7 

U.S.C. 3152(b)(6)), $2,900,000, to remain available until expended 

(7 U.S.C. 2209b); for higher education challenge grants (7 U.S.C. 

3152(b)(1)), $4,888,000; for a higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), $992,000, to remain available 

until expended (7 U.S.C. 2209b); for an education grants program 

for Hispanic-serving Institutions (7 U.S.C. 3241), $4,673,000; for 

noncompetitive grants for the purpose of carrying out all provisions 

of 7 U.S.C. 3242 (section 759 of Public Law 106–78) to individual 

eligible institutions or consortia of eligible institutions in Alaska 

and in Hawaii, with funds awarded equally to each of the States 

of Alaska and Hawaii, $3,150,000; for a secondary agriculture education program and 2-year post-secondary education (7 U.S.C. 

3152(j)), $895,000; for aquaculture grants (7 U.S.C. 3322), 

$4,024,000; for sustainable agriculture research and education (7 

U.S.C. 5811), $12,295,000; for a program of capacity building 

grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds 

under the Act of August 30, 1890 (7 U.S.C. 321–326 and 328), including Tuskegee University and West Virginia State College, 

$11,479,000, to remain available until expended (7 U.S.C. 2209b); 

for payments to the 1994 Institutions pursuant to section 534(a)(1) 

of Public Law 103–382, $1,689,000; and for necessary expenses of 

Research and Education Activities, $37,704,000. 

None of the funds appropriated under this heading shall be 

available to carry out research related to the production, processing 

or marketing of tobacco or tobacco products: Provided, That this 

paragraph shall not apply to research on the medical, biotechnological, food, and industrial uses of tobacco.

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

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

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico, 

Guam, the Virgin Islands, Micronesia, Northern Marianas, and 

American Samoa, $441,731,000, as follows: payments for cooperative extension work under the Smith-Lever Act, to be distributed 

under sections 3(b) and 3(c) of said Act, and under section 208(c) 

of Public Law 93–471, for retirement and employees’ compensation 

costs for extension agents, $279,390,000; payments for extension 

work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 

343(b)(3)), $2,946,000; payments for the nutrition and family eduVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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cation program for low-income areas under section 3(d) of the Act, 

$52,366,000; payments for the pest management program under section 3(d) of the Act, $9,620,000; payments for the farm safety program under section 3(d) of the Act, $4,940,000; payments to upgrade 

research, extension, and teaching facilities at the 1890 land-grant 

colleges, including Tuskegee University and West Virginia State 

College, as authorized by section 1447 of Public Law 95–113 (7 

U.S.C. 3222b), $15,000,000, to remain available until expended; 

payments for youth-at-risk programs under section 3(d) of the 

Smith-Lever Act, $7,583,000; for youth farm safety education and 

certification extension grants, to be awarded competitively under 

section 3(d) of the Act, $446,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C. 

1671 et seq.), $4,064,000; payments for Indian reservation agents 

under section 3(d) of the Smith-Lever Act, $1,785,000; payments for 

sustainable agriculture programs under section 3(d) of the Act, 

$4,359,000; payments for rural health and safety education as authorized by section 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)), 

$2,345,000; payments for cooperative extension work by the colleges 

receiving the benefits of the second Morrill Act (7 U.S.C. 321–326 

and 328) and Tuskegee University and West Virginia State College, 

$31,908,000, of which $1,724,884 shall be made available only for 

the purpose of ensuring that each institution shall receive no less 

than $1,000,000; for grants to youth organizations pursuant to section 7630 of title 7, United States Code, $2,683,000; and for necessary expenses of Extension Activities, $22,296,000. 

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants 

programs, including necessary administrative expenses, 

$50,493,000, as follows: for competitive grants programs authorized 

under section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7626), $39,793,000, including 

$11,598,000 for the water quality program, $13,384,000 for the food 

safety program, $4,052,000 for the regional pest management centers program, $4,371,000 for the Food Quality Protection Act risk 

mitigation program for major food crop systems, $1,338,000 for the 

crops affected by Food Quality Protection Act implementation, 

$3,150,000 for the methyl bromide transition program, and 

$1,900,000 for the organic transition program; for a competitive 

international science and education grants program authorized 

under section 1459A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain 

available until expended, $900,000; for grants programs authorized 

under section 2(c)(1)(B) of Public Law 89–106, as amended, 

$1,800,000, including $447,000, to remain available until September 30, 2005 for the critical issues program, and $1,353,000 for 

the regional rural development centers program; and $8,000,000 for 

the homeland security program authorized under section 1484 of the 

National Agricultural Research, Extension, and Teaching Act of 

1977, to remain available until September 30, 2005. 

10

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

For grants and contracts pursuant to section 2501 of the Food, 

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), 

$5,970,000, to remain available until expended. 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary salaries and expenses of the Office of the Under 

Secretary for Marketing and Regulatory Programs to administer 

programs under the laws enacted by the Congress for the Animal 

and Plant Health Inspection Service; the Agricultural Marketing 

Service; and the Grain Inspection, Packers and Stockyards Administration; $725,000. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For expenses, not otherwise provided for, necessary to prevent, 

control, and eradicate pests and plant and animal diseases; to carry 

out inspection, quarantine, and regulatory activities; and to protect 

the environment, as authorized by law, $720,580,000, of which 

$4,112,000 shall be available for the control of outbreaks of insects, 

plant diseases, animal diseases and for control of pest animals and 

birds to the extent necessary to meet emergency conditions; of which 

$51,000,000 shall be used for the boll weevil eradication program 

for cost share purposes or for debt retirement for active eradication 

zones: Provided, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year 

that does not require minimum matching by the States of at least 

40 percent: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase 

of not to exceed four, of which two shall be for replacement only: 

Provided further, That, in addition, in emergencies which threaten 

any segment of the agricultural production industry of this country, 

the Secretary may transfer from other appropriations or funds 

available to the agencies or corporations of the Department such 

sums as may be deemed necessary, to be available only in such 

emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal 

Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 

and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 

any unexpended balances of funds transferred for such emergency 

purposes in the preceding fiscal year shall be merged with such 

transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during 

the fiscal year shall not exceed 10 percent of the current replacement 

value of the building. 

In fiscal year 2004, the agency is authorized to collect fees to 

cover the total costs of providing technical assistance, goods, or servVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00014 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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ices requested by States, other political subdivisions, domestic and 

international organizations, foreign governments, or individuals, 

provided that such fees are structured such that any entity’s liability 

for such fees is reasonably based on the technical assistance, goods, 

or services provided to the entity by the agency, and such fees shall 

be credited to this account, to remain available until expended, 

without further appropriation, for providing such assistance, goods, 

or services. 

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 

2250, and acquisition of land as authorized by 7 U.S.C. 428a, 

$4,996,000, to remain available until expended. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses to carry out services related to consumer 

protection, agricultural marketing and distribution, transportation, 

and regulatory programs, as authorized by law, and for administration and coordination of payments to States, $75,430,000, including 

funds for the wholesale market development program for the design 

and development of wholesale and farmer market facilities for the 

major metropolitan areas of the country: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the 

alteration and repair of buildings and improvements, but the cost 

of altering any one building during the fiscal year shall not exceed 

10 percent of the current replacement value of the building: Provided further, That, in the case of the term of protection for the variety for which certificate number 8200179 was issued, on the date of 

enactment of this Act, the Secretary of Agriculture shall issue a new 

certificate for a term of protection of 10 years for the variety, except 

that the Secretary may terminate the certificate (at the end of any 

calendar year that is more than 5 years after the date of issuance 

of the certificate) if the Secretary determines that a new variety of 

seed (that is substantially based on the genetics of the variety for 

which the certificate was issued) is commercially viable and available in sufficient quantities to meet market demands. 

Fees may be collected for the cost of standardization activities, 

as established by regulation pursuant to law (31 U.S.C. 9701). 

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $62,577,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: 

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 

10 percent with notification to the Committees on Appropriations of 

both Houses of Congress. 

12

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24, 1935 

(7 U.S.C. 612c), shall be used only for commodity program expenses 

as authorized therein, and other related operating expenses, except 

for: (1) transfers to the Department of Commerce as authorized by 

the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise 

provided in this Act; and (3) not more than $15,392,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the 

Agricultural Act of 1961. 

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities 

under section 204(b) of the Agricultural Marketing Act of 1946 (7 

U.S.C. 1623(b)), $3,338,000, of which not less than $2,000,000 shall 

be used to make noncompetitive grants under this heading. 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United 

States Grain Standards Act, for the administration of the Packers 

and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related 

to grain under the Agricultural Marketing Act of 1946, $35,890,000: 

Provided, That this appropriation shall be available pursuant to 

law (7 U.S.C. 2250) for the alteration and repair of buildings and 

improvements, but the cost of altering any one building during the 

fiscal year shall not exceed 10 percent of the current replacement 

value of the building. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing 

services: Provided, That if grain export activities require additional 

supervision and oversight, or other uncontrollable factors occur, this 

limitation may be exceeded by up to 10 percent with notification to 

the Committees on Appropriations of both Houses of Congress.

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary salaries and expenses of the Office of the Under 

Secretary for Food Safety to administer the laws enacted by the 

Congress for the Food Safety and Inspection Service, $599,000. 

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by the 

Federal Meat Inspection Act, the Poultry Products Inspection Act, 

and the Egg Products Inspection Act, including not to exceed 

$50,000 for representation allowances and for expenses pursuant to 

section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 

13

$784,511,000, of which no less than $701,823,000 shall be available 

for Federal food safety inspection; and in addition, $1,000,000 may 

be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 50 full time equivalent positions above 

the fiscal year 2002 level shall be employed during fiscal year 2004 

for purposes dedicated solely to inspections and enforcement related 

to the Humane Methods of Slaughter Act: Provided further, That 

this appropriation shall be available pursuant to law (7 U.S.C. 

2250) for the alteration and repair of buildings and improvements, 

but the cost of altering any one building during the fiscal year shall 

not exceed 10 percent of the current replacement value of the building. 

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary salaries and expenses of the Office of the Under 

Secretary for Farm and Foreign Agricultural Services to administer 

the laws enacted by Congress for the Farm Service Agency, the Foreign Agricultural Service, the Risk Management Agency, and the 

Commodity Credit Corporation, $635,000. 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration and 

implementation of programs administered by the Farm Service 

Agency, $988,768,000: Provided, That the Secretary is authorized to 

use the services, facilities, and authorities (but not the funds) of the 

Commodity Credit Corporation to make program payments for all 

programs administered by the Agency: Provided further, That other 

funds made available to the Agency for authorized activities may be 

advanced to and merged with this account. 

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit 

Act of 1987, as amended (7 U.S.C. 5101–5106), $3,974,000. 

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments 

to dairy farmers and manufacturers of dairy products under a dairy 

indemnity program, $100,000, to remain available until expended: 

Provided, That such program is carried out by the Secretary in the 

same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and 

Related Agencies Appropriations Act, 2001 (Public Law 106–387, 

114 Stat. 1549A–12). 

14

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 

U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 

U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available 

from funds in the Agricultural Credit Insurance Fund, as follows: 

farm ownership loans, $1,079,158,000, of which $950,000,000 shall 

be for guaranteed loans and $129,158,000 shall be for direct loans; 

operating loans, $2,083,752,000, of which $1,200,000,000 shall be 

for unsubsidized guaranteed loans, $266,249,000 shall be for subsidized guaranteed loans and $617,503,000 shall be for direct loans; 

Indian tribe land acquisition loans, $2,000,000; and for boll weevil 

eradication program loans, $100,000,000. 

For the cost of direct and guaranteed loans, including the cost 

of modifying loans as defined in section 502 of the Congressional 

Budget Act of 1974, as follows: farm ownership loans, $33,648,000, 

of which $5,130,000 shall be for guaranteed loans, and $28,518,000 

shall be for direct loans; operating loans, $163,004,000, of which 

$39,960,000 shall be for unsubsidized guaranteed loans, 

$34,000,000 shall be for subsidized guaranteed loans, and 

$89,044,000 shall be for direct loans. 

In addition, for administrative expenses necessary to carry out 

the direct and guaranteed loan programs, $290,968,000, of which 

$283,020,000 shall be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’. 

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct 

loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both 

Houses of Congress are notified at least 15 days in advance of any 

transfer. 

RISK MANAGEMENT AGENCY

For administrative and operating expenses, as authorized by 

section 226A of the Department of Agriculture Reorganization Act of 

1994 (7 U.S.C. 6933), $71,422,000: Provided, That not to exceed 

$1,000 shall be available for official reception and representation 

expenses, as authorized by 7 U.S.C. 1506(i). 

CORPORATIONS 

The following corporations and agencies are hereby authorized 

to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord 

with law, and to make contracts and commitments without regard 

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out 

the programs set forth in the budget for the current fiscal year for 

such corporation or agency, except as hereinafter provided. 

15

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal Crop 

Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to 

remain available until expended.

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

For the current fiscal year, such sums as may be necessary to 

reimburse the Commodity Credit Corporation for net realized losses 

sustained, but not previously reimbursed, pursuant to section 2 of 

the Act of August 17, 1961 (15 U.S.C. 713a–11). 

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

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

cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 

9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961). 

TITLE II 

CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary salaries and expenses of the Office of the Under 

Secretary for Natural Resources and Environment to administer the 

laws enacted by the Congress for the Forest Service and the Natural 

Resources Conservation Service, $745,000. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the Act 

of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and 

water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary 

to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of 

information; acquisition of lands, water, and interests therein for 

use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of 

August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration 

or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $853,004,000, to remain available until expended (7 U.S.C. 2209b), of which not less than 

$9,250,000 is for snow survey and water forecasting, and not less 

than $11,500,000 is for operation and establishment of the plant 

16

materials centers, and of which not less than $23,500,000 shall be 

for the grazing lands conservation initiative: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 

for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations 

and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further, That when 

buildings or other structures are erected on non-Federal land, that 

the right to use such land is obtained as provided in 7 U.S.C. 

2250a: Provided further, That this appropriation shall be available 

for technical assistance and related expenses to carry out programs 

authorized by section 202(c) of title II of the Colorado River Basin 

Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, 

That qualified local engineers may be temporarily employed at per 

diem rates to perform the technical planning work of the Service: 

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

paragraph by this or any other appropriations Act may be used to 

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

WATERSHED SURVEYS AND PLANNING

For necessary expenses to conduct research, investigation, and 

surveys of watersheds of rivers and other waterways, and for small 

watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1009), 

$10,562,000: Provided, That none of the funds made available 

under this paragraph by this or any other appropriations Act may 

be used to provide technical assistance with respect to programs listed in section 1241(a) of the Food Security Act of 1985 (16 U.S.C. 

3841(a)). 

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of 

cultivation, the growing of vegetation, rehabilitation of existing 

works and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1005 and 

1007–1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 

590a–f), and in accordance with the provisions of laws relating to 

the activities of the Department, $87,000,000, to remain available 

until expended; of which up to $10,000,000 may be available for the 

watersheds authorized under the Flood Control Act (33 U.S.C. 701 

and 16 U.S.C. 1006a): Provided, That not to exceed $40,000,000 of 

this appropriation shall be available for technical assistance: Provided further, That not to exceed $1,000,000 of this appropriation 

is available to carry out the purposes of the Endangered Species Act 

of 1973 (Public Law 93–205), including cooperative efforts as contemplated by that Act to relocate endangered or threatened species 

to other suitable habitats as may be necessary to expedite project 

construction: Provided further, That none of the funds made available under this paragraph by this or any other appropriations Act 

may be used to provide technical assistance with respect to programs listed in section 1241(a) of the Food Security Act of 1985 (16 

U.S.C. 3841(a)). 

17

WATERSHED REHABILITATION PROGRAM

For necessary expenses to carry out rehabilitation of structural 

measures, in accordance with section 14 of the Watershed Protection 

and Flood Prevention Act (16 U.S.C. 1012), and in accordance with 

the provisions of laws relating to the activities of the Department, 

$29,805,000, to remain available until expended: Provided, That 

none of the funds made available under this paragraph by this or 

any other appropriations Act may be used to provide technical assistance with respect to programs listed in section 1241(a) of the 

Food Security Act of 1985 (16 U.S.C. 3841(a)). 

RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects 

for resource conservation and development and for sound land use 

pursuant to the provisions of sections 31 and 32 of the BankheadJones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the Act 

of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title XV of 

the Agriculture and Food Act of 1981 (16 U.S.C. 3451–3461), 

$51,947,000, to remain available until expended: Provided, That 

none of the funds made available under this paragraph by this or 

any other appropriations Act may be used to provide technical assistance with respect to programs listed in section 1241(a) of the 

Food Security Act of 1985 (16 U.S.C. 3841(a)): Provided further, 

That the Secretary shall enter into a cooperative or contribution 

agreement with a national association regarding a Resource Conservation and Development program and such agreement shall contain the same matching, contribution requirements, and funding 

level, set forth in a similar cooperative or contribution agreement 

with a national association in fiscal year 2002: Provided further, 

That not to exceed $3,504,300, the same amount as in the budget, 

shall be available for national headquarters activities. 

TITLE III 

RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary salaries and expenses of the Office of the Under 

Secretary for Rural Development to administer programs under the 

laws enacted by the Congress for the Rural Housing Service, the 

Rural Business-Cooperative Service, and the Rural Utilities Service 

of the Department of Agriculture, $636,000.

RURAL COMMUNITY ADVANCEMENT PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants, as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except 

for sections 381E–H and 381N of the Consolidated Farm and Rural 

Development Act, $757,425,000, to remain available until expended, 

of which $75,919,000 shall be for rural community programs described in section 381E(d)(1) of such Act; of which $605,006,000 

shall be for the rural utilities programs described in sections 

381E(d)(2), 306C(a)(2), and 306D of such Act, of which not to exceed 

18

$500,000 shall be available for the rural utilities program described 

in section 306(a)(2)(B) of such Act, and of which not to exceed 

$1,000,000 shall be available for the rural utilities program described in section 306E of such Act; and of which $76,500,000 shall 

be for the rural business and cooperative development programs described in sections 381E(d)(3) and 310B(f) of such Act: Provided, 

That of the amount appropriated for rural business and cooperative 

development programs, $100,000 shall be for a pilot program in the 

State of Alaska to assist communities with community planning: 

Provided further, That of the total amount appropriated in this account, $24,000,000 shall be for loans and grants to benefit Federally 

Recognized Native American Tribes, including grants for drinking 

water and waste disposal systems pursuant to section 306C of such 

Act, of which $4,000,000 shall be available for community facilities 

grants to tribal colleges, as authorized by section 306(a)(19) of the 

Consolidated Farm and Rural Development Act, and of which 

$250,000 shall be available for a grant to a qualified national organization to provide technical assistance for rural transportation in 

order to promote economic development: Provided further, That of 

the amount appropriated for rural community programs, $6,000,000 

shall be available for a Rural Community Development Initiative: 

Provided further, That such funds shall be used solely to develop 

the capacity and ability of private, nonprofit community-based 

housing and community development organizations, low-income 

rural communities, and Federally Recognized Native American 

Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: 

Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: 

Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for 

related activities, in an amount not less than funds provided: Provided further, That of the amount appropriated for the rural business and cooperative development programs, not to exceed $500,000 

shall be made available for a grant to a qualified national organization to provide technical assistance for rural transportation in 

order to promote economic development; $1,750,000 shall be for 

grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.); and 

not less than $2,000,000 shall be available for grants in accordance 

with section 310B(f) of the Consolidated Farm and Rural Development Act: Provided further, That of the amount appropriated for 

rural utilities programs, not to exceed $25,000,000 shall be for 

water and waste disposal systems to benefit the Colonias along the 

United States/Mexico border, including grants pursuant to section 

306C of such Act; not to exceed $28,000,000 shall be for water and 

waste disposal systems for rural and native villages in Alaska pursuant to section 306D of such Act, with up to 1 percent available 

to administer the program and up to 1 percent available to improve 

interagency coordination may be transferred to and merged with the 

appropriation for ‘‘Rural Development, Salaries and Expenses’’, of 

which $100,000 shall be provided to develop a regional system for 

centralized billing, operation, and management of rural water and 

sewer utilities through regional cooperatives, of which 25 percent 

shall be provided for water and sewer projects in regional hubs, and 

19

the State of Alaska shall provide a 25 percent cost share; not to exceed $17,733,000 shall be for technical assistance grants for rural 

water and waste systems pursuant to section 306(a)(14) of such Act, 

of which $5,513,000 shall be for Rural Community Assistance Programs; and not to exceed $13,000,000 shall be for contracting with 

qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, 

That of the amount appropriated for the circuit rider program, 

Alaska shall receive two additional full circuit rider contracts and 

not less than $750,000 shall be for contracting with qualified national organizations to establish a Native American circuit rider 

program to provide technical assistance for rural water systems: 

Provided further, That of the total amount appropriated, not to exceed $22,132,000 shall be available through June 30, 2004, for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones; of which $1,000,000 shall be for the 

rural community programs described in section 381E(d)(1) of such 

Act, of which $12,582,000 shall be for the rural utilities programs 

described in section 381E(d)(2) of such Act, and of which $8,550,000 

shall be for the rural business and cooperative development programs described in section 381E(d)(3) of such Act: Provided further, 

That of the amount appropriated for rural community programs, 

not to exceed $22,000,000 shall be to provide grants for facilities in 

rural communities with extreme unemployment and severe economic 

depression (Public Law 106–387), with 5 percent for administration 

and capacity building in the State rural development offices: Provided further, That of the amount appropriated, $28,000,000 shall 

be transferred to and merged with the ‘‘Rural Utilities Service, High 

Energy Cost Grants Account’’ to provide grants authorized under 

section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): 

Provided further, That any prior year balances for high cost energy 

grants authorized by section 19 of the Rural Electrification Act of 

1936 (7 U.S.C. 901(19)) shall be transferred to and merged with the 

‘‘Rural Utilities Service, High Energy Costs Grants Account’’. 

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration and 

implementation of programs in the Rural Development mission 

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative 

agreements;$141,869,000: Provided, That notwithstanding any other 

provision of law, funds appropriated under this section may be used 

for advertising and promotional activities that support the Rural 

Development mission area: Provided further, That not more than 

$10,000 may be expended to provide modest nonmonetary awards to 

non-USDA employees: Provided further, That any balances available from prior years for the Rural Utilities Service, Rural Housing 

Service, and the Rural Business-Cooperative Service salaries and 

expenses accounts shall be transferred to and merged with this appropriation. 

20

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and 

guaranteed loans as authorized by title V of the Housing Act of 

1949, to be available from funds in the rural housing insurance 

fund, as follows: $4,091,634,000 for loans to section 502 borrowers, 

as determined by the Secretary, of which $1,366,462,000 shall be for 

direct loans, and of which $2,725,172,000 shall be for unsubsidized 

guaranteed loans; $35,004,000 for section 504 housing repair loans; 

$116,545,000 for section 515 rental housing; $100,000,000 for section 538 guaranteed multi-family housing loans; $5,045,000 for section 524 site loans; $11,500,000 for credit sales of acquired property, 

of which up to $1,500,000 may be for multi-family credit sales; and 

$2,400,000 for section 523 self-help housing land development loans. 

For the cost of direct and guaranteed loans, including the cost 

of modifying loans, as defined in section 502 of the Congressional 

Budget Act of 1974, as follows: section 502 loans, $165,921,000, of 

which $126,018,000 shall be for direct loans, and of which 

$39,903,000, to remain available until expended, shall be for unsubsidized guaranteed loans; section 504 housing repair loans, 

$9,612,000; section 515 rental housing, $50,126,000; section 538 

multi-family housing guaranteed loans, $5,950,000; multi-family 

credit sales of acquired property, $663,000; and section 523 self-help 

housing land development loans, $75,000: Provided, That of the 

total amount appropriated in this paragraph, $7,100,000 shall be 

available through June 30, 2004, for authorized empowerment zones 

and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones. 

In addition, for administrative expenses necessary to carry out 

the direct and guaranteed loan programs, $443,302,000, which 

shall be transferred to and merged with the appropriation for 

‘‘Rural Development, Salaries and Expenses’’. 

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered 

into in lieu of debt forgiveness or payments for eligible households 

as authorized by section 502(c)(5)(D) of the Housing Act of 1949, 

$584,000,000; and, in addition, such sums as may be necessary, as 

authorized by section 521(c) of the Act, to liquidate debt incurred 

prior to fiscal year 1992 to carry out the rental assistance program 

under section 521(a)(2) of the Act: Provided, That of this amount, 

not more than $5,900,000 shall be available for debt forgiveness or 

payments for eligible households as authorized by section 

502(c)(5)(D) of the Act, and not to exceed $20,000 per project for advances to nonprofit organizations or public agencies to cover direct 

costs (other than purchase price) incurred in purchasing projects 

pursuant to section 502(c)(5)(C) of the Act: Provided further, That 

agreements entered into or renewed during the current fiscal year 

shall be funded for a four-year period: Provided further, That any 

unexpended balances remaining at the end of such four-year agreements may be transferred and used for the purposes of any debt reVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
21

duction; maintenance, repair, or rehabilitation of any existing 

projects; preservation; and rental assistance activities authorized 

under title V of the Act. 

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the 

Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain 

available until expended: Provided, That of the total amount appropriated, $1,000,000 shall be available through June 30, 2004, for 

authorized empowerment zones and enterprise communities and 

communities designated by the Secretary of Agriculture as Rural 

Economic Area Partnership Zones. 

RURAL HOUSING ASSISTANCE GRANTS

For grants and contracts for very low-income housing repair, 

supervisory and technical assistance, compensation for construction 

defects, and rural housing preservation made by the Rural Housing 

Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 

1490m, $46,222,000, to remain available until expended, of which 

$5,000,000 shall be available for a processing and/or fishery workers housing demonstration project in Alaska, Mississippi, Utah, and 

Wisconsin: Provided, That of the total amount appropriated, 

$1,800,000 shall be available through June 30, 2004, for authorized 

empowerment zones and enterprise communities and communities 

designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones.

FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized 

by 42 U.S.C. 1484 and 1486, $36,307,000, to remain available until 

expended, for direct farm labor housing loans and domestic farm 

labor housing grants and contracts. 

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by the 

Rural Development Loan Fund (42 U.S.C. 9812(a)), $40,000,000. 

For the cost of direct loans, $17,308,000, as authorized by the 

Rural Development Loan Fund (42 U.S.C. 9812(a)), of which 

$1,724,000 shall be available through June 30, 2004, for Federally 

Recognized Native American Tribes and of which $3,449,000 shall 

be available through June 30, 2004, for the Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974: Provided further, That of the 

total amount appropriated, $2,447,000 shall be available through 

June 30, 2004, for the cost of direct loans for authorized empowerment zones and enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area 

Partnership Zones. 

22

In addition, for administrative expenses to carry out the direct loan programs, $4,272,000 shall be transferred to and merged with 

the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under 

section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, 

$15,002,000. 

For the cost of direct loans, including the cost of modifying 

loans as defined in section 502 of the Congressional Budget Act of 

1974, $2,792,000. 

Of the funds derived from interest on the cushion of credit payments in the current fiscal year, as authorized by section 313 of the 

Rural Electrification Act of 1936, $2,792,000 shall not be obligated 

and $2,792,000 are rescinded. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act 

(7 U.S.C. 1932), $24,000,000, of which $2,500,000 shall be for cooperative agreements for the appropriate technology transfer for rural 

areas program: Provided, That not to exceed $1,500,000 shall be for 

cooperatives or associations of cooperatives whose primary focus is 

to provide assistance to small, minority producers and whose governing board and/or membership is comprised of at least 75 percent 

minority; and of which not to exceed $15,000,000, to remain available until expended, shall be for value-added agricultural product 

market development grants, as authorized by section 6401 of the 

Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 

note). 

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES

GRANTS

For grants in connection with second and third rounds of em- powerment zones and enterprise communities, $12,667,000, to remain available until expended, for designated rural empowerment 

zones and rural enterprise communities, as authorized by the Taxpayer Relief Act of 1997 and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–

277): Provided, That of the funds appropriated, $1,000,000 shall be 

made available to third round empowerment zones, as authorized 

by the Community Renewal Tax Relief Act (Public Law 106–554). 

RENEWABLE ENERGY PROGRAM

For the cost of a program of direct loans, loan guarantees, and 

grants, under the same terms and conditions as authorized by section 9006 of the Farm Security and Rural Investment Act of 2002 

(7 U.S.C. 8106), $23,000,000 for direct and guaranteed renewable 

energy loans and grants: Provided, That the cost of direct loans and 

loan guarantees, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974. 

23

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Insured loans pursuant to the authority of section 305 of the 

Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made as 

follows: 5 percent rural electrification loans, $240,000,000; municipal rate rural electric loans, $1,000,000,000; loans made pursuant 

to section 306 of that Act, rural electric, $2,000,000,000; Treasury 

rate direct electric loans, $750,000,000; 5 percent rural telecommunications loans, $145,000,000; cost of money rural telecommunications loans, $250,000,000; loans made pursuant to section 306 of that Act, rural telecommunications loans, $120,000,000; 

and for guaranteed underwriting loans pursuant to section 313A, 

$1,000,000,000. 

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, including the cost of modifying loans, of direct 

and guaranteed loans authorized by sections 305 and 306 of the 

Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: 

cost of rural electric loans, $60,000, and the cost of telecommunication loans, $125,000: Provided, That notwithstanding section 

305(d)(2) of the Rural Electrification Act of 1936, borrower interest 

rates may exceed 7 percent per year. 

In addition, for administrative expenses necessary to carry out 

the direct and guaranteed loan programs, $37,853,000 which shall 

be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

RURAL TELEPHONE BANK PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such 

expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out its authorized programs. During fiscal year 

2004 and within the resources and authority available, gross obligations for the principal amount of direct loans shall be $173,503,000.

In addition, for administrative expenses, including audits, necessary to carry out the loan programs, $3,171,000, which shall be 

transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’. 

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of direct distance learning and telemedicine loans, $300,000,000; and for the principal amount of direct broadband telecommunication loans, $602,000,000. 

For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $39,000,000, 

to remain available until expended: Provided, That $14,000,000 

shall be made available to convert analog to digital operation those 

noncommercial educational television broadcast stations that serve 

24

rural areas and are qualified for Community Service Grants by the 

Corporation for Public Broadcasting under section 396(k) of the 

Communications Act of 1934, including associated translators, repeaters, and studio-to-transmitter links. 

For the cost of broadband loans, as authorized by 7 U.S.C. 901 

et seq., $13,116,000: Provided, That the interest rate for such loans 

shall be the cost of borrowing to the Department of the Treasury for 

obligations of comparable maturity: Provided further, That the cost 

of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. 

In addition, $9,000,000, to remain available until expended, for 

a grant program to finance broadband transmission in rural areas 

eligible for Distance Learning and Telemedicine Program benefits 

authorized by 7 U.S.C. 950aaa. 

TITLE IV 

DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary salaries and expenses of the Office of the Under 

Secretary for Food, Nutrition and Consumer Services to administer 

the laws enacted by the Congress for the Food and Nutrition Service, $599,000. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the National School Lunch 

Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; 

$11,417,441,000, to remain available through September 30, 2005, 

of which $6,717,780,000 is hereby appropriated and $4,699,661,000 

shall be derived by transfer from funds available under section 32 

of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That 

$5,000,000 shall be available for the Food and Nutrition Service to 

conduct a study of over and under certification errors and the effect 

on expenditures in the National School Lunch and School Breakfast 

Programs and an assessment of the feasibility of using income data 

matching in those programs: Provided further, That except as specifically provided under this heading, none of the funds made available under this heading shall be used for studies and evaluations: 

Provided further, That up to $5,235,000 shall be available for independent verification of school food service claims. 

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 

AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental 

nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $4,639,232,000, to remain available through September 30, 2005: Provided, That of the total 

amount available, the Secretary shall obligate not less than 

25

$15,000,000 for a breastfeeding support initiative in addition to the 

activities specified in section 17(h)(3)(A) and up to $25,000,000 for 

a management information system initiative upon a determination 

by the Secretary that funds are available to meet caseload requirements: Provided further, That up to $4,000,000 shall be available 

for pilot projects to prevent childhood obesity upon a determination 

by the Secretary that funds are available to meet caseload requirements: Provided further, That of the total amount available, the 

Secretary shall obligate $23,000,000 for the farmers’ market nutrition program: Provided further, That notwithstanding section 

17(h)(10)(A) of such Act, $14,000,000 shall be available for the purposes specified in section 17(h)(10)(B): Provided further, That none 

of the funds made available under this heading shall be used for 

studies and evaluations: Provided further, That none of the funds 

in this Act shall be available to pay administrative expenses of WIC 

clinics except those that have an announced policy of prohibiting 

smoking within the space used to carry out the program: Provided 

further, That none of the funds provided in this account shall be 

available for the purchase of infant formula except in accordance 

with the cost containment and competitive bidding requirements 

specified in section 17 of such Act: Provided further, That none of 

the funds provided shall be available for activities that are not fully 

reimbursed by other Federal Government departments or agencies 

unless authorized by section 17 of such Act. 

FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 2011 et seq.), $30,945,981,000, of which $3,000,000,000 shall 

be placed in reserve for use only in such amounts and at such times 

as may become necessary to carry out program operations: Provided, 

That none of the funds made available under this heading shall be 

used for studies and evaluations: Provided further, That of the 

funds made available under this heading and not already appropriated to the Food Distribution Program on Indian Reservations 

(FDPIR) established under section 4(b) of the Food Stamp Act of 

1977 (7 U.S.C. 2013(b)), not to exceed $4,000,000 shall be used to 

purchase bison meat for the FDPIR from Native American bison 

producers as well as from producer-owned cooperatives of bison 

ranchers: Provided further, That funds provided herein shall be expended in accordance with section 16 of the Food Stamp Act: Provided further, That this appropriation shall be subject to any work 

registration or workfare requirements as may be required by law: 

Provided further, That funds made available for Employment and 

Training under this heading shall remain available until expended, 

as authorized by section 16(h)(1) of the Food Stamp Act. 

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and the 

commodity supplemental food program as authorized by section 4(a) 

of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 

612c note); the Emergency Food Assistance Act of 1983; and special 

assistance (in a form determined by the Secretary of Agriculture) for 

the nuclear affected islands, as authorized by section 103(h)(2) of 

the Compact of Free Association Act of 1985 (48 U.S.C. 1903(h)(2)) 

(or a successor law), $150,000,000, to remain available through SepVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00029 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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tember 30, 2005: Provided, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program. 

NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the domestic nutrition 

assistance programs funded under this Act, $138,304,000, of which 

$5,000,000 shall be available only for simplifying procedures, reducing overhead costs, tightening regulations, improving food stamp 

benefit delivery, and assisting in the prevention, identification, and 

prosecution of fraud and other violations of law; and of which not 

less than $4,000,000 shall be available to improve integrity in the 

Food Stamp and Child Nutrition programs. 

TITLE V 

FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 

U.S.C. 1761–1769), market development activities abroad, and for 

enabling the Secretary to coordinate and integrate activities of the 

Department in connection with foreign agricultural work, including 

not to exceed $158,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 

U.S.C. 1766), $132,148,000: Provided, That the Service may utilize 

advances of funds, or reimburse this appropriation for expenditures 

made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the 

agricultural food production assistance programs (7 U.S.C. 1737) 

and the foreign assistance programs of the United States Agency for 

International Development. 

PUBLIC LAW 480 TITLE I PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, of agreements under the Agricultural Trade Development and Assistance Act of 1954, and the Food for Progress 

Act of 1985, including the cost of modifying credit arrangements 

under said Acts, $103,887,000, to remain available until expended. 

In addition, for administrative expenses to carry out the credit 

program of title I, Public Law 83–480, and the Food for Progress 

Act of 1985, to the extent funds appropriated for Public Law 83–480 

are utilized, $2,134,000, of which $1,075,000 may be transferred to 

and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of which $1,059,000 may be transferred to and merged with the appropriation for ‘‘Farm Service 

Agency, Salaries and Expenses’’. 

27

PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

(INCLUDING TRANSFER OF FUNDS)

For ocean freight differential costs for the shipment of agricultural commodities under title I of the Agricultural Trade Development and Assistance Act of 1954 and under the Food for Progress 

Act of 1985, $28,000,000, to remain available until expended: Provided, That funds made available for the cost of agreements under 

title I of the Agricultural Trade Development and Assistance Act of 

1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the Committees on Appropriations of both Houses of Congress. 

PUBLIC LAW 480 TITLE II GRANTS

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Agricultural Trade Development and Assistance Act 

of 1954, for commodities supplied in connection with dispositions 

abroad under title II of said Act, $1,192,000,000, to remain available until expended. 

MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section 

3107 of the Farm Security and Rural Investment Act of 2002 (7 

U.S.C. 1736o–1), $50,000,000, to remain available until expended: 

Provided, That the Commodity Credit Corporation is authorized to 

provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts 

provided herein. 

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit 

Corporation’s export guarantee program, GSM 102 and GSM 103, 

$4,152,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in 

conformity with the Federal Credit Reform Act of 1990, of which 

$3,306,000 may be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and 

of which $846,000 may be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

28

TITLE VI 

RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration, 

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–

313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose 

space in the District of Columbia or elsewhere; for miscellaneous 

and emergency expenses of enforcement activities, authorized and 

approved by the Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188; $1,673,441,000: Provided, That of 

the amount provided under this heading, $249,825,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 

379h, and shall be credited to this account and remain available 

until expended; $31,654,000 shall be derived from medical device 

user fees authorized by 21 U.S.C. 379j, and shall be credited to this 

account and remain available until expended; and $5,000,000 shall 

be derived from animal drug user fees (subject to enactment of legislation authorizing such fees), and shall be credited to this account 

and remain available until expended: Provided further, That fees 

derived from prescription drug, medical device, and animal drug 

assessments received during fiscal year 2004, including any such 

fees assessed prior to the current fiscal year but credited during the 

current year, shall be subject to the fiscal year 2004 limitation: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 

9701: Provided further, That of the total amount appropriated: (1) 

$413,112,000 shall be for the Center for Food Safety and Applied 

Nutrition and related field activities in the Office of Regulatory Affairs; (2) $477,966,000 shall be for the Center for Drug Evaluation 

and Research and related field activities in the Office of Regulatory 

Affairs; (3) $169,429,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of 

Regulatory Affairs; (4) $89,396,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $209,420,000 shall be for the Center for Devices 

and Radiological Health and for related field activities in the Office 

of Regulatory Affairs; (6) $39,887,000 shall be for the National Center for Toxicological Research; (7) $39,276,000 shall be for Rent and 

Related activities, other than the amounts paid to the General Services Administration for rent; (8) $119,594,000 shall be for payments 

to the General Services Administration for rent; and (9) 

$115,361,000 shall be for other activities, including the Office of the 

Commissioner; the Office of Management and Systems; the Office of 

External Relations; the Office of Policy and Planning; and central 

services for these offices: Provided further, That funds may be transVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00032 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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ferred from one specified activity to another with the prior approval 

of the Committees on Appropriations of both Houses of Congress. 

In addition, mammography user fees authorized by 42 U.S.C. 

263b may be credited to this account, to remain available until expended. 

In addition, export certification user fees authorized by 21 

U.S.C. 381 may be credited to this account, to remain available 

until expended. 

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the 

Food and Drug Administration, where not otherwise provided, 

$7,000,000 to remain available until expended.

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase 

and hire of passenger motor vehicles, and the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, $90,435,000, including not to exceed $3,000 for official reception and representation expenses. 

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $40,900,000 (from assessments collected from 

farm credit institutions and from the Federal Agricultural Mortgage 

Corporation) shall be obligated during the current fiscal year for 

administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated 

with receiverships. 

TITLE VII—GENERAL PROVISIONS 

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for 

the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 

398 passenger motor vehicles, of which 396 shall be for replacement 

only, and for the hire of such vehicles. 

SEC. 702. Funds in this Act available to the Department of Agriculture shall be available for uniforms or allowances therefor as 

authorized by law (5 U.S.C. 5901–5902). 

SEC. 703. Funds appropriated by this Act shall be available for 

employment pursuant to the second sentence of section 706(a) of the 

Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 

5 U.S.C. 3109. 

SEC. 704. The Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or 

other available unobligated discretionary balances of the Department of Agriculture to the Working Capital Fund for the acquisition 

of plant and capital equipment necessary for the delivery of finanVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00033 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
30

cial, administrative, and information technology services of primary 

benefit to the agencies of the Department of Agriculture: Provided, 

That none of the funds made available by this Act or any other Act 

shall be transferred to the Working Capital Fund without the prior 

approval of the agency administrator: Provided further, That none 

of the funds transferred to the Working Capital Fund pursuant to 

this section shall be available for obligation without the prior approval of the Committees on Appropriations of both Houses of Congress. 

SEC. 705. New obligational authority provided for the following 

appropriation items in this Act shall remain available until expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, information technology infrastructure, fruit fly program, emerging plant pests, boll weevil 

program, and up to 25 percent of the screwworm program; Food 

Safety and Inspection Service, field automation and information 

management project; Cooperative State Research, Education, and 

Extension Service, funds for competitive research grants (7 U.S.C. 

450i(b)), funds for the Research, Education, and Economics Information System (REEIS), and funds for the Native American Institutions Endowment Fund; Farm Service Agency, salaries and expenses funds made available to county committees; Foreign Agricultural Service, middle-income country training program and up to 

$2,000,000 of the Foreign Agricultural Service appropriation solely 

for the purpose of offsetting fluctuations in international currency 

exchange rates, subject to documentation by the Foreign Agricultural Service. 

SEC. 706. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein.

SEC. 707. Not to exceed $50,000 of the appropriations available 

to the Department of Agriculture in this Act shall be available to 

provide appropriate orientation and language training pursuant to 

section 606C of the Act of August 28, 1954 (7 U.S.C. 1766b). 

SEC. 708. No funds appropriated by this Act may be used to pay 

negotiated indirect cost rates on cooperative agreements or similar 

arrangements between the United States Department of Agriculture 

and nonprofit institutions in excess of 10 percent of the total direct 

cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two 

parties. This does not preclude appropriate payment of indirect costs 

on grants and contracts with such institutions when such indirect 

costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 

SEC. 709. None of the funds in this Act shall be available to restrict the authority of the Commodity Credit Corporation to lease 

space for its own use or to lease space on behalf of other agencies 

of the Department of Agriculture when such space will be jointly occupied. 

SEC. 710. None of the funds in this Act shall be available to pay 

indirect costs charged against competitive agricultural research, 

education, or extension grant awards issued by the Cooperative 

State Research, Education, and Extension Service that exceed 20 

percent of total Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National AgriculVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00034 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
31

tural Research, Extension, and Teaching Policy Act of 1977 (7 

U.S.C. 3310), funds provided by this Act for grants awarded competitively by the Cooperative State Research, Education, and Extension Service shall be available to pay full allowable indirect costs 

for each grant awarded under section 9 of the Small Business Act 

(15 U.S.C. 638). 

SEC. 711. Notwithstanding any other provision of this Act, all 

loan levels provided in this Act shall be considered estimates, not 

limitations. 

SEC. 712. Appropriations to the Department of Agriculture for 

the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to cover obligations made in the current fiscal year for the following accounts: 

the Rural Development Loan Fund program account, the Rural 

Telephone Bank program account, the Rural Electrification and 

Telecommunication Loans program account, the Rural Housing Insurance Fund program account, and the Rural Economic Development Loans program account. 

SEC. 713. None of the funds in this Act may be used to retire 

more than 5 percent of the Class A stock of the Rural Telephone 

Bank or to maintain any account or subaccount within the accounting records of the Rural Telephone Bank the creation of which has 

not specifically been authorized by statute: Provided, That notwithstanding any other provision of law, none of the funds appropriated 

or otherwise made available in this Act may be used to transfer to 

the Treasury or to the Federal Financing Bank any unobligated balance of the Rural Telephone Bank telephone liquidating account 

which is in excess of current requirements and such balance shall 

receive interest as set forth for financial accounts in section 505(c) 

of the Federal Credit Reform Act of 1990. 

SEC. 714. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and 

task forces of the Department of Agriculture, except for panels used 

to comply with negotiated rule makings and panels used to evaluate 

competitively awarded grants. 

SEC. 715. None of the funds appropriated by this Act may be 

used to carry out section 410 of the Federal Meat Inspection Act (21 

U.S.C. 679a) or section 30 of the Poultry Products Inspection Act 

(21 U.S.C. 471). 

SEC. 716. No employee of the Department of Agriculture may be 

detailed or assigned from an agency or office funded by this Act to 

any other agency or office of the Department for more than 30 days 

unless the individual’s employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses 

of the employee for the period of assignment. 

SEC. 717. None of the funds appropriated or otherwise made 

available to the Department of Agriculture shall be used to transmit 

or otherwise make available to any non-Department of Agriculture 

employee questions or responses to questions that are a result of information requested for the appropriations hearing process. 

SEC. 718. None of the funds made available to the Department 

of Agriculture by this Act may be used to acquire new information 

technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the 

32

Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That 

notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the 

prior approval of the Committees on Appropriations of both Houses 

of Congress. 

SEC. 719. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury of 

the United States derived by the collection of fees available to the 

agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new 

programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity 

for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or 

(6) contracts out or privatizes any functions or activities presently 

performed by Federal employees; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. 

(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal 

year, or provided from any accounts in the Treasury of the United 

States derived by the collection of fees available to the agencies 

funded by this Act, shall be available for obligation or expenditure 

for activities, programs, or projects through a reprogramming of 

funds in excess of $500,000 or 10 percent, whichever is less, that: 

(1) augments existing programs, projects, or activities; (2) reduces by 

10 percent funding for any existing program, project, or activity, or 

numbers of personnel by 10 percent as approved by Congress; or (3) 

results from any general savings from a reduction in personnel 

which would result in a change in existing programs, activities, or 

projects as approved by Congress; unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of funds. 

(c) The Secretary of Agriculture, the Secretary of Health and 

Human Services, or the Chairman of the Commodity Futures Trading Commission shall notify the Committees on Appropriations of 

both Houses of Congress before implementing a program or activity 

not carried out during the previous fiscal year unless the program 

or activity is funded by this Act or specifically funded by any other 

Act. 

SEC. 720. With the exception of funds needed to administer and 

conduct oversight of grants awarded and obligations incurred in 

prior fiscal years, none of the funds appropriated or otherwise made 

available by this or any other Act may be used to pay the salaries 

and expenses of personnel to carry out the provisions of section 401 

of Public Law 105–185, the Initiative for Future Agriculture and 

Food Systems (7 U.S.C. 7621).

SEC. 721. None of the funds appropriated by this or any other 

Act shall be used to pay the salaries and expenses of personnel who 

prepare or submit appropriations language as part of the PresiVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00036 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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dent’s Budget submission to the Congress of the United States for 

programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have 

not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which additional spending 

reductions should occur in the event the user fees proposals are not 

enacted prior to the date of the convening of a committee of conference for the fiscal year 2005 appropriations Act. 

SEC. 722. None of the funds made available by this or any other 

Act may be used to close or relocate a state Rural Development office 

unless or until cost effectiveness and enhancement of program delivery have been determined. 

SEC. 723. In addition to amounts otherwise appropriated or made available by this Act, $3,000,000 is appropriated for the purpose of providing Bill Emerson and Mickey Leland Hunger Fellowships, as authorized by Public Law 108–58. 

SEC. 724. Notwithstanding section 412 of the Agricultural 

Trade Development and Assistance Act of 1954 (7 U.S.C. 1736f), 

any balances available to carry out title III of such Act as of the 

date of enactment of this Act, and any recoveries and reimbursements that become available to carry out title III of such Act, may 

be used to carry out title II of such Act. 

SEC. 725. Of any shipments of commodities made pursuant to 

section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)), the 

Secretary of Agriculture shall, to the extent practicable, direct that 

tonnage equal in value to not more than $25,000,000 shall be made 

available to foreign countries to assist in mitigating the effects of the 

Human Immunodeficiency Virus and Acquired Immune Deficiency 

Syndrome on communities, including the provision of—

(1) agricultural commodities to—

(A) individuals with Human Immunodeficiency Virus 

or Acquired Immune Deficiency Syndrome in the communities; and 

(B) households in the communities, particularly individuals caring for orphaned children; and 

(2) agricultural commodities monetized to provide other assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods 

among individuals in the communities, particularly individuals 

caring for orphaned children. 

SEC. 726. Section 375(e)(6)(B) of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by 

striking ‘‘$26,499,000’’ and inserting ‘‘$26,998,000’’. 

SEC. 727. Notwithstanding any other provision of law, the Natural Resources Conservation Service may provide financial and 

technical assistance through the Watershed and Flood Prevention 

Operations program for the Kuhn Bayou and Ditch 26 Improvement 

projects in Arkansas, the Matanuska River erosion control project in 

Alaska, the DuPage County Sawmill Creek Watershed project in Illinois, and the Coal Creek project in Utah, and four flood control 

structures in Marmaton, Kansas. 

SEC. 728. Notwithstanding any other provision of law, the Secretary shall consider the County of Lawrence, Ohio; the City of 

34

Havelock, North Carolina; the City of Portsmouth, Ohio; the City of 

Binghamton, New York; the Town of Vestal, New York; the City of 

Ithaca, New York; the City of Casa Grande, Arizona; the City of 

Clarksdale, Mississippi; the City of Coachella, California; the City 

of Salinas, California; the City of Watsonville, California; the City 

of Hollister, California; the Municipality of Carolina, Puerto Rico; 

and the City of Kinston, North Carolina, as meeting the eligibility 

requirements for loans and grants programs in the Rural Development mission area. 

SEC. 729. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and 

technical assistance to the DuPage County, Illinois, Kress Creek Watershed Plan, from funds available for the Watershed and Flood 

Prevention Operations program, not to exceed $1,600,000 and 

Rockhouse Creek Watershed, Leslie County, Kentucky, not to exceed 

$1,000,000. 

SEC. 730. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this or any other appropriation 

Act. 

SEC. 731. None of the funds made available to the Food and 

Drug Administration by this Act shall be used to close or relocate, 

or to plan to close or relocate, the Food and Drug Administration 

Division of Pharmaceutical Analysis in St. Louis, Missouri, outside 

the city or county limits of St. Louis, Missouri. 

SEC. 732. Agencies and offices of the Department of Agriculture 

may utilize any unobligated salaries and expenses funds to reimburse the Office of the General Counsel for salaries and expenses of 

personnel, and for other related expenses, incurred in representing 

such agencies and offices in the resolution of complaints by employees or applicants for employment, and in cases and other matters 

pending before the Equal Employment Opportunity Commission, the 

Federal Labor Relations Authority, or the Merit Systems Protection 

Board with the prior approval of the Committees on Appropriations 

of both Houses of Congress. 

SEC. 733. Notwithstanding any other provision of law, of the 

funds made available in this Act for competitive research grants (7 

U.S.C. 450i(b)), the Secretary may use up to 20 percent of the 

amount provided to carry out a competitive grants program under 

the same terms and conditions as those provided in section 401 of 

the Agricultural Research, Extension, and Education Reform Act of 

1998 (7 U.S.C. 7621), including requests for proposals for grants for 

critical emerging issues described in section 401(c)(1) of that Act for 

which the Secretary has not issued requests for proposals for grants 

in fiscal year 2002 or 2003. 

SEC. 734. None of the funds appropriated or made available by 

this or any other Act may be used to pay the salaries and expenses 

of personnel to carry out section 14(h)(1) of the Watershed Protection 

and Flood Prevention Act (16 U.S.C. 1012(h)(1)). 

SEC. 735. Notwithstanding any other provision of law, the Natural Resources Conservation Service shall provide financial and 

technical assistance through the Watershed and Flood Prevention 

Operations program to carry out the Upper Tygart Valley Watershed 

project, West Virginia: Provided, That the Natural Resources ConVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00038 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
35

servation Service is authorized to provide 100 percent of the engineering assistance and 75 percent cost share for installation of the 

water supply component of this project. 

SEC. 736. None of the funds appropriated or made available by 

this or any other Act may be used to pay the salaries and expenses 

of personnel to carry out subtitle I of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 2009dd through dd–7). 

SEC. 737. None of the funds appropriated or made available by 

this or any other Act may be used to pay the salaries and expenses 

of personnel to carry out section 6405 of Public Law 107–171 (7 

U.S.C. 2655). 

SEC. 738. None of the funds appropriated or otherwise made 

available by this Act shall be used to pay the salaries and expenses 

of personnel to carry out the provisions of sections 7404(a)(1) and 

7404(c)(1) of Public Law 107–171.

SEC. 739. The Agricultural Marketing Service and the Grain 

Inspection, Packers and Stockyards Administration, that have statutory authority to purchase interest bearing investments outside of 

the Treasury, are not required to establish obligations and outlays 

for those investments, provided those investments are insured by the 

Federal Deposit Insurance Corporation or are collateralized at the 

Federal Reserve with securities approved by the Federal Reserve, operating under the guidelines of the United States Department of the 

Treasury. 

SEC. 740. Of the funds made available under section 27(a) of 

the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary 

may use up to $10,000,000 for costs associated with the distribution 

of commodities. 

SEC. 741. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to enroll in excess of 189,144 acres in the 

calendar year 2004 wetlands reserve program as authorized by 16 

U.S.C. 3837. 

SEC. 742. None of the funds made available in fiscal year 2004 

or preceding fiscal years for programs authorized under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 

et seq.) in excess of $20,000,000 shall be used to reimburse the Commodity Credit Corporation for the release of eligible commodities 

under section 302(f)(2)(A) of the Bill Emerson Humanitarian Trust 

Act (7 U.S.C. 1736f–1): Provided, That any such funds made available to reimburse the Commodity Credit Corporation shall only be 

used pursuant to section 302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act. 

SEC. 743. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel who carry out an environmental quality 

incentives program authorized by chapter 4 of subtitle D of title XII 

of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess 

of $975,000,000. 

SEC. 744. Notwithstanding any other provision of law, the Natural Resources Conservation Service may provide from appropriated 

funds financial and technical assistance to the Dry Creek project, 

Utah. 

SEC. 745. The Secretary of Agriculture is authorized to permit 

employees of the United States Department of Agriculture to carry 

36

and use firearms for personal protection while conducting field 

work in remote locations in the performance of their official duties. 

SEC. 746. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to expend the $23,000,000 made available 

by section 9006(f) of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 8106(f)). 

SEC. 747. ACCESS TO BROADBAND TELECOMMUNICATIONS SERV- ICES IN RURAL AREAS. None of the funds appropriated or otherwise 

made available by this or any other Act shall be used to pay the salaries and expenses of personnel to expend the $20,000,000 made 

available by section 601(j)(1)(A) of the Rural Electrification Act of 

1936 (7 U.S.C. 950bb(j)(1)(A)) for fiscal year 2004. 

SEC. 748. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to expend the $40,000,000 made available 

by section 231(b)(4) of the Agricultural Risk Protection Act of 2000 

(7 U.S.C. 1621 note) for fiscal year 2004. 

SEC. 749. Section 285 of the Agricultural Marketing Act of 1946 

(16 U.S.C. 1638d et seq.) is amended by striking ‘‘2004’’ and inserting in lieu thereof ‘‘2006, except for ‘farm-raised fish’ and ‘wild fish’ 

which shall be September 30, 2004’’. 

SEC. 750. (a) Notwithstanding subsections (c) and (e)(2) of section 313A of the Rural Electrification Act (7 U.S.C. 940c(c) and 

(e)(2)) in implementing section 313A of that Act, the Secretary shall, 

with the consent of the lender, structure the schedule for payment 

of the annual fee, not to exceed an average of 30 basis points per 

year for the term of the loan, to ensure that sufficient funds are 

available to pay the subsidy costs for note guarantees under that 

section; and 

(b) The Secretary shall publish a proposed rule to carry out section 313A of the Rural Electrification Act of 1936 within 60 days 

of enactment of this Act. 

SEC. 751. Any unobligated balances in the Alternative Agricultural Research and Commercialization Revolving Fund are hereby 

rescinded. 

SEC. 752. Not more than $41,443,000 for fiscal year 2004 of the 

funds appropriated or otherwise made available by this or any other 

Act shall be used to carry out the conservation security program established under subchapter A of chapter 2 of subtitle D of title XII 

of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.). 

SEC. 753. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out a ground and surface water 

conservation program authorized by section 2301 of Public Law 

107–171, the Farm Security and Rural Investment Act of 2002, in 

excess of $51,000,000.

SEC. 754. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out section 2502 of Public Law 

107–171, the Farm Security and Rural Investment Act of 2002, in 

excess of $42,000,000. 

SEC. 755. None of the funds appropriated or otherwise made 

available by this or any other Act shall be used to pay the salaries 

and expenses of personnel to carry out section 2503 of Public Law 

37

107–171, the Farm Security and Rural Investment Act of 2002, in 

excess of $112,044,000. 

SEC. 756. (a) ASSISTANCE FOR COMMERCIAL TREE LOSSES.— The Secretary of Agriculture shall use $5,000,000 of the funds of the 

Commodity Credit Corporation to provide assistance under the Tree 

Assistance Program, subtitle C of title X of the Farm Security and 

Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), to tree-fruit 

growers located in a federally declared disaster area in the State of 

New York who suffered tree losses in 2003 as a result of an April 

4–6, 2003, icestorm. 

(b) The Secretary of Agriculture shall use $10,000,000 of the 

funds of the Commodity Credit Corporation, to remain available 

until expended, to compensate commercial citrus and lime growers 

in the State of Florida for tree replacement and for lost production 

with respect to trees removed to control citrus canker, and with respect to certified citrus nursery stocks within the citrus canker quarantine areas, as determined by the Secretary. For a grower to receive assistance for a tree under this section, the tree must have been 

removed after September 30, 2001. 

SEC. 757. There is hereby appropriated $1,500,000 to carry out 

section 6028 of Public Law 107–171, the Farm Security and Rural 

Investment Act of 2002: Provided, That notwithstanding section 

383B(g)(1) of the Consolidated Farm and Rural Development Act (7 

U.S.C. 2009bb–1(g)(1)), the Federal share of the administrative expenses of the Northern Great Plains Regional Authority for fiscal 

year 2004 shall be 100 percent. 

SEC. 758. Section 204(a)(3) of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is amended 

by striking everything from ‘‘the Committee on Foreign Affairs’’ 

through ‘‘the Committee on’’ and inserting in lieu thereof ‘‘the Committees on International Relations, Agriculture and Appropriations 

of the House of Representatives, and the Committees on Appropriations and’’. 

SEC. 759. None of the funds appropriated or made available by 

this or any other Act may be used to pay the salaries and expenses 

of personnel to carry out section 6029 of Public Law 107–171, the 

Farm Security and Rural Investment Act of 2002: Provided, That 

this section shall not apply to activities related to the promulgation 

of regulations or the receipt and review of applications for the Rural 

Business Investment Program. 

SEC. 760. None of the funds appropriated or otherwise made 

available in this Act shall be expended to violate Public Law 105–

264. 

SEC. 761. COST-SHARING FOR ANIMAL AND PLANT HEALTH

EMERGENCY PROGRAMS. None of the funds made available by this 

Act may be used to issue a final rule in furtherance of, or otherwise 

implement, the proposed rule on cost-sharing for animal and plant 

health emergency programs of the Animal and Plant Health Inspection Service published on July 8, 2003 (Docket No. 02–062–1; 68 

Fed. Reg. 40541). 

SEC. 762. Agencies and offices of the Department of Agriculture 

may utilize any available discretionary funds to cover the costs of 

preparing, or contracting for the preparation of, final agency decisions regarding complaints of discrimination in employment or program activities arising within such agencies and offices. 

38

SEC. 763. Notwithstanding any other provision of law, for any 

fiscal year, in the case of a high cost isolated rural area in Alaska 

that is not connected to a road system, the maximum level for the 

single family housing assistance shall be 150 percent of the average 

income level in the metropolitan areas of the State and 115 percent 

of all other eligible areas of the State. 

SEC. 764. There is hereby appropriated $1,000,000, to remain 

available until expended, for the Denali Commission to address deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies. 

SEC. 765. Notwithstanding any other provision of law, the Secretary shall consider the City of Vicksburg, Mississippi; the City of 

Aberdeen, South Dakota; and the City of Starkville, Mississippi as 

meeting the requirements of a rural area contained in section 520 

of the Housing Act of 1949 (42 U.S.C. 1490) until receipt of the decennial Census for the year 2010. 

SEC. 766. Notwithstanding any other provision of law, the Secretary shall consider the City of Berlin, New Hampshire; the City 

of Guymon, Oklahoma; the City of Shawnee, Oklahoma; and the 

City of Altus, Oklahoma, to be eligible for loans and grants provided through the Rural Community Advancement Program until 

receipt of the decennial Census in the year 2010. 

SEC. 767. None of the funds made available in this Act may be 

used to study, complete a study of, or enter into a contract with a 

private party to carry out, without specific authorization in a subsequent Act of Congress, a competitive sourcing activity of the Secretary of Agriculture, including support personnel of the Department 

of Agriculture, relating to rural development or farm loan programs. 

SEC. 768. Section 501(b)(5)(B) of the Housing Act of 1949 (42 

U.S.C. 1471(b)(5)(B)) is amended by striking ‘‘for fiscal years 2002 

and 2003,’’. 

SEC. 769. AGRICULTURAL MANAGEMENT ASSISTANCE. Section 

524(b)(4)(B) of the Federal Crop Insurance Act (7 U.S.C. 

1524(b)(4)(B)) is amended—

(1) in clause (i), by striking ‘‘clause (ii)’’ and inserting 

‘‘clauses (ii) and (iii)’’; and 

(2) by adding at the end the following: 

‘‘(iii) CERTAIN USES.—Of the amounts made available to carry out this subsection for each fiscal years 

2004 through 2007 the Commodity Credit Corporation 

shall use not less than—

‘‘(I) $14,000,000 to carry out subparagraphs 

(A), (B), and (C) of paragraph (2) through the Natural Resources Conservation Service;

‘‘(II) $1,000,000 to provide organic certification 

cost share assistance through the Agricultural 

Marketing Service; and ‘‘(III) $5,000,000 to conduct activities to carry 

out subparagraph (F) of paragraph (2) through the 

Risk Management Agency.’’. 

SEC. 770. Hereafter, no funds provided in this or any other Act 

shall be available to the Secretary of Agriculture acting through the 

Foreign Agricultural Service to promote the sale or export of tobacco 

or tobacco products. 

39

SEC. 771. IN GENERAL.—Section 3(o)(4) of the Food Stamp Act 

of 1977, as amended (7 U.S.C. 2012(o)(4)), is amended by inserting 

before the period at the end the following: ‘‘, and except that on October 1, 2003, in the case of households residing in Alaska and Hawaii the Secretary may not reduce the cost of such diet in effect on 

September 30, 2002’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall be effective beginning on September 30, 2003. 

SEC. 772. Section 601(b)(2) of the Rural Electrification Act of 

1936 (7 U.S.C. 950bb(b)(2)) is amended to read as follows: 

‘‘(2) ELIGIBLE RURAL COMMUNITY.—The term ‘eligible rural 

community’ means any area of the United States that is not 

contained in an incorporated city or town with a population in 

excess of 20,000 inhabitants.’’. 

SEC. 773. Notwithstanding any other provision of law, for all 

activities under programs of the Rural Development Mission Area 

within the County of Honolulu, Hawaii, the Secretary may designate any portion of the county as a rural area or eligible rural 

community that the Secretary determines is not urban in character: 

Provided, That the Secretary shall not include in any such rural 

area or eligible rural community any area included in the Honolulu 

Census Designated Place as determined by the Secretary of Commerce. 

SEC. 774. The first sentence of section 306(g)(1) of the National 

Housing Act (12 U.S.C. 1721(g)(1)) is amended—

(1) by striking ‘‘or title V of the Housing Act of 1949’’; and 

(2) by inserting after ‘‘1944’’ the following: ‘‘, title V of the 

Housing Act of 1949,’’. 

SEC. 775. Notwithstanding the provisions of the Consolidated 

Farm and Rural Development Act (including the associated regulations) governing the Community Facilities Program, the Secretary 

may allow all Community Facility Program facility borrowers and 

grantees to enter into contracts with not-for-profit third parties for 

services consistent with the requirements of the Program, grant, 

and/or loan: Provided, That the contracts protect the interests of the 

Government regarding cost, liability, maintenance, and administrative fees. 

SEC. 776. Notwithstanding any other provision of law, the Secretary of Agriculture may use appropriations available to the Secretary for activities authorized under sections 426–426c of title 7, 

United States Code, under this or any other Act, to enter into cooperative agreements, with a State, political subdivision, or agency 

thereof, a public or private agency, organization, or any other person, to lease aircraft if the Secretary determines that the objectives 

of the agreement will: (1) serve a mutual interest of the parties to 

the agreement in carrying out the programs administered by the 

Animal Plant Health Inspection Service, Wildlife Service; and (2) 

all parties will contribute resources to the accomplishment of these 

objectives; award of a cooperative agreement authorized by the Secretary may be made for an initial term not to exceed 5 years.

SEC. 777. CITRUS CANKER ASSISTANCE.—Section 211 of the Agricultural Assistance Act of 2003 (117 Stat. 545) is amended—

(1) in the section heading, by inserting ‘‘TREE REPLACEMENT AND’’ after ‘‘FOR’’; and 

40

(2) in subsection (a), by inserting ‘‘tree replacement and’’ 

after ‘‘Florida for’’. 

SEC. 778. SUN GRANT RESEARCH INITIATIVE. (a) SHORT

TITLE.—This section may be cited as the ‘‘Sun Grant Research Initiative Act of 2003’’. 

(b) RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS ON

BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.—Title IX of the 

Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8101 et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 9011. RESEARCH, EXTENSION, AND EDUCATIONAL PROGRAMS 

ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS. 

‘‘(a) PURPOSES.—The purposes of the programs established 

under this section are—

‘‘(1) to enhance national energy security through the development, distribution, and implementation of biobased energy 

technologies; 

‘‘(2) to promote diversification in, and the environmental 

sustainability of, agricultural production in the United States 

through biobased energy and product technologies; 

‘‘(3) to promote economic diversification in rural areas of 

the United States through biobased energy and product technologies; and 

‘‘(4) to enhance the efficiency of bioenergy and biomass research and development programs through improved coordination and collaboration between the Department of Agriculture, 

the Department of Energy, and the land-grant colleges and universities. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) LAND-GRANT COLLEGES AND UNIVERSITIES.—The term 

‘land-grant colleges and universities’ means—

‘‘(A) 1862 Institutions (as defined in section 2 of the 

Agricultural Research, Extension, and Education Reform 

Act of 1998 (7 U.S.C. 7601)); 

‘‘(B) 1890 Institutions (as defined in section 2 of that 

Act) and West Virginia State College; and 

‘‘(C) 1994 Institutions (as defined in section 2 of that 

Act). 

‘‘(2) SECRETARY.—The term ‘Secretary’ means the Secretary 

of Agriculture. 

‘‘(c) ESTABLISHMENT.—To carry out the purposes described in 

subsection (a), the Secretary shall establish programs under 

which—

‘‘(1) the Secretary shall provide grants to sun grant centers 

specified in subsection (d); and 

‘‘(2) the sun grant centers shall use the grants in accordance with this section. 

‘‘(d) GRANTS TO CENTERS.—The Secretary shall use amounts 

made available for a fiscal year under subsection (j) to provide a 

grants in equal amounts to each of the following sun grant centers: 

‘‘(1) NORTH-CENTRAL CENTER.—A north-central sun grant 

center at South Dakota State University for the region composed of the States of Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North Dakota, South Dakota, Wisconsin, and 

Wyoming. 

41

‘‘(2) SOUTHEASTERN CENTER.—A southeastern sun grant 

center at the University of Tennessee at Knoxville for the region 

composed of—

‘‘(A) the States of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, and Virginia; 

‘‘(B) the Commonwealth of Puerto Rico; and 

‘‘(C) the United States Virgin Islands. 

‘‘(3) SOUTH-CENTRAL CENTER.—A south-central sun grant 

center at Oklahoma State University for the region composed of 

the States of Arkansas, Colorado, Kansas, Louisiana, Missouri, 

New Mexico, Oklahoma, and Texas. 

‘‘(4) WESTERN CENTER.—A western sun grant center at Oregon State University for the region composed of—

‘‘(A) the States of Alaska, Arizona, California, Hawaii, 

Idaho, Nevada, Oregon, Utah, and Washington; and 

‘‘(B) territories and possessions of the United States 

(other than the territories referred to in subparagraphs (B) 

and (C) of paragraph (2)). 

‘‘(5) NORTHEASTERN CENTER.—A northeastern sun grant 

center at Cornell University for the region composed of the 

States of Connecticut, Delaware, Massachusetts, Maryland, 

Maine, Michigan, New Hampshire, New Jersey, New York, 

Ohio, Pennsylvania, Rhode Island, Vermont, and West Virginia. 

‘‘(e) USE OF FUNDS.—

‘‘(1) CENTERS OF EXCELLENCE.—Of the amount of funds 

that are made available for a fiscal year to a sun grant center 

under subsection (d), the center shall use not more than 25 percent of the amount for administration to support excellence in 

science, engineering, and economics at the center to promote the 

purposes described in subsection (a) through the State agricultural experiment station, cooperative extension services, and relevant educational programs of the university. 

‘‘(2) GRANTS TO LAND-GRANT COLLEGES AND UNIVERSITIES.—

‘‘(A) IN GENERAL.—The sun grant center established for 

a region shall use the funds that remain available for a fiscal year after expenditures made under paragraph (1) to 

provide competitive grants to land-grant colleges and universities in the region of the sun grant center to conduct, 

consistent with the purposes described in subsection (a), 

multiinstitutional and multistate—

‘‘(i) research, extension, and educational programs 

on technology development; and 

‘‘(ii) integrated research, extension, and educational programs on technology implementation.

‘‘(B) PROGRAMS.—Of the amount of funds that are used 

to provide grants for a fiscal year under subparagraph (A), 

the center shall use—

‘‘(i) not less than 30 percent of the funds to carry 

out programs described in subparagraph (A)(i); and 

‘‘(ii) not less than 30 percent of the funds to carry 

out programs described in subparagraph (A)(ii). 

42

‘‘(3) INDIRECT COSTS.—A sun grant center may not recover 

the indirect costs of making grants under paragraph (2) to 

other land-grant colleges and universities. 

‘‘(f) PLAN.— ‘‘(1) IN GENERAL.—Subject to the availability of funds 

under subsection (j), in cooperation with other land-grant colleges and universities and private industry in accordance with 

paragraph (2), the sun grant centers shall jointly develop and 

submit to the Secretary, for approval, a plan for addressing at 

the State and regional levels the bioenergy, biomass, and gasification research priorities of the Department of Agriculture and 

the Department of Energy for the making of grants under paragraphs (1) and (2) of subsection (e). 

‘‘(2) GASIFICATION COORDINATION.— ‘‘(A) IN GENERAL.—In developing the plan under paragraph (1) with respect to gasification research, the sun 

grant centers identified in paragraphs (1) and (2) of subsection (d) shall coordinate with land grant colleges and 

universities in their respective regions that have ongoing research activities with respect to the research. 

‘‘(B) FUNDING.—Funds made available under subsection (d) to the sun grant center identified in subsection 

(e)(2) shall be available to carry out planning coordination 

under paragraph (1) of this subsection. 

‘‘(g) GRANTS TO OTHER LAND-GRANT COLLEGES AND UNIVER- SITIES.—‘‘(1) PRIORITY FOR GRANTS.—In making grants under subsection (e)(2), a sun grant center shall give a higher priority to 

programs that are consistent with the plan approved by the Secretary under subsection (f). 

‘‘(2) TERM OF GRANTS.—The term of a grant provided by a 

sun grant center under subsection (e)(2) shall not exceed 5 

years. 

‘‘(h) GRANT INFORMATION ANALYSIS CENTER.—The sun grant 

centers shall maintain a Sun Grant Information Analysis Center at 

the sun grant center specified in subsection (d)(1) to provide sun 

grant centers analysis and data management support. 

‘‘(i) ANNUAL REPORTS.—Not later than 90 days after the end of 

a year for which a sun grant center receives a grant under subsection (d), the sun grant center shall submit to the Secretary a report that describes the policies, priorities, and operations of the program carried out by the center during the year, including a description of progress made in facilitating the priorities described in subsection (f). 

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to carry out this section—

‘‘(A) $25,000,000 for fiscal year 2005; 

‘‘(B) $50,000,000 for fiscal year 2006; and 

‘‘(C) $75,000,000 for each of fiscal years 2007 through 

2010. 

‘‘(2) GRANT INFORMATION ANALYSIS CENTER.—Of amounts made available under paragraph (1), not more than $4,000,000 

for each fiscal year shall be made available to carry out subsection (h).’’. 

43

SEC. 779. RURAL ELECTRIFICATION. For fiscal year 2004, the 

Secretary of Agriculture may use any unobligated carryover funds 

made available for any program administered by the Rural Utilities 

Service (not including funds made available under the heading 

‘‘RURAL COMMUNITY ADVANCEMENT PROGRAM’’ in any Act of appropriation) to carry out section 315 of the Rural Electrification Act of 

1936 (7 U.S.C. 940e). 

SEC. 780. LIMITATION ON ALLOCATION OF PURCHASE PRICES

FOR BUTTER AND NONFAT DRY MILK. None of the funds made available by this Act may be used to pay the salaries or expenses of employees of the Department of Agriculture to allocate the rate of price 

support between the purchase prices for nonfat dry milk and butter 

in a manner that does not support the price of milk in accordance 

with section 1501(b) of the Farm Security and Rural Investment Act 

of 2002 (7 U.S.C. 7981(b)). 

SEC. 781. EMERGENCY WATERSHED PROTECTION PROGRAM. Notwithstanding any other provision of law, the Secretary of Agriculture is authorized to make funding and other assistance available through the emergency watershed protection program under 

section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) 

to repair and prevent damage to non-Federal land in watersheds 

that have been impaired by fires initiated by the Federal Government and to waive cost sharing requirements for the funding and 

assistance. 

SEC. 782. The Secretary may waive the requirements regarding 

small and emerging rural business as authorized under the Rural 

Business Enterprise Grant program for the purpose of a lease for 

the Oakridge Oregon Industrial Park. 

SEC. 783. WATER AND WASTE DISPOSAL GRANT TO THE ALASKA

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT. Notwithstanding any other provision of law—

(1) the Alaska Department of Community and Economic 

Development shall be eligible to receive a water and waste disposal grant under section 306(a) of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 1926(a)) in an amount that 

is equal to not more than 75 percent of the total cost of providing water and sewer service to the proposed hospital in the 

Matanuska-Susitna Borough, Alaska; and 

(2) the Alaska Department of Community and Economic 

Development shall be allowed to pass the grant funds through 

to the local government entity that will provide water and sewer 

service to the hospital. 

SEC. 784. None of the funds provided in this Act may be used 

for salaries and expenses to carry out any regulation or rule insofar 

as it would make ineligible for enrollment in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 

et seq.) land that is planted to hardwood trees as of the date of enactment of this Act and was enrolled in the conservation reserve 

program under a contract that expired prior to calendar year 2002. 

SEC. 785. WATER AND WASTE DISPOSAL GRANT TO THE CITY OF

POSTVILLE, IOWA. Notwithstanding any other provision of law, the 

City of Postville, Iowa, shall be eligible to receive a water and waste 

disposal grant under section 306(a) of the Consolidated Farm and 

Rural Development Act (7 U.S.C. 1926(a)) in an amount that is 

44

equal to not more than 75 percent of the total cost of providing 

water and sewer service in the city. 

SEC. 786. None of the funds appropriated or otherwise made 

available by this Act shall be used to pay the salaries and expenses 

of personnel to implement a reorganization of regional conservationists and/or regional offices of the Natural Resources Conservation 

Service without the prior approval of the Committees on Appropriations. 

SEC. 787. Of the unobligated balance available to the Food 

Safety and Inspection Service for the field automation and information management project at the beginning of fiscal year 2004, 

$5,000,000 is hereby rescinded. 

SEC. 788. The matter under the heading ‘‘Integrated Activities’’ 

in Division A—Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Programs Appropriations, 2003, 

Title I—Agricultural Programs, in Public Law 108–7 is amended by 

striking ‘‘7 U.S.C. 3291’’ and inserting in its place ‘‘7 U.S.C. 3292b’’. 

SEC. 789. Notwithstanding any other provision of law, the City 

of Great Falls, Montana shall be considered a rural area for purposes of eligibility for business and industry guaranteed loans 

under section 310B(a)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(a)(1)). 

This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2004’’.

DIVISION B—DEPARTMENTS OF COMMERCE, JUSTICE, AND 

STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2004

AN ACT 

Making appropriations for the Departments of Commerce, Justice, 

and State, the Judiciary, and related agencies for the fiscal year 

ending September 30, 2004, and for other purposes. 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, and for other purposes, namely: 

TITLE I—DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $106,687,000, of which not to exceed $3,317,000 is 

for the Facilities Program 2000, to remain available until expended: 

Provided, That not to exceed 43 permanent positions and 44 fulltime equivalent workyears and $10,172,000 shall be expended for 

the Department Leadership Program exclusive of augmentation that 

occurred in these offices in fiscal year 2003: Provided further, That 

not to exceed 26 permanent positions, 21 full-time equivalent 

workyears and $3,114,000 shall be expended for the Office of Legislative Affairs: Provided further, That not to exceed 15 permanent 

positions, 20 full-time equivalent workyears and $1,875,000 shall be 

45

expended for the Office of Public Affairs: Provided further, That the 

latter two aforementioned offices may utilize non-reimbursable details of career employees within the caps described in the preceding 

two provisos. 

JOINT AUTOMATED BOOKING SYSTEM

For expenses necessary for the nationwide deployment of a Joint 

Automated Booking System including automated capability to 

transmit fingerprint and image data, $19,176,000, to remain available until September 30, 2005. 

INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

For necessary expenses for the planning, development, and deployment of an integrated fingerprint identification system, including automated capability to transmit fingerprint and image data, 

$5,100,000, to remain available until September 30, 2005. 

LEGAL ACTIVITIES OFFICE AUTOMATION

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

Expenses, General Legal Activities’’, and ‘‘General Administration, 

Salaries and Expenses’’, and the United States Attorneys, the 

United States Marshals Service, the Antitrust Division, the United 

States Trustee Program, the Executive Office for Immigration Review, the Community Relations Service, the Bureau of Prisons, the 

Office of Justice Programs and the United States Parole Commission, $27,034,000, to remain available until September 30, 2005. 

NARROWBAND COMMUNICATIONS

For the costs of conversion to narrowband communications, including the cost for operation and maintenance of Land Mobile 

Radio legacy systems, $103,171,000, to remain available until September 30, 2005: Provided, That the Attorney General shall transfer 

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

available to the Department of Justice for the purchase of portable 

and mobile radios: Provided further, That any transfer made under 

the preceding proviso shall be subject to section 605 of this Act. 

COUNTERTERRORISM FUND

For necessary expenses, as determined by the Attorney General, 

$1,000,000, to remain available until expended, to reimburse any 

Department of Justice organization for: (1) the costs incurred in reestablishing the operational capability of an office or facility which 

has been damaged or destroyed as a result of any domestic or international terrorist incident; and (2) the costs of providing support to 

counter, investigate or prosecute domestic or international terrorism, 

including payment of rewards in connection with these activities: 

Provided, That any Federal agency may be reimbursed for the costs 

of detaining in foreign countries individuals accused of acts of terrorism that violate the laws of the United States: Provided further, 

That funds provided under this paragraph shall be available only 

after the Attorney General notifies the Committees on AppropriaVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00049 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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tions of the House of Representatives and the Senate in accordance 

with section 605 of this Act. 

ADMINISTRATIVE REVIEW AND APPEALS

For expenses necessary for the administration of pardon and 

clemency petitions and immigration-related activities, $193,530,000. 

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee who 

shall exercise all power and functions authorized by law relating to 

the detention of Federal prisoners in non-Federal institutions or otherwise in the custody of the United States Marshals Service, 

$814,097,000, to remain available until expended: Provided, That 

the Trustee shall be responsible for managing the Justice Prisoner 

and Alien Transportation System and for overseeing housing related 

to such detention; the management of funds appropriated to the Department of Justice for the exercise of any detention functions; and 

the direction of the United States Marshals Service with respect to 

the exercise of detention policy setting and operations for the Department: Provided further, That any unobligated balances available in 

prior years from the funds appropriated under the heading ‘‘Federal 

Prisoner Detention’’ shall be transferred to and merged with the appropriation under the heading ‘‘Detention Trustee’’ and shall be 

available until expended: Provided further, That the Trustee, working in consultation with the Bureau of Prisons, shall submit a plan 

for collecting information related to evaluating the health and safety 

of Federal prisoners in non-Federal institutions no later than 180 

days following the enactment of this Act. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$60,840,000, including not to exceed $10,000 to meet unforeseen 

emergencies of a confidential character. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States Parole Commission 

as authorized, $10,609,000. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For expenses necessary for the legal activities of the Department 

of Justice, not otherwise provided for, including not to exceed 

$20,000 for expenses of collecting evidence, to be expended under the 

direction of, and to be accounted for solely under the certificate of, 

the Attorney General; and rent of private or Government-owned 

space in the District of Columbia, $620,533,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended, and of which not less than $1,996,000 shall be 

available for necessary administrative expenses in accordance with 

the Radiation Exposure Compensation Act: Provided, That of the 

total amount appropriated, not to exceed $1,000 shall be available 

47

to the United States National Central Bureau, INTERPOL, for official reception and representation expenses: Provided further, That 

notwithstanding any other provision of law, upon a determination 

by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to ‘‘Salaries and Expenses, General Legal Activities’’ from available appropriations for 

the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any 

transfer pursuant to the previous proviso shall be treated as a reprogramming under section 605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 

In addition, for reimbursement of expenses of the Department of 

Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $4,028,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

SALARIES AND EXPENSES, ANTITRUST DIVISION

For expenses necessary for the enforcement of antitrust and kindred laws, $133,133,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, not to exceed $112,000,000 of offsetting collections derived from fees collected 

for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the 

year of collection, shall be retained and used for necessary expenses 

in this appropriation, and shall remain available until expended: 

Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received 

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

appropriation from the general fund estimated at not more than 

$21,133,000. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, 

$1,526,253,000; of which not to exceed $2,500,000 shall be available 

until September 30, 2005, for: (1) training personnel in debt collection; (2) locating debtors and their property; (3) paying the net costs 

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

Government: Provided, That of the total amount appropriated, not 

to exceed $8,000 shall be available for official reception and representation expenses: Provided further, That not to exceed 

$10,000,000 of those funds available for automated litigation support contracts shall remain available until expended: Provided further, That not to exceed $2,500,000 for the operation of the National 

Advocacy Center shall remain available until expended: Provided 

further, That, in addition to reimbursable full-time equivalent 

workyears available to the Offices of the United States Attorneys, 

not to exceed 10,113 positions and 10,298 full-time equivalent 

workyears shall be supported from the funds appropriated in this 

Act for the United States Attorneys: Provided further, That of the 

funds made available under this heading, $1,500,000 shall only be 

available to continue ‘‘Operation Streetsweeper’’: Provided further, 

48

That of the total amount appropriated, $6,898,000 shall be for 

Project Seahawk and shall remain available until expended. 

UNITED STATES TRUSTEE SYSTEM FUND

For necessary expenses of the United States Trustee Program, 

as authorized, $166,157,000, to remain available until expended 

and to be derived from the United States Trustee System Fund: Provided, That, notwithstanding any other provision of law, deposits to 

the Fund shall be available in such amounts as may be necessary 

to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, $166,157,000 of offsetting collections pursuant to 28 U.S.C. 589a(b) shall be retained and used 

for necessary expenses in this appropriation and remain available 

until expended: Provided further, That the sum herein appropriated 

from the Fund shall be reduced as such offsetting collections are received during fiscal year 2004, so as to result in a final fiscal year 

2004 appropriation from the Fund estimated at $0. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

For expenses necessary to carry out the activities of the Foreign 

Claims Settlement Commission, including services as authorized by 

5 U.S.C. 3109, $1,206,000. 

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For necessary expenses of the United States Marshals Service, 

$719,777,000; of which not less than $11,476,000 shall only be 

available for fugitive apprehension task forces; of which $17,403,000 

shall be available for 106 supervisory deputy marshal positions for 

courthouse security; of which not to exceed $6,000 shall be available 

for official reception and representation expenses; of which 

$4,000,000 shall remain available until expended; of which not less 

than $13,394,000 shall be available for the costs of courthouse security equipment, including furnishings, relocations, and telephone 

systems and cabling, and shall remain available until September 

30, 2005: Provided, That, in addition to reimbursable full-time 

equivalent workyears available to the United States Marshals Service, not to exceed 4,400 positions and 4,259 full-time equivalent 

workyears shall be supported from the funds appropriated in this 

Act for the United States Marshals Service. 

CONSTRUCTION

For planning, constructing, renovating, equipping, and maintaining United States Marshals Service prisoner-holding space in 

United States courthouses and Federal buildings, including the renovation and expansion of prisoner movement areas, elevators, and 

sallyports, $14,066,000, to remain available until September 30, 

2006. 

FEES AND EXPENSES OF WITNESSES

For fees and expenses of witnesses, for expenses of contracts for 

the procurement and supervision of expert witnesses, for private 

counsel expenses, including advances, $156,145,000, to remain 

available until expended; of which not to exceed $8,000,000 may be 

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49

nance, remodeling, and repair of buildings, and the purchase of 

equipment incident thereto, for protected witness safesites; of which 

not to exceed $1,000,000 may be made available for the purchase 

and maintenance of armored vehicles for transportation of protected 

witnesses; and of which not to exceed $5,000,000 may be made 

available for the purchase, installation, and maintenance of secure 

telecommunications equipment and a secure automated information 

network to store and retrieve the identities and locations of protected 

witnesses. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

For necessary expenses of the Community Relations Service, $9,526,000 and, in addition, up to $1,000,000 of funds made available to the Department of Justice in this Act may be transferred by 

the Attorney General to this account: Provided, That notwithstanding any other provision of law, upon a determination by the 

Attorney General that emergent circumstances require additional 

funding for conflict resolution and violence prevention activities of 

the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of 

Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the previous proviso 

shall be treated as a reprogramming under section 605 of this Act 

and shall not be available for obligation or expenditure except in 

compliance with the procedures set forth in that section. 

ASSETS FORFEITURE FUND

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

Forfeiture Fund. 

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For necessary expenses of the Federal Bureau of Investigation 

for detection, investigation, and prosecution of crimes against the 

United States; including purchase for police-type use of not to exceed 

2,454 passenger motor vehicles, of which 1,843 will be for replacement only; and not to exceed $70,000 to meet unforeseen emergencies 

of a confidential character pursuant to 28 U.S.C. 530C, 

$4,566,798,000; of which not to exceed $65,000,000 for automated 

data processing and telecommunications and technical investigative 

equipment, and not to exceed $1,000,000 for undercover operations, 

shall remain available until September 30, 2005; of which 

$490,104,000 shall be for counterterrorism investigations, foreign 

counterintelligence, and other activities related to our national security; of which not less than $153,812,000 shall only be for Joint Terrorism Task Forces; and of which not to exceed $10,000,000 is authorized to be made available for making advances for expenses 

arising out of contractual or reimbursable agreements with State 

and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, organized crime, and 

drug investigations: Provided, That not to exceed $200,000 shall be 

available for official reception and representation expenses: ProVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00053 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
50

vided further, That, in addition to reimbursable full-time equivalent 

workyears available to the Federal Bureau of Investigation, not to 

exceed 28,900 positions and 27,096 full-time equivalent workyears 

shall be supported from the funds appropriated in this Act for the 

Federal Bureau of Investigation. 

FOREIGN TERRORIST TRACKING TASK FORCE/TERRORIST THREAT

INTEGRATION CENTER

For expenses necessary for the Foreign Terrorist Tracking Task 

Force, including salaries and expenses, operations, equipment, and 

facilities, $61,597,000: Provided, That funds appropriated in previous fiscal years under the heading ‘‘Federal Bureau of Investigation, Salaries and Expenses’’ may be available for activities associated with the Terrorist Threat Integration Center. 

CONSTRUCTION

For necessary expenses to construct or acquire buildings and 

sites by purchase, or as otherwise authorized by law (including 

equipment for such buildings); conversion and extension of federally-owned buildings; and preliminary planning and design of 

projects; $11,174,000, to remain available until September 30, 2006. 

DRUG ENFORCEMENT ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies 

of a confidential character pursuant to 28 U.S.C. 530C; expenses for 

conducting drug education and training programs, including travel 

and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs; and purchase of not to exceed 982 passenger motor vehicles, 

of which 886 will be for replacement only, for police-type use, 

$1,601,327,000; of which not to exceed $33,000,000 for permanent 

change of station shall remain available until September 30, 2005; 

of which not to exceed $1,800,000 for research shall remain available until expended; of which not to exceed $4,000,000 for purchase 

of evidence and payments for information, not to exceed $10,000,000 

for contracting for automated data processing and telecommunications equipment, and not to exceed $2,000,000 for laboratory 

equipment, $4,000,000 for technical equipment, and $2,000,000 for 

aircraft replacement retrofit and parts, shall remain available until 

September 30, 2005; and of which not to exceed $50,000 shall be 

available for official reception and representation expenses: Provided, That, in addition to reimbursable full-time equivalent 

workyears available to the Drug Enforcement Administration, not to 

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

shall be supported from the funds appropriated in this Act for the 

Drug Enforcement Administration. 

INTERAGENCY DRUG ENFORCEMENT

For necessary expenses for the identification, investigation, and 

prosecution of individuals associated with the most significant drug 

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51

wise provided for, to include inter-governmental agreements with 

State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime 

drug trafficking, $556,465,000, of which $50,000,000 shall remain 

available until September 30, 2005: Provided, That any amounts 

obligated from appropriations under this heading may be used 

under authorities available to the organizations reimbursed from 

this appropriation: Provided further, That any unobligated balances 

remaining available at the end of the fiscal year shall revert to the 

Drug Enforcement Administrator for reallocation among participating organizations in succeeding fiscal years, subject to the reprogramming procedures set forth in section 605 of this Act. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, including the purchase of not to exceed 822 

vehicles for police-type use, of which 650 shall be for replacement 

only; not to exceed $18,000 for official reception and representation 

expenses; for training of State and local law enforcement agencies 

with or without reimbursement, including training in connection 

with the training and acquisition of canines for explosives and fire 

accelerants detection; and for provision of laboratory assistance to 

State and local law enforcement agencies, with or without reimbursement, $836,087,000, of which not to exceed $1,000,000 shall be 

available for the payment of attorneys’ fees as provided by 18 U.S.C. 

924(d)(2): Provided, That no funds appropriated herein shall be 

available for salaries or administrative expenses in connection with 

consolidating or centralizing, within the Department of Justice, the 

records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, 

That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the 

United States to implement an amendment or amendments to 27 

CFR 178.118 or to change the definition of ‘‘Curios or relics’’ in 27 

CFR 178.11 or remove any item from ATF Publication 5300.11 as 

it existed on January 1, 1994: Provided further, That none of the 

funds appropriated herein shall be available to investigate or act 

upon applications for relief from Federal firearms disabilities under 

18 U.S.C. 925(c): Provided further, That such funds shall be available to investigate and act upon applications filed by corporations 

for relief from Federal firearms disabilities under section 925(c) of 

title 18, United States Code: Provided further, That no funds made 

available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to other agencies or Departments in fiscal year 

2004: Provided further, That no funds appropriated under this or 

any other Act may be used to disclose to the public the contents or 

any portion thereof of any information required to be kept by licensees pursuant to section 923(g) of title 18, United States Code, or required to be reported pursuant to paragraphs (3) and (7) of section 

923(g) of title 18, United States Code, except that this provision 

shall apply to any request for information made by any person or 

entity after January 1, 1998: Provided further, That no funds made 

52

available by this or any other Act shall be expended to promulgate 

or implement any rule requiring a physical inventory of any business licensed under section 923 of title 18, United States Code: Provided further, That no funds under this Act may be used to electronically retrieve information gathered pursuant to 18 U.S.C. 

923(g)(4) by name or any personal identification code: Provided further, That subparagraphs (A) and (B) of 28 U.S.C. 530C(b)(2), are 

amended by inserting ‘‘for the Bureau of Alcohol, Tobacco, Firearms 

and Explosives,’’ after ‘‘Marshals Service,’’ in each subparagraph. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For expenses necessary for the administration, operation, and 

maintenance of Federal penal and correctional institutions, including purchase (not to exceed 838, of which 535 are for replacement 

only) and hire of law enforcement and passenger motor vehicles, 

and for the provision of technical assistance and advice on corrections related issues to foreign governments, $4,461,257,000: Provided, That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where 

necessary, may enter into contracts with a fiscal agent/fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health 

services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $6,000 shall be 

available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2005: Provided 

further, That, of the amounts provided for Contract Confinement, 

not to exceed $20,000,000 shall remain available until expended to 

make payments in advance for grants, contracts and reimbursable 

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

Refugee Education Assistance Act of 1980, for the care and security 

in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison 

card program from a not-for-profit entity which has operated such 

program in the past notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison 

System relating to the operation of pre-release services, halfway 

houses or other custodial facilities.

BUILDINGS AND FACILITIES

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and 

equipping of such facilities for penal and correctional use, including 

all necessary expenses incident thereto, by contract or force account; 

and constructing, remodeling, and equipping necessary buildings 

and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $397,700,000, to remain available until expended, of which 

53

not to exceed $14,000,000 shall be available to construct areas for 

inmate work programs: Provided, That labor of United States prisoners may be used for work performed under this appropriation: 

Provided further, That not to exceed 10 percent of the funds appropriated to ‘‘Buildings and Facilities’’ in this or any other Act may 

be transferred to ‘‘Salaries and Expenses’’, Federal Prison System, 

upon notification by the Attorney General to the Committees on Appropriations of the House of Representatives and the Senate in compliance with provisions set forth in section 605 of this Act. 

FEDERAL PRISON INDUSTRIES, INCORPORATED

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available, and in accord with the law, and to 

make such contracts and commitments, without regard to fiscal year 

limitations as provided by section 9104 of title 31, United States 

Code, as may be necessary in carrying out the program set forth in 

the budget for the current fiscal year for such corporation, including 

purchase (not to exceed five for replacement only) and hire of passenger motor vehicles. 

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES, INCORPORATED

Not to exceed $3,429,000 of the funds of the corporation shall 

be available for its administrative expenses, and for services as authorized by 5 U.S.C. 3109, to be computed on an accrual basis to 

be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive of 

depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, 

operation, maintenance, improvement, protection, or disposition of 

facilities and other property belonging to the corporation or in 

which it has an interest. 

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe 

Streets Act of 1968, the Missing Children’s Assistance Act, including 

salaries and expenses in connection therewith, the Prosecutorial 

Remedies and Other Tools to end the Exploitation of Children 

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

Act of 1984, $190,125,000, to remain available until expended. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement 

Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus 

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

Victims of Trafficking and Violence Protection Act of 2000 (Public 

Law 106–386); and other programs; $1,297,684,000 (including 

54

amounts for administrative costs, which shall be transferred to and 

merged with the ‘‘Justice Assistance’’ account): Provided, That all 

balances under this heading for programs to address violence 

against women may be transferred to and merged with the appropriation for ‘‘Violence Against Women Prevention and Prosecution 

Programs’’: Provided further, That funding provided under this 

heading shall remain available until expended as follows: (1) $225,000,000 for Local Law Enforcement Block Grants, 

pursuant to H.R. 728 as passed by the House of Representatives 

on February 14, 1995, except that for purposes of this Act and 

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

‘‘State’’ for all purposes under H.R. 728, notwithstanding any 

provision of section 108(3) thereof, the Commonwealth of Puerto 

Rico shall be considered a ‘‘unit of local government’’ as well as 

a ‘‘State’’, for the purposes set forth in paragraphs (A), (B), (D), 

(F), and (I) of section 101(a)(2) of H.R. 728, and for establishing 

crime prevention programs involving cooperation between community residents and law enforcement personnel in order to 

control, detect, or investigate crime or the prosecution of criminals: Provided, That funding shall be available for the purposes 

authorized by part E of title I of the 1968 Act: Provided further, 

That no funds provided under this heading may be used as 

matching funds for any other Federal grant program, of 

which—

(A) $80,000,000 shall be for Boys and Girls Clubs in 

public housing facilities and other areas in cooperation 

with State and local law enforcement, as authorized by section 401 of Public Law 104–294 (42 U.S.C. 13751 note); (B) $10,000,000 shall be available for grants, contracts, 

and other assistance to carry out section 102(c) of H.R. 728; 

and

(C) $2,981,000 for USA Freedom Corps activities; (2) $300,000,000 for the State Criminal Alien Assistance 

Program, as authorized by section 242(j) of the Immigration 

and Nationality Act: Provided, That funds shall be disbursed 

only as a direct reimbursement for each State’s documented cost 

for incarcerating undocumented criminal aliens; 

(3) $2,000,000 for the Cooperative Agreement Program for 

the improvement of State and local correctional facilities holding prisoners in custody of the United States Marshals Service; 

(4) $15,000,000 for assistance to Indian tribes, of which—

(A) $2,000,000 shall be available for grants under section 20109(a)(2) of subtitle A of title II of the 1994 Act; 

(B) $8,000,000 shall be available for the Tribal Courts 

Initiative; and 

(C) $5,000,000 shall be available for demonstration 

projects on alcohol and crime in Indian Country; 

(5) $659,117,000 for programs authorized by part E of title 

I of the 1968 Act, notwithstanding the provisions of section 511 

of said Act, of which $159,117,000 shall be for discretionary 

grants under the Edward Byrne Memorial State and Local Law 

Enforcement Assistance Programs; 

(6) $10,000,000 for victim services programs for victims of 

trafficking, as authorized by section 107(b)(2) of Public Law 

106–386; 

55

(7) $892,000 for the Missing Alzheimer’s Disease Patient 

Alert Program, as authorized by section 240001(c) of the 1994 

Act; 

(8) $38,500,000 for Drug Courts, as authorized by Part EE 

of title I of the 1968 Act; (9) $2,000,000 for public awareness programs addressing 

marketing scams aimed at senior citizens, as authorized by section 250005(3) of the 1994 Act; (10) $7,000,000 for a prescription drug monitoring program; (11) $37,175,000 for prison rape prevention and prosecution 

programs as authorized by the Prison Rape Elimination Act of 

2003 (Public Law 108–79), of which $2,175,000 shall be transferred to the National Prison Rape Reduction Commission for 

authorized activities; and 

(12) $1,000,000 for a State and local law enforcement hate 

crimes training and technical assistance program: Provided, 

That funds made available in fiscal year 2004 under subpart 

1 of part E of title I of the 1968 Act may be obligated for programs to assist States in the litigation processing of death penalty Federal habeas corpus petitions and for drug testing initiatives: Provided further, That, if a unit of local government uses 

any of the funds made available under this title to increase the 

number of law enforcement officers, the unit of local government 

will achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service. 

WEED AND SEED PROGRAM FUND

For necessary expenses, including salaries and related expenses 

of the Executive Office for Weed and Seed, to implement ‘‘Weed and 

Seed’’ program activities, $58,542,000, to remain available until 

September 30, 2005, for inter-governmental agreements, including 

grants, cooperative agreements, and contracts, with State and local 

law enforcement agencies, non-profit organizations, and agencies of 

local government engaged in the investigation and prosecution of 

violent crimes and drug offenses in ‘‘Weed and Seed’’ designated 

communities, and for either reimbursements or transfers to appropriation accounts of the Department of Justice and other Federal 

agencies which shall be specified by the Attorney General to execute 

the ‘‘Weed and Seed’’ program strategy: Provided, That funds designated by Congress through language for other Department of Justice appropriation accounts for ‘‘Weed and Seed’’ program activities 

shall be managed and executed by the Attorney General through the 

Executive Office for Weed and Seed: Provided further, That the Attorney General may direct the use of other Department of Justice 

funds and personnel in support of ‘‘Weed and Seed’’ program activities only after the Attorney General notifies the Committees on Appropriations of the House of Representatives and the Senate in accordance with section 605 of this Act. 

COMMUNITY ORIENTED POLICING SERVICES

For activities authorized by the Violent Crime Control and Law 

Enforcement Act of 1994 (Public Law 103–322) (including administrative costs), $756,283,000, to remain available until expended: 

Provided, That funds that become available as a result of 

56

deobligations from prior year balances may not be obligated except 

in accordance with section 605 of this Act: Provided further, That 

of the funds under this heading, not to exceed $1,972,000 shall be 

available for the Office of Justice Programs for reimbursable services associated with programs administered by the Community Oriented Policing Services Office: Provided further, That section 

1703(b) and (c) of the Omnibus Crime Control and Safe Streets Act 

of 1968 (‘‘the 1968 Act’’) shall not apply to non-hiring grants made 

pursuant to part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of 

the amounts provided—

(1) $120,000,000 for the hiring of law enforcement officers, 

including $60,000,000 for school resource officers; 

(2) $25,000,000 for the matching grant program for Law 

Enforcement Armor Vests pursuant to section 2501 of part Y of 

the 1968 Act; 

(3) $25,000,000 to improve tribal law enforcement including equipment and training; 

(4) $54,050,000 for policing initiatives to combat methamphetamine production and trafficking and to enhance policing initiatives in ‘‘drug hot spots’’; 

(5) $15,000,000 for Police Corps education and training: 

Provided, That the out-year program costs of new recruits shall 

be fully funded from funds currently available; 

(6) $158,407,000 for a law enforcement technology program; 

(7) $30,000,000 for grants to upgrade criminal records, as 

authorized under the Crime Identification Technology Act of 

1998 (42 U.S.C. 14601); 

(8) $100,000,000 for a DNA analysis and backlog reduction 

formula program, of which:

(A) $55,000,000 shall be for eliminating casework 

backlogs; 

(B) $5,000,000 shall be for eliminating the offender 

backlog; 

(C) $30,000,000 shall be for strengthening crime lab 

capacity; 

(D) $5,000,000 shall be for training the criminal justice 

community; and 

(E) $5,000,000 shall be for using DNA to identify missing persons; 

(9) $10,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act (42 

U.S.C. 3797j et seq.); 

(10) $30,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal 

governments only for costs associated with the prosecution of 

criminal cases declined by local United States Attorneys offices; 

(11) $5,000,000 for an offender re-entry program, as authorized by Public Law 107–273; 

(12) $10,000,000 for a police integrity program; 

(13) $30,000,000 for Project Safe Neighborhoods to reduce 

gun violence, and gang and drug-related crime; 

(14) $24,226,000 for grants, contracts and other assistance 

to States under section 102(b) of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601), of which $5,000,000 is for 

57

the National Institute of Justice for grants, contracts, and other 

agreements to develop school safety technologies and training; (15) $85,000,000 for the COPS Interoperable Communications Technology Program; (16) $4,600,000 for the Safe Schools Initiative; and 

(17) not to exceed $30,000,000 for program management 

and administration. 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women 

as authorized by the Omnibus Crime Control and Safe Streets Act 

of 1968 (‘‘the 1968 Act’’); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the 

Victims of Child Abuse Act of 1990 (‘‘the 1990 Act’’); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children 

Today Act of 2003 (Public Law 108–21); and the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386); 

$387,629,000 (including amounts for administrative costs, which 

shall be transferred to and merged with the ‘‘Justice Assistance’’ account), to remain available until expended. 

Of the amount provided— (1) $11,897,000 for the court appointed special advocate 

program, as authorized by section 217 of the 1990 Act; (2) $2,281,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of 

the 1990 Act; 

(3) $994,000 for grants for televised testimony, as authorized by part N of the 1968 Act; (4) $168,334,000 for grants to combat violence against 

women, as authorized by part T of the 1968 Act, of which— (A) $5,200,000 shall be for the National Institute of 

Justice for research and evaluation of violence against 

women; and 

(B) $10,000,000 shall be for the Office of Juvenile Justice and Delinquency Prevention for the Safe Start Program, as authorized by the Juvenile Justice and Delinquency Act of 1974; 

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

authorized by part U of the 1968 Act; 

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

enforcement assistance grants, as authorized by section 40295 

of the 1994 Act; 

(7) $4,957,000 for training programs as authorized by section 40152 of the 1994 Act, and for related local demonstration 

projects; 

(8) $2,981,000 for grants to improve the stalking and domestic violence databases, as authorized by section 40602 of the 

1994 Act; 

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

campus, as authorized by section 1108(a) of Public Law 106–

386; 

(10) $39,740,000 for legal assistance for victims, as authorized by section 1201 of Public Law 106–386; 

58

(11) $4,968,000 for enhancing protection for older and disabled women from domestic violence and sexual assault as authorized by section 40802 of the 1994 Act; 

(12) $14,903,000 for the safe havens for children pilot program as authorized by section 1301 of Public Law 106–386; 

(13) $15,000,000 shall be for transitional housing assistance grants for victims of domestic violence, stalking or sexual 

assault as authorized by Public Law 108–21; and

(14) $7,451,000 for education and training to end violence 

against and abuse of women with disabilities, as authorized by 

section 1402 of Public Law 106–386. 

JUVENILE JUSTICE PROGRAMS

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention 

Act of 1974 (‘‘the Act’’), and other juvenile justice programs, including salaries and expenses in connection therewith to be transferred 

to and merged with the appropriations for Justice Assistance, 

$352,700,000, to remain available until expended, as follows: 

(1) $3,600,000 for concentration of Federal efforts, as authorized by section 204 of the Act; 

(2) $84,000,000 for State and local programs authorized by 

section 221 of the Act, including training and technical assistance to assist small, non-profit organizations with the Federal 

grants process; 

(3) $2,500,000 for research, evaluation, training and technical assistance, as authorized by sections 251 and 252 of the 

Act; 

(4) $79,600,000 for demonstration projects as authorized by 

sections 261 and 262 of the Act; 

(5) $80,000,000 for delinquency prevention, as authorized 

by section 505 of the Act, of which—

(A) $10,000,000 shall be for the Tribal Youth program; 

(B) $20,000,000 shall be for a gang resistance education and training program to be coordinated with the Bureau of Alcohol, Tobacco, Firearms and Explosives; and 

(C) $25,000,000 shall be for grants of $360,000 to each 

State and $6,640,000 shall be available for discretionary 

grants to States, for programs and activities to enforce 

State laws prohibiting the sale of alcoholic beverages to minors or the purchase or consumption of alcoholic beverages 

by minors, prevention and reduction of consumption of alcoholic beverages by minors, and for technical assistance 

and training; 

(6) $5,000,000 for Project Childsafe; 

(7) $10,000,000 for the Secure Our Schools Act as authorized by Public Law 106–386; 

(8) $15,000,000 for Project Sentry to reduce youth gun violence, and gang and drug-related crime; 

(9) $13,000,000 for programs authorized by the Victims of 

Child Abuse Act of 1990; and 

(10) $60,000,000 for the Juvenile Accountability Block 

Grants program as authorized by Public Law 107–273 and 

Guam shall be considered a State: 

59

Provided, That not more than 10 percent of each amount in this section may be used for research, evaluation, and statistics activities 

designed to benefit the programs or activities authorized, and not 

more than 2 percent of each amount may be used for training and 

technical assistance. 

PUBLIC SAFETY OFFICERS BENEFITS

To remain available until expended, for payments authorized by 

part L of title I of the Omnibus Crime Control and Safe Streets Act 

of 1968 (42 U.S.C. 3796), such sums as are necessary, as authorized 

by section 6093 of Public Law 100–690 (102 Stat. 4339–4340); and 

$3,000,000, to remain available until expended for payments as authorized by section 1201(b) of said Act. 

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

(INCLUDING RESCISSION)

SEC. 101. In addition to amounts otherwise made available in 

this title for official reception and representation expenses, a total 

of not to exceed $45,000 from funds appropriated to the Department 

of Justice in this title shall be available to the Attorney General for 

official reception and representation expenses. 

SEC. 102. None of the funds appropriated by this title shall be 

available to pay for an abortion, except where the life of the mother 

would be endangered if the fetus were carried to term, or in the case 

of rape: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be 

null and void. 

SEC. 103. None of the funds appropriated under this title shall 

be used to require any person to perform, or facilitate in any way 

the performance of, any abortion. 

SEC. 104. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort 

services necessary for a female inmate to receive such service outside 

the Federal facility: Provided, That nothing in this section in any 

way diminishes the effect of section 103 intended to address the 

philosophical beliefs of individual employees of the Bureau of Prisons. 

SEC. 105. Notwithstanding any other provision of law, not to exceed $10,000,000 of the funds made available in this Act may be 

used to establish and publicize a program under which publicly advertised, extraordinary rewards may be paid, which shall not be 

subject to spending limitations contained in sections 3059 and 3072 

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

$100,000 or more, up to a maximum of $2,000,000, may not be 

made without the personal approval of the President or the Attorney 

General and such approval may not be delegated: Provided further, 

That rewards made pursuant to section 501 of Public Law 107–56 

shall not be subject to this section. 

SEC. 106. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Justice 

in this Act may be transferred between such appropriations, but no 

such appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as 

60

a reprogramming of funds under section 605 of this Act and shall 

not be available for obligation except in compliance with the procedures set forth in that section. 

SEC. 107. Section 114 of Public Law 107–77 shall remain in effect during fiscal year 2004. 

SEC. 108. (a) Hereafter, the Attorney General is authorized to 

transfer, under such terms and conditions as the Attorney General 

shall specify, forfeited real or personal property of limited or marginal value, as such value is determined by guidelines established 

by the Attorney General, to a State or local government agency, or 

its designated contractor or transferee, for use to support drug abuse 

treatment, drug and crime prevention and education, housing, job 

skills, and other community-based public health and safety programs.

(b) Any transfer under the preceding proviso shall not create or 

confer any private right of action in any person against the United 

States, and shall be treated as a reprogramming under section 605 

of this Act. 

SEC. 109. Authorities contained in the 21st Century Department 

of Justice Appropriations Authorization Act (Public Law 107–273) 

shall remain in effect until the effective date of a subsequent Department of Justice appropriations authorization Act. 

SEC. 110. None of the funds appropriated or otherwise made 

available by this Act or any other Act to the Department of Justice 

shall be expended for the purpose of reimbursement or direct payments for the legal fees of an individual employed as an attorney 

in the Department of Justice for a matter in which the individual 

is the subject of a disciplinary recommendation for ethical misconduct by the Counsel for Professional Responsibility. 

SEC. 111. In addition to the amounts provided under ‘‘Salaries and Expenses, United States Attorneys’’, $15,000,000 shall be for 

Project Seahawk and shall remain available until expended. 

SEC. 112. (a)(1) None of the funds provided in this Act or hereafter may be used for courts or law enforcement officers for a tribe 

or village—

(A) in which fewer than 25 Native members live in the village year round; or 

(B) that is located within the boundaries of the Fairbanks 

North Star Borough, the Matanuska Susitna Borough, the Municipality of Anchorage, the Kenai Peninsula Borough, the City 

and Borough of Juneau, the Sitka Borough, or the Ketchikan 

Borough. 

(2)(A) There is established an Alaska Rural Justice and Law 

Enforcement Commission (hereinafter ‘‘Justice Commission’’). The 

United States Attorney General shall appoint the Justice Commission which shall include a Federal Co-chairman, the Attorney General for the State of Alaska or his designee who shall act as the 

State Co-Chairman, the Commissioner of Public Safety for the State 

of Alaska, a representative from the Alaska Municipal League, a 

representative from an organized borough, a representative of the 

Alaska Federation of Natives, a tribal representative, a representative from a non-profit Native corporation that operates Village Public Safety Officer programs, and a representative from the Alaska 

Native Justice Center. The chief judge for the Federal District Court 

for the District of Alaska may also appoint a non-voting representaVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00064 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
61

tive to provide technical support. The Justice Commission may hire 

such staff as is necessary to assist with its work. 

(B) The Justice Commission shall review Federal, State, local, 

and tribal jurisdiction over civil and criminal matters in Alaska but 

outside the Municipality of Anchorage, the Fairbanks North Star 

Borough, the Kenai Peninsula Borough, the Matanuska-Susitna 

Borough, the City and Borough of Juneau, the Sitka Borough, and 

the Ketchikan Borough. It shall make recommendations to Congress 

and the Alaska State Legislature no later than May 1, 2004, on options which shall include the following— 

(i) create a unified law enforcement system, court system, 

and system of local laws or ordinances for Alaska Native villages and communities of varying sizes including the possibility 

of first, second, and third class villages with different powers; 

(ii) meet the law enforcement and judicial personnel needs 

in rural Alaska including the possible use of cross deputization 

in a way that maximizes the existing resources of Federal, 

State, local, and tribal governments; 

(iii) address the needs to regulate alcoholic beverages including the prohibition of the sale, importation, use, or possession of alcoholic beverages and to provide restorative justice for 

persons who violate such laws including treatment; and 

(iv) address the problem of domestic violence and child 

abuse including treatment options and restorative justice. 

(b)(1) The General Accounting Office shall immediately begin a 

review of Federal programs benefitting rural communities in Alaska 

including the name of each program and the department or agency 

that administers it, the amount of funds provided to Alaska through 

each program, a list of the statutes and regulations governing use 

of funds for each program, and any data demonstrating the performance of each program. With respect to housing programs, the 

study shall determine the number of houses built by each Native 

housing authority including the cost per house. The Office shall submit a report of its findings to the House and Senate Committees on 

Appropriations, and to the Alaska Federation of Natives no later 

than April 30, 2004. 

(2) The Alaska Federation of Natives, in consultation with the 

Alaska Municipal League, may review the delivery of Federal programs in Alaska and make recommendations to the Congress to reduce duplication, improve and consolidate delivery of services, 

streamline application and administrative procedures, improve accountability, mandate performance measures, and other actions to 

reduce costs and improve efficiency. 

(c) The Federal Advisory Committee Act shall not apply to this 

section. 

(d) Amend the Denali Commission Act (Title III of Public Law 

105–277) by adding a new section as follows: 

‘‘SEC. 310. (a) The Federal Co-chairman of the Denali Commission shall appoint an Economic Development Committee to be 

chaired by the president of the Alaska Federation of Natives which 

shall include the Commissioner of Community and Economic Affairs for the State of Alaska, a representative from the Alaska Bankers Association, the chairman of the Alaska Permanent Fund, a representative from the Alaska State Chamber of Commerce, and a representative from each region. Of the regional representatives, at 

62

least two each shall be from Native regional corporations, Native 

non-profit corporations, tribes, and borough governments. 

‘‘(b) The Economic Development Committee is authorized to consider and approve applications from Regional Advisory Committees 

for grants and loans to promote economic development and promote 

private sector investment to reduce poverty in economically distressed rural villages. The Economic Development Committee may 

make mini-grants to individual applicants and may issue loans 

under such terms and conditions as it determines. 

‘‘(c) The State Co-chairman of the Denali Commission shall appoint a Regional Advisory Committee for each region which may include representatives from local, borough, and tribal governments, 

the Alaska Native non-profit corporation operating in the region, 

local Chambers of Commerce, and representatives of the private sector. Each Regional Advisory Committee shall develop a regional economic development plan for consideration by the Economic Development Committee. 

‘‘(d) The Economic Development Committee, in consultation 

with the First Alaskans Institute, may develop rural development 

performance measures linking economic growth to poverty reduction 

to measure the success of its program which may include economic, 

educational, social, and cultural indicators. The performance measures will be tested in one region for two years and evaluated by the 

University of Alaska before being deployed statewide. Thereafter, 

performance in each region shall be evaluated using the performance measures, and the Economic Development Committee shall not 

fund projects which do not demonstrate success. 

‘‘(e) Within the amounts made available annually to the Denali 

Commission for training, the Commission may make a grant to the 

First Alaskans Foundation upon submittal of an acceptable work 

plan to assist Alaska Natives and other rural residents in acquiring 

the skills and training necessary to participate fully in private sector business and economic and development opportunities through 

fellowships, scholarships, internships, public service programs, and 

other leadership initiatives. 

‘‘(f) The Committee shall sponsor a statewide economic development summit in consultation with the World Bank to evaluate the 

best practices for economic development worldwide and how they 

can be incorporated into regional economic development plans. 

‘‘(g) There is authorized to be appropriated such sums as may 

be necessary to the following agencies which shall be transferred to 

the Denali Commission as a direct lump sum payment to implement 

this section: 

‘‘(1) Department of Commerce, Economic Development Administration, 

‘‘(2) Department of Housing and Urban Development, 

‘‘(3) Department of the Interior, Bureau of Indian Affairs, 

‘‘(4) Department of Agriculture, Rural Development Administration, and 

‘‘(5) Small Business Administration.’’.

SEC. 113. For an additional amount for the ‘‘Local Law Enforcement Block Grant’’ program to be provided to the City of San 

Juan, Puerto Rico, $550,000. 

SEC. 114. Of the unobligated balances available to the Department of Justice from prior year appropriations with the exception of 

63

funds provided for counterterrorism activities, counterintelligence 

activities, white collar crime enforcement, organized crime enforcement, and drug enforcement, $100,000,000 are rescinded: Provided, 

That within 30 days after the date of the enactment of this section 

the Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the amount of each rescission made pursuant to this section. 

This title may be cited as the ‘‘Department of Justice Appropriations Act, 2004’’. 

TITLE II—DEPARTMENT OF COMMERCE AND RELATED 

AGENCIES 

TRADE AND INFRASTRUCTURE DEVELOPMENT

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

For necessary expenses of the Office of the United States Trade 

Representative, including the hire of passenger motor vehicles and 

the employment of experts and consultants as authorized by 5 

U.S.C. 3109, $41,994,000, of which $1,000,000 shall remain available until expended: Provided, That not to exceed $124,000 shall be 

available for official reception and representation expenses: Provided further, That not less than $2,000,000 provided under this 

heading shall be for expenses authorized by 19 U.S.C. 2451 and 

1677b(c): Provided further, That negotiations shall be conducted 

within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the International Trade Commission, 

including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, and not to exceed $2,500 for official reception 

and representation expenses, $58,295,000, to remain available until 

expended. 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For necessary expenses for international trade activities of the 

Department of Commerce provided for by law, and for engaging in 

trade promotional activities abroad, including expenses of grants 

and cooperative agreements for the purpose of promoting exports of 

United States firms, without regard to 44 U.S.C. 3702 and 3703; 

full medical coverage for dependent members of immediate families 

of employees stationed overseas and employees temporarily posted 

overseas; travel and transportation of employees of the United 

States and Foreign Commercial Service between two points abroad, 

64

without regard to 49 U.S.C. 40118; employment of Americans and 

aliens by contract for services; rental of space abroad for periods not 

exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition 

structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such claims 

arise in foreign countries; not to exceed $327,000 for official representation expenses abroad; purchase of passenger motor vehicles 

for official use abroad, not to exceed $30,000 per vehicle; obtaining 

insurance on official motor vehicles; and rental of tie lines, 

$395,123,000, to remain available until expended, of which 

$13,000,000 is to be derived from fees to be retained and used by 

the International Trade Administration, notwithstanding 31 U.S.C. 

3302: Provided, That $46,669,000 shall be for Manufacturing and 

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

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

$3,000,000 is to establish an Office of China Compliance; 

$217,040,000 shall be for the United States and Foreign Commercial Service of which $1,500,000 is for the Advocacy Center, 

$2,500,000 is for the Trade Information Center, and $2,100,000 is 

for a China and Middle East Business Center; and $25,050,000 

shall be for Executive Direction and Administration: Provided further, That negotiations shall be conducted within the World Trade 

Organization to recognize the right of members to distribute monies 

collected from antidumping and countervailing duties: Provided further, That the provisions of the first sentence of section 105(f) and 

all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in 

carrying out these activities without regard to section 5412 of the 

Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); 

and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 

shall include payment for assessments for services provided as part 

of these activities. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

For necessary expenses for export administration and national 

security activities of the Department of Commerce, including costs 

associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of Americans and aliens by contract for services 

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

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

countries; not to exceed $15,000 for official representation expenses 

abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by 22 U.S.C. 401(b); 

and purchase of passenger motor vehicles for official use and motor 

vehicles for law enforcement use with special requirement vehicles 

eligible for purchase without regard to any price limitation otherwise established by law, $68,203,000, to remain available until September 30, 2005, of which $7,203,000 shall be for inspections and 

other activities related to national security: Provided, That the proVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00068 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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visions of the first sentence of section 105(f) and all of section 108(c) 

of the Mutual Educational and Cultural Exchange Act of 1961 (22 

U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected 

and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the 

export administration and national security activities of the Department of Commerce and other export control programs of the United 

States and other governments. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

For grants for economic development assistance as provided by 

the Public Works and Economic Development Act of 1965, and for 

trade adjustment assistance, $288,115,000, to remain available 

until expended. 

SALARIES AND EXPENSES

For necessary expenses of administering the economic develop- ment assistance programs as provided for by law, $30,565,000: Provided, That these funds may be used to monitor projects approved 

pursuant to title I of the Public Works Employment Act of 1976, title 

II of the Trade Act of 1974, and the Community Emergency Drought 

Relief Act of 1977. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with 

public or private organizations, $28,859,000. 

ECONOMIC AND INFORMATION INFRASTRUCTURE

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, of economic and 

statistical analysis programs of the Department of Commerce, 

$75,000,000, to remain available until September 30, 2005. 

BUREAU OF THE CENSUS

SALARIES AND EXPENSES

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, 

$194,811,000. 

PERIODIC CENSUSES AND PROGRAMS

For necessary expenses related to the 2010 decennial census, 

$255,200,000, to remain available until September 30, 2005: Provided, That, of the total amount available related to the 2010 decenVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00069 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
66

nial census, $107,090,000 is for the Re-engineered Design Process 

for the Short-Form Only Census, $64,800,000 is for the American 

Community Survey, and $83,310,000 is for the Master Address 

File/Topologically Integrated Geographic Encoding and Referencing 

(MAF/TIGER) system. 

In addition, for expenses to collect and publish statistics for 

other periodic censuses and programs provided for by law, 

$180,853,000, to remain available until September 30, 2005, of 

which $80,082,000 is for economic statistics programs and 

$100,771,000 is for demographic statistics programs: Provided, 

That regarding engineering and design of a facility at the Suitland 

Federal Center, quarterly reports regarding the expenditure of funds 

and project planning, design and cost decisions shall be provided by 

the Bureau, in cooperation with the General Services Administration, to the Committees on Appropriations of the Senate and the 

House of Representatives: Provided further, That none of the funds 

provided in this or any other Act under the heading ‘‘Bureau of the 

Census, Periodic Censuses and Programs’’ shall be used to fund the 

construction and tenant build-out costs of a facility at the Suitland 

Federal Center. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, as provided for by law, of the National 

Telecommunications and Information Administration (NTIA), 

$14,604,000, to remain available until September 30, 2005: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of 

Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services 

and such fees shall be retained and used as offsetting collections for 

costs of such spectrum services, to remain available until expended: 

Provided further, That the Secretary of Commerce is authorized to 

retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in 

furtherance of its assigned functions under this paragraph, and 

such funds received from other Government agencies shall remain 

available until expended. 

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For grants authorized by section 392 of the Communications 

Act of 1934, $22,000,000, to remain available until expended as authorized by section 391 of the Act: Provided, That not to exceed 

$2,000,000 shall be available for program administration as authorized by section 391 of the Act: Provided further, That, notwithstanding the provisions of section 391 of the Act, the prior year unobligated balances may be made available for grants for projects for 

which applications have been submitted and approved during any 

fiscal year. 

67

INFORMATION INFRASTRUCTURE GRANTS

For grants authorized by section 392 of the Communications 

Act of 1934, $15,000,000, to remain available until expended as authorized by section 391 of the Act: Provided, That not to exceed 

$3,000,000 shall be available for program administration and other 

support activities as authorized by section 391: Provided further, 

That, of the funds appropriated herein, not to exceed 5 percent may 

be available for telecommunications research activities for projects 

related directly to the development of a national information infrastructure: Provided further, That, notwithstanding the requirements 

of sections 392(a) and 392(c) of the Act, these funds may be used 

for the planning and construction of telecommunications networks 

for the provision of educational, health care, or public information: 

Provided further, That, notwithstanding any other provision of law, 

no entity that receives telecommunications services at preferential 

rates under section 254(h) of the Act (47 U.S.C. 254(h)) or receives 

assistance under the regional information sharing systems grant 

program of the Department of Justice under part M of title I of the 

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

3796h) may use funds under a grant under this heading to cover 

any costs of the entity that would otherwise be covered by such preferential rates or such assistance, as the case may be. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For necessary expenses of the United States Patent and Trademark Office provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual 

Property and Director of the United States Patent and Trademark 

Office, $1,222,460,000, to remain available until expended, which 

amount shall be derived from offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, and 

shall be retained and used for necessary expenses in this appropriation: Provided, That the sum herein appropriated from the general 

fund shall be reduced as such offsetting collections are received during fiscal year 2004, so as to result in a fiscal year 2004 appropriation from the general fund estimated at $0: Provided further, That 

during fiscal year 2004, should the total amount of offsetting fee collections be less than $1,222,460,000, the total amounts available to 

the United States Patent and Trademark Office shall be reduced accordingly: Provided further, That from amounts provided herein, 

not to exceed $1,000 shall be made available in fiscal year 2004 for 

official reception and representation expenses: Provided further, 

That, notwithstanding section 1353 of title 31, United States Code, 

no employee of the United States Patent and Trademark Office may 

accept payment or reimbursement from a non-Federal entity for 

travel, subsistence, or related expenses for the purpose of enabling 

an employee to attend and participate in a convention, conference, 

or meeting when the entity offering payment or reimbursement is a 

person or corporation subject to regulation by the Office, or represents a person or corporation subject to regulation by the Office, 

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ation pursuant to section 501(c)(3) of the Internal Revenue Code of 

1986. 

SCIENCE AND TECHNOLOGY

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Under Secretary for Technology 

Office of Technology Policy, $6,411,000. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For necessary expenses of the National Institute of Standards 

and Technology, $344,366,000, to remain available until expended, 

of which not to exceed $282,000 may be transferred to the ‘‘Working 

Capital Fund’’. 

INDUSTRIAL TECHNOLOGY SERVICES

For necessary expenses of the Manufacturing Extension Partnership of the National Institute of Standards and Technology, 

$39,607,000, to remain available until expended. 

In addition, for necessary expenses of the Advanced Technology 

Program of the National Institute of Standards and Technology, 

$179,175,000, to remain available until expended, of which 

$60,700,000 shall be expended for the award of new grants before 

September 30, 2004. 

CONSTRUCTION OF RESEARCH FACILITIES

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance 

of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by 15 U.S.C. 278c–

278e, $64,954,000, to remain available until expended. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of activities authorized by law for the 

National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft; grants, contracts, or other 

payments to nonprofit organizations for the purposes of conducting 

activities pursuant to cooperative agreements; and relocation of facilities as authorized, $2,686,520,000, to remain available until September 30, 2005, except for funds provided for cooperative enforcement which shall remain available until September 30, 2006: Provided, That fees and donations received by the National Ocean 

Service for the management of the national marine sanctuaries may 

be retained and used for the salaries and expenses associated with 

those activities, notwithstanding 31 U.S.C. 3302: Provided further, 

That, in addition, $62,000,000 shall be derived by transfer from the 

fund entitled ‘‘Promote and Develop Fishery Products and Research 

69

Pertaining to American Fisheries’’: Provided further, That grants to 

States pursuant to sections 306 and 306A of the Coastal Zone Management Act of 1972, as amended, shall not exceed $2,000,000, unless funds provided for ‘‘Coastal Zone Management Grants’’ exceed 

funds provided in the previous fiscal year: Provided further, That 

if funds provided for ‘‘Coastal Zone Management Grants’’ exceed 

funds provided in the previous fiscal year, then no State shall receive more than 5 percent or less than 1 percent of the additional 

funds: Provided further, That, of the $2,748,520,000 provided for in 

direct obligations under this heading (of which $2,686,520,000 is 

appropriated from the General Fund and $62,000,000 is provided 

by transfer), $513,910,000 shall be for the National Ocean Service, 

$639,990,000 shall be for the National Marine Fisheries Service, 

$400,813,000 shall be for Oceanic and Atmospheric Research, 

$729,685,000 shall be for the National Weather Service, 

$153,827,000 shall be for the National Environmental Satellite, 

Data, and Information Service, and $310,295,000 shall be for Program Support: Provided further, That no general administrative 

charge shall be applied against an assigned activity included in this 

Act or the report accompanying this Act: Provided further, That 

deobligated balances of funds provided under this heading in previous years shall be deposited in the United States Treasury General Fund: Provided further, That payments of funds made available under this heading to the Department of Commerce Working 

Capital Fund shall not exceed $38,758,000: Provided further, That 

none of the funds under this heading are available to alter the existing structure, organization, function, and funding of the National 

Marine Fisheries Service Southwest Region and Fisheries Science 

Center and Northwest Region and Fisheries Science Center: Provided further, That, hereafter, the Secretary of Commerce may enter 

into cooperative agreements with the Joint and Cooperative Institutes as designated by the Secretary to use the personnel, services, 

or facilities of such organizations for research, education, training, 

and outreach: Provided further, That of the amounts appropriated 

under this heading, $1,207,000 shall be transferred to and merged 

with funds appropriated under the heading, ‘‘Salaries and Expenses, Marine Mammal Commission’’, of which $500,000 shall remain available until September 30, 2005: Provided further, That 

none of the funds in this Act may be used for the National Oceanic 

and Atmospheric Administration to implement the Department of 

Commerce’s E-Government initiatives. 

In addition, for necessary retired pay expenses under the Retired Serviceman’s Family Protection and Survivor Benefits Plan, 

and for payments for medical care of retired personnel and their dependents under the Dependents Medical Care Act (10 U.S.C. ch. 55), 

such sums as may be necessary. 

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For procurement, acquisition and construction of capital assets, 

including alteration and modification costs, of the National Oceanic 

and Atmospheric Administration, $990,127,000, to remain available 

until September 30, 2006, except for funds appropriated for the National Marine Fisheries Service Honolulu Laboratory and the Marine Environmental Health Research Laboratory, which shall remain available until expended: Provided, That of the amounts proVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00073 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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vided for the National Polar-orbiting Operational Environmental 

Satellite System, funds shall only be made available on a dollar for 

dollar matching basis with funds provided for the same purpose by 

the Department of Defense: Provided further, That none of the funds 

provided in this Act or any other Act under the heading ‘‘National 

Oceanic and Atmospheric Administration, Procurement, Acquisition 

and Construction’’ shall be used to fund the General Services Administration’s standard construction and tenant build-out costs of a 

facility at the Suitland Federal Center. 

PACIFIC COASTAL SALMON RECOVERY

For necessary expenses associated with the restoration of Pacific 

salmon populations, $90,000,000. 

FISHERIES FINANCE PROGRAM ACCOUNT

For the costs of direct loans as authorized by the Merchant Marine Act of 1936: Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in the Federal Credit Reform Act of 1990: Provided further, That these funds are available 

to subsidize gross obligations for the principle amount of direct 

loans not to exceed $5,000,000 for Individual Fishing Quota loans, 

and not to exceed $59,000,000 for traditional direct loans, of which 

$40,000,000 may be used for direct loans to the United States distant water tuna fleet, and of which $19,000,000 may be used for direct loans to the United States menhaden fishery: Provided further, 

That none of the funds made available under this heading may be 

used for direct loans for any new fishing vessel that will increase 

the harvesting capacity in any United States fishery. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For expenses necessary for the departmental management of the 

Department of Commerce provided for by law, including not to exceed $5,000 for official entertainment, $47,289,000: Provided, That 

not to exceed 12 full-time equivalents and $1,621,000 shall be expended for the legislative affairs function of the Department. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 

U.S.C. App.), $21,116,000. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING RESCISSION)

SEC. 201. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by 

this Act shall be available for the activities specified in the Act of 

October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner 

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

used for advanced payments not otherwise authorized only upon the 

certification of officials designated by the Secretary of Commerce 

that such payments are in the public interest. 

71

SEC. 202. During the current fiscal year, appropriations made 

available to the Department of Commerce by this Act for salaries 

and expenses shall be available for hire of passenger motor vehicles 

as authorized by 31 U.S.C. 1343 and 1344; services as authorized 

by 5 U.S.C. 3109; and uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901–5902). 

SEC. 203. Hereafter, none of the funds made available by this 

or any other Act for the National Oceanic and Atmospheric Administration may be used to support the hurricane reconnaissance aircraft and activities that are under the control of the United States 

Air Force or the United States Air Force Reserve. 

SEC. 204. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of Commerce 

in this Act may be transferred between such appropriations, but no 

such appropriation shall be increased by more than 10 percent by 

any such transfers: Provided, That any transfer pursuant to this 

section shall be treated as a reprogramming of funds under section 

605 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify 

the Committees on Appropriations at least 15 days in advance of the 

acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this or any 

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

and Related Agencies Appropriations Act.

SEC. 205. Any costs incurred by a department or agency funded 

under this title resulting from personnel actions taken in response 

to funding reductions included in this title or from actions taken for 

the care and protection of loan collateral or grant property shall be 

absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds 

between appropriations accounts as may be necessary to carry out 

this section is provided in addition to authorities included elsewhere 

in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 605 

of this Act and shall not be available for obligation or expenditure 

except in compliance with the procedures set forth in that section. 

SEC. 206. Hereafter, the Secretary of Commerce may use the 

Commerce franchise fund for expenses and equipment necessary for 

the maintenance and operation of such administrative services as 

the Secretary determines may be performed more advantageously as 

central services, pursuant to section 403 of Public Law 103–356: 

Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand 

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

any appropriations made for the purpose of providing capital shall 

be used to capitalize such fund: Provided further, That such fund 

shall be paid in advance from funds available to the Department 

and other Federal agencies for which such centralized services are 

performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and 

equipment, amortization of automated data processing software and 

systems (either acquired or donated), and an amount necessary to 

maintain a reasonable operating reserve, as determined by the Secretary: Provided further, That such fund shall provide services on 

72

a competitive basis: Provided further, That an amount not to exceed 

4 percent of the total annual income to such fund may be retained 

in the fund for fiscal year 2004 and each fiscal year thereafter, to 

remain available until expended, to be used for the acquisition of 

capital equipment, and for the improvement and implementation of 

department financial management, automated data processing, and 

other support systems: Provided further, That such amounts retained in the fund for fiscal year 2004 and each fiscal year thereafter shall be available for obligation and expenditure only in accordance with section 605 of this Act: Provided further, That no 

later than 30 days after the end of each fiscal year, amounts in excess of this reserve limitation shall be deposited as miscellaneous receipts in the Treasury. 

SEC. 207. Notwithstanding any other provision of law, of the 

amounts made available elsewhere in this title to the ‘‘National Institute of Standards and Technology, Construction of Research Facilities’’, $14,000,000 is appropriated to fund a cooperative agreement with the Medical University of South Carolina, $5,000,000 is 

appropriated to the Thayer School of Engineering, of which 

$1,000,000 is for research relating to intelligent control of distributed systems, $2,000,000 is for a smart laser beam project, and 

$2,000,000 is for research relating to nanomagnetics, $500,000 is 

appropriated to the Institute for Information Infrastructure Protection at the Institute for Security and Technology Studies, $1,000,000 

is appropriated for the Institute of Politics, and $500,000 is appropriated for the Coastal Conservation Center. 

SEC. 208. Of the amount available from the fund entitled ‘‘Promote and Develop Fishery Products and Research Pertaining to 

American Fisheries’’, $10,000,000 shall be provided to the Alaska 

Fisheries Marketing Board, $2,000,000 shall be available to the 

Gulf and South Atlantic Fisheries Foundation, $2,000,000 shall be 

available to the South Carolina Seafood Alliance, $1,500,000 shall 

be available to the Oregon Trawl Commission, and $1,500,000 shall 

be available to the Oregon State University Seafood Laboratory: 

Provided, That (1) the Alaska Fisheries Marketing Board (hereinafter ‘‘the Board’’) shall be a nonprofit organization and not an 

agency or establishment of the United States, (2) the Secretary may 

appoint, assign, or otherwise designate as Executive Director an employee of the Department of Commerce, who may serve in an official 

capacity in such position, with or without reimbursement, and such 

appointment or assignment shall be without interruption or loss of 

civil service status or privilege, and (3) the Board may adopt bylaws 

consistent with the purposes of this section, and may undertake 

other acts necessary to carry out the provisions of this section. 

SEC. 209. (a) Notwithstanding the provisions of the Public 

Works and Economic Development Act as amended (42 U.S.C. 3121, 

et seq.) or any other provision of law, the Economic Development 

Administration shall approve the sale, transfer, or conveyance, without compensation to the agency, of any land on the former Charleston Naval Base, located north of Viaduct Road which was improved 

by EDA project numbers 04–49–04196, 04–49–04280, 04–49–04462, 

and 04–49–04461 and funds obligated but not yet disbursed in connection with EDA project number 04–49–04347 shall remain available until expended and, as of September 30, 2003, shall be exempt 

from the application of section 1552 of title 31, United States Code. 

73

(b) Notwithstanding any other provision of law, the Secretary of 

Commerce shall approve, without compensation to the Agency, a 

lease to be entered into by the city of Florence, Alabama, and Alabama Real Estate Holdings, Inc., containing such terms and conditions as the city of Florence determines appropriate, for use of the 

parcel of land (including improvements thereon) located in Florence, 

Alabama, that was improved using assistance from the Economic 

Development Administration under EDA project number 04–01–

03963. 

SEC. 210. (a) The Secretary of Commerce is authorized to operate a marine laboratory in South Carolina in accordance with a 

memorandum of agreement, including any future amendments, 

among the National Oceanic and Atmospheric Administration, the 

National Institute of Standards and Technology, the State of South 

Carolina, the Medical University of South Carolina, and the College 

of Charleston as a partnership for collaborative, interdisciplinary 

marine scientific research. 

(b) To carry out subsection (a), the agencies that are partners 

in the Laboratory may accept, apply for, use, and spend Federal, 

State, private and grant funds as necessary to further the mission 

of the Laboratory without regard to the source or of the period of 

availability of these funds and may apply for and hold patents, as 

well as share personnel, facilities, and property. Any funds collected 

or accepted by any partner may be used to offset all or portions of 

its costs, including overhead, without regard to 31 U.S.C. section 

143302(b); to reimburse other participating agencies for all or portions of their costs; and to fund research and facilities expansion. 

Funds for management and operation of the Laboratory may be 

used to sustain basic laboratory operations for all participating entities. The Secretary of Commerce is authorized to charge fees and 

enter into contracts, grants, cooperative agreements and other arrangements with Federal, State, private entities, and other entities, 

domestic and foreign, to further the mission of the Laboratory. Any 

funds collected from such fees or arrangements shall be used to support cooperative research, basic operations, and facilities enhancement at the Laboratory. 

SEC. 211. EXTENSION OF GUARANTEE AUTHORITY. (a) IN GEN- ERAL.—Section 101(k) of the Emergency Steel Loan Guarantee Act 

of 1999 (Public Law 106–51; 15 U.S.C. 1841 note) is amended by 

striking ‘‘2003’’ and inserting ‘‘2005’’. 

(b) SALARIES AND EXPENSES.—In addition to funds made available under section 101(j) of Emergency Steel Loan Guarantee Act of 

1999 (15 U.S.C. 1841 note), up to $2,000,000 in funds made available under section 101(f) of such Act may be used for salaries and 

administrative expenses to administer the Emergency Steel Loan 

Guarantee Program. 

SEC. 212. In addition to amounts made available under the 

heading ‘‘Procurement, Acquisition and Construction, National Oceanic and Atmospheric Administration’’ $1,500,000 shall be available for the Western Carolina University, $1,000,000 shall be available for the South Florida Museum, $140,000 shall be available for 

the French and Indian War Foundation, $1,000,000 shall be available for the City of Chattanooga, Tennessee, $1,000,000 shall be 

available for the University of Mississippi, $1,000,000 shall be 

available for the City of Charlotte, North Carolina, and $489,000 

74

shall be available for a public safety marine docking facility for 

Hampton, New Hampshire. 

SEC. 213. In addition to amounts appropriated or otherwise made available by this Act or any other Act, $500,000 shall be provided until expended for the Federal Credit Reform Act cost of a reduction loan under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g), not to exceed 

$50,000,000 in principal, that:

(1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a 

term of not less than 30 years; 

(2) carries out a New England lobster fishing capacity reduction program which may include fewer than all management areas of the fishery; 

(3) permanently revokes all fishery licenses, fishery permits, 

area and species endorsements, and any other fishery privileges 

issued to a vessel or vessels (or to persons on the basis of their 

operation or ownership of that vessel or vessels) removed under 

the program; and 

(4) ensures that all vessels removed from the fishery under 

the program are made permanently ineligible to participate in 

any fishery worldwide, and that the owners of such vessels will 

operate only under the United States flag or such vessels shall 

be scrapped as a reduction vessel pursuant to section 

600.1011(c) of title 50, Code of Federal Regulations. 

SEC. 214. In addition to amounts appropriated or otherwise made available by this Act or any other Act, $500,000 shall be provided until expended for the Federal Credit Reform Act cost of a reduction loan under sections 1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f, 1279g), not to exceed 

$50,000,000 in principal, that: 

(1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a 

term of not less than 30 years; 

(2) carries out a Bering Sea and Aleutian Islands non-pollock groundfish capacity reduction program which may include 

fewer than all management areas of the fishery; 

(3) permanently revokes all fishery licenses, fishery permits, 

area and species endorsements, and any other fishery privileges 

issued to a vessel or vessels (or to persons on the basis of their 

operation or ownership of that vessel or vessels) removed under 

the program; and 

(4) ensures that all vessels removed from the fishery under 

the program are made permanently ineligible to participate in 

any fishery worldwide, and that the owners of such vessels will 

operate only under the United States flag or such vessels shall 

be scrapped as a reduction vessel pursuant to section 

600.1011(c) of title 50, Code of Federal Regulations. 

SEC. 215. Of the unobligated balances available to the Department of Commerce from prior year appropriations with the exception of funds provided for coral reef activities, fisheries enforcement, 

the Ocean Health Initiative, land acquisition, and lab construction, 

$100,000,000 are rescinded: Provided, That within 30 days after the 

date of enactment of this section the Secretary of Commerce shall 

submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the amount of each 

rescission made pursuant to this section. 

75

This title may be cited as the ‘‘Department of Commerce and 

Related Agencies Appropriations Act, 2004’’. 

TITLE III—THE JUDICIARY 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

For expenses necessary for the operation of the Supreme Court, 

as required by law, excluding care of the building and grounds, including purchase or hire, driving, maintenance, and operation of an 

automobile for the Chief Justice, not to exceed $10,000 for the purpose of transporting Associate Justices, and hire of passenger motor 

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

$10,000 for official reception and representation expenses; and for 

miscellaneous expenses, to be expended as the Chief Justice may approve, $55,360,000. 

CARE OF THE BUILDING AND GROUNDS

For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect 

as authorized by law, $10,591,000, which shall remain available 

until expended. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

For salaries of the chief judge, judges, and other officers and 

employees, and for necessary expenses of the court, as authorized by 

law, $20,662,000. 

UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

For salaries of the chief judge and eight judges, salaries of the 

officers and employees of the court, services, and necessary expenses 

of the court, as authorized by law, $14,068,000. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For the salaries of circuit and district judges (including judges 

of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United 

States Court of Federal Claims, bankruptcy judges, magistrate 

judges, and all other officers and employees of the Federal Judiciary 

not otherwise specifically provided for, and necessary expenses of the 

courts, as authorized by law, $3,994,176,000 (including the purchase of firearms and ammunition); of which not to exceed 

$27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new 

space alteration and construction projects: Provided, That any funds 

appropriated in this Act to be used for the United States District 

Court for the Eastern District of Texas will also be made available 

76

for the Sherman Division’s expansion into Plano, Texas, and the 

Sherman Division is also granted authority to hold court proceedings there. 

In addition, for expenses of the United States Court of Federal 

Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $3,193,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. 

DEFENDER SERVICES

For the operation of Federal Public Defender and Community 

Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under the Criminal Justice Act of 1964; the compensation and reimbursement of expenses of persons furnishing investigative, expert and other services 

under the Criminal Justice Act of 1964 (18 U.S.C. 3006A(e)); the 

compensation (in accordance with Criminal Justice Act maximums) 

and reimbursement of expenses of attorneys appointed to assist the 

court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of travel expenses of guardians ad litem acting on behalf of financially eligible 

minor or incompetent offenders in connection with transfers from 

the United States to foreign countries with which the United States 

has a treaty for the execution of penal sentences; the compensation 

of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d); 

and for necessary training and general administrative expenses, 

$604,477,000, to remain available until expended. 

FEES OF JURORS AND COMMISSIONERS

For fees and expenses of jurors as authorized by 28 U.S.C. 1871 

and 1876; compensation of jury commissioners as authorized by 28 

U.S.C. 1863; and compensation of commissioners appointed in condemnation cases pursuant to rule 71A(h) of the Federal Rules of 

Civil Procedure (28 U.S.C. Appendix Rule 71A(h)), $57,822,000, to 

remain available until expended: Provided, That the compensation 

of land commissioners shall not exceed the daily equivalent of the 

highest rate payable under section 5332 of title 5, United States 

Code. 

COURT SECURITY

For necessary expenses, not otherwise provided for, incident to 

providing protective guard services for United States courthouses 

and the procurement, installation, and maintenance of security 

equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, and 

other similar activities as authorized by section 1010 of the Judicial 

Improvement and Access to Justice Act (Public Law 100–702), 

$277,500,000, of which not to exceed $10,000,000 shall remain 

available until expended, to be expended directly or transferred to 

the United States Marshals Service, which shall be responsible for 

administering the Judicial Facility Security Program consistent 

with standards or guidelines agreed to by the Director of the AdVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00080 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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ministrative Office of the United States Courts and the Attorney 

General. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For necessary expenses of the Administrative Office of the 

United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b), advertising and rent in the District 

of Columbia and elsewhere, $66,000,000, of which not to exceed 

$8,500 is authorized for official reception and representation expenses.

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219, $21,440,000; of which $1,800,000 

shall remain available through September 30, 2005, to provide education and training to Federal court personnel; and of which not to 

exceed $1,000 is authorized for official reception and representation 

expenses. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

For payment to the Judicial Officers’ Retirement Fund, as authorized by 28 U.S.C. 377(o), $25,700,000; to the Judicial Survivors’ 

Annuities Fund, as authorized by 28 U.S.C. 376(c), $700,000; and 

to the United States Court of Federal Claims Judges’ Retirement 

Fund, as authorized by 28 U.S.C. 178(l), $2,600,000. 

UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $12,354,000, of 

which not to exceed $1,000 is authorized for official reception and 

representation expenses. 

GENERAL PROVISIONS—THE JUDICIARY

SEC. 301. Appropriations and authorizations made in this title 

which are available for salaries and expenses shall be available for 

services as authorized by 5 U.S.C. 3109. 

SEC. 302. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Judiciary in this Act 

may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District 

Courts, and Other Judicial Services, Fees of Jurors and Commissioners’’, shall be increased by more than 10 percent by any such 

transfers: Provided, That any transfer pursuant to this section shall 

be treated as a reprogramming of funds under section 605 of this 

78

Act and shall not be available for obligation or expenditure except 

in compliance with the procedures set forth in that section. 

SEC. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for District Courts, Courts of Appeals, and Other Judicial Services shall be available for official reception and representation expenses of the Judicial Conference of 

the United States: Provided, That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as 

Secretary of the Judicial Conference. 

This title may be cited as the ‘‘Judiciary Appropriations Act, 

2004’’. 

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY 

DEPARTMENT OF STATE 

ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, including employment, 

without regard to civil service and classification laws, of persons on 

a temporary basis (not to exceed $700,000 of this appropriation), as 

authorized by section 801 of the United States Information and 

Educational Exchange Act of 1948; representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the 

Senate or specific Acts of Congress; arms control, nonproliferation 

and disarmament activities as authorized; acquisition by exchange 

or purchase of passenger motor vehicles as authorized by law; and 

for expenses of general administration, $3,420,000,000: Provided, 

That not to exceed 69 permanent positions and $7,311,000 shall be 

expended for the Bureau of Legislative Affairs: Provided further, 

That, of the amount made available under this heading, not to exceed $4,000,000 may be transferred to, and merged with, funds in 

the ‘‘Emergencies in the Diplomatic and Consular Service’’ appropriations account, to be available only for emergency evacuations 

and terrorism rewards: Provided further, That, of the amount made 

available under this heading, $301,563,000 shall be available only 

for public diplomacy international information programs: Provided 

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

$3,000,000 shall be available only for the establishment and operations of an Office on Right-Sizing the United States Government 

Overseas Presence: Provided further, That funds available under 

this heading may be available for a United States Government 

interagency task force to examine, coordinate and oversee United 

States participation in the United Nations headquarters renovation 

project: Provided further, That no funds may be obligated or expended for processing licenses for the export of satellites of United 

States origin (including commercial satellites and satellite components) to the People’s Republic of China unless, at least 15 days in 

advance, the Committees on Appropriations of the House of Representatives and the Senate are notified of such proposed action.

79

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

collected from other executive agencies for lease or use of facilities 

located at the International Center in accordance with section 4 of 

the International Center Act; in addition, as authorized by section 

5 of such Act, $490,000, to be derived from the reserve authorized 

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

in addition, as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $6,000,000, to 

remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees 

from educational advising and counseling and exchange visitor programs; and, in addition, not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair 

House facilities. 

In addition, for the costs of worldwide security upgrades, 

$646,701,000, to remain available until expended: Provided, That, 

of the amounts made available under this paragraph, $5,000,000 is 

for the State Department to establish the Center for Antiterrorism 

and Security Training. 

In addition, for the costs of worldwide OpenNet and classified 

connectivity infrastructure, $40,000,000, to remain available until 

expended. 

CAPITAL INVESTMENT FUND

For necessary expenses of the Capital Investment Fund, 

$80,000,000, to remain available until expended, as authorized: Provided, That section 135(e) of Public Law 103–236 shall not apply 

to funds available under this heading. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General, 

$31,703,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465), as it relates to post inspections. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

For expenses of educational and cultural exchange programs, as 

authorized, $320,000,000, to remain available until expended: Provided, That not to exceed $2,000,000, to remain available until expended, may be credited to this appropriation from fees or other 

payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor 

programs as authorized. 

REPRESENTATION ALLOWANCES

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

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

For expenses, not otherwise provided, to enable the Secretary of 

State to provide for extraordinary protective services, as authorized, 

$10,000,000, to remain available until September 30, 2005. 

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EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

For necessary expenses for carrying out the Foreign Service 

Buildings Act of 1926 (22 U.S.C. 292–303), preserving, maintaining, 

repairing, and planning for buildings that are owned or directly 

leased by the Department of State, renovating, in addition to funds 

otherwise available, the Harry S Truman Building, and carrying 

out the Diplomatic Security Construction Program as authorized, 

$530,000,000, to remain available until expended as authorized, of 

which not to exceed $20,000 may be used for domestic and overseas 

representation as authorized: Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of 

furniture, furnishings, or generators for other departments and 

agencies. 

In addition, for the costs of worldwide security upgrades, acqui- sition, and construction as authorized, $861,400,000, to remain 

available until expended. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

For expenses necessary to enable the Secretary of State to meet 

unforeseen emergencies arising in the Diplomatic and Consular 

Service, $1,000,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to and 

merged with the Repatriation Loans Program Account, subject to 

the same terms and conditions. 

REPATRIATION LOANS PROGRAM ACCOUNT

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

That such costs, including the cost of modifying such loans, shall 

be as defined in section 502 of the Congressional Budget Act of 

1974. In addition, for administrative expenses necessary to carry out 

the direct loan program, $607,000, which may be transferred to and 

merged with the Diplomatic and Consular Programs account under 

Administration of Foreign Affairs. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

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

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

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

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and 

consent of the Senate, conventions or specific Acts of Congress, 

$1,010,463,000: Provided, That the Secretary of State shall transmit 

to the Committees on Appropriations of the Senate and of the House 

of Representatives the most recent biennial budget prepared by the 

United Nations for the operations of the United Nations: Provided 

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further, That the Secretary of State shall notify the Committees on 

Appropriations at least 15 days in advance (or in an emergency, as 

far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying 

an offsetting decrease elsewhere in the United Nations budget and 

cause the United Nations to exceed the adopted budget for the biennium 2002–2003 of $2,891,000,000: Provided further, That any payment of arrearages under this title shall be directed toward special 

activities that are mutually agreed upon by the United States and 

the respective international organization: Provided further, That 

none of the funds appropriated in this paragraph shall be available 

for a United States contribution to an international organization for 

the United States share of interest costs made known to the United 

States Government by such organization for loans incurred on or 

after October 1, 1984, through external borrowings: Provided further, That funds appropriated under this paragraph may be obligated and expended to pay the full United States assessment to the 

civil budget of the North Atlantic Treaty Organization. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

For necessary expenses to pay assessed and other expenses of 

international peacekeeping activities directed to the maintenance or 

restoration of international peace and security, $550,200,000, of 

which 10 percent shall remain available until September 30, 2005: 

Provided, That of the amount provided under this heading, 

$95,358,000 shall be derived from prior year unobligated balances 

from funds previously appropriated under this heading: Provided 

further, That none of the funds made available under this Act shall 

be obligated or expended for any new or expanded United Nations 

peacekeeping mission unless, at least 15 days in advance of voting 

for the new or expanded mission in the United Nations Security 

Council (or in an emergency as far in advance as is practicable): (1) 

the Committees on Appropriations of the House of Representatives 

and the Senate and other appropriate committees of the Congress 

are notified of the estimated cost and length of the mission, the vital 

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

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

Act is submitted, and the procedures therein followed, setting forth 

the source of funds that will be used to pay for the cost of the new 

or expanded mission: Provided further, That funds shall be available for peacekeeping expenses only upon a certification by the Secretary of State to the appropriate committees of the Congress that 

American manufacturers and suppliers are being given opportunities to provide equipment, services, and material for United Nations 

peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further, That none of the funds 

made available under this heading are available to pay the United 

States share of the cost of court monitoring that is part of any 

United Nations peacekeeping mission. 

INTERNATIONAL COMMISSIONS

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

of Congress, as follows: 

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INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

For necessary expenses for the United States Section of the 

International Boundary and Water Commission, United States and 

Mexico, and to comply with laws applicable to the United States 

Section, including not to exceed $6,000 for representation; as follows: 

SALARIES AND EXPENSES

For salaries and expenses, not otherwise provided for, 

$26,000,000. 

CONSTRUCTION

For detailed plan preparation and construction of authorized 

projects, $3,551,000, to remain available until expended, as authorized. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for the 

Border Environment Cooperation Commission as authorized by 

Public Law 103–182, $8,944,000, of which not to exceed $9,000 

shall be available for representation expenses incurred by the International Joint Commission. 

INTERNATIONAL FISHERIES COMMISSIONS

For necessary expenses for international fisheries commissions, 

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

OTHER

PAYMENT TO THE ASIA FOUNDATION

For a grant to the Asia Foundation, as authorized by the Asia 

Foundation Act (22 U.S.C. 4402), $13,000,000, to remain available 

until expended, as authorized. 

INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

TRUST FUND

For a grant to the International Center for Middle EasternWestern Dialogue Trust Fund, $7,000,000, for operation of the International Center for Middle Eastern-Western Dialogue, Istanbul, 

Turkey, to remain available until expended, of which $250,000 shall 

be made available out of such Trust Fund for the establishment and 

operation of a steering committee, which the Secretary of State shall 

appoint to establish the International Center for Middle EasternWestern Dialogue. 

83

INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

For necessary expenses of the International Center for Middle 

Eastern-Western Dialogue, out of the International Center for Middle Eastern-Western Dialogue Trust Fund, the total amount of the 

interest and earnings accruing to such Fund before October 1, 2004, 

to remain available until expended. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

For necessary expenses of Eisenhower Exchange Fellowships, 

Incorporated, as authorized by sections 4 and 5 of the Eisenhower 

Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest 

and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2004, to remain available until expended: Provided, That none of the funds appropriated 

herein shall be used to pay any salary or other compensation, or to 

enter into any contract providing for the payment thereof, in excess 

of the rate authorized by 5 U.S.C. 5376; or for purposes which are 

not in accordance with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal 

services. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

For necessary expenses of the Israeli Arab Scholarship Program 

as authorized by section 214 of the Foreign Relations Authorization 

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and 

earnings accruing to the Israeli Arab Scholarship Fund on or before 

September 30, 2004, to remain available until expended. 

EAST-WEST CENTER

To enable the Secretary of State to provide for carrying out the 

provisions of the Center for Cultural and Technical Interchange Between East and West Act of 1960, by grant to the Center for Cultural and Technical Interchange Between East and West in the 

State of Hawaii, $17,880,000: Provided, That none of the funds appropriated herein shall be used to pay any salary, or enter into any 

contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376: Provided further, That, notwithstanding 

any other provision of law, the funds appropriated to the East-West 

Center appropriation in Public Law 108–7 may be obligated and expended notwithstanding section 15 of the State Department Basic 

Authorities Act of 1956, as amended. 

NATIONAL ENDOWMENT FOR DEMOCRACY

For grants made by the Department of State to the National 

Endowment for Democracy as authorized by the National Endowment for Democracy Act, $40,000,000 to remain available until expended. 

84

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For expenses necessary to enable the Broadcasting Board of 

Governors, as authorized, to carry out international communication 

activities, including the purchase, installation, rent, and improvement of facilities for radio and television transmission and reception 

to Cuba, $546,038,000, of which not to exceed $16,000 may be used 

for official receptions within the United States as authorized, not to 

exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception 

and representation expenses of Radio Free Europe/Radio Liberty; 

and in addition, notwithstanding any other provision of law, not to 

exceed $2,000,000 in receipts from advertising and revenue from 

business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 in 

receipts from privatization efforts of the Voice of America and the 

International Broadcasting Bureau, to remain available until expended for carrying out authorized purposes: Provided, That of the 

amount made available under this heading, $42,250,000 shall be 

available to make and supervise grants to the Middle East Television Network, including Radio Sawa, for radio and television 

broadcasting to the Middle East. 

BROADCASTING CAPITAL IMPROVEMENTS

For the purchase, rent, construction, and improvement of facilities for radio transmission and reception, and purchase and installation of necessary equipment for radio and television transmission 

and reception as authorized, $11,395,000, to remain available until 

expended, as authorized.

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

SEC. 401. Funds appropriated under this title shall be available, except as otherwise provided, for allowances and differentials 

as authorized by subchapter 59 of title 5, United States Code; for 

services as authorized by 5 U.S.C. 3109; and for hire of passenger 

transportation pursuant to 31 U.S.C. 1343(b). 

SEC. 402. Not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Department of State in 

this Act may be transferred between such appropriations, but no 

such appropriation, except as otherwise specifically provided, shall 

be increased by more than 10 percent by any such transfers: Provided, That not to exceed 5 percent of any appropriation made 

available for the current fiscal year for the Broadcasting Board of 

Governors in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically 

provided, shall be increased by more than 10 percent by any such 

transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 605 

of this Act and shall not be available for obligation or expenditure 

except in compliance with the procedures set forth in that section. 

85

SEC. 403. None of the funds made available in this Act may be 

used by the Department of State or the Broadcasting Board of Governors to provide equipment, technical support, consulting services, 

or any other form of assistance to the Palestinian Broadcasting Corporation. 

SEC. 404. For the purposes of registration of birth, certification 

of nationality, or issuance of a passport of a United States citizen 

born in the city of Jerusalem, the Secretary of State shall, upon request of the citizen, record the place of birth as Israel. 

SEC. 405. Section 2502 of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11) is repealed. 

SEC. 406. An application for a visa shall be denied without 

prejudice under section 221(g) of the Immigration and Nationality 

Act (8 U.S.C. 4 1201(g)) if the application is delayed for a period 

of more than 60 days from the date of application due to administrative processing by any agency in making a determination of inadmissibility under section 212(a)(3) of that Act (8 U.S.C. 1182(a)(3)). 

SEC. 407. Funds appropriated by this Act for the Broadcasting 

Board of Governors and the Department of State may be obligated 

and expended notwithstanding section 15 of the State Department 

Basic Authorities Act of 1956, section 313 of the Foreign Relations 

Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–

236), and section 504(a)(1) of the National Security Act of 1947 (50 

U.S.C. 414(a)(1)). 

SEC. 408. (a) The Senior Policy Operating Group on Trafficking 

in Persons, established under section 406 of division B of Public 

Law 108–7 to coordinate agency activities regarding policies (including grants and grant policies) involving the international trafficking in persons, shall coordinate all such policies related to the 

activities of traffickers and victims of severe forms of trafficking. 

(b) None of the funds provided in this or any other Act shall 

be expended to perform functions that duplicate coordinating responsibilities of the Operating Group. 

(c) The Operating Group shall continue to report only to the authorities that appointed them pursuant to section 406 of division B 

of Public Law 108–7. 

SEC. 409. The Secretary of State shall provide to a member of 

the Committee on Appropriations of the Senate or the Committee on 

Appropriations of the House of Representatives a copy of each cable 

sent to or by a Department of State employee that pertains to any 

topic specified by the requesting member, regardless of the level of 

classification of the cable, not later than 15 days after the date on 

which the member makes a written or verbal request for such copies. 

This title may be cited as the ‘‘Department of State and Related 

Agency Appropriations Act, 2004’’. 

TITLE V—RELATED AGENCIES 

ANTITRUST MODERNIZATION COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Antitrust Modernization Commission, as authorized by Public Law 107–273, $1,200,000, to remain 

available until expended. 

86

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

For expenses for the Commission for the Preservation of Amer- ica’s Heritage Abroad, $496,000, as authorized by section 1303 of 

Public Law 99–83. 

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

For necessary expenses of the Commission on Civil Rights, in- cluding hire of passenger motor vehicles, $9,096,000: Provided, That 

not to exceed $50,000 may be used to employ consultants: Provided 

further, That none of the funds appropriated in this paragraph 

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

Schedule C of the Excepted Service exclusive of one special assistant 

for each Commissioner: Provided further, That none of the funds 

appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the 

chairperson, who is permitted 125 billable days. 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

For necessary expenses for the United States Commission on 

International Religious Freedom, as authorized by title II of the 

International Religious Freedom Act of 1998 (Public Law 105–292), 

$3,000,000, to remain available until expended. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, 

$1,615,000, to remain available until expended as authorized by section 3 of Public Law 99–7. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized, $1,800,000, 

including not more than $3,000 for the purpose of official representation, to remain available until expended: Provided, That $300,000 

shall be for the Political Prisoners Registry.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Equal Employment Opportunity 

Commission as authorized by title VII of the Civil Rights Act of 

1964 (29 U.S.C. 206(d) and 621–634), the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, including servVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00090 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
87

ices as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b); non-monetary awards to 

private citizens; and not to exceed $33,000,000 for payments to State 

and local enforcement agencies for services to the Commission pursuant to title VII of the Civil Rights Act of 1964, sections 6 and 14 

of the Age Discrimination in Employment Act, the Americans with 

Disabilities Act of 1990, and the Civil Rights Act of 1991, 

$328,400,000: Provided, That the Commission is authorized to make 

available for official reception and representation expenses not to exceed $2,500 from available funds. 

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed 

$600,000 for land and structure; not to exceed $500,000 for improvement and care of grounds and repair to buildings; not to exceed 

$4,000 for official reception and representation expenses; purchase 

and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $273,958,000: Provided, That 

$272,958,000 of offsetting collections shall be assessed and collected 

pursuant to section 9 of title I of the Communications Act of 1934, 

shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, 

That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2004 so as to result 

in a final fiscal year 2004 appropriation estimated at $1,000,000: 

Provided further, That any offsetting collections received in excess 

of $272,958,000 in fiscal year 2004 shall remain available until expended, but shall not be available for obligation until October 1, 

2004: Provided further, That notwithstanding 47 U.S.C. 

309(j)(8)(B), proceeds from the use of a competitive bidding system 

that may be retained and made available for obligation shall not 

exceed $85,000,000 for fiscal year 2004. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 

5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception 

and representation expenses, $186,041,000, to remain available 

until expended: Provided, That not to exceed $300,000 shall be 

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

services in accordance with the terms of 31 U.S.C. 3718: Provided 

further, That, notwithstanding any other provision of law, not to exceed $112,000,000 of offsetting collections derived from fees collected 

for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the 

year of collection, shall be retained and used for necessary expenses 

in this appropriation: Provided further, That $23,100,000 in offsetting collections derived from fees sufficient to implement and enforce 

88

the Telemarketing Sales Rule, promulgated under the Telephone 

Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), 

shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further, That the 

sum herein appropriated from the general fund shall be reduced as 

such offsetting collections are received during fiscal year 2004, so as 

to result in a final fiscal year 2004 appropriation from the general 

fund estimated at not more than $50,941,000: Provided further, 

That none of the funds made available to the Federal Trade Commission may be used to enforce subsection (e) of section 43 of the 

Federal Deposit Insurance Act (12 U.S.C. 1831t) or section 151(b)(2) 

of the Federal Deposit Insurance Corporation Improvement Act of 

1991 (12 U.S.C. 1831t note): Provided further, That, not later than 

60 days after the date of enactment of this Act, the Federal Trade 

Commission shall amend the Telemarketing Sales Rule to require 

telemarketers subject to the Telemarketing Sales Rule to obtain from 

the Federal Trade Commission the list of telephone numbers on the 

‘‘do-not-call’’ registry once a month. 

HELP COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the HELP Commission, $3,000,000, to 

remain available until expended. 

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

For payment to the Legal Services Corporation to carry out the 

purposes of the Legal Services Corporation Act of 1974, 

$338,848,000, of which $317,471,000 is for basic field programs and 

required independent audits; $2,600,000 is for the Office of Inspector General, of which such amounts as may be necessary may be 

used to conduct additional audits of recipients; $13,300,000 is for 

management and administration; $2,977,000 is for client self-help 

and information technology; and $2,500,000 is for grants to offset 

losses due to census adjustments. 

ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION

None of the funds appropriated in this Act to the Legal Services 

Corporation shall be expended for any purpose prohibited or limited 

by, or contrary to any of the provisions of, sections 501, 502, 503, 

504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject 

to the same terms and conditions set forth in such sections, except 

that all references in sections 502 and 503 to 1997 and 1998 shall 

be deemed to refer instead to 2003 and 2004, respectively, and except that section 501(a)(1) of Public Law 104–134 (110 Stat. 1321–

51, et seq.) shall not apply to the use of the $2,500,000 to address 

loss of funding due to Census-based reallocations. 

89

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Marine Mammal Commission as 

authorized by title II of Public Law 92–522, $1,856,000. 

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

For necessary expenses of the National Veterans Business Development Corporation as authorized under section 33(a) of the Small 

Business Act, $2,000,000, to remain available until expended. 

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,000 for official reception 

and representation expenses, $811,500,000; of which not to exceed 

$10,000 may be used toward funding a permanent secretariat for 

the International Organization of Securities Commissions; and of 

which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations, appropriate representatives and staff to exchange views concerning developments relating to securities matters, development 

and implementation of cooperation agreements concerning securities 

matters and provision of technical assistance for the development of 

foreign securities markets, such expenses to include necessary logistic and administrative expenses and the expenses of Commission 

staff and foreign invitees in attendance at such consultations and 

meetings including: (1) such incidental expenses as meals taken in 

the course of such attendance; (2) any travel and transportation to 

or from such meetings; and (3) any other related lodging or subsistence: Provided, That fees and charges authorized by sections 6(b) of 

the Securities Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 

14(g) and 31 of the Securities Exchange Act of 1934 (15 U.S.C. 

78m(e), 78n(g), and 78ee), shall be credited to this account as offsetting collections: Provided further, That not to exceed $691,500,000 

of such offsetting collections shall be available until expended for 

necessary expenses of this account: Provided further, That 

$120,000,000 shall be derived from prior year unobligated balances 

from funds previously appropriated to the Securities and Exchange 

Commission: Provided further, That the total amount appropriated 

under this heading from the general fund for fiscal year 2004 shall 

be reduced as such offsetting fees are received so as to result in a 

final total fiscal year 2004 appropriation from the general fund estimated at not more than $0. 

SMALL BUSINESS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the Small 

Business Administration as authorized by Public Law 105–135, inVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00093 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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cluding hire of passenger motor vehicles as authorized by 31 U.S.C. 

1343 and 1344, and not to exceed $3,500 for official reception and 

representation expenses, $325,750,000: Provided, That the Administrator is authorized to charge fees to cover the cost of publications 

developed by the Small Business Administration, and certain loan 

servicing activities: Provided further, That, notwithstanding 31 

U.S.C. 3302, revenues received from all such activities shall be credited to this account, to be available for carrying out these purposes 

without further appropriations: Provided further, That $89,000,000 

shall be available to fund grants for performance in fiscal year 2004 

or fiscal year 2005 as authorized. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, 

$13,000,000. 

BUSINESS LOANS PROGRAM ACCOUNT

For the cost of direct loans, $1,910,000, to be available until expended; and for the cost of guaranteed loans, $79,132,000, as authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain 

available until September 30, 2005: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, 

That during fiscal year 2004 commitments to guarantee loans under 

section 503 of the Small Business Investment Act of 1958, shall not 

exceed $4,500,000,000: Provided further, That during fiscal year 

2004 commitments for general business loans authorized under section 7(a) of the Small Business Act, shall not exceed 

$10,000,000,000 without prior notification of the Committees on Appropriations of the House of Representatives and Senate in accordance with section 605 of this Act: Provided further, That during fiscal year 2004 commitments to guarantee loans for debentures and 

participating securities under section 303(b) of the Small Business 

Investment Act of 1958, shall not exceed the levels established by 

section 20(i)(1)(C) of the Small Business Act. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $128,000,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. 

DISASTER LOANS PROGRAM ACCOUNT

For the cost of direct loans authorized by section 7(b) of the 

Small Business Act, $56,188,000, to remain available until expended: Provided, That such costs, including the cost of modifying 

such loans, shall be as defined in section 502 of the Congressional 

Budget Act of 1974. 

In addition, for administrative expenses to carry out the direct 

loan program, $114,363,000, which may be transferred to and 

merged with appropriations for Salaries and Expenses, of which 

$500,000 is for the Office of Inspector General of the Small Business 

Administration for audits and reviews of disaster loans and the disaster loan program and shall be transferred to and merged with appropriations for the Office of Inspector General; of which 

91

$105,363,000 is for direct administrative expenses of loan making 

and servicing to carry out the direct loan program; and of which 

$8,500,000 is for indirect administrative expenses: Provided, That 

any amount in excess of $8,500,000 to be transferred to and merged 

with appropriations for Salaries and Expenses for indirect administrative expenses shall be treated as a reprogramming of funds under 

section 605 of this Act and shall not be available for obligation or 

expenditure except in compliance with the procedures set forth in 

that section. 

ADMINISTRATIVE PROVISION—SMALL BUSINESS ADMINISTRATION

Not to exceed 5 percent of any appropriation made available for 

the current fiscal year for the Small Business Administration in this 

Act may be transferred between such appropriations, but no such 

appropriation shall be increased by more than 10 percent by any 

such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 

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

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1992 (Public 

Law 102–572), $2,250,000: Provided, That not to exceed $2,500 

shall be available for official reception and representation expenses. 

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the United States-China Economic 

and Security Review Commission, $2,000,000. 

TITLE VI—GENERAL PROVISIONS 

(INCLUDING RESCISSIONS)

SEC. 601. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes not authorized 

by the Congress. 

SEC. 602. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 603. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract, pursuant 

to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or 

under existing Executive order issued pursuant to existing law. 

SEC. 604. If any provision of this Act or the application of such 

provision to any person or circumstances shall be held invalid, the 

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sons or circumstances other than those as to which it is held invalid 

shall not be affected thereby. 

SEC. 605. (a) None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by 

this Act that remain available for obligation or expenditure in fiscal 

year 2004, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases 

funds or personnel by any means for any project or activity for 

which funds have been denied or restricted; (4) relocates an office 

or employees; (5) reorganizes or renames offices; (6) reorganizes programs or activities; or (7) contracts out or privatizes any functions 

or activities presently performed by Federal employees; unless the 

Appropriations Committees of both Houses of Congress are notified 

15 days in advance of such reprogramming of funds. 

(b) None of the funds provided under this Act, or provided 

under previous appropriations Acts to the agencies funded by this 

Act that remain available for obligation or expenditure in fiscal 

year 2004, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming 

of funds in excess of $500,000 or 10 percent, whichever is less, that: 

(1) augments existing programs, projects (including construction 

projects), or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 

percent as approved by Congress; or (3) results from any general 

savings from a reduction in personnel which would result in a 

change in existing programs, activities, or projects as approved by 

Congress; unless the Appropriations Committees of both Houses of 

Congress are notified 15 days in advance of such reprogramming of 

funds. 

SEC. 606. None of the funds made available in this Act may be 

used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside 

of the United States. 

SEC. 607. If it has been finally determined by a court or Federal 

agency that any person intentionally affixed a label bearing a 

‘‘Made in America’’ inscription, or any inscription with the same 

meaning, to any product sold in or shipped to the United States 

that is not made in the United States, the person shall be ineligible 

to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 

48, Code of Federal Regulations. 

SEC. 608. None of the funds made available in this Act may be 

used to implement, administer, or enforce any guidelines of the 

Equal Employment Opportunity Commission covering harassment 

based on religion, when it is made known to the Federal entity or 

official to which such funds are made available that such guidelines 

do not differ in any respect from the proposed guidelines published 

by the Commission on October 1, 1993 (58 Fed. Reg. 51266). 

93

SEC. 609. None of the funds appropriated or otherwise made 

available by this Act or any other Act may be used to implement, 

enforce, or otherwise abide by the Memorandum of Agreement 

signed by the Federal Trade Commission and the Antitrust Division 

of the Department of Justice on March 5, 2002. 

SEC. 610. None of the funds made available by this Act may be 

used for any United Nations undertaking when it is made known 

to the Federal official having authority to obligate or expend such 

funds that: (1) the United Nations undertaking is a peacekeeping 

mission; (2) such undertaking will involve United States Armed 

Forces under the command or operational control of a foreign national; and (3) the President’s military advisors have not submitted 

to the President a recommendation that such involvement is in the 

national security interests of the United States and the President 

has not submitted to the Congress such a recommendation. 

SEC. 611. The Departments of Commerce, Justice, and State, 

the Judiciary and the Small Business Administration shall provide 

to the Committees on Appropriations of the Senate and of the House 

of Representatives a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency 

during any previous fiscal year. 

SEC. 612. (a) None of the funds appropriated or otherwise made 

available by this Act shall be expended for any purpose for which 

appropriations are prohibited by section 609 of the Departments of 

Commerce, Justice, and State, the Judiciary, and Related Agencies 

Appropriations Act, 1999. 

(b) The requirements in subparagraphs (A) and (B) of section 

609 of that Act shall continue to apply during fiscal year 2004. 

SEC. 613. Any costs incurred by a department or agency funded 

under this Act resulting from personnel actions taken in response to 

funding reductions included in this Act shall be absorbed within the 

total budgetary resources available to such department or agency: 

Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be 

treated as a reprogramming of funds under section 605 of this Act 

and shall not be available for obligation or expenditure except in 

compliance with the procedures set forth in that section. 

SEC. 614. Of the funds appropriated in this Act under the heading ‘‘Office of Justice Programs—State and Local Law Enforcement 

Assistance’’, not more than 90 percent of the amount to be awarded 

to an entity under the Local Law Enforcement Block Grant shall be 

made available to such an entity when it is made known to the Federal official having authority to obligate or expend such funds that 

the entity that employs a public safety officer (as such term is defined in section 1204 of title I of the Omnibus Crime Control and 

Safe Streets Act of 1968) does not provide such a public safety officer who retires or is separated from service due to injury suffered 

as the direct and proximate result of a personal injury sustained in 

the line of duty while responding to an emergency situation or a hot 

pursuit (as such terms are defined by State law) with the same or 

better level of health insurance benefits at the time of retirement or 

separation as they received while on duty. 

94

SEC. 615. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or 

to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco 

products of the same type. 

SEC. 616. (a) None of the funds appropriated or otherwise made 

available by this Act shall be expended for any purpose for which 

appropriations are prohibited by section 616 of the Departments of 

Commerce, Justice, and State, the Judiciary, and Related Agencies 

Appropriations Act, 1999. 

(b) The requirements in subsections (b) and (c) of section 616 

of that Act shall continue to apply during fiscal year 2004. 

SEC. 617. (a) None of the funds appropriated pursuant to this 

Act or any other provision of law may be used for—

(1) the implementation of any tax or fee in connection with 

the implementation of subsection 922(t) of title 18, United 

States Code; and 

(2) any system to implement subsection 922(t) of title 18, 

United States Code, that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 

hours after the system advises a Federal firearms licensee that 

possession or receipt of a firearm by the prospective transferee 

would not violate subsection (g) or (n) of section 922 of title 18, 

United States Code, or State law. 

(b) Subsection (a)(2) shall take effect not later than 180 days 

after enactment of this Act. 

SEC. 618. Notwithstanding any other provision of law, amounts 

deposited or available in the Fund established under 42 U.S.C. 

10601 in any fiscal year in excess of $625,000,000 shall not be 

available for obligation until the following fiscal year. 

SEC. 619. None of the funds made available to the Department 

of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in 

programs for which financial assistance is provided from those 

funds, or of the parents or legal guardians of such students. 

SEC. 620. None of the funds appropriated or otherwise made 

available to the Department of State shall be available for the purpose of granting either immigrant or nonimmigrant visas, or both, 

consistent with the determination of the Secretary of State under 

section 243(d) of the Immigration and Nationality Act, to citizens, 

subjects, nationals, or residents of countries that the Secretary of 

Homeland Security has determined deny or unreasonably delay accepting the return of citizens, subjects, nationals, or residents under 

that section. 

SEC. 621. For additional amounts under the heading ‘‘Small 

Business Administration, Salaries and Expenses’’, $1,592,000 shall 

be available for the Advanced and Applied Polymer Processing Institute; $500,000 shall be available for Northeast South Dakota 

Tech-Based Skills Development; $750,000 shall be available for the 

Southern Methodist University Law School Rule of Law; $1,000,000 

shall be available for the Accelerated Entrepreneur ‘‘AcE’’ Program; 

$500,000 shall be available for the National Mass Fatalities InstiVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00098 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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tute; $1,000,000 shall be available for the Textile Tracers Program; 

$500,000 shall be available for the Maryland Technology-Based 

Rural Business Incubation Initiative; $1,000,000 shall be available 

for the Northeast Indiana Innovation Center; $750,000 shall be 

available for the Lewis and Clark Bicentennial Bi-State Safety 

Project; $1,000,000 shall be available for the Greenville Automotive 

Research Park; $1,000,000 shall be available for the Indiana University Kokomo Business Incubator; $1,593,000 shall be available 

for the Tuck School of Business for its partnership with the Minority Business Development Administration; $500,000 shall be available for Project Restore; $325,000 shall be available for the School 

of the Building Arts Trade Program; $500,000 shall be available for 

the South Carolina Export Consortium; $500,000 shall be available 

for the Freewoods Farm Living Farm Museum in Horry County, 

South Carolina; $1,590,000 shall be available for the Alaska 

InvestNet/Technology Venture Center and Tech Ranch in Montana; 

$1,000,000 shall be available for Youth and Family with Promises; 

$500,000 shall be available for the Wisconsin Procurement Institute; 

$1,000,000 shall be available for the Next Generation Economy Initiative; $1,000,000 shall be available for the Westside Intercept 

Project; $250,000 shall be available for the International Trade 

Data Network; $1,000,000 shall be available for the University of 

Missouri-St. Louis Information Technology Incubator Project; 

$750,000 shall be available for the Idaho Virtual Incubator/LewisClark State College; $850,000 shall be available for the UNI Student Business Incubator; $1,500,000 shall be available for the promotion and operation of the grant to the Adelante Development Center, Inc., in Albuquerque, New Mexico; $250,000 shall be available 

for the Mississippi Delta Technology Council; $2,250,000 shall be 

available for a grant to the Virginia Community College System 

(VCCS) for improvement of distance learning programs; $175,000 

shall be available for a grant to the Loudoun Convention and Visitors Association in Virginia; $100,000 shall be available for a grant 

to The Cedar Creek Battlefield Foundation; $100,000 shall be available for a grant to Belle Grove Plantation; $750,000 shall be available for a grant to Shenandoah University to develop a historical 

and tourism development facility; $1,000,000 shall be available for 

a grant to the Northern Virginia Technology Council for a technology entrepreneurship development and resource center; $100,000 

shall be available for a grant to the Washington Airports Task 

Force to promote small business growth of passenger, cargo and 

other aviation services; $100,000 shall be available for a grant to 

Team Northeast Ohio; $500,000 shall be available for a grant to 

Wilberforce University for a technology initiative; $250,000 shall be 

available for a grant for REI Rural Business Resources Center in 

Seminole, Oklahoma; $1,100,000 shall be available for a grant to 

Iowa State University for the development of a research park biologics facility; $200,000 shall be available for a grant to the Clarion 

County Economic Development Corporation; $200,000 shall be 

available for a grant to the Venango Economic Development Corporation; $900,000 shall be available for a grant to the Illinois Institute of Technology to examine and assess advancements in biotechnologies; $1,000,000 shall be available for the Illinois Coalition 

for technology development assistance activities; $200,000 shall be 

available for a grant for the Port of Benton for the planning of a 

96

science and technology park in Richland, Washington; $1,500,000 

shall be available for a grant to Rockford Area Ventures, Rockford, 

Illinois, to establish a small manufacturing business incubator and 

technology research and development center; $100,000 shall be 

available for a grant to Western Kentucky University for a business 

incubator; $200,000 shall be available for a grant for the Chicago 

Field Museum for a collections resource center; $100,000 shall be 

available for a grant for the Purdue University School of Pharmacy 

for the development of a national center for pharmaceutical technology; $100,000 shall be available for a grant to the Cedarbridge 

Development Urban Renewal Corporation for facilities development; 

$100,000 shall be available for a grant for Concourse Village in the 

Bronx, New York; $500,000 shall be available for a grant to Pro Co 

Technology Computer Training Center in the Bronx, New York, for 

a computer learning center; $200,000 shall be available for a grant 

for the Promesa Foundation in South Bronx, New York, to provide 

community growth funding; $560,000 shall be available for a grant 

to Bronx Shepherds for a community resource center; $200,000 shall 

be available for a grant to HOGAR, Inc. in the Bronx, New York; 

$100,000 shall be available for a grant to the Alliance for Community Services for economic development in the Bronx, New York; 

$300,000 shall be available for a grant to Promesa Enterprises to 

provide services and support to community based organizations in 

the Bronx, New York; $300,000 shall be available for a grant to 

Bronx Overall Economic Development Corporation for technical assistance opportunities for businesses; $250,000 shall be available for 

a grant to St. Mary’s College for a telecommunications initiative; 

$1,200,000 shall be available for a grant to the MountainMade 

Foundation to fulfill its charter purposes and to continue the initiative developed by the NTTC for outreach and promotion, business 

and sites development, the education of artists and craftspeople, and 

to promote small businesses, artisans and their products through 

market development, advertisement, commercial sale and other promotional means; $1,000,000 shall be available for the Providence, 

Rhode Island Center for Women and Enterprise for infrastructure 

development; $1,200,000 shall be available for a grant for Northwest Shoals Community College to establish a Center for Business 

and Industry; $950,000 shall be available for a grant to the Family 

and Children’s Service in Minneapolis, Minnesota for community 

support and development programs; $1,000,000 shall be available 

for a grant to the Wisconsin Procurement Institute to develop an 

electronic based system to provide access and opportunity to Federal 

funding; $200,000 shall be for a grant to the National Association 

of Development Organizations Research Foundation to provide 

training and education assistance to small business development finance professionals; $750,000 shall be for a grant to the North 

Carolina Rural Economic Development Center for expenses and activities in support of the Capital Access Program; $500,000 shall be 

for a grant for the Women’s Initiative for Self Employment in San 

Francisco, California; $400,000 shall be for a grant to Johnstown 

Area Regional Industries in Pennsylvania for workforce development training programs and Small Business Technology Centers; 

$400,000 shall be for a grant to Seton Hill University for expenses 

in support of the Virtual Entrepreneurial Center; $200,000 shall be 

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ment Program; $200,000 shall be for a grant for the Ridgewood 

Myrtle Avenue Business Improvement District to conduct a redevelopment study; $400,000 shall be for a grant to Progress, Inc. to establish a Community Technology Center; $150,000 shall be for a 

grant for UPROSE for the ‘‘Sunset Youth Industries’’ project; 

$415,000 shall be available for a grant to the Southern and Eastern 

Kentucky Tourism Development Association for continuation of a regional tourism promotion initiative; and $300,000 shall be for the 

Arthur Avenue Retail Market in the Bronx, New York, for facility, 

improvement, and maintenance needs to meet the Market’s business 

requirements: Provided, That Section 625 of Title I of Division B of 

Public Law 108–7 is amended with respect to a grant of: (1) 

$450,000 to the Bronx Council on the Arts by deleting the words 

‘‘help promote stabilization of small arts organizations’’ and inserting the words ‘‘provide financial assistance to small arts organizations to help promote stabilization’’ in its place; and (2) $500,000 to 

the City of Merrill, Wisconsin by deleting all of the language following Wisconsin and replacing it with ‘‘for the capitalization of a 

business development fund.’’. 

SEC. 622. None of the funds made available to the Department 

of Justice in this Act may be used for the purpose of transporting 

an individual who is a prisoner pursuant to conviction for crime 

under State or Federal law and is classified as a maximum or high 

security prisoner, other than to a prison or other facility certified by 

the Federal Bureau of Prisons as appropriately secure for housing 

such a prisoner. 

SEC. 623. (a) None of the funds appropriated by this Act may 

be used by Federal prisons to purchase cable television services, to 

rent or purchase videocassettes, videocassette recorders, or other 

audiovisual or electronic equipment used primarily for recreational 

purposes. 

(b) The preceding sentence does not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs. 

SEC. 624. A Deputy Assistant Administrator for non-contiguous 

states and territories shall, through the Senior Executive Service, 

administer Small Business Administration programs in Alaska, 

Hawaii, and the territories, including disaster loans to fishermen, 

programs benefitting Alaska Native Corporations and Native Hawaiians, including but not limited to Section 8(a) and Historically 

Underutilized Business Zones, and all other programs serving Alaska Natives and Native Hawaiians. All disaster loans issued in Alaska shall be administered by the Small Business Administration and 

shall not be sold during fiscal year 2004. 

SEC. 625. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 626. The Secretary of Commerce shall negotiate or reevaluate, with the consent of the President, international agreements affecting international ocean policy. 

SEC. 627. The Departments of Commerce, Justice, State, the Judiciary, and the Small Business Administration shall each establish 

a policy under which eligible employees may participate in telecomVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00101 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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muting to the maximum extent possible without diminished employee performance: Provided, That, not later than six months after 

the date of the enactment of this Act, each of the aforementioned entities shall provide that the requirements of this section are applied 

to 100 percent of the workforce: Provided further, That, of the funds 

appropriated in this Act for the Departments of Commerce, Justice, 

and State, the Judiciary, and the Small Business Administration, 

$200,000 shall be available to each Department or agency only to 

implement telecommuting programs: Provided further, That, every 

six months, each Department or agency shall provide a report to the 

Committees on Appropriations on the status of telecommuting programs, including the number of Federal employees eligible for, and 

participating in, such programs, and uses of funds designated 

under this section: Provided further, That each Department or agency shall designate a ‘‘Telework Coordinator’’ to be responsible for 

overseeing the implementation of telecommuting programs and serve 

as a point of contact on such programs for the Committees on Appropriations. 

SEC. 628. The paragraph under the heading ‘‘Small Business 

Administration—Disaster Loans Program Account’’ in chapter 2 of 

division B of Public Law 107–117 is amended by inserting ‘‘or section 7(b) of the Small Business Act’’ after ‘‘September 11, 2001’’. 

SEC. 629. The Telecommunications Act of 1996 is amended as 

follows—

(1) in section 202(c)(1)(B) by striking ‘‘35 percent’’ and inserting ‘‘39 percent’’; 

(2) in section 202(c) by adding the following new paragraph 

at the end:

‘‘(3) DIVESTITURE.—A person or entity that exceeds the 39 

percent national audience reach limitation for television stations in paragraph (1)(B) through grant, transfer, or assignment of an additional license for a commercial television broadcast station shall have not more than 2 years after exceeding 

such limitation to come into compliance with such limitation. 

This divestiture requirement shall not apply to persons or entities that exceed the 39 percent national audience reach limitation through population growth. 

‘‘(4) FORBEARANCE.—Section 10 of the Communications Act 

of 1934 (47 U.S.C. 160) shall not apply to any person or entity 

that exceeds the 39 percent national audience reach limitation 

for television stations in paragraph (1)(B);’’; and 

(3) in section 202(h) by striking ‘‘biennially’’ and inserting 

‘‘quadrennially’’ and by adding the following new flush sentence 

at the end: 

‘‘This subsection does not apply to any rules relating to the 39 percent national audience reach limitation in subsection (c)(1)(B).’’. 

SEC. 630. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives are released without adequate disclaimers regarding the limitations of the data. 

(b) The Bureau of Alcohol, Tobacco, Firearms, and Explosives 

shall include in all such data releases, language similar to the following that would make clear that trace data cannot be used to 

draw broad conclusions about firearms-related crime: 

(1) Firearm traces are designed to assist law enforcement 

authorities in conducting investigations by tracking the sale 

99

and possession of specific firearms. Law enforcement agencies 

may request firearms traces for any reason, and those reasons 

are not necessarily reported to the Federal Government. Not all 

firearms used in crime are traced and not all firearms traced 

are used in crime. 

(2) Firearms selected for tracing are not chosen for purposes of determining which types, makes or models of firearms 

are used for illicit purposes. The firearms selected do not constitute a random sample and should not be considered representative of the larger universe of all firearms used by criminals, or any subset of that universe. Firearms are normally 

traced to the first retail seller, and sources reported for firearms 

traced do not necessarily represent the sources or methods by 

which firearms in general are acquired for use in crime. 

SEC. 631. Section 503(f) of the Small Business Investment Act 

of 1958 (15 U.S.C. 697(f)) shall be amended by substituting ‘‘March 

15, 2004’’ for the last date that appears in the subsection. 

SEC. 632. In addition to amounts otherwise appropriated in 

this Act, the unobligated balances previously made available by section 507(g) of Public Law 105–135 shall be available until expended 

for the cost of general business loans under section 7(a) of the Small 

Business Act. 

SEC. 633. (a) There is established in the Treasury of the United 

States a trust fund to be known as the International Center for Middle Eastern-Western Dialogue Trust Fund. The income from the 

fund shall be used for operations of the International Center for 

Middle Eastern-Western Dialogue to promote dialogue and scholarship in the Middle East. The fund may accept contributions and 

gifts from public and private sources. 

(b) It shall be the duty of the Secretary of the Treasury to invest 

in full amounts made available to the fund. Such investments may 

be made only in interest-bearing obligations of the United States or 

in obligations guaranteed as to both principal and interest by the 

United States. The interest on, and the proceeds from the sale or redemption of, any obligations held in the fund shall be credited to 

and form a part of the fund and shall remain available without fiscal year limitation. 

(c) For each fiscal year, there is authorized to be appropriated 

from the fund for the operations of the International Center for Middle Eastern-Western Dialogue the total amount of the interest and 

earnings credited to the fund under subsection (b). 

(d) There are authorized to be appropriated to the International 

Center for Middle Eastern-Western Dialogue Trust Fund, without 

fiscal year limitation, such sums as may be necessary to carry out 

the provisions of this section and to provide for the permanent endowment for the International Center for Middle Eastern-Western 

Dialogue established under this section. 

(e) The United States, through the Department of State, shall 

retain ownership of the Palazzo Corpi building in Istanbul, Turkey, 

and the Secretary of State shall be responsible for maintaining the 

International Center for Middle Eastern-Western Dialogue at such 

location. 

(f) Section 1321(a) of title 31, United States Code, is amended 

by inserting after ‘‘(58) Inmates’ fund, workhouse and reformatory, 

District of Columbia.’’ the following new paragraph:

100

‘‘(59) International Center for Middle Eastern-Western Dialogue Trust Fund.’’. 

SEC. 634. None of the funds appropriated or otherwise made 

available under this Act may be used to issue patents on claims directed to or encompassing a human organism. 

SEC. 635. None of the funds made available in this Act may be 

used to pay expenses for any United States delegation to the United 

Nations Human Rights Commission if such commission is chaired 

or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the 

Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has 

repeatedly provided support for acts of international terrorism. 

SEC. 636. None of the funds made available in this Act may be 

used in violation of section 212(a)(10)(C) of the Immigration and 

Nationality Act. 

SEC. 637. (a) This section may be cited as the ‘‘HELP Commission Act’’. 

(b)(1) The Congress finds that, despite the long-standing efforts 

and resources of the United States dedicated to helping needy people 

around the world, despair remains and in many areas is growing. 

(2) Therefore, a commission should be established to bring together the best minds associated with development and humanitarian assistance to make a comprehensive review of—

(A) policy decisions, including why certain development 

projects are funded and others are not, successes, and best practices, including their applicability to other existing programs 

and projects; 

(B) delivery obstacles, including the roles of United States 

agencies and other governmental and nongovernmental organizations; 

(C) methodology, including whether the delivery of United 

States development assistance always represents best practices 

and whether it can be improved; and 

(D) results, including measuring improvements in human 

capacity instead of in purely economic terms. 

(3) An examination of these issues should present new approaches and ideas to ensure that United States development assistance reaches and benefits its intended recipients. 

(c)(1) There is established the Helping to Enhance the Livelihood of People (HELP) Around the Globe Commission (in this section referred to as the ‘‘Commission’’). 

(2) The Commission shall—

(A) identify the past and present objectives of United States 

development assistance, identify cases in which those objectives 

have been met, identify the beneficiaries of such assistance, and 

what percentage of the funds provided actually reached the intended beneficiaries; 

(B) identify cases in which United States development assistance has been most successful, and analyze how such successes may be transferable to other countries or areas; 

(C) study ways to expand educational opportunities and investments in people, and assess infrastructure needs; 

(D) analyze how the United States could place conditions 

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ment assistance, in light of and notwithstanding the objectives 

of the Millennium Challenge Account; 

(E) analyze ways in which the United States can coordinate 

its development assistance programs with those of other donor 

countries and international organizations; 

(F) analyze ways in which the safety of development assistance workers can be ensured, particularly in the midst of conflicts; 

(G) compare the effectiveness of increased and open trade 

with development assistance, and analyze the advantages and 

disadvantages of such trade and whether such trade could be 

a more effective alternative to United States development assistance; 

(H) analyze ways in which the United States can strengthen the capacity of indigenous nongovernmental organizations to 

be more effective in grassroots development; 

(I) analyze ways in which decisions on providing development assistance can involve more of the people of the recipient 

countries; 

(J) analyze ways in which results can be measured if 

United States development assistance is targeted to the least developed countries; 

(K) recommend standards that should be set for ‘‘graduating’’ recipient countries from United States development assistance; 

(L) analyze whether United States development assistance 

should be used as a means to achieve United States foreign policy objectives;

(M) analyze how the United States can evaluate the performance of its development assistance programs not only 

against economic indicators, but in other ways, including how 

to measure the success of United States development assistance 

in democratization efforts; and evaluate the existing foreign assistance framework to ascertain the degree of coordination, or 

lack thereof, of the disparate foreign development programs as 

administered by the various Federal agencies, to identify and 

assess the redundancies of programs and organizational structures engaged in foreign assistance, and to recommend revisions 

to authorizing legislation for foreign assistance that would seek 

to reconcile competing foreign policy and foreign aid goals; and 

(N) study any other areas that the Commission considers 

necessary relating to United States development assistance. 

(d)(1) The Commission shall be composed of 21 members as follows: 

(A) Six members shall be appointed by the President, of 

whom at least two shall be representatives of nongovernmental 

organizations. 

(B) Four members shall be appointed by the majority leader 

of the Senate, and three members shall be appointed by the minority leader of the Senate. 

(C) Four members shall be appointed by the Speaker of the 

House of Representatives, and three members shall be appointed by the minority leader of the House of Representatives. 

102

(D) The Administrator of the United States Agency for 

International Development shall serve as a member of the Commission, ex officio. 

(2) Members under subparagraphs (A) through (C) of paragraph (1) shall be appointed for the life of the Commission. 

(3) Members of the Commission shall be selected from among 

individuals noted for their knowledge and experience in foreign assistance, particularly development and humanitarian assistance. 

(4) The appointments under paragraph (1) shall be made not 

later than 60 days after the date of the enactment of this section. 

(5) The President shall designate one of the members of the 

Commission not currently in government service as the Chair of the 

Commission. 

(6) In order to facilitate the workload of the Commission, the 

Commission shall divide the membership of the Commission into 

three subcommittees representing the different regions of the world 

to which the United States provides development assistance, the 

membership of each subcommittee to be proportional to the percentage of United States development assistance provided to the region 

represented by the subcommittee. Each subcommittee shall elect one 

of its members as Chair of the subcommittee. 

(7)(A) Eleven members of the Commission shall constitute a 

quorum for purposes of transacting the business of the Commission. 

The Commission shall meet at the call of the Chair. 

(B) A majority of the members of each regional subcommittee 

shall constitute a quorum for purposes of transacting the business 

of the subcommittee. Each subcommittee shall meet at the call of the 

Chair of the subcommittee. 

(8) Any vacancy of the Commission shall not affect its powers, 

but shall be filled in the manner in which the original appointment 

was made. 

(9) The Administrator of General Services shall provide to the 

Commission on a reimbursable basis (or, in the discretion of the Administrator, on a nonreimbursable basis) such administrative support services as the Commission may request to carry out this section. 

(10)(A) Subject to subparagraph (B), members of the Commission shall serve without pay. 

(B) Members of the Commission who are full-time officers or 

employees of the United States or Members of Congress may not receive additional pay, allowances, or benefits by reason of their service on the Commission. 

(11) Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized 

for employees of agencies under subchapter I of chapter 57 of title 

5, United States Code, while away from their homes or regular 

places of business in the performance of services for the Commission. 

(12)(A) The Chairman of the Commission may, without regard 

to the civil service laws and regulations, appoint and terminate an 

executive director and such other additional personnel as may be 

necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by 

the Commission. 

103

(B) To the extent or in the amounts provided in advance in appropriations Acts—

(i) the executive director shall be compensated at the rate 

payable for level V of the Executive Schedule under section 5316 

of title 5, United States Code; and 

(ii) the Chairman of the Commission may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States 

Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may 

not exceed the rate payable for level V of the Executive Schedule 

under section 5316 of such title. 

(e)(1) The Commission may, for the purpose of carrying out its 

functions under this section, hold hearings, sit and act at times and 

places in the United States and in countries that receive United 

States development assistance, take testimony, and receive evidence 

as the Commission considers advisable to carry out the purposes of 

this section. 

(2) The Commission may secure directly from any Federal department or agency such information as the Commission considers 

necessary to carry out the provisions of this section. Upon request 

of the Chair of the Commission, the head of such department or 

agency shall furnish such information to the Commission, subject to 

applicable law. 

(3) The Commission may use the United States mails in the 

same manner and under the same conditions as other departments 

and agencies of the Federal Government. 

(4) The Commission may adopt such rules and regulations, relating to administrative procedure, as may be reasonably necessary 

to enable it to carry out the provisions of this section. 

(5) The Members of the Commission may, with the approval of 

the Commission, conduct such travel as is necessary to carry out the 

purposes of this section. Each trip must be approved by a majority 

of the Commission. 

(6) Upon the request of the Commission, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its functions under 

this section. The detail of any such personnel shall be without interruption or loss of civil service or Foreign Service status or privilege. 

(f)(1) Not later than 2 years after the members of the Commission are appointed under subsection (d)(1), the Commission shall 

submit a report to the President, the Secretary of State, the Committee on Appropriations and the Committee on International Relations of the House of Representatives, and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, setting forth its findings and recommendations under section (c)(2).

(2) The report may be submitted in classified form, together 

with a public summary of recommendations, if the classification of 

information would further the purposes of this section. 

(3) Each member of the Commission may include the individual 

or dissenting views of the member. 

(g) The Federal Advisory Committee Act (5 U.S.C. App.) shall 

not apply to the Commission. 

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(h) In this section, the term ‘‘United States development assistance’’ means—

(1) assistance provided by the United States under chapters 

1, 10, 11, and 12 of part I of the Foreign Assistance Act of 1961; 

and 

(2) assistance provided under any other provision of law to 

carry out purposes comparable to those set forth in the provisions referred to in paragraph (1). 

(i)(1) There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. 

(2) Amounts authorized to be appropriated under subsection (a) 

are authorized to remain available until expended, but not later 

than the date of termination of the Commission. 

(j) The Commission shall terminate 30 days after the submission of its report under subsection (f). 

(k)(1) Not later than April 1, 2004, and April 1 of each third 

year thereafter, the President shall transmit to the Congress a report 

that analyzes, on a country-by-country basis, the impact and effectiveness of United States economic assistance furnished to each 

country during the preceding three fiscal years. The report shall include the following for each recipient country: 

(A) An analysis of the impact of United States economic assistance during the preceding three fiscal years on economic development in that country, with a discussion of the United 

States interests that were served by the assistance. The analysis 

shall be done on a sector-by-sector basis to the extent possible 

and shall identify any economic policy reforms that were promoted by the assistance. The analysis shall—

(i) include a description, quantified to the extent practicable, of the specific objectives the United States sought to 

achieve in providing economic assistance for that country; 

and 

(ii) specify the extent to which those objectives were not 

achieved, with an explanation of why they were not 

achieved. 

(B) A description of the amount and nature of economic assistance provided by other donors during the preceding three 

fiscal years, set forth by development sector to the extent possible. 

(C) A discussion of the commitment of the host government 

to addressing the country’s needs in each development sector, 

including a description of the resources devoted by that government to each development sector during the preceding three fiscal years. 

(D) A description of the trends, both favorable and unfavorable, in each development sector. 

(E) Statistical and other information necessary to evaluate 

the impact and effectiveness of United States economic assistance on development in the country. 

(F) A comparison of the analysis provided in the report 

with relevant analyses by international financial institutions, 

other international organizations, other donor countries, or nongovernmental organizations. 

(2) The report required by this section shall identify—

105

(A) each country in which United States economic assistance has been most successful, as indicated by the extent to 

which the specific objectives the United States sought to achieve 

in providing the assistance for the country, as referred to in 

paragraph (1)(A)(i), were achieved; and 

(B) each country in which United States economic assistance has been least successful, as indicated by the extent to 

which the specific objectives the United States sought to achieve 

in providing the assistance for the country, as referred to in 

paragraph (1)(A)(i), were not achieved; and, for each such country, an explanation of why the assistance was not more successful and a specification of what the United States has done as 

a result. 

(3) Information under paragraphs (1) and (2) for a fiscal year 

shall not be required with respect to a country for which United 

States economic assistance for the country for the fiscal year is less 

than $5,000,000. 

(4) In this subsection, the term ‘‘United States economic assistance’’ means any bilateral economic assistance, from any budget 

functional category, that is provided by any department or agency 

of the United States to a foreign country, including such assistance 

that is intended—

(A) to assist the development and economic advancement of 

friendly foreign countries and peoples; 

(B) to promote the freedom, aspirations, or sustenance of 

friendly peoples under oppressive rule by unfriendly governments; 

(C) to promote international trade and foreign direct investment as a means of aiding economic growth; 

(D) to save lives and alleviate suffering of foreign peoples 

during or following wars, natural disasters, or complex crisies; 

(E) to assist in recovery and rehabilitation of countries or 

peoples following disaster or war; 

(F) to protect refugees and promote durable solutions to aid 

refugees; 

(G) to promote sound environmental practices; 

(H) to assist in development of democratic institutions and 

good governance by the people of foreign countries; 

(I) to promote peace and reconciliation or prevention of conflict; 

(J) to improve the technical capacities of governments to reduce production of and demand for illicit narcotics; and 

(K) to otherwise promote through bilateral foreign economic 

assistance the national objectives of the United States.

SEC. 638. (a) There is hereby rescinded an amount equal to 

0.465 percent of the budget authority provided for fiscal year 2004 

for any discretionary account in this Act. 

(b) Any rescission made by subsection (a) shall be applied proportionately—

(1) to each discretionary account and each item of budget 

authority described in subsection (a); and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities as 

delineated in the appropriation Act or accompanying reports for 

the relevant fiscal year covering such account or item, or for acVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00109 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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counts and items not included in appropriation Acts, as delineated in the most recently submitted President’s budget). 

TITLE VII—RESCISSIONS 

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$67,326,000 are rescinded. 

COUNTERTERRORISM FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$40,000,000 are rescinded. 

LEGAL ACTIVITIES

ASSET FORFEITURE FUND

(RESCISSION)

Of the unobligated balances available under this heading, 

$61,608,000 are rescinded. 

FEDERAL PRISON SYSTEM

BUILDINGS AND FACILITIES

(RESCISSION)

Of the unobligated balances available under this heading, 

$51,895,000 are rescinded. 

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(RESCISSION)

Of the unobligated balances available under this heading, 

$21,600,000 are rescinded. 

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

Of the unobligated balances available under this heading, 

$6,378,000 are rescinded. 

JUVENILE JUSTICE PROGRAMS

(RESCISSION)

Of the unobligated balances available under this heading, 

$15,900,000 are rescinded. 

107

DEPARTMENT OF COMMERCE AND RELATED AGENCIES 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

(RESCISSION)

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

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COASTAL AND OCEAN ACTIVITIES

(RESCISSION)

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

TITLE VIII—ALASKAN FISHERIES 

SEC. 801. BERING SEA AND ALEUTIAN ISLANDS CRAB RATIONAL- IZATION. Section 313 of the Magnuson-Stevens Fishery Conservation 

and Management Act (16 U.S.C. 1801 et seq.), as amended, is further amended by adding at the end thereof the following: 

‘‘(j) BERING SEA AND ALEUTIAN ISLANDS CRAB RATIONALIZA- TION.— ‘‘(1) By not later than January 1, 2005, the Secretary shall 

approve and hereafter implement by regulation the Voluntary 

Three-Pie Cooperative Program for crab fisheries of the Bering 

Sea and Aleutian Islands approved by the North Pacific Fishery Management Council between June 2002 and April 2003, 

and all trailing amendments including those reported to Congress on May 6, 2003. This section shall not preclude the Secretary from approving by January 1, 2005, and implementing 

any subsequent program amendments approved by the Council. 

‘‘(2) Notwithstanding any other provision of this Act, in carrying out paragraph (1) the Secretary shall approve all parts of 

the Program referred to in such paragraph. Further, no part of 

such Program may be implemented if, as approved by the North 

Pacific Fishery Management Council, individual fishing quotas, 

processing quotas, community development quota allocation, 

voluntary cooperatives, binding arbitration, regional landing 

and processing requirements, community protections, economic 

data collection, or the loan program for crab fishing vessel captains and crew members, is invalidated subject to a judicial determination not subject to judicial appeal. If the Secretary determines that a processor has leveraged its Individual Processor 

Quota shares to acquire a harvesters open-delivery ‘‘B shares’’, 

the processor’s Individual Processor Quota shares shall be forfeited.

‘‘(3) Subsequent to implementation pursuant to paragraph 

(1), the Council may submit and the Secretary may implement 

changes to or repeal of conservation and management measures, including measures authorized in this section, for crab 

fisheries of the Bering Sea and Aleutian Islands in accordance 

108

with applicable law, including this Act as amended by this subsection, to achieve on a continuing basis the purposes identified 

by the Council. 

‘‘(4) The loan program referred to in paragraph (2) shall be 

carried out pursuant to the authority of sections 1111 and 1112 

of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 

1279f, 1279g). ‘‘(5) For purposes of implementing this section $1,000,000 

shall be made available each year until fully implemented from 

funds otherwise made available to the National Marine Fisheries Service for Alaska fisheries activities. 

‘‘(6) Nothing in this Act shall constitute a waiver, either express or implied, of the antitrust laws of the United States. The 

Secretary, in consultation with the Department of Justice and 

the Federal Trade Commission, shall develop and implement a 

mandatory information collection and review process to provide 

any and all information necessary for the Department of Justice 

and the Federal Trade Commission to determine whether any 

illegal acts of anti-competition, anti-trust, or price collusion 

have occurred among persons receiving individual processing 

quotas under the Program. The Secretary may revoke any individual processing quota held by any person found to have violated a provision of the antitrust laws of the United States. 

‘‘(7) An individual processing quota issued under the Program shall be considered a permit for the purposes of sections 

307, 308, and 309, and may be revoked or limited at any time 

in accordance with this Act. Issuance of an individual processing quota under the program shall not confer any right of 

compensation to the holder of such individual processing quota 

if it is revoked or limited and shall not create, or be construed 

to create, any right, title, or interest in or to any fish before the 

fish is purchased from an individual fishing quota holder. 

‘‘(8) The restriction on the collection of economic data in 

section 303 shall not apply with respect to any fish processor 

who is eligible for, or who has received, individual processing 

quota under the Program. The restriction on the disclosure of 

information in section 402(b)(1) shall not apply when the information is used to determine eligibility for or compliance with 

an individual processing quota program. 

‘‘(9) The provisions of sections 308, 310, and 311 shall 

apply to the processing facilities and fish products of any person holding individual processing quota, and the provisions of 

subparagraphs (D), (E), and (L) of section 307(l) shall apply to 

any facility owned or controlled by a person holding individual 

processing quota.’’. 

SEC. 802. GULF OF ALASKA ROCKFISH DEMONSTRATION PROGRAM. The Secretary of Commerce, in consultation with the North 

Pacific Fishery Management Council, shall establish a pilot program that recognizes the historic participation of fishing vessels 

(1996 to 2002, best 5 of 7 years) and historic participation of fish 

processors (1996 to 2000, best 4 of 5 years) for Pacific ocean perch, 

northern rockfish, and pelagic shelf rockfish harvested in Central 

Gulf of Alaska. Such a pilot program shall (1) provide for a setaside of up to 5 percent for the total allowable catch of such fisheries for catcher vessels not eligible to participate in the pilot proVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00112 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
109

gram, which shall be delivered to shore-based fish processors not eligible to participate in the pilot program; (2) establish catch limits 

for non-rockfish species and non-target rockfish species currently 

harvested with pacific ocean perch, northern rockfish, and pelagic 

shelf rockfish, which shall be based on historical harvesting of such 

bycatch species. The pilot program will sunset when a Gulf of Alaska Groundfish comprehensive rationalization plan is authorized by 

the Council and implemented by the Secretary, or 2 years from date 

of implementation, whichever is earlier. 

SEC. 803. ALEUTIAN ISLANDS FISHERIES DEVELOPMENT. (a) 

ALEUTIAN ISLANDS POLLOCK ALLOCATION.—Effective January 1, 

2004 and thereafter, the directed pollock fishery in the Aleutian Islands Subarea [AI] of the BSAI (as defined in 50 CFR 679.2) shall 

be allocated to the Aleut Corporation (incorporated pursuant to the 

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)). Except with the permission of the Aleut Corporation or its authorized 

agent, the fishing or processing of any part of such allocation shall 

be prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857), subject to the penalties and sanctions under section 308 of such Act (16 U.S.C. 1858), 

and subject to the forfeiture of any fish harvested or processed. 

(b) ELIGIBLE VESSELS.—Only vessels that are 60 feet or less in 

length overall and have a valid fishery endorsement, or vessels that 

are eligible to harvest pollock under section 208 of Title II of Division C of Public Law 105–277, shall be eligible to form partnerships 

with the Aleut Corporation (or its authorized agents) to harvest the 

allocation under subsection (a). During the years 2004 through 

2008, up to 25 percent of such allocation may be harvested by vessels 60 feet or less in length overall. During the years 2009 through 

2013, up to 50 percent of such allocation may be harvested by vessels 60 feet or less in length overall. After the year 2012, 50 percent 

of such allocation shall be harvested by vessels 60 feet or less in 

length overall, and 50 percent shall be harvested by vessels eligible 

under such section of Public Law 105–277. 

(c) GROUNDFISH OPTIMUM YIELD LIMITATION.—The optimum 

yield for groundfish in the Bering Sea and Aleutian Islands Management Area shall not exceed 2 million metric tons. For the purposes of implementing subsections (a) and (b) without adversely affecting current fishery participants, the allocation under subsection 

(a) may be in addition to such optimum yield during the years 2004 

through 2008 upon recommendation by the North Pacific Council 

and approval by the Secretary of Commerce (if consistent with the 

requirements of the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et seq.)). 

(d) MANAGEMENT AND ALLOCATION.—For the purposes of this 

section, the North Pacific Fishery Management Council shall recommend and the Secretary shall approve an allocation under subsection (a) to the Aleut Corporation for the purposes of economic development in Adak, Alaska pursuant to the requirements of the 

Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

SEC. 804. A Council or the Secretary may not consider or establish any program to allocate or issue an individual processing quota 

or processor share in any fishery of the United States other than the 

crab fisheries of the Bering Sea and Aleutian Islands. 

110

This division may be cited as the ‘‘Departments of Commerce, 

Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004’’. 

DIVISION C—DISTRICT OF COLUMBIA APPROPRIATIONS 

ACT, 2004

AN ACT 

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the 

revenues of said District for the fiscal year ending September 30, 

2004, and for other purposes. 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the District of Columbia 

and related agencies for the fiscal year ending September 30, 2004, 

and for other purposes, namely: 

TITLE I—FEDERAL FUNDS 

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition 

support, $17,000,000, to remain available until expended: Provided, 

That such funds, including any interest accrued thereon, may be 

used on behalf of eligible District of Columbia residents to pay an 

amount based upon the difference between in-State and out-of-State 

tuition at public institutions of higher education, or to pay up to 

$2,500 each year at eligible private institutions of higher education: 

Provided further, That the awarding of such funds may be 

prioritized on the basis of a resident’s academic merit, the income 

and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition 

Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the 

account shall be under the control of the District of Columbia Chief 

Financial Officer who shall use those funds solely for the purposes 

of carrying out the Resident Tuition Support Program: Provided 

further, That the Office of the Chief Financial Officer shall provide 

a quarterly financial report to the Committees on Appropriations of 

the House of Representatives and Senate for these funds showing, 

by object class, the expenditures made and the purpose therefor: 

Provided further, That not more than 7 percent of the total amount 

appropriated for this program may be used for administrative expenses. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY

COSTS IN THE DISTRICT OF COLUMBIA

For necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or 

111

city officials of surrounding jurisdictions, $11,000,000, to remain 

available until expended, to reimburse the District of Columbia for 

the costs of providing public safety at events related to the presence 

of the national capital in the District of Columbia and for the costs 

of providing support to respond to immediate and specific terrorist 

threats or attacks in the District of Columbia or surrounding jurisdictions: Provided, That any amount provided under this heading 

shall be available only after notice of its proposed use has been 

transmitted by the President to Congress and such amount has been 

apportioned pursuant to chapter 15 of title 31, United States Code. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, 

$167,765,000, to be allocated as follows: for the District of Columbia 

Court of Appeals, $8,775,000, of which not to exceed $1,500 is for 

official reception and representation expenses; for the District of Columbia Superior Court, $83,387,000, of which not to exceed $1,500 

is for official reception and representation expenses; for the District 

of Columbia Court System, $40,006,000, of which not to exceed 

$1,500 is for official reception and representation expenses; and 

$35,597,000, to remain available until September 30, 2005, for capital improvements for District of Columbia courthouse facilities: 

Provided, That funds made available for capital improvements 

shall be expended consistent with the General Services Administration master plan study and building evaluation report: Provided 

further, That notwithstanding any other provision of law, all 

amounts under this heading shall be apportioned quarterly by the 

Office of Management and Budget and obligated and expended in 

the same manner as funds appropriated for salaries and expenses 

of other Federal agencies, with payroll and financial services to be 

provided on a contractual basis with the General Services Administration (GSA), said services to include the preparation of monthly 

financial reports, copies of which shall be submitted directly by 

GSA to the President and to the Committees on Appropriations of 

the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on 

Governmental Affairs of the Senate: Provided further, That 30 days 

after providing written notice to the Committees on Appropriations 

of the House of Representatives and Senate, the District of Columbia 

Courts may reallocate not more than $1,000,000 of the funds provided under this heading among the items and entities funded 

under such heading. 

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

For payments authorized under section 11–2604 and section 11–

2605, D.C. Official Code (relating to representation provided under 

the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior 

Court of the District of Columbia under chapter 23 of title 16, D.C. 

Official Code, or pursuant to contractual agreements to provide 

guardian ad litem representation, training, technical assistance 

and/or such other services as are necessary to improve the quality 

of guardian ad litem representation, payments for counsel appointed 

in adoption proceedings under chapter 3 of title 16, D.C. Code, and 

112

payments for counsel authorized under section 21–2060, D.C. Official Code (relating to representation provided under the District of 

Columbia Guardianship, Protective Proceedings, and Durable 

Power of Attorney Act of 1986), $32,000,000, to remain available 

until expended: Provided, That the funds provided in this Act under 

the heading ‘‘Federal Payment to the District of Columbia Courts’’ 

(other than the $35,597,000 provided under such heading for capital improvements for District of Columbia courthouse facilities) 

may also be used for payments under this heading: Provided further, That in addition to the funds provided under this heading, the 

Joint Committee on Judicial Administration in the District of Columbia shall use funds provided in this Act under the heading 

‘‘Federal Payment to the District of Columbia Courts’’ (other than 

the $35,597,000 provided under such heading for capital improvements for District of Columbia courthouse facilities), to make payments described under this heading for obligations incurred during 

any fiscal year: Provided further, That funds provided under this 

heading shall be administered by the Joint Committee on Judicial 

Administration in the District of Columbia: Provided further, That 

notwithstanding any other provision of law, this appropriation shall 

be apportioned quarterly by the Office of Management and Budget 

and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies, with payroll and financial services to be provided on a contractual basis with the General Services Administration (GSA), said services to include the 

preparation of monthly financial reports, copies of which shall be 

submitted directly by GSA to the President and to the Committees 

on Appropriations of the House of Representatives and Senate, the 

Committee on Government Reform of the House of Representatives, 

and the Committee on Governmental Affairs of the Senate. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

For salaries and expenses, including the transfer and hire of 

motor vehicles, of the Court Services and Offender Supervision 

Agency for the District of Columbia and the Public Defender Service 

for the District of Columbia, as authorized by the National Capital 

Revitalization and Self-Government Improvement Act of 1997, 

$168,435,000, of which not to exceed $2,000 is for official reception 

and representation expenses related to Community Supervision and 

Pretrial Services Agency programs; of which not to exceed $25,000 

is for dues and assessments relating to the implementation of the 

Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $105,814,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to 

include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $37,411,000 shall be available to the Pretrial Services Agency; and of which $25,210,000 shall be transferred to the 

Public Defender Service for the District of Columbia: Provided, That 

notwithstanding any other provision of law, all amounts under this 

heading shall be apportioned quarterly by the Office of Management 

and Budget and obligated and expended in the same manner as 

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funds appropriated for salaries and expenses of other Federal agencies: Provided further, That notwithstanding chapter 12 of title 40, 

United States Code, the Director may acquire by purchase, lease, 

condemnation, or donation, and renovate as necessary, Building 

Number 17, 1900 Massachusetts Avenue, Southeast, Washington, 

District of Columbia to house or supervise offenders and defendants, 

with funds made available for this purpose in Public Law 107–96: 

Provided further, That the Director is authorized to accept and use 

gifts in the form of in-kind contributions of space and hospitality to 

support offender and defendant programs, and equipment and vocational training services to educate and train offenders and defendants: Provided further, That the Director shall keep accurate and 

detailed records of the acceptance and use of any gift or donation 

under the previous proviso, and shall make such records available 

for audit and public inspection. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

For a Federal payment to the District of Columbia Water and 

Sewer Authority, $30,000,000, to remain available until expended, 

to continue implementation of the Combined Sewer Overflow LongTerm Plan: Provided, That the District of Columbia Water and 

Sewer Authority provides a 100 percent match for this payment. 

FEDERAL PAYMENT FOR HOSPITAL BIOTERRORISM PREPAREDNESS IN

THE DISTRICT OF COLUMBIA

For a Federal payment to the District of Columbia Department 

of Health to support hospital bioterrorism preparedness in the District of Columbia, $7,500,000, of which $3,750,000 shall be for the 

Children’s National Medical Center in the District of Columbia for 

the expansion of quarantine facilities and the establishment of a decontamination facility, and $3,750,000 shall be for the Washington 

Hospital Center for construction of containment facilities. 

FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE

For a Federal payment to the District of Columbia Department 

of Transportation, $5,000,000, to remain available until September 

30, 2005, for design and construction of a continuous pedestrian 

and bicycle trail system from the Potomac River to the District’s border with Maryland. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

For a Federal payment to the Criminal Justice Coordinating 

Council, $1,300,000, to support initiatives related to the coordination of Federal and local criminal justice resources in the District 

of Columbia. 

FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN THE DISTRICT OF

COLUMBIA

For a Federal payment to the District of Columbia for capital 

development, $8,150,000, to remain available until expended, of 

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which $150,000 shall be for renovations at Eastern Market and 

$8,000,000 shall be for the Unified Communications Center. 

FEDERAL PAYMENT FOR PUBLIC SCHOOL FACILITIES

For a Federal payment to the District of Columbia Public 

Schools, $4,500,000, of which $500,000 shall be for a window repair 

and reglazing program and $4,000,000 shall be for a playground repair and replacement program. 

FEDERAL PAYMENT FOR A FAMILY LITERACY PROGRAM

For a Federal payment to the District of Columbia, $2,000,000 

for a family literacy program to address the needs of literacy-challenged parents while endowing their children with an appreciation 

for literacy and strengthening familial ties: Provided, That the District of Columbia shall provide a 100 percent match with local 

funds as a condition of receiving this payment. 

FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

For a Federal payment to the District of Columbia Department 

of Transportation, $3,500,000, of which $500,000 shall be allocated 

to implement a downtown circulator transit system, and of which 

$3,000,000 shall be to offset a portion of the District of Columbia’s 

allocated operating subsidy payment to the Washington Metropolitan Area Transit Authority.

FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE

DISTRICT OF COLUMBIA

For a Federal payment to the District of Columbia for foster 

care improvements, $14,000,000: Provided, That $9,000,000 shall be 

for the Child and Family Services Agency, of which $2,000,000 

shall be to establish an early intervention program to provide intensive and immediate services for foster children; of which $1,000,000 

shall be to establish an emergency support fund to purchase items 

necessary to allow children to remain in the care of an approved 

and licensed family member; of which $3,000,000 shall be for a loan 

repayment program for social workers who meet certain agency-established requirements; of which $3,000,000 shall be to upgrade the 

agency’s computer database to a web-based technology and to provide computer technology for social workers: Provided further, That 

$3,900,000 shall be for the Department of Mental Health to provide 

all court-ordered or agency-required mental health screenings, assessments and treatments for children under the supervision of the 

Child and Family Services Agency: Provided further, That the Director of the Department of Mental Health shall initiate court-ordered or agency-required mental health services within 3 days of notification that service is needed: Provided further, That the Director 

of the Department of Mental Health shall ensure that court-ordered 

or agency-required mental health assessments are completed within 

15 days of the request and that all assessments be provided to the 

Court within 5 days of completion of the assessment: Provided further, That $1,100,000 shall be for the Washington Metropolitan 

Council of Governments, to develop a program in conjunction with 

the Foster and Adoptive Parents Advocacy Center, to provide respite 

115

care for and recruitment of foster parents: Provided further, That 

the Mayor shall submit a detailed expenditure plan for the use of 

funds provided under this heading within 15 days of enactment of 

this legislation to the Committees on Appropriations of the House of 

Representatives and Senate: Provided further, That the funds provided under this heading shall not be made available until 30 calendar days after the submission of a spending plan to the Committees on Appropriations of the House of Representatives and Senate: 

Provided further, That with the exception of funds provided for the 

Department of Mental Health and the Washington Metropolitan 

Council of Governments, no part of this appropriation may be used 

for contractual community-based services: Provided further, That 

the Comptroller General shall prepare and submit to the Committees on Appropriations of the House of Representatives and Senate 

an accounting of all obligations and expenditures of the funds provided under this heading: Provided further, That the Comptroller 

General shall initiate management reviews of the Child and Family 

Services Agency and the Department of Mental Health and shall 

submit a report to the Committees on Appropriations of the House 

of Representatives and Senate no later than 6 months after enactment of this Act. 

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL

OFFICER OF THE DISTRICT OF COLUMBIA

For a Federal payment to the Office of the Chief Financial Officer of the District of Columbia, $32,350,000: Provided, That these 

funds shall be available for the projects and in the amounts specified in the statement of the managers on the conference report accompanying this Act: Provided further, That each entity that receives funding under this heading shall submit to the Office of the 

Chief Financial Officer of the District of Columbia and the Committees on Appropriations of the House of Representatives and Senate 

a report on the activities carried out with such funds no later than 

March 15, 2004. 

FEDERAL PAYMENT FOR EMERGENCY PERSONNEL CROSS TRAINING

For a Federal payment to the Emergency Management Agency, 

$500,000 for activities related to the cross training of police officers, 

firefighters, emergency medical technicians, and other emergency 

personnel: Provided, That this funding shall not be obligated until 

the Agency submits a detailed cross training plan for the District’s 

public safety workforce to the Committees on Appropriations of the 

House of Representatives and Senate. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a School Improvement Program in 

the District of Columbia, $40,000,000, to be allocated as follows: for 

the District of Columbia Public Schools, $13,000,000 to improve 

public school education in the District of Columbia, as specified in 

the statement of the managers on the conference report accompanying this Act; for the State Education Office, $13,000,000 to expand quality charter schools in the District of Columbia, as specified in the statement of the managers on the conference report accompanying this Act; for the Secretary of the Department of EduVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00119 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
116

cation, $14,000,000 to provide opportunity scholarships for students 

in the District of Columbia in accordance with title III of this Act, 

of which up to $1,000,000 may be used to administer and fund assessments for title III of this Act: Provided, That the District of Columbia Public Schools shall submit a plan for the use of funds provided under this heading for public school education to the Committees on Appropriations of the House of Representatives and Senate, 

and the Committee on Education and the Workforce and the Committee on Government Reform of the House of Representatives, and 

the Committee on Health, Education, Labor, and Pensions of the 

Senate: Provided further, That the funds provided under this heading for public school education shall not be made available until 30 

calendar days after the submission of a spending plan by the District of Columbia Public Schools to the Committees on Appropriations of the House of Representatives and Senate. 

TITLE II—DISTRICT OF COLUMBIA FUNDS 

OPERATING EXPENSES 

DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as 

provided in section 450A of the District of Columbia Home Rule Act 

(D.C. Official Code, sec. 1–204.50a) and section 417 and section 436 

of this Act, the total amount appropriated in this Act for operating 

expenses for the District of Columbia for fiscal year 2004 under this 

heading shall not exceed the lesser of the sum of the total revenues 

of the District of Columbia for such fiscal year or $6,326,138,000 (of 

which $3,832,734,000 shall be from local funds, $1,568,734,000 

shall be from Federal grant funds, $910,904,000 shall be from other 

funds, and $13,766,000 shall be from private funds), in addition, 

$119,650,000 from funds previously appropriated in this Act as 

Federal payments: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for 

emergency or unanticipated operating or capital needs: Provided 

further, That such increases shall be approved by enactment of local 

District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act as amended by 

this Act: Provided further, That the Chief Financial Officer of the 

District of Columbia shall take such steps as are necessary to assure 

that the District of Columbia meets these requirements, including 

the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 

2004, except that the Chief Financial Officer may not reprogram for 

operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. 

GOVERNMENTAL DIRECTION AND SUPPORT

Governmental direction and support, $284,415,000 (including 

$206,825,000 from local funds, $57,440,000 from Federal grant 

funds, and $20,150,000 from other funds), in addition, $32,350,000 

from funds previously appropriated in this Act under the heading 

117

‘‘Federal Payment to the Office of the Chief Financial Officer of the 

District of Columbia’’, $11,000,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Emergency Planning and Security Costs in the District of Columbia’’, 

$2,000,000 from funds previously appropriated in this Act under the 

heading ‘‘Federal Payment for a family literacy program’’, and 

$1,100,000 from funds previously appropriated in this Act under the 

heading ‘‘Federal Payment for Foster Care Improvements in the District of Columbia’’: Provided, That not to exceed $2,500 for the 

Mayor, $2,500 for the Chairman of the Council of the District of Columbia, $2,500 for the City Administrator, and $2,500 for the Office 

of the Chief Financial Officer shall be available from this appropriation for official reception and representation expenses: Provided 

further, That any program fees collected from the issuance of debt 

shall be available for the payment of expenses of the debt management program of the District of Columbia: Provided further, That 

no revenues from Federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood 

Compact Commission: Provided further, That the District of Columbia shall identify the sources of funding for Admission to Statehood 

from its own locally generated revenues: Provided further, That notwithstanding any other provision of law, or Mayor’s Order 86–45, 

issued March 18, 1986, the Office of the Chief Technology Officer’s 

delegated small purchase authority shall be $500,000: Provided further, That the District of Columbia government may not require the 

Office of the Chief Technology Officer to submit to any other procurement review process, or to obtain the approval of or be restricted 

in any manner by any official or employee of the District of Columbia government, for purchases that do not exceed $500,000: Provided further, That not to exceed $25,000, to remain available until 

expended, of the funds in the District of Columbia Antitrust Fund 

established pursuant to section 820 of the District of Columbia Procurement Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, 

sec. 2–308.20) is hereby made available for the use of the Office of 

the Corporation Counsel of the District of Columbia in accordance 

with the laws establishing this fund. 

ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $276,647,000 (including 

$53,336,000 from local funds, $91,077,000 from Federal grant 

funds, $132,109,000 from other funds, and $125,000 from private 

funds), of which $15,000,000 collected by the District of Columbia 

in the form of BID tax revenue shall be paid to the respective BIDs 

pursuant to the Business Improvement Districts Act of 1996 (D.C. 

Law 11–134; D.C. Official Code, sec. 2–1215.01 et seq.), and the 

Business Improvement Districts Amendment Act of 1997 (D.C. Law 

12–26; D.C. Official Code, sec. 2–1215.15 et seq.): Provided, That 

such funds are available for acquiring services provided by the General Services Administration: Provided further, That Business Improvement Districts shall be exempt from taxes levied by the District 

of Columbia. 

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PUBLIC SAFETY AND JUSTICE

Public safety and justice, $745,958,000 (including $716,715,000 

from local funds, $10,290,000 from Federal grant funds, 

$18,944,000 from other funds, and $9,000 from private funds), in 

addition, $1,300,000 from funds previously appropriated in this Act 

under the heading ‘‘Federal Payment to the Criminal Justice Coordinating Council’’ and $500,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Emergency Personnel Cross Training’’: Provided, That not to exceed 

$500,000 shall be available from this appropriation for the Chief of 

Police for the prevention and detection of crime: Provided further, 

That the Mayor shall reimburse the District of Columbia National 

Guard for expenses incurred in connection with services that are 

performed in emergencies by the National Guard in a militia status 

and are requested by the Mayor, in amounts that shall be jointly determined and certified as due and payable for these services by the 

Mayor and the Commanding General of the District of Columbia 

National Guard: Provided further, That such sums as may be necessary for reimbursement to the District of Columbia National 

Guard under the preceding proviso shall be available from this appropriation, and the availability of the sums shall be deemed as 

constituting payment in advance for emergency services involved. 

PUBLIC EDUCATION SYSTEM

(INCLUDING TRANSFERS OF FUNDS)

Public education system, including the development of national 

defense education programs, $1,157,841,000 (including 

$962,941,000 from local funds, $156,708,000 from Federal grant 

funds, $27,074,000 from other funds, $4,302,000 from private funds, 

and not to exceed $6,816,000, to remain available until expended, 

from the Medicaid and Special Education Reform Fund established 

pursuant to the Medicaid and Special Education Reform Fund Establishment Act of 2002 (D.C. Law 14–190; D.C. Official Code 4–

204.51 et seq.)), in addition, $17,000,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Resident Tuition Support’’, $4,500,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Public 

School Facilities’’, and $26,000,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for School 

Improvement in the District of Columbia’’ to be allocated as follows: 

(1) DISTRICT OF COLUMBIA PUBLIC SCHOOLS.—$870,135,000 

(including $738,444,000 from local funds, $114,749,000 from 

Federal grant funds, $6,527,000 from other funds, $3,599,000 

from private funds, and not to exceed $6,816,000, to remain 

available until expended, from the Medicaid and Special Education Reform Fund established pursuant to the Medicaid and 

Special Education Reform Fund Establishment Act of 2002 

(D.C. Law 14–190; D.C. Official Code 4–204.51 et seq.)), in addition, $4,500,000 from funds previously appropriated in this 

Act under the heading ‘‘Federal Payment for Public School Facilities’’ and $13,000,000 from funds previously appropriated in 

this Act under the heading ‘‘Federal Payment for School Improvement in the District of Columbia’’ shall be available for 

119

District of Columbia Public Schools: Provided, That notwithstanding any other provision of law, rule, or regulation, the 

evaluation process and instruments for evaluating District of 

Columbia Public School employees shall be a non-negotiable 

item for collective bargaining purposes: Provided further, That 

this appropriation shall not be available to subsidize the education of any nonresident of the District of Columbia at any 

District of Columbia public elementary or secondary school during fiscal year 2004 unless the nonresident pays tuition to the 

District of Columbia at a rate that covers 100 percent of the 

costs incurred by the District of Columbia that are attributable 

to the education of the nonresident (as established by the Superintendent of the District of Columbia Public Schools): Provided 

further, That notwithstanding the amounts otherwise provided 

under this heading or any other provision of law, there shall be 

appropriated to the District of Columbia Public Schools on July 

1, 2004, an amount equal to 10 percent of the total amount provided for the District of Columbia Public Schools in the proposed budget of the District of Columbia for fiscal year 2005 (as 

submitted to Congress), and the amount of such payment shall 

be chargeable against the final amount provided for the District 

of Columbia Public Schools under the District of Columbia Appropriations Act, 2005: Provided further, That not to exceed 

$2,500 for the Superintendent of Schools shall be available 

from this appropriation for official reception and representation 

expenses: Provided further, That the District of Columbia Public Schools shall submit to the Board of Education by January 

1 and July 1 of each year a Schedule A showing all the current 

funded positions of the District of Columbia Public Schools, 

their compensation levels, and indicating whether the positions 

are encumbered: Provided further, That the Board of Education 

shall approve or disapprove each Schedule A within 30 days of 

its submission and provide the Council of the District of Columbia a copy of the Schedule A upon its approval. 

(2) STATE EDUCATION OFFICE.—$38,752,000 (including $9,959,000 from local funds, $28,617,000 from Federal grant 

funds, and $176,000 from other funds), in addition, 

$17,000,000 from funds previously appropriated in this Act 

under the heading ‘‘Federal Payment for Resident Tuition Support’’ and $13,000,000 from funds previously appropriated in 

this Act under the heading ‘‘Federal Payment for School Improvement in the District of Columbia’’ shall be available for 

the State Education Office: Provided, That of the amounts provided to the State Education Office, $500,000 from local funds 

shall remain available until June 30, 2005 for an audit of the 

student enrollment of each District of Columbia Public School 

and of each District of Columbia public charter school. 

(3) DISTRICT OF COLUMBIA PUBLIC CHARTER SCHOOLS.—

$137,531,000 from local funds shall be available for District of 

Columbia public charter schools: Provided, That there shall be 

quarterly disbursement of funds to the District of Columbia 

public charter schools, with the first payment to occur within 

15 days of the beginning of the fiscal year: Provided further, 

That if the entirety of this allocation has not been provided as 

payments to any public charter schools currently in operation 

120

through the per pupil funding formula, the funds shall be 

available as follows: (A) the first $3,000,000 shall be deposited 

in the Credit Enhancement Revolving Fund established pursuant to section 603(e) of the Student Loan Marketing Association 

Reorganization Act of 1996 (Public Law 104–208; 110 Stat. 

3009; 20 U.S.C. 1155(e)); and (B) the balance shall be for public 

education in accordance with section 2403(b)(2) of the District 

of Columbia School Reform Act of 1995 (D.C. Official Code, sec. 

38–1804.03(b)(2)): Provided further, That of the amounts made 

available to District of Columbia public charter schools, 

$25,000 shall be made available to the Office of the Chief Financial Officer as authorized by section 2403(b)(6) of the District of Columbia School Reform Act of 1995 (D.C. Official 

Code, sec. 38–1804.03(b)(6)): Provided further, That $660,000 of 

this amount shall be available to the District of Columbia Public Charter School Board for administrative costs: Provided further, That notwithstanding the amounts otherwise provided 

under this heading or any other provision of law, there shall be 

appropriated to the District of Columbia public charter schools 

on July 1, 2004, an amount equal to 25 percent of the total 

amount provided for payments to public charter schools in the 

proposed budget of the District of Columbia for fiscal year 2005 

(as submitted to Congress), and the amount of such payment 

shall be chargeable against the final amount provided for such 

payments under the District of Columbia Appropriations Act, 

2005. 

(4) UNIVERSITY OF THE DISTRICT OF COLUMBIA.— $80,660,000 (including $48,656,000 from local funds, 

$11,867,000 from Federal grant funds, $19,434,000 from other 

funds, and $703,000 from private funds) shall be available for 

the University of the District of Columbia: Provided, That this 

appropriation shall not be available to subsidize the education 

of nonresidents of the District of Columbia at the University of 

the District of Columbia, unless the Board of Trustees of the 

University of the District of Columbia adopts, for the fiscal year 

ending September 30, 2004, a tuition rate schedule that will establish the tuition rate for nonresident students at a level no 

lower than the nonresident tuition rate charged at comparable 

public institutions of higher education in the metropolitan area: 

Provided further, That notwithstanding the amounts otherwise 

provided under this heading or any other provision of law, 

there shall be appropriated to the University of the District of 

Columbia on July 1, 2004, an amount equal to 10 percent of the 

total amount provided for the University of the District of Columbia in the proposed budget of the District of Columbia for 

fiscal year 2005 (as submitted to Congress), and the amount of 

such payment shall be chargeable against the final amount provided for the University of the District of Columbia under the 

District of Columbia Appropriations Act, 2005: Provided further, That not to exceed $2,500 for the President of the University of the District of Columbia shall be available from this appropriation for official reception and representation expenses. 

(5) DISTRICT OF COLUMBIA PUBLIC LIBRARIES.—$28,287,000 

(including $26,750,000 from local funds, $1,000,000 from Federal grant funds, and $537,000 from other funds) shall be 

121

available for the District of Columbia Public Libraries: Provided, That not to exceed $2,000 for the Public Librarian shall 

be available from this appropriation for official reception and 

representation expenses. 

(6) COMMISSION ON THE ARTS AND HUMANITIES.— $2,476,000 (including $1,601,000 from local funds, $475,000 

from Federal grant funds, and $400,000 from other funds) shall 

be available for the Commission on the Arts and Humanities. 

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

Human support services, $2,360,067,000 (including $1,030,223,000 from local funds, $1,247,945,000 from Federal grant 

funds, $24,330,000 from other funds, $9,330,000 from private funds, 

and $48,239,000, to remain available until expended, from the Medicaid and Special Education Reform Fund established pursuant to 

the Medicaid and Special Education Reform Fund Establishment 

Act of 2002 (D.C. Law 14–190; D.C. Official Code 4–204.51 et seq.)), 

in addition, $7,500,000 from funds previously appropriated in this 

Act under the heading ‘‘Federal Payment for Hospital Bioterrorism 

Preparedness in the District of Columbia’’ and $12,900,000 from 

funds previously appropriated in this Act under the heading ‘‘Federal Payment to Foster Care Improvements in the District of Columbia’’: Provided, That the funds available from the Medicaid and 

Special Education Reform Fund are allocated as follows: not more 

than $18,744,000 for Child and Family Services, not more than 

$7,795,000 for the Department of Human Services, and not more 

than $21,700,000 for the Department of Mental Health: Provided 

further, That $27,959,000 of this appropriation, to remain available 

until expended, shall be available solely for District of Columbia 

employees’ disability compensation: Provided further, That 

$7,500,000 of this appropriation, to remain available until expended, shall be deposited in the Addiction Recovery Fund, established pursuant to section 5 of the Choice in Drug Treatment Act 

of 2000 (D.C. Law 13–146; D.C. Official Code, sec. 7–3004) and 

used exclusively for the purpose of the Drug Treatment Choice Program established pursuant to section 4 of the Choice in Drug Treatment Act of 2000 (D.C. Law 13–146; D.C. Official Code, sec. 7–

3003): Provided further, That no less than $2,000,000 of this appropriation shall be available exclusively for the purpose of funding the 

pilot substance abuse program for youth ages 14 through 21 years 

established pursuant to section 4212 of the Pilot Substance Abuse 

Program for Youth Act of 2001 (D.C. Law 14–28; D.C. Official Code, 

sec. 7–3101): Provided further, That $4,500,000 of this appropriation, to remain available until expended, shall be deposited in the 

Interim Disability Assistance Fund established pursuant to section 

201 of the District of Columbia Public Assistance Act of 1982 (D.C. 

Law 4–101; D.C. Official Code, sec. 4–202.01), to be used exclusively 

for the Interim Disability Assistance program and the purposes for 

that program set forth in section 407 of the District of Columbia 

Public Assistance Act of 1982 (D.C. Law 13–252; D.C. Official Code, 

sec. 4–204.07): Provided further, That not less than $640,531 of this 

appropriation shall be available exclusively for the purpose of funding the Burial Assistance Program established by section 1802 of 

122

the Burial Assistance Program Reestablishment Act of 1999 (D.C. 

Law 13–38; D.C. Official Code, sec. 4–1001). 

PUBLIC WORKS

Public works, including rental of one passenger-carrying vehicle 

for use by the Mayor and three passenger-carrying vehicles for use 

by the Council of the District of Columbia and leasing of passengercarrying vehicles, $327,046,000 (including $308,028,000 from local 

funds, $5,274,000 from Federal grant funds, and $13,744,000 from 

other funds), in addition, $3,500,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Transportation Assistance’’: Provided, That this appropriation shall not 

be available for collecting ashes or miscellaneous refuse from hotels 

and places of business. 

CASH RESERVE

For the cumulative cash reserve established pursuant to section 

202(j)(2) of the District of Columbia Financial Responsibility and 

Management Assistance Act of 1995 (D.C. Official Code, sec. 47–

392.02(j)(2)), $50,000,000 from local funds. 

EMERGENCY AND CONTINGENCY RESERVE FUNDS

For the emergency reserve fund and the contingency reserve 

fund under section 450A of the District of Columbia Home Rule Act 

(D.C. Official Code, sec. 1–204.50a), such amounts from local funds 

as are necessary to meet the balance requirements for such funds 

under such section. 

REPAYMENT OF LOANS AND INTEREST

For payment of principal, interest, and certain fees directly resulting from borrowing by the District of Columbia to fund District 

of Columbia capital projects as authorized by sections 462, 475, and 

490 of the District of Columbia Home Rule Act (D.C. Official Code, 

secs. 1–204.62, 1–204.75, and 1–204.90), $311,504,000 from local 

funds: Provided, That for equipment leases, the Mayor may finance 

$14,300,000 of equipment cost, plus cost of issuance not to exceed 

2 percent of the par amount being financed on a lease purchase 

basis with a maturity not to exceed 5 years. 

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

For payment of interest on short-term borrowing, $3,000,000 

from local funds. 

CERTIFICATES OF PARTICIPATION

For principal and interest payments on the District’s Certificates of Participation, issued to finance the ground lease underlying 

the building located at One Judiciary Square, $4,911,000 from local 

funds. 

SETTLEMENTS AND JUDGMENTS

For making refunds and for the payment of legal settlements or 

judgments that have been entered against the District of Columbia 

123

government, $22,522,000 from local funds: Provided, That this appropriation shall not be construed as modifying or affecting the provisions of section 103 of this Act. 

WILSON BUILDING

For expenses associated with the John A. Wilson building, 

$3,704,000 from local funds. 

WORKFORCE INVESTMENTS

For workforce investments, $22,308,000 from local funds, to be 

transferred by the Mayor of the District of Columbia within the various appropriation headings in this Act for which employees are 

properly payable.

NON-DEPARTMENTAL AGENCY

To account for anticipated costs that cannot be allocated to specific agencies during the development of the proposed budget, 

$19,639,000 (including $11,455,000 from local funds and 

$8,184,000 from other funds) to be transferred by the Mayor of the 

District of Columbia within the various appropriations headings in 

this Act: Provided, That $11,455,000 from local funds shall be for 

anticipated costs associated with the No Child Left Behind Act. 

PAY-AS-YOU-GO CAPITAL

For Pay-As-You-Go Capital funds in lieu of capital financing, 

$11,267,000 from local funds, to be transferred to the Capital Fund, 

subject to the Criteria for Spending Pay-as-You-Go Funding Amendment Act of 2003 (D.C. Act 15–106): Provided, That pursuant to this 

Act, there are authorized to be transferred from Pay-As-You-Go Capital funds to other headings of this Act, such sums as may be necessary to carry out the purposes of this Act. 

TAX INCREMENT FINANCING PROGRAM

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

funds. 

MEDICAID DISALLOWANCE

For making refunds associated with disallowed Medicaid funding, an amount not to exceed $57,000,000 in local funds, to remain 

available until expended: Provided, That funds are derived from a 

transfer from the funds identified in the fiscal year 2002 comprehensive annual financial report as the District of Columbia’s 

Grants Disallowance balance. 

ENTERPRISE AND OTHER FUNDS 

WATER AND SEWER AUTHORITY

For operation of the Water and Sewer Authority, $259,095,000 

from other funds, of which $18,692,000 shall be apportioned for repayment of loans and interest incurred for capital improvement 

projects and payable to the District’s debt service fund. 

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For construction projects, $229,807,000, to be distributed as follows: $99,449,000 for the Blue Plains Wastewater Treatment Plant, 

$16,739,000 for the sewer program, $72,047,000 for the combined 

sewer program, $5,993,000 for the stormwater program, 

$24,431,000 for the water program, and $11,148,000 for the capital 

equipment program; in addition, $30,000,000 from funds previously 

appropriated in this Act under the heading ‘‘Federal Payment to the 

District of Columbia Water and Sewer Authority’’: Provided, That 

the requirements and restrictions that are applicable to general 

fund capital improvement projects and set forth in this Act under 

the Capital Outlay appropriation account shall apply to projects approved under this appropriation account. 

WASHINGTON AQUEDUCT

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

other funds. 

STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

For operation of the Stormwater Permit Compliance Enterprise 

Fund, $3,501,000 from other funds. 

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For the Lottery and Charitable Games Enterprise Fund, established by the District of Columbia Appropriation Act, 1982, for the 

purpose of implementing the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and Raffles for Charitable Purposes in the 

District of Columbia (D.C. Law 3–172; D.C. Official Code, sec. 3–

1301 et seq. and sec. 22–1716 et seq.), $242,755,000 from other 

funds: Provided, That the District of Columbia shall identify the 

source of funding for this appropriation title from the District’s own 

locally generated revenues: Provided further, That no revenues from 

Federal sources shall be used to support the operations or activities 

of the Lottery and Charitable Games Control Board. 

SPORTS AND ENTERTAINMENT COMMISSION

For the Sports and Entertainment Commission, $13,979,000 

from local funds. 

DISTRICT OF COLUMBIA RETIREMENT BOARD

For the District of Columbia Retirement Board, established pursuant to section 121 of the District of Columbia Retirement Reform 

Act of 1979 (D.C. Official Code, sec. 1–711), $13,895,000 from the 

earnings of the applicable retirement funds to pay legal, management, investment, and other fees and administrative expenses of the 

District of Columbia Retirement Board: Provided, That the District 

of Columbia Retirement Board shall provide to the Congress and to 

the Council of the District of Columbia a quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further, That the District of Columbia Retirement Board shall 

provide the Mayor, for transmittal to the Council of the District of 

Columbia, an itemized accounting of the planned use of appropriated funds in time for each annual budget submission and the 

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actual use of such funds in time for each annual audited financial 

report. 

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund, 

$69,742,000 from other funds. 

NATIONAL CAPITAL REVITALIZATION CORPORATION

For the National Capital Revitalization Corporation, 

$7,849,000 from other funds. 

CAPITAL OUTLAY

(INCLUDING RESCISSIONS)

For construction projects, an increase of $1,004,796,000, of 

which $601,708,000 shall be from local funds, $46,014,000 from 

Highway Trust funds, $38,311,000 from the Rights-of-way funds, 

$218,880,000 from Federal grant funds, and a rescission of 

$99,884,000 from local funds appropriated under this heading in 

prior fiscal years, for a net amount of $904,913,000, to remain 

available until expended; in addition, $8,150,000 from funds previously appropriated in this Act under the heading ‘‘Federal Payment for Capital Development in the District of Columbia’’ and 

$5,000,000 from funds previously appropriated in this Act under the 

heading ‘‘Federal Payment for the Anacostia Waterfront Initiative’’: 

Provided, That funds for use of each capital project implementing 

agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further, That all funds provided by this appropriation title shall be available only for the specific projects and 

purposes intended.

TITLE III—DC SCHOOL CHOICE INCENTIVE ACT OF 2003

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘DC School Choice Incentive Act 

of 2003’’. 

SEC. 302. FINDINGS. 

The Congress finds the following: 

(1) Parents are best equipped to make decisions for their 

children, including the educational setting that will best serve 

the interests and educational needs of their child. 

(2) For many parents in the District of Columbia, public 

school choice provided for under the No Child Left Behind Act 

of 2001 as well as under other public school choice programs, 

is inadequate due to capacity constraints. Available educational 

alternatives to the public schools are insufficient and more educational options are needed. In particular, funds are needed to 

assist low-income parents to exercise choice among enhanced 

public opportunities and private educational environments, 

whether religious or nonreligious. Therefore, in keeping with the 

spirit of the No Child Left Behind Act of 2001, school choice options, in addition to those already available to parents in the 

District of Columbia (such as magnet and charter schools and 

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open enrollment schools) should be made available to those parents. 

(3) In the most recent mathematics assessment on the National Assessment of Educational Progress (NAEP), administered in 2000, a lower percentage of 4th-grade students in the 

District of Columbia demonstrated proficiency than was the 

case for any State. Seventy-six percent of the District of Columbia fourth-graders scored at the ‘‘below basic’’ level and of the 

8th-grade students in the District of Columbia, only 6 percent 

of the students tested at the proficient or advanced levels, and 

77 percent were below basic. In the most recent NAEP reading 

assessment, in 1998, only 10 percent of the District of Columbia 

fourth-graders could read proficiently, while 72 percent were 

below basic. At the 8th-grade level, 12 percent were proficient 

or advanced and 56 percent were below basic. 

(4) A program enacted for the valid secular purpose of providing educational assistance to low-income children in a demonstrably failing public school system is constitutional under 

Zelman v. Simmons-Harris, 536 U.S. 639 (2002), if it is neutral 

with respect to religion and provides assistance to a broad class 

of citizens who direct government aid to religious and secular 

schools solely as a result of their genuine and independent private choices. 

(5) The Mayor of the District of Columbia, the Chairman 

of the Education Committee of the City Council of the District 

of Columbia, and the President of the District of Columbia 

Board of Education support this title. 

(6) This title provides additional money for the District of 

Columbia public schools and therefore money for scholarships 

is not being taken out of money that would otherwise go to the 

District of Columbia public schools. 

(7) This title creates a 5-year program tailored to the current needs and particular circumstances of low-income children 

in District of Columbia schools. This title does not establish parameters or requirements for other school choice programs. 

SEC. 303. PURPOSE. 

The purpose of this title is to provide low-income parents residing in the District of Columbia, particularly parents of students who 

attend elementary schools or secondary schools identified for improvement, corrective action, or restructuring under section 1116 of 

the Elementary and Secondary Education Act of 1965 (20 U.S.C. 

6316), with expanded opportunities for enrolling their children in 

higher-performing schools in the District of Columbia. 

SEC. 304. GENERAL AUTHORITY. 

(a) AUTHORITY.—From funds appropriated to carry out this 

title, the Secretary shall award grants on a competitive basis to eligible entities with approved applications under section 305 to carry 

out activities to provide eligible students with expanded school 

choice opportunities. The Secretary may award a single grant or 

multiple grants, depending on the quality of applications submitted 

and the priorities of this title. 

(b) DURATION OF GRANTS.—The Secretary may make grants 

under this section for a period of not more than 5 years. 

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(c) MEMORANDUM OF UNDERSTANDING.—The Secretary and the 

Mayor of the District of Columbia shall enter into a memorandum 

of understanding, as described in the statement of the managers, regarding the design of, selection of eligible entities to receive grants 

under, and implementation of, a program assisted under this title. 

SEC. 305. APPLICATIONS. 

(a) IN GENERAL.—In order to receive a grant under this title, 

an eligible entity shall submit an application to the Secretary at 

such time, in such manner, and accompanied by such information 

as the Secretary may require. 

(b) CONTENTS.—The Secretary may not approve the request of 

an eligible entity for a grant under this title unless the entity’s application includes—

(1) a detailed description of—

(A) how the entity will address the priorities described 

in section 306; 

(B) how the entity will ensure that if more eligible students seek admission in the program than the program can 

accommodate, eligible students are selected for admission 

through a random selection process which gives weight to 

the priorities described in section 306; 

(C) how the entity will ensure that if more participating eligible students seek admission to a participating 

school than the school can accommodate, participating eligible students are selected for admission through a random 

selection process; 

(D) how the entity will notify parents of eligible students of the expanded choice opportunities and how the entity will ensure that parents receive sufficient information 

about their options to allow the parents to make informed 

decisions; 

(E) the activities that the entity will carry out to provide parents of eligible students with expanded choice opportunities through the awarding of scholarships under 

section 307(a); 

(F) how the entity will determine the amount that will 

be provided to parents for the tuition, fees, and transportation expenses, if any; 

(G) how the entity will seek out private elementary 

schools and secondary schools in the District of Columbia 

to participate in the program, and will ensure that participating schools will meet the applicable requirements of this 

title and provide the information needed for the entity to 

meet the reporting requirements of this title; 

(H) how the entity will ensure that participating 

schools are financially responsible and will use the funds 

received under this title effectively; 

(I) how the entity will address the renewal of scholarships to participating eligible students, including continued 

eligibility; and 

(J) how the entity will ensure that a majority of its voting board members or governing organization are residents 

of the District of Columbia; and

(2) an assurance that the entity will comply with all requests regarding any evaluation carried out under section 309. 

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SEC. 306. PRIORITIES. 

In awarding grants under this title, the Secretary shall give 

priority to applications from eligible entities who will most effectively—

(1) give priority to eligible students who, in the school year 

preceding the school year for which the eligible student is seeking a scholarship, attended an elementary school or secondary 

school identified for improvement, corrective action, or restructuring under section 1116 of the Elementary and Secondary 

Education Act of 1965 (20 U.S.C. 6316); 

(2) target resources to students and families that lack the 

financial resources to take advantage of available educational 

options; and 

(3) provide students and families with the widest range of 

educational options. 

SEC. 307. USE OF FUNDS. 

(a) SCHOLARSHIPS.—

(1) IN GENERAL.—Subject to paragraphs (2) and (3), a 

grantee shall use the grant funds to provide eligible students 

with scholarships to pay the tuition, fees, and transportation expenses, if any, to enable them to attend the District of Columbia 

private elementary school or secondary school of their choice. 

Each grantee shall ensure that the amount of any tuition or fees 

charged by a school participating in the grantee’s program 

under this title to an eligible student participating in the program does not exceed the amount of tuition or fees that the 

school customarily charges to students who do not participate 

in the program. 

(2) PAYMENTS TO PARENTS.—A grantee shall make scholarship payments under the program under this title to the parent 

of the eligible student participating in the program, in a manner which ensures that such payments will be used for the payment of tuition, fees, and transportation expenses (if any), in accordance with this title. 

(3) AMOUNT OF ASSISTANCE.—

(A) VARYING AMOUNTS PERMITTED.—Subject to the 

other requirements of this section, a grantee may award 

scholarships in larger amounts to those eligible students 

with the greatest need. 

(B) ANNUAL LIMIT ON AMOUNT.—The amount of assistance provided to any eligible student by a grantee under a 

program under this title may not exceed $7,500 for any academic year. 

(4) CONTINUATION OF SCHOLARSHIPS.—Notwithstanding 

section 312(3)(B), an eligible entity receiving a grant under this 

title may award a scholarship, for the second or any succeeding 

year of an eligible student’s participation in a program under 

this title, to a student who comes from a household whose income does not exceed 200 percent of the poverty line. 

(b) ADMINISTRATIVE EXPENSES.—A grantee may use not more 

than 3 percent of the amount provided under the grant each year 

for the administrative expenses of carrying out its program under 

this title during the year, including—

(1) determining the eligibility of students to participate; 

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(2) providing information about the program and the 

schools involved to parents of eligible students; 

(3) selecting students to receive scholarships; 

(4) determining the amount of scholarships and issuing the 

scholarships to eligible students; 

(5) compiling and maintaining financial and programmatic records; and

(6) providing funds to assist parents in meeting expenses 

that might otherwise preclude the participation of their child in 

the program. 

SEC. 308. NONDISCRIMINATION. 

(a) IN GENERAL.—An eligible entity or a school participating in 

any program under this title shall not discriminate against program participants or applicants on the basis of race, color, national 

origin, religion, or sex. 

(b) APPLICABILITY AND SINGLE SEX SCHOOLS, CLASSES, OR AC- TIVITIES.—

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the prohibition of sex discrimination in subsection (a) shall 

not apply to a participating school that is operated by, supervised by, controlled by, or connected to a religious organization 

to the extent that the application of subsection (a) is inconsistent with the religious tenets or beliefs of the school. 

(2) SINGLE SEX SCHOOLS, CLASSES, OR ACTIVITIES.—Notwithstanding subsection (a) or any other provision of law, a 

parent may choose and a school may offer a single sex school, 

class, or activity. 

(3) APPLICABILITY.—For purposes of this title, the provisions of section 909 of the Education Amendments of 1972 (20 

U.S.C. 1688) shall apply to this title as if section 909 of the 

Education Amendments of 1972 (20 U.S.C. 1688) were part of 

this title. 

(c) CHILDREN WITH DISABILITIES.—Nothing in this title may be 

construed to alter or modify the provisions of the Individuals with 

Disabilities Education Act. 

(d) RELIGIOUSLY AFFILIATED SCHOOLS.— (1) IN GENERAL.—Notwithstanding any other provision of 

law, a school participating in any program under this title that 

is operated by, supervised by, controlled by, or connected to, a 

religious organization may exercise its right in matters of employment consistent with title VII of the Civil Rights Act of 

1964 (42 U.S.C. 2000e–1 et seq.), including the exemptions in 

such title. 

(2) MAINTENANCE OF PURPOSE.—Notwithstanding any 

other provision of law, funds made available under this title to 

eligible students that are received by a participating school, as 

a result of their parents’ choice, shall not, consistent with the 

first amendment of the United States Constitution, necessitate 

any change in the participating school’s teaching mission, require any participating school to remove religious art, icons, 

scriptures, or other symbols, or preclude any participating 

school from retaining religious terms in its name, selecting its 

board members on a religious basis, or including religious references in its mission statements and other chartering or governing documents. 

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(e) RULE OF CONSTRUCTION.—A scholarship (or any other form 

of support provided to parents of eligible students) under this title 

shall be considered assistance to the student and shall not be considered assistance to the school that enrolls the eligible student. The 

amount of any scholarship (or other form of support provided to 

parents of an eligible student) under this title shall not be treated 

as income of the parents for purposes of Federal tax laws or for determining eligibility for any other Federal program. 

SEC. 309. EVALUATIONS. 

(a) IN GENERAL.—

(1) DUTIES OF THE SECRETARY AND THE MAYOR.—The Secretary and the Mayor of the District of Columbia shall jointly 

select an independent entity to evaluate annually the performance of students who received scholarships under the 5-year 

program under this title, and shall make the evaluations public 

in accordance with subsection (c). 

(2) DUTIES OF THE SECRETARY.—The Secretary, through a 

grant, contract, or cooperative agreement, shall—

(A) ensure that the evaluation is conducted using the 

strongest possible research design for determining the effectiveness of the programs funded under this title that addresses the issues described in paragraph (4); and 

(B) disseminate information on the impact of the programs in increasing the student academic achievement of 

participating students, and on the impact of the programs 

on students and schools in the District of Columbia. 

(3) DUTIES OF THE INDEPENDENT ENTITY.—The independent 

entity shall— 

(A) measure the academic achievement of all participating eligible students; 

(B) use the same grade appropriate measurement every 

school year to assess participating eligible students as the 

measurement used by the District of Columbia Public 

Schools to assess District of Columbia Public School students in the first year of the program; and 

(C) work with the eligible entities to ensure that the 

parents of each student who applies for a scholarship under 

this title (regardless of whether the student receives the 

scholarship) and the parents of each student participating 

in the scholarship program under this title, agree that the 

student will participate in the measurements given annually by the independent entity for the period for which the 

student applied for or received the scholarship, respectively. 

(4) ISSUES TO BE EVALUATED.—The issues to be evaluated 

include the following: 

(A) A comparison of the academic achievement of participating eligible students in the measurements described 

in this section to the achievement of— 

(i) students in the same grades in the District of 

Columbia public schools; and 

(ii) the eligible students in the same grades in the 

District of Columbia public schools who sought to participate in the scholarship program but were not selected. 

131

(B) The success of the programs in expanding choice 

options for parents. 

(C) The reasons parents choose for their children to 

participate in the programs. 

(D) A comparison of the retention rates, dropout rates, 

and (if appropriate) graduation and college admission 

rates, of students who participate in the programs funded 

under this title with the retention rates, dropout rates, and 

(if appropriate) graduation and college admission rates of 

students of similar backgrounds who do not participate in 

such programs. 

(E) The impact of the program on students, and public 

elementary schools and secondary schools, in the District of 

Columbia. 

(F) A comparison of the safety of the schools attended 

by students who participate in the programs and the 

schools attended by students who do not participate in the 

programs. 

(G) Such other issues as the Secretary considers appropriate for inclusion in the evaluation. 

(5) PROHIBITION.—Personally identifiable information regarding the results of the measurements used for the evaluations may not be disclosed, except to the parents of the student 

to whom the information relates. 

(b) REPORTS.—The Secretary shall submit to the Committees on 

Appropriations, Education and the Workforce, and Government Reform of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, and Governmental Affairs of the Senate—

(1) annual interim reports, not later than December 1 of 

each year for which a grant is made under this title, on the 

progress and preliminary results of the evaluation of the programs funded under this title; and 

(2) a final report, not later than 1 year after the final year 

for which a grant is made under this title, on the results of the 

evaluation of the programs funded under this title. 

(c) PUBLIC AVAILABILITY.—All reports and underlying data 

gathered pursuant to this section shall be made available to the 

public upon request, in a timely manner following submission of the 

applicable report under subsection (b), except that personally identifiable information shall not be disclosed or made available to the 

public. 

(d) LIMIT ON AMOUNT EXPENDED.—The amount expended by 

the Secretary to carry out this section for any fiscal year may not 

exceed 3 percent of the total amount appropriated to carry out this 

title for the fiscal year. 

SEC. 310. REPORTING REQUIREMENTS. 

(a) ACTIVITIES REPORTS.—Each grantee receiving funds under 

this title during a year shall submit a report to the Secretary not 

later than July 30 of the following year regarding the activities carried out with the funds during the preceding year. 

(b) ACHIEVEMENT REPORTS.—

(1) IN GENERAL.—In addition to the reports required under 

subsection (a), each grantee shall, not later than September 1 

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132

ee’s program is completed and each of the next 2 years thereafter, submit a report to the Secretary regarding the data collected in the previous 2 academic years concerning—

(A) the academic achievement of students participating 

in the program; 

(B) the graduation and college admission rates of students who participate in the program, where appropriate; 

and 

(C) parental satisfaction with the program. 

(2) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.—

No report under this subsection may contain any personally 

identifiable information. 

(c) REPORTS TO PARENT.—

(1) IN GENERAL.—Each grantee shall ensure that each 

school participating in the grantee’s program under this title 

during a year reports at least once during the year to the parents of each of the school’s students who are participating in the 

program on—

(A) the student’s academic achievement, as measured 

by a comparison with the aggregate academic achievement 

of other participating students at the student’s school in the 

same grade or level, as appropriate, and the aggregate academic achievement of the student’s peers at the student’s 

school in the same grade or level, as appropriate; and 

(B) the safety of the school, including the incidence of 

school violence, student suspensions, and student expulsions. 

(2) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.—

No report under this subsection may contain any personally 

identifiable information, except as to the student who is the subject of the report to that student’s parent. 

(d) REPORT TO CONGRESS.—The Secretary shall submit to the 

Committees on Appropriations, Education and the Workforce, and 

Government Reform of the House of Representatives and the Committees on Appropriations, Health, Education, Labor, and Pensions, 

and Governmental Affairs of the Senate an annual report on the 

findings of the reports submitted under subsections (a) and (b). 

SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS. 

(a) REQUESTS FOR DATA AND INFORMATION.—Each school participating in a program funded under this title shall comply with 

all requests for data and information regarding evaluations conducted under section 309(a). 

(b) RULES OF CONDUCT AND OTHER SCHOOL POLICIES.—A participating school, including those described in section 308(d), may 

require eligible students to abide by any rules of conduct and other 

requirements applicable to all other students at the school. 

SEC. 312. DEFINITIONS. 

As used in this title: 

(1) ELEMENTARY SCHOOL.—The term ‘‘elementary school’’ 

means an institutional day or residential school, including a 

public elementary charter school, that provides elementary education, as determined under District of Columbia law. 

(2) ELIGIBLE ENTITY.—The term ‘‘eligible entity’’ means any 

of the following: 

133

(A) An educational entity of the District of Columbia 

Government. 

(B) A nonprofit organization. 

(C) A consortium of nonprofit organizations.

(3) ELIGIBLE STUDENT.—The term ‘‘eligible student’’ means 

a student who—

(A) is a resident of the District of Columbia; and 

(B) comes from a household whose income does not exceed 185 percent of the poverty line. 

(4) PARENT.—The term ‘‘parent’’ has the meaning given that 

term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(5) POVERTY LINE.—The term ‘‘poverty line’’ has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). 

(6) SECONDARY SCHOOL.—The term ‘‘secondary school’’ 

means an institutional day or residential school, including a 

public secondary charter school, as determined under District of 

Columbia law, except that the term does not include any education beyond grade 12. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Education. 

SEC. 313. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out this title 

$14,000,000 for fiscal year 2004 and such sums as may be necessary 

for each of the 4 succeeding fiscal years. 

TITLE IV—GENERAL PROVISIONS 

SEC. 401. Whenever in this Act, an amount is specified within 

an appropriation for particular purposes or objects of expenditure, 

such amount, unless otherwise specified, shall be considered as the 

maximum amount that may be expended for said purpose or object 

rather than an amount set apart exclusively therefor. 

SEC. 402. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when 

authorized by the Mayor: Provided, That in the case of the Council 

of the District of Columbia, funds may be expended with the authorization of the Chairman of the Council. 

SEC. 403. There are appropriated from the applicable funds of 

the District of Columbia such sums as may be necessary for making 

refunds and for the payment of legal settlements or judgments that 

have been entered against the District of Columbia government: Provided, That nothing contained in this section shall be construed as 

modifying or affecting the provisions of section 11(c)(3) of title XII 

of the District of Columbia Income and Franchise Tax Act of 1947 

(D.C. Official Code, sec. 47–1812.11(c)(3)). 

SEC. 404. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly to provided herein. 

SEC. 405. No funds appropriated in this Act for the District of 

Columbia government for the operation of educational institutions, 

the compensation of personnel, or for other educational purposes 

may be used to permit, encourage, facilitate, or further partisan poVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00137 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
134

litical activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community or partisan 

political group during non-school hours. 

SEC. 406. None of the funds appropriated in this Act shall be 

made available to pay the salary of any employee of the District of 

Columbia government whose name, title, grade, and salary are not 

available for inspection by the Committees on Appropriations of the 

House of Representatives and Senate, the Committee on Government 

Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Council of the District of Columbia, or their duly authorized representative. 

SEC. 407. (a) Except as provided in subsection (b), no part of 

this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to 

support or defeat legislation pending before Congress or any State 

legislature. 

(b) The District of Columbia may use local funds provided in 

this Act to carry out lobbying activities on any matter other than—

(1) the promotion or support of any boycott; or 

(2) statehood for the District of Columbia or voting representation in Congress for the District of Columbia. 

(c) Nothing in this section may be construed to prohibit any 

elected official from advocating with respect to any of the issues referred to in subsection (b). 

SEC. 408. (a) None of the funds provided under this Act to the 

agencies funded by this Act, both Federal and District government 

agencies, that remain available for obligation or expenditure in fiscal year 2004, or provided from any accounts in the Treasury of the 

United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—

(1) creates new programs; 

(2) eliminates a program, project, or responsibility center; 

(3) establishes or changes allocations specifically denied, 

limited or increased under this Act;

(4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been 

denied or restricted; 

(5) reestablishes any program or project previously deferred 

through reprogramming; 

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of 

$1,000,000 or 10 percent, whichever is less; or 

(7) increases by 20 percent or more personnel assigned to 

a specific program, project or responsibility center, 

unless the Committee on Appropriations of the House of Representatives and Senate are notified in writing 30 days in advance of the 

reprogramming. 

(b) None the local funds contained in this Act may be available 

for obligation or expenditure for an agency through a transfer of 

any local funds from one appropriation heading to another unless 

the Committees on Appropriations of the House of Representatives 

and Senate are notified in writing 30 days in advance of the transfer, except that in no event may the amount of any funds transferred 

exceed 4 percent of the local funds in the appropriations. 

135

SEC. 409. Consistent with the provisions of section 1301(a) of 

title 31, United States Code, appropriations under this Act shall be 

applied only to the objects for which the appropriations were made 

except as otherwise provided by law. 

SEC. 410. Notwithstanding any other provisions of law, the provisions of the District of Columbia Government Comprehensive 

Merit Personnel Act of 1978 (D.C. Law 2–139; D.C. Official Code, 

sec. 1–601.01 et seq.), enacted pursuant to section 422(3) of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–

204l.22(3)), shall apply with respect to the compensation of District 

of Columbia employees: Provided, That for pay purposes, employees 

of the District of Columbia government shall not be subject to the 

provisions of title 5, United States Code. 

SEC. 411. No later than 30 days after the end of the first quarter of fiscal year 2004, the Mayor of the District of Columbia shall 

submit to the Council of the District of Columbia and the Committees on Appropriations of the House of Representatives and Senate 

the new fiscal year 2004 revenue estimates as of the end of such 

quarter. These estimates shall be used in the budget request for fiscal year 2005. The officially revised estimates at midyear shall be 

used for the midyear report. 

SEC. 412. No sole source contract with the District of Columbia 

government or any agency thereof may be renewed or extended without opening that contract to the competitive bidding process as set 

forth in section 303 of the District of Columbia Procurement Practices Act of 1985 (D.C. Law 6–85; D.C. Official Code, sec. 2–303.03), 

except that the District of Columbia government or any agency 

thereof may renew or extend sole source contracts for which competition is not feasible or practical, but only if the determination as to 

whether to invoke the competitive bidding process has been made in 

accordance with duly promulgated rules and procedures and has 

been reviewed and certified by the Chief Financial Officer of the 

District of Columbia. 

SEC. 413. (a) In the event a sequestration order is issued pursuant to the Balanced Budget and Emergency Deficit Control Act of 

1985 after the amounts appropriated to the District of Columbia for 

the fiscal year involved have been paid to the District of Columbia, 

the Mayor of the District of Columbia shall pay to the Secretary of 

the Treasury, within 15 days after receipt of a request therefor from 

the Secretary of the Treasury, such amounts as are sequestered by 

the order: Provided, That the sequestration percentage specified in 

the order shall be applied proportionately to each of the Federal appropriation accounts in this Act that are not specifically exempted 

from sequestration by such Act. 

(b) For purposes of the Balanced Budget and Emergency Deficit 

Control Act of 1985, the term ‘‘program, project, and activity’’ shall 

be synonymous with and refer specifically to each account appropriating Federal funds in this Act, and any sequestration order 

shall be applied to each of the accounts rather than to the aggregate 

total of those accounts: Provided, That sequestration orders shall 

not be applied to any account that is specifically exempted from sequestration by the Balanced Budget and Emergency Deficit Control 

Act of 1985. 

SEC. 414. None of the Federal funds provided in this Act may 

be used by the District of Columbia to provide for salaries, expenses, 

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or other costs associated with the offices of United States Senator 

or United States Representative under section 4(d) of the District of 

Columbia Statehood Constitutional Convention Initiatives of 1979 

(D.C. Law 3–171; D.C. Official Code, sec. 1–123). 

SEC. 415. None of the funds appropriated under this Act shall 

be expended for any abortion except where the life of the mother 

would be endangered if the fetus were carried to term or where the 

pregnancy is the result of an act of rape or incest.

SEC. 416. None of the Federal funds made available in this Act 

may be used to implement or enforce the Health Care Benefits Expansion Act of 1992 (D.C. Law 9–114; D.C. Official Code, sec. 32–

701 et seq.) or to otherwise implement or enforce any system of registration of unmarried, cohabiting couples, including but not limited to registration for the purpose of extending employment, health, 

or governmental benefits to such couples on the same basis that 

such benefits are extended to legally married couples. 

SEC. 417. (a) Notwithstanding any other provision of this Act, 

the Mayor, in consultation with the Chief Financial Officer of the 

District of Columbia may accept, obligate, and expend Federal, private, and other grants received by the District government that are 

not reflected in the amounts appropriated in this Act. 

(b)(1) No such Federal, private, or other grant may be accepted, 

obligated, or expended pursuant to subsection (a) until—

(A) the Chief Financial Officer of the District of Columbia 

submits to the Council a report setting forth detailed information regarding such grant; and 

(B) the Council has reviewed and approved the acceptance, 

obligation, and expenditure of such grant. 

(2) For purposes of paragraph (1)(B), the Council shall be 

deemed to have reviewed and approved the acceptance, obligation, 

and expenditure of a grant if—

(A) no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt of 

the report from the Chief Financial Officer under paragraph 

(1)(A); or 

(B) if such a notice of disapproval is filed within such 

deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the grant within 30 calendar days of the initial receipt of the report from the Chief Financial Officer under paragraph (1)(A). 

(c) No amount may be obligated or expended from the general 

fund or other funds of the District of Columbia government in anticipation of the approval or receipt of a grant under subsection 

(b)(2) or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such subsection. 

(d) The Chief Financial Officer of the District of Columbia shall 

prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this section. 

Each such report shall be submitted to the Council of the District 

of Columbia and to the Committees on Appropriations of the House 

of Representatives and Senate not later than 15 days after the end 

of the quarter covered by the report. 

SEC. 418. (a) Except as otherwise provided in this section, none 

of the funds made available by this Act or by any other Act may 

be used to provide any officer or employee of the District of ColumVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00140 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
137

bia with an official vehicle unless the officer or employee uses the 

vehicle only in the performance of the officer’s or employee’s official 

duties. For purposes of this paragraph, the term ‘‘official duties’’ 

does not include travel between the officer’s or employee’s residence 

and workplace, except in the case of—

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise 

designated by the Chief of the Department; 

(2) at the discretion of the Fire Chief, an officer or employee 

of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is 

on call 24 hours a day; 

(3) the Mayor of the District of Columbia; and 

(4) the Chairman of the Council of the District of Columbia. 

(b) The Chief Financial Officer of the District of Columbia shall 

submit by March 1, 2004, an inventory, as of September 30, 2003, 

of all vehicles owned, leased or operated by the District of Columbia 

government. The inventory shall include, but not be limited to, the 

department to which the vehicle is assigned; the year and make of 

the vehicle; the acquisition date and cost; the general condition of 

the vehicle; annual operating and maintenance costs; current mileage; and whether the vehicle is allowed to be taken home by a District officer or employee and if so, the officer or employee’s title and 

resident location. 

SEC. 419. None of the funds contained in this Act may be used 

for purposes of the annual independent audit of the District of Columbia government for fiscal year 2004 unless—

(1) the audit is conducted by the Inspector General of the 

District of Columbia, in coordination with the Chief Financial 

Officer of the District of Columbia, pursuant to section 208(a)(4) 

of the District of Columbia Procurement Practices Act of 1985 

(D.C. Official Code, sec. 2–302.8); and 

(2) the audit includes as a basic financial statement a comparison of audited actual year-end results with the revenues 

submitted in the budget document for such year and the appropriations enacted into law for such year using the format, terminology, and classifications contained in the law making the 

appropriations for the year and its legislative history. 

SEC. 420. (a) None of the funds contained in this Act may be 

used by the District of Columbia Corporation Counsel or any other 

officer or entity of the District government to provide assistance for 

any petition drive or civil action which seeks to require Congress to 

provide for voting representation in Congress for the District of Columbia. 

(b) Nothing in this section bars the District of Columbia Corporation Counsel from reviewing or commenting on briefs in private 

lawsuits, or from consulting with officials of the District government 

regarding such lawsuits. 

SEC. 421. (a) None of the funds contained in this Act may be 

used for any program of distributing sterile needles or syringes for 

the hypodermic injection of any illegal drug. 

(b) Any individual or entity who receives any funds contained 

in this Act and who carries out any program described in subsection 

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(a) shall account for all funds used for such program separately 

from any funds contained in this Act. 

SEC. 422. None of the funds contained in this Act may be used 

after the expiration of the 60-day period that begins on the date of 

the enactment of this Act to pay the salary of any chief financial officer of any office of the District of Columbia government (including 

any independent agency of the District of Columbia) who has not 

filed a certification with the Mayor and the Chief Financial Officer 

of the District of Columbia that the officer understands the duties 

and restrictions applicable to the officer and the officer’s agency as 

a result of this Act (and the amendments made by this Act), including any duty to prepare a report requested either in the Act or in 

any of the reports accompanying the Act and the deadline by which 

each report must be submitted. The Chief Financial Officer of the 

District of Columbia shall provide to the Committees on Appropriations of the House of Representatives and Senate by the 10th day 

after the end of each quarter a summary list showing each report, 

the due date, and the date submitted to the Committees. 

SEC. 423. (a) None of the funds contained in this Act may be 

used to enact or carry out any law, rule, or regulation to legalize 

or otherwise reduce penalties associated with the possession, use, or 

distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 802) or any tetrahydrocannabinols derivative. 

(b) The Legalization of Marijuana for Medical Treatment Initiative of 1998, also known as Initiative 59, approved by the electors 

of the District of Columbia on November 3, 1998, shall not take effect. 

SEC. 424. Nothing in this Act may be construed to prevent the 

Council or Mayor of the District of Columbia from addressing the 

issue of the provision of contraceptive coverage by health insurance 

plans, but it is the intent of Congress that any legislation enacted 

on such issue should include a ‘‘conscience clause’’ which provides 

exceptions for religious beliefs and moral convictions. 

SEC. 425. The Mayor of the District of Columbia shall submit 

to the Committees on Appropriations of the House of Representatives 

and Senate, the Committee on Government Reform of the House of 

Representatives, and the Committee on Governmental Affairs of the 

Senate quarterly reports addressing—

(1) crime, including the homicide rate, implementation of 

community policing, the number of police officers on local beats, 

and the closing down of open-air drug markets; 

(2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, 

the number of people on waiting lists, and the effectiveness of 

treatment programs; 

(3) management of parolees and pre-trial violent offenders, 

including the number of halfway houses escapes and steps 

taken to improve monitoring and supervision of halfway house 

residents to reduce the number of escapes to be provided in consultation with the Court Services and Offender Supervision 

Agency for the District of Columbia; 

(4) education, including access to special education services 

and student achievement to be provided in consultation with 

139

the District of Columbia Public Schools and the District of Columbia public charter schools; 

(5) improvement in basic District services, including rat 

control and abatement; 

(6) application for and management of Federal grants, including the number and type of grants for which the District 

was eligible but failed to apply and the number and type of 

grants awarded to the District but for which the District failed 

to spend the amounts received; and 

(7) indicators of child well-being. 

SEC. 426. No later than 30 calendar days after the date of the 

enactment of this Act, the Chief Financial Officer of the District of 

Columbia shall submit to the appropriate committees of Congress, 

the Mayor, and the Council of the District of Columbia a revised appropriated funds operating budget in the format of the budget that 

the District of Columbia government submitted pursuant to section 

442 of the District of Columbia Home Rule Act (D.C. Official Code, 

sec. 1–204.42), for all agencies of the District of Columbia government for fiscal year 2003 that is in the total amount of the approved 

appropriation and that realigns all budgeted data for personal services and other-than-personal-services, respectively, with anticipated 

actual expenditures. 

SEC. 427. None of the funds contained in this Act may be used 

to issue, administer, or enforce any order by the District of Columbia Commission on Human Rights relating to docket numbers 93–

030–(PA) and 93–031–(PA). 

SEC. 428. None of the Federal funds made available in this Act 

may be transferred to any department, agency, or instrumentality of 

the United States Government, except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 429. During fiscal year 2004 and any subsequent fiscal 

year, in addition to any other authority to pay claims and judgments, any department, agency, or instrumentality of the District 

government may use local funds to pay the settlement or judgment 

of a claim or lawsuit in an amount less than $10,000, in accordance 

with the Risk Management for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13–172; D.C. Official Code, sec. 2–402). 

SEC. 430. Notwithstanding any other law, the District of Columbia Courts shall transfer to the general treasury of the District 

of Columbia all fines levied and collected by the Courts under section 10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. 

Official Code, sec. 50–2201.05(b)(1) and (2)). The transferred funds 

shall remain available until expended and shall be used by the Office of the Corporation Counsel for enforcement and prosecution of 

District traffic alcohol laws in accordance with section 10(b)(3) of 

the District of Columbia Traffic Act (D.C. Official Code, sec. 50–

2201.05(b)(3)). 

SEC. 431. During fiscal year 2004 and any subsequent fiscal 

year, any agency of the District government may transfer to the Office of Labor Relations and Collective Bargaining (OLRCB) such 

local funds as may be necessary to pay for representation by OLRCB 

in third-party cases, grievances, and dispute resolution, pursuant to 

an intra-District agreement with OLRCB. These amounts shall be 

140

available for use by OLRCB to reimburse the cost of providing the 

representation.

SEC. 432. None of the funds contained in this Act may be made 

available to pay—

(1) the fees of an attorney who represents a party in an action or an attorney who defends an action, including an administrative proceeding, brought against the District of Columbia 

Public Schools under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for that 

action; or 

(2) the fees of an attorney or firm whom the Chief Financial 

Officer of the District of Columbia determines to have a pecuniary interest, either through an attorney, officer or employee of 

the firm, in any special education diagnostic services, schools, 

or other special education service providers. 

SEC. 433. The Chief Financial Officer of the District of Columbia shall require attorneys in special education cases brought under 

the Individuals with Disabilities Act (IDEA) in the District of Columbia to certify in writing that the attorney or representative rendered any and all services for which they receive awards, including 

those received under a settlement agreement or as part of an administrative proceeding, under the IDEA from the District of Columbia: 

Provided, That as part of the certification, the Chief Financial Officer of the District of Columbia shall require all attorneys in IDEA 

cases to disclose any financial, corporate, legal, memberships on 

boards of directors, or other relationships with any special education diagnostic services, schools, or other special education service 

providers to which the attorneys have referred any clients as part 

of this certification: Provided further, That the Chief Financial Officer shall prepare and submit quarterly reports to the Committees on 

Appropriations of the House of Representatives and Senate on the 

certification of and the amount paid by the government of the District of Columbia, including the District of Columbia Public 

Schools, to attorneys in cases brought under IDEA: Provided further, That the Inspector General of the District of Columbia may 

conduct investigations to determine the accuracy of the certifications. 

SEC. 434. Section 603(e)(3)(C)(iv) of the Student Loan Marketing Association Reorganization Act of 1996 (20 U.S.C. 

1155(e)(3)(C)(iv)) is amended as follows: 

(1) by inserting ‘‘for a fiscal year’’ after ‘‘this subparagraph’’; and 

(2) by inserting ‘‘for the fiscal year’’ before the period. 

SEC. 435. Chapter 3 of title 16, District of Columbia Code, is 

amended by inserting at the end the following new section: 

‘‘SEC. 16–316. APPOINTMENT AND COMPENSATION OF COUNSEL; 

GUARDIAN AD LITEM. 

‘‘(a) When a petition for adoption has been filed and there has 

been no termination or relinquishment of parental rights with respect to the proposed adoptee or consent to the proposed adoption by 

a parent or guardian whose consent is required under D.C. Code 

section 16–304, the Court may appoint an attorney to represent such 

parent or guardian in the adoption proceeding if the individual is 

financially unable to obtain adequate representation. 

141

‘‘(b) The Court may appoint a guardian ad litem who is an attorney to represent the child in an adoption proceeding. The guardian ad litem shall in general be charged with the representation of 

the child’s best interest. 

‘‘(c) An attorney appointed pursuant to subsection (a) or (b) of 

this section shall be compensated in accordance with D.C. Code section 16–2326.01, except that compensation in the adoption case shall 

be subject to the limitation set forth in D.C. Code section 16–

2326.01(b)(2).’’

The table of sections for chapter 3 of title 16, District of Columbia Code, is amended by inserting at the end the following new 

item:

‘‘Sec. 16–316. Appointment and compensation of counsel; guardian ad litem.’’.

SEC. 436. The amount appropriated by this Act may be increased by no more than $15,000,000 from funds identified in the 

comprehensive annual financial report as the District’s fiscal year 

2003 unexpended general fund surplus. The District may obligate 

and expend these amounts only in accordance with the following 

conditions: 

(1) The Chief Financial Officer of the District of Columbia 

shall certify that the use of any such amounts is not anticipated 

to have a negative impact on the District’s long-term financial, 

fiscal, and economic vitality. 

(2) The District of Columbia may only use these funds for 

the following expenditures: 

(A) Unanticipated one-time expenditures; 

(B) To avoid deficit spending; 

(C) Debt Reduction; 

(D) Unanticipated program needs; or 

(E) To avoid revenue shortfalls. 

(3) The amounts shall be obligated and expended in accordance with laws enacted by the Council in support of each such 

obligation or expenditure. 

(4) The amounts may not be used to fund the agencies of 

the District of Columbia government under court ordered receivership. 

(5) The amounts may be obligated and expended only if approved by the Committees on Appropriations of the House of 

Representatives and Senate in advance of any obligation or expenditure.

This division may be cited as the ‘‘District of Columbia Appropriations Act, 2004’’. 

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, 

AND RELATED PROGRAMS APPROPRIATIONS ACT, 2004

AN ACT 

Making appropriations for foreign opeations, export financing, and 

related programs for the fiscal year ending September 30, 2004, 

and for other purposes. 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, and for other purposes, namely: 

142

TITLE I—EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

The Export-Import Bank of the United States is authorized to 

make such expenditures within the limits of funds and borrowing 

authority available to such corporation, and in accordance with 

law, and to make such contracts and commitments without regard 

to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out 

the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal 

year may be used to make expenditures, contracts, or commitments 

for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of 

the Treaty on the Non-Proliferation of Nuclear Weapons eligible to 

receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this 

Act: Provided further, That notwithstanding section 1(c) of Public 

Law 103–428, as amended, sections 1(a) and (b) of Public Law 103–

428 shall remain in effect through October 1, 2004. 

ADMINISTRATIVE EXPENSES

For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger 

motor vehicles and services as authorized by 5 U.S.C. 3109, and not 

to exceed $30,000 for official reception and representation expenses 

for members of the Board of Directors, $72,895,000: Provided, That 

the Export-Import Bank may accept, and use, payment or services 

provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been 

made: Provided further, That, notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) 

thereof shall remain in effect until October 1, 2004. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

NONCREDIT ACCOUNT

The Overseas Private Investment Corporation is authorized to 

make, without regard to fiscal year limitations, as provided by 31 

U.S.C. 9104, such expenditures and commitments within the limits 

of funds available to it and in accordance with law as may be necessary: Provided, That the amount available for administrative expenses to carry out the credit and insurance programs (including an 

amount for official reception and representation expenses which 

shall not exceed $35,000) shall not exceed $41,385,000: Provided 

further, That project-specific transaction costs, including direct and 

indirect costs incurred in claims settlements, and other direct costs 

associated with services provided to specific investors or potential 

investors pursuant to section 234 of the Foreign Assistance Act of 

1961, shall not be considered administrative expenses for the purposes of this heading. 

143

PROGRAM ACCOUNT

For the cost of direct and guaranteed loans, $24,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be 

derived by transfer from the Overseas Private Investment Corporation Non-Credit Account: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974: Provided further, That such 

sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2004 and 

2005: Provided further, That such sums shall remain available 

through fiscal year 2012 for the disbursement of direct and guaranteed loans obligated in fiscal year 2004, and through fiscal year 

2013 for the disbursement of direct and guaranteed loans obligated 

in fiscal year 2005. 

In addition, such sums as may be necessary for administrative 

expenses to carry out the credit program may be derived from 

amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account. 

FUNDS APPROPRIATED TO THE PRESIDENT

TRADE AND DEVELOPMENT AGENCY

For necessary expenses to carry out the provisions of section 661 

of the Foreign Assistance Act of 1961, $50,000,000, to remain available until September 30, 2005.

TITLE II—BILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

For expenses necessary to enable the President to carry out the 

provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2004, unless otherwise specified herein, as follows: 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapters 

1 and 10 of part I of the Foreign Assistance Act of 1961, for child 

survival, health, and family planning/reproductive health activities, in addition to funds otherwise available for such purposes, 

$1,835,000,000, to remain available until September 30, 2005: Provided, That this amount shall be made available for such activities 

as: (1) immunization programs; (2) oral rehydration programs; (3) 

health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes 

other than AIDS; (5) programs for the prevention, treatment, control 

of, and research on HIV/AIDS, tuberculosis, polio, malaria, and 

other infectious diseases, and for assistance to communities severely 

affected by HIV/AIDS, including children displaced or orphaned by 

AIDS; and (6) family planning/reproductive health: Provided furVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00147 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
144

ther, That none of the funds appropriated under this heading may 

be made available for nonproject assistance, except that funds may 

be made available for such assistance for ongoing health activities: 

Provided further, That of the funds appropriated under this heading, not to exceed $250,000, in addition to funds otherwise available 

for such purposes, may be used to monitor and provide oversight of 

child survival, maternal and family planning/reproductive health, 

and infectious disease programs: Provided further, That the following amounts should be allocated as follows: $330,000,000 for 

child survival and maternal health; $28,000,000 for vulnerable children; $516,500,000 for HIV/AIDS including not less than 

$22,000,000 which should be made available to support the development of microbicides as a means for combating HIV/AIDS; 

$185,000,000 for other infectious diseases; and $375,500,000 for 

family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species: Provided further, That of the funds appropriated under this heading, 

and in addition to funds allocated under the previous proviso, not 

less than $400,000,000 shall be made available, notwithstanding 

any other provision of law, except for the United States Leadership 

Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (117 

Stat. 711; 22 U.S.C. 1701 et seq.) as amended by section 595 of this 

Act, for a United States contribution to the Global Fund to Fight 

AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’), and shall be 

expended at the minimum rate necessary to make timely payment 

for projects and activities: Provided further, That of the funds appropriated under this heading that are available for HIV/AIDS 

programs and activities, not less than $26,000,000 should be made 

available for the International AIDS Vaccine Initiative and not less 

than $26,000,000 should be made available for a United States contribution to UNAIDS: Provided further, That of the funds appropriated under this heading, $60,000,000 should be made available 

for a United States contribution to The Vaccine Fund, and up to 

$6,000,000 may be transferred to and merged with funds appropriated by this Act under the heading ‘‘Operating Expenses of the 

United States Agency for International Development’’ for costs directly related to international health, but funds made available for 

such costs may not be derived from amounts made available for 

contribution under this and preceding provisos: Provided further, 

That none of the funds made available in this Act nor any unobligated balances from prior appropriations may be made available to 

any organization or program which, as determined by the President 

of the United States, supports or participates in the management of 

a program of coercive abortion or involuntary sterilization: Provided 

further, That none of the funds made available under this Act may 

be used to pay for the performance of abortion as a method of family 

planning or to motivate or coerce any person to practice abortions: 

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

Act may be used to lobby for or against abortion: Provided further, 

That in order to reduce reliance on abortion in developing nations, 

funds shall be available only to voluntary family planning projects 

which offer, either directly or through referral to, or information 

about access to, a broad range of family planning methods and 

services, and that any such voluntary family planning project shall 

meet the following requirements: (1) service providers or referral 

145

agents in the project shall not implement or be subject to quotas, or 

other numerical targets, of total number of births, number of family 

planning acceptors, or acceptors of a particular method of family 

planning (this provision shall not be construed to include the use 

of quantitative estimates or indicators for budgeting and planning 

purposes); (2) the project shall not include payment of incentives, 

bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program 

personnel for achieving a numerical target or quota of total number 

of births, number of family planning acceptors, or acceptors of a 

particular method of family planning; (3) the project shall not deny 

any right or benefit, including the right of access to participate in 

any program of general welfare or the right of access to health care, 

as a consequence of any individual’s decision not to accept family 

planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks 

of the method chosen, including those conditions that might render 

the use of the method inadvisable and those adverse side effects 

known to be consequent to the use of the method; and (5) the project 

shall ensure that experimental contraceptive drugs and devices and 

medical procedures are provided only in the context of a scientific 

study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the Administrator of the United States Agency for International Development 

determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern 

or practice of violations of the requirements contained in paragraph 

(4) of this proviso, the Administrator shall submit to the Committees 

on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further, 

That in awarding grants for natural family planning under section 

104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant’s religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of 

the previous proviso: Provided further, That for purposes of this or 

any other Act authorizing or appropriating funds for foreign operations, export financing, and related programs, the term ‘‘motivate’’, 

as it relates to family planning assistance, shall not be construed 

to prohibit the provision, consistent with local law, of information 

or counseling about all pregnancy options: Provided further, That 

nothing in this paragraph shall be construed to alter any existing 

statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That to the maximum 

extent feasible, taking into consideration cost, timely availability, 

and best health practices, funds appropriated in this Act or prior 

appropriations Acts that are made available for condom procurement shall be made available only for the procurement of condoms 

manufactured in the United States: Provided further, That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall 

be medically accurate and shall include the public health benefits 

and failure rates of such use.

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DEVELOPMENT ASSISTANCE

For necessary expenses of the United States Agency for International Development to carry out the provisions of sections 103, 

105, 106, and 131, and chapter 10 of part I of the Foreign Assistance Act of 1961, $1,385,000,000, of which up to $150,000,000 may 

remain available until September 30, 2005: Provided, That none of 

the funds appropriated under title II of this Act that are managed 

by or allocated to the United States Agency for International Development’s Global Development Secretariat, may be made available 

except through the regular notification procedures of the Committees 

on Appropriations: Provided further, That $190,000,000 should be 

allocated for trade capacity building: Provided further, That 

$235,000,000 should be allocated for basic education: Provided further, That of the funds appropriated under this heading and managed by the United States Agency for International Development 

Bureau of Democracy, Conflict, and Humanitarian Assistance, not 

less than $11,000,000 shall be made available only for programs to 

improve women’s leadership capacity in recipient countries: Provided further, That such funds may not be made available for construction: Provided further, That of the funds appropriated under 

this heading that are made available for assistance programs for 

displaced and orphaned children and victims of war, not to exceed 

$32,500, in addition to funds otherwise available for such purposes, 

may be used to monitor and provide oversight of such programs: 

Provided further, That of the aggregate amount of the funds appropriated by this Act that are made available for agriculture and 

rural development programs, $25,000,000 should be made available 

for plant biotechnology research and development: Provided further, 

That not less than $2,300,000 should be made available for core 

support for the International Fertilizer Development Center: Provided further, That of the funds appropriated under this heading, 

not less than $19,000,000 should be made available for the American Schools and Hospitals Abroad program: Provided further, That 

of the funds appropriated under this heading, not less than 

$10,000,000, in addition to other funds available under this heading for assistance for Mexico, should be made available for programs and activities in rural Mexico to promote microfinance, small 

business development, energy and environmental conservation, and 

private property ownership in rural communities, and to support 

small farmers who have been affected by adverse economic conditions: Provided further, That funds made available pursuant to the 

previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That 

of the funds appropriated by this Act, $100,000,000 shall be made 

available for drinking water supply projects and related activities. 

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For necessary expenses of the United States Agency for International Development to carry out the provisions of section 491 of 

the Foreign Assistance Act of 1961, as amended for international 

disaster relief, rehabilitation, and reconstruction assistance, 

$235,500,000, to remain available until expended. 

In addition, for necessary expenses for assistance for famine 

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ine, $20,000,000, to remain available until expended: Provided, 

That such funds shall be made available utilizing the general authorities of section 491 of the Foreign Assistance Act of 1961, and 

shall be in addition to amounts otherwise available for such purposes: Provided further, That funds appropriated by this paragraph 

shall be available for obligation subject to prior consultation with 

the Committees on Appropriations. 

TRANSITION INITIATIVES

For necessary expenses for international disaster rehabilitation 

and reconstruction assistance pursuant to section 491 of the Foreign 

Assistance Act of 1961, $55,000,000, to remain available until expended, to support transition to democracy and to long-term development of countries in crisis: Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the 

peaceful resolution of conflict: Provided further, That the United 

States Agency for International Development shall submit a report 

to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further, That if the 

President determines that is important to the national interests of 

the United States to provide transition assistance in excess of the 

amount appropriated under this heading, up to $15,000,000 of the 

funds appropriated by this Act to carry out the provisions of part 

I of the Foreign Assistance Act of 1961 may be used for purposes 

of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made 

available pursuant to the previous proviso shall be made available 

subject to prior consultation with the Committees on Appropriations. 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans and loan guarantees provided by the 

United States Agency for International Development, as authorized 

by sections 108 and 635 of the Foreign Assistance Act of 1961, funds 

may be derived by transfer from funds appropriated by this Act to 

carry out part I of such Act and under the heading ‘‘Assistance for 

Eastern Europe and the Baltic States’’: Provided, That such funds 

shall not exceed $21,000,000, which shall be made available only 

for micro and small enterprise programs, urban programs, and 

other programs which further the purposes of part I of the Act: Provided further, That such costs, including the cost of modifying such 

direct and guaranteed loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974, as amended: Provided further, That funds made available by this paragraph may be used for 

the cost of modifying any such guaranteed loans under this Act or 

prior Acts, and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations. 

In addition, for administrative expenses to carry out credit programs administered by the United States Agency for International 

Development, $8,000,000, which may be transferred to and merged 

with the appropriation for Operating Expenses of the United States 

Agency for International Development: Provided, That funds made 

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available under this heading shall remain available until September 30, 2007. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

For payment to the ‘‘Foreign Service Retirement and Disability 

Fund’’, as authorized by the Foreign Service Act of 1980, 

$43,859,000.

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $604,100,000, of which up to 

$25,000,000 may remain available until September 30, 2005: Provided, That none of the funds appropriated under this heading and 

under the heading ‘‘Capital Investment Fund’’ may be made available to finance the construction (including architect and engineering 

services), purchase, or long term lease of offices for use by the 

United States Agency for International Development, unless the Administrator has identified such proposed construction (including architect and engineering services), purchase, or long term lease of offices in a report submitted to the Committees on Appropriations at 

least 15 days prior to the obligation of these funds for such purposes: Provided further, That the previous proviso shall not apply 

where the total cost of construction (including architect and engineering services), purchase, or long term lease of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under this heading may entail 

commitments for the expenditure of such funds through fiscal year 

2005: Provided further, That in addition not to exceed $15,000,000 

shall be derived by transfer from the ‘‘Iraq Relief and Reconstruction Fund’’ (Public Law 108–11) to support the United States Agency for International Development mission in Iraq: Provided further, 

That none of the funds in this Act may be used to open a new overseas mission of the United States Agency for International Development without the prior written notification of the Committees on Appropriations: Provided further, That the authority of sections 610 

and 109 of the Foreign Assistance Act of 1961 may be exercised by 

the Secretary of State to transfer funds appropriated to carry out 

chapter 1 of part I of such Act to ‘‘Operating Expenses of the United 

States Agency for International Development’’ in accordance with 

the provisions of those sections: Provided further, That during fiscal 

year 2004, the number of full-time equivalent positions for United 

States foreign service employees of the United States Agency for 

International Development for countries in the Latin America and 

Caribbean region shall not be reduced below the number for such 

employees for countries in that region as of September 30, 2003, except as provided through the regular notification procedures of the 

Committees on Appropriations. 

CAPITAL INVESTMENT FUND

For necessary expenses for overseas construction and related 

costs, and for the procurement and enhancement of information 

149

technology and related capital investments, pursuant to section 667 

of the Foreign Assistance Act of 1961, $82,200,000, to remain available until expended: Provided, That this amount is in addition to 

funds otherwise available for such purposes: Provided further, That 

the Administrator of the United States Agency for International Development shall assess fair and reasonable rental payments for the 

use of space by employees of other United States Government agencies in buildings constructed using funds appropriated under this 

heading, and such rental payments shall be deposited into this account as an offsetting collection: Provided further, That the rental 

payments collected pursuant to the previous proviso and deposited 

as an offsetting collection shall be available for obligation only pursuant to the regular notification procedures of the Committees on 

Appropriations: Provided further, That the assignment of United 

States Government employees or contractors to space in buildings 

constructed using funds appropriated under this heading shall be 

subject to the concurrence of the Administrator of the United States 

Agency for International Development: Provided further, That funds 

appropriated under this heading shall be available for obligation 

only pursuant to the regular notification procedures of the Committees on Appropriations. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL

For necessary expenses to carry out the provisions of section 667 

of the Foreign Assistance Act of 1961, $35,000,000, to remain available until September 30, 2005, which sum shall be available for the 

Office of the Inspector General of the United States Agency for International Development. 

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out the provisions of chapter 4 

of part II, $2,132,500,000, to remain available until September 30, 

2005: Provided, That of the funds appropriated under this heading, 

not less than $480,000,000 shall be available only for Israel, which 

sum shall be available on a grant basis as a cash transfer and shall 

be disbursed within 30 days of the enactment of this Act: Provided 

further, That not less than $575,000,000 shall be available only for 

Egypt, which sum shall be provided on a grant basis, and of which 

sum cash transfer assistance shall be provided with the understanding that Egypt will undertake significant economic reforms 

which are additional to those which were undertaken in previous 

fiscal years, and of which not less than $200,000,000 shall be provided as Commodity Import Program assistance: Provided further, 

That in exercising the authority to provide cash transfer assistance 

for Israel, the President shall ensure that the level of such assistance does not cause an adverse impact on the total level of nonmilitary exports from the United States to such country and that 

Israel enters into a side letter agreement in an amount proportional 

to the fiscal year 1999 agreement: Provided further, That of the 

funds appropriated under this heading, not less than $250,000,000 

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should be made available only for assistance for Jordan: Provided 

further, That of the funds appropriated under this heading, up to 

$1,000,000 should be used to further legal reforms in the West Bank 

and Gaza, including judicial training on commercial disputes and 

ethics: Provided further, That funds appropriated under this heading shall be made available for administrative costs of the United 

States Agency for International Development to implement regional 

programs in Asia and the Near East, including the Middle East 

Partnership Initiative, in addition to amounts otherwise available 

for such purposes: Provided further, That $13,500,000 of the funds 

appropriated under this heading shall be made available for Cyprus 

to be used only for scholarships, administrative support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus: Provided further, That $35,000,000 of the funds appropriated 

under this heading shall be made available for assistance for Lebanon, of which not less than $4,000,000 should be made available 

for American educational institutions for scholarships and other 

programs: Provided further, That notwithstanding section 534(a) of 

this Act, funds appropriated under this heading that are made 

available for assistance for the Central Government of Lebanon 

shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, not less than $22,500,000 shall be 

made available for assistance for the Democratic Republic of TimorLeste, of which up to $1,000,000 may be available for administrative expenses of the United States Agency for International Development: Provided further, That of the funds appropriated under this 

heading, not less than $1,500,000 should be made available for 

technical assistance for countries to implement and enforce the Kimberley Process Certification Scheme: Provided further, That funds 

appropriated under this heading should be made available to support the development of justice and reconciliation mechanisms in 

the Democratic Republic of the Congo, Rwanda, Burundi, and 

Uganda, including programs to improve local capacity to prevent 

and respond to gender-based violence: Provided further, That funds 

appropriated under this heading may be used, notwithstanding any 

other provision of law, to provide assistance to the National Democratic Alliance of Sudan to strengthen its ability to protect civilians 

from attacks, slave raids, and aerial bombardment by the Sudanese 

Government forces and its militia allies, and the provision of such 

funds shall be subject to the regular notification procedures of the 

Committees on Appropriations: Provided further, That in the previous proviso, the term ‘‘assistance’’ includes non-lethal, non-food 

aid such as blankets, medicine, fuel, mobile clinics, water drilling 

equipment, communications equipment to notify civilians of aerial 

bombardment, non-military vehicles, tents, and shoes: Provided further, That of the funds appropriated under this heading, not less 

than $1,750,000 should be made available for East Asia and Pacific 

Environment Initiatives: Provided further, That of the funds appropriated under this heading, $5,000,000 shall be made available to 

continue to support the provision of wheelchairs for needy persons 

in developing countries: Provided further, That funds appropriated 

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151

nancing Facility, Middle East Enterprise Fund, or any other similar 

entity in the Middle East shall be subject to the regular notification 

procedures of the Committees on Appropriations: Provided further, 

That with respect to funds appropriated under this heading in this 

Act or prior Acts making appropriations for foreign operations, export financing, and related programs, the responsibility for policy 

decisions and justifications for the use of such funds, including 

whether there will be a program for a country that uses those funds 

and the amount of each such program, shall be the responsibility 

of the Secretary of State and the Deputy Secretary of State and this 

responsibility shall not be delegated: Provided further, That of the 

funds appropriated in Public Law 108–106 under the heading ‘‘Iraq 

Relief and Reconstruction Fund’’, up to $100,000,000 may be transferred to and consolidated with funds appropriated by this Act 

under this heading and made available for Turkey, and up to 

$30,000,000 may be transferred to and consolidated with funds appropriated by this Act under this heading and made available for 

the Middle East Partnership Initiative: Provided further, That 

funds appropriated under this heading shall be made available for 

programs and countries in the amounts contained in the table accompanying the joint explanatory statement of the managers accompanying this Act: Provided further, That any proposed increases or 

decreases to the amounts contained in such table shall be subject to 

the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961 and 

notifications shall be transmitted at least 15 days in advance of the 

obligation of funds. 

INTERNATIONAL FUND FOR IRELAND

For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $18,500,000, which 

shall be available for the United States contribution to the International Fund for Ireland and shall be made available in accordance with the provisions of the Anglo-Irish Agreement Support Act 

of 1986 (Public Law 99–415): Provided, That such amount shall be 

expended at the minimum rate necessary to make timely payment 

for projects and activities: Provided further, That funds made available under this heading shall remain available until September 30, 

2005. 

GLOBAL HIV/AIDS INITIATIVE

For necessary expenses to carry out the provisions of the Foreign 

Assistance Act of 1961 for the prevention, treatment, and control of, 

and research on, HIV/AIDS, $491,000,000, to remain available 

until expended: Provided, That of the funds appropriated under this 

heading, $15,000,000 may be apportioned directly to the Peace 

Corps to remain available until expended for necessary expenses to 

carry out activities to combat HIV/AIDS, tuberculosis and malaria: 

Provided further, That of the funds appropriated under this heading, not more than $8,000,000 may be made available for administrative expenses of the office of the ‘‘Coordinator of United States 

Government Activities to Combat HIV/AIDS Globally’’ of the Department of State: Provided further, That in carrying out the duties 

specified in section 1(f)(2)(B)(ii)(VII) of the State Department Basic 

Authorities Act of 1956, the Coordinator shall ensure that assistance 

152

is provided for activities in not fewer than 15 countries, at least one 

of which shall not be in Africa or the Caribbean region: Provided 

further, That of the funds appropriated under this heading, up to 

$75,000,000 should be made available for the safe and appropriate 

use of injections and other forms of infection control and prevention, 

and for blood safety programs. 

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

(a) For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 and the Support for East European Democracy (SEED) Act of 1989, $445,000,000, to remain available 

until September 30, 2005, which shall be available, notwithstanding 

any other provision of law, for assistance and for related programs 

for Eastern Europe and the Baltic States: Provided, That of the 

funds appropriated under this heading that are made available for 

assistance for Bulgaria, $2,000,000 should be made available to enhance safety at nuclear power plants: Provided further, That of the 

funds appropriated under this heading, and under the headings 

‘‘Assistance for the Independent States of the Former Soviet Union’’, 

‘‘Foreign Military Financing Program’’, and ‘‘Economic Support 

Fund’’, not less than $53,500,000 shall be made available for programs for the prevention, treatment, and control of, and research 

on, HIV/AIDS, tuberculosis, and malaria: Provided further, That of 

the funds appropriated under this heading that are made available 

for Montenegro, not less than $12,000,000 shall be made available 

for economic development and environmental programs in the coastal region: Provided further, That of the funds appropriated under 

this heading, up to $1,000,000 should be made available for a program to promote greater understanding and interaction among 

youth in Albania, Kosovo, Montenegro and Macedonia: Provided 

further, That funds appropriated under this heading shall be made 

available for programs and countries in the amounts contained in 

the table accompanying the joint explanatory statement of the managers accompanying this Act: Provided further, That any proposed 

increases or decreases to the amounts contained in such table shall 

be subject to the regular notification procedures of the Committees 

on Appropriations and section 634A of the Foreign Assistance Act 

of 1961 and notifications shall be transmitted at least 15 days in 

advance of the obligation of funds. 

(b) Funds appropriated under this heading shall be considered 

to be economic assistance under the Foreign Assistance Act of 1961 

for purposes of making available the administrative authorities contained in that Act for the use of economic assistance. 

(c) With regard to funds appropriated under this heading for 

the economic revitalization program in Bosnia and Herzegovina, 

and local currencies generated by such funds (including the conversion of funds appropriated under this heading into currency used 

by Bosnia and Herzegovina as local currency and local currency returned or repaid under such program) the Administrator of the 

United States Agency for International Development shall provide 

written approval for grants and loans prior to the obligation and 

expenditure of funds for such purposes, and prior to the use of funds 

that have been returned or repaid to any lending facility or grantee. 

(d) The provisions of section 529 of this Act shall apply to funds 

made available under subsection (c) and to funds appropriated 

153

under this heading: Provided, That notwithstanding any provision 

of this or any other Act, including provisions in this subsection regarding the application of section 529 of this Act, local currencies 

generated by, or converted from, funds appropriated by this Act and 

by previous appropriations Acts and made available for the economic revitalization program in Bosnia may be used in Eastern Europe and the Baltic States to carry out the provisions of the Foreign 

Assistance Act of 1961 and the Support for East European Democracy (SEED) Act of 1989. 

(e) The President is authorized to withhold funds appropriated 

under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies to 

the Committees on Appropriations that the Federation of Bosnia 

and Herzegovina has not complied with article III of annex 1–A of 

the General Framework Agreement for Peace in Bosnia and 

Herzegovina concerning the withdrawal of foreign forces, and that 

intelligence cooperation on training, investigations, and related activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated. 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

(a) For necessary expenses to carry out the provisions of chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 and 

the FREEDOM Support Act, for assistance for the Independent 

States of the former Soviet Union and for related programs, 

$587,000,000, to remain available until September 30, 2005: Provided, That the provisions of such chapters shall apply to funds appropriated by this paragraph: Provided further, That of the funds 

made available for the Southern Caucasus region, notwithstanding 

any other provision of law, funds may be used for confidence-building measures and other activities in furtherance of the peaceful resolution of the regional conflicts, especially those in the vicinity of 

Abkhazia and Nagorno-Karabagh: Provided further, That of the 

funds appropriated under this heading, $1,500,000 should be available only to meet the health and other assistance needs of victims 

of trafficking in persons: Provided further, That of the funds appropriated under this heading, $17,500,000 shall be made available 

solely for assistance for the Russian Far East, of which not less 

than $3,000,000 shall be made available for programs and activities 

authorized under section 307 of the FREEDOM Support Act (Public 

Law 102–511): Provided further, That $4,000,000 shall be made 

available to promote freedom of the media and an independent 

media in Russia: Provided further, That of the funds appropriated 

under this heading, up to $500,000 should be made available to 

support democracy building programs in Russia through the 

Sakharov Archives: Provided further, That, notwithstanding any 

other provision of law, funds appropriated under this heading in 

this Act or prior Acts making appropriations for foreign operations, 

export financing, and related programs, that are made available 

pursuant to the provisions of section 807 of Public Law 102–511 

shall be subject to a 6 percent ceiling on administrative expenses. 

(b) Of the funds appropriated under this heading that are made 

available for assistance for Ukraine, not less than $19,000,000 

should be made available for nuclear reactor safety initiatives, and 

154

not less than $1,500,000 shall be made available for coal mine safety programs. 

(c) Of the funds appropriated under this heading, not less than 

$94,000,000 shall be made available for assistance for Russia. 

(d) Of the funds appropriated under this heading, not less than 

$75,000,000 shall be made available for assistance for Armenia. 

(e) Of the funds appropriated under this heading, not less than 

$57,000,000 should be made available, in addition to funds otherwise available for such purposes, for assistance for child survival, 

environmental and reproductive health, and to combat HIV/AIDS, 

tuberculosis and other infectious diseases, and for related activities. 

(f)(1) Of the funds appropriated under this heading that are allocated for assistance for the Government of the Russian Federation, 

60 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation: 

(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or 

equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and 

(B) is providing full access to international non-government 

organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya. 

(2) Paragraph (1) shall not apply to—

(A) assistance to combat infectious diseases, child survival 

activities, or assistance for victims of trafficking in persons; and 

(B) activities authorized under title V (Nonproliferation 

and Disarmament Programs and Activities) of the FREEDOM 

Support Act. 

(g) Section 907 of the FREEDOM Support Act shall not apply 

to—

(1) activities to support democracy or assistance under title 

V of the FREEDOM Support Act and section 1424 of Public 

Law 104–201 or non-proliferation assistance; 

(2) any assistance provided by the Trade and Development 

Agency under section 661 of the Foreign Assistance Act of 1961 

(22 U.S.C. 2421); 

(3) any activity carried out by a member of the United 

States and Foreign Commercial Service while acting within his 

or her official capacity; 

(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation 

under title IV of chapter 2 of part I of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2191 et seq.); 

(5) any financing provided under the Export-Import Bank 

Act of 1945; or 

(6) humanitarian assistance. 

INDEPENDENT AGENCIES

INTER-AMERICAN FOUNDATION

For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section 

155

401 of the Foreign Assistance Act of 1969, $16,334,000, to remain 

available until September 30, 2005. 

AFRICAN DEVELOPMENT FOUNDATION

For necessary expenses to carry out title V of the International 

Security and Development Cooperation Act of 1980, Public Law 96–

533, $18,689,000, to remain available until September 30, 2005: 

Provided, That funds made available to grantees may be invested 

pending expenditure for project purposes when authorized by the 

board of directors of the Foundation: Provided further, That interest 

earned shall be used only for the purposes for which the grant was 

made: Provided further, That notwithstanding section 505(a)(2) of 

the African Development Foundation Act, in exceptional circumstances the board of directors of the Foundation may waive the 

$250,000 limitation contained in that section with respect to a 

project: Provided further, That the Foundation shall provide a report to the Committees on Appropriations after each time such waiver authority is exercised. 

PEACE CORPS

For necessary expenses to carry out the provisions of the Peace 

Corps Act (75 Stat. 612), $310,000,000, including the purchase of 

not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States: Provided, That none of 

the funds appropriated under this heading shall be used to pay for 

abortions: Provided further, That funds appropriated under this 

heading shall remain available until September 30, 2005: Provided 

further, That during fiscal year 2004 and any subsequent fiscal 

year, the Director of the Peace Corps may make appointments or assignments, or extend current appointments or assignments, to permit United States citizens to serve for periods in excess of five years 

in the case of individuals whose appointment or assignment, such 

as regional safety security officers and employees within the Office 

of the Inspector General, involves the safety of Peace Corps volunteers: Provided further, That the Director of the Peace Corps may 

make such appointments or assignments notwithstanding the provisions of section 7 of the Peace Corps Act limiting the length of an 

appointment or assignment, the circumstances under which such an 

appointment or assignment may exceed 5 years, and the percentage 

of appointments or assignments that can be made in excess of 5 

years. 

MILLENNIUM CHALLENGE CORPORATION

For necessary expenses for the ‘‘Millennium Challenge Account’’, 

$650,000,000, to remain available until expended: Provided, That of 

the funds appropriated under this heading, not more than 

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

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961, $241,700,000, to remain available until September 30, 2006: Provided, That during fiscal year 2004, the DeVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00159 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
156

partment of State may also use the authority of section 608 of the 

Foreign Assistance Act of 1961, without regard to its restrictions, to 

receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country under 

chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further, 

That of the funds appropriated under this heading, $12,000,000 

should be made available for anti-trafficking in persons programs, 

including trafficking prevention, protection and assistance for victims, and prosecution of traffickers: Provided further, That the Secretary of State shall provide to the Committees on Appropriations 

not later than 45 days after the date of the enactment of this Act 

and prior to the initial obligation of funds appropriated under this 

heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, 

project, or activity: Provided further, That of the funds appropriated 

under this heading, $7,105,000 should be made available for the 

International Law Enforcement Academy in Roswell, New Mexico, 

of which $2,105,000 should be made available for construction and 

completion of a new facility: Provided further, That of the funds appropriated under this heading, not more than $26,117,000 may be 

available for administrative expenses. 

ANDEAN COUNTERDRUG INITIATIVE

For necessary expenses to carry out section 481 of the Foreign 

Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $731,000,000, to remain available until 

September 30, 2006: Provided, That in fiscal year 2004, funds available to the Department of State for assistance to the Government of 

Colombia shall be available to support a unified campaign against 

narcotics trafficking, against activities by organizations designated 

as terrorist organizations such as the Revolutionary Armed Forces 

of Colombia (FARC), the National Liberation Army (ELN), and the 

United Self-Defense Forces of Colombia (AUC), and to take actions 

to protect human health and welfare in emergency circumstances, 

including undertaking rescue operations: Provided further, That 

this authority shall cease to be effective if the Secretary of State has 

credible evidence that the Colombian Armed Forces are not conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary and guerrilla organizations: Provided further, That the 

President shall ensure that if any helicopter procured with funds 

under this heading is used to aid or abet the operations of any illegal self-defense group or illegal security cooperative, such helicopter 

shall be immediately returned to the United States: Provided further, That none of the funds appropriated by this Act may be made 

available to support a Peruvian air interdiction program until the 

Secretary of State and Director of Central Intelligence certify to the 

Congress, 30 days before any resumption of United States involvement in a Peruvian air interdiction program, that an air interdiction program that permits the ability of the Peruvian Air Force to 

shoot down aircraft will include enhanced safeguards and procedures to prevent the occurrence of any incident similar to the April 

20, 2001 incident: Provided further, That the Secretary of State, in 

consultation with the Administrator of the United States Agency for 

157

International Development, shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment 

of this Act and prior to the initial obligation of funds appropriated 

under this heading, a report on the proposed uses of all funds under 

this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That of the funds appropriated under this heading, not less than $257,000,000 shall be 

made available for alternative development/institution building, of 

which $229,200,000 shall be apportioned directly to the United 

States Agency for International Development: Provided further, 

That of the funds appropriated under this heading, not less than 

$25,000,000 should be made available for justice and rule of law 

programs in Colombia: Provided further, That of the funds appropriated under this heading, in addition to funds made available 

pursuant to the previous proviso, not less than $13,000,000 should 

be made available for organizations and programs to protect human 

rights: Provided further, That not more than 20 percent of the funds 

appropriated by this Act that are used for the procurement of chemicals for aerial coca and poppy fumigation programs may be made 

available for such programs unless the Secretary of State, after consultation with the Administrator of the Environmental Protection 

Agency (EPA), certifies to the Committees on Appropriations that: 

(1) the herbicide mixture is being used in accordance with EPA 

label requirements for comparable use in the United States and any 

additional controls recommended by the EPA for this program, and 

with the Colombian Environmental Management Plan for aerial fumigation; and (2) the herbicide mixture, in the manner it is being 

used, does not pose unreasonable risks or adverse effects to humans 

or the environment: Provided further, That such funds may not be 

made available unless the Secretary of State certifies to the Committees on Appropriations that complaints of harm to health or licit 

crops caused by such fumigation are evaluated and fair compensation is being paid for meritorious claims: Provided further, That 

such funds may not be made available for such purposes unless programs are being implemented by the United States Agency for International Development, the Government of Colombia, or other organizations, in consultation with local communities, to provide alternative sources of income in areas where security permits for smallacreage growers whose illicit crops are targeted for fumigation: Provided further, That of the funds appropriated under this heading, 

not less than $2,500,000 should be made available for continued 

training, equipment, and other assistance for the Colombian National Park Service: Provided further, That funds appropriated by 

this Act may be used for aerial fumigation in Colombia’s national 

parks or reserves if the Secretary of State determines that it is in 

accordance with Colombian laws and that there are no effective alternatives to reduce drug cultivation in these areas: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall 

not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this 

heading that is made available notwithstanding section 482(b) of 

the Foreign Assistance Act of 1961, as amended, shall be made 

available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of 

section 3204(b) through (d) of Public Law 106–246, as amended by 

158

Public Law 107–115, shall be applicable to funds appropriated for 

fiscal year 2004: Provided further, That no United States Armed 

Forces personnel or United States civilian contractor employed by 

the United States will participate in any combat operation in connection with assistance made available by this Act for Colombia: 

Provided further, That funds appropriated under this heading that 

are available for assistance for the Bolivian military and police 

should be made available for such purposes subject to a determination by the Secretary of State, and a report to the Committees on 

Appropriations, that the Bolivian military and police are respecting 

human rights and cooperating with investigations and prosecutions 

of alleged violations of human rights: Provided further, That of the 

funds appropriated under this heading, not more than $16,285,000 

may be available for administrative expenses of the Department of 

State, and not more than $4,500,000 may be available, in addition 

to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development. 

MIGRATION AND REFUGEE ASSISTANCE

For expenses, not otherwise provided for, necessary to enable the 

Secretary of State to provide, as authorized by law, a contribution 

to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organization for 

Migration and the United Nations High Commissioner for Refugees, 

and other activities to meet refugee and migration needs; salaries 

and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 

through 5925 of title 5, United States Code; purchase and hire of 

passenger motor vehicles; and services as authorized by section 3109 

of title 5, United States Code, $760,197,000, which shall remain 

available until expended: Provided, That not more than $21,000,000 

may be available for administrative expenses: Provided further, 

That not less than $50,000,000 of the funds made available under 

this heading shall be made available for refugees from the former 

Soviet Union and Eastern Europe and other refugees resettling in 

Israel: Provided further, That funds appropriated under this heading may be made available for a headquarters contribution to the 

International Committee of the Red Cross only if the Secretary of 

State determines (and so reports to the appropriate committees of 

Congress) that the Magen David Adom Society of Israel is not being 

denied participation in the activities of the International Red Cross 

and Red Crescent Movement. 

UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE

FUND

For necessary expenses to carry out the provisions of section 2(c) 

of the Migration and Refugee Assistance Act of 1962, as amended 

(22 U.S.C. 2601(c)), $30,000,000, to remain available until expended: Provided, That funds made available under this heading 

are appropriated notwithstanding the provisions contained in section 2(c)(2) of such Act which would limit the amount of funds 

which could be appropriated for this purpose. 

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NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

For necessary expenses for nonproliferation, anti-terrorism, 

demining and related programs and activities, $353,500,000, to 

carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II 

of the Foreign Assistance Act of 1961, section 504 of the FREEDOM 

Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of 

unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international 

organizations, and section 301 of the Foreign Assistance Act of 1961 

for a voluntary contribution to the International Atomic Energy 

Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed $30,000,000, to remain 

available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other 

provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That 

such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United 

States to do so: Provided further, That funds appropriated under 

this heading may be made available for the International Atomic 

Energy Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to 

participate in the activities of that Agency: Provided further, That 

funds available during fiscal year 2004 for a contribution to the 

Comprehensive Nuclear Test Ban Treaty Preparatory Commission 

and that are not necessary to make the United States contribution 

to the Commission in the amount assessed for fiscal year 2004 shall 

be made available for a voluntary contribution to the International 

Atomic Energy Agency and shall remain available until September 

30, 2005: Provided further, That of the funds made available for 

demining and related activities, not to exceed $690,000, in addition 

to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of 

the demining program: Provided further, That the Secretary of State 

is authorized to provide, from funds appropriated under this heading in this and subsequent Acts making appropriations for foreign 

operations, export financing and related programs, not to exceed 

$250,000 for public-private partnerships for mine action by grant, 

cooperative agreement, or contract: Provided further, That funds appropriated under this heading shall be made available for programs 

and countries in the amounts contained in the table accompanying 

the joint explanatory statement of the managers accompanying this 

Act: Provided further, That any proposed increases or decreases to 

the amounts contained in such table shall be subject to the regular 

notification procedures of the Committees on Appropriations and 

section 634A of the Foreign Assistance Act of 1961 and notifications 

shall be transmitted at least 15 days in advance of the obligation 

of funds. 

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DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

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

DEBT RESTRUCTURING

For the cost, as defined in section 502 of the Congressional 

Budget Act of 1974, of modifying loans and loan guarantees, as the 

President may determine, for which funds have been appropriated 

or otherwise made available for programs within the International 

Affairs Budget Function 150, including the cost of selling, reducing, 

or canceling amounts owed to the United States as a result of 

concessional loans made to eligible countries, pursuant to parts IV 

and V of the Foreign Assistance Act of 1961, and of modifying 

concessional credit agreements with least developed countries, as 

authorized under section 411 of the Agricultural Trade Development 

and Assistance Act of 1954, as amended, and concessional loans, 

guarantees and credit agreements, as authorized under section 572 

of the Foreign Operations, Export Financing, and Related Programs 

Appropriations Act, 1989 (Public Law 100–461), and of canceling 

amounts owed, as a result of loans or guarantees made pursuant to 

the Export-Import Bank Act of 1945, by countries that are eligible 

for debt reduction pursuant to title V of H.R. 3425 as enacted into 

law by section 1000(a)(5) of Public Law 106–113, $95,000,000, to remain available until September 30, 2006: Provided, That not less 

than $20,000,000 of the funds appropriated under this heading 

shall be made available to carry out the provisions of part V of the 

Foreign Assistance Act of 1961: Provided further, That $75,000,000 

of the funds appropriated under this heading may be used by the 

Secretary of the Treasury to pay to the Heavily Indebted Poor Countries (HIPC) Trust Fund administered by the International Bank for 

Reconstruction and Development amounts for the benefit of countries that are eligible for debt reduction pursuant to title V of H.R. 

3425 as enacted into law by section 1000(a)(5) of Public Law 106–

113: Provided further, That amounts paid to the HIPC Trust Fund 

may be used only to fund debt reduction under the enhanced HIPC 

initiative by—

(1) the Inter-American Development Bank; 

(2) the African Development Fund; 

(3) the African Development Bank; and 

(4) the Central American Bank for Economic Integration: 

Provided further, That funds may not be paid to the HIPC Trust 

Fund for the benefit of any country if the Secretary of State has 

credible evidence that the government of such country is engaged in 

a consistent pattern of gross violations of internationally recognized 

human rights or in military or civil conflict that undermines its 

ability to develop and implement measures to alleviate poverty and 

to devote adequate human and financial resources to that end: Provided further, That on the basis of final appropriations, the Secretary of the Treasury shall consult with the Committees on Appropriations concerning which countries and international financial institutions are expected to benefit from a United States contribution 

161

to the HIPC Trust Fund during the fiscal year: Provided further, 

That the Secretary of the Treasury shall inform the Committees on 

Appropriations not less than 15 days in advance of the signature of 

an agreement by the United States to make payments to the HIPC 

Trust Fund of amounts for such countries and institutions: Provided further, That the Secretary of the Treasury may disburse 

funds designated for debt reduction through the HIPC Trust Fund 

only for the benefit of countries that—

(1) have committed, for a period of 24 months, not to accept 

new market-rate loans from the international financial institution receiving debt repayment as a result of such disbursement, 

other than loans made by such institutions to export-oriented 

commercial projects that generate foreign exchange which are 

generally referred to as ‘‘enclave’’ loans; and 

(2) have documented and demonstrated their commitment 

to redirect their budgetary resources from international debt repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those previously available for such purposes: 

Provided further, That any limitation of subsection (e) of section 411 

of the Agricultural Trade Development and Assistance Act of 1954 

shall not apply to funds appropriated under this heading: Provided 

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

in this or any other appropriations Act shall be made available for 

Sudan or Burma unless the Secretary of the Treasury determines 

and notifies the Committees on Appropriations that a democratically elected government has taken office.

TITLE III—MILITARY ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL MILITARY EDUCATION AND TRAINING

For necessary expenses to carry out the provisions of section 541 

of the Foreign Assistance Act of 1961, $91,700,000, of which up to 

$3,000,000 may remain available until expended: Provided, That 

the civilian personnel for whom military education and training 

may be provided under this heading may include civilians who are 

not members of a government whose participation would contribute 

to improved civil-military relations, civilian control of the military, 

or respect for human rights: Provided further, That funds appropriated under this heading for military education and training for 

Guatemala may only be available for expanded international military education and training, and funds made available for Algeria, 

Cambodia, Nigeria and Guatemala may only be provided through 

the regular notification procedures of the Committees on Appropriations. 

FOREIGN MILITARY FINANCING PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for grants to enable the President to 

carry out the provisions of section 23 of the Arms Export Control 

Act, $4,294,000,000: Provided, That of the funds appropriated 

under this heading, not less than $2,160,000,000 shall be available 

162

for grants only for Israel, and not less than $1,300,000,000 shall be 

made available for grants only for Egypt: Provided further, That the 

funds appropriated by this paragraph for Israel shall be disbursed 

within 30 days of the enactment of this Act: Provided further, That 

to the extent that the Government of Israel requests that funds be 

used for such purposes, grants made available for Israel by this 

paragraph shall, as agreed by Israel and the United States, be 

available for advanced weapons systems, of which not less than 

$568,000,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated by this 

paragraph, $206,000,000 should be made available for assistance 

for Jordan: Provided further, That of the funds appropriated by this 

paragraph, $17,000,000 may be transferred to and merged with 

funds appropriated under the heading ‘‘Andean Counterdrug Initiative’’ and made available for aircraft and related assistance for the 

Colombian National Police: Provided further, That funds appropriated by this paragraph shall be nonrepayable notwithstanding 

any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph 

shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a). 

None of the funds made available under this heading shall be 

available to finance the procurement of defense articles, defense 

services, or design and construction services that are not sold by the 

United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has 

first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding 

level increases in allocations shall be submitted through the regular 

notification procedures of section 515 of this Act: Provided further, 

That none of the funds appropriated under this heading shall be 

available for assistance for Sudan, Guatemala and Liberia: Provided further, That funds made available under this heading may 

be used, notwithstanding any other provision of law, for demining, 

the clearance of unexploded ordnance, and related activities, and 

may include activities implemented through nongovernmental and 

international organizations: Provided further, That the authority 

contained in the previous proviso or any other provision of law relating to the use of funds for programs under this heading, including provisions contained in previously enacted appropriations Acts, 

shall not apply to activities relating to the clearance of unexploded 

ordnance resulting from United States Armed Forces testing or 

training exercises: Provided further, That the previous proviso shall 

not apply to San Jose Island, Republic of Panama: Provided further, That only those countries for which assistance was justified for 

the ‘‘Foreign Military Sales Financing Program’’ in the fiscal year 

1989 congressional presentation for security assistance programs 

may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction 

services that are not sold by the United States Government under 

the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate 

necessary to make timely payment for defense articles and services: 

163

Provided further, That not more than $40,500,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general 

costs of administering military assistance and sales: Provided further, That not more than $361,000,000 of funds realized pursuant 

to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2004 pursuant to section 43(b) of the Arms Export Control 

Act, except that this limitation may be exceeded only through the 

regular notification procedures of the Committees on Appropriations: Provided further, That foreign military financing program 

funds estimated to be outlayed for Egypt during fiscal year 2004 

shall be transferred to an interest bearing account for Egypt in the 

Federal Reserve Bank of New York within 30 days of enactment of 

this Act. 

PEACEKEEPING OPERATIONS

For necessary expenses to carry out the provisions of section 551 

of the Foreign Assistance Act of 1961, $74,900,000: Provided, That 

none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. 

TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE 

FUNDS APPROPRIATED TO THE PRESIDENT

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

For the United States contribution for the Global Environment 

Facility, $139,240,000 to the International Bank for Reconstruction 

and Development as trustee for the Global Environment Facility, by 

the Secretary of the Treasury, to remain available until expended. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

For payment to the International Development Association by 

the Secretary of the Treasury, $913,200,000, to remain available 

until expended: Provided, That the Secretary of the Treasury shall 

work to ensure that the World Bank provides for an independent entity, such as a private auditing firm, to conduct and make publicly 

available an external performance audit which verifies whether the 

IDA–13 Spring 2004 performance targets have been met: Provided 

further, That any further incentive contribution for additional contributions for IDA–13 regarding such targets shall be made only 

after the Secretary of the Treasury has reviewed and considered 

carefully the findings of any such independent external audit. 

CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE

AGENCY

For payment to the Multilateral Investment Guarantee Agency 

by the Secretary of the Treasury, $1,124,000, for the United States 

paid-in share of the increase in capital stock, to remain available 

until expended. 

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LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the Multilateral Investment 

Guarantee Agency may subscribe without fiscal year limitation for 

the callable capital portion of the United States share of such capital stock in an amount not to exceed $4,475,203. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United 

States contribution to the fund, $25,000,000, to remain available 

until expended. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the Asian Development 

Fund, as authorized by the Asian Development Bank Act, as amended, $144,421,000, to remain available until expended. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

For payment to the African Development Bank by the Secretary 

of the Treasury, $5,104,930, for the United States paid-in share of 

the increase in capital stock, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the African Development Bank 

may subscribe without fiscal year limitation for the callable capital 

portion of the United States share of such capital stock in an 

amount not to exceed $79,609,817. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

For the United States contribution by the Secretary of the 

Treasury to the increase in resources of the African Development 

Fund, $112,725,000, to remain available until expended. 

CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND

DEVELOPMENT

For payment to the European Bank for Reconstruction and Development by the Secretary of the Treasury, $35,431,111 for the 

United States share of the paid-in portion of the increase in capital 

stock, to remain available until expended. 

LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

The United States Governor of the European Bank for Reconstruction and Development may subscribe without fiscal year limitation to the callable capital portion of the United States share of such 

capital stock in an amount not to exceed $122,085,497. 

CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL

DEVELOPMENT

For the United States contribution by the Secretary of the 

Treasury to increase the resources of the International Fund for AgVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00168 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
165

ricultural Development, $15,004,042, to remain available until expended. 

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

For necessary expenses to carry out the provisions of section 301 

of the Foreign Assistance Act of 1961, and of section 2 of the United 

Nations Environment Program Participation Act of 1973, 

$321,650,000: Provided, That none of the funds appropriated under 

this heading may be made available to the International Atomic Energy Agency (IAEA): Provided further, That funds appropriated 

under this heading shall be made available for programs and countries in the amounts contained in the table accompanying the joint 

explanatory statement of the managers accompanying this Act: Provided further, That any proposed increases or decreases to the 

amounts contained in such table shall be subject to the regular notification procedures of the Committees on Appropriations and section 

634A of the Foreign Assistance Act of 1961 and notifications shall 

be transmitted at least 15 days in advance of the obligation of 

funds. 

TITLE V—GENERAL PROVISIONS 

COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO

INTERNATIONAL FINANCIAL INSTITUTIONS

SEC. 501. (a) No funds appropriated by this Act may be made 

as payment to any international financial institution while the 

United States Executive Director to such institution is compensated 

by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the 

rate provided for an individual occupying a position at level IV of 

the Executive Schedule under section 5315 of title 5, United States 

Code, or while any alternate United States Director to such institution is compensated by the institution at a rate in excess of the rate 

provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. 

(b) For purposes of this section, ‘‘international financial institutions’’ are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development 

Bank, the African Development Fund, the International Monetary 

Fund, the North American Development Bank, and the European 

Bank for Reconstruction and Development. 

PRIVATE AND VOLUNTARY ORGANIZATIONS

SEC. 502. None of the funds appropriated or otherwise made 

available by this Act for development assistance may be made available to any United States private and voluntary organization, except 

any cooperative development organization, which obtains less than 

20 percent of its total annual funding for international activities 

from sources other than the United States Government: Provided, 

That the Administrator of the United States Agency for International Development, after informing the Committees on Appropriations, may, on a case-by-case basis, waive the restriction contained in this subsection, after taking into account the effectiveness 

166

of the overseas development activities of the organization, its level 

of volunteer support, its financial viability and stability, and the degree of its dependence for its financial support on the agency. 

LIMITATION ON RESIDENCE EXPENSES

SEC. 503. Of the funds appropriated or made available pursuant to this Act, not to exceed $100,500 shall be for official residence 

expenses of the United States Agency for International Development 

during the current fiscal year: Provided, That appropriate steps 

shall be taken to assure that, to the maximum extent possible, 

United States-owned foreign currencies are utilized in lieu of dollars. 

LIMITATION ON EXPENSES

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

during the current fiscal year. 

LIMITATION ON REPRESENTATIONAL ALLOWANCES

SEC. 505. Of the funds appropriated or made available pursuant to this Act, not to exceed $125,000 shall be available for representation allowances for the United States Agency for International Development during the current fiscal year: Provided, That 

appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in 

lieu of dollars: Provided further, That of the funds made available 

by this Act for general costs of administering military assistance 

and sales under the heading ‘‘Foreign Military Financing Program’’, 

not to exceed $2,000 shall be available for entertainment expenses 

and not to exceed $125,000 shall be available for representation allowances: Provided further, That of the funds made available by 

this Act under the heading ‘‘International Military Education and 

Training’’, not to exceed $50,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this Act for the Inter-American Foundation, not to exceed 

$2,000 shall be available for entertainment and representation allowances: Provided further, That of the funds made available by 

this Act for the Peace Corps, not to exceed a total of $4,000 shall 

be available for entertainment expenses: Provided further, That of 

the funds made available by this Act under the heading ‘‘Trade and 

Development Agency’’, not to exceed $2,000 shall be available for 

representation and entertainment allowances: Provided further, 

That of the funds made available by this Act under the heading 

‘‘Millennium Challenge Corporation’’, not to exceed $130,000 shall 

be available for representation and entertainment allowances. 

PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE

SEC. 506. (a) PROHIBITION ON TAXATION.—None of the funds 

appropriated by this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to 

be provided unless such agreement includes a provision stating that 

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167

ation, or reimbursed, by the foreign government, and the Secretary 

of State shall expeditiously seek to negotiate amendments to existing 

bilateral agreements, as necessary, to conform with this requirement. 

(b) REIMBURSEMENT OF FOREIGN TAXES.—An amount equivalent to 200 percent of the total taxes assessed during fiscal year 

2004 on funds appropriated by this Act by a foreign government or 

entity against commodities financed under United States assistance 

programs for which funds are appropriated by this Act, either directly or through grantees, contractors and subcontractors shall be 

withheld from obligation from funds appropriated for assistance for 

fiscal year 2005 and allocated for the central government of such 

country and for the West Bank and Gaza Program to the extent that 

the Secretary of State certifies and reports in writing to the Committees on Appropriations that such taxes have not been reimbursed to 

the Government of the United States. 

(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). 

(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be 

reprogrammed for assistance to countries which do not assess taxes 

on United States assistance or which have an effective arrangement 

that is providing substantial reimbursement of such taxes. 

(e) DETERMINATIONS.—

(1) The provisions of this section shall not apply to any 

country or entity the Secretary of State determines—

(A) does not assess taxes on United States assistance or 

which has an effective arrangement that is providing substantial reimbursement of such taxes; or 

(B) the foreign policy interests of the United States outweigh the policy of this section to ensure that United States 

assistance is not subject to taxation. 

(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the 

authority of this subsection with regard to any country or entity. 

(f) IMPLEMENTATION.—The Secretary of State shall issue rules, 

regulations, or policy guidance, as appropriate, to implement the 

prohibition against the taxation of assistance contained in this section. 

(g) DEFINITIONS.—As used in this section—

(1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to value added 

taxes and customs duties imposed on commodities financed 

with United States assistance for programs for which funds are 

appropriated by this Act; and 

(2) the term ‘‘bilateral agreement’’ refers to a framework bilateral agreement between the Government of the United States 

and the government of the country receiving assistance that describes the privileges and immunities applicable to United 

States foreign assistance for such country generally, or an individual agreement between the Government of the United States 

and such government that describes, among other things, the 

treatment for tax purposes that will be accorded the United 

States assistance provided under that agreement. 

168

(h) RELATIONSHIP TO PRIOR LAW.—Section 579 of Division E of 

Public Law 108–7 shall be deemed to have been amended by subsection (f) of this section and the modifications made by this section 

to comparable provisions contained in section 579. 

PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES

SEC. 507. None of the funds appropriated or otherwise made 

available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, Libya, North 

Korea, Iran, or Syria: Provided, That for purposes of this section, 

the prohibition on obligations or expenditures shall include direct 

loans, credits, insurance and guarantees of the Export-Import Bank 

or its agents. 

MILITARY COUPS

SEC. 508. None of the funds appropriated or otherwise made 

available pursuant to this Act shall be obligated or expended to finance directly any assistance to the government of any country 

whose duly elected head of government is deposed by decree or military coup: Provided, That assistance may be resumed to such government if the President determines and certifies to the Committees 

on Appropriations that subsequent to the termination of assistance 

a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance 

to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations. 

TRANSFERS

SEC. 509. (a)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES.—None of the funds made available by this Act may be transferred to any department, agency, or instrumentality of the United 

States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.

(2) Notwithstanding paragraph (1), in addition to transfers 

made by, or authorized elsewhere in, this Act, funds appropriated 

by this Act to carry out the purposes of the Foreign Assistance Act 

of 1961 may be allocated or transferred to agencies of the United 

States Government pursuant to the provisions of sections 109, 610, 

and 632 of the Foreign Assistance Act of 1961. 

(b) TRANSFERS BETWEEN ACCOUNTS.—None of the funds made 

available by this Act may be obligated under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 

five days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations of the House of Representatives and the Senate. 

(c) AUDIT OF INTER-AGENCY TRANSFERS.—Any agreement for 

the transfer or allocation of funds appropriated by this Act, or prior 

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ance Act of 1961 or any comparable provision of law, shall expressly 

provide that the Office of the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred under such authority may be made 

available for the cost of such audits. 

COMMERCIAL LEASING OF DEFENSE ARTICLES

SEC. 510. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt and 

NATO and major non-NATO allies for the procurement by leasing 

(including leasing with an option to purchase) of defense articles 

from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft 

having possible civilian application), if the President determines 

that there are compelling foreign policy or national security reasons 

for those defense articles being provided by commercial lease rather 

than by government-to-government sale under such Act. 

AVAILABILITY OF FUNDS

SEC. 511. No part of any appropriation contained in this Act 

shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, 

That funds appropriated for the purposes of chapters 1, 8, 11, and 

12 of part I, section 667, chapter 4 of part II of the Foreign Assistance Act of 1961, as amended, section 23 of the Arms Export Control Act, and funds provided under the heading ‘‘Assistance for 

Eastern Europe and the Baltic States’’, shall remain available for 

an additional four years from the date on which the availability of 

such funds would otherwise have expired, if such funds are initially 

obligated before the expiration of their respective periods of availability contained in this Act: Provided further, That, notwithstanding any other provision of this Act, any funds made available 

for the purposes of chapter 1 of part I and chapter 4 of part II of 

the Foreign Assistance Act of 1961 which are allocated or obligated 

for cash disbursements in order to address balance of payments or 

economic policy reform objectives, shall remain available until expended. 

LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

SEC. 512. No part of any appropriation contained in this Act 

shall be used to furnish assistance to the government of any country 

which is in default during a period in excess of one calendar year 

in payment to the United States of principal or interest on any loan 

made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act 

unless the President determines, following consultations with the 

Committees on Appropriations, that assistance to such country is in 

the national interest of the United States. 

170

COMMERCE AND TRADE

SEC. 513. (a) None of the funds appropriated or made available 

pursuant to this Act for direct assistance and none of the funds otherwise made available pursuant to this Act to the Export-Import 

Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other 

financial commitments for establishing or expanding production of 

any commodity for export by any country other than the United 

States, if the commodity is likely to be in surplus on world markets 

at the time the resulting productive capacity is expected to become 

operative and if the assistance will cause substantial injury to 

United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the 

benefits to industry and employment in the United States are likely 

to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations. 

(b) None of the funds appropriated by this or any other Act to 

carry out chapter 1 of part I of the Foreign Assistance Act of 1961 

shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in 

a foreign country of an agricultural commodity for export which 

would compete with a similar commodity grown or produced in the 

United States: Provided, That this subsection shall not prohibit—

(1) activities designed to increase food security in developing countries where such activities will not have a significant 

impact on the export of agricultural commodities of the United 

States; or 

(2) research activities intended primarily to benefit American producers. 

SURPLUS COMMODITIES

SEC. 514. The Secretary of the Treasury shall instruct the 

United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American 

Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the 

North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the 

African Development Fund to use the voice and vote of the United 

States to oppose any assistance by these institutions, using funds 

appropriated or made available pursuant to this Act, for the production or extraction of any commodity or mineral for export, if it is 

in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or 

competing commodity. 

NOTIFICATION REQUIREMENTS

SEC. 515. For the purposes of providing the executive branch 

with the necessary administrative flexibility, none of the funds made 

available under this Act for ‘‘Child Survival and Health Programs 

171

Fund’’, ‘‘Development Assistance’’, ‘‘International Organizations and 

Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean Counterdrug Initiative’’, ‘‘Assistance for Eastern Europe and the Baltic States’’, ‘‘Assistance for the Independent States of the Former Soviet Union’’, ‘‘Economic Support Fund’’, ‘‘Global HIV/AIDS Initiative’’, ‘‘Peacekeeping 

Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Expenses of the 

United States Agency for International Development’’, ‘‘Operating 

Expenses of the United States Agency for International Development 

Office of Inspector General’’, ‘‘Nonproliferation, Anti-terrorism, 

Demining and Related Programs’’, ‘‘Millennium Challenge Corporation’’ (by country only), ‘‘Foreign Military Financing Program’’, 

‘‘International Military Education and Training’’, ‘‘Peace Corps’’, 

and ‘‘Migration and Refugee Assistance’’, shall be available for obligation for activities, programs, projects, type of materiel assistance, 

countries, or other operations not justified or in excess of the amount 

justified to the Committees on Appropriations for obligation under 

any of these specific headings unless the Committees on Appropriations of both Houses of Congress are previously notified 15 days in 

advance: Provided, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the 

Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense 

items defined to be aircraft, ships, missiles, or combat vehicles, not 

previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations 

are notified 15 days in advance of such commitment: Provided further, That this section shall not apply to any reprogramming for an 

activity, program, or project for which funds are appropriated under 

title II of this Act of less than 10 percent of the amount previously 

justified to the Congress for obligation for such activity, program, 

or project for the current fiscal year: Provided further, That the requirements of this section or any similar provision of this Act or any 

other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on 

Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided further, That in 

case of any such waiver, notification to the Congress, or the appropriate congressional committees, shall be provided as early as practicable, but in no event later than 3 days after taking the action to 

which such notification requirement was applicable, in the context 

of the circumstances necessitating such waiver: Provided further, 

That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. 

LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL

ORGANIZATIONS AND PROGRAMS

SEC. 516. Subject to the regular notification procedures of the 

Committees on Appropriations, funds appropriated under this Act 

or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2005. 

172

INDEPENDENT STATES OF THE FORMER SOVIET UNION

SEC. 517. (a) None of the funds appropriated under the heading 

‘‘Assistance for the Independent States of the Former Soviet Union’’ 

shall be made available for assistance for a government of an Independent State of the former Soviet Union—

(1) unless that government is making progress in implementing comprehensive economic reforms based on market principles, private ownership, respect for commercial contracts, and 

equitable treatment of foreign private investment; and 

(2) if that government applies or transfers United States assistance to any entity for the purpose of expropriating or seizing 

ownership or control of assets, investments, or ventures.

Assistance may be furnished without regard to this subsection if the 

President determines that to do so is in the national interest. 

(b) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall 

be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs 

any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, 

such as those violations included in the Helsinki Final Act: Provided, That such funds may be made available without regard to 

the restriction in this subsection if the President determines that to 

do so is in the national security interest of the United States. 

(c) None of the funds appropriated under the heading ‘‘Assistance for the Independent States of the Former Soviet Union’’ shall 

be made available for any state to enhance its military capability: 

Provided, That this restriction does not apply to demilitarization, 

demining or nonproliferation programs. 

(d) Funds appropriated under the heading ‘‘Assistance for the 

Independent States of the Former Soviet Union’’ for the Russian 

Federation, Armenia, Georgia, and Ukraine shall be subject to the 

regular notification procedures of the Committees on Appropriations. 

(e) Funds made available in this Act for assistance for the Independent States of the former Soviet Union shall be subject to the 

provisions of section 117 (relating to environment and natural resources) of the Foreign Assistance Act of 1961. 

(f) Funds made available for Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for 

projects and activities. 

(g) In issuing new task orders, entering into contracts, or making grants, with funds appropriated in this Act or prior appropriations Acts under the heading ‘‘Assistance for the Independent States 

of the Former Soviet Union’’ and under comparable headings in 

prior appropriations Acts, for projects or activities that have as one 

of their primary purposes the fostering of private sector development, the Coordinator for United States Assistance to the New Independent States and the implementing agency shall encourage the 

participation of and give significant weight to contractors and 

grantees who propose investing a significant amount of their own 

resources (including volunteer services and in-kind contributions) in 

such projects and activities. 

173

PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY

STERILIZATION

SEC. 518. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be used 

to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None 

of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or 

to coerce or provide any financial incentive to any person to undergo 

sterilizations. None of the funds made available to carry out part 

I of the Foreign Assistance Act of 1961, as amended, may be used 

to pay for any biomedical research which relates in whole or in 

part, to methods of, or the performance of, abortions or involuntary 

sterilization as a means of family planning. None of the funds made 

available to carry out part I of the Foreign Assistance Act of 1961, 

as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any 

such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. 

EXPORT FINANCING TRANSFER AUTHORITIES

SEC. 519. Not to exceed 5 percent of any appropriation other 

than for administrative expenses made available for fiscal year 

2004, for programs under title I of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account 

may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any 

such transfer: Provided, That the exercise of such authority shall be 

subject to the regular notification procedures of the Committees on 

Appropriations. 

SPECIAL NOTIFICATION REQUIREMENTS

SEC. 520. None of the funds appropriated by this Act shall be 

obligated or expended for Liberia, Serbia, Sudan, Zimbabwe, Pakistan, Cambodia, or the Democratic Republic of the Congo except as 

provided through the regular notification procedures of the Committees on Appropriations. 

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

SEC. 521. For the purpose of this Act, ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and 

shall include all appropriations and authorizations Acts earmarks, 

ceilings, and limitations with the exception that for the following accounts: Economic Support Fund and Foreign Military Financing 

Program, ‘‘program, project, and activity’’ shall also be considered 

to include country, regional, and central program level funding 

within each such account; for the development assistance accounts 

of the United States Agency for International Development ‘‘program, project, and activity’’ shall also be considered to include central, country, regional, and program level funding, either as: (1) justified to the Congress; or (2) allocated by the executive branch in accordance with a report, to be provided to the Committees on ApproVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00177 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
174

priations within 30 days of the enactment of this Act, as required 

by section 653(a) of the Foreign Assistance Act of 1961. 

CHILD SURVIVAL AND HEALTH ACTIVITIES

SEC. 522. Up to $13,500,000 of the funds made available by 

this Act for assistance under the heading ‘‘Child Survival and 

Health Programs Fund’’, may be used to reimburse United States 

Government agencies, agencies of State governments, institutions of 

higher learning, and private and voluntary organizations for the 

full cost of individuals (including for the personal services of such 

individuals) detailed or assigned to, or contracted by, as the case 

may be, the United States Agency for International Development for 

the purpose of carrying out activities under that heading: Provided, 

That up to $3,500,000 of the funds made available by this Act for 

assistance under the heading ‘‘Development Assistance’’ may be used 

to reimburse such agencies, institutions, and organizations for such 

costs of such individuals carrying out other development assistance 

activities: Provided further, That funds appropriated by titles II and 

III of this Act that are made available for bilateral assistance for 

child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, 

HIV/AIDS may be made available notwithstanding any other provision of law except for the provisions under the heading ‘‘Child 

Survival and Health Programs Fund’’ and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 

(117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by section 595 

of this Act: Provided further, That of the funds appropriated under 

title II of this Act, not less than $432,000,000 shall be made available for family planning/reproductive health. 

AFGHANISTAN

SEC. 523. Of the funds appropriated by this Act, $405,000,000 

shall be made available for humanitarian and reconstruction assistance for Afghanistan: Provided, That of the funds made available 

pursuant to this section, not less than $75,000,000 should be from 

funds appropriated under the heading ‘‘Economic Support Fund’’: 

Provided further, That of the funds made available pursuant to this 

section, not less than $2,000,000 should be made available for reforestation activities: Provided further, That funds made available 

pursuant to the previous proviso should be matched, to the maximum extent possible, with contributions from American and Afghan businesses: Provided further, That of the funds made available pursuant to this section, not less than $2,000,000 should be 

made available for the Afghan Judicial Reform Commission: Provided further, That of the funds made available pursuant to this 

section, not less than $5,000,000 should be made available to support programs to address the needs of Afghan women through training and equipment to improve the capacity of women-led Afghan 

nongovernmental organizations and to support the activities of such 

organizations: Provided further, That not less than $2,000,000 

should be made available for assistance for Afghan communities 

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

175

NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

SEC. 524. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act 

of 1961, the Department of Defense shall notify the Committees on 

Appropriations to the same extent and under the same conditions as 

are other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense 

shall notify the Committees on Appropriations in accordance with 

the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms 

of original acquisition cost) at $7,000,000 or more, or if notification 

is required elsewhere in this Act for the use of appropriated funds 

for specific countries that would receive such excess defense articles: 

Provided further, That such Committees shall also be informed of 

the original acquisition cost of such defense articles. 

USAID OVERSEAS PROGRAM

SEC. 525. Funds appropriated by this and subsequent appropriations Acts to carry out the provisions of Part I of the Foreign 

Assistance Act of 1961, including funds appropriated under the 

heading ‘‘Assistance for Eastern Europe and the Baltic States’’, may 

be made available to employ individuals overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 

of the Foreign Service Act of 1980: Provided, That in fiscal years 

2004, 2005, and 2006 the authority of this section may be used to 

hire not more than 85 individuals in each such year. 

DEMOCRACY PROGRAMS

SEC. 526. (a) Notwithstanding any other provision of law, of the 

funds appropriated by this Act to carry out the provisions of chapter 

4 of part II of the Foreign Assistance Act of 1961, not less than 

$13,500,000 shall be made available for assistance for activities to 

support democracy, human rights, and the rule of law in the People’s Republic of China and Hong Kong: Provided, That funds appropriated under the heading ‘‘Economic Support Fund’’ should be 

made available for assistance for Taiwan for the purposes of furthering political and legal reforms: Provided further, That such 

funds shall only be made available to the extent that they are 

matched from sources other than the United States Government: 

Provided further, That funds made available pursuant to the authority of this subsection shall be subject to the regular notification 

procedures of the Committees on Appropriations. 

(b)(1) In addition to the funds made available in subsection (a), 

of the funds appropriated by this Act under the heading ‘‘Economic 

Support Fund’’ not less than $11,500,000 shall be made available 

for programs and activities to foster democracy, human rights, civic 

education, women’s development, press freedom, and the rule of law 

in countries with a significant Muslim population, and where such 

programs and activities would be important to United States efforts 

to respond to, deter, or prevent acts of international terrorism: Provided, That funds made available pursuant to the authority of this 

subsection should support new initiatives or bolster ongoing proVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00179 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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grams and activities in those countries: Provided further, That not 

less than $3,000,000 of such funds shall be made available for programs and activities that provide professional training for journalists: Provided further, That of the funds appropriated under this 

heading, in addition to other amounts made available for Egypt in 

this Act, funds shall be made available to support civil society organizations working for democracy in Egypt: Provided further, That 

notwithstanding any other provision of law, not to exceed 

$1,500,000 of such funds may be used for making grants to educational, humanitarian and nongovernmental organizations and individuals inside Iran to support the advancement of democracy and 

human rights in Iran: Provided further, That funds made available 

pursuant to this subsection shall be subject to the regular notification procedures of the Committees on Appropriations. 

(2) In addition to funds made available under subsections (a) 

and (b)(1), of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ not less than $3,000,000 shall be made 

available for programs and activities of the National Endowment 

for Democracy to foster democracy, human rights, civic education, 

women’s development, press freedom, and the rule of law in countries in sub-Saharan Africa. 

(c) Of the funds made available under subsection (a), not less 

than $10,500,000 shall be made available for the Human Rights 

and Democracy Fund of the Bureau of Democracy, Human Rights 

and Labor, Department of State, to support the activities described 

in subsection (a), and of the funds made available under subsection 

(b), not less than $7,000,000 shall be made available for such Fund 

to support the activities described in subsection (b): Provided, That 

the total amount of funds made available by this Act under ‘‘Economic Support Fund’’ for activities of the Bureau of Democracy, 

Human Rights and Labor, Department of State, including funds 

available in this section, shall be not less than $34,500,000. 

(d) Of the funds made available under subsection (a), not less than $3,000,000 shall be made available for the National Endowment for Democracy to support the activities described in subsection 

(a), and of the funds made available under subsection (b), not less 

than $3,500,000 shall be made available for the National Endowment for Democracy to support the activities described in subsection 

(b): Provided, That the Secretary of State shall provide a report to 

the Committees on Appropriations within 120 days of the date of enactment of this Act on the status of the allocation, obligation, and 

expenditure of such funds. 

PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

SEC. 527. (a) Funds appropriated for bilateral assistance under 

any heading of this Act and funds appropriated under any such 

heading in a provision of law enacted prior to the enactment of this 

Act, shall not be made available to any country which the President 

determines—

(1) grants sanctuary from prosecution to any individual or 

group which has committed an act of international terrorism; 

or 

(2) otherwise supports international terrorism. 

(b) The President may waive the application of subsection (a) to 

a country if the President determines that national security or huVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00180 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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manitarian reasons justify such waiver. The President shall publish 

each waiver in the Federal Register and, at least 15 days before the 

waiver takes effect, shall notify the Committees on Appropriations 

of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on 

Appropriations.

DEBT-FOR-DEVELOPMENT

SEC. 528. In order to enhance the continued participation of 

nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a 

grantee or contractor of the United States Agency for International 

Development may place in interest bearing accounts local currencies 

which accrue to that organization as a result of economic assistance 

provided under title II of this Act and any interest earned on such 

investment shall be used for the purpose for which the assistance 

was provided to that organization. 

SEPARATE ACCOUNTS

SEC. 529. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—

(1) If assistance is furnished to the government of a foreign country 

under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the 

generation of local currencies of that country, the Administrator of 

the United States Agency for International Development shall—

(A) require that local currencies be deposited in a separate 

account established by that government; 

(B) enter into an agreement with that government which 

sets forth—

(i) the amount of the local currencies to be generated; 

and 

(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this 

section; and 

(C) establish by agreement with that government the responsibilities of the United States Agency for International Development and that government to monitor and account for deposits into and disbursements from the separate account. 

(2) USES OF LOCAL CURRENCIES.—As may be agreed upon with 

the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local 

currencies, shall be used only—

(A) to carry out chapter 1 or 10 of part I or chapter 4 of 

part II (as the case may be), for such purposes as—

(i) project and sector assistance activities; or 

(ii) debt and deficit financing; or 

(B) for the administrative requirements of the United States 

Government. 

(3) PROGRAMMING ACCOUNTABILITY.—The United States Agency 

for International Development shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant 

to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). 

178

(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination 

of assistance to a country under chapter 1 or 10 of part I or chapter 

4 of part II (as the case may be), any unencumbered balances of 

funds which remain in a separate account established pursuant to 

subsection (a) shall be disposed of for such purposes as may be 

agreed to by the government of that country and the United States 

Government. 

(5) REPORTING REQUIREMENT.—The Administrator of the 

United States Agency for International Development shall report on 

an annual basis as part of the justification documents submitted to 

the Committees on Appropriations on the use of local currencies for 

the administrative requirements of the United States Government as 

authorized in subsection (a)(2)(B), and such report shall include the 

amount of local currency (and United States dollar equivalent) used 

and/or to be used for such purpose in each applicable country. 

(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—(1) If assistance is made available to the government of a foreign country, 

under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign 

Assistance Act of 1961, as cash transfer assistance or as nonproject 

sector assistance, that country shall be required to maintain such 

funds in a separate account and not commingle them with any other 

funds. 

(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such funds 

may be obligated and expended notwithstanding provisions of law 

which are inconsistent with the nature of this assistance including 

provisions which are referenced in the Joint Explanatory Statement 

of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). 

(3) NOTIFICATION.—At least 15 days prior to obligating any 

such cash transfer or nonproject sector assistance, the President 

shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a 

detailed description of how the funds proposed to be made available 

will be used, with a discussion of the United States interests that 

will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by 

such assistance). 

(4) EXEMPTION.—Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the notification procedures of the Committees on Appropriations.

ENTERPRISE FUND RESTRICTIONS

SEC. 530. Prior to the distribution of any assets resulting from 

any liquidation, dissolution, or winding up of an Enterprise Fund, 

in whole or in part, the President shall submit to the Committees 

on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund. 

BURMA

SEC. 531. (a) The Secretary of the Treasury shall instruct the 

United States executive director to each appropriate international financial institution in which the United States participates, to oppose and vote against the extension by such institution of any loan 

179

or financial or technical assistance or any other utilization of funds 

of the respective bank to and for Burma. 

(b) Of the funds appropriated under the heading ‘‘Economic Support Fund’’, not less than $13,000,000 shall be made available 

to support democracy activities in Burma, along the Burma-Thailand border, for activities of Burmese student groups and other organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma’s borders: Provided, That of this amount 

$500,000 should be made available to support newspapers, publications, and other media activities promoting democracy inside 

Burma: Provided further, That funds made available under this 

heading may be made available notwithstanding any other provision of law: Provided further, That $5,000,000 shall be allocated to 

the United States Agency for International Development for humanitarian assistance for displaced Burmese and host communities in 

Thailand: Provided further, That not more than 60 days after enactment of this Act, the Secretary of State, in consultation with the 

Administrator of the United States Agency for International Development, shall submit a report to the Committees on Appropriations 

describing the amount and rate of disbursement of fiscal years 2002 

and 2003 funding for HIV/AIDS programs and activities in 

Burma, the estimated amount of funds expended by the State Peace 

and Development Council (SPDC) on HIV/AIDS programs and activities in calendar years 2001, 2002, and 2003, and the extent to 

which international nongovernmental organizations are able to conduct HIV/AIDS programs throughout Burma, including the ability 

of expatriate staff to freely travel through the country and to conduct programmatic oversight independent of SPDC handling and 

monitoring: Provided further, That funds made available by this 

section shall be subject to the regular notification procedures of the 

Committees on Appropriations. 

(c) It is the sense of the Congress that the United Nations Security Council should debate and consider sanctions against Burma 

as a result of the threat to regional stability and peace posed by the 

repressive and illegitimate rule of the State Peace and Development 

Council. 

AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION

AND AFRICAN DEVELOPMENT FOUNDATION

SEC. 532. Unless expressly provided to the contrary, provisions 

of this or any other Act, including provisions contained in prior Acts 

authorizing or making appropriations for foreign operations, export 

financing, and related programs, shall not be construed to prohibit 

activities authorized by or conducted under the Peace Corps Act, the 

Inter-American Foundation Act or the African Development Foundation Act. The agency shall promptly report to the Committees on Appropriations whenever it is conducting activities or is proposing to 

conduct activities in a country for which assistance is prohibited. 

IMPACT ON JOBS IN THE UNITED STATES

SEC. 533. None of the funds appropriated by this Act may be 

obligated or expended to provide—

(a) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing 

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such an enterprise to relocate outside the United States if such 

incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because 

United States production is being replaced by such enterprise 

outside the United States; or 

(b) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers 

rights, as defined in section 507(4) of the Trade Act of 1974, of 

workers in the recipient country, including any designated zone 

or area in that country: Provided, That the application of section 507(4) (D) and (E) of such Act should be commensurate 

with the level of development of the recipient country and sector, 

and shall not preclude assistance for the informal sector in such 

country, micro and small-scale enterprise, and smallholder agriculture. 

SPECIAL AUTHORITIES

SEC. 534. (a) AFGHANISTAN, PAKISTAN, LEBANON, MONTE- NEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED

BURMESE.—Funds appropriated by this Act that are made available 

for assistance for Afghanistan may be made available notwithstanding section 512 of this Act or any similar provision of law and 

section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles I and II of this Act that are made available for Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in 

persons and, subject to the regular notification procedures of the 

Committees on Appropriations, to combat such trafficking, may be 

made available notwithstanding any other provision of law. 

(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION ACTIVITIES.—Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the 

Foreign Assistance Act of 1961 may be used, notwithstanding any 

other provision of law, for the purpose of supporting tropical forestry 

and biodiversity conservation activities and energy programs aimed 

at reducing greenhouse gas emissions: Provided, That such assistance shall be subject to sections 116, 502B, and 620A of the Foreign 

Assistance Act of 1961. 

(c) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by 

this Act to carry out chapter 1 of part I, chapter 4 of part II, and 

section 667 of the Foreign Assistance Act of 1961, and title II of the 

Agricultural Trade Development and Assistance Act of 1954, may be 

used by the United States Agency for International Development to 

employ up to 25 personal services contractors in the United States, 

notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct 

hire personnel are hired and trained: Provided, That not more than 

10 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of 

the Agricultural Trade Development and Assistance Act of 1954, 

may be made available only for personal services contractors assigned to the Office of Food for Peace. 

(d)(1) WAIVER.—The President may waive the provisions of section 1003 of Public Law 100–204 if the President determines and 

181

certifies in writing to the Speaker of the House of Representatives 

and the President pro tempore of the Senate that it is important to 

the national security interests of the United States. 

(2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to paragraph (1) shall be effective for no more than a period of 6 

months at a time and shall not apply beyond 12 months after the 

enactment of this Act. 

(e) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the 

United States Agency for International Development may provide an 

exception to the fair opportunity process for placing task orders 

under such contracts when the order is placed with any category of 

small or small disadvantaged business.

(f) SHIPMENT OF HUMANITARIAN ASSISTANCE.—During fiscal 

year 2004 and each fiscal year thereafter, of the amounts made 

available by the United States Agency for International Development to carry out the provisions of section 123(b) of the Foreign Assistance Act of 1961, funds may be made available to nongovernmental organizations for administrative costs necessary to implement a program to obtain available donated space on commercial 

ships for the shipment of humanitarian assistance overseas. 

(g) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under section 

660(b)(6) of the Foreign Assistance Act of 1961, support for a nation 

emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging 

from instability, as well as a nation emerging from instability. 

(h) NATIONAL ENDOWMENT FOR DEMOCRACY.—Funds appropriated by this Act that are provided to the National Endowment 

for Democracy may be provided notwithstanding any other provision of law or regulation. 

(i) WORLD FOOD PROGRAM.—Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of the 

United States Agency for International Development, from this or 

any other Act, not less than $6,000,000 shall be made available as 

a general contribution to the World Food Program, notwithstanding 

any other provision of law. 

(j) SUDAN.—For the purposes of section 501 of Public Law 106–

570, the terms ‘‘areas outside of control of the Government of 

Sudan’’ and ‘‘area in Sudan outside of control of the Government 

of Sudan’’ shall, upon conclusion of a peace agreement between the 

Government of Sudan and the Sudan People’s Liberation Movement, have the same meaning and application as was the case immediately prior to the conclusion of such agreement. 

(k) PROGRAMS.—Of the funds appropriated under ‘‘Economic Support Fund’’ for Middle East regional programs, up to $5,000,000 

may be made available for programs and activities of the Yitzhak 

Rabin Center for Israel Studies in Tel Aviv, Israel, and up to 

$5,000,000 may be made available for programs and activities of 

the Center for Human Dignity Museum of Tolerance in Jerusalem. 

ARAB LEAGUE BOYCOTT OF ISRAEL

SEC. 535. It is the sense of the Congress that—

(1) the Arab League boycott of Israel, and the secondary 

boycott of American firms that have commercial ties with Israel, 

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is an impediment to peace in the region and to United States 

investment and trade in the Middle East and North Africa; 

(2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, 

and the Central Office for the Boycott of Israel immediately disbanded; 

(3) the three Arab League countries with diplomatic and 

trade relations with Israel should return their ambassadors to 

Israel, should refrain from downgrading their relations with 

Israel, and should play a constructive role in securing a peaceful resolution of the Israeli-Arab conflict; 

(4) the remaining Arab League states should normalize relations with their neighbor Israel; 

(5) the President and the Secretary of State should continue 

to vigorously oppose the Arab League boycott of Israel and find 

concrete steps to demonstrate that opposition by, for example, 

taking into consideration the participation of any recipient 

country in the boycott when determining to sell weapons to said 

country; and 

(6) the President should report to Congress annually on 

specific steps being taken by the United States to encourage 

Arab League states to normalize their relations with Israel to 

bring about the termination of the Arab League boycott of 

Israel, including those to encourage allies and trading partners 

of the United States to enact laws prohibiting businesses from 

complying with the boycott and penalizing businesses that do 

comply. 

ADMINISTRATION OF JUSTICE ACTIVITIES

SEC. 536. Of the funds appropriated or otherwise made available by this Act or any subsequent Act for ‘‘Economic Support 

Fund’’, assistance may be provided to strengthen the administration 

of justice in countries in Latin America and the Caribbean and in 

other regions consistent with the provisions of section 534(b) of the 

Foreign Assistance Act of 1961, except that programs to enhance 

protection of participants in judicial cases may be conducted notwithstanding section 660 of that Act. Funds made available pursuant to this section may be made available notwithstanding section 

534(c) and the second and third sentences of section 534(e) of the 

Foreign Assistance Act of 1961. 

ELIGIBILITY FOR ASSISTANCE

SEC. 537. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS.—Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict 

assistance in support of programs of nongovernmental organizations 

from funds appropriated by this Act to carry out the provisions of 

chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the 

Foreign Assistance Act of 1961, and from funds appropriated under 

the heading ‘‘Assistance for Eastern Europe and the Baltic States’’: 

Provided, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations 

under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance 

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to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to 

alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. 

(b) PUBLIC LAW 480.—During fiscal year 2004, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954: Provided, 

That none of the funds appropriated to carry out title I of such Act 

and made available pursuant to this subsection may be obligated or 

expended except as provided through the regular notification procedures of the Committees on Appropriations. 

(c) EXCEPTION.—This section shall not apply—

(1) with respect to section 620A of the Foreign Assistance 

Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or 

(2) with respect to section 116 of the Foreign Assistance Act 

of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. 

RESERVATIONS OF FUNDS

SEC. 538. (a) Funds appropriated by this Act which are earmarked may be reprogrammed for other programs within the same 

account notwithstanding the earmark if compliance with the earmark is made impossible by operation of any provision of this or 

any other Act: Provided, That any such reprogramming shall be 

subject to the regular notification procedures of the Committees on 

Appropriations: Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under 

the same terms and conditions as originally provided. 

(b) In addition to the authority contained in subsection (a), the 

original period of availability of funds appropriated by this Act and 

administered by the United States Agency for International Development that are earmarked for particular programs or activities by 

this or any other Act shall be extended for an additional fiscal year 

if the Administrator of such agency determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances 

makes it unlikely that such earmarked funds can be obligated during the original period of availability: Provided, That such earmarked funds that are continued available for an additional fiscal 

year shall be obligated only for the purpose of such earmark. 

CEILINGS AND EARMARKS

SEC. 539. Ceilings and earmarks contained in this Act shall not 

be applicable to funds or authorities appropriated or otherwise 

made available by any subsequent Act unless such Act specifically 

so directs. Earmarks or minimum funding requirements contained 

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

this Act. 

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PROHIBITION ON PUBLICITY OR PROPAGANDA

SEC. 540. No part of any appropriation contained in this Act 

shall be used for publicity or propaganda purposes within the 

United States not authorized before the date of the enactment of this 

Act by the Congress: Provided, That not to exceed $750,000 may be 

made available to carry out the provisions of section 316 of Public 

Law 96–533. 

PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS

SEC. 541. None of the funds appropriated or made available 

pursuant to this Act for carrying out the Foreign Assistance Act of 

1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from 

funds appropriated by this Act to carry out chapter 1 of part I of 

the Foreign Assistance Act of 1961, the costs for participation of another country’s delegation at international conferences held under 

the auspices of multilateral or international organizations. 

NONGOVERNMENTAL ORGANIZATIONS—DOCUMENTATION

SEC. 542. None of the funds appropriated or made available 

pursuant to this Act shall be available to a nongovernmental organization which fails to provide upon timely request any document, 

file, or record necessary to the auditing requirements of the United 

States Agency for International Development. 

PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EX- PORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING

INTERNATIONAL TERRORISM

SEC. 543. (a) None of the funds appropriated or otherwise made 

available by this Act may be available to any foreign government 

which provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist 

government for purposes of section 6(j) of the Export Administration 

Act. The prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to 

provide such military equipment. This section applies with respect 

to lethal military equipment provided under a contract entered into 

after October 1, 1997. 

(b) Assistance restricted by subsection (a) or any other similar 

provision of law, may be furnished if the President determines that 

furnishing such assistance is important to the national interests of 

the United States. 

(c) Whenever the waiver authority of subsection (b) is exercised, 

the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance. Any 

such report shall include a detailed explanation of the assistance to 

be provided, including the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United 

States national interests. 

WITHHOLDING OF ASSISTANCE FOR PARKING FINES OWED BY FOREIGN

COUNTRIES

SEC. 544. (a) Subject to subsection (c), of the funds appropriated 

by this Act that are made available for assistance for a foreign 

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country, an amount equal to 110 percent of the total amount of the 

unpaid fully adjudicated parking fines and penalties owed by such 

country shall be withheld from obligation for such country until the 

Secretary of State submits a certification to the appropriate congressional committees stating that such parking fines and penalties are 

fully paid.

(b) Funds withheld from obligation pursuant to subsection (a) 

may be made available for other programs or activities funded by 

this Act, after consultation with and subject to the regulation notification procedures of the appropriate congressional committees, provided that no such funds shall be made available for assistance to 

the central government of a foreign country that has not paid the 

total amount of the fully adjudicated parking fines and penalties 

owed by such country. 

(c) Subsection (a) shall not include amounts that have been 

withheld under any other provision of law. 

(d) The Secretary of State may waive the requirements set forth 

in subsection (a) no sooner than 60 days from the date of enactment 

of this Act, or at any time with respect to a particular country, if 

the Secretary determines that it is in the national interests of the 

United States to do so. 

(e) Not later than 6 months after the initial exercise of the waiver authority in subsection (d), the Secretary of State, after consultations with the City of New York, shall submit a report to the Committees on Appropriations describing a strategy, including a timetable and steps currently being taken, to collect the parking fines 

and penalties owed by nations receiving foreign assistance under 

this Act. 

(f) In this section: 

(1) The term ‘‘appropriate congressional committees’’ means 

the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. 

(2) The term ‘‘fully adjudicated’’ includes circumstances in 

which the person to whom the vehicle is registered—

(A)(i) has not responded to the parking violation summons; or 

(ii) has not followed the appropriate adjudication procedure to challenge the summons; and 

(B) the period of time for payment of or challenge to the 

summons has lapsed. 

(3) The term ‘‘parking fines and penalties’’ means parking 

fines and penalties—

(A) owed to—

(i) the District of Columbia; or 

(ii) New York, New York; and 

(B) incurred during the period April 1, 1997 through 

September 30, 2003. 

LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND

GAZA

SEC. 545. None of the funds appropriated by this Act may be 

obligated for assistance for the Palestine Liberation Organization 

for the West Bank and Gaza unless the President has exercised the 

authority under section 604(a) of the Middle East Peace Facilitation 

Act of 1995 (title VI of Public Law 104–107) or any other legislation 

186

to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect: Provided, 

That if the President fails to make the certification under section 

604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to 

suspend the prohibition under other legislation, funds appropriated 

by this Act may not be obligated for assistance for the Palestine Liberation Organization for the West Bank and Gaza. 

WAR CRIMES TRIBUNALS DRAWDOWN

SEC. 546. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other 

violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961, as amended, of up to $30,000,000 of commodities 

and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations 

Security Council or such other tribunals or commissions as the 

Council may establish or authorize to deal with such violations, 

without regard to the ceiling limitation contained in paragraph (2) 

thereof: Provided, That the determination required under this section shall be in lieu of any determinations otherwise required under 

section 552(c): Provided further, That the drawdown made under 

this section for any tribunal shall not be construed as an endorsement or precedent for the establishment of any standing or permanent international criminal tribunal or court: Provided further, 

That funds made available for tribunals other than Yugoslavia, 

Rwanda, or the Special Court for Sierra Leone shall be made available subject to the regular notification procedures of the Committees 

on Appropriations. 

LANDMINES

SEC. 547. Notwithstanding any other provision of law, 

demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign 

countries, subject to such terms and conditions as the President may 

prescribe. 

RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY

SEC. 548. None of the funds appropriated by this Act may be 

obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government 

for the purpose of conducting official United States Government 

business with the Palestinian Authority over Gaza and Jericho or 

any successor Palestinian governing entity provided for in the 

Israel-PLO Declaration of Principles: Provided, That this restriction 

shall not apply to the acquisition of additional space for the existing 

Consulate General in Jerusalem: Provided further, That meetings 

between officers and employees of the United States and officials of 

the Palestinian Authority, or any successor Palestinian governing 

entity provided for in the Israel-PLO Declaration of Principles, for 

the purpose of conducting official United States Government business with such authority should continue to take place in locations 

187

other than Jerusalem. As has been true in the past, officers and employees of the United States Government may continue to meet in 

Jerusalem on other subjects with Palestinians (including those who 

now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. 

PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

SEC. 549. None of the funds appropriated or otherwise made 

available by this Act under the heading ‘‘International Military 

Education and Training’’ or ‘‘Foreign Military Financing Program’’ 

for Informational Program activities or under the headings ‘‘Child 

Survival and Health Programs Fund’’, ‘‘Development Assistance’’, 

and ‘‘Economic Support Fund’’ may be obligated or expended to pay 

for—

(1) alcoholic beverages; or

(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to 

entrance fees at sporting events, theatrical and musical productions, and amusement parks. 

RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS

AGENCIES

SEC. 550. None of the funds appropriated by this Act may be 

made available to pay any voluntary contribution of the United 

States to the United Nations (including the United Nations Development Program) if the United Nations implements or imposes any 

taxation on any United States persons. 

HAITI

SEC. 551. The Government of Haiti shall be eligible to purchase 

defense articles and services under the Arms Export Control Act (22 

U.S.C. 2751 et seq.), for the Coast Guard. 

LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY

SEC. 552. (a) PROHIBITION OF FUNDS.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of 

part II of the Foreign Assistance Act of 1961 may be obligated or 

expended with respect to providing funds to the Palestinian Authority. 

(b) WAIVER.—The prohibition included in subsection (a) shall 

not apply if the President certifies in writing to the Speaker of the 

House of Representatives and the President pro tempore of the Senate that waiving such prohibition is important to the national security interests of the United States. 

(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant 

to subsection (b) shall be effective for no more than a period of 6 

months at a time and shall not apply beyond 12 months after the 

enactment of this Act. 

(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the 

Committees on Appropriations detailing the steps the Palestinian 

Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. The report shall also include a 

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

LIMITATION ON ASSISTANCE TO SECURITY FORCES

SEC. 553. None of the funds made available by this Act may be 

provided to any unit of the security forces of a foreign country if the 

Secretary of State has credible evidence that such unit has committed gross violations of human rights, unless the Secretary determines and reports to the Committees on Appropriations that the 

government of such country is taking effective measures to bring the 

responsible members of the security forces unit to justice: Provided, 

That nothing in this section shall be construed to withhold funds 

made available by this Act from any unit of the security forces of 

a foreign country not credibly alleged to be involved in gross violations of human rights: Provided further, That in the event that 

funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the 

basis for such action and shall, to the maximum extent practicable, 

assist the foreign government in taking effective measures to bring 

the responsible members of the security forces to justice. 

FOREIGN MILITARY TRAINING REPORT

SEC. 554. The annual foreign military training report required 

by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the 

Committees on Appropriations of the House of Representatives and 

the Senate by the date specified in that section. 

ENVIRONMENT PROGRAMS

SEC. 555. (a) FUNDING.—Of the funds appropriated under the 

heading ‘‘Development Assistance’’, not less than $155,000,000 shall 

be made available for programs and activities which directly protect 

biodiversity, including forests, in developing countries, of which 

$1,500,000 should be made available to improve the capacity of indigenous groups and local environmental organizations and law enforcement agencies to protect the biodiversity of indigenous reserves 

in the Amazon Basin region of Brazil, which amount shall be in addition to the amount requested in this Act for assistance for Brazil 

for fiscal year 2004: Provided, That not later than one year after enactment of this Act, the Secretary of State, in coordination with the 

Administrator of the United States Agency for International Development and other appropriate departments and agencies, and after 

consultation with appropriate governments and nongovernmental 

organizations, shall submit to the Committees on Appropriations a 

strategy for biodiversity conservation in the Amazon Basin region of 

South America: Provided further, That of the funds appropriated 

under the headings ‘‘Development Assistance’’ and ‘‘Andean 

Counterdrug Initiative’’, funds shall be made available in fiscal 

year 2004 to develop the strategy described in the previous proviso: 

Provided further, That of the funds appropriated by this Act, not 

less than $180,000,000 shall be made available to support policies 

and programs in developing countries that directly (1) promote a 

wide range of energy conservation, energy efficiency and clean energy programs and activities, including the transfer of clean and enVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00192 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
189

vironmentally sustainable energy technologies; (2) measure, monitor, 

and reduce greenhouse gas emissions; (3) increase carbon sequestration activities; and (4) enhance climate change mitigation and adaptation programs. 

(b) CLIMATE CHANGE REPORT.—Not later than 45 days after the 

date on which the President’s fiscal year 2005 budget request is submitted to Congress, the President shall submit a report to the Committees on Appropriations describing in detail the following—

(1) all Federal agency obligations and expenditures, domestic and international, for climate change programs and activities in fiscal year 2004, including an accounting of expenditures 

by agency with each agency identifying climate change activities 

and associated costs by line item as presented in the President’s 

Budget Appendix; and 

(2) all fiscal year 2003 obligations and estimated expenditures, fiscal year 2004 estimated expenditures and estimated obligations, and fiscal year 2005 requested funds by the United 

States Agency for International Development, by country and 

central program, for each of the following: (i) to promote the 

transfer and deployment of a wide range of United States clean 

energy and energy efficiency technologies; (ii) to assist in the 

measurement, monitoring, reporting, verification, and reduction 

of greenhouse gas emissions; (iii) to promote carbon capture and 

sequestration measures; (iv) to help meet such countries’ responsibilities under the Framework Convention on Climate Change; 

and (v) to develop assessments of the vulnerability to impacts 

of climate change and mitigation and adaptation response 

strategies. 

REGIONAL PROGRAMS FOR EAST ASIA AND THE PACIFIC

SEC. 556. Funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are requested for ‘‘Regional Democracy’’ assistance for East Asia and the Pacific shall be made available for the Human Rights and Democracy Fund of the Bureau for 

Democracy, Human Rights and Labor, Department of State. 

ZIMBABWE

SEC. 557. The Secretary of the Treasury shall instruct the 

United States executive director to each international financial institution to vote against any extension by the respective institution 

of any loans, to the Government of Zimbabwe, except to meet basic 

human needs or to promote democracy, unless the Secretary of State 

determines and certifies to the Committees on Appropriations that 

the rule of law has been restored in Zimbabwe, including respect for 

ownership and title to property, freedom of speech and association.

TIBET

SEC. 558. (a) The Secretary of Treasury should instruct the 

United States executive director to each international financial institution to use the voice and vote of the United States to support 

projects in Tibet if such projects do not provide incentives for the 

migration and settlement of non-Tibetans into Tibet or facilitate the 

transfer of ownership of Tibetan land and natural resources to nonTibetans; are based on a thorough needs-assessment; foster self-sufVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00193 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
190

ficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring. 

(b) Notwithstanding any other provision of law, not less than 

$4,000,000 of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ shall be made available to nongovernmental organizations to support activities which preserve cultural 

traditions and promote sustainable development and environmental 

conservation in Tibetan communities in the Tibetan Autonomous 

Region and in other Tibetan communities in China. 

AUTHORIZATION REQUIREMENT

SEC. 559. Funds appropriated by this Act may be obligated and 

expended notwithstanding section 10 of Public Law 91–672 and section 15 of the State Department Basic Authorities Act of 1956. 

NIGERIA

SEC. 560. None of the funds appropriated under the headings 

‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance for 

Nigeria until the President certifies to the Committees on Appropriations that the Nigerian Minister of Defense, the Chief of the 

Army Staff, and the Minister of State for Defense/Army are suspending from the Armed Forces those members, of whatever rank, 

against whom there is credible evidence of gross violations of 

human rights in Benue State in October 2001, and the Government 

of Nigeria and the Nigerian Armed Forces are taking effective measures to bring such individuals to justice: Provided, That the President may waive such prohibition if he determines that doing so is 

in the national security interest of the United States: Provided further, That prior to exercising such waiver authority, the President 

shall submit a report to the Committees on Appropriations describing the involvement of the Nigerian Armed Forces in the incident 

in Benue State, the measures that are being taken to bring such individuals to justice, and whether any Nigerian Armed Forces units 

involved with the incident in Benue State are receiving United 

States assistance. 

CAMBODIA

SEC. 561. (a) The Secretary of the Treasury should instruct the 

United States executive directors of the international financial institutions to use the voice and vote of the United States to oppose loans 

to the Central Government of Cambodia, except loans to meet basic 

human needs. 

(b)(1) None of the funds appropriated by this Act may be made 

available for assistance for the Central Government of Cambodia. 

(2) Paragraph (1) shall not apply to assistance for basic education, reproductive and maternal and child health, cultural and 

historic preservation, programs for the prevention, treatment, and 

control of, and research on, HIV/AIDS, tuberculosis, malaria, polio 

and other infectious diseases, programs to combat human trafficking that are provided through nongovernmental organizations, 

and for the Ministry of Women and Veterans Affairs to combat 

human trafficking. 

191

(c) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’, up to $4,000,000 may be made available 

for activities to support democracy, including assistance for democratic political parties. 

(d) Funds appropriated by this Act to carry out provisions of 

section 541 of the Foreign Assistance Act of 1961 may be made 

available notwithstanding subsection (b) only if at least 15 days 

prior to the obligation of such funds, the Secretary of State provides 

to the Committees on Appropriations a list of those individuals who 

have been credibly alleged to have ordered or carried out 

extrajudicial and political killings that occurred during the March 

1997 grenade attack against the Khmer Nation Party, the July 1997 

coup d’etat, and election related violence that occurred during the 

1998, 2002, and 2003 elections in Cambodia. 

(e) None of the funds appropriated or otherwise made available 

by this Act may be used to provide assistance to any tribunal established by the Government of Cambodia. 

PALESTINIAN STATEHOOD

SEC. 562. (a) LIMITATION ON ASSISTANCE.—None of the funds 

appropriated by this Act may be provided to support a Palestinian 

state unless the Secretary of State determines and certifies to the appropriate congressional committees that—

(1) a new leadership of a Palestinian governing entity has 

been democratically elected through credible and competitive 

elections; 

(2) the elected governing entity of a new Palestinian state—

(A) has demonstrated a firm commitment to peaceful 

co-existence with the State of Israel;

(B) is taking appropriate measures to counter terrorism 

and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures; 

(C) is establishing a new Palestinian security entity 

that is cooperative with appropriate Israeli and other appropriate security organizations; and 

(3) the Palestinian Authority (or the governing body of a 

new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and 

comprehensive peace in the Middle East that will enable Israel 

and an independent Palestinian state to exist within the context 

of full and normal relationships, which should include—

(A) termination of all claims or states of belligerency; 

(B) respect for and acknowledgement of the sovereignty, 

territorial integrity, and political independence of every 

state in the area through measures including the establishment of demilitarized zones; 

(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; 

(D) freedom of navigation through international waterways in the area; and 

(E) a framework for achieving a just settlement of the 

refugee problem. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

newly elected governing entity should enact a constitution assuring 

the rule of law, an independent judiciary, and respect for human 

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rights for its citizens, and should enact other laws and regulations 

assuring transparent and accountable governance. 

(c) WAIVER.—The President may waive subsection (a) if he determines that it is vital to the national security interests of the 

United States to do so. 

(d) EXEMPTION.—The restriction in subsection (a) shall not 

apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or a newly elected governing entity, 

in order to help meet the requirements of subsection (a), consistent 

with the provisions of section 552 of this Act (‘‘Limitation on Assistance to the Palestinian Authority’’). 

COLOMBIA

SEC. 563. (a) DETERMINATION AND CERTIFICATION REQUIRED.— Notwithstanding any other provision of law, funds appropriated by 

this Act that are available for assistance for the Colombian Armed 

Forces, may be made available as follows: 

(1) Up to 75 percent of such funds may be obligated prior 

to a determination and certification by the Secretary of State 

pursuant to paragraph (2). 

(2) Up to 12.5 percent of such funds may be obligated only 

after the Secretary of State certifies and reports to the appropriate congressional committees that: 

(A) The Commander General of the Colombian Armed 

Forces is suspending from the Armed Forces those members, of whatever rank who, according to the Minister of 

Defense or the Procuraduria General de la Nacion, have 

been credibly alleged to have committed gross violations of 

human rights, including extra-judicial killings, or to have 

aided or abetted paramilitary organizations. 

(B) The Colombian Government is vigorously investigating and prosecuting those members of the Colombian 

Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violations of human rights, 

including extra-judicial killings, or to have aided or abetted paramilitary organizations, and is promptly punishing 

those members of the Colombian Armed Forces found to 

have committed such violations of human rights or to have 

aided or abetted paramilitary organizations. 

(C) The Colombian Armed Forces have made substantial progress in cooperating with civilian prosecutors and 

judicial authorities in such cases (including providing requested information, such as the identity of persons suspended from the Armed Forces and the nature and cause 

of the suspension, and access to witnesses, relevant military 

documents, and other requested information). 

(D) The Colombian Armed Forces have made substantial progress in severing links (including denying access to 

military intelligence, vehicles, and other equipment or supplies, and ceasing other forms of active or tacit cooperation) 

at the command, battalion, and brigade levels, with paramilitary organizations, especially in regions where these organizations have a significant presence. 

(E) The Colombian Armed Forces are dismantling 

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ing commanders and financial backers, especially in regions where these networks have a significant presence. 

(3) The balance of such funds may be obligated after July 

31, 2004, if the Secretary of State certifies and reports to the appropriate congressional committees, after such date, that the 

Colombian Armed Forces are continuing to meet the conditions 

contained in paragraph (2) and are conducting vigorous operations to restore government authority and respect for human 

rights in areas under the effective control of paramilitary and 

guerrilla organizations. 

(b) CONGRESSIONAL NOTIFICATION.—Funds made available by 

this Act for the Colombian Armed Forces shall be subject to the regular notification procedures of the Committees on Appropriations. 

(c) CONSULTATIVE PROCESS.—Not later than 60 days after the 

date of enactment of this Act, and every 90 days thereafter until 

September 30, 2005, the Secretary of State shall consult with internationally recognized human rights organizations regarding 

progress in meeting the conditions contained in that subsection. 

(d) DEFINITIONS.—In this section: 

(1) AIDED OR ABETTED.—The term ‘‘aided or abetted’’ means 

to provide any support to paramilitary groups, including taking 

actions which allow, facilitate, or otherwise foster the activities 

of such groups. 

(2) PARAMILITARY GROUPS.—The term ‘‘paramilitary 

groups’’ means illegal self-defense groups and illegal security 

cooperatives. 

ILLEGAL ARMED GROUPS

SEC. 564. (a) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN

ILLEGAL ARMED GROUPS.—Subject to subsection (b), the Secretary of 

State shall not issue a visa to any alien who the Secretary determines, based on credible evidence—

(1) has willfully provided any support to the Revolutionary 

Armed Forces of Colombia (FARC), the National Liberation 

Army (ELN), or the United Self-Defense Forces of Colombia 

(AUC), including taking actions or failing to take actions which 

allow, facilitate, or otherwise foster the activities of such groups; 

or 

(2) has committed, ordered, incited, assisted, or otherwise 

participated in the commission of gross violations of human 

rights, including extra-judicial killings, in Colombia. 

(b) WAIVER.—Subsection (a) shall not apply if the Secretary of 

State determines and certifies to the appropriate congressional committees, on a case-by-case basis, that the issuance of a visa to the 

alien is necessary to support the peace process in Colombia or for 

urgent humanitarian reasons. 

PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING

CORPORATION

SEC. 565. None of the funds appropriated or otherwise made 

available by this Act may be used to provide equipment, technical 

support, consulting services, or any other form of assistance to the 

Palestinian Broadcasting Corporation. 

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WEST BANK AND GAZA PROGRAM

SEC. 566. (a) OVERSIGHT.—For fiscal year 2004, 30 days prior 

to the initial obligation of funds for the bilateral West Bank and 

Gaza Program, the Secretary of State shall certify to the appropriate 

committees of Congress that procedures have been established to assure the Comptroller General of the United States will have access 

to appropriate United States financial information in order to review the uses of United States assistance for the Program funded 

under the heading ‘‘Economic Support Fund’’ for the West Bank and 

Gaza. 

(b) VETTING.—Prior to the obligation of funds appropriated by 

this Act under the heading ‘‘Economic Support Fund’’ for assistance 

for the West Bank and Gaza, the Secretary of State shall take all 

appropriate steps to ensure that such assistance is not provided to 

or through any individual or entity that the Secretary knows or has 

reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity. The Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection. 

(c) AUDITS.—(1) The Administrator of the United States Agency 

for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and subgrantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among 

other things, compliance with this section. 

(2) Of the funds appropriated by this Act under the heading 

‘‘Economic Support Fund’’ that are made available for assistance for 

the West Bank and Gaza, up to $1,000,000 may be used by the Office of the Inspector General of the United States Agency for International Development for audits, inspections, and other activities in 

furtherance of the requirements of this subsection. Such funds are 

in addition to funds otherwise available for such purposes. 

CONTRIBUTIONS TO UNITED NATIONS POPULATION FUND

SEC. 567. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION.—Of 

the amounts made available under ‘‘International Organizations 

and Programs’’ and ‘‘Child Survival and Health Programs Fund’’ 

for fiscal year 2004, the amount cited in section 576 of Public Law 

107–115 shall be made available for the United Nations Population 

Fund (hereafter in this section referred to as the ‘‘UNFPA’’). 

(b) FAMILY PLANNING, MATERNAL AND REPRODUCTIVE HEALTH

ACTIVITIES.—Of the funds appropriated in Public Law 107–115 that 

were available for the UNFPA, including all funds that were transferred to ‘‘Child Survival and Health Programs Fund’’, $34,000,000 

shall be made available for family planning, maternal and reproductive health activities in the Democratic Republic of the Congo, 

Ethiopia, Nigeria, Tanzania, Uganda, Haiti, Georgia, Azerbaijan, 

Russia, Albania, Romania, and Kazakhstan: Provided, That such 

programs and activities shall be deemed to have been justified to 

Congress. 

(c) TRAFFICKING INITIATIVE.—Of the funds appropriated in Public Law 108–7 that were available for the UNFPA and that were 

transferred to ‘‘Child Survival and Health Programs Fund’’, 

$25,000,000 shall be allocated for assistance for ‘‘vulnerable chilVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00198 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
195

dren’’ and made available for a new initiative for assistance for 

young women, mothers and children who are victims of trafficking 

in persons: Provided, That such programs and activities shall be 

deemed to have been justified to Congress.

(d) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the 

funds made available under ‘‘International Organizations and Programs’’ may be made available for the UNFPA for a country program in the People’s Republic of China. 

(e) CONDITIONS ON AVAILABILITY OF FUNDS.—Amounts made 

available under ‘‘International Organizations and Programs’’ and 

‘‘Child Survival and Health Programs Fund’’ for fiscal year 2004 

for the UNFPA may not be made available to UNFPA unless—

(1) the UNFPA maintains amounts made available to the 

UNFPA under this section in an account separate from other 

accounts of the UNFPA; 

(2) the UNFPA does not commingle amounts made available to the UNFPA under this section with other sums; and 

(3) the UNFPA does not fund abortions. 

CENTRAL ASIA

SEC. 568. (a) Funds appropriated by this Act may be made 

available for assistance for the central Government of Uzbekistan 

only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial and continuing progress in meeting its commitments 

under the ‘‘Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United 

States of America’’, including respect for human rights, establishing 

a genuine multi-party system, and ensuring free and fair elections, 

freedom of expression, and the independence of the media. 

(b) Funds appropriated by this Act may be made available for 

assistance for the Government of Kazakhstan only if the Secretary 

of State determines and reports to the Committees on Appropriations that the Government of Kazakhstan has made significant improvements in the protection of human rights during the preceding 

6 month period. 

(c) The Secretary of State may waive the requirements under 

subsection (b) if he determines and reports to the Committees on Appropriations that such a waiver is in the national security interests 

of the United States. 

(d) Not later than October 1, 2004, the Secretary of State shall 

submit a report to the Committees on Appropriations and the Committee on Foreign Relations of the Senate and the Committee on 

International Relations of the House of Representatives describing 

the following: 

(1) The defense articles, defense services, and financial assistance provided by the United States to the countries of Central Asia during the 6-month period ending 30 days prior to 

submission of such report. 

(2) The use during such period of defense articles, defense 

services, and financial assistance provided by the United States 

by units of the armed forces, border guards, or other security 

forces of such countries. 

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(e) For purposes of this section, the term ‘‘countries of Central 

Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, 

and Turkmenistan. 

DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE

RUSSIAN FEDERATION

SEC. 569. None of the funds appropriated under this Act may 

be made available for the Government of the Russian Federation, 

after 180 days from the date of the enactment of this Act, unless the 

President determines and certifies in writing to the Committees on 

Appropriations that the Government of the Russian Federation has 

implemented no statute, executive order, regulation or similar government action that would discriminate, or who have as its principal effect discrimination, against religious groups or religious 

communities in the Russian Federation in violation of accepted 

international agreements on human rights and religious freedoms to 

which the Russian Federation is a party. 

WAR CRIMINALS

SEC. 570. (a)(1) None of the funds appropriated or otherwise 

made available pursuant to this Act may be made available for assistance, and the Secretary of the Treasury shall instruct the United 

States executive directors to the international financial institutions 

to vote against any new project involving the extension by such institutions of any financial or technical assistance, to any country, 

entity, or municipality whose competent authorities have failed, as 

determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the 

former Yugoslavia (the ‘‘Tribunal’’) all persons in their territory who 

have been indicted by the Tribunal and to otherwise cooperate with 

the Tribunal. 

(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization. 

(b) The provisions of subsection (a) shall apply unless the Secretary of State determines and reports to the appropriate congressional committees that the competent authorities of such country, 

entity, or municipality are—

(1) cooperating with the Tribunal, including access for investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance 

in their apprehension; and

(2) are acting consistently with the Dayton Accords. 

(c) Not less than 10 days before any vote in an international financial institution regarding the extension of any new project involving financial or technical assistance or grants to any country or 

entity described in subsection (a), the Secretary of the Treasury, in 

consultation with the Secretary of State, shall provide to the Committees on Appropriations a written justification for the proposed 

assistance, including an explanation of the United States position 

regarding any such vote, as well as a description of the location of 

the proposed assistance by municipality, its purpose, and its intended beneficiaries. 

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197

ment, and the Secretary of the Treasury shall consult with representatives of human rights organizations and all government 

agencies with relevant information to help prevent indicted war 

criminals from benefiting from any financial or technical assistance 

or grants provided to any country or entity described in subsection 

(a). 

(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or municipality upon a written determination to the Committees on Appropriations that such assistance directly supports the implementation of the Dayton Accords. 

(f) DEFINITIONS.—As used in this section—

(1) COUNTRY.—The term ‘‘country’’ means Bosnia and 

Herzegovina, Croatia and Serbia. 

(2) ENTITY.—The term ‘‘entity’’ refers to the Federation of 

Bosnia and Herzegovina, Kosovo, Montenegro and the 

Republika Srpska. 

(3) MUNICIPALITY.—The term ‘‘municipality’’ means a city, 

town or other subdivision within a country or entity as defined 

herein. 

(4) DAYTON ACCORDS.—The term ‘‘Dayton Accords’’ means 

the General Framework Agreement for Peace in Bosnia and 

Herzegovina, together with annexes relating thereto, done at 

Dayton, November 10 through 16, 1995. 

USER FEES

SEC. 571. The Secretary of the Treasury shall instruct the 

United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) and the International Monetary Fund to oppose any loan, grant, strategy or policy of these institutions that 

would require user fees or service charges on poor people for primary education or primary healthcare, including prevention and 

treatment efforts for HIV/AIDS, malaria, tuberculosis, and infant, 

child, and maternal well-being, in connection with the institutions’ 

financing programs. 

FUNDING FOR SERBIA

SEC. 572. (a) Funds appropriated by this Act may be made 

available for assistance for Serbia after March 31, 2004, if the 

President has made the determination and certification contained in 

subsection (c). 

(b) After March 31, 2004, the Secretary of the Treasury should 

instruct the United States executive directors to the international financial institutions to support loans and assistance to the Government of the Federal Republic of Yugoslavia (or a government of a 

successor state) subject to the conditions in subsection (c): Provided, 

That section 576 of the Foreign Operations, Export Financing, and 

Related Programs Appropriations Act, 1997, as amended, shall not 

apply to the provision of loans and assistance to the Federal Republic of Yugoslavia (or a successor state) through international financial institutions. 

(c) The determination and certification referred to in subsection 

(a) is a determination by the President and a certification to the 

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Committees on Appropriations that the Government of the Federal 

Republic of Yugoslavia (or a government of a successor state) is—

(1) cooperating with the International Criminal Tribunal 

for the former Yugoslavia including access for investigators, the 

provision of documents, and the surrender and transfer of 

indictees or assistance in their apprehension, including making 

all practicable efforts to apprehend and transfer Ratko Mladic; 

(2) taking steps that are consistent with the Dayton Accords 

to end Serbian financial, political, security and other support 

which has served to maintain separate Republika Srpska institutions; and 

(3) taking steps to implement policies which reflect a respect for minority rights and the rule of law, including the release of political prisoners from Serbian jails and prisons. 

(d) This section shall not apply to Montenegro, Kosovo, humanitarian assistance or assistance to promote democracy in municipalities. 

COMMUNITY-BASED POLICE ASSISTANCE

SEC. 573. (a) AUTHORITY.—Funds made available by this Act to 

carry out the provisions of chapter 1 of part I and chapter 4 of part 

II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority in Jamaica and El Salvador 

through training and technical assistance in human rights, the rule 

of law, strategic planning, and through assistance to foster civilian 

police roles that support democratic governance including assistance 

for programs to prevent conflict and foster improved police relations 

with the communities they serve. 

(b) NOTIFICATION.—Assistance provided under subsection (a) 

shall be subject to the regular notification procedures of the Committees on Appropriations. 

SPECIAL DEBT RELIEF FOR THE POOREST

SEC. 574. (a) AUTHORITY TO REDUCE DEBT.—The President 

may reduce amounts owed to the United States (or any agency of 

the United States) by an eligible country as a result of—

(1) guarantees issued under sections 221 and 222 of the 

Foreign Assistance Act of 1961; 

(2) credits extended or guarantees issued under the Arms 

Export Control Act; or 

(3) any obligation or portion of such obligation, to pay for 

purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit 

guarantee programs authorized pursuant to section 5(f) of the 

Commodity Credit Corporation Charter Act of June 29, 1948, 

as amended, section 4(b) of the Food for Peace Act of 1966, as 

amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501). 

(b) LIMITATIONS.—

(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and referendum agreements, commonly referred to as ‘‘Paris Club 

Agreed Minutes’’. 

199

(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided in 

advance by appropriations Acts. 

(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens 

that are eligible to borrow from the International Development 

Association, but not from the International Bank for Reconstruction and Development, commonly referred to as ‘‘IDA-only’’ 

countries. 

(c) CONDITIONS.—The authority provided by subsection (a) may 

be exercised only with respect to a country whose government—

(1) does not have an excessive level of military expenditures; 

(2) has not repeatedly provided support for acts of international terrorism; 

(3) is not failing to cooperate on international narcotics 

control matters; 

(4) (including its military or other security forces) does not 

engage in a consistent pattern of gross violations of internationally recognized human rights; and 

(5) is not ineligible for assistance because of the application 

of section 527 of the Foreign Relations Authorization Act, Fiscal 

Years 1994 and 1995. 

(d) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to the funds appropriated 

by this Act under the heading ‘‘Debt Restructuring’’. 

(e) CERTAIN PROHIBITIONS INAPPLICABLE.—A reduction of debt 

pursuant to subsection (a) shall not be considered assistance for the 

purposes of any provision of law limiting assistance to a country. 

The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or section 321 of the International Development and Food Assistance Act 

of 1975. 

AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

SEC. 575. (a) LOANS ELIGIBLE FOR SALE, REDUCTION, OR CANCELLATION.—

(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN

LOANS.—Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible 

purchaser any concessional loan or portion thereof made before 

January 1, 1995, pursuant to the Foreign Assistance Act of 

1961, to the government of any eligible country as defined in 

section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, 

only for the purpose of facilitating—

(A) debt-for-equity swaps, debt-for-development swaps, 

or debt-for-nature swaps; or 

(B) a debt buyback by an eligible country of its own 

qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, 

equal to not less than 40 percent of the price paid for such 

debt by such eligible country, or the difference between the 

price paid for such debt and the face value of such debt, to 

support activities that link conservation and sustainable 

use of natural resources with local community development, 

200

and child survival and other child development, in a manner consistent with sections 707 through 710 of the Foreign 

Assistance Act of 1961, if the sale, reduction, or cancellation would not contravene any term or condition of any 

prior agreement relating to such loan. 

(2) TERMS AND CONDITIONS.—Notwithstanding any other 

provision of law, the President shall, in accordance with this 

section, establish the terms and conditions under which loans 

may be sold, reduced, or canceled pursuant to this section. 

(3) ADMINISTRATION.—The Facility, as defined in section 

702(8) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and 

shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section. Such agency shall 

make adjustment in its accounts to reflect the sale, reduction, 

or cancellation. 

(4) LIMITATION.—The authorities of this subsection shall be 

available only to the extent that appropriations for the cost of 

the modification, as defined in section 502 of the Congressional 

Budget Act of 1974, are made in advance. 

(b) DEPOSIT OF PROCEEDS.—The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant 

to this section shall be deposited in the United States Government 

account or accounts established for the repayment of such loan.

(c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to 

subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging 

in debt-for-equity swaps, debt-for-development swaps, or debt-fornature swaps. 

(d) DEBTOR CONSULTATIONS.—Before the sale to any eligible 

purchaser, or any reduction or cancellation pursuant to this section, 

of any loan made to an eligible country, the President should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-fordevelopment swaps, or debt-for-nature swaps. 

(e) AVAILABILITY OF FUNDS.—The authority provided by subsection (a) may be used only with regard to funds appropriated by 

this Act under the heading ‘‘Debt Restructuring’’. 

DISASTER SURGE CAPACITY

SEC. 576. Funds appropriated by this Act to carry out part I of 

the Foreign Assistance Act of 1961 may be used, in addition to 

funds otherwise available for such purposes, for the cost (including 

the support costs) of individuals detailed to or employed by the 

United States Agency for International Development whose primary 

responsibility is to carry out programs to address natural or manmade disasters or programs under the heading ‘‘Transition Initiatives’’. 

IFAD AUTHORIZATION

SEC. 577. The Secretary of the Treasury may, to fulfill commitments of the United States, contribute on behalf of the United States 

to the sixth replenishment of the resources of the International Fund 

201

for Agricultural Development. The following amount is authorized 

to be appropriated without fiscal year limitation for payment by the 

Secretary of the Treasury: $45,000,000 for the International Fund 

for Agricultural Development. 

PHILIPPINE EDUCATION AND HEALTH INFRASTRUCTURE

SEC. 578. Of the funds appropriated under ‘‘Economic Support 

Fund’’ for the Philippines in Public Law 108–11, the Emergency 

Wartime Supplemental Appropriations Act, 2003, $600,000 shall be 

available only for upgrading education and health infrastructure in 

the Sulu Archipelago. 

BASIC EDUCATION

SEC. 579. Of the funds appropriated by title II of this Act, not 

less than $326,500,000 shall be made available for basic education: 

Provided, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), shall submit a report not later than 120 days after 

enactment of this Act articulating a strategy for the use of basic 

education funds in Africa, East Asia and the Pacific, the Near East, 

South Asia, and the Western Hemisphere (excluding the United 

States) to include—

(1) country strategies and brief project descriptions of the 

uses and proposed uses of all United States Government resources for basic education overseas; 

(2) a detailed description of the administrative structure 

currently in place to manage strategic coordination undertaken 

among the State Department, USAID and other agencies involved in international basic education activities; and 

(3) a description of actions being taken to expand the administrative capacity of both USAID and the State Department 

to deliver effective expanded basic education programs. 

PARTICIPATION IN THE THIRTEENTH REPLENISHMENT OF THE

RESOURCES OF THE INTERNATIONAL DEVELOPMENT ASSOCIATION

SEC. 580. The International Development Association Act (22 

U.S.C. 284–284s) is amended by adding at the end the following: 

‘‘SEC. 22. THIRTEENTH REPLENISHMENT. 

‘‘(a) CONTRIBUTION AUTHORITY.—

‘‘(1) IN GENERAL.—The United States Governor of the Association may contribute on behalf of the United States an 

amount equal to the amount appropriated under subsection (b), 

pursuant to the resolution of the Association entitled ‘Additions 

to IDA Resources: Thirteenth Replenishment’. 

‘‘(2) SUBJECT TO APPROPRIATIONS.—Any commitment to 

make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided 

in advance in appropriations Acts. 

‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For 

the contribution authorized by subsection (a), there are authorized 

to be appropriated such sums as may be necessary for payment by 

the Secretary of the Treasury, without fiscal year limitation.’’. 

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ADMINISTRATIVE PROVISIONS RELATED TO MULTILATERAL

DEVELOPMENT INSTITUTIONS

SEC. 581. Title XV of the International Financial Institutions 

Act (22 U.S.C. 262o—262o–2) is amended by adding at the end the 

following: 

‘‘SEC. 1504. ADMINISTRATIVE PROVISIONS. 

‘‘(a) ACHIEVEMENT OF CERTAIN POLICY GOALS.—The Secretary 

of Treasury should instruct the United States Executive Director at 

each multilateral development institution to inform the institution 

of the following United States policy goals, and use the voice and 

vote of the United States to achieve the goals at the institution before June 30, 2005:

‘‘(1) No later than 60 calendar days after the Board of Directors of the institution approves the minutes of a Board meeting, the institution shall post on its website an electronic 

version of the minutes, with material deemed too sensitive for 

public distribution redacted. 

‘‘(2) The institution shall keep a written transcript or electronic recording of each meeting of its Board of Directors and 

preserve the transcript or recording for at least 10 years after 

the meeting. 

‘‘(3) All public sector loan, credit and grant documents, 

country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for endorsement 

or approval by its Board of Directors, with materials deemed 

too sensitive for public distribution redacted or withheld, shall 

be made available to the public 15 calendar days before consideration by the Board or, if not then available, when the documents are distributed to the Board. Such documents shall include the resources and conditionality necessary to ensure that 

the borrower complies with applicable laws in carrying out the 

terms and conditions of such documents, strategies, or policies, 

including laws pertaining to the integrity and transparency of 

the process such as public consultation, and to public health 

and safety and environmental protection. 

‘‘(4) The institution shall post on its website an annual report containing statistical summaries and case studies of the 

fraud and corruption cases pursued by its investigations unit. 

‘‘(5) The institution shall require that any health, education, or poverty-focused loan, credit, grant, document, policy, 

or strategy prepared by the institution includes specific outcome 

and output indicators to measure results, and that the indicators and results be published periodically during the execution, 

and at the completion, of the project or program. 

‘‘(6) The institution shall establish a plan and schedule for 

conducting regular, independent audits of internal management 

controls and procedures for meeting operational objectives, complying with Bank policies, and preventing fraud, and making 

reports describing the scope and findings of such audits available to the public. 

‘‘(7) The institution shall establish effective procedures for 

the receipt, retention, and treatment of (A) complaints received 

by the Bank regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters; and (B) the 

203

confidential, anonymous submission by employees of the Bank 

of concerns regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters. 

‘‘(b) Not later than September 1, 2004 and six months thereafter, the Secretary of the Treasury shall submit a report to the appropriate congressional committees describing the actions taken by 

each multilateral development institution to implement the policy 

goals described in subsection (a), and any further actions that need 

to be taken to fully implement such goals. 

‘‘(c) PUBLICATION OF WRITTEN STATEMENTS REGARDING INSPECTION MECHANISM CASES.—No later than 60 calendar days after a 

meeting of the Board of Directors of a multilateral development institution, the Secretary of the Treasury should provide for publication on the website of the Department of the Treasury of any written 

statement presented at the meeting by the United States Executive 

Director at the institution concerning—

‘‘(1) a project on which a claim has been made to the inspection mechanism of the institution; or 

‘‘(2) a pending inspection mechanism case. 

‘‘(d) CONGRESSIONAL BRIEFINGS.—The Secretary of the Treasury or the designee of the Secretary should brief the appropriate 

congressional committees, when requested, on the steps that have 

been taken by the United States Executive Director at any multilateral development institution, and by any such institution, to implement the measures described in this section. 

‘‘(e) PUBLICATION OF ‘NO’ VOTES AND ABSTENTIONS BY THE

UNITED STATES.—Each month, the Secretary of the Treasury should 

provide for posting on the website of the Department of the Treasury 

of a record of all ‘no’ votes and abstentions made by the United 

States Executive Director at any multilateral development institution on any matter before the Board of Directors of the institution. 

‘‘(f) MULTILATERAL DEVELOPMENT INSTITUTION DEFINED.—In 

this section, the term ‘multilateral development institution’ shall 

have the meaning given in section 1701(c)(3).’’. 

PARTICIPATION IN THE SEVENTH REPLENISHMENT OF THE RESOURCES

OF THE ASIAN DEVELOPMENT FUND

SEC. 582. The Asian Development Bank Act (22 U.S.C. 285–

285aa) is amended by adding at the end the following: 

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

‘‘(a) CONTRIBUTION AUTHORITY.—

‘‘(1) IN GENERAL.—The United States Governor of the Bank 

may contribute on behalf of the United States an amount equal 

to the amount appropriated under subsection (b), pursuant to 

the resolution of the Bank entitled ‘Seventh Replenishment of 

the Asian Development Fund’.

‘‘(2) SUBJECT TO APPROPRIATIONS.—Any commitment to 

make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided 

in advance in appropriations Acts. 

‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For 

the contribution authorized by subsection (a), there are authorized 

to be appropriated such sums as may be necessary for payment by 

the Secretary of the Treasury, without fiscal year limitation.’’. 

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PARTICIPATION IN THE NINTH REPLENISHMENT OF THE RESOURCES

OF THE AFRICAN DEVELOPMENT FUND

SEC. 583. The African Development Fund Act (22 U.S.C. 290g—

290g–15) is amended by adding at the end the following: 

‘‘SEC. 217. NINTH REPLENISHMENT. 

‘‘(a) CONTRIBUTION AUTHORITY.—

‘‘(1) IN GENERAL.—The United States Governor of the Fund 

may contribute on behalf of the United States an amount equal 

to the amount appropriated under subsection (b), pursuant to 

the resolution of the Fund entitled ‘The Ninth General Replenishment of Resources of the African Development Fund’. 

‘‘(2) SUBJECT TO APPROPRIATIONS.—Any commitment to 

make the contribution authorized by paragraph (1) shall be effective only to such extent or in such amounts as are provided 

in advance in appropriations Acts. 

‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—For 

the contribution authorized by subsection (a), there are authorized 

to be appropriated such sums as may be necessary for payment by 

the Secretary of the Treasury, without fiscal year limitation.’’. 

OVERSEAS PRIVATE INVESTMENT CORPORATION AND EXPORT-IMPORT

BANK RESTRICTIONS

SEC. 584. (a) LIMITATION ON USE OF FUNDS BY OPIC.—None 

of the funds made available in this Act may be used by the Overseas 

Private Investment Corporation to insure, reinsure, guarantee, or finance any investment in connection with a project involving the 

mining, polishing or other processing, or sale of diamonds in a 

country that fails to meet the requirements of subsection (c). 

(b) LIMITATION ON USE OF FUNDS BY THE EXPORT-IMPORT

BANK.—None of the funds made available in this Act may be used 

by the Export-Import Bank of the United States to guarantee, insure, extend credit, or participate in an extension of credit in connection with the export of any goods to a country for use in an enterprise involving the mining, polishing or other processing, or sale of 

diamonds in a country that fails to meet the requirements of subsection (c). 

(c) REQUIREMENTS.—The requirements referred to in subsections (a) and (b) are that the country concerned is implementing 

the recommendations, obligations and requirements developed by 

the Kimberley Process on conflict diamonds. 

RECONCILIATION PROGRAMS

SEC. 585. Of the funds appropriated under the headings ‘‘Economic Support Fund’’, not less than $8,000,000 shall be made available to support reconciliation programs and activities which bring 

together individuals of different ethnic, religious, and political backgrounds from areas of civil conflict and war. 

NICARAGUA

SEC. 586. Of the funds appropriated under the headings ‘‘Development Assistance’’ and ‘‘Child Survival and Health Programs 

Fund’’, not less than $35,000,000 shall be made available for assistance for Nicaragua. 

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DISABILITY ACCESS

SEC. 587. The Administrator of the United States Agency for 

International Development (‘‘USAID’’) shall seek to ensure that programs, projects, and activities administered by USAID in Afghanistan comply fully with USAID’s ‘‘Policy Paper: Disability’’ issued on 

September 12, 1997: Provided, That the Administrator shall submit 

a report to the Committees on Appropriations not later than December 31, 2004, describing the manner in which the needs of people 

with disabilities were met in the development and implementation 

of USAID programs, projects, and activities in Afghanistan in fiscal 

year 2004: Provided further, That the Administrator, not later than 

180 days after enactment of this Act and in consultation, as appropriate, with other appropriate departments and agencies, the Architectural and Transportation Barriers Compliance Board, and nongovernmental organizations with expertise in the needs of people 

with disabilities, shall develop and implement appropriate standards for access for people with disabilities for construction projects 

funded by USAID. 

TRADE CAPACITY BUILDING

SEC. 588. Of the funds appropriated by this Act, under the 

headings ‘‘Trade and Development Agency’’, ‘‘Development Assistance’’, ‘‘Transition Initiatives’’, ‘‘Economic Support Fund’’, ‘‘International Affairs Technical Assistance’’, and ‘‘International Organizations and Programs’’, not less than $503,000,000 should be made 

available for trade capacity building assistance. 

WAR CRIMES IN AFRICA

SEC. 589. (a) The Congress recognizes the important contribution that the democratically elected Government of Nigeria has 

played in fostering stability in West Africa, including reaching an 

agreement with the Government of Liberia to provide relief and promote reconciliation in that nation. The Congress also recognizes the 

important contributions of other African nations and supports continued assistance aimed at resolving the conflicts that have destabilized West Africa and the Great Lakes region. 

(b) The Congress reaffirms its support for the efforts of the 

International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals 

responsible for war crimes and crimes against humanity in a timely 

manner. 

(c) Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance to the central government of a country in which individuals indicted by ICTR and 

SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such 

government is cooperating with ICTR and SCSL, including the surrender and transfer of indictees in a timely manner: Provided, That 

this subsection shall not apply to assistance provided under section 

551 of the Foreign Assistance Act of 1961 or to project assistance 

under title II of this Act: Provided further, That the United States 

shall use its voice and vote in the United Nations Security Council 

to fully support efforts by ICTR and SCSL to bring to justice individuals indicted by such tribunals in a timely manner. 

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(d) The prohibition in subsection (c) may be waived on a country by country basis if the President determines that doing so is in 

the national security interest of the United States: Provided, That 

prior to exercising such waiver authority, the President shall report 

to the Committees on Appropriations, in classified form if necessary, 

on (1) the steps being taken to obtain the cooperation of the government in surrendering the indictee in question to SCSL or ICTR; (2) 

a strategy for bringing the indictee before ICTR or SCSL; and (3) 

the justification for exercising the waiver authority. 

(e) Of the funds made available under the heading ‘‘Economic 

Support Fund’’ in Public Law 108–7, not less than $5,000,000 shall 

be made available during fiscal year 2004 for a contribution to the 

Special Court of Sierra Leone: Provided, That funds made available 

under the previous proviso shall be disbursed no later than 30 days 

after enactment of this Act. 

REPORT ON ADMISSION OF REFUGEES

SEC. 590. (a) The Secretary of State shall utilize private voluntary organizations with expertise in the protection needs of refugees in the processing of refugees overseas for admission and resettlement to the United States, and shall utilize such agencies in addition to the United Nations High Commissioner for Refugees in the 

identification and referral of refugees. 

(b) The Secretary of State should establish a system for accepting referrals of appropriate candidates for resettlement from local 

private, voluntary organizations and work to ensure that particularly vulnerable refugee groups receive special consideration for admission into the United States, including—

(1) long-stayers in countries of first asylum; 

(2) unaccompanied refugee minors; 

(3) refugees outside traditional camp settings; and 

(4) refugees in woman-headed households. 

(c) The Secretary of State shall give special consideration to—

(1) refugees of all nationalities who have close family ties 

to citizens and residents of the United States; and 

(2) other groups of refugees who are of special concern to 

the United States. 

(d) Not later than 120 days after the date of enactment of this 

Act, the Secretary of State shall submit a report to the Committees 

on Appropriations describing the steps that have been taken to implement this section.

POST DIFFERENTIALS AND DANGER PAY ALLOWANCES

SEC. 591. (a) Section 5925(a) of title 5, United States Code, is 

amended in the third sentence by inserting after ‘‘25 percent of the 

rate of basic pay’’ the following: ‘‘or, in the case of an employee of 

the United States Agency for International Development, 35 percent 

of the rate of basic pay’’. 

(b) Section 5928 of title 5, United States Code, is amended by 

inserting after ‘‘25 percent of the basic pay of the employee’’ both 

places it appears the following: ‘‘or 35 percent of the basic pay of 

the employee in the case of an employee of the United States Agency 

for International Development’’. 

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(c) Except for employees of the United States Agency for International Development stationed in Iraq and Afghanistan, the 

amendments made by subsections (a) and (b) shall not take effect 

until the same authority is enacted for employees of the Department 

of State. 

REPORT ON AZERBAIJAN

SEC. 592. Not later than 90 days after the date of the enactment 

of this Act, the Secretary of State, in consultation with the Attorney 

General, shall submit a report to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the 

Committee on International Relations and the Committee on Appropriations of the House of Representatives on the investigation of the 

murder of United States democracy worker John Alvis. Such report 

shall include—

(1) a description of the steps taken by the Government of 

Azerbaijan to further such investigation and bring to justice 

those responsible for the murder of John Alvis; 

(2) a description of the actions of the Government of Azerbaijan to cooperate with United States agencies involved in 

such investigation; and 

(3) any recommendations of the Secretary for furthering 

progress of such investigation. 

DESIGNATION OF THE GLOBAL FUND TO FIGHT AIDS, TUBERCULOSIS

AND MALARIA UNDER THE INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT

SEC. 593. The International Organizations Immunities Act (22 

U.S.C. 288 et seq.) is amended by adding at the end the following 

new section: 

‘‘SEC. 16. The provisions of this title may be extended to the 

Global Fund to Fight AIDS, Tuberculosis and Malaria in the same 

manner, to the same extent, and subject to the same conditions, as 

they may be extended to a public international organization in 

which the United States participates pursuant to any treaty or 

under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation.’’. 

CODE OF CONDUCT

SEC. 594. (a) None of the funds made available by title II under 

the heading ‘‘MIGRATION AND REFUGEE ASSISTANCE’’ or ‘‘TRANSITION

INITIATIVES’’ to provide assistance to refugees or internally displaced 

persons may be provided to an organization that has failed to adopt 

a code of conduct consistent with the Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and 

Abuse in Humanitarian Crises six core principles for the protection 

of beneficiaries of humanitarian assistance. 

(b) In administering the amounts made available for the accounts described in subsection (a), the Secretary of State and Administrator of the United States Agency for International Development shall incorporate specific policies and programs for the purpose of identifying specific needs of, and particular threats to, 

women and children at the various stages of humanitarian emergencies, especially at the onset of such emergency. 

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(c) Not later than 90 days after the date of enactment of this 

Act, the Secretary of State shall submit to the Committee on Foreign 

Relations of the Senate, the Committee on International Relations 

of the House of Representatives and the Committees on Appropriations a report on activities of the Government of the United States 

to protect women and children affected by humanitarian emergencies. The report shall include—

(1) an assessment of the specific protection needs of women 

and children at the various stages of humanitarian emergencies; 

(2) a description of which agencies and offices of the United 

States Government are responsible for addressing each aspect of 

such needs and threats; and 

(3) guidelines and recommendations for improving United 

States and international systems for the protection of women 

and children during humanitarian emergencies. 

ASSISTANCE FOR HIV/AIDS

SEC. 595. The United States Leadership Against HIV/AIDS, 

Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 

7601 et seq.) is amended—

(1) in section 202(d)(4)(A), by adding at the end the following new clause: 

‘‘(vi) for the purposes of clause (i), ‘funds contributed to 

the Global Fund from all sources’ means funds contributed 

to the Global Fund at any time during fiscal years 2004 

through 2008 that are not contributed to fulfill a commitment made for a fiscal year prior to fiscal year 2004.’’;

(2) in section 202(d)(4)(B), by adding at the end the following new clause: 

‘‘(iv) Notwithstanding clause (i), after July 31 of each 

of the fiscal years 2004 through 2008, any amount made 

available under this subsection that is withheld by reason 

of subparagraph (A)(i) is authorized to be made available 

to carry out sections 104A, 104B, and 104C of the Foreign 

Assistance Act of 1961 (as added by title III of this Act).’’; 

and 

(3) in section 301(f), by inserting ‘‘, except that this subsection shall not apply to the Global Fund to Fight AIDS, Tuberculosis and Malaria, the World Health Organization, the 

International AIDS Vaccine Initiative or to any United Nations 

agency’’ after ‘‘trafficking’’. 

TECHNICAL CORRECTION RELATING TO THE ENHANCED HIPC

INITIATIVE

SEC. 596. Section 1625(a)(1)(B)(ii) of the International Financial Institutions Act (as added by section 501 of the United States 

Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 

2003 (Public Law 108–25)) is amended by striking ‘‘subparagraph 

(A)’’ and inserting ‘‘clause (i)’’. 

INDONESIA

SEC. 597. (a) Funds appropriated by this Act under the heading 

‘‘Foreign Military Financing Program’’ may be made available for 

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assistance for Indonesia, and licenses may be issued for the export 

of lethal defense articles for the Indonesian Armed Forces, only if 

the President certifies to the appropriate congressional committees 

that—

(1) the Indonesia Minister of Defense is suspending from 

the Armed Forces those members, of whatever rank, who have 

been credibly alleged to have committed gross violations of 

human rights, or to have aided or abetted militia groups; 

(2) the Indonesian Government is prosecuting those members of the Indonesian Armed Forces, of whatever rank, who 

have been credibly alleged to have committed gross violations of 

human rights, or to have aided or abetted militia groups, and 

is punishing those members of the Indonesian Armed Forces 

found to have committed such violations of human rights or to 

have aided or abetted militia groups; 

(3) the Indonesian Armed Forces are cooperating with civilian prosecutors and judicial authorities in Indonesia and with 

the joint United Nations-East Timor Serious Crimes Unit 

(SCU) in such cases (including extraditing those indicted by the 

SCU to East Timor and providing access to witnesses, relevant 

military documents, and other requested information); and 

(4) the Minister of Defense is making publicly available audits of receipts and expenditures of the Indonesian Armed 

Forces. 

(b) Congress notes that the Indonesian Government and Armed 

Forces have pledged to cooperate with the Federal Bureau of Investigation with respect to its investigation into the August 31, 2002, 

murders of two American citizens and one Indonesian citizen in 

Timika, Indonesia. Therefore, funds appropriated under the heading ‘‘INTERNATIONAL MILITARY EDUCATION AND TRAINING’’ may be made available for Indonesia if the Secretary of State 

determines and reports to the appropriate congressional committees 

that the Indonesian Government and Armed Forces are cooperating 

with the Federal Bureau of Investigation’s investigation: Provided, 

That this restriction shall not apply to expanded international military education and training, which may include English language 

training. 

RELIGIOUS FREEDOM REPORT

SEC. 598. The assessment and description of violations of religious freedom contained in the report required by section 

102(b)(1)(B) of the International Religious Freedom Act of 1998 (22 

U.S.C. 6412 (b)(1)(B)) shall include a description of persecution targeted at specific religions, including acts of anti-Semitism, by individuals or organizations designated as terrorist organizations by the 

Secretary of State under section 219 of the Immigration and Nationality Act, as amended. 

DELIVERY OF ASSISTANCE BY AIR

SEC. 599A. The Secretary of State and the Administrator of the 

United States Agency for International Development shall seek to 

ensure that, where appropriate, dedicated air service is provided for 

transportation to areas where scheduled air service is not adequate 

to meet assistance requirements on a timely basis: Provided, That 

to the maximum extent practicable and in a manner consistent with 

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the use of full and open competition (as that term is defined in section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 

403(6)), contracts for such dedicated air service shall be entered into 

with United States air carriers. 

MODIFICATION ON REPORTING REQUIREMENTS

SEC. 599B. (a) Section 3204(f) of the Emergency Supplemental 

Act, 2000 (Public Law 106–246) is amended—

(1) in the heading, by striking ‘‘BIMONTHLY’’ and inserting ‘‘QUARTERLY’’; 

(2) by striking ‘‘60’’ and inserting ‘‘90’’; and 

(3) by striking ‘‘Congress’’ and inserting ‘‘the appropriate 

congressional committees’’; 

(b) The report required by sections 3204(e) of the Emergency 

Supplemental Act, 2000 (Public Law 106–246) is amended by striking ‘‘Congress’’ and inserting ‘‘the appropriate congressional committees’’; 

(c) Subsection (a) of section 803 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001, 

Appendix A of Public Law 106–429 (as enacted by section 101(a) of 

such Public Law) is hereby repealed. 

CPA DETAILEES

SEC. 599C. The Office of Personnel Management shall provide 

the House and Senate Committees on Appropriations a report of the 

number of Federal employees detailed from each executive agency to 

the Coalition Provisional Authority in Iraq on the date of enactment 

of this Act: Provided, That the report shall identify by agency the 

number of non-reimbursable and reimbursable detailees and shall 

be submitted to the House and Senate Committees on Appropriations by February 1, 2004: Provided further, That the report shall 

be updated and submitted on a quarterly basis until May, 2005.

TITLE VI—MILLENNIUM CHALLENGE ACT OF 2003

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Millennium Challenge Act of 

2003’’. 

SEC. 602. PURPOSES. 

The purposes of this title are—

(1) to provide United States assistance for global development through the Millennium Challenge Corporation, as described in section 604; and 

(2) to provide such assistance in a manner that promotes 

economic growth and the elimination of extreme poverty and 

strengthens good governance, economic freedom, and investments in people. 

SEC. 603. DEFINITIONS. 

In this title: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means—

(A) the Committee on International Relations and the 

Committee on Appropriations of the House of Representatives; and 

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(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. 

(2) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Corporation established pursuant to section 604(c). 

(3) CANDIDATE COUNTRY.—The term ‘‘candidate country’’ 

means a country that meets the requirements of section 606. 

(4) CHIEF EXECUTIVE OFFICER.—The term ‘‘Chief Executive 

Officer’’ means the chief executive officer of the Corporation appointed pursuant to section 604(b). 

(5) COMPACT.—The term ‘‘Compact’’ means a Millennium 

Challenge Compact described in section 609. 

(6) CORPORATION.—The term ‘‘Corporation’’ means the Millennium Challenge Corporation established by section 604(a). 

(7) ELIGIBLE COUNTRY.—The term ‘‘eligible country’’ means 

a candidate country that is determined, under section 607, to 

be an eligible country to receive assistance under section 605. 

SEC. 604. ESTABLISHMENT AND MANAGEMENT OF THE MILLENNIUM 

CHALLENGE CORPORATION. 

(a) ESTABLISHMENT.—There is established in the executive 

branch a corporation to be known as the ‘‘Millennium Challenge 

Corporation’’ that shall be responsible for carrying out this title. The 

Corporation shall be a government corporation, as defined in section 

103 of title 5, United States Code. 

(b) CHIEF EXECUTIVE OFFICER.— (1) IN GENERAL.—There shall be in the Corporation a Chief 

Executive Officer who shall be responsible for the management 

of the Corporation. 

(2) APPOINTMENT.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the Chief Executive Officer shall be appointed by the 

President, by and with the advice and consent of the Senate. 

(B) INTERIM CEO.—The members of the Board of Directors described in subsection (c)(3)(A) may designate by 

unanimous consent in writing an individual who is an officer within any Federal department or agency (and who has 

been appointed to such position by the President, by and 

with the advice and consent of the Senate) to carry out the 

duties described in this subsection until the Chief Executive 

Officer is appointed pursuant to subparagraph (A). 

(3) RELATIONSHIP TO BOARD.—The Chief Executive Officer 

shall report to and be under the direct authority of the Board. 

(4) COMPENSATION AND RANK.—

(A) IN GENERAL.—The Chief Executive Officer shall be 

compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5, United States 

Code, and shall have the equivalent rank of Deputy Secretary. 

(B) AMENDMENT.—Section 5313 of title 5, United 

States Code, is amended by adding at the end the following: 

‘‘Chief Executive Officer, Millennium Challenge Corporation.’’. 

(5) AUTHORITIES AND DUTIES.—The Chief Executive Officer 

shall be responsible for the management of the Corporation and 

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shall exercise the powers and discharge the duties of the Corporation. 

(6) AUTHORITY TO APPOINT OFFICERS.—In consultation and 

with approval of the Board, the Chief Executive Officer shall 

appoint all officers of the Corporation. 

(c) BOARD OF DIRECTORS.— (1) ESTABLISHMENT.—There shall be in the Corporation a 

Board of Directors. 

(2) DUTIES.—The Board shall perform the functions specified to be carried out by the Board in this title and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Corporation may be conducted and in which the powers granted to 

it by law may be exercised. 

(3) MEMBERSHIP.—The Board shall consist of—

(A) the Secretary of State, the Secretary of the Treasury, the Administrator of the United States Agency for 

International Development, the Chief Executive Officer of 

the Corporation, and the United States Trade Representative; and 

(B) four other individuals with relevant international 

experience who shall be appointed by the President, by and 

with the advice and consent of the Senate, of which—

(i) one individual should be appointed from among 

a list of individuals submitted by the majority leader 

of the House of Representatives; 

(ii) one individual should be appointed from 

among a list of individuals submitted by the minority 

leader of the House of Representatives; 

(iii) one individual should be appointed from 

among a list of individuals submitted by the majority 

leader of the Senate; and 

(iv) one individual should be appointed from 

among a list of individuals submitted by the minority 

leader of the Senate. 

(4) TERMS.— (A) OFFICERS OF THE FEDERAL GOVERNMENT.—Each 

member of the Board described in paragraph (3)(A) shall 

serve for a term that is concurrent with the term of service 

of the individual’s position as an officer within the other 

Federal department or agency. 

(B) OTHER MEMBERS.—Each member of the Board described in paragraph (3)(B) shall be appointed for a term 

of 3 years and may be reappointed for a term of an additional 2 years. 

(C) VACANCIES.—A vacancy in the Board shall be filled 

in the manner in which the original appointment was 

made. 

(5) CHAIRPERSON.—There shall be a Chairperson of the 

Board. The Secretary of State shall serve as the Chairperson. 

(6) QUORUM.—A majority of the members of the Board 

shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on the 

date of the enactment of this Act, shall include at least one 

member of the Board described in paragraph (3)(B). 

213

(7) MEETINGS.—The Board shall meet at the call of the 

Chairperson. 

(8) COMPENSATION.—

(A) OFFICERS OF THE FEDERAL GOVERNMENT.—

(i) IN GENERAL.—A member of the Board described 

in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member’s service 

on the Board. 

(ii) TRAVEL EXPENSES.—Each such member of the 

Board shall receive travel expenses, including per diem 

in lieu of subsistence, in accordance with applicable 

provisions under subchapter I of chapter 57 of title 5, 

United States Code. 

(B) OTHER MEMBERS.—

(i) IN GENERAL.—Except as provided in clause (ii), 

a member of the Board described in paragraph (3)(B)—

(I) shall be paid compensation out of funds 

made available for the purposes of this title at the 

daily equivalent of the highest rate payable under 

section 5332 of title 5, United States Code, for each 

day (including travel time) during which the member is engaged in the actual performance of duties 

as a member of the Board; and 

(II) while away from the member’s home or 

regular place of business on necessary travel in the 

actual performance of duties as a member of the 

Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, 

United States Code. 

(ii) LIMITATION.—A member of the Board may not 

be paid compensation under clause (i)(II) for more than 

90 days in any calendar year. 

SEC. 605. AUTHORIZATION OF ASSISTANCE. 

(a) ASSISTANCE.—Notwithstanding any other provision of law 

(other than a provision of this title), the Board, acting through the 

Chief Executive Officer, is authorized to provide assistance under 

this section for each country that enters into a Millennium Challenge Compact with the United States pursuant to section 609 to 

support policies and programs that advance the progress of the 

country in achieving lasting economic growth and poverty reduction 

and are in furtherance of the purposes of this title. 

(b) FORM OF ASSISTANCE.—Assistance under this section may 

be provided in the form of grants, cooperative agreements, or contracts to or with eligible entities described in subsection (c). Assistance under this section may not be provided in the form of loans. 

(c) ELIGIBLE ENTITIES.—An eligible entity referred to in subsection (b) is—

(1) the national government of the eligible country; 

(2) regional or local governmental units of the country; or 

(3) a nongovernmental organization or a private entity. 

(d) APPLICATION.—The Chief Executive Officer, in consultation 

with the Board and working with eligible countries selected by the 

Board for negotiation of Compacts, should develop and recommend 

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procedures for considering solicited and unsolicited proposals in 

Compacts prior to an approval of the Compacts by the Board. 

(e) LIMITATIONS.— (1) PROHIBITION ON MILITARY ASSISTANCE AND TRAINING.— Assistance under this section may not include military assistance or military training for a country. 

(2) PROHIBITION ON ASSISTANCE RELATING TO UNITED

STATES JOB LOSS OR PRODUCTION DISPLACEMENT.—Assistance 

under this section may not be provided for any project that is 

likely to cause a substantial loss of United States jobs or a substantial displacement of United States production. 

(3) PROHIBITION ON ASSISTANCE RELATING TO ENVIRON- MENTAL, HEALTH, OR SAFETY HAZARDS.—Assistance under this 

section may not be provided for any project that is likely to 

cause a significant environmental, health, or safety hazard. 

(4) PROHIBITION ON USE OF FUNDS FOR ABORTIONS AND IN- VOLUNTARY STERILIZATIONS.—The prohibitions on use of funds 

contained in paragraphs (1) through (3) of section 104(f) of the 

Foreign Assistance Act of 1961 (22 U.S.C. 2151b(f)(1)–(3)) shall 

apply to funds made available to carry out this section to the 

same extent and in the same manner as such prohibitions apply 

to funds made available to carry out part I of such Act. The 

prohibition on use of funds contained in any provision of law 

comparable to the eleventh and fourteenth provisos under the 

heading ‘‘Child Survival and Health Programs Fund’’ of division E of Public Law 108–7 (117 Stat. 162) shall apply to funds 

made available to carry out this section for fiscal year 2004. 

(f) COORDINATION.—The provision of assistance under this section shall be coordinated with other United States foreign assistance 

programs. 

SEC. 606. CANDIDATE COUNTRIES. 

(a) LOW INCOME COUNTRIES.— (1) FISCAL YEAR 2004.—A country shall be a candidate 

country for purposes of eligibility for assistance for fiscal year 

2004 if—

(A) the country is eligible for assistance from the International Development Association, and the per capita income of the country is equal to or less than the historical 

ceiling of the International Development Association for 

that year, as defined by the International Bank for Reconstruction and Development; and 

(B) subject to paragraph (3), the country is not ineligible to receive United States economic assistance under 

part I of the Foreign Assistance Act of 1961 by reason of 

the application of any provision of the Foreign Assistance 

Act of 1961 or any other provision of law. 

(2) FISCAL YEAR 2005 AND SUBSEQUENT FISCAL YEARS.—A 

country shall be a candidate country for purposes of eligibility 

for assistance for fiscal year 2005 or a subsequent fiscal year 

if—

(A) the per capita income of the country is equal to or 

less than the historical ceiling of the International Development Association for the fiscal year involved, as defined by 

the International Bank for Reconstruction and Development; and 

215

(B) the country meets the requirements of paragraph 

(1)(B). 

(3) RULE OF CONSTRUCTION.—For the purposes of determining whether a country is eligible for receiving assistance 

under section 605 pursuant to paragraph (1)(B), the exercise by 

the President, the Secretary of State, or any other officer or employee of the United States of any waiver or suspension of any 

provision of law referred to in such paragraph, and notification 

to the appropriate congressional committees in accordance with 

such provision of law, shall be construed as satisfying the requirement of such paragraph. 

(b) LOWER MIDDLE INCOME COUNTRIES.—

(1) IN GENERAL.—In addition to countries described in subsection (a), a country shall be a candidate country for purposes 

of eligibility for assistance for fiscal year 2006 or a subsequent 

fiscal year if the country—

(A) is classified as a lower middle income country in 

the then most recent edition of the World Development Report for Reconstruction and Development published by the 

International Bank for Reconstruction and Development 

and has an income greater than the historical ceiling for 

International Development Association eligibility for the fiscal year involved; and 

(B) meets the requirements of subsection (a)(1)(B). 

(2) LIMITATION.—The total amount of assistance provided 

to countries described in paragraph (1) for fiscal year 2006 or 

any subsequent fiscal year may not exceed 25 percent of the 

total amount of assistance provided to all countries under section 605 for fiscal year 2006 or the subsequent fiscal year, as 

the case may be.

(c) IDENTIFICATION BY THE BOARD.—The Board shall identify 

whether a country is a candidate country for purposes of this section. 

SEC. 607. ELIGIBLE COUNTRIES. 

(a) DETERMINATION BY THE BOARD.—The Board shall determine whether a candidate country is an eligible country for purposes of this section. Such determination shall be based, to the maximum extent possible, upon objective and quantifiable indicators of 

a country’s demonstrated commitment to the criteria in subsection 

(b), and shall, where appropriate, take into account and assess the 

role of women and girls. 

(b) CRITERIA.—A candidate country should be considered to be 

an eligible country for purposes of this section if the Board determines that the country has demonstrated a commitment to—

(1) just and democratic governance, including a demonstrated commitment to—

(A) promote political pluralism, equality, and the rule 

of law; 

(B) respect human and civil rights, including the rights 

of people with disabilities; 

(C) protect private property rights; 

(D) encourage transparency and accountability of government; and 

(E) combat corruption; 

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(2) economic freedom, including a demonstrated commitment to economic policies that—

(A) encourage citizens and firms to participate in global trade and international capital markets; 

(B) promote private sector growth and the sustainable 

management of natural resources; 

(C) strengthen market forces in the economy; and 

(D) respect worker rights, including the right to form 

labor unions; and 

(3) investments in the people of such country, particularly 

women and children, including programs that—

(A) promote broad-based primary education; and 

(B) strengthen and build capacity to provide quality 

public health and reduce child mortality. 

(c) SELECTION BY THE BOARD.— (1) IN GENERAL.—At the time the Board determines eligible 

countries under this section for a fiscal year, the Board shall 

select those eligible countries with respect to which the United 

States will initially seek to enter into a Millennium Challenge 

Compact pursuant to section 609. 

(2) FACTORS.—In selecting eligible countries under paragraph (1), the Board shall consider the following factors: 

(A) The extent to which the country clearly meets or exceeds the eligibility criteria. 

(B) The opportunity to reduce poverty and generate economic growth in the country. 

(C) The availability of amounts to carry out this title. 

(d) ESTABLISHMENT OF CRITERIA AND METHODOLOGY.—The criteria and methodology submitted by the Board to Congress and published in the Federal Register under section 608(b)(2) with respect 

to a fiscal year shall remain fixed for purposes of eligibility determinations for such year. 

(e) ANNUAL MODIFICATION OF CRITERIA AND METHODOLOGY.— As appropriate, the Board, acting through the Chief Executive Officer, shall review the eligibility criteria and methodology and modify 

such criteria and methodology in subsequent years consistent with 

section 608(b). 

SEC. 608. CONGRESSIONAL AND PUBLIC NOTIFICATION OF CANDIDATE 

COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE COUNTRIES. 

(a) IDENTIFICATION OF CANDIDATE COUNTRIES.—Not later than 

90 days prior to the date on which the Board determines eligible 

countries under section 607 for a fiscal year, the Chief Executive Officer—

(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of all candidate 

countries identified under section 606, and all countries that 

would be candidate countries if the countries met the requirement contained in section 606(a)(1)(B), for the fiscal year; and 

(2) shall publish in the Federal Register the information 

contained in the report described in paragraph (1). 

(b) IDENTIFICATION OF ELIGIBILITY CRITERIA AND METHOD- OLOGY.—Not later than 60 days prior to the date on which the 

Board determines eligible countries under section 607 for a fiscal 

year, the Chief Executive Officer—

217

(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of the criteria 

and methodology described in subsections (a) and (b) of section 

607 that will be used to determine eligibility for each candidate 

country identified under subsection (a);

(2) shall publish in the Federal Register the information 

contained in the report described in paragraph (1); and 

(3) may conduct one or more public hearings on the eligibility criteria and methodology. 

(c) PUBLIC COMMENT AND CONGRESSIONAL CONSULTATION.— (1) PUBLIC COMMENT.—The Chief Executive Officer shall, 

for the 30-day period beginning on the date of publication in 

the Federal Register of the information contained in the report 

described in subsection (b)(1), accept public comment and consider such comment for purposes of determining eligible countries under section 607. 

(2) CONGRESSIONAL CONSULTATION.—The Chief Executive 

Officer shall consult with the appropriate congressional committees on the extent to which the candidate countries meet the 

criteria described in section 607(b). 

(d) IDENTIFICATION OF ELIGIBLE COUNTRIES.—Not later than 5 

days after the date on which the Board determines eligible countries 

under section 607 for a fiscal year, the Chief Executive Officer—

(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of all such eligible countries, an identification of those countries on such list 

with respect to which the Board will seek to enter into a Compact under section 609, and a justification for such eligibility 

determination and selection for Compact negotiation; and 

(2) shall publish in the Federal Register the information 

contained in the report described in paragraph (1). 

SEC. 609. MILLENNIUM CHALLENGE COMPACT. 

(a) COMPACT.—The Board, acting through the Chief Executive 

Officer of the Corporation, may provide assistance for an eligible 

country only if the country enters into an agreement with the United 

States, to be known as a ‘‘Millennium Challenge Compact’’, that establishes a multi-year plan for achieving shared development objectives in furtherance of the purposes of this title. 

(b) ELEMENTS.— (1) IN GENERAL.—The Compact should take into account 

the national development strategy of the eligible country and 

shall contain—

(A) the specific objectives that the country and the 

United States expect to achieve during the term of the Compact; 

(B) the responsibilities of the country and the United 

States in the achievement of such objectives; 

(C) regular benchmarks to measure, where appropriate, 

progress toward achieving such objectives; 

(D) an identification of the intended beneficiaries, 

disaggregated by income level, gender, and age, to the maximum extent practicable; 

(E) a multi-year financial plan, including the estimated amount of contributions by the Corporation and the 

country and proposed mechanisms to implement the plan 

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and provide oversight, that describes how the requirements 

of subparagraphs (A) through (D) will be met, including 

identifying the role of civil society in the achievement of 

such requirements; 

(F) where appropriate, a description of the current and 

potential participation of other donors in the achievement 

of such objectives; 

(G) a plan to ensure appropriate fiscal accountability 

for the use of assistance provided under section 605; 

(H) where appropriate, a process or processes for consideration of solicited proposals under the Compact as well 

as a process for consideration of unsolicited proposals by 

the Corporation and national, regional, or local units of 

government; 

(I) a requirement that open, fair, and competitive procedures are used in a transparent manner in the administration of grants or cooperative agreements or the procurement of goods and services for the accomplishment of objectives under the Compact; 

(J) the strategy of the eligible country to sustain 

progress made toward achieving such objectives after expiration of the Compact; and 

(K) a description of the role of the United States Agency for International Development in any design, implementation, and monitoring of programs and activities funded 

under the Compact. 

(2) LOWER MIDDLE INCOME COUNTRIES.—In addition to the 

elements described in subparagraphs (A) through (K) of paragraph (1), with respect to a lower middle income country described in section 606(b), the Compact shall identify a contribution, as appropriate, from the country relative to its national 

budget, taking into account the prevailing economic conditions, 

toward meeting the objectives of the Compact. Any such contribution should be in addition to government spending allocated for such purposes in the country’s budget for the year immediately preceding the establishment of the Compact and 

should continue for the duration of the Compact. 

(3) DEFINITION.—In this subsection, the term ‘‘national development strategy’’ means any strategy to achieve market-driven economic growth and eliminate extreme poverty that has 

been developed by the government of the country in consultation 

with a wide variety of civic participation, including nongovernmental organizations, private and voluntary organizations, academia, women’s and student organizations, local trade and 

labor unions, and the business community. 

(c) ADDITIONAL PROVISION RELATING TO PROHIBITION ON TAXATION.—In addition to the elements described in subsection (c), each 

Compact shall contain a provision that states that assistance provided by the United States under the Compact shall be exempt from 

taxation by the government of the eligible country. 

(d) LOCAL INPUT.—In entering into a Compact, the United 

States shall seek to ensure that the government of an eligible country—

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(1) takes into account the local-level perspectives of the 

rural and urban poor, including women, in the eligible country; 

and 

(2) consults with private and voluntary organizations, the 

business community, and other donors in the eligible country. 

(e) CONSULTATION.—During any discussions with a country for 

the purpose of entering into a Compact with the country, officials 

of the Corporation participating in such discussions shall, at a minimum, consult with appropriate officials of the United States Agency for International Development, particularly with those officials 

responsible for the appropriate region or country on development 

issues related to the Compact. 

(f) COORDINATION WITH OTHER DONORS.—To the maximum extent feasible, activities undertaken to achieve the objectives of the 

Compact shall be undertaken in coordination with the assistance 

activities of other donors. 

(g) ASSISTANCE FOR DEVELOPMENT OF COMPACT.—Notwithstanding subsection (a), the Chief Executive Officer may enter into 

contracts or make grants for any eligible country for the purpose of 

facilitating the development and implementation of the Compact between the United States and the country. 

(h) REQUIREMENT FOR APPROVAL BY THE BOARD.—Each Compact shall be approved by the Board before the United States enters 

into the Compact. 

(i) INCREASE OR EXTENSION OF ASSISTANCE UNDER A COMPACT.—Not later than 15 days after making a determination to increase or extend assistance under a Compact with an eligible country, the Board, acting through the Chief Executive Officer—

(1) shall prepare and transmit to the appropriate congressional committees a written report and justification that contains a detailed summary of the proposed increase in or extension of assistance under the Compact and a copy of the full text 

of the amendment to the Compact; and 

(2) shall publish a detailed summary, full text, and justification of the proposed increase in or extension of assistance 

under the Compact in the Federal Register and on the Internet 

website of the Corporation. 

(j) DURATION OF COMPACT.—The duration of a Compact shall 

not exceed 5 years. 

(k) SUBSEQUENT COMPACTS.—An eligible country and the 

United States may enter into and have in effect only one Compact 

at any given time under this section. An eligible country and the 

United States may enter into one or more subsequent Compacts in 

accordance with the requirements of this title after the expiration of 

the existing Compact. 

SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT. 

(a) CONGRESSIONAL CONSULTATION PRIOR TO COMPACT NEGOTIATIONS.—Not later than 15 days prior to the start of negotiations 

of a Compact with an eligible country, the Board, acting through 

the Chief Executive Officer—

(1) shall consult with the appropriate congressional committees with respect to the proposed Compact negotiation; and 

(2) shall identify the objectives and mechanisms to be used 

for the negotiation of the Compact. 

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(b) CONGRESSIONAL AND PUBLIC NOTIFICATION AFTER ENTERING INTO A COMPACT.—Not later than 10 days after entering into 

a Compact with an eligible country, the Board, acting through the 

Chief Executive Officer—

(1) shall provide notification of the Compact to the appropriate congressional committees, including a detailed summary 

of the Compact and a copy of the text of the Compact; and 

(2) shall publish such detailed summary and the text of the 

Compact in the Federal Register and on the Internet website of 

the Corporation. 

SEC. 611. SUSPENSION AND TERMINATION OF ASSISTANCE. 

(a) SUSPENSION AND TERMINATION OF ASSISTANCE.—After consultation with the Board, the Chief Executive Officer may suspend 

or terminate assistance in whole or in part for a country or entity 

under section 605 if the Chief Executive Officer determines that—

(1) the country or entity is engaged in activities which are 

contrary to the national security interests of the United States; 

(2) the country or entity has engaged in a pattern of actions 

inconsistent with the criteria used to determine the eligibility of 

the country or entity, as the case may be; or 

(3) the country or entity has failed to adhere to its responsibilities under the Compact. 

(b) REINSTATEMENT.—The Chief Executive Officer may reinstate 

assistance for a country or entity under section 605 only if the Chief 

Executive Officer determines that the country or entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (a).

(c) CONGRESSIONAL NOTIFICATION.—Not later than 3 days after 

the date on which the Chief Executive Officer suspends or terminates assistance under subsection (a) for a country or entity, or reinstates assistance under subsection (b) for a country or entity, the 

Chief Executive Officer shall submit to the appropriate congressional committees a report that contains the determination of the 

Chief Executive Officer under subsection (a) or subsection (b), as the 

case may be. 

(d) RULE OF CONSTRUCTION.—The authority to suspend or terminate assistance under this section includes the authority to suspend or terminate obligations and sub-obligations. 

SEC. 612. DISCLOSURE. 

(a) REQUIREMENT FOR DISCLOSURE.—The Corporation shall 

make available to the public on at least a quarterly basis, the following information: 

(1) For assistance provided under section 605—

(A) the name of each entity to which assistance is provided; 

(B) the amount of assistance provided to the entity; and 

(C) a description of the program or project, including—

(i) a description of whether the program or project 

was solicited or unsolicited; and 

(ii) a detailed description of the objectives and 

measures for results of the program or project. 

(2) For funds allocated or transferred under section 

619(b)—

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(A) the name of each United States Government agency 

to which such funds are transferred or allocated; 

(B) the amount of funds transferred or allocated to 

such agency; and 

(C) a description of the program or project to be carried 

out by such agency with such funds. 

(b) DISSEMINATION.—The information required to be disclosed 

under subsection (a) shall be made available to the public by means 

of publication in the Federal Register and on the Internet website 

of the Corporation, as well as by any other methods that the Board 

determines appropriate. 

SEC. 613. ANNUAL REPORT. 

(a) REPORT.—Not later than March 31, 2005, and each March 

31 thereafter, the President shall submit to Congress a report on the 

assistance provided under section 605 during the prior fiscal year. 

(b) CONTENTS.—The report shall include the following: 

(1) The amount of obligations and expenditures for assistance provided to each eligible country during the prior fiscal 

year. 

(2) For each eligible country, an assessment of—

(A) the progress made during each year by the country 

toward achieving the objectives set out in the Compact entered into by the country; and 

(B) the extent to which assistance provided under section 605 has been effective in helping the country to achieve 

such objectives. 

(3) A description of the coordination of assistance provided 

under section 605 with other United States foreign assistance 

and related trade policies. 

(4) A description of the coordination of assistance provided 

under section 605 with assistance provided by other donor 

countries. 

(5) Any other information the President considers relevant 

with respect to assistance provided under section 605. 

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

(a) POWERS.—The Corporation—

(1) shall have perpetual succession unless dissolved by a 

law enacted after the date of the enactment of this Act; 

(2) may adopt, alter, and use a seal, which shall be judicially noticed; 

(3) may make and perform such contracts, grants, and 

other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Corporation; 

(4) may determine and prescribe the manner in which its 

obligations shall be incurred and its expenses allowed and 

paid, including expenses for representation; 

(5) may lease, purchase, or otherwise acquire, improve, and 

use such real property wherever situated, as may be necessary 

for carrying out the functions of the Corporation; 

(6) may accept cash gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, for the 

purpose of carrying out the provisions of this title;

222

(7) may use the United States mails in the same manner 

and on the same conditions as the Executive departments; 

(8) may contract with individuals for personal services, 

who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management; 

(9) may hire or obtain passenger motor vehicles; and 

(10) shall have such other powers as may be necessary and 

incident to carrying out this title. 

(b) PRINCIPAL OFFICE.—The Corporation shall maintain its 

principal office in the metropolitan area of Washington, District of 

Columbia. 

(c) POSITIONS WITH FOREIGN GOVERNMENTS.—When approved 

by the Chief Executive Officer, for purposes of implementing a Compact, employees of the Corporation (including individuals detailed 

to the Corporation) may accept and hold offices or positions to 

which no compensation is attached with governments or governmental agencies of foreign countries or with international organizations. 

(d) OTHER AUTHORITIES.—Except to the extent inconsistent with 

the provisions of this title, the administrative authorities contained 

in the State Department Basic Authorities Act of 1956 (22 U.S.C. 

2651a et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 

2151 et seq.) shall apply to the implementation of this title to the 

same extent and in the same manner as such authorities apply to 

the implementation of those Acts. 

(e) APPLICABILITY OF GOVERNMENT CORPORATION CONTROL

ACT.— (1) IN GENERAL.—The Corporation shall be subject to chapter 91 of subtitle VI of title 31, United States Code, except that 

the Corporation shall not be authorized to issue obligations or 

offer obligations to the public. 

(2) CONFORMING AMENDMENT.—Section 9101(3) of title 31, 

United States Code, is amended by adding at the end the following: 

‘‘(Q) the Millennium Challenge Corporation.’’. 

(f) INSPECTOR GENERAL.— (1) IN GENERAL.—The Inspector General of the United 

States Agency for International Development shall serve as Inspector General of the Corporation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of 

all aspects of the operations and activities of the Corporation. 

(2) AUTHORITY OF THE BOARD.—In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board. 

(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES.—

(A) REIMBURSEMENT.—The Corporation shall reimburse the United States Agency for International Development for all expenses incurred by the Inspector General in 

connection with the Inspector General’s responsibilities 

under this subsection. 

(B) AUTHORIZATION FOR SERVICES.—Of the amount authorized to be appropriated under section 619(a) for a fiscal 

year, up to $5,000,000 is authorized to be made available 

to the Inspector General of the United States Agency for 

223

International Development to conduct reviews, investigations, and inspections of operations and activities of the 

Corporation. 

(g) SPECIAL ASSISTANCE.— (1) IN GENERAL.—The Chief Executive Officer is authorized 

to contract with any nongovernmental organization (including 

a university, independent foundation, or other organization) in 

the United States or in a candidate country, and, where appropriate, directly with a governmental agency of any such country, that is undertaking research aimed at improving data related to eligibility criteria under this title with respect to the 

country. 

(2) FUNDING.—Of the amount authorized to be appro- priated under section 619(a) for a fiscal year, up to $5,000,000 

is authorized to be made available to carry out paragraph (1). 

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

(a) REQUIREMENT FOR COORDINATION.—The Chief Executive Officer shall consult with the Administrator of the United States 

Agency for International Development in order to coordinate the activities of the Corporation with the activities of the Agency. 

(b) USAID PROGRAMS.—The Administrator of the United States 

Agency for International Development shall seek to ensure that appropriate programs of the Agency play a primary role in preparing 

candidate countries to become eligible countries. 

SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES. 

(a) AUTHORIZATION.—The Board, acting through the Chief Executive Officer, is authorized to provide assistance to a candidate 

country described in subsection (b) for the purpose of assisting such 

country to become an eligible country. 

(b) CANDIDATE COUNTRY DESCRIBED.—A candidate country referred to in subsection (a) is a candidate country that— 

(1) satisfies the requirements contained in subparagraphs 

(A) and (B) of section 606(a)(1); and 

(2) demonstrates a significant commitment to meet the requirements of section 607(b) but fails to meet such requirements 

(including by reason of the absence or unreliability of data). 

(c) ADMINISTRATION.—Assistance under this section may be provided through the United States Agency for International Development. 

(d) FUNDING.—Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 619(a) for fiscal year 2004 is authorized to be made available 

to carry out this section. 

SEC. 617. GENERAL PERSONNEL AUTHORITIES. 

(a) DETAIL OF PERSONNEL.—Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such 

agency to the Corporation on a reimbursable basis. Any employee so 

detailed remains, for the purpose of preserving such employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed. 

(b) REEMPLOYMENT RIGHTS.—

(1) IN GENERAL.—An employee of an agency who is serving 

under a career or career conditional appointment (or the equivVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00227 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
224

alent), and who, with the consent of the head of such agency, 

transfers to the Corporation, is entitled to be reemployed in 

such employee’s former position or a position of like seniority, 

status, and pay in such agency, if such employee—

(A) is separated from the Corporation for any reason, 

other than misconduct, neglect of duty, or malfeasance; and 

(B) applies for reemployment not later than 90 days 

after the date of separation from the Corporation. 

(2) SPECIFIC RIGHTS.—An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such 

paragraph) within 30 days after applying for reemployment 

and, on reemployment, is entitled to at least the rate of basic 

pay to which such employee would have been entitled had such 

employee never transferred. 

(c) HIRING AUTHORITY.—Of persons employed by the Corporation, not to exceed 30 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations. 

(d) BASIC PAY.—The Chief Executive Officer may fix the rate of 

basic pay of employees of the Corporation without regard to the provisions of chapter 51 of title 5, United States Code (relating to the 

classification of positions), subchapter III of chapter 53 of such title 

(relating to General Schedule pay rates), except that no employee of 

the Corporation may receive a rate of basic pay that exceeds the rate 

for level II of the Executive Schedule under section 5313 of such 

title. 

(e) DEFINITIONS.—In this section—

(1) the term ‘‘agency’’ means an Executive agency, as defined by section 105 of title 5, United States Code; and 

(2) the term ‘‘detail’’ means the assignment or loan of an 

employee, without a change of position, from the agency by 

which such employee is employed to the Corporation. 

SEC. 618. PERSONNEL OUTSIDE THE UNITED STATES. 

(a) ASSIGNMENT TO UNITED STATES EMBASSIES.—An employee 

of the Corporation, including an individual detailed to or contracted 

by the Corporation, may be assigned to a United States diplomatic 

mission or consular post or a United States Agency for International Development field mission. 

(b) PRIVILEGES AND IMMUNITIES.—The Secretary of State shall 

seek to ensure that an employee of the Corporation, including an individual detailed to or contracted by the Corporation, and the members of the family of such employee, while the employee is performing duties in any country or place outside the United States, 

enjoy the privileges and immunities that are enjoyed by a member 

of the Foreign Service, or the family of a member of the Foreign 

Service, as appropriate, of comparable rank and salary of such employee, if such employee or a member of the family of such employee 

is not a national of or permanently resident in such country or 

place. 

(c) RESPONSIBILITY OF CHIEF OF MISSION.—An employee of the 

Corporation, including an individual detailed to or contracted by 

the Corporation, and a member of the family of such employee, shall 

be subject to section 207 of the Foreign Service Act of 1980 (22 

U.S.C. 3927) in the same manner as United States Government employees while the employee is performing duties in any country or 

place outside the United States if such employee or member of the 

225

family of such employee is not a national of or permanently resident 

in such country or place.

SEC. 619. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this title such sums as may be necessary for each of the fiscal years 2004 and 2005. 

(b) ALLOCATION OF FUNDS.— (1) IN GENERAL.—The Corporation may allocate or transfer 

to any agency of the United States Government any of the funds 

available for carrying out this title. Such funds shall be available for obligation and expenditure for the purposes for which 

the funds were authorized, in accordance with authority granted in this title or under authority governing the activities of the 

United States Government agency to which such funds are allocated or transferred. 

(2) NOTIFICATION.—The Corporation shall notify the appropriate congressional committees not less than 15 days prior to 

an allocation or transfer of funds pursuant to paragraph (1). 

This division may be cited as the ‘‘Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 2004’’. 

DIVISION E—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS, 2004 

AN ACT 

Making appropriations for the Departments of Labor, Health and 

Human Services, and Education, and related agencies for the fiscal year ending September 30, 2004, and for other purposes. 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the Departments of Labor, 

Health and Human Services, and Education, and related agencies 

for the fiscal year ending September 30, 2004, and for other purposes, namely: 

TITLE I—DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For necessary expenses of the Workforce Investment Act of 1998, 

including the purchase and hire of passenger motor vehicles, the 

construction, alteration, and repair of buildings and other facilities, 

and the purchase of real property for training centers as authorized 

by the Workforce Investment Act of 1998; $2,697,654,000 plus reimbursements, of which $1,666,473,000 is available for obligation for 

the period July 1, 2004 through June 30, 2005; except that amounts 

determined by the Secretary of Labor to be necessary pursuant to 

sections 173(a)(4)(A) and 174(c) of such Act shall be available from 

October 1, 2003 until expended; of which $1,000,965,000 is available for obligation for the period April 1, 2004 through June 30, 

2005, to carry out chapter 4 of the Workforce Investment Act of 

1998; and of which $30,216,000 is available for the period July 1, 

2004 through June 30, 2007 for necessary expenses of construction, 

226

rehabilitation, and acquisition of Job Corps centers: Provided, That 

notwithstanding any other provision of law, of the funds provided 

herein under section 137(c) of the Workforce Investment Act of 1998, 

$276,608,000 shall be for activities described in section 132(a)(2)(A) 

of such Act and $1,180,152,000 shall be for activities described in 

section 132(a)(2)(B) of such Act: Provided further, That funds provided to carry out section 132(a)(2)(A) of the Workforce Investment 

Act may be used to provide assistance to a State for state-wide or 

local use in order to address cases where there have been worker 

dislocations across multiple sectors or across multiple local areas 

and such workers remain dislocated; coordinate the State workforce 

development plan with emerging economic development needs; and 

train such eligible dislocated workers: Provided further, That 

$9,039,000 shall be for carrying out section 172 of the Workforce Investment Act of 1998: Provided further, That, notwithstanding any 

other provision of law or related regulation, $77,330,000 shall be for 

carrying out section 167 of the Workforce Investment Act of 1998, 

including $72,213,000 for formula grants, $4,610,000 for migrant 

and seasonal housing (of which not less than 70 percent shall be for 

permanent housing), and $507,000 for other discretionary purposes: 

Provided further, That notwithstanding the transfer limitation 

under section 133(b)(4) of such Act, up to 30 percent of such funds 

may be transferred by a local board if approved by the Governor: 

Provided further, That funds provided to carry out section 171(d) of 

the Workforce Investment Act of 1998 may be used for demonstration projects that provide assistance to new entrants in the workforce and incumbent workers: Provided further, That funding provided to carry out projects under section 171 of the Workforce Investment Act of 1998 that are identified in the Conference Agreement, shall not be subject to the requirements of section 171(b)(2)(B) 

of such Act, the requirements of section 171(c)(4)(D) of such Act, the 

joint funding requirements of sections 171(b)(2)(A) and 171(c)(4)(A) 

of such Act, or any time limit requirements of sections 171(b)(2)(C) 

and 171(c)(4)(B) of such Act: Provided further, That no funds from 

any other appropriation shall be used to provide meal services at or 

for Job Corps centers.

For necessary expenses of the Workforce Investment Act of 1998, 

including the purchase and hire of passenger motor vehicles, the 

construction, alteration, and repair of buildings and other facilities, 

and the purchase of real property for training centers as authorized 

by the Workforce Investment Act of 1998; $2,463,000,000 plus reimbursements, of which $2,363,000,000 is available for obligation for 

the period October 1, 2004 through June 30, 2005, and of which 

$100,000,000 is available for the period October 1, 2004 through 

June 30, 2007, for necessary expenses of construction, rehabilitation, 

and acquisition of Job Corps centers. 

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

For payments during the current fiscal year of trade adjustment 

benefit payments and allowances under part I and section 246; and 

for training, allowances for job search and relocation, and related 

227

State administrative expenses under part II of chapter 2, title II of 

the Trade Act of 1974 (including the benefits and services described 

under sections 123(c)(2) and 151(b) and (c) of the Trade Adjustment 

Assistance Reform Act of 2002, Public Law 107–210), 

$1,338,200,000, together with such amounts as may be necessary to 

be charged to the subsequent appropriation for payments for any period subsequent to September 15 of the current year. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For authorized administrative expenses, $142,520,000, together with not to exceed $3,466,861,000 (including not to exceed 

$1,228,000 which may be used for amortization payments to States 

which had independent retirement plans in their State employment 

service agencies prior to 1980), which may be expended from the 

Employment Security Administration Account in the Unemployment 

Trust Fund including the cost of administering section 51 of the Internal Revenue Code of 1986, as amended, section 7(d) of the Wagner-Peyser Act, as amended, the Trade Act of 1974, as amended, the 

Immigration Act of 1990, and the Immigration and Nationality Act, 

as amended, and of which the sums available in the allocation for 

activities authorized by title III of the Social Security Act, as 

amended (42 U.S.C. 502–504), and the sums available in the allocation for necessary administrative expenses for carrying out 5 U.S.C. 

8501–8523, shall be available for obligation by the States through 

December 31, 2004, except that funds used for automation acquisitions shall be available for obligation by the States through September 30, 2006; of which $142,520,000, together with not to exceed 

$768,257,000 of the amount which may be expended from said trust 

fund, shall be available for obligation for the period July 1, 2004 

through June 30, 2005, to fund activities under the Act of June 6, 

1933, as amended, including the cost of penalty mail authorized 

under 39 U.S.C. 3202(a)(1)(E) made available to States in lieu of 

allotments for such purpose: Provided, That to the extent that the 

Average Weekly Insured Unemployment (AWIU) for fiscal year 2004 

is projected by the Department of Labor to exceed 3,227,000, an additional $28,600,000 shall be available for obligation for every 

100,000 increase in the AWIU level (including a pro rata amount 

for any increment less than 100,000) from the Employment Security 

Administration Account of the Unemployment Trust Fund: Provided 

further, That funds appropriated in this Act which are used to establish a national one-stop career center system, or which are used 

to support the national activities of the Federal-State unemployment 

insurance or immigration programs, may be obligated in contracts, 

grants or agreements with non-State entities: Provided further, That 

funds appropriated under this Act for activities authorized under 

the Wagner-Peyser Act, as amended, and title III of the Social Security Act, may be used by the States to fund integrated Employment 

Service and Unemployment Insurance automation efforts, notwithstanding cost allocation principles prescribed under Office of Management and Budget Circular A–87. 

ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

For repayable advances to the Unemployment Trust Fund as 

authorized by sections 905(d) and 1203 of the Social Security Act, 

228

as amended, and to the Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of the Internal Revenue Code of 1954, 

as amended; and for nonrepayable advances to the Unemployment 

Trust Fund as authorized by section 8509 of title 5, United States 

Code, and to the ‘‘Federal unemployment benefits and allowances’’ 

account, to remain available until September 30, 2005, 

$467,000,000. 

In addition, for making repayable advances to the Black Lung 

Disability Trust Fund in the current fiscal year after September 15, 

2004, for costs incurred by the Black Lung Disability Trust Fund 

in the current fiscal year, such sums as may be necessary. 

PROGRAM ADMINISTRATION

For expenses of administering employment and training pro- grams, $115,824,000, including $2,393,000 to administer welfare-towork grants, together with not to exceed $57,820,000, which may be 

expended from the Employment Security Administration Account in 

the Unemployment Trust Fund.

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employee Benefits Security Ad- ministration, $124,962,000. 

PENSION BENEFIT GUARANTY CORPORATION

PENSION BENEFIT GUARANTY CORPORATION FUND

The Pension Benefit Guaranty Corporation is authorized to 

make such expenditures, including financial assistance authorized 

by section 104 of Public Law 96–364, within limits of funds and 

borrowing authority available to such Corporation, and in accord 

with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 9104), as 

may be necessary in carrying out the program, including associated 

administrative expenses, through September 30, 2004 for such Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2004 shall be available for obligations for administrative expenses in excess of $228,772,000: Provided further, 

That obligations in excess of such amount may be incurred after approval by the Office of Management and Budget and the Committees on Appropriations of the House and Senate. 

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Employment Standards Administration, including reimbursement to State, Federal, and local 

agencies and their employees for inspection services rendered, 

$392,872,000, together with $2,036,000 which may be expended 

from the Special Fund in accordance with sections 39(c), 44(d) and 

44(j) of the Longshore and Harbor Workers’ Compensation Act: Provided, That $1,250,000 shall be for the development of an alternative system for the electronic submission of reports required to be 

229

filed under the Labor-Management Reporting and Disclosure Act of 

1959, as amended, and for a computer database of the information 

for each submission by whatever means, that is indexed and easily 

searchable by the public via the Internet: Provided further, That the 

Secretary of Labor is authorized to accept, retain, and spend, until 

expended, in the name of the Department of Labor, all sums of 

money ordered to be paid to the Secretary of Labor, in accordance 

with the terms of the Consent Judgment in Civil Action No. 91–

0027 of the United States District Court for the District of the 

Northern Mariana Islands (May 21, 1992): Provided further, That 

the Secretary of Labor is authorized to establish and, in accordance 

with 31 U.S.C. 3302, collect and deposit in the Treasury fees for 

processing applications and issuing certificates under sections 11(d) 

and 14 of the Fair Labor Standards Act of 1938, as amended (29 

U.S.C. 211(d) and 214) and for processing applications and issuing 

registrations under title I of the Migrant and Seasonal Agricultural 

Worker Protection Act (29 U.S.C. 1801 et seq.). 

SPECIAL BENEFITS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation, benefits, and expenses (except 

administrative expenses) accruing during the current or any prior 

fiscal year authorized by title 5, chapter 81 of the United States 

Code; continuation of benefits as provided for under the heading 

‘‘Civilian War Benefits’’ in the Federal Security Agency Appropriation Act, 1947; the Employees’ Compensation Commission Appropriation Act, 1944; sections 4(c) and 5(f) of the War Claims Act of 

1948 (50 U.S.C. App. 2012); and 50 percent of the additional compensation and benefits required by section 10(h) of the Longshore 

and Harbor Workers’ Compensation Act, as amended, $163,000,000, 

together with such amounts as may be necessary to be charged to 

the subsequent year appropriation for the payment of compensation 

and other benefits for any period subsequent to August 15 of the 

current year: Provided, That amounts appropriated may be used 

under section 8104 of title 5, United States Code, by the Secretary 

of Labor to reimburse an employer, who is not the employer at the 

time of injury, for portions of the salary of a reemployed, disabled 

beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2003, shall remain available until expended for the payment of compensation, benefits, and expenses: 

Provided further, That in addition there shall be transferred to this 

appropriation from the Postal Service and from any other corporation or instrumentality required under section 8147(c) of title 5, 

United States Code, to pay an amount for its fair share of the cost 

of administration, such sums as the Secretary determines to be the 

cost of administration for employees of such fair share entities 

through September 30, 2004: Provided further, That of those funds 

transferred to this account from the fair share entities to pay the 

cost of administration of the Federal Employees’ Compensation Act, 

$39,315,000 shall be made available to the Secretary as follows: (1) 

for enhancement and maintenance of automated data processing 

systems and telecommunications systems, $11,618,000; (2) for automated workload processing operations, including document imaging, centralized mail intake and medical bill processing, 

230

$14,496,000; (3) for periodic roll management and medical review, 

$13,201,000; and (4) the remaining funds shall be paid into the 

Treasury as miscellaneous receipts: Provided further, That the Secretary may require that any person filing a notice of injury or a 

claim for benefits under chapter 81 of title 5, United States Code, 

or 33 U.S.C. 901 et seq., provide as part of such notice and claim, 

such identifying information (including Social Security account 

number) as such regulations may prescribe. 

SPECIAL BENEFITS FOR DISABLED COAL MINERS

For carrying out title IV of the Federal Mine Safety and Health 

Act of 1977, as amended by Public Law 107–275, (the ‘‘Act’’), 

$300,000,000, to remain available until expended. 

For making after July 31 of the current fiscal year, benefit payments to individuals under title IV of the Act, for costs incurred in 

the current fiscal year, such amounts as may be necessary. 

For making benefit payments under title IV for the first quarter 

of fiscal year 2005, $88,000,000, to remain available until expended. 

ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to administer the Energy Employees Occupational Illness Compensation Act, $55,074,000, to remain available until expended: Provided, That the Secretary of Labor is authorized to transfer to any executive agency with authority under the 

Energy Employees Occupational Illness Compensation Act, including within the Department of Labor, such sums as may be necessary 

in fiscal year 2004 to carry out those authorities: Provided further, 

That the Secretary may require that any person filing a claim for 

benefits under the Act provide as part of such claim, such identifying information (including Social Security account number) as 

may be prescribed. 

BLACK LUNG DISABILITY TRUST FUND

(INCLUDING TRANSFER OF FUNDS)

Beginning in fiscal year 2004 and thereafter, such sums as may 

be necessary from the Black Lung Disability Trust Fund, to remain 

available until expended, for payment of all benefits authorized by 

section 9501(d)(1), (2), (4), and (7) of the Internal Revenue Code of 

1954, as amended; and interest on advances, as authorized by section 9501(c)(2) of that Act. In addition, the following amounts shall 

be available from the Fund for fiscal year 2004 for expenses of operation and administration of the Black Lung Benefits program, as 

authorized by section 9501(d)(5): $32,004,000 for transfer to the Employment Standards Administration, ‘‘Salaries and Expenses’’; 

$23,401,000 for transfer to Departmental Management, ‘‘Salaries 

and Expenses’’; $338,000 for transfer to Departmental Management, 

‘‘Office of Inspector General’’; and $356,000 for payments into miscellaneous receipts for the expenses of the Department of the Treasury. 

231

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Occupational Safety and Health 

Administration, $460,786,000, including not to exceed $92,505,000 

which shall be the maximum amount available for grants to States 

under section 23(g) of the Occupational Safety and Health Act (the 

‘‘Act’’), which grants shall be no less than 50 percent of the costs of 

State occupational safety and health programs required to be incurred under plans approved by the Secretary under section 18 of 

the Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health Administration may retain up to 

$750,000 per fiscal year of training institute course tuition fees, otherwise authorized by law to be collected, and may utilize such sums 

for occupational safety and health training and education grants: 

Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary of 

Labor is authorized, during the fiscal year ending September 30, 

2004, to collect and retain fees for services provided to Nationally 

Recognized Testing Laboratories, and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, to administer national 

and international laboratory recognition programs that ensure the 

safety of equipment and products used by workers in the workplace: 

Provided further, That none of the funds appropriated under this 

paragraph shall be obligated or expended to prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the 

Act which is applicable to any person who is engaged in a farming 

operation which does not maintain a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph shall be obligated or expended to administer or enforce any standard, rule, regulation, or order under 

the Act with respect to any employer of 10 or fewer employees who 

is included within a category having an occupational injury lost 

workday case rate, at the most precise Standard Industrial Classification Code for which such data are published, less than the national average rate as such rates are most recently published by the 

Secretary, acting through the Bureau of Labor Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), except—

(1) to provide, as authorized by such Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies; 

(2) to conduct an inspection or investigation in response to 

an employee complaint, to issue a citation for violations found 

during such inspection, and to assess a penalty for violations 

which are not corrected within a reasonable abatement period 

and for any willful violations found; 

(3) to take any action authorized by such Act with respect 

to imminent dangers; 

(4) to take any action authorized by such Act with respect 

to health hazards; 

(5) to take any action authorized by such Act with respect 

to a report of an employment accident which is fatal to one or 

more employees or which results in hospitalization of two or 

more employees, and to take any action pursuant to such investigation authorized by such Act; and 

232

(6) to take any action authorized by such Act with respect 

to complaints of discrimination against employees for exercising 

rights under such Act: 

Provided further, That the foregoing proviso shall not apply to any 

person who is engaged in a farming operation which does not maintain a temporary labor camp and employs 10 or fewer employees: 

Provided further, That not less than $3,200,000 shall be used to extend funding for the Institutional Competency Building training 

grants which commenced in September 2000, for program activities 

for the period of September 30, 2003 to September 30, 2004, provided that a grantee has demonstrated satisfactory performance. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses for the Mine Safety and Health Admin- istration, $270,826,000, including purchase and bestowal of certificates and trophies in connection with mine rescue and first-aid 

work, and the hire of passenger motor vehicles, including $100,000 

for an award to the Stolar Research Corporation to further develop 

and demonstrate electromagnetic wave detection technology, and 

other purposes, in Allegheny County, Pennsylvania; including 

$1,000,000 for an award to the National Technology Transfer Center for a coal slurry impoundment pilot project in southern West 

Virginia; including up to $2,000,000 for mine rescue and recovery 

activities; in addition, not to exceed $750,000 may be collected by 

the National Mine Health and Safety Academy for room, board, tuition, and the sale of training materials, otherwise authorized by law 

to be collected, to be available for mine safety and health education 

and training activities, notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and Health Administration may retain up 

to $1,000,000 from fees collected for the approval and certification 

of equipment, materials, and explosives for use in mines, and may 

utilize such sums for such activities; the Secretary is authorized to 

accept lands, buildings, equipment, and other contributions from 

public and private sources and to prosecute projects in cooperation 

with other agencies, Federal, State, or private; the Mine Safety and 

Health Administration is authorized to promote health and safety 

education and training in the mining community through cooperative programs with States, industry, and safety associations; and 

any funds available to the department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and 

survival operations in the event of a major disaster. 

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

For necessary expenses for the Bureau of Labor Statistics, including advances or reimbursements to State, Federal, and local 

agencies and their employees for services rendered, $447,088,000, together with not to exceed $75,110,000, which may be expended from 

the Employment Security Administration Account in the Unemployment Trust Fund, of which $5,000,000 may be used to fund the 

mass layoff statistics program under section 15 of the WagnerPeyser Act (29 U.S.C. 49l–2).

233

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

For necessary expenses for the Office of Disability Employment 

Policy to provide leadership, develop policy and initiatives, and 

award grants furthering the objective of eliminating barriers to the 

training and employment of people with disabilities, $47,333,000. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For necessary expenses for Departmental Management, including the hire of three sedans, and including the management or operation, through contracts, grants or other arrangements of Departmental activities conducted by or through the Bureau of International Labor Affairs, including bilateral and multilateral technical assistance and other international labor activities, 

$48,565,000, for the acquisition of Departmental information technology, architecture, infrastructure, equipment, software and related 

needs which will be allocated by the Department’s Chief Information Officer in accordance with the Department’s capital investment 

management process to assure a sound investment strategy; 

$352,514,000; together with not to exceed $316,000, which may be 

expended from the Employment Security Administration Account in 

the Unemployment Trust Fund: Provided, That no funds made 

available by this Act may be used by the Solicitor of Labor to participate in a review in any United States court of appeals of any decision made by the Benefits Review Board under section 21 of the 

Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 921) 

where such participation is precluded by the decision of the United 

States Supreme Court in Director, Office of Workers’ Compensation 

Programs v. Newport News Shipbuilding, 115 S. Ct. 1278 (1995), 

notwithstanding any provisions to the contrary contained in Rule 15 

of the Federal Rules of Appellate Procedure: Provided further, That 

no funds made available by this Act may be used by the Secretary 

of Labor to review a decision under the Longshore and Harbor 

Workers’ Compensation Act (33 U.S.C. 901 et seq.) that has been appealed and that has been pending before the Benefits Review Board 

for more than 12 months: Provided further, That any such decision 

pending a review by the Benefits Review Board for more than 1 year 

shall be considered affirmed by the Benefits Review Board on the 

1-year anniversary of the filing of the appeal, and shall be considered the final order of the Board for purposes of obtaining a review 

in the United States courts of appeals: Provided further, That these 

provisions shall not be applicable to the review or appeal of any decision issued under the Black Lung Benefits Act (30 U.S.C. 901 et 

seq.): Provided further, That of the funds provided under this heading, $150,000 shall be for a grant to the International Center on 

Child Labor and Education. 

VETERANS EMPLOYMENT AND TRAINING

Not to exceed $193,443,000 may be derived from the Employment Security Administration Account in the Unemployment Trust 

Fund to carry out the provisions of 38 U.S.C. 4100–4110A, 4212, 

4214, and 4321–4327, and Public Law 103–353, and which shall be 

234

available for obligation by the States through December 31, 2004, 

of which $2,000,000 is for the National Veterans’ Employment and 

Training Services Institute. To carry out the Homeless Veterans Reintegration Programs (38 U.S.C. 2021) and the Veterans Workforce 

Investment Programs (29 U.S.C. 2913), $26,550,000 of which 

$7,550,000 shall be available for obligation for the period July 1, 

2004 through June 30, 2005. 

OFFICE OF INSPECTOR GENERAL

For salaries and expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $60,094,000, together with not to exceed $5,730,000, 

which may be expended from the Employment Security Administration Account in the Unemployment Trust Fund. 

WORKING CAPITAL FUND

For the acquisition of a new core accounting system for the Department of Labor, including hardware and software infrastructure 

and the costs associated with implementation thereof, $13,850,000. 

GENERAL PROVISIONS 

SEC. 101. None of the funds appropriated in this title for the 

Job Corps shall be used to pay the compensation of an individual, 

either as direct costs or any proration as an indirect cost, at a rate 

in excess of Executive Level II. 

(TRANSFER OF FUNDS)

SEC. 102. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985, as amended) which are appropriated for the current fiscal year for the Department of Labor in this Act may be transferred 

between appropriations, but no such appropriation shall be increased by more than 3 percent by any such transfer: Provided, That 

the Appropriations Committees of both Houses of Congress are notified at least 15 days in advance of any transfer. 

SEC. 103. In accordance with Executive Order No. 13126, none 

of the funds appropriated or otherwise made available pursuant to 

this Act shall be obligated or expended for the procurement of goods 

mined, produced, manufactured, or harvested or services rendered, 

whole or in part, by forced or indentured child labor in industries 

and host countries already identified by the United States Department of Labor prior to enactment of this Act. 

SEC. 104. There is authorized to be appropriated such sums as 

may be necessary to the Denali Commission through the Department of Labor to conduct job training of the local workforce where 

Denali Commission projects will be constructed. 

SEC. 105. Of the funds appropriated for fiscal year 1999 under 

section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C. 

603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula 

grants to the States under section 403(a)(5)(A) of such Act (42 

U.S.C. 603(a)(5)(A)), there is hereby rescinded any funds that are 

unexpended by the States as of the date of enactment of this section, 

except for such funds as the Secretary of Labor determines are necessary for States to carry out administrative activities relating to 

235

the close out of such grants. Notwithstanding section 403(a)(5) of 

the Social Security Act (42 U.S.C. 603(a)(5)), the Secretary of Labor 

may take such actions as the Secretary determines are appropriate 

to facilitate the orderly and equitable close out of such grants, consistent with the requirements of this section. 

SEC. 106. (a) FINDINGS.—Congress finds that—

(1) it is projected that the Department of Labor, in conjunction with labor, industry, and the National Institute for Occupational Safety and Health, will be undertaking several months 

of testing on Personal Dust Monitor production prototypes; and 

(2) the testing of Personal Dust Monitor prototypes is set to 

begin (by late May or early June of 2004) following the scheduled delivery of the Personal Dust Monitors in May 2004. 

(b) RE-PROPOSAL OF RULE.—Following the successful demonstration of Personal Dust Monitor technology, and if the Secretary 

of Labor makes a determination that Personal Dust Monitors can 

be effectively applied in a regulatory scheme, the Secretary of Labor 

shall re-propose a rule on respirable coal dust which incorporates 

the use of Personal Dust Monitors, and, if such rule is re-proposed, 

the Secretary shall comply with the regular procedures applicable to 

Federal rulemaking. 

SEC. 107. The Secretary of Labor shall transfer, without charge 

or consideration, to Hamilton County, Ohio all rights, title, and interest (including all federal equity) the United States holds in the 

real property located at 1916 Central Parkway, Cincinnati, Ohio to 

the extent such rights, title, or interest were acquired through grants 

to the State of Ohio under title III of the Social Security Act or the 

Wagner-Peyser Act or acquired through funds distributed to the 

State of Ohio under section 903 of the Social Security Act. 

SEC. 108. FAIR LABOR STANDARDS ACT WOODWORKING EXEMPTION. Section 13(c) of the Fair Labor Standards Act of 1938 (29 

U.S.C. 213(c)) is amended by adding at the end the following: 

‘‘(7)(A)(i) Subject to subparagraph (B), in the administration 

and enforcement of the child labor provisions of this Act, it shall not 

be considered oppressive child labor for a new entrant into the 

workforce to be employed inside or outside places of business where 

machinery is used to process wood products. 

‘‘(ii) In this paragraph, the term ‘new entrant into the workforce’ 

means an individual who—

‘‘(I) is under the age of 18 and at least the age of 14, and 

‘‘(II) by statute or judicial order is exempt from compulsory 

school attendance beyond the eighth grade. 

‘‘(B) The employment of a new entrant into the workforce under 

subparagraph (A) shall be permitted—

‘‘(i) if the entrant is supervised by an adult relative of the 

entrant or is supervised by an adult member of the same religious sect or division as the entrant; 

‘‘(ii) if the entrant does not operate or assist in the operation of power-driven woodworking machines; 

‘‘(iii) if the entrant is protected from wood particles or other 

flying debris within the workplace by a barrier appropriate to 

the potential hazard of such wood particles or flying debris or 

by maintaining a sufficient distance from machinery in operation; and 

236

‘‘(iv) if the entrant is required to use personal protective 

equipment to prevent exposure to excessive levels of noise and 

saw dust.’’. 

This title may be cited as the ‘‘Department of Labor Appropriations Act, 2004’’. 

TITLE II—DEPARTMENT OF HEALTH AND HUMAN 

SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 

XXVI of the Public Health Service Act, section 427(a) of the Federal 

Coal Mine Health and Safety Act, title V (including section 510), 

and sections 1128E, 711 and 1820 of the Social Security Act, the 

Health Care Quality Improvement Act of 1986, as amended, the Native Hawaiian Health Care Act of 1988, as amended, the Cardiac 

Arrest Survival Act of 2000, and the Poison Control Center Enhancement and Awareness Act, $6,698,437,000, of which 

$367,563,000 shall be available for construction and renovation (including equipment) of health care and other facilities, abstinence 

education and related services, and other health-related activities as 

specified in the statement of the managers on the conference report 

accompanying this Act, and of which $39,740,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act, 

shall be available for carrying out the Medicare rural hospital flexibility grants program under section 1820 of such Act: Provided, 

That of the funds made available under this heading, $250,000 

shall be available until expended for facilities renovations at the 

Gillis W. Long Hansen’s Disease Center: Provided further, That in 

addition to fees authorized by section 427(b) of the Health Care 

Quality Improvement Act of 1986, fees shall be collected for the full 

disclosure of information under the Act sufficient to recover the full 

costs of operating the National Practitioner Data Bank, and shall 

remain available until expended to carry out that Act: Provided further, That fees collected for the full disclosure of information under 

the ‘‘Health Care Fraud and Abuse Data Collection Program’’, authorized by section 1128E(d)(2) of the Social Security Act, shall be 

sufficient to recover the full costs of operating the program, and 

shall remain available until expended to carry out that Act: Provided further, That $25,000,000 of the funding provided for community health centers shall be used for base grant adjustments for existing centers: Provided further, That no more than $4,850,000 is 

available for carrying out the provisions of U.S.C. Title 42 Section 

233(o) including associated administrative expenses: Provided further, That no more than $45,000,000 is available for carrying out 

the provisions of Public Law 104–73: Provided further, That 

$10,000,000 is available until expended to establish a National 

Cord Blood Stem Cell Bank Program as described in the statement 

of the managers on the conference report accompanying this Act: 

Provided further, That of the funds made available under this 

heading, $280,000,000 shall be for the program under title X of the 

Public Health Service Act to provide for voluntary family planning 

projects: Provided further, That amounts provided to said projects 

237

under such title shall not be expended for abortions, that all pregnancy counseling shall be nondirective, and that such amounts 

shall not be expended for any activity (including the publication or 

distribution of literature) that in any way tends to promote public 

support or opposition to any legislative proposal or candidate for 

public office: Provided further, That $753,317,000 shall be for State 

AIDS Drug Assistance Programs authorized by section 2616 of the 

Public Health Service Act: Provided further, That in addition to 

amounts provided herein, $25,000,000 shall be available from 

amounts available under section 241 of the Public Health Service 

Act to carry out Parts A, B, C, and D of title XXVI of the Public 

Health Service Act to fund section 2691 Special Projects of National 

Significance: Provided further, That notwithstanding section 

502(a)(1) of the Social Security Act, not to exceed $121,130,000 is 

available for carrying out special projects of regional and national 

significance pursuant to section 501(a)(2) of such Act: Provided further, That $70,488,000 is available for special projects of regional 

and national significance under section 501(a)(2) of the Social Security Act, which shall not be counted toward compliance with the allocation required in section 502(a)(1) of such Act, and which shall 

be used only for making competitive grants to provide abstinence 

education (as defined in section 510(b)(2) of such Act) to adolescents 

and for Federal costs of administering the grants: Provided further, 

That grants under the immediately preceding proviso shall be made 

only to public and private entities which agree that, with respect to 

an adolescent to whom the entities provide abstinence education 

under such grant, the entities will not provide to that adolescent 

any other education regarding sexual conduct, except that, in the 

case of an entity expressly required by law to provide health information or services the adolescent shall not be precluded from seeking health information or services from the entity in a different setting than the setting in which the abstinence education was provided: Provided further, That in addition to amounts provided herein for abstinence education to adolescents, $4,500,000 shall be available from amounts available under section 241 of the Public Health 

Service Act to carry out evaluations (including longitudinal evaluations) of adolescent pregnancy prevention approaches. 

HEALTH EDUCATION ASSISTANCE LOANS PROGRAM ACCOUNT

Such sums as may be necessary to carry out the purpose of the 

program, as authorized by title VII of the Public Health Service Act, 

as amended. For administrative expenses to carry out the guaranteed loan program, including section 709 of the Public Health Service Act, $3,389,000. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

For payments from the Vaccine Injury Compensation Program 

Trust Fund, such sums as may be necessary for claims associated 

with vaccine-related injury or death with respect to vaccines administered after September 30, 1988, pursuant to subtitle 2 of title XXI 

of the Public Health Service Act, to remain available until expended: Provided, That for necessary administrative expenses, not to 

exceed $3,222,000 shall be available from the Trust Fund to the 

Secretary of Health and Human Services. 

238

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and 

XXVI of the Public Health Service Act, sections 101, 102, 103, 201, 

202, 203, 301, and 501 of the Federal Mine Safety and Health Act 

of 1977, sections 20, 21, and 22 of the Occupational Safety and 

Health Act of 1970, title IV of the Immigration and Nationality Act, 

and section 501 of the Refugee Education Assistance Act of 1980; including purchase and insurance of official motor vehicles in foreign 

countries; and purchase, hire, maintenance, and operation of aircraft, $4,545,472,000, of which $262,000,000 shall remain available 

until expended for equipment, and construction and renovation of 

facilities, and of which $293,569,000 for international HIV/AIDS 

shall remain available until September 30, 2005, including 

$150,000,000, to remain available until expended for the ‘‘International Mother and Child HIV Prevention Initiative.’’ In addition, 

such sums as may be derived from authorized user fees, which shall 

be credited to this account: Provided, That in addition to amounts 

provided herein, $14,000,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry out 

the National Immunization Surveys: Provided further, That in addition to amounts provided herein, $127,634,000 shall be available 

from amounts available under section 241 of the Public Health 

Service Act to carry out the National Center for Health Statistics 

surveys: Provided further, That in addition to amounts provided 

herein, $28,600,000 shall be available from amounts available 

under section 241 of the Public Health Service Act to carry out information systems standards development and architecture and applications-based research used at local public health levels: Provided further, That in addition to amounts provided herein, 

$41,900,000 shall be available from amounts available under section 241 of the Public Health Service Act to carry out Research 

Tools and Approaches activities within the National Occupational 

Research Agenda: Provided further, That none of the funds made 

available for injury prevention and control at the Centers for Disease Control and Prevention may be used, in whole or in part, to 

advocate or promote gun control: Provided further, That the Director may redirect the total amount made available under authority 

of Public Law 101–502, section 3, dated November 3, 1990, to activities the Director may so designate: Provided further, That the Congress is to be notified promptly of any such transfer: Provided further, That not to exceed $12,500,000 may be available for making 

grants under section 1509 of the Public Health Service Act to not 

more than 15 States: Provided further, That without regard to existing statute, funds appropriated may be used to proceed, at the discretion of the Centers for Disease Control and Prevention, with 

property acquisition, including a long-term ground lease for construction on non-Federal land, to support the construction of a replacement laboratory in the Fort Collins, Colorado area: Provided 

further, That notwithstanding any other provision of law, a single 

contract or related contracts for development and construction of facilities may be employed which collectively include the full scope of 

the project: Provided further, That the solicitation and contract 

239

shall contain the clause ‘‘availability of funds’’ found at 48 CFR 

52.232–18. 

NATIONAL INSTITUTES OF HEALTH

NATIONAL CANCER INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to cancer, $4,770,519,000. 

NATIONAL HEART, LUNG, AND BLOOD INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to cardiovascular, lung, and blood diseases, 

and blood and blood products, $2,897,145,000.

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to dental disease, $385,796,000. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to diabetes and digestive and kidney disease, $1,682,457,000. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to neurological disorders and stroke, 

$1,510,776,000. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

(INCLUDING TRANSFER OF FUNDS)

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to allergy and infectious diseases, 

$4,335,155,000: Provided, That $150,000,000 may be made available to International Assistance Programs, ‘‘Global Fund to Fight 

HIV/AIDS, Malaria, and Tuberculosis’’, to remain available until 

expended. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to general medical sciences, $1,916,333,000. 

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to child health and human development, 

$1,250,585,000. 

NATIONAL EYE INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to eye diseases and visual disorders, 

$657,199,000. 

240

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For carrying out sections 301 and 311 and title IV of the Public 

Health Service Act with respect to environmental health sciences, 

$636,974,000. 

NATIONAL INSTITUTE ON AGING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to aging, $1,031,311,000. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND

SKIN DISEASES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to arthritis and musculoskeletal and skin 

diseases, $504,300,000. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to deafness and other communication disorders, $384,477,000. 

NATIONAL INSTITUTE OF NURSING RESEARCH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to nursing research, $135,555,000. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to alcohol abuse and alcoholism, 

$431,471,000. 

NATIONAL INSTITUTE ON DRUG ABUSE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to drug abuse, $997,414,000. 

NATIONAL INSTITUTE OF MENTAL HEALTH

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to mental health, $1,390,714,000. 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to human genome research, $482,222,000. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to biomedical imaging and bioengineering 

research, $288,900,000. 

NATIONAL CENTER FOR RESEARCH RESOURCES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to research resources and general research 

support grants, $1,186,183,000: Provided, That none of these funds 

shall be used to pay recipients of the general research support 

241

grants program any amount for indirect expenses in connection with 

such grants: Provided further, That $119,220,000 shall be for extramural facilities construction grants.

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to complementary and alternative medicine, 

$117,752,000. 

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to minority health and health disparities 

research, $192,724,000. 

JOHN E. FOGARTY INTERNATIONAL CENTER

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

NATIONAL LIBRARY OF MEDICINE

For carrying out section 301 and title IV of the Public Health 

Service Act with respect to health information communications, 

$311,635,000, of which $4,000,000 shall be available until expended 

for improvement of information systems: Provided, That in fiscal 

year 2004, the Library may enter into personal services contracts for 

the provision of services in facilities owned, operated, or constructed 

under the jurisdiction of the National Institutes of Health: Provided 

further, That in addition to amounts provided herein, $8,200,000 

shall be available from amounts available under section 241 of the 

Public Health Service Act to carry out National Information Center 

on Health Services Research and Health Care Technology and related health services. 

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

For carrying out the responsibilities of the Office of the Director, 

National Institutes of Health, $329,707,000, of which up to 

$7,500,000 shall be used to carry out section 221 of this Act: Provided, That funding shall be available for the purchase of not to exceed 29 passenger motor vehicles for replacement only: Provided further, That the Director may direct up to 1 percent of the total 

amount made available in this or any other Act to all National Institutes of Health appropriations to activities the Director may so 

designate: Provided further, That no such appropriation shall be decreased by more than 1 percent by any such transfers and that the 

Congress is promptly notified of the transfer: Provided further, That 

the National Institutes of Health is authorized to collect third party 

payments for the cost of clinical services that are incurred in National Institutes of Health research facilities and that such payments shall be credited to the National Institutes of Health Management Fund: Provided further, That all funds credited to the National Institutes of Health Management Fund shall remain available for 1 fiscal year after the fiscal year in which they are deposVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00245 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
242

ited: Provided further, That up to $500,000 shall be available to 

carry out section 499 of the Public Health Service Act. 

BUILDINGS AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

For the study of, construction of, renovation of, and acquisition 

of equipment for, facilities of or used by the National Institutes of 

Health, including the acquisition of real property, $89,500,000, to 

remain available until expended: Provided, That notwithstanding 

any other provision of law, single contracts or related contracts, 

which collectively include the full scope of the project, may be employed for the development and construction of the first and second 

phases of the John Edward Porter Neuroscience Research Center: 

Provided further, That the solicitations and contracts shall contain 

the clause ‘‘availability of funds’’ found at 48 CFR 52.232–18. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

ADMINISTRATION

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

For carrying out titles V and XIX of the Public Health Service 

Act with respect to substance abuse and mental health services, the 

Protection and Advocacy for Mentally Ill Individuals Act of 1986, 

and section 301 of the Public Health Service Act with respect to program management, $3,253,763,000: Provided, That in addition to 

amounts provided herein, $79,200,000 shall be available from 

amounts available under section 241 of the Public Health Service 

Act to carry out subpart II of title XIX of the Public Health Service 

Act to fund section 1935(b) technical assistance, national data, data 

collection and evaluation activities, and further that the total available under this Act for section 1935(b) activities shall not exceed 5 

percent of the amounts appropriated for subpart II of title XIX: Provided further, That in addition to the amounts provided herein, 

$21,850,000 shall be available from amounts available under Section 241 of the Public Health Service Act to carry out subpart I of 

Part B of title XIX of the Public Health Service Act to fund section 

1920(b) technical assistance, data collection and program evaluation activities, and further that the total available under this Act for 

section 1920(b) activities shall not exceed 5 percent of the amounts 

appropriated for subpart I of Part B of title XIX: Provided further, 

That in addition to amounts provided herein, $16,000,000 shall be 

made available from amounts available under section 241 of the 

Public Health Service Act to carry out national surveys on drug 

abuse. 

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY

HEALTHCARE RESEARCH AND QUALITY

For carrying out titles III and IX of the Public Health Service 

Act, and part A of title XI of the Social Security Act, amounts received from Freedom of Information Act fees, reimbursable and 

interagency agreements, and the sale of data shall be credited to 

this appropriation and shall remain available until expended: Provided, That the amount made available pursuant to section 927(c) 

243

of the Public Health Service Act shall not exceed $303,695,000: Provided further, That, of the funds made available under this heading, $12,000,000 shall be for the conduct of research on the comparative clinical effectiveness, cost-effectiveness, and safety of drugs, 

biological products, and devices. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES

GRANTS TO STATES FOR MEDICAID

For carrying out, except as otherwise provided, titles XI and XIX of the Social Security Act, $130,892,197,000, to remain available until expended. 

For making, after May 31, 2004, payments to States under title 

XIX of the Social Security Act for the last quarter of fiscal year 2004 

for unanticipated costs, incurred for the current fiscal year, such 

sums as may be necessary. 

For making payments to States or in the case of section 1928 

on behalf of States under title XIX of the Social Security Act for the 

first quarter of fiscal year 2005, $58,416,275,000, to remain available until expended.

Payment under title XIX may be made for any quarter with respect to a State plan or plan amendment in effect during such quarter, if submitted in or prior to such quarter and approved in that 

or any subsequent quarter. 

PAYMENTS TO HEALTH CARE TRUST FUNDS

For payment to the Federal Hospital Insurance and the Federal 

Supplementary Medical Insurance Trust Funds, as provided under 

section 1844 of the Social Security Act, sections 103(c) and 111(d) 

of the Social Security Amendments of 1965, section 278(d) of Public 

Law 97–248, and for administrative expenses incurred pursuant to 

section 201(g) of the Social Security Act, $95,084,100,000. 

PROGRAM MANAGEMENT

For carrying out, except as otherwise provided, titles XI, XVIII, 

XIX, and XXI of the Social Security Act, titles XIII and XXVII of 

the Public Health Service Act, and the Clinical Laboratory Improvement Amendments of 1988, not to exceed $2,664,994,000, to be 

transferred from the Federal Hospital Insurance and the Federal 

Supplementary Medical Insurance Trust Funds, as authorized by 

section 201(g) of the Social Security Act; together with all funds collected in accordance with section 353 of the Public Health Service 

Act and section 1857(e)(2) of the Social Security Act, and such sums 

as may be collected from authorized user fees and the sale of data, 

which shall remain available until expended, and together with administrative fees collected relative to Medicare overpayment recovery 

activities, which shall remain available until expended: Provided, 

That all funds derived in accordance with 31 U.S.C. 9701 from organizations established under title XIII of the Public Health Service 

Act shall be credited to and available for carrying out the purposes 

of this appropriation: Provided further, That $30,000,000, to remain 

available until September 30, 2005, is for contract costs for CMS’s 

Systems Revitalization Plan: Provided further, That $56,991,000, to 

remain available until September 30, 2005, is for contract costs for 

the Healthcare Integrated General Ledger Accounting System: ProVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00247 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
244

vided further, That of the amounts made available for research, 

demonstration and evaluation, $100,000 is available for Advocate 

Health Care in Oak Brook, Illinois for health education programs 

and services to the deaf and hard-of-hearing, $1,750,000 is available for AIDS Healthcare Foundation in Los Angeles for a demonstration of residential and outpatient treatment facilities, 

$250,000 is available for Berwick Hospital Center, Berwick, Pennsylvania for stabilizing the workforce for patient care, $163,000 is 

available for Bloomsburg Hospital, Bloomsburg, Pennsylvania for 

stabilizing the workforce for patient care, $275,000 is available for 

Cheyenne River Sioux Tribe in Eagle Butte, South Dakota to establish a nursing home, $778,000 is available for Community Medical 

Center, Scranton, Pennsylvania for stabilizing the workforce for patient care, $150,000 is available for Cook County (Illinois) Bureau 

of Health Services to improve the management of vulnerable patients with poorly controlled diabetes, $178,000 is available for Divine Providence Hospital, Williamsport, Pennsylvania for stabilizing 

the workforce for patient care, $267,000 is available for Geisinger 

Wyoming Valley Medical Center, Wilkes-Barre, Pennsylvania for 

stabilizing the workforce for patient care, $237,000 is available for 

Hazleton General Hospital, Hazleton, Pennsylvania for stabilizing 

the workforce for patient care, $25,000 is available for Hope Worldwide, Philadelphia, Pennsylvania to maintain clinical care for recovering drug and alcohol addicts, $825,000 is available for Illinois 

Primary Health Care Association for the Shared Integrated Management Information System, Springfield, Illinois, $250,000 is 

available for James S. Taylor Memorial Home, Louisville, Kentucky, $100,000 is available for Jefferson Area Board for Aging, 

Charlottesville, Virginia, for the Nursing Assistant Institute, 

$85,000 is available for Jersey Shore Hospital, Jersey Shore, Pennsylvania for stabilizing the workforce for patient care, $179,000 is 

available for Marian Community Hospital, Carbondale, Pennsylvania for stabilizing the workforce for patient care, $200,000 is 

available for Medical Care for Children Partnership, Fairfax, Virginia to provide outreach to increase access to medical and dental 

care for children, $393,000 is available for Mercy Health Partners, 

Scranton, Pennsylvania for stabilizing the workforce for patient 

care, $571,000 is available for Mercy Hospital, Wilkes-Barre, Pennsylvania for stabilizing the workforce for patient care, $63,000 is 

available for Mid-Valley Hospital, Peckville, Pennsylvania for stabilizing the workforce for patient care, $510,000 is available for Moses 

Taylor Hospital, Scranton, Pennsylvania for stabilizing the workforce for patient care, $109,000 is available for Muncy Valley Hospital, Muncy, Pennsylvania for stabilizing the workforce for patient 

care, $225,000 is available for Muskegon Community Health 

Project, Muskegon, Michigan, for the Access Health program, 

$75,000 is available for North Penn Visiting Nurse Association, 

Lansdale, Pennsylvania to provide low-cost or free health care to 

children who do not have health insurance, $122,000 is available 

for Patient Advocate Foundation, Newport News, Virginia to provide direct intervention assistance to patients throughout the United 

States who are experiencing difficulty in accessing quality health 

care services, $100,000 is available for Rhode Island Hospital-Medical Simulation Center of Providence, Rhode Island for the creation 

of a transportable simulation-based training curriculum and valiVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00248 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
245

dated human performance measurement system, $256,000 is available for Saint Joseph Medical Center, Hazleton, Pennsylvania for 

stabilizing the workforce for patient care, $100,000 is available for 

Santa Clara County, California, for its Children’s Health Initiative 

program to provide outreach and enrollment assistance for families 

under 300 percent of federal poverty level, $664,000 is available for 

Sharon Regional Health System, Sharon, Pennsylvania for stabilizing the workforce for patient care, $25,000 is available for Sickle 

Cell Medical Treatment & Education Center, St. Louis Children’s 

Hospital, St. Louis, Missouri, to improve the academic achievement 

of children with Sickle Cell Disease with specific cognitive rehabilitation, $111,000 is available for Tyler Memorial Hospital, 

Tunkhannock, Pennsylvania for stabilizing the workforce for patient 

care, $174,000 is available for United Community Hospital, Grove 

City, Pennsylvania for stabilizing the workforce for patient care, 

$503,000 is available for UPMC Horizon, Farrell, Pennsylvania for 

stabilizing the workforce for patient care, $613,000 is available for 

Williamsport Hospital & Medical Center, Williamsport, Pennsylvania for stabilizing the workforce for patient care, and $965,000 is 

available for Wyoming Valley Health Care System, Wilkes-Barre, 

Pennsylvania for stabilizing the workforce for patient care: Provided 

further, That the Secretary of Health and Human Services is directed to collect fees in fiscal year 2004 from Medicare∂Choice organizations pursuant to section 1857(e)(2) of the Social Security Act 

and from eligible organizations with risk-sharing contracts under 

section 1876 of that Act pursuant to section 1876(k)(4)(D) of that 

Act: Provided further, that to the extent Medicare claims processing 

unit costs are projected by the Centers for Medicare & Medicaid 

Services to exceed $0.87 for Part A claims and/or $0.65 for Part B 

claims, up to an additional $18,000,000 may be available for obligation for every $0.04 increase in Medicare claims processing unit 

costs from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. The calculation of projected unit costs shall be derived in the same manner in which the 

estimated unit costs were calculated for the Federal budget estimate 

for the fiscal year. 

HEALTH MAINTENANCE ORGANIZATION LOAN AND LOAN GUARANTEE

FUND

For carrying out subsections (d) and (e) of section 1308 of the 

Public Health Service Act, any amounts received by the Secretary in 

connection with loans and loan guarantees under title XIII of the 

Public Health Service Act, to be available without fiscal year limitation for the payment of outstanding obligations. During fiscal year 

2004, no commitments for direct loans or loan guarantees shall be 

made. 

ADMINISTRATION FOR CHILDREN AND FAMILIES

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

For making payments to States or other non-Federal entities 

under titles I, IV–D, X, XI, XIV, and XVI of the Social Security Act 

and the Act of July 5, 1960 (24 U.S.C. ch. 9), $3,292,970,000, to remain available until expended; and for such purposes for the first 

246

quarter of fiscal year 2005, $1,200,000,000, to remain available 

until expended. 

For making payments to each State for carrying out the program of Aid to Families with Dependent Children under title IV–

A of the Social Security Act before the effective date of the program 

of Temporary Assistance for Needy Families (TANF) with respect to 

such State, such sums as may be necessary: Provided, That the sum 

of the amounts available to a State with respect to expenditures 

under such title IV–A in fiscal year 1997 under this appropriation 

and under such title IV–A as amended by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 shall not exceed the limitations under section 116(b) of such Act. 

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under titles I, IV–D, X, XI, 

XIV, and XVI of the Social Security Act and the Act of July 5, 1960 

(24 U.S.C. ch. 9), for the last 3 months of the current fiscal year for 

unanticipated costs, incurred for the current fiscal year, such sums 

as may be necessary. 

LOW-INCOME HOME ENERGY ASSISTANCE

For making payments under title XXVI of the Omnibus Budget 

Reconciliation Act of 1981, $1,800,000,000. 

For making payments under title XXVI of the Omnibus Budget 

Reconciliation Act of 1981, $100,000,000, to remain available until 

expended: Provided, That these funds are for the unanticipated 

home energy assistance needs of one or more States, as authorized 

by section 2604(e) of the Act, and notwithstanding the designation 

requirement of section 2602(e). 

REFUGEE AND ENTRANT ASSISTANCE

For necessary expenses for refugee and entrant assistance activities authorized by title IV of the Immigration and Nationality Act 

and section 501 of the Refugee Education Assistance Act of 1980 

(Public Law 96–422), for carrying out section 462 of the Homeland 

Security Act of 2002 (Public Law 107–296), and for carrying out 

section 5 of the Torture Victims Relief Act of 1998 (Public Law 105–

320), $450,276,000, of which up to $9,968,000 shall be available to 

carry out the Trafficking Victims Protection Act of 2000 (Public Law 

106–386; division A): Provided, That funds appropriated under this 

heading pursuant to section 414(a) of the Immigration and Nationality Act for fiscal year 2004 shall be available for the costs of assistance provided and other activities, to remain available through 

September 30, 2006. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

For carrying out sections 658A through 658R of the Omnibus 

Budget Reconciliation Act of 1981 (The Child Care and Development Block Grant Act of 1990), $2,099,729,000 shall be used to supplement, not supplant state general revenue funds for child care assistance for low-income families: Provided, That $19,120,000 shall 

be available for child care resource and referral and school-aged 

child care activities, of which $1,000,000 shall be for the Child Care 

Aware toll free hotline: Provided further, That, in addition to the 

247

amounts required to be reserved by the States under section 658G, 

$272,672,000 shall be reserved by the States for activities authorized under section 658G, of which $100,000,000 shall be for activities that improve the quality of infant and toddler care: Provided 

further, That $9,864,000 shall be for use by the Secretary for child 

care research, demonstration, and evaluation activities.

SOCIAL SERVICES BLOCK GRANT

For making grants to States pursuant to section 2002 of the So- cial Security Act, $1,700,000,000: Provided, That notwithstanding 

subparagraph (B) of section 404(d)(2) of such Act, the applicable 

percent specified under such subparagraph for a State to carry out 

State programs pursuant to title XX of such Act shall be 10 percent. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

For carrying out, except as otherwise provided, the Runaway 

and Homeless Youth Act, the Developmental Disabilities Assistance 

and Bill of Rights Act, the Head Start Act, the Child Abuse Prevention and Treatment Act, sections 310 and 316 of the Family Violence Prevention and Services Act, as amended, the Native American Programs Act of 1974, title II of Public Law 95–266 (adoption 

opportunities), the Adoption and Safe Families Act of 1997 (Public 

Law 105–89), sections 1201 and 1211 of the Children’s Health Act 

of 2000, the Abandoned Infants Assistance Act of 1988, sections 261 

and 291 of the Help America Vote Act of 2002, the Early Learning 

Opportunities Act, part B(1) of title IV and sections 413, 429A, 

1110, and 1115 of the Social Security Act, and sections 40155, 

40211, and 40241 of Public Law 103–322; for making payments 

under the Community Services Block Grant Act, sections 439(h), 

473A, and 477(i) of the Social Security Act, and title IV of Public 

Law 105–285, and for necessary administrative expenses to carry 

out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social 

Security Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus 

Budget Reconciliation Act of 1981, title IV of the Immigration and 

Nationality Act, section 501 of the Refugee Education Assistance Act 

of 1980, section 5 of the Torture Victims Relief Act of 1998 (Public 

Law 105–320), sections 40155, 40211, and 40241 of Public Law 

103–322, and section 126 and titles IV and V of Public Law 100–

485, $8,816,097,000, of which $7,500,000, to remain available until 

September 30, 2005, shall be for grants to States for adoption incentive payments, as authorized by section 473A of title IV of the Social 

Security Act (42 U.S.C. 670–679) and may be made for adoptions 

completed before September 30, 2004: Provided, That funds appropriated in Public Law 108–7 for grants to States as authorized by 

section 473A of title IV of the Social Security Act shall also be available for adoption incentive payments for adoptions completed before 

September 30, 2004: Provided further, That $6,815,570,000 shall be 

for making payments under the Head Start Act, of which 

$1,400,000,000 shall become available October 1, 2004 and remain 

available through September 30, 2005: Provided further, That 

$735,686,000 shall be for making payments under the Community 

Services Block Grant Act: Provided further, That not less than 

$7,227,000 shall be for section 680(3)(B) of the Community Services 

Block Grant Act, as amended: Provided further, That in addition to 

amounts provided herein, $6,000,000 shall be available from 

248

amounts available under section 241 of the Public Health Service 

Act to carry out the provisions of section 1110 of the Social Security 

Act: Provided further, That to the extent Community Services Block 

Grant funds are distributed as grant funds by a State to an eligible 

entity as provided under the Act, and have not been expended by 

such entity, they shall remain with such entity for carryover into the 

next fiscal year for expenditure by such entity consistent with program purposes: Provided further, That the Secretary shall establish 

procedures regarding the disposition of intangible property which 

permits grant funds, or intangible assets acquired with funds authorized under section 680 of the Community Services Block Grant 

Act, as amended, to become the sole property of such grantees after 

a period of not more than 12 years after the end of the grant for 

purposes and uses consistent with the original grant: Provided further, That funds appropriated for section 680(a)(2) of the Community Services Block Grant Act, as amended, shall be available for 

financing construction and rehabilitation and loans or investments 

in private business enterprises owned by community development 

corporations: Provided further, That $89,978,000 shall be for activities authorized by the Runaway and Homeless Youth Act, notwithstanding the allocation requirements of section 388(a) of such Act, 

of which $40,505,000 is for the transitional living program: Provided further, That $48,000,000 is for a compassion capital fund to 

provide grants to charitable organizations to emulate model social 

service programs and to encourage research on the best practices of 

social service organizations: Provided further, That $15,000,000 

shall be for activities authorized by the Help America Vote Act of 

2002, of which $10,000,000 shall be for payments to States to promote disabled voter access, and of which $5,000,000 shall be for 

payments to States for disabled voters protection and advocacy systems. 

PROMOTING SAFE AND STABLE FAMILIES

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

PAYMENTS TO STATES FOR FOSTER CARE AND ADOPTION ASSISTANCE

For making payments to States or other non-Federal entities under title IV–E of the Social Security Act, $5,068,300,000. 

For making payments to States or other non-Federal entities 

under title IV–E of the Act, for the first quarter of fiscal year 2005, 

$1,767,700,000.

For making, after May 31 of the current fiscal year, payments 

to States or other non-Federal entities under section 474 of title IV–

E, for the last 3 months of the current fiscal year for unanticipated 

costs, incurred for the current fiscal year, such sums as may be necessary. 

ADMINISTRATION ON AGING

AGING SERVICES PROGRAMS

For carrying out, to the extent not otherwise provided, the Older 

Americans Act of 1965, as amended, and section 398 of the Public 

Health Service Act, $1,381,689,000, of which $5,500,000 shall be 

available for activities regarding medication management, screenVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00252 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
249

ing, and education to prevent incorrect medication and adverse 

drug reactions; and of which $2,842,000 shall remain available 

until September 30, 2006, for the White House Conference on Aging. 

OFFICE OF THE SECRETARY

GENERAL DEPARTMENTAL MANAGEMENT

For necessary expenses, not otherwise provided, for general departmental management, including hire of six sedans, and for carrying out titles III, XVII, XX, and XXI of the Public Health Service 

Act, and the United States-Mexico Border Health Commission Act, 

$357,358,000, together with $5,851,000 to be transferred and expended as authorized by section 201(g)(1) of the Social Security Act 

from the Hospital Insurance Trust Fund and the Supplemental 

Medical Insurance Trust Fund: Provided, That of the funds made 

available under this heading for carrying out title XX of the Public 

Health Service Act, $11,885,000 shall be for activities specified 

under section 2003(b)(2), of which $10,157,000 shall be for prevention service demonstration grants under section 510(b)(2) of title V 

of the Social Security Act, as amended, without application of the 

limitation of section 2010(c) of said title XX: Provided further, That 

of this amount, $49,838,000 is for minority AIDS prevention and 

treatment activities; and $15,000,000 shall be for an Information 

Technology Security and Innovation Fund for Department-wide activities involving cybersecurity, information technology security, and 

related innovation projects, and $5,000,000 is to assist Afghanistan 

in the development of maternal and child health clinics, consistent 

with section 103(a)(4)(H) of the Afghanistan Freedom Support Act 

of 2002. 

OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $39,497,000: Provided, That, of such amount, necessary 

sums are available for providing protective services to the Secretary 

and investigating non-payment of child support cases for which 

non-payment is a Federal offense under 18 U.S.C. 228. 

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, 

$30,936,000, together with not to exceed $3,314,000 to be transferred 

and expended as authorized by section 201(g)(1) of the Social Security Act from the Hospital Insurance Trust Fund and the Supplemental Medical Insurance Trust Fund. 

POLICY RESEARCH

For carrying out, to the extent not otherwise provided, research 

studies under section 1110 of the Social Security Act and title III 

of the Public Health Service Act, $20,750,000, which shall be available from amounts available under section 241 of the Public Health 

Service Act to carry out national health or human services research 

and evaluation activities: Provided, That the expenditure of any 

funds available under section 241 of the Public Health Service Act 

are subject to the requirements of section 205 of this Act. 

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RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED

OFFICERS

For retirement pay and medical benefits of Public Health Service Commissioned Officers as authorized by law, for payments 

under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, for medical care of dependents and retired personnel under the Dependents’ Medical Care Act (10 U.S.C. ch. 55 

and 56), and for payments pursuant to section 229(b) of the Social 

Security Act (42 U.S.C. 429(b)), such amounts as may be required 

during the current fiscal year. The following are definitions for the 

medical benefits of the Public Health Service Commissioned Officers 

that apply to 10 U.S.C. chapter 56, section 1116(c). The source of 

funds for the monthly accrual payments into the Department of Defense Medicare-Eligible Retiree Health Care Fund shall be the Retirement Pay and Medical Benefits for Commissioned Officers account. For purposes of this Act, the term ‘‘pay of members’’ shall be 

construed to be synonymous with retirement payments to United 

States Public Health Service officers who are retired for age, disability, or length of service; payments to survivors of deceased officers; medical care to active duty and retired members and dependents and beneficiaries; and for payments to the Social Security Administration for military service credits; all of which payments are 

provided for by the Retirement Pay and Medical Benefits for Commissioned Officers account. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For expenses necessary to support activities related to countering potential biological, disease and chemical threats to civilian 

populations, $1,726,846,000: Provided, That this amount is distributed as follows: Centers for Disease Control and Prevention, 

$1,116,156,000; Office of the Secretary, $64,820,000; and Health Resources and Services Administration, $545,870,000: Provided further, That at the discretion of the Secretary of Health and Human 

Services, these amounts may be transferred between categories subject to normal reprogramming procedures: Provided further, That 

employees of the Centers for Disease Control and Prevention or the 

Public Health Service, both civilian and Commissioned Officers, detailed to States, municipalities, or other organizations under authority of section 214 of the Public Health Service Act for purposes 

related to homeland security, shall be treated as non-Federal employees for reporting purposes only and shall not be included within 

any personnel ceiling applicable to the Agency, Service, or the Department of Health and Human Services during the period of detail 

or assignment. 

In addition, for activities to ensure a year-round influenza vaccine production capacity and the development and implementation 

of rapidly expandable influenza vaccine production technologies, 

$50,000,000, to remain available until expended. 

GENERAL PROVISIONS 

SEC. 201. Funds appropriated in this title shall be available for 

not to exceed $50,000 for official reception and representation expenses when specifically approved by the Secretary.

251

SEC. 202. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs 

through and with funds provided by the Agency for International 

Development, the United Nations International Children’s Emergency Fund or the World Health Organization. 

SEC. 203. None of the funds appropriated under this Act may 

be used to implement section 399F(b) of the Public Health Service 

Act or section 1503 of the National Institutes of Health Revitalization Act of 1993, Public Law 103–43. 

SEC. 204. None of the funds appropriated in this Act for the 

National Institutes of Health, the Agency for Healthcare Research 

and Quality, and the Substance Abuse and Mental Health Services 

Administration shall be used to pay the salary of an individual, 

through a grant or other extramural mechanism, at a rate in excess 

of Executive Level I. 

SEC. 205. None of the funds appropriated in this Act may be 

expended pursuant to section 241 of the Public Health Service Act, 

except for funds specifically provided for in this Act, or for other 

taps and assessments made by any office located in the Department 

of Health and Human Services, prior to the Secretary’s preparation 

and submission of a report to the Committee on Appropriations of 

the Senate and of the House detailing the planned uses of such 

funds. 

SEC. 206. Notwithstanding section 241(a) of the Public Health 

Service Act, such portion as the Secretary shall determine, but not 

more than 2.2 percent, of any amounts appropriated for programs 

authorized under said Act shall be made available for the evaluation (directly, or by grants or contracts) of the implementation and 

effectiveness of such programs. 

(TRANSFER OF FUNDS)

SEC. 207. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985, as amended) which are appropriated for the current fiscal year for the Department of Health and Human Services in this 

Act may be transferred between appropriations, but no such appropriation shall be increased by more than 3 percent by any such 

transfer: Provided, That an appropriation may be increased by up 

to an additional 2 percent subject to approval by the House and 

Senate Committees on Appropriations: Provided further, That the 

Appropriations Committees of both Houses of Congress are notified 

at least 15 days in advance of any transfer. 

SEC. 208. The Director of the National Institutes of Health, 

jointly with the Director of the Office of AIDS Research, may transfer up to 3 percent among institutes, centers, and divisions from the 

total amounts identified by these two Directors as funding for research pertaining to the human immunodeficiency virus: Provided, 

That the Congress is promptly notified of the transfer. 

SEC. 209. Of the amounts made available in this Act for the 

National Institutes of Health, the amount for research related to the 

human immunodeficiency virus, as jointly determined by the Director of the National Institutes of Health and the Director of the Office 

of AIDS Research, shall be made available to the ‘‘Office of AIDS 

Research’’ account. The Director of the Office of AIDS Research 

252

shall transfer from such account amounts necessary to carry out section 2353(d)(3) of the Public Health Service Act. 

SEC. 210. None of the funds appropriated in this Act may be 

made available to any entity under title X of the Public Health 

Service Act unless the applicant for the award certifies to the Secretary that it encourages family participation in the decision of minors to seek family planning services and that it provides counseling to minors on how to resist attempts to coerce minors into engaging in sexual activities. 

SEC. 211. None of the funds appropriated by this Act (including 

funds appropriated to any trust fund) may be used to carry out the 

Medicare+Choice program if the Secretary denies participation in 

such program to an otherwise eligible entity (including a Provider 

Sponsored Organization) because the entity informs the Secretary 

that it will not provide, pay for, provide coverage of, or provide referrals for abortions: Provided, That the Secretary shall make appropriate prospective adjustments to the capitation payment to such 

an entity (based on an actuarially sound estimate of the expected 

costs of providing the service to such entity’s enrollees): Provided 

further, That nothing in this section shall be construed to change 

the Medicare program’s coverage for such services and a 

Medicare+Choice organization described in this section shall be responsible for informing enrollees where to obtain information about 

all Medicare covered services. 

SEC. 212. Notwithstanding any other provision of law, no provider of services under title X of the Public Health Service Act shall 

be exempt from any State law requiring notification or the reporting 

of child abuse, child molestation, sexual abuse, rape, or incest. 

SEC. 213. The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is 

amended—

(1) in section 599D (8 U.S.C. 1157 note)—

(A) in subsection (b)(3), by striking ‘‘1997, 1998, 1999, 

2000, 2001, 2002, and 2003’’ and inserting ‘‘1997, 1998, 

1999, 2000, 2001, 2002, 2003, and 2004’’; and 

(B) in subsection (e), by striking ‘‘October 1, 2003’’ each 

place it appears and inserting ‘‘October 1, 2004’’; 

(C) in subsection (b)(1)—

(i) in subparagraph (A), by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (B), by striking the period 

and inserting ‘‘; and’’; and 

(iii) by adding at the end the following: 

‘‘(C) one or more categories of aliens who are or were nationals and residents of the Islamic Republic or Iran who, as 

members of a religious minority in Iran, share common characteristics that identify them as targets of persecution in that state 

on account of race, religion, nationality, membership in a particular social group, or political opinion.’’; and 

(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), 

by striking ‘‘September 30, 2003’’ and inserting ‘‘September 30, 

2004’’. 

SEC. 214. (a) Except as provided by subsection (e) none of the 

funds appropriated by this Act may be used to withhold substance 

abuse funding from a State pursuant to section 1926 of the Public 

253

Health Service Act (42 U.S.C. 300x–26) if such State certifies to the 

Secretary of Health and Human Services by May 1, 2004 that the 

State will commit additional State funds, in accordance with subsection (b), to ensure compliance with State laws prohibiting the 

sale of tobacco products to individuals under 18 years of age. 

(b) The amount of funds to be committed by a State under subsection (a) shall be equal to 1 percent of such State’s substance 

abuse block grant allocation for each percentage point by which the 

State misses the retailer compliance rate goal established by the 

Secretary of Health and Human Services under section 1926 of such 

Act. 

(c) The State is to maintain State expenditures in fiscal year 

2004 for tobacco prevention programs and for compliance activities 

at a level that is not less than the level of such expenditures maintained by the State for fiscal year 2003, and adding to that level the 

additional funds for tobacco compliance activities required under 

subsection (a). The State is to submit a report to the Secretary on 

all fiscal year 2003 State expenditures and all fiscal year 2004 obligations for tobacco prevention and compliance activities by program 

activity by July 31, 2004. 

(d) The Secretary shall exercise discretion in enforcing the timing of the State obligation of the additional funds required by the 

certification described in subsection (a) as late as July 31, 2004. 

(e) None of the funds appropriated by this Act may be used to 

withhold substance abuse funding pursuant to section 1926 from a 

territory that receives less than $1,000,000. 

SEC. 215. In order for the Centers for Disease Control and Prevention to carry out international health activities, including HIV/

AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during fiscal year 2004, the 

Secretary of Health and Human Services—

(1) may exercise authority equivalent to that available to 

the Secretary of State in section 2(c) of the State Department 

Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary 

of Health and Human Services shall consult with the Secretary 

of State and relevant Chief of Mission to ensure that the authority provided in this section is exercised in a manner consistent with section 207 of the Foreign Service Act of 1980 (22 

U.S.C. 3927) and other applicable statutes administered by the 

Department of State, and 

(2) is authorized to provide such funds by advance or reimbursement to the Secretary of State as may be necessary to pay 

the costs of acquisition, lease, alteration, renovation, and management of facilities outside of the United States for the use of 

the Department of Health and Human Services. The Department of State shall cooperate fully with the Secretary of Health 

and Human Services to ensure that the Department of Health 

and Human Services has secure, safe, functional facilities that 

comply with applicable regulation governing location, setback, 

and other facilities requirements and serve the purposes established by this Act. The Secretary of Health and Human Services 

is authorized, in consultation with the Secretary of State, 

through grant or cooperative agreement, to make available to 

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254

ovate facilities in those countries as necessary to conduct programs of assistance for international health activities, including 

activities relating to HIV/AIDS and other infectious diseases, 

chronic and environmental diseases, and other health activities 

abroad.

SEC. 216. The Division of Federal Occupational Health may 

utilize personal services contracting to employ professional management/administrative and occupational health professionals. 

SEC. 217. Notwithstanding section 409B(c) of the Public Health 

Service Act regarding a limitation on the number of such grants, 

funds appropriated in this Act and Acts in fiscal years thereafter 

may be expended by the Director of the National Institutes of Health 

to award Core Center Grants to encourage the development of innovative multidisciplinary research and provide training concerning 

Parkinson’s disease. Each center funded under such grants shall be 

designated as a Morris K. Udall Center for Research on Parkinson’s 

Disease. 

SEC. 218. Not later than 90 days after the date of enactment of 

this Act, the Director of the National Institutes of Health shall submit to the appropriate committees of Congress a report that shall—

(1) contain the recommendations of the Director concerning 

the role of the National Institutes of Health in promoting the 

affordability of inventions and products developed with Federal 

funds; and 

(2) specify whether any circumstances exist to prevent the 

Director from promoting the affordability of inventions and 

products developed with Federal funds. 

SEC. 219. Notwithstanding any other provisions of law, funds 

made available under this heading may be used to continue operating the Council on Graduate Medical Education established by 

section 301 of Public Law 102–408. 

SEC. 220. DESIGNATION OF SENATOR PAUL D. WELLSTONE NIH 

MDCRC PROGRAM. (a) FINDINGS.—Congress finds the following: 

(1) On December 18, 2001, Public Law 107–84, otherwise 

known as the Muscular Dystrophy Community Assistance, Research and Education Amendments of 2001, or the MD CARE 

Act, was signed into law to provide for research and education 

with respect to various forms of muscular dystrophy, including 

Duchenne, Becker, limb girdle, congenital, facioscapulohumeral, 

myotonic, oculopharyngeal, distal, and EmeryDreifuss muscular dystrophies. 

(2) In response to the MD CARE Act of 2001, in September 

2002, the National Institutes of Health (NIH) announced its intention to establish the Muscular Dystrophy Cooperative Research Centers (MDCRC) program. 

(3) Senator Paul D. Wellstone was a driving force behind 

enactment of the MD CARE Act, which led to the establishment 

of the MDCRC program. 

(b) DESIGNATION.—The NIH Muscular Dystrophy Cooperative 

Research Centers (MDCRC) program shall be known and designated as the ‘‘Senator Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers’’, in honor of Senator Paul D. Wellstone 

who was deceased on October 25, 2002. 

(c) REFERENCES.—Any reference in a law, regulation, document, 

paper, or other record of the United States to the NIH program of 

255

Muscular Dystrophy Cooperative Research Centers shall be deemed 

to be a reference to the ‘‘Senator Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers. 

SEC. 221. (a) AUTHORITY.—Notwithstanding any other provision of law, the Director of the National Institutes of Health may 

use funds available under section 402(i) of the Public Health Service 

Act (42 U.S.C. 282(i)) to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out research in 

support of the NIH Roadmap Initiative of the Director. 

(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director of the National Institutes of Health may utilize such peer review procedures (including consultation with appropriate scientific experts) as the Director determines to be appropriate 

to obtain assessments of scientific and technical merit. Such procedures shall apply to such transactions in lieu of the peer review and 

advisory council review procedures that would otherwise be required 

under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, 

and 494 of the Public Health Service Act (42 U.S.C. 241, 

284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 289a, and 289c). 

SEC. 222. Section 307(c) of the Denali Commission Act of 1998 

(42 U.S.C. 3121 note) is amended by striking ‘‘is authorized to make 

grants’’ and inserting ‘‘is authorized to make interagency transfers’’. 

This title may be cited as the ‘‘Department of Health and 

Human Services Appropriations Act, 2004’’. 

TITLE III—DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

For carrying out title I of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’) and section 418A of the Higher Education Act of 1965, $14,528,522,000, of which $6,983,169,000 shall 

become available on July 1, 2004, and shall remain available 

through September 30, 2005, and of which $7,383,301,000 shall become available on October 1, 2004, and shall remain available 

through September 30, 2005, for academic year 2004–2005: Provided, That $7,107,283,000 shall be available for basic grants under 

section 1124: Provided further, That up to $3,500,000 of these funds 

shall be available to the Secretary of Education on October 1, 2003, 

to obtain annually updated educational-agency-level census poverty 

data from the Bureau of the Census: Provided further, That 

$1,365,031,000 shall be available for concentration grants under 

section 1124A: Provided further, That $1,969,843,000 shall be available for targeted grants under section 1125: Provided further, That 

$1,969,843,000 shall be available for education finance incentive 

grants under section 1125A: Provided further, That $235,000,000 

shall be available for comprehensive school reform grants under 

part F of the ESEA: Provided further, That from the $8,842,000 

available to carry out part E of title I, up to $1,000,000 shall be 

available to the Secretary of Education to provide technical assistance to state and local educational agencies concerning part A of 

title I. 

256

IMPACT AID

For carrying out programs of financial assistance to federally 

affected schools authorized by title VIII of the Elementary and Secondary Education Act of 1965, $1,236,824,000, of which 

$1,070,000,000 shall be for basic support payments under section 

8003(b), $50,668,000 shall be for payments for children with disabilities under section 8003(d), $46,208,000 shall be for construction 

under section 8007 and shall remain available through September 

30, 2005, $62,000,000 shall be for Federal property payments under 

section 8002, and $7,948,000, to remain available until expended, 

shall be for facilities maintenance under section 8008: Provided, 

That $1,500,000 of the funds for section 8007 shall be available for 

the local educational agencies and in the amounts specified in the 

statement of the managers on the conference report accompanying 

this Act: Provided further, That, notwithstanding any other provision of law, these funds shall remain available until expended. 

SCHOOL IMPROVEMENT PROGRAMS

For carrying out school improvement activities authorized by titles II, part B of title IV, part A and subparts 6 and 9 of part D 

of title V, parts A and B of title VI, and parts B and C of title VII 

of the Elementary and Secondary Education Act of 1965 (‘‘ESEA’’); 

the McKinney-Vento Homeless Assistance Act; and the Civil Rights 

Act of 1964, $5,834,208,000, of which $4,282,199,000 shall become 

available on July 1, 2004, and remain available through September 

30, 2005, and of which $1,435,000,000 shall become available on 

October 1, 2004, and shall remain available through September 30, 

2005, for academic year 2004–2005: Provided, That funds made 

available to carry out part B of title VII of the ESEA may be used 

for construction, renovation and modernization of any elementary 

school, secondary school, or structure related to an elementary 

school or secondary school, run by the Department of Education of 

the State of Hawaii, that serves a predominantly Native Hawaiian 

student body: Provided further, That from the funds referred to in 

the preceding proviso, not less than $1,000,000 shall be for a grant 

to the Department of Education of the State of Hawaii for the activities described in such proviso: Provided further, That funds made 

available to carry out part C of title VII of the ESEA may be used 

for construction: Provided further, That $391,600,000 shall be for 

subpart 1 of part A of title VI of the ESEA: Provided further, That 

$27,821,000 shall be available to carry out part D of title V of the 

ESEA: Provided further, That no funds appropriated under this 

heading may be used to carry out section 5494 under the ESEA. 

INDIAN EDUCATION

For expenses necessary to carry out, to the extent not otherwise 

provided, title VII, part A of the Elementary and Secondary Education Act of 1965, $121,573,000.

INNOVATION AND IMPROVEMENT

For carrying out activities authorized by parts G and H of title 

I, subpart 5 of part A and parts C and D of title II, parts B, C, and 

D of title V, and section 1504 of the Elementary and Secondary 

257

Education Act of 1965 (‘‘ESEA’’), $1,106,811,000: Provided, That 

$74,513,000 for continuing and new grants to demonstrate effective 

approaches to comprehensive school reform shall become available 

on July 1, 2004, and remain available through September 30, 2005, 

and shall be allocated and expended in the same manner as the 

funds provided under the Fund for the Improvement of Education 

for this purpose were allocated and expended in fiscal year 2003: 

Provided further, That $18,500,000 shall be available to carry out 

section 2151(c) of the ESEA, of which not less than $10,000,000 

shall be provided to the National Board for Professional Teaching 

Standards, not less than $7,000,000 shall be provided to the National Council on Teacher Quality, and up to $1,500,000 may be reserved by the Secretary to conduct an evaluation of activities authorized by such section: Provided further, That $430,463,000 shall 

be available to carry out part D of title V of the ESEA: Provided 

further, That $177,271,000 of the funds for subpart 1, part D of title 

V of the ESEA shall be available for the projects and in the 

amounts specified in the statement of the managers on the conference report accompanying this Act. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION

For carrying out activities authorized by subpart 3 of part C of 

title II, part A of title IV, and subparts 2, 3 and 10 of part D of 

title V of the Elementary and Secondary Education Act of 1965 

(‘‘ESEA’’), title VIII–D of the Higher Education Amendments of 

1998, and Public Law 102–73, $862,813,000, of which $470,483,000 

shall become available on July 1, 2004 and remain available 

through September 30, 2005: Provided, That of the amount available for subpart 2 of part A of title IV of the ESEA, $850,000 shall 

be used to continue the National Recognition Awards program 

under the same guidelines outlined by section 120(f) of Public Law 

105–244: Provided further, That $445,483,000 shall be available for 

subpart 1 of part A of title IV and $234,680,000 shall be available 

for subpart 2 of part A of title IV: Provided further, That 

$128,838,000 shall be available to carry out part D of title V of the 

ESEA: Provided further, That of the funds available to carry out 

subpart 3 of part C of title II, up to $11,922,000 may be used to 

carry out section 2345 and $2,980,000 shall be used by the Center 

for Civic Education to implement a comprehensive program to improve public knowledge, understanding, and support of the Congress and the state legislatures: Provided further, That $25,000,000 

shall be for Youth Offender Grants, of which $5,000,000 shall be 

used in accordance with section 601 of Public Law 102–73 as that 

section was in effect prior to enactment of Public Law 105–220. 

ENGLISH LANGUAGE ACQUISITION

For carrying out part A of title III of the ESEA, $685,258,000, 

of which $560,301,000 shall become available on July 1, 2004, and 

shall remain available through September 30, 2005: Provided, That 

notwithstanding section 3111(c)(4)(B)(ii), the Secretary may, in determining the allotments under section 3111(c)(3), use the same 

Census data for the number of limited English proficient children 

and youth used for the previous year’s allotments under section 

3111(c)(3) and the most recent data collected from States for the 

258

number of immigrant children and youth that is acceptable to the 

Secretary: Provided further, That funds reserved under section 

3111(c)(1)(D) of the ESEA that are not used in accordance with section 3111(c)(2) may be added to the funds that are available July 

1, 2004 through September 30, 2005 for State allotments under section 3111(c)(3). 

SPECIAL EDUCATION

For carrying out the Individuals with Disabilities Education 

Act, $11,307,072,000, of which $5,604,762,000 shall become available for obligation on July 1, 2004, and shall remain available 

through September 30, 2005, and of which $5,413,000,000 shall become available on October 1, 2004, and shall remain available 

through September 30, 2005, for academic year 2004–2005: Provided, That $11,400,000 shall be for Recording for the Blind and 

Dyslexic to support the development, production, and circulation of 

recorded educational materials: Provided further, That $1,500,000 

shall be for the recipient of funds provided by Public Law 105–78 

under section 687(b)(2)(G) of the Act to provide information on diagnosis, intervention, and teaching strategies for children with disabilities: Provided further, That the amount for section 611(c) of the 

Act shall be equal to the amount available for that section during 

fiscal year 2003, increased by the amount of inflation as specified 

in section 611(f)(1)(B)(ii) of the Act: Provided further, That 

$6,879,000 of the funds for section 672 of the Act shall be available 

for the projects and in the amounts specified in the statement of the 

managers of the conference report accompanying this Act. 

REHABILITATION SERVICES AND DISABILITY RESEARCH

For carrying out, to the extent not otherwise provided, the Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and the 

Helen Keller National Center Act, $3,013,305,000, of which 

$1,000,000 shall be awarded to the American Academy of Orthotists 

and Prosthetists for activities that further the purposes of the grant 

received by the Academy for the period beginning October 1, 2003, 

including activities to meet the demand for orthotic and prosthetic 

provider services and improve patient care: Provided, That the 

funds provided for title I of the Assistive Technology Act of 1998 

(‘‘the AT Act’’) shall be allocated notwithstanding section 105(b)(1) 

of the AT Act: Provided further, That section 101(f) of the AT Act 

shall not limit the award of an extension grant to three years: Provided further, That no State or outlying area awarded funds under 

section 101 shall receive less than the amount received in fiscal year 

2003: Provided further, That $5,035,000 of the funds for section 303 

of the Rehabilitation Act of 1973 shall be available for the projects 

and in the amounts specified in the statement of the managers of 

the conference report accompanying this Act. 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES

AMERICAN PRINTING HOUSE FOR THE BLIND

For carrying out the Act of March 3, 1879, as amended (20 

U.S.C. 101 et seq.), $16,500,000. 

259

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

For the National Technical Institute for the Deaf under titles I 

and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et 

seq.), $53,800,000, of which $367,000 shall be for construction and 

shall remain available until expended: Provided, That from the 

total amount available, the Institute may at its discretion use funds 

for the endowment program as authorized under section 207. 

GALLAUDET UNIVERSITY

For the Kendall Demonstration Elementary School, the Model 

Secondary School for the Deaf, and the partial support of Gallaudet 

University under titles I and II of the Education of the Deaf Act of 

1986 (20 U.S.C. 4301 et seq.), $100,800,000: Provided, That from 

the total amount available, the University may at its discretion use 

funds for the endowment program as authorized under section 207. 

VOCATIONAL AND ADULT EDUCATION

For carrying out, to the extent not otherwise provided, the Carl 

D. Perkins Vocational and Technical Education Act of 1998, the 

Adult Education and Family Literacy Act, and subparts 4 and 11 

of part D of title V of the Elementary and Secondary Education Act 

of 1965 (‘‘ESEA’’), $2,121,690,000, of which $1,304,712,000 shall become available on July 1, 2004 and shall remain available through 

September 30, 2005 and of which $791,000,000 shall become available on October 1, 2004 and shall remain available through September 30, 2005: Provided, That notwithstanding any other provision of law or any regulation, the Secretary of Education shall not 

require the use of a restricted indirect cost rate for grants issued 

pursuant to section 117 of the Carl D. Perkins Vocational and Technical Education Act of 1998: Provided further, That of the amount 

provided for Adult Education State Grants, $69,545,000 shall be 

made available for integrated English literacy and civics education 

services to immigrants and other limited English proficient populations: Provided further, That of the amount reserved for integrated English literacy and civics education, notwithstanding section 211 of the Adult Education and Family Literacy Act, 65 percent 

shall be allocated to States based on a State’s absolute need as determined by calculating each State’s share of a 10-year average of 

the Immigration and Naturalization Service data for immigrants 

admitted for legal permanent residence for the 10 most recent years, 

and 35 percent allocated to States that experienced growth as measured by the average of the 3 most recent years for which Immigration and Naturalization Service data for immigrants admitted for 

legal permanent residence are available, except that no State shall 

be allocated an amount less than $60,000: Provided further, That 

of the amounts made available for the Adult Education and Family 

Literacy Act, $9,223,000 shall be for national leadership activities 

under section 243 and $6,732,000 shall be for the National Institute 

for Literacy under section 242: Provided further, That $185,000,000 

shall be available to carry out part D of title V of the ESEA: Provided further, That $175,000,000 shall be available to support the 

activities authorized under subpart 4 of part D of title V of the Elementary and Secondary Education Act of 1965, of which up to 5 

percent shall become available October 1, 2003 and shall remain 

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available through September 30, 2005, for evaluation, technical assistance, school networking, peer review of applications, and program outreach activities, and of which not less than 95 percent 

shall become available on July 1, 2004, and remain available 

through September 30, 2005, for grants to local educational agencies: Provided further, That funds made available to local education 

agencies under this subpart shall be used only for activities related 

to establishing smaller learning communities in high schools. 

STUDENT FINANCIAL ASSISTANCE

For carrying out subparts 1, 3 and 4 of part A, part C and part 

E of title IV of the Higher Education Act of 1965, as amended, 

$14,090,430,000, which shall remain available through September 

30, 2005. 

The maximum Pell Grant for which a student shall be eligible 

during award year 2004–2005 shall be $4,050.

STUDENT AID ADMINISTRATION

For Federal administrative expenses (in addition to funds made 

available under section 458), to carry out part D of title I, and subparts 1, 3, and 4 of part A, and parts B, C, D and E of title IV 

of the Higher Education Act of 1965, as amended, $118,010,000. 

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, section 

121 and titles II, III, IV, V, VI, and VII of the Higher Education 

Act of 1965 (‘‘HEA’’), as amended, section 1543 of the Higher Education Amendments of 1992, title VIII of the Higher Education 

Amendments of 1998, and the Mutual Educational and Cultural 

Exchange Act of 1961, $2,094,511,000, of which $2,000,000 for interest subsidies authorized by section 121 of the HEA shall remain 

available until expended: Provided, That $9,935,000, to remain 

available through September 30, 2005, shall be available to fund 

fellowships for academic year 2005–2006 under part A, subpart 1 

of title VII of said Act, under the terms and conditions of part A, 

subpart 1: Provided further, That $994,000 is for data collection 

and evaluation activities for programs under the HEA, including 

such activities needed to comply with the Government Performance 

and Results Act of 1993: Provided further, That notwithstanding 

any other provision of law, funds made available in this Act to 

carry out title VI of the HEA and section 102(b)(6) of the Mutual 

Educational and Cultural Exchange Act of 1961 may be used to 

support visits and study in foreign countries by individuals who are 

participating in advanced foreign language training and international studies in areas that are vital to United States national security and who plan to apply their language skills and knowledge 

of these countries in the fields of government, the professions, or 

international development: Provided further, That up to one percent 

of the funds referred to in the preceding proviso may be used for 

program evaluation, national outreach, and information dissemination activities: Provided further, That $123,110,000 of the funds for 

part B of title VII of the Higher Education Act of 1965 shall be 

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ment of the managers of the conference report accompanying this 

Act. 

HOWARD UNIVERSITY

For partial support of Howard University (20 U.S.C. 121 et 

seq.), $240,180,000, of which not less than $3,573,000 shall be for 

a matching endowment grant pursuant to the Howard University 

Endowment Act (Public Law 98–480) and shall remain available 

until expended. 

COLLEGE HOUSING AND ACADEMIC FACILITIES LOANS PROGRAM

For Federal administrative expenses authorized under section 

121 of the Higher Education Act of 1965, $774,000 to carry out activities related to existing facility loans entered into under the Higher Education Act of 1965. 

HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL

FINANCING PROGRAM ACCOUNT

The aggregate principal amount of outstanding bonds insured 

pursuant to section 344 of title III, part D of the Higher Education 

Act of 1965, shall not exceed $357,000,000, and the cost, as defined 

in section 502 of the Congressional Budget Act of 1974, of such 

bonds shall not exceed zero. 

For administrative expenses to carry out the Historically Black 

College and University Capital Financing Program entered into 

pursuant to title III, part D of the Higher Education Act of 1965, 

as amended, $210,000. 

INSTITUTE OF EDUCATION SCIENCES

For carrying out activities authorized by Public Law 107–279, 

$478,717,000: Provided, That, of the amount appropriated, 

$166,500,000 shall be available for obligation through September 

30, 2005: Provided further, That of the amount provided to carry 

out title I, parts B and D of Public Law 107–279, not less than 

$24,362,000 shall be for the national research and development centers authorized under section 133(c): Provided further, That 

$4,968,000 shall be available to extend for one additional year the 

contract for the Eisenhower National Clearinghouse for Mathematics and Science Education authorized under section 2102(a)(2) 

of the Elementary and Secondary Education Act of 1965, prior to 

its amendment by the No Child Left Behind Act of 2001, Public 

Law 107–110. 

DEPARTMENTAL MANAGEMENT

PROGRAM ADMINISTRATION

For carrying out, to the extent not otherwise provided, the Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $425,000,000, of which $13,644,000, to remain available until expended, shall be for building alterations and 

related expenses for the relocation of Department staff to Potomac 

Center Plaza in Washington, D.C. 

262

OFFICE FOR CIVIL RIGHTS

For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization 

Act, $89,275,000. 

OFFICE OF THE INSPECTOR GENERAL

For expenses necessary for the Office of the Inspector General, 

as authorized by section 212 of the Department of Education Organization Act, $47,137,000.

GENERAL PROVISIONS 

SEC. 301. No funds appropriated in this Act may be used for 

the transportation of students or teachers (or for the purchase of 

equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of 

students or teachers (or for the purchase of equipment for such 

transportation) in order to carry out a plan of racial desegregation 

of any school or school system. 

SEC. 302. None of the funds contained in this Act shall be used 

to require, directly or indirectly, the transportation of any student 

to a school other than the school which is nearest the student’s 

home, except for a student requiring special education, to the school 

offering such special education, in order to comply with title VI of 

the Civil Rights Act of 1964. For the purpose of this section an indirect requirement of transportation of students includes the transportation of students to carry out a plan involving the reorganization 

of the grade structure of schools, the pairing of schools, or the clustering of schools, or any combination of grade restructuring, pairing 

or clustering. The prohibition described in this section does not include the establishment of magnet schools. 

SEC. 303. No funds appropriated under this Act may be used 

to prevent the implementation of programs of voluntary prayer and 

meditation in the public schools. 

(TRANSFER OF FUNDS)

SEC. 304. Not to exceed 1 percent of any discretionary funds 

(pursuant to the Balanced Budget and Emergency Deficit Control 

Act of 1985, as amended) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but no such appropriation shall be increased by more 

than 3 percent by any such transfer: Provided, That the Appropriations Committees of both Houses of Congress are notified at least 15 

days in advance of any transfer. 

SEC. 305. SPECIAL STUDY OF SIMPLIFICATION OF NEED ANALYSIS AND APPLICATION FOR TITLE IV AID. (a) STUDY REQUIRED.—

The Advisory Committee on Student Financial Assistance established by section 491 of the Higher Education Act of 1965 (20 

U.S.C. 1098), hereafter in this section referred to as ‘‘the Advisory 

Committee’’, shall conduct a thorough study of the feasibility of simplifying the need analysis methodology for all Federal student financial assistance programs and the process of applying for such 

assistance. 

263

(b) REQUIRED SUBJECTS OF STUDY.—In performing the study, 

the Advisory Committee shall, at a minimum, examine the following: 

(1) whether the methodology used to calculate the expected 

family contribution can be simplified without significant adverse effects on program intent, costs, integrity, delivery, and 

distribution of awards; 

(2) whether the number of data elements, and, accordingly, 

the number and complexity of questions asked of students and 

families, used to calculate the expected family contribution can 

be reduced without such adverse effects; 

(3) whether the procedures for determining such data elements, including determining and updating offsets and allowances, is the most efficient, effective, and fair means to determine a family’s available income and assets; 

(4) whether the methodology used to calculate the expected 

family contribution, specifically the consideration of income 

earned by a dependent student and its effect on Pell grant eligibility, is an effective and fair means to determine a family’s 

available income and a student’s need; 

(5) whether the nature and timing of the application required in section 483(a)(1) of the Higher Education Act of 1965 

(20 U.S.C. 1090(a)(1)), eligibility and award determination, financial aid processing, and funds delivery can be streamlined 

further for students and families, institutions, and States; 

(6) whether it is feasible to allow students to complete only 

those limited sections of the financial aid application that apply 

to their specific circumstances and the State in which they reside; 

(7) whether a widely disseminated printed form, or the use 

of an Internet or other electronic means, can be developed to notify individuals of an estimation of their approximate eligibility 

for grant, work-study, and loan assistance upon completion and 

verification of the simplified application form; 

(8) whether information provided on other Federal forms 

(such as the form applying for supplemental security income 

under title XVI of the Social Security Act, the form for applying 

for food stamps under the Food Stamp Act of 1977, and the 

schedule for applying for the earned income tax credit under 

section 32 of the Internal Revenue Code of 1986) that are designed to determine eligibility for various Federal need-based 

assistance programs could be used to qualify potential students 

for the simplified needs test; and 

(9) whether any proposed changes to data elements collected, in addition to those used to calculate expected family 

contribution, or any proposed changes to the form’s design or 

the process of applying for aid, may have adverse effects on program costs, integrity, delivery, or distribution of awards, as 

well as, application development or application processing. 

(c) ADDITIONAL CONSIDERATIONS.—In conducting the feasibility 

study, the Advisory Committee’s primary objective under this subsection shall be simplifying the financial aid application forms and 

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264

mittee shall pay special attention to the needs of low-income and 

moderate-income students and families. 

(d) CONSULTATION.— (1) IN GENERAL.—The Advisory Committee shall consult 

with a broad range of interested parties in higher education, including parents and students, high school guidance counselors, 

financial aid and other campus administrators, appropriate 

State administrators, administrators of intervention and outreach programs, and appropriate officials from the Department 

of Education. 

(2) FORMS DESIGN EXPERT.—With the goal of making significant changes to the form to make the questions more easily 

understandable, the Advisory Committee shall consult a forms 

design expert to ensure that its recommendations for revision of 

the application form would assist in making the form easily 

readable and understood by parents, students, and other members of the public. 

(3) CONGRESSIONAL CONSULTATION.—The Advisory Committee shall consult on a regular basis with the Committee on 

Education and the Workforce of the House of Representatives 

and the Committee on Health, Education, Labor, and Pensions 

of the Senate in carrying out the feasibility study required by 

this subsection. 

(4) DEPARTMENTAL CONSULTATION.—The Secretary of Education shall provide such assistance to the Advisory Committee 

as is requested and practicable in conducting the study required 

by this subsection. 

(e) REPORTS.— (1) INTERIM REPORT.—The Advisory Committee shall, not 

later than six months after the date of enactment of this Act, 

prepare and submit an interim report containing any such legislative changes as the Advisory Committee recommends to reform and simplify the needs analysis under part F of title IV 

of the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) 

and forms and other requirements under such title to the Committee on Education and the Workforce of the House of Representatives, the Committee on Health, Education, Labor, and 

Pensions of the Senate, and the Secretary of Education. 

(2) FINAL REPORT.—The Advisory Committee shall, not 

later than one year after the date of enactment of this Act, prepare and submit a full final report on the study, including recommendations for regulatory and administrative changes required by this section, to the Committee on Education and the 

Workforce of the House of Representatives, the Committee on 

Health, Education, Labor, and Pensions of the Senate, and the 

Secretary of Education. 

(f) IMPLEMENTATION.—The Secretary of Education shall consult 

with the Committee on Education and the Workforce of the House 

of Representatives and the Committee on Health, Education, Labor, 

and Pensions of the Senate and shall subsequently initiate a redesign of the form required by section 483 of the Higher Education Act 

of 1965 (20 U.S.C. 1090). Such redesign shall include the testing of 

alternative simplified versions of the free federal form. The Secretary shall keep the Committee on Education and the Workforce of 

the House of Representatives and the Committee on Health, EduVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00268 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
265

cation, Labor, and Pensions of the Senate fully and currently informed on the progress of these efforts. 

(g) POSTPONEMENT OF TAX TABLE UPDATE PENDING REPORT

AND IMPLEMENTATION.—The Secretary of Education shall not implement or enforce for the award year 2004–2005 the annual update 

to the allowances for State and other taxes in the tables used in the 

Federal needs analysis methodology, as prescribed by the Secretary 

on May 30, 2003 (68 Fed. Reg. 32473). 

SEC. 306. The Secretary of Education shall treat as timely filed 

an application under section 8003 of the Elementary and Secondary 

Education Act of 1965 from the local educational agency for 

Hydaburg, Alaska, for a payment for fiscal year 2004, and shall 

process such application for payment, if the Secretary has received 

the fiscal year 2004 application not later than 30 days after the date 

of enactment of this Act. 

This title may be cited as the ‘‘Department of Education Appropriations Act, 2004’’. 

TITLE IV—RELATED AGENCIES 

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home—

Washington and the Armed Forces Retirement Home—Gulfport, to 

be paid from funds available in the Armed Forces Retirement Home 

Trust Fund, $65,279,000, of which $1,983,000 shall remain available until expended for construction and renovation of the physical 

plants at the Armed Forces Retirement Home—Washington and the 

Armed Forces Retirement Home—Gulfport. 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

For expenses necessary for the Corporation for National and 

Community Service to carry out the provisions of the Domestic Volunteer Service Act of 1973, as amended, $356,443,000: Provided, 

That none of the funds made available to the Corporation for National and Community Service in this Act for activities authorized 

by section 122 of Part C of Title I and Part E of Title II of the Domestic Volunteer Service Act of 1973 shall be used to provide stipends or other monetary incentives to volunteers or volunteer leaders whose incomes exceed 125 percent of the national poverty level. 

CORPORATION FOR PUBLIC BROADCASTING

For payment to the Corporation for Public Broadcasting, as authorized by the Communications Act of 1934, an amount which 

shall be available within limitations specified by that Act, for the 

fiscal year 2006, $400,000,000: Provided, That no funds made 

available to the Corporation for Public Broadcasting by this Act 

shall be used to pay for receptions, parties, or similar forms of entertainment for Government officials or employees: Provided further, 

That none of the funds contained in this paragraph shall be available or used to aid or support any program or activity from which 

any person is excluded, or is denied benefits, or is discriminated 

266

against, on the basis of race, color, national origin, religion, or sex: 

Provided further, That for fiscal year 2004, in addition to the 

amounts provided above, $50,000,000 shall be for costs related to 

digital program production, development, and distribution, associated with the transition of public broadcasting to digital broadcasting, to be awarded as determined by the Corporation in consultation with public radio and television licensees or permittees, or 

their designated representatives: Provided further, That for fiscal 

year 2004, in addition to the amounts provided above, $10,000,000 

shall be for the costs associated with implementing the first phase 

of the next generation interconnection system. 

FEDERAL MEDIATION AND CONCILIATION SERVICE

SALARIES AND EXPENSES

For expenses necessary for the Federal Mediation and Conciliation Service to carry out the functions vested in it by the Labor 

Management Relations Act, 1947 (29 U.S.C. 171–180, 182–183), including hire of passenger motor vehicles; for expenses necessary for 

the Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a); 

and for expenses necessary for the Service to carry out the functions 

vested in it by the Civil Service Reform Act, Public Law 95–454 (5 

U.S.C. ch. 71), $43,385,000, including $1,500,000, to remain available through September 30, 2005, for activities authorized by the 

Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to 

full-cost recovery, for special training activities and other conflict 

resolution services and technical assistance, including those provided to foreign governments and international organizations, and 

for arbitration services shall be credited to and merged with this account, and shall remain available until expended: Provided further, 

That fees for arbitration services shall be available only for education, training, and professional development of the agency workforce: Provided further, That the Director of the Service is authorized to accept and use on behalf of the United States gifts of services 

and real, personal, or other property in the aid of any projects or 

functions within the Director’s jurisdiction.

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

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

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

For carrying out the Museum and Library Services Act of 1996, 

$262,596,000, to remain available until expended: Provided, That of 

the amount provided, $125,000 shall be awarded to the Alabama 

School of Math and Science at the University of Alabama for technology upgrades and library resources, $50,000 shall be awarded to 

the Alaska Moving Image Preservation Association, Anchorage, 

Alaska to digitize files/photos/videos of Alaskan history, $25,000 

shall be awarded to the Alex Haley House Museum, Henning, Tennessee for care and preservation of collection, $500,000 shall be 

awarded to the Allen County Historical Society, Lima, Ohio, for the 

267

‘‘Move Our Past Forward’’ project to expand and develop exhibits for 

their Children’s Discovery Museum Center, $75,000 shall be awarded to the Allentown Art Museum, Allentown, Pennsylvania, for educational programming for school districts, $100,000 shall be awarded to the Alutiiq Museum, Kodiak, Alaska to support programs to 

teach students and adults how to develop traditional Native arts, 

$200,000 shall be awarded to the American Village Citizenship 

Trust, Montevallo, Alabama for a national initiative for teaching 

American history and civics, $100,000 shall be awarded to the Arab 

Community Center for Economic and Social Services (ACCESS), 

Dearborn, Michigan, for exhibits and museum programs, $100,000 

shall be awarded to the Ashland Community Arts Center, Ashland, 

Ohio, for Arts in Downtown project, $75,000 shall be awarded to the 

Athenaeum of Philadelphia, Philadelphia, Pennsylvania, to preserve 

library materials and access to information in the form of digital 

images on the Internet, $500,000 shall be awarded to the Beth 

Medrash Govoha, Lakewood, New Jersey, for equipment and exhibits for the Holocaust Library, $400,000 shall be awarded to the 

Bishop Museum in Hawaii for activities to preserve the culture of 

Native Hawaiians, $400,000 shall be awarded to the Bishop Museum in Hawaii to develop Native Hawaiian cultural projects in collaboration with the Peabody Museum of Massachusetts and an 

Alaskan museum, $900,000 shall be awarded to the Burpee Museum of Natural History, Rockford, Illinois, for community outreach 

and educational activities, $100,000 shall be awarded to the Campbell Center for Historic Preservation Studies, Mount Carroll, Illinois, for community outreach and program planning, $200,000 

shall be awarded to the Chaldean Community Culture Center, West 

Bloomfield, Michigan, for programs that promote Chaldean language, history, culture and teacher training, $250,000 shall be 

awarded to the Chapman University, Orange, California, for technological infrastructure, $250,000 shall be awarded to the Chartiers 

Valley Partnership, Inc., Carnegie, Pennsylvania, for technological 

upgrades and educational programs at the Andrew Carnegie Free 

Library, $113,000 shall be awarded to the Children’s Museum at La 

Habra, California, for a Hands On English Program, $144,000 

shall be awarded to the Children’s Museum of History, Natural History, Science and Technology, Utica, New York, for technology improvements, staffing and training, $400,000 shall be awarded to the 

Cincinnati Museum Center at Union Terminal, Cincinnati, Ohio, to 

develop and implement an integrated curriculum that will utilize its 

resources in art, science, and history when visiting the museum, 

$150,000 shall be awarded to the City of Hemet, California, for 

Hemet Public Library, for library materials and technological 

equipment, $387,000 shall be awarded to the City of Whittier, California, for the Whittier Public Library Children’s Area and History 

Room, $250,000 shall be awarded to the Cleveland Health Museum, 

Cleveland, Ohio, for exhibits, $100,000 shall be awarded to the College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to 

preserve medical library and art collection, $400,000 shall be 

awarded to the Davenport Music History Museum in Davenport, 

Iowa, $75,000 shall be awarded to the Delaware County Historical 

Society, Media, Pennsylvania, for educational programs highlighting historical themes and sites relating to Delaware County, 

$75,000 shall be awarded to the East Stroudsburg University, East 

268

Stroudsburg, Pennsylvania to preserve and develop exhibits for their 

Vintage Radio Programs and Jazz Museum, $100,000 shall be 

awarded to the Elmwood Zoo, Norristown, Pennsylvania for student 

education programs, $75,000 shall be awarded to the Erie County, 

Erie, Pennsylvania, for technology upgrades for the Erie County Library, $100,000 shall be awarded to the Fender Museum of the Arts 

Foundation, Corona, California, for the Kids Rock Free educational 

program, $200,000 shall be awarded to the Fine Arts Museums of 

San Francisco for the De Young Museum’s Art Education Program, 

$1,500,000 shall be awarded to the Florida Holocaust Museum, St. 

Petersburg, Florida, for school outreach program, $750,000 shall be 

awarded to the Florida International Museum, St. Petersburg, Florida, for professional activities, $1,600,000 shall be awarded to the 

Folger Library, Washington, DC for exhibits, operations, and public 

programs including education and outreach, $50,000 shall be 

awarded to the Forsyth County Public Library, Winston-Salem, 

North Carolina, for salaries, supplies, personnel and materials, 

$50,000 shall be awarded to the Gault Family Learning Center, 

Wooster, Ohio, for PALS/Parenting Resource Center/Growing Together, $250,000 shall be awarded to the General George S. Patton 

Jr. National Museum of Cavalry and Armor, Fort Knox, Kentucky, 

$500,000 shall be awarded to the George C. Marshall Foundation 

in Lexington, Virginia, for exhibit design and development and collection preservation, $500,000 shall be awarded to the Grout Museum, Waterloo, Iowa, for exhibits and design of the Sullivan Brothers Veterans Museum and Research Center, $200,000 shall be 

awarded to the Heritage Harbor Museum of Providence, Rhode Island for exhibit design and development relating Rhode Island and 

American history, $150,000 shall be awarded to the Hernando 

County Library System, Florida, for technology improvements at 

West Hernando Branch Library, Brooksville Main Library, Spring 

Hill Library, and East Hernando Branch Library, $250,000 shall be 

awarded to the Hesperia Community Library, Hesperia, California, 

$200,000 shall be awarded to the Historical Society of Western 

Pennsylvania, Pittsburgh, Pennsylvania for exhibit and curriculum 

development for the Western Pennsylvania Sports Museum at the 

Senator John Heinz Pittsburgh Regional History Center, $150,000 

shall be awarded to the Historical Society of Western Pennsylvania, 

Pittsburgh, Pennsylvania for exhibit design and development for the 

Meadowcraft Museum of Rural Life, $250,000 shall be awarded to 

the Idaho State University, Pocatello, Idaho, for a Virtual Idaho 

Museum of Natural History project, $50,000 shall be awarded to the 

Imaginarium Science Center, Anchorage, Alaska to develop science 

exhibits and distance delivery modules, $100,000 shall be awarded 

to the International Museum of Women to develop exhibits on the 

history of women’s lives worldwide, $100,000 shall be awarded to 

the International Storytelling Center, Jonesborough, Tennessee, 

$100,000 shall be awarded to the James Ford Bell Museum of Natural History, Minneapolis, Minnesota, to produce detailed exhibit 

design and development, $100,000 shall be awarded to the 

Kishacoquillas Valley Historical Society, Allensville, Pennsylvania 

for care and preservation of collection, $100,000 shall be awarded 

to the Lafayette College, Easton, Pennsylvania, for technology updates to the Skillman Library, $166,000 shall be awarded to the 

Madera County Resource Management Agency, Madera, California, 

269

$21,000 shall be awarded to the Magic House, Kirkwood, Missouri 

for the development and design of interactive exhibits and software 

to be used within The Magic Library to support family literacy, 

$100,000 shall be awarded to the Mary Meuser Memorial Library, 

Easton, Pennsylvania for library upgrades, $250,000 shall be 

awarded to the Metropolitan Museum of Art, New York, in conjunction with the Fairbanks Museum of Art and the Anchorage Museum 

of History and Art, for costs of mounting the exhibit and for costs 

associated with bringing the exhibit to Alaska, $350,000 shall be 

awarded to the Michigan Space and Science Center, Jackson, 

Michigan, for development of the strategic plan, operational costs 

and personnel, $450,000 shall be awarded to the Mississippi Department of Archives and History, Jackson, Mississippi, to complete 

the preservation and restoration of the Eudora Welty House, 

$75,000 shall be awarded to the Mobile Museum of Art, Mobile, 

Alabama for equipment and supplies, and for exhibit design and development, $100,000 shall be awarded to the Morehouse College Library, Atlanta, Georgia for historical preservation of documents and 

records, $100,000 shall be awarded to the Mother Bethel Foundation, Philadelphia, Pennsylvania for care and preservation of collection at the Richard Allen Museum, $225,000 shall be awarded to 

the Museum of Aviation Foundation Inc., Warner Robins, Georgia, 

$250,000 shall be awarded to the Museum of Broadcast Communications, Chicago, Illinois for educational programming, 

$1,000,000 shall be awarded to the Museum of Science in Boston, 

Massachusetts, for technology upgrades and equipment for the National Center for Technology Literacy, $100,000 shall be awarded to 

the Mystic Seaport, the Museum of America and the Sea, Mystic, 

Connecticut to support collections, $50,000 shall be awarded to the 

National Canal Museum, Easton, Pennsylvania, for educational 

programming and exhibits on the use of transportation and industrial technology along the Lehigh Canal, $400,000 shall be awarded 

to the National Center for American Revolution, Wayne, Pennsylvania, for exhibit design and curriculum development for the Museum of the American Revolution at Valley Forge National Historic 

Park, $50,000 shall be awarded to the National Center for the 

Study of Civil Rights and African-American Culture, Alabama 

State University, Montgomery, Alabama, for support of events leading into the 50th anniversary of the Montgomery Bus Boycott, 

$500,000 shall be awarded to the National Civil Rights Museum in 

Memphis for exhibit design and development, and for educational 

programs, $16,000 shall be awarded to the National Distance Running Hall of Fame, Utica, New York, for display cases and to establish new interactive displays, $500,000 shall be awarded to the National Liberty Museum, Philadelphia, Pennsylvania for a teacher 

training program to assist educators in addressing violence in 

schools, $650,000 shall be awarded to the National Mississippi 

River Museum and Aquarium in Dubuque, Iowa for exhibits, 

$200,000 shall be awarded to the National Museum of American 

Jewish History, Philadelphia, Pennsylvania for online educational 

programming and technology modernization, $1,000,000 shall be 

awarded to the National Museum of Women in the Arts, Washington, DC, $1,000,000 shall be awarded to the Native American 

Cultural and Educational Authority, Oklahoma City, Oklahoma, for 

the Oklahoma Native American Culture Center and Museum, to be 

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expended only upon meeting the matching requirements in Title III, 

section 301(b)(2)(B) of Public Law 107–331, $300,000 shall be 

awarded to the Negro Leagues Baseball Museum, Kansas City, Missouri, for exhibits for the Double Play Action Center, $400,000 shall 

be awarded to the New York Botanical Garden’s Virtual Herbarium 

imaging project in Bronx, New York, $900,000 shall be awarded to 

the New York Hall of Science to develop, expand, and display 

science-related educational materials, $420,000 shall be awarded to 

the Niagara County Historical Society, Lockport, New York, to create a state-of-the-art interpretive museum, $50,000 shall be awarded 

to the Northwest Museum of Arts and Culture, Spokane, Washington for the Star Nations Program, $210,000 shall be awarded to 

the O. Winston Link Museum, Roanoke, Virginia, for displays and 

digitization, $150,000 shall be awarded to the Piper’s Opera House 

Programs, Inc., Virginia City, Nevada for exhibit design and development, educational programming, and technology modernization, 

$100,000 shall be awarded to the Pittsburgh Children’s Museum, 

Pittsburgh, Pennsylvania, to expand arts and after-school programs 

for at-risk children, $50,000 shall be awarded to the Placer County 

Library, Auburn, California, to enhance library collection through 

the purchase of library materials, $977,000 shall be awarded to the 

Plano Community Library District, Plano, Illinois, for expenses related to the library, $725,000 shall be awarded to the Please Touch 

Museum, Philadelphia, Pennsylvania, to develop educational programs focusing on hands-on learning experiences, $100,000 shall be 

awarded to the Plumas County Library, Quincy, California, for library materials, $25,000 shall be awarded to the Putnam County 

Commissioners, Winfield, West Virginia, for technology for the public library system in Putnam County, $200,000 shall be awarded to 

the Rock and Roll Hall of Fame and Museum, Cleveland, Ohio for 

the Rockin’ the Schools education program, $50,000 shall be awarded to the Saint Tikhon’s Theological Seminary, South Canaan, 

Pennsylvania, for care and preservation of Russian artifacts, 

$250,000 shall be awarded to the San Bernardino County, San 

Bernardino, California for the San Bernardino County Museum, 

$100,000 shall be awarded to the Serra Cooperative Library System, 

San Diego, California, to provide Live Homework Help Project to 

help students with expert tutors for real-time online instructions, 

$100,000 shall be awarded to the Simon Wiesenthal Center’s Los 

Angeles Museum for Tolerance, Los Angeles, California, for the 

Tools for Tolerance for Educators program to provide teacher training in diversity, tolerance and cooperation, $25,000 shall be awarded to the Southern New Hampshire Services, Inc., Manchester, New 

Hampshire, for exhibit acquisition for SEE Science Center, $400,000 

shall be awarded to the Speed Art Museum, Louisville, Kentucky, 

$100,000 shall be awarded to the Standing Bear Museum and 

Learning Center, Ponca City, Oklahoma, $1,000,000 shall be 

awarded to the State Historical Society of Iowa in Des Moines, Iowa 

for the development of exhibits for the World Food Prize, $200,000 

shall be awarded to the Taft Museum of Art, Cincinnati, Ohio for 

educational programming and exhibits, $1,000,000 shall be awarded to the Tennessee State University African American History Museum, Nashville, Tennessee to enhance the library facilities which 

will include new exhibits, expanded archives, and research programs, $24,000 shall be awarded to The Arts Guild of Old Forge, 

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Old Forge, New York, for the new exhibits spaces and educational 

programs, $50,000 shall be awarded to the Tifton-Tift County Public Library, Tifton, Georgia, $60,000 shall be awarded to the 

Tillamook County Library, Tillamook, Oregon for design and development of exhibits and educational programs, $100,000 shall be 

awarded to the Town of Greece, Rochester, New York, for the Greece 

Public Library Security program, $50,000 shall be awarded to the 

Tuskegee Multicultural Center, Tuskegee, Alabama, to provide for 

technology enhancements and installation of exhibits, $400,000 

shall be awarded to the University of Idaho for digital archiving 

and preservation of historically significant American music and facilitating its access to students and scholars nationwide, $500,000 

shall be awarded to the Vietnam Archives Center at Texas Tech 

University, Lubbock, Texas, for technology infrastructure, $250,000 

shall be awarded to the Virginia Historical Society, Richmond, Virginia, to assist with educational programmatic development and for 

cataloging and archiving of business history records, $100,000 shall 

be awarded to the Virginia Living Museum for the expansion of its 

educational programs in its capital campaign project, $100,000 

shall be awarded to the Westminster College Library, New 

Willmington, Pennsylvania for technology upgrades and computers 

and community programming, $600,000 shall be awarded to the 

WWII Victory Memorial Museum, Auburn, Indiana, for interpretive 

dioramas, education, research library and visual documentary, and 

$100,000 shall be awarded to the Zimmer Children’s Museum, Los 

Angeles, California to expand the youTHink education program. 

MEDICARE PAYMENT ADVISORY COMMISSION

SALARIES AND EXPENSES

For expenses necessary to carry out section 1805 of the Social Security Act, $9,300,000, to be transferred to this appropriation 

from the Federal Hospital Insurance and the Federal Supplementary Medical Insurance Trust Funds. 

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

SALARIES AND EXPENSES

For necessary expenses for the National Commission on Libraries and Information Science, established by the Act of July 20, 1970 

(Public Law 91–345, as amended), $1,000,000. 

NATIONAL COUNCIL ON DISABILITY

SALARIES AND EXPENSES

For expenses necessary for the National Council on Disability 

as authorized by title IV of the Rehabilitation Act of 1973, as 

amended, $3,039,000.

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For expenses necessary for the National Labor Relations Board 

to carry out the functions vested in it by the Labor-Management Relations Act, 1947, as amended (29 U.S.C. 141–167), and other laws, 

272

$244,073,000: Provided, That no part of this appropriation shall be 

available to organize or assist in organizing agricultural laborers or 

used in connection with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers 

as referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 

152), and as amended by the Labor-Management Relations Act, 

1947, as amended, and as defined in section 3(f) of the Act of June 

25, 1938 (29 U.S.C. 203), and including in said definition employees engaged in the maintenance and operation of ditches, canals, 

reservoirs, and waterways when maintained or operated on a mutual, nonprofit basis and at least 95 percent of the water stored or 

supplied thereby is used for farming purposes. 

NATIONAL MEDIATION BOARD

SALARIES AND EXPENSES

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

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

SALARIES AND EXPENSES

For expenses necessary for the Occupational Safety and Health 

Review Commission (29 U.S.C. 661), $9,863,000. 

RAILROAD RETIREMENT BOARD

DUAL BENEFITS PAYMENTS ACCOUNT

For payment to the Dual Benefits Payments Account, authorized 

under section 15(d) of the Railroad Retirement Act of 1974, 

$119,000,000, which shall include amounts becoming available in 

fiscal year 2004 pursuant to section 224(c)(1)(B) of Public Law 98–

76; and in addition, an amount, not to exceed 2 percent of the 

amount provided herein, shall be available proportional to the 

amount by which the product of recipients and the average benefit 

received exceeds $119,000,000: Provided, That the total amount provided herein shall be credited in 12 approximately equal amounts 

on the first day of each month in the fiscal year. 

FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS

For payment to the accounts established in the Treasury for the 

payment of benefits under the Railroad Retirement Act for interest 

earned on unnegotiated checks, $150,000, to remain available 

through September 30, 2005, which shall be the maximum amount 

available for payment pursuant to section 417 of Public Law 98–76. 

LIMITATION ON ADMINISTRATION

For necessary expenses for the Railroad Retirement Board for 

administration of the Railroad Retirement Act and the Railroad 

Unemployment Insurance Act, $101,300,000, to be derived in such 

amounts as determined by the Board from the railroad retirement 

accounts and from moneys credited to the railroad unemployment 

insurance administration fund. 

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LIMITATION ON THE OFFICE OF INSPECTOR GENERAL

For expenses necessary for the Office of Inspector General for 

audit, investigatory and review activities, as authorized by the Inspector General Act of 1978, as amended, not more than $6,600,000, 

to be derived from the railroad retirement accounts and railroad 

unemployment insurance account: Provided, That none of the funds 

made available in any other paragraph of this Act may be transferred to the Office; used to carry out any such transfer; used to provide any office space, equipment, office supplies, communications facilities or services, maintenance services, or administrative services 

for the Office; used to pay any salary, benefit, or award for any personnel of the Office; used to pay any other operating expense of the 

Office; or used to reimburse the Office for any service provided, or 

expense incurred, by the Office. 

SOCIAL SECURITY ADMINISTRATION

PAYMENTS TO SOCIAL SECURITY TRUST FUNDS

For payment to the Federal Old-Age and Survivors Insurance 

and the Federal Disability Insurance trust funds, as provided under 

sections 201(m), 228(g), and 1131(b)(2) of the Social Security Act, 

$21,658,000. 

SUPPLEMENTAL SECURITY INCOME PROGRAM

For carrying out titles XI and XVI of the Social Security Act, 

section 401 of Public Law 92–603, section 212 of Public Law 93–66, 

as amended, and section 405 of Public Law 95–216, including payment to the Social Security trust funds for administrative expenses 

incurred pursuant to section 201(g)(1) of the Social Security Act, 

$26,229,300,000, to remain available until expended: Provided, 

That any portion of the funds provided to a State in the current fiscal year and not obligated by the State during that year shall be 

returned to the Treasury. 

For making, after June 15 of the current fiscal year, benefit 

payments to individuals under title XVI of the Social Security Act, 

for unanticipated costs incurred for the current fiscal year, such 

sums as may be necessary. 

For making benefit payments under title XVI of the Social Security Act for the first quarter of fiscal year 2005, $12,590,000,000, 

to remain available until expended.

LIMITATION ON ADMINISTRATIVE EXPENSES

For necessary expenses, including the hire of two passenger 

motor vehicles, and not to exceed $15,000 for official reception and 

representation expenses, not more than $8,241,800,000 may be expended, as authorized by section 201(g)(1) of the Social Security Act, 

from any one or all of the trust funds referred to therein: Provided, 

That not less than $1,800,000 shall be for the Social Security Advisory Board: Provided further, That unobligated balances of funds 

provided under this paragraph at the end of fiscal year 2004 not 

needed for fiscal year 2004 shall remain available until expended 

to invest in the Social Security Administration information technology and telecommunications hardware and software infrastructure, including related equipment and non-payroll administrative 

274

expenses associated solely with this information technology and telecommunications infrastructure: Provided further, That reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to section 7131 of title 5, United States Code, and for facilities 

or support services for labor organizations pursuant to policies, regulations, or procedures referred to in section 7135(b) of such title 

shall be made by the Secretary of the Treasury, with interest, from 

amounts in the general fund not otherwise appropriated, as soon as 

possible after such expenditures are made. 

In addition, $120,000,000 to be derived from administration 

fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3) 

of Public Law 93–66, which shall remain available until expended. 

To the extent that the amounts collected pursuant to such section 

1616(d) or 212(b)(3) in fiscal year 2004 exceed $120,000,000, the 

amounts shall be available in fiscal year 2005 only to the extent 

provided in advance in appropriations Acts. 

From funds previously appropriated for this purpose, any unobligated balances at the end of fiscal year 2003 shall be available to 

continue Federal-State partnerships which will evaluate means to 

promote Medicare buy-in programs targeted to elderly and disabled 

individuals under titles XVIII and XIX of the Social Security Act. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, as 

amended, $24,500,000, together with not to exceed $63,700,000, to 

be transferred and expended as authorized by section 201(g)(1) of 

the Social Security Act from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust 

Fund. 

In addition, an amount not to exceed 3 percent of the total provided in this appropriation may be transferred from the ‘‘Limitation 

on Administrative Expenses’’, Social Security Administration, to be 

merged with this account, to be available for the time and purposes 

for which this account is available: Provided, That notice of such 

transfers shall be transmitted promptly to the Committees on Appropriations of the House and Senate. 

UNITED STATES INSTITUTE OF PEACE

OPERATING EXPENSES

For necessary expenses of the United States Institute of Peace 

as authorized in the United States Institute of Peace Act, 

$17,200,000. 

TITLE V—GENERAL PROVISIONS 

SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances 

of prior appropriations to accounts corresponding to current appropriations provided in this Act: Provided, That such transferred balVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00278 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
275

ances are used for the same purpose, and for the same periods of 

time, for which they were originally appropriated. 

SEC. 502. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 503. (a) No part of any appropriation contained in this Act 

shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, for the 

preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or 

defeat legislation pending before the Congress or any State legislature, except in presentation to the Congress or any State legislature 

itself. 

(b) No part of any appropriation contained in this Act shall be 

used to pay the salary or expenses of any grant or contract recipient, 

or agent acting for such recipient, related to any activity designed 

to influence legislation or appropriations pending before the Congress or any State legislature. 

SEC. 504. The Secretaries of Labor and Education are author- ized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles I 

and III, respectively, for official reception and representation expenses; the Director of the Federal Mediation and Conciliation Service is authorized to make available for official reception and representation expenses not to exceed $5,000 from the funds available 

for ‘‘Salaries and expenses, Federal Mediation and Conciliation 

Service’’; and the Chairman of the National Mediation Board is authorized to make available for official reception and representation 

expenses not to exceed $5,000 from funds available for ‘‘Salaries and 

expenses, National Mediation Board’’. 

SEC. 505. Notwithstanding any other provision of this Act, no 

funds appropriated under this Act shall be used to carry out any 

program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. 

SEC. 506. (a) It is the sense of the Congress that, to the greatest 

extent practicable, all equipment and products purchased with 

funds made available in this Act should be American-made. 

(b) In providing financial assistance to, or entering into any 

contract with, any entity using funds made available in this Act, the 

head of each Federal agency, to the greatest extent practicable, shall 

provide to such entity a notice describing the statement made in 

subsection (a) by the Congress. 

(c) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in 

America’’ inscription, or any inscription with the same meaning, to 

any product sold in or shipped to the United States that is not made 

in the United States, the person shall be ineligible to receive any 

contract or subcontract made with funds made available in this Act, 

pursuant to the debarment, suspension, and ineligibility procedures 

described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. 

SEC. 507. When issuing statements, press releases, requests for 

proposals, bid solicitations and other documents describing projects 

or programs funded in whole or in part with Federal money, all 

grantees receiving Federal funds included in this Act, including but 

276

not limited to State and local governments and recipients of Federal 

research grants, shall clearly state: (1) the percentage of the total 

costs of the program or project which will be financed with Federal 

money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the 

project or program that will be financed by non-governmental 

sources. 

SEC. 508. (a) None of the funds appropriated under this Act, 

and none of the funds in any trust fund to which funds are appropriated under this Act, shall be expended for any abortion. 

(b) None of the funds appropriated under this Act, and none of 

the funds in any trust fund to which funds are appropriated under 

this Act, shall be expended for health benefits coverage that includes 

coverage of abortion. 

(c) The term ‘‘health benefits coverage’’ means the package of 

services covered by a managed care provider or organization pursuant to a contract or other arrangement. 

SEC. 509. (a) The limitations established in the preceding section shall not apply to an abortion—

(1) if the pregnancy is the result of an act of rape or incest; 

or 

(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the 

pregnancy itself, that would, as certified by a physician, place 

the woman in danger of death unless an abortion is performed. 

(b) Nothing in the preceding section shall be construed as prohibiting the expenditure by a State, locality, entity, or private person 

of State, local, or private funds (other than a State’s or locality’s 

contribution of Medicaid matching funds). 

(c) Nothing in the preceding section shall be construed as restricting the ability of any managed care provider from offering 

abortion coverage or the ability of a State or locality to contract separately with such a provider for such coverage with State funds 

(other than a State’s or locality’s contribution of Medicaid matching 

funds). 

SEC. 510. (a) None of the funds made available in this Act may 

be used for—

(1) the creation of a human embryo or embryos for research 

purposes; or 

(2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or 

death greater than that allowed for research on fetuses in utero 

under 45 CFR 46.208(a)(2) and section 498(b) of the Public 

Health Service Act (42 U.S.C. 289g(b)). 

(b) For purposes of this section, the term ‘‘human embryo or embryos’’ includes any organism, not protected as a human subject 

under 45 CFR 46 as of the date of the enactment of this Act, that 

is derived by fertilization, parthenogenesis, cloning, or any other 

means from one or more human gametes or human diploid cells. 

SEC. 511. (a) None of the funds made available in this Act may 

be used for any activity that promotes the legalization of any drug 

or other substance included in schedule I of the schedules of controlled substances established by section 202 of the Controlled Substances Act (21 U.S.C. 812). 

277

(b) The limitation in subsection (a) shall not apply when there 

is significant medical evidence of a therapeutic advantage to the use 

of such drug or other substance or that federally sponsored clinical 

trials are being conducted to determine therapeutic advantage. 

SEC. 512. None of the funds made available in this Act may be 

obligated or expended to enter into or renew a contract with an entity if—

(1) such entity is otherwise a contractor with the United 

States and is subject to the requirement in section 4212(d) of 

title 38, United States Code, regarding submission of an annual 

report to the Secretary of Labor concerning employment of certain veterans; and 

(2) such entity has not submitted a report as required by 

that section for the most recent year for which such requirement 

was applicable to such entity. 

SEC. 513. None of the funds made available in this Act may be 

used to promulgate or adopt any final standard under section 

1173(b) of the Social Security Act (42 U.S.C. 1320d–2(b)) providing 

for, or providing for the assignment of, a unique health identifier 

for an individual (except in an individual’s capacity as an employer 

or a health care provider), until legislation is enacted specifically 

approving the standard.

SEC. 514. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 515. (a) IN GENERAL.—Amounts made available under 

this Act for the administrative and related expenses for departmental management for the Department of Labor, the Department 

of Health and Human Services, and the Department of Education 

shall be reduced on a pro rata basis by $50,000,000: Provided, That 

not later than 15 days after the enactment of this Act, the Director 

of the Office of Management and Budget shall report to the House 

and Senate Committees on Appropriations the accounts subject to 

the pro rata reductions and the amount to be reduced in each account. 

(b) LIMITATION.—The reduction required by subsection (a) shall 

not apply to the Food and Drug Administration and the Indian 

Health Service. 

SEC. 516. None of the funds made available by this Act to carry 

out the Library Services and Technology Act may be made available 

to any library covered by paragraph (1) of section 224(f) of such Act 

(20 U.S.C. 9134(f)), as amended by the Children’s Internet Protections Act, unless such library has made the certifications required 

by paragraph (4) of such section. 

SEC. 517. None of the funds made available by this Act to carry 

out part D of title II of the Elementary and Secondary Education 

Act of 1965 may be made available to any elementary or secondary 

school covered by paragraph (1) of section 2441(a) of such Act (20 

U.S.C. 6777(a)), as amended by the Children’s Internet Protections 

Act and the No Child Left Behind Act, unless the local educational 

agency with responsibility for such covered school has made the certifications required by paragraph (2) of such section. 

278

This division may be cited as the ‘‘Departments of Labor, 

Health and Human Services, and Education, and Related Agencies 

Appropriations Act, 2004’’. 

DIVISON F—DEPARTMENTS OF TRANSPORTATION AND 

TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

AN ACT 

Making appropriations for the Departments of Transportation and 

Treasury, and independent agencies for the fiscal year ending 

September 30, 2004, and for other purposes. 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the Departments of Transportation and Treasury and independent agencies for the fiscal year 

ending September 30, 2004, and for other purposes, namely: 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

For necessary expenses of the Office of the Secretary, 

$80,903,000, of which not to exceed $2,210,000 shall be available for 

the immediate Office of the Secretary; not to exceed $700,000 shall 

be available for the immediate Office of the Deputy Secretary; not 

to exceed $15,403,000 shall be available for the Office of the General 

Counsel; not to exceed $12,312,000 shall be available for the Office 

of the Under Secretary of Transportation for Policy; not to exceed 

$8,536,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $2,300,000 shall be 

available for the Office of the Assistant Secretary for Governmental 

Affairs; not to exceed $24,612,000 shall be available for the Office 

of the Assistant Secretary for Administration; not to exceed 

$1,915,000 shall be available for the Office of Public Affairs; not to 

exceed $1,447,000 shall be available for the Office of the Executive 

Secretariat; not to exceed $700,000 shall be available for the Board 

of Contract Appeals; not to exceed $1,268,000 shall be available for 

the Office of Small and Disadvantaged Business Utilization; not to 

exceed $2,000,000 for the Office of Intelligence and Security; and not 

to exceed $7,500,000 shall be available for the Office of the Chief Information Officer: Provided, That the Secretary of Transportation is 

authorized to transfer funds appropriated for any office of the Office 

of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent by all such transfers: 

Provided further, That any change in funding greater than 5 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed 

$60,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine: 

Provided further, That notwithstanding any other provision of law, 

279

excluding fees authorized in Public Law 107–71, there may be credited to this appropriation up to $2,500,000 in funds received in user 

fees: Provided further, That none of the funds provided in this Act 

shall be available for the position of Assistant Secretary for Public 

Affairs. 

OFFICE OF CIVIL RIGHTS

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

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning, 

research, systems development, development activities, and making 

grants, to remain available until expended, $20,864,000. 

WORKING CAPITAL FUND

Necessary expenses for operating costs and capital outlays of the 

Working Capital Fund, not to exceed $116,715,000, shall be paid 

from appropriations made available to the Department of Transportation: Provided, That such services shall be provided on a competitive basis to entities within the Department of Transportation: Provided further, That the above limitation on operating expenses shall 

not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the Department shall be 

transferred to the Working Capital Fund without the approval of 

the agency modal administrator: Provided further, That no assessments may be levied against any program, budget activity, subactivity or project funded by this Act unless notice of such assessments and the basis therefor are presented to the House and Senate 

Committees on Appropriations and are approved by such Committees.

MINORITY BUSINESS RESOURCE CENTER PROGRAM

For the cost of guaranteed loans, $500,000, as authorized by 49 

U.S.C. 332: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are 

available to subsidize total loan principal, any part of which is to 

be guaranteed, not to exceed $18,367,000. In addition, for administrative expenses to carry out the guaranteed loan program, 

$400,000. 

MINORITY BUSINESS OUTREACH

For necessary expenses of Minority Business Resource Center 

outreach activities, $3,000,000, to remain available until September 

30, 2005: Provided, That notwithstanding 49 U.S.C. 332, these 

funds may be used for business opportunities related to any mode 

of transportation. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

In addition to funds made available from any other source to 

carry out the essential air service program under 49 U.S.C. 41731 

280

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

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

For necessary expenses of the Federal Aviation Administration, 

not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of 

aircraft, subsidizing the cost of aeronautical charts and maps sold 

to the public, lease or purchase of passenger motor vehicles for replacement only, in addition to amounts made available by Public 

Law 104–264, $7,530,925,000, of which $4,500,000,000 shall be derived from the Airport and Airway Trust Fund, of which not to exceed $6,053,724,000 shall be available for air traffic services program activities; not to exceed $880,684,000 shall be available for 

aviation regulation and certification program activities; not to exceed $218,481,000 shall be available for research and acquisition 

program activities; not to exceed $11,776,000 shall be available for 

commercial space transportation program activities; not to exceed 

$49,783,000 shall be available for financial services program activities; not to exceed $76,529,000 shall be available for human resources program activities; not to exceed $86,749,000 shall be available for regional coordination program activities; not to exceed 

$143,150,000 shall be available for staff offices; and not to exceed 

$29,681,000 shall be available for information services: Provided, 

That none of the funds in this Act shall be available for the Federal 

Aviation Administration to finalize or implement any regulation 

that would promulgate new aviation user fees not specifically authorized by law after the date of the enactment of this Act: Provided 

further, That there may be credited to this appropriation funds received from States, counties, municipalities, foreign authorities, 

other public authorities, and private sources, for expenses incurred 

in the provision of agency services, including receipts for the maintenance and operation of air navigation facilities, and for issuance, 

renewal or modification of certificates, including airman, aircraft, 

and repair station certificates, or for tests related thereto, or for 

processing major repair or alteration forms: Provided further, That 

of the funds appropriated under this heading, not less than 

$6,500,000 shall be for the contract tower cost-sharing program: 

Provided further, That funds may be used to enter into a grant 

agreement with a nonprofit standard-setting organization to assist 

in the development of aviation safety standards: Provided further, 

That none of the funds in this Act shall be available for new applicants for the second career training program: Provided further, 

That none of the funds in this Act shall be available for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay: Provided further, 

That none of the funds in this Act may be obligated or expended to 

operate a manned auxiliary flight service station in the contiguous 

United States: Provided further, That none of the funds in this Act 

for aeronautical charting and cartography are available for activiVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00284 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
281

ties conducted by, or coordinated through, the Working Capital 

Fund: Provided further, That of the amount appropriated under 

this heading, not to exceed $50,000 may be transferred to the Aircraft Loan Purchase Guarantee Program: Provided further, That 

not later than March 1, 2004, the Secretary of Transportation, in 

consultation with the Administrator of the Federal Aviation Administration, shall issue final regulations, pursuant to 5 U.S.C. 8335, 

establishing an exemption process allowing individual air traffic 

controllers to delay mandatory retirement until the employee reaches 

no later than 61 years of age: Provided further, That of the funds 

provided under this heading, $4,000,000 is available only for recruitment, personnel compensation and benefits, and related costs to 

raise the level of operational air traffic control supervisors to the 

level of 1,726: Provided further, That none of the funds in this Act 

may be obligated or expended to execute or continue to implement 

a memorandum of understanding or memorandum of agreement (or 

any revisions thereto) with representatives of any FAA bargaining 

unit after January 1, 2004 unless such document is filed in a central registry and catalogued in an automated, searchable database 

under the executive direction of appropriate management representatives at FAA headquarters: Provided further, That none of the 

funds in this Act may be obligated or expended for an employee of 

the Federal Aviation Administration to purchase a store gift card or 

gift certificate through use of a Government-issued credit card. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of air navigation and experimental facilities and equipment, as authorized under part A of subtitle VII 

of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary 

sites by lease or grant; construction and furnishing of quarters and 

related accommodations for officers and employees of the Federal 

Aviation Administration stationed at remote localities where such 

accommodations are not available; and the purchase, lease, or 

transfer of aircraft from funds available under this heading; to be 

derived from the Airport and Airway Trust Fund, $2,910,000,000, 

of which $2,489,158,800 shall remain available until September 30, 

2006, and of which $420,841,200 shall remain available until September 30, 2004: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, 

other public authorities, and private sources, for expenses incurred 

in the establishment and modernization of air navigation facilities: 

Provided further, That upon initial submission to the Congress of 

the fiscal year 2005 President’s budget, the Secretary of Transportation shall transmit to the Congress a comprehensive capital investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal years 2005 

through 2009, with total funding for each year of the plan constrained to the funding targets for those years as estimated and approved by the Office of Management and Budget: Provided further, 

282

That of the funds provided under this heading, not less than 

$3,000,000 is for contract audit services provided by the Defense 

Contract Audit Agency: Provided further, That of the funds provided under this heading, $25,000,000 is available only for the 

Houston Area Air Traffic System. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

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

rescinded. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For necessary expenses, not otherwise provided for, for research, 

engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or 

grant, $119,439,000, to be derived from the Airport and Airway 

Trust Fund and to remain available until September 30, 2006: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, 

and private sources, for expenses incurred for research, engineering, 

and development. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning 

and programs as authorized under subchapter I of chapter 471 and 

subchapter I of chapter 475 of title 49, United States Code, and 

under other law authorizing such obligations; for procurement, installation, and commissioning of runway incursion prevention devices and systems at airports of such title; for grants authorized 

under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs, including those related to airport operating certificates under section 

44706 of title 49, United States Code, $3,400,000,000, to be derived 

from the Airport and Airway Trust Fund and to remain available 

until expended: Provided, That none of the funds under this heading shall be available for the planning or execution of programs the 

obligations for which are in excess of $3,400,000,000 in fiscal year 

2004, notwithstanding section 47117(g) of title 49, United States 

Code: Provided further, That none of the funds under this heading 

shall be available for the replacement of baggage conveyor systems, 

reconfiguration of terminal baggage areas, or other airport improvements that are necessary to install bulk explosive detection systems: 

Provided further, That notwithstanding any other provision of law, 

not more than $66,254,000 of funds limited under this heading 

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shall be obligated for administration and not less than $20,000,000 

shall be for the Small Community Air Service Development Pilot 

Program. 

GENERAL PROVISIONS—FEDERAL AVIATION ADMINISTRATION

SEC. 101. Notwithstanding any other provision of law, airports 

may transfer, without consideration, to the Federal Aviation Administration (FAA) instrument landing systems (along with associated 

approach lighting equipment and runway visual range equipment) 

which conform to FAA design and performance specifications, the 

purchase of which was assisted by a Federal airport-aid program, 

airport development aid program or airport improvement program 

grant: Provided, That, the Federal Aviation Administration shall 

accept such equipment, which shall thereafter be operated and 

maintained by FAA in accordance with agency criteria. 

SEC. 102. None of the funds in this Act may be used to compensate in excess of 350 technical staff-years under the federally 

funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation 

Systems Development during fiscal year 2004. 

SEC. 103. None of the funds made available in this Act may be 

used for engineering work related to an additional runway at Louis 

Armstrong New Orleans International Airport.

SEC. 104. None of the funds in this Act shall be used to pursue 

or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building 

construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided, That the prohibition of funds in this section does not apply to negotiations between 

the agency and airport sponsors to achieve agreement on ‘‘belowmarket’’ rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic 

control facilities. 

SEC. 105. For an airport project that the Administrator of the 

Federal Aviation Administration (FAA) determines will add critical 

airport capacity to the national air transportation system, the Administrator is authorized to accept funds from an airport sponsor, 

including entitlement funds provided under the ‘‘Grants-in-Aid for 

Airports’’ program, for the FAA to hire additional staff or obtain the 

services of consultants: Provided, That the Administrator is authorized to accept and utilize such funds only for the purpose of facilitating the timely processing, review, and completion of environmental activities associated with such project. 

SEC. 106. None of the funds appropriated or limited by this Act 

may be used to change weight restrictions or prior permission rules 

at Teterboro Airport in Teterboro, New Jersey. 

SEC. 107. None of the funds appropriated or otherwise made 

available by this Act may be obligated or expended to establish or 

implement a pilot program under which not more than 10 designated essential air service communities located in proximity to 

hub airports are required to assume 10 percent of their essential air 

subsidy costs for a 4-year period, commonly referred to as the EAS 

local participation program. 

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SEC. 108. Notwithstanding any other provision of law, the costs 

of construction of terminal and hangar buildings are allowable for 

an airport development project at Somerset-Pulaski County AirportJ.T. Wilson Field, Kentucky and at Pryor Field Regional Airport, 

Decatur, Alabama, under chapter 471 of title 49, United States 

Code. 

FEDERAL HIGHWAY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Necessary expenses for administration and operation of the Fed- eral Highway Administration, not to exceed $337,604,000, shall be 

paid in accordance with law from appropriations made available by 

this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: Provided, That of the funds available under section 

104(a)(1)(A) of title 23, United States Code, $7,000,000 shall be 

available for environmental streamlining activities, which may include making grants to, or entering into contracts, cooperative 

agreements, and other transactions, with a Federal agency, State 

agency, local agency, authority, association, nonprofit or for-profit 

corporation, or institution of higher education. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

None of the funds in this Act shall be available for the implementation or execution of programs, the obligations for which are 

in excess of $33,843,000,000 for Federal-aid highways and highway 

safety construction programs for fiscal year 2004: Provided, That 

within the $33,843,000,000 obligation limitation on Federal-aid 

highways and highway safety construction programs, not more than 

$462,500,000 shall be available for the implementation or execution 

of programs for transportation research (sections 502, 503, 504, 506, 

507, and 508 of title 23, United States Code, as amended; section 

5505 of title 49, United States Code, as amended; and sections 5112 

and 5204–5209 of Public Law 105–178) for fiscal year 2004: Provided further, That this limitation on transportation research programs shall not apply to any authority previously made available 

for obligation: Provided further, That within the $232,000,000 obligation limitation on Intelligent Transportation Systems, the following sums shall be made available for Intelligent Transportation 

System projects that are designed to achieve the goals and purposes 

set forth in section 5203 of the Intelligent Transportation Systems 

Act of 1998 (subtitle C of title V of Public Law 105–178; 112 Stat. 

453; 23 U.S.C. 502 note) in the following specified areas: City of Huntsville, Alabama, ITS, $4,500,000; 

511 Traveler Information Program in North Carolina, $400,000; 

Advanced Ticket Collection and Passenger Information Sys- tems, New Jersey, $750,000; Advanced Traffic Analysis Center, North Dakota, $200,000; 

Advanced Transportation Management Systems (ATMS), Montgomery County, Maryland, $500,000; 

285

Alameda Corridor-East Gateway to America Project Phase II, Los Angeles, California, $1,200,000; 

Alexandria ITS Real-Time Transit Enhancement Pilot 

Project, $410,000; Altarum Restricted Use Technology Study, $1,750,000; 

Altoona, Pennsylvania, ITS, $800,000; 

Amber Alert Multi-Regional Strategic Plan, $400,000; 

ATR Transportation Technology/CVISN, New Mexico, $175,000; 

Auburn, Auburn Way South ITS, Washington, $1,600,000; 

Bay County Area Wide Traffic Signal System, $750,000; 

Cargo Watch Logistics Information System, New York, $2,500,000; 

Carson Passenger Information System, $300,000; 

CCTA Intelligent Transportation Systems, Vermont, $300,000; 

City of Baltimore, Maryland Traffic Congestion Manage- ment, $200,000; 

City of Boston Intelligent Transportation Systems, Massa- chusetts, $1,000,000; 

City of New Rochelle, NY Traffic Signal Replacement Pro- gram, $500,000; 

City of Santa Rosa, Intelligent Transportation System, $300,000; 

Clark County Transit, VAST ITS, Washington, $1,600,000; 

Computerization of traffic signals in Ashtabula, Ohio, $14,000; 

Corona City-wide automated traffic management system, $1,000,000; 

DelTrac Statewide Integration, Delaware, $1,000,000; 

Demonstration project to deploy Geospatial Emergency & Response System (GEARS) for transportation, $150,000; Detroit Metro Airport ITS, $350,000; 

DuPage County Signal Interconnection Project, $300,000; 

Elk Grove Traffic Operations Center, $960,000; 

Fairfax County Route 1 Traffic Synchronization ITS Pilot 

Project, $500,000; 

FAST Las Vegas (ITS—Phase 2)—Construction, $300,000; 

Fiber Optic Signal Interconnect System, Tuscon, Arizona, 

$3,500,000; 

George Washington University, Virginia Campus, $500,000; 

Germantown Parkway ITS Project, Tennessee, $3,000,000; 

GMU ITS Research, Virginia, $500,000; 

Great Lakes ITS, Michigan, $3,000,000; 

Greater Philadelphia Chamber of Commerce ITS System, 

Pennsylvania, $1,500,000; 

Harbor Boulevard Intelligent Transportation, $800,000; 

Hawthorne Street Public Access Improvements, New Bedford, Massachusetts, $150,000; 

Hillsborough Area Regional Transit: Bus Tracking, Communication and Security, Florida, $750,000; 

Houma, Louisiana, $1,250,000; 

Houston ITS, $1,500,000; 

I–70 Incident Management Plan Implementation, Colorado, 

$2,500,000; 

286

I–87 Highway Speed E-Z Pass at the Woodbury Toll Barrier, $1,750,000; 

I–87 Smart Corridor, $1,000,000; 

I–90 Phase 2 Connector ITS Testbed—Town of North 

Greenbush—Rensselaer County, New York, $200,000; 

Illinois Statewide ITS, $3,000,000; 

Implementation of Wisconsin DOT’s Fiber Optics Network, 

$1,000,000; 

Integration and Implementation of DYNASMART-X, 

RHODES and CLAIRE in Houston, Texas, $500,000; 

Intelligent Transportation System (Kansas City metro 

area), $200,000; 

Intelligent Transportation Systems—Phases II and III, 

Ohio, $700,000; 

Intelligent Transportation Systems Deployment Project, 

Inglewood, California, $500,000; 

Intelligent Transportation Systems, City of Wichita Transit 

Authority, $750,000; 

Intelligent Transportation Systems, Statewide and Commercial Vehicle Information Systems Network, Maryland, 

$750,000; 

Intelligent Transportation Systems, Washington, DC Region, $500,000; 

Intersection Signalization Project for the City of Virginia 

Beach, Virginia, $500,000; 

Iowa Transportation Systems, $750,000; 

ITS Baton Rouge, Louisiana, $1,250,000; 

ITS Expansion in Davis and Utah Counties, Utah, 

$1,250,000; 

ITS Logistics and Systems Management for the Gateway 

Cities, $250,000; 

ITS Technologies, San Antonio, Texas, $200,000;

ITS, Cache Valley, Utah, $1,000,000; 

Jacksonville Transportation Authority, Intelligent Transportation Initiative—Regional Planning, Florida, $750,000; 

King County, County-wide Signal Program, Washington, 

$1,500,000; 

Lincoln, Nebraska StarTran Automatic Vehicle Locator 

System, $1,000,000; 

Los Angeles MTA Regional Universal Fare System, 

$500,000; 

Macomb County ITS Integration, Michigan, $600,000; 

Maine Statewide ITS, $1,000,000; 

Market Street Signalization Improvements, $100,000; 

MARTA Automated Fare Collection/Smart Card System, 

Georgia, $700,000; 

Metrolina Transportation Management Center, $1,750,000; 

Mid-America Surface Transportation Water Research Institute, North Dakota, $500,000; 

Minnesota Guidestar, $1,250,000; 

Missouri Statewide Rural ITS, $4,000,000; 

Mobile Data Computer Network Phase II (MDCN), Wisconsin, $2,200,000; 

Monroe County ATMS ITS Deployment Project, $800,000; 

287

Montachusett Area Regional Transit (MART) AVLS, Mas- sachusetts, $240,000; 

Multi Region Advanced Traveler Information System (ATIS) for the IH–20 Corridor—Phase 1 in Texas, $550,000; 

Nebraska Statewide Intelligent Transportation System De- ployment, $1,000,000; 

New York State Thruway Authority Traffic Operation Package for I–95 and I–87, $1,676,000; 

North Bergen, New Jersey Traffic Signalization Replace- ment, $1,000,000; 

Oklahoma Statewide ITS, $4,000,000; 

Palm Tran, Palm Beach County, Florida—Automated Vehi- cle Location and Mobile Data Terminals, $1,000,000; 

Portland State University Intelligent Transportation Re- search Initiative, $400,000; 

Program of Projects, Washington, $2,000,000; 

Project Hoosier SAFE-T, $2,000,000; 

Real Time Transit Passenger Information System for the 

Prince George’s County Dept. of Public Works, Maryland, 

$1,000,000; 

Regional Intelligent Transportation System, Springfield, Missouri, $2,000,000; 

Regional ITS Architecture and Deployment Plan for the Eagle Pass Region and Integrate with Laredo, $300,000; 

Roosevelt Boulevard ITS Enhancement Pilot Program, $750,000; 

Rural Freeway Management System Implementation for the IH–20 Corridor in the Tyler Region—Phase 1, $200,000; 

Sacramento Area Council of Governments—ITS Projects, California, $1,175,000; 

San Diego Joint Transportation Operations Center, $400,000; 

Seacoast Intelligent Transportation System Congestion Re- lief Project, $1,000,000; 

Seattle City Center ITS, Washington, $2,500,000; 

Shreveport Intelligent Transportation System, Louisiana, 

$1,000,000; 

South Carolina DOT Inroads Intelligent Transportation 

System, $3,500,000; 

Spotswood Township, NJ; Expand and improve traffic flow 

with road improvements, $250,000; 

SR 924 ITS Integration Project, $1,000,000; 

SR112 ITS Integration Project, $300,000; 

Statewide AVL Initiative, Nebraska, $300,000; 

Swatara Township, Pennsylvania—Traffic Signalization 

Improvements, $100,000; 

TalTran ITS Smartbus Program, Florida, $1,750,000; 

Texas Medical Center EMS Early Warning Transportation 

System, $1,000,000; 

Texas Statewide ITS Deployment and Integration, City of 

Lubbock, $400,000; 

Texas Statewide ITS Deployment and Integration, Port of 

Galveston, $400,000; 

Town of Cary Computerized Traffic Signal Project, North 

Carolina, $800,000; 

288

Traffic Signal Controllers & Cabinets, District of Columbia, $400,000; 

TRANSCOM Regional Architecture & TRANSMIT project, 

NJ, NY, & CT, $500,000; 

Transportation Research Center (TRC) for Freight, Trade, 

Security, and Economic Strength, Georgia, $500,000; 

Tukwila, Signalization Interconnect and Intelligent Transportation, Washington, $1,400,000; 

Twin Cities, Minnesota Redundant Communications Pilot, 

$1,000,000; 

Tysons Transportation Association—ITS, $250,000; 

University of Kentucky Transportation Center, $1,000,000; 

Ventura County Intelligent Transportation System, 

$1,000,000; 

West Baton Rouge Parish Joint Operations Emergency 

Communications Center, $800,000; 

Wisconsin CVISN Level One Deployment, $800,000; and 

Wyoming Statewide ITS Initiative, $4,000,000. 

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for carrying out 

the provisions of title 23, United States Code, that are attributable 

to Federal-aid highways, including the National Scenic and Recreational Highway as authorized by 23 U.S.C. 148, not otherwise 

provided, including reimbursement for sums expended pursuant to 

the provisions of 23 U.S.C. 308, $34,000,000,000 or so much thereof 

as may be available in and derived from the Highway Trust Fund, 

to remain available until expended.

FEDERAL-AID HIGHWAYS

MISCELLANEOUS HIGHWAY AND HIGHWAY SAFETY PROGRAMS

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, from the available 

unobligated balances under the programs for which funds are authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 

1101(a)(4), and 1101(a)(5) of Public Law 105–178, as amended, 

$15,000,000 shall be made available for planning and design activities, and initiation of construction of the project at Pennsylvania Avenue in front of the White House; $20,000,000 shall be made available to provide grants to States for the development or enhancement 

of notification or communications systems along highways for alerts 

and other information for the recovery of abducted children under 

section 303 of Public Law 108–21; $8,000,000 shall be made available to the Federal Motor Carrier Safety Administration to make 

grants to States for implementation of section 210 of Public Law 

106–159; $3,500,000 shall be made available to the Federal Motor 

Carrier Safety Administration for necessary operating expenses and 

personnel for implementation of section 210 of Public Law 106–159; 

$23,000,000 shall be made available to the Federal Motor Carrier 

Safety Administration to make grants to States for southern border 

289

State operations for the purposes described in 49 U.S.C. 

31104(f)(2)(B); $9,000,000 shall be made available to the Federal 

Motor Carrier Safety Administration to make grants to States for 

northern border truck inspections; $21,000,000 shall be made available to the Federal Motor Carrier Safety Administration to make 

grants to States, local governments, or other entities for commercial 

driver’s license program improvements; $47,000,000 shall be made 

available to make grants to States for construction of State border 

safety inspection facilities at the United States border with Mexico; 

and $150,545,000 shall be made available to the National Highway 

Traffic Safety Administration for expenses necessary to discharge 

the functions of the Secretary, with respect to traffic and highway 

safety under chapter 301 of title 49, United States Code, and part 

C of subtitle VI of title 49, United States Code: Provided, That 

funds shall be made available from a State’s available unobligated 

balances in the programs funded under sections 1101(a)(1) through 

(5) of Public Law 105–178, as amended, in the ratio that the State’s 

total amount of funds apportioned under such programs for fiscal 

year 2003 bears to the total amount of funds apportioned to all 

States under such programs: Provided further, That the funds made 

available under this heading may be transferred by the Secretary to 

another Federal agency, such funds to be then administered by the 

procedures of the Federal agency to which such funds are transferred: Provided further, That none of the funds provided to the National Highway Traffic Safety Administration may be obligated or 

expended to plan, finalize, or implement any rulemaking to add to 

section 575.104 of title 49 of the Code of Federal Regulations any 

requirement pertaining to a grading standard that is different from 

the three grading standards (treadwear, traction, and temperature 

resistance) already in effect: Provided further, That all funds made 

available for obligation under this heading shall be available in the 

same manner as though such funds were apportioned under chapter 

one of title 23, United States Code, except that the Federal share 

payable on account of any program, project, or activity carried out 

with funds made available under this heading shall be 100 percent 

and such funds shall remain available for obligation until expended: Provided further, That all funds made available under this 

heading shall be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set 

forth in this Act or any other Act. 

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

(RESCISSION)

Of the unobligated balances of funds apportioned to each state 

under the program authorized under sections 1101(a)(1), 1101(a)(2), 

1101(a)(3), 1101(a)(4), and 1101(a)(5) of Public Law 105–178, as 

amended, $207,000,000 are rescinded. 

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

For necessary expenses for the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102–

240, as amended, $125,000,000, to remain available until expended. 

290

GENERAL PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

SEC. 110. (a) For fiscal year 2004, the Secretary of Transportation shall—

(1) not distribute from the obligation limitation for Federalaid Highways amounts authorized for administrative expenses 

and programs funded from the administrative takedown authorized by section 104(a)(1)(A) of title 23, United States Code, 

for the highway use tax evasion program, for the Bureau of 

Transportation Statistics and for the programs, projects, and 

activities for which funds are made available under the heading ‘‘Federal-Aid Highways, Miscellaneous Highway and Highway Safety Programs’’ in this Act; 

(2) not distribute an amount from the obligation limitation 

for Federal-aid Highways that is equal to the unobligated balance of amounts made available from the Highway Trust Fund 

(other than the Mass Transit Account) for Federal-aid highways 

and highway safety programs for the prior fiscal years the 

funds for which are allocated by the Secretary; 

(3) determine the ratio that—

(A) the obligation limitation for Federal-aid Highways 

less the aggregate of amounts not distributed under paragraphs (1) and (2), bears to 

(B) the total of the sums authorized to be appropriated 

for Federal-aid highways and highway safety construction 

programs (other than sums authorized to be appropriated 

for sections set forth in paragraphs (1) through (7) of subsection (b) and sums authorized to be appropriated for section 105 of title 23, United States Code, equal to the 

amount referred to in subsection (b)(8)) for such fiscal year 

less the aggregate of the amounts not distributed under 

paragraph (1) of this subsection; 

(4) distribute the obligation limitation for Federal-aid 

Highways less the aggregate amounts not distributed under 

paragraphs (1) and (2) for section 201 of the Appalachian Regional Development Act of 1965 and $2,000,000,000 for such 

fiscal year under section 105 of title 23, United States Code (relating to minimum guarantee) so that the amount of obligation 

authority available for each of such sections is equal to the 

amount determined by multiplying the ratio determined under 

paragraph (3) by the sums authorized to be appropriated for 

such section (except in the case of section 105, $2,000,000,000) 

for such fiscal year; 

(5) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed 

under paragraphs (1) and (2) and amounts distributed under 

paragraph (4) for each of the programs that are allocated by the 

Secretary under title 23, United States Code (other than activities to which paragraph (1) applies and programs to which 

paragraph (4) applies) by multiplying the ratio determined 

under paragraph (3) by the sums authorized to be appropriated 

for such program for such fiscal year; and 

(6) distribute the obligation limitation provided for Federal-aid Highways less the aggregate amounts not distributed 

under paragraphs (1) and (2) and amounts distributed under 

291

paragraphs (4) and (5) for Federal-aid highways and highway 

safety construction programs (other than the minimum guarantee program, but only to the extent that amounts apportioned 

for the minimum guarantee program for such fiscal year exceed 

$2,639,000,000, and the Appalachian development highway system program) that are apportioned by the Secretary under title 

23, United States Code, in the ratio that—

(A) sums authorized to be appropriated for such programs that are apportioned to each State for such fiscal 

year, bear to 

(B) the total of the sums authorized to be appropriated 

for such programs that are apportioned to all States for 

such fiscal year. 

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation 

limitation for Federal-aid Highways shall not apply to obligations: 

(1) under section 125 of title 23, United States Code; (2) under section 147 of the Surface Transportation Assistance Act of 1978; (3) 

under section 9 of the Federal-Aid Highway Act of 1981; (4) under 

sections 131(b) and 131(j) of the Surface Transportation Assistance 

Act of 1982; (5) under sections 149(b) and 149(c) of the Surface 

Transportation and Uniform Relocation Assistance Act of 1987; (6) 

under sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991; (7) under section 157 of title 23, 

United States Code, as in effect on the day before the date of the 

enactment of the Transportation Equity Act for the 21st Century; (8) 

under section 105 of title 23, United States Code (but, only in an 

amount equal to $639,000,000 for such fiscal year); and for Federalaid highway programs for which obligation authority was made 

available under the Transportation Equity Act for the 21st Century 

or subsequent public laws for multiple years or to remain available 

until used, but only to the extent that such obligation authority has 

not lapsed or been used. 

(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall after August 1 for 

such fiscal year revise a distribution of the obligation limitation 

made available under subsection (a) if a State will not obligate the 

amount distributed during that fiscal year and redistribute sufficient amounts to those States able to obligate amounts in addition 

to those previously distributed during that fiscal year giving priority 

to those States having large unobligated balances of funds apportioned under sections 104 and 144 of title 23, United States Code, 

section 160 (as in effect on the day before the enactment of the 

Transportation Equity Act for the 21st Century) of title 23, United 

States Code, and under section 1015 of the Intermodal Surface 

Transportation Efficiency Act of 1991 (105 Stat. 1943–1945). 

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—The obligation limitation shall 

apply to transportation research programs carried out under chapter 5 of title 23, United States Code, except that obligation authority 

made available for such programs under such limitation shall remain available for a period of 3 fiscal years. 

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—Not 

later than 30 days after the date of the distribution of obligation 

limitation under subsection (a), the Secretary shall distribute to the 

States any funds: (1) that are authorized to be appropriated for such 

292

fiscal year for Federal-aid highways programs (other than the program under section 160 of title 23, United States Code) and for carrying out subchapter I of chapter 311 of title 49, United States 

Code, and highway-related programs under chapter 4 of title 23, 

United States Code; and (2) that the Secretary determines will not 

be allocated to the States, and will not be available for obligation, 

in such fiscal year due to the imposition of any obligation limitation 

for such fiscal year. Such distribution to the States shall be made 

in the same ratio as the distribution of obligation authority under 

subsection (a)(6). The funds so distributed shall be available for any 

purposes described in section 133(b) of title 23, United States Code. 

(f) SPECIAL RULE.—Obligation limitation distributed for a fiscal 

year under subsection (a)(4) of this section for a section set forth in 

subsection (a)(4) shall remain available until used and shall be in 

addition to the amount of any limitation imposed on obligations for 

Federal-aid highway and highway safety construction programs for 

future fiscal years. 

(g) Of the obligation authority distributed to a State under subsection (a)(6), an mount of obligation authority equal to the amount 

for each surface transportation project in such State identified in 

section 115 of the statement of managers accompanying this Act 

shall be available for carrying out each project. 

(h) The obligation limitation made available for the programs, 

projects, and activities for which funds are made available under 

the heading ‘‘Federal-Aid Highways, Miscellaneous Highway and 

Highway Safety Program’’ of this Act shall remain available until 

used and shall be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety 

construction programs for future fiscal years. 

SEC. 111. Notwithstanding any other provision of law: 

(1) Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 191; 115 

Stat. 871) is amended—

(A) in paragraph (42), by striking ‘‘Fulton, Mississippi,’’ the first time that it appears and all that follows 

to the end of the paragraph and inserting ‘‘Fulton, Mississippi.’’; and 

(B) by adding at the end the following: 

‘‘(45) The United States Route 78 Corridor from Memphis, 

Tennessee, to Corridor X of the Appalachian development highway system near Fulton, Mississippi, and Corridor X of the Appalachian development highway system extending from near 

Fulton, Mississippi, to near Birmingham, Alabama.’’. 

(2) Section 1105(e)(5) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 115 Stat. 872) is 

amended—

(A) in subparagraph (A) by striking ‘‘(A) IN GENERAL.—

The portions’’ and all that follows through the end of the 

first sentence and inserting: 

‘‘(A) IN GENERAL.—The portions of the routes referred 

to in subsection (c)(1), subsection (c)(3) (relating solely to 

the Kentucky Corridor), clauses (i), (ii), and (except with respect to Georgetown County) (iii) of subsection (c)(5)(B), 

subsection (c)(9), subsections (c)(18) and (c)(20), subsection 

(c)(36), subsection (c)(37), subsection (c)(40), subsection 

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(c)(42), and subsection (c)(45) that are not a part of the 

Interstate System are designated as future parts of the 

Interstate System.’’; and 

(B) by adding the following at the end of subparagraph 

(B)(i): ‘‘The route referred to in subsection (c)(45) is designated as Interstate Route I–22.’’. 

SEC. 112. Notwithstanding any other provision of law, in section 1602 of the Transportation Equity Act for the 21st Century—

(1) item number 230 is amended by striking ‘‘Monroe County transportation improvements on Long Pond Road, 

Pattonwood Road, and Lyell Road’’ and inserting ‘‘Route 531/

Brockport-Rochester Corridor in Monroe County, New York’’. 

(2) Item number 1149 is amended by striking ‘‘Traffic Mitigation Project on William Street and Losson Road in 

Cheektowaga’’ and inserting ‘‘Study and implement mitigation 

and diversion options for William Street and Broadway Street 

in Cheektowaga, I–90 Corridor Study; Interchange 53 to Interchange 49, PIN 552830 and Cheektowaga Rails to Trails, PIN 

575508’’. 

(3) Item number 476 is amended by striking ‘‘Expand Perkins Road in Baton Rouge’’ and inserting ‘‘Feasibility study, design, and construction of a connector between Louisiana Highway 1026 and I–12 in Livingston Parish’’. 

(4) Item 4 of the table contained in section 1602 of the 

Transportation Equity Act for the 21st Century, relating to construction of a bike path in Michigan, is amended by striking 

‘‘between Mount Clemens and New Baltimore’’ and inserting 

‘‘for the Macomb Orchard Trail in Macomb County’’. 

(5) Item number 1077 is amended by striking ‘‘Construct I–

95–I–26 interchange, Orangeburg Co’’ and inserting ‘‘Expand 

Transportation Research Center, South Carolina State University, Orangeburg, SC’’. 

(6) Item number 897 is amended by striking ‘‘Upgrade 

Bishop Ford Expressway/142nd St. interchange’’ and inserting 

‘‘Road upgrade and access road near the intersection of I–80 

and I–57 in Country Club Hills, Illinois’’. 

(7) Item number 436 is amended by inserting after ‘‘Ohio 

River Major Investment Study Project, Kentucky and Indiana’’ 

the following: ‘‘, and preliminary engineering and right of way 

acquisition associated with the project’’. 

SEC. 113. Notwithstanding 31 U.S.C. 3302, funds received by 

the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may 

be credited to the Federal-aid highways account for the purpose of 

reimbursing the Bureau for such expenses: Provided, That such 

funds shall be subject to the obligation limitation for Federal-aid 

highways and highway safety construction. 

SEC. 114. Intelligent Transportation Systems appropriations 

made to the State of Wisconsin in Public Law 105–277, Public Law 

106–69, and Public Law 107–87 shall not be subject to the limitations of Public Law 105–178, section 5208(d), 23 U.S.C. 502 note. 

SEC. 115. Notwithstanding any other provision of law, from the 

available unobligated balances under the programs for which funds 

are authorized under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 

1101(a)(4), and 1101(a)(5) of Public Law 105–178, as amended, of 

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each State for which a project or projects in such State identified 

under this section in the statement of managers accompanying this 

Act shall be made available for necessary expenses to carry out such 

project: Provided, That the amount identified for each such project 

shall be made available from the State’s unobligated balance in any 

of the five specified programs for which the project would be eligible, such selection to be at the option of the State: Provided further, 

That if a project is not otherwise eligible for funding under one of 

the five programs, then such project shall be deemed eligible and 

shall be funded from the unobligated balance of funds made available for the program for which funds are authorized under section 

1101(a)(4) of Public Law 105–178, as amended, but not including 

funds setaside pursuant to 133(d) of title 23, United States Code: 

Provided further, That funds made available under this section 

may, at the request of a State, be transferred by the Secretary to another Federal agency to carry out a project funded under this section, such funds to be then administered by the procedures of the 

Federal agency to which such funds may be transferred: Provided 

further, That all funds made available for obligation under this section shall be available in the same manner as though such funds 

were apportioned under chapter one of title 23, United States Code, 

except that the Federal share payable on account of any program, 

project, or activity carried out with funds made available under this 

heading shall be 100 percent and such funds shall remain available 

for obligation until expended: Provided further, That all funds 

made available in this section shall be subject to any limitation on 

obligations for Federal-aid highways and highway safety construction programs set forth in this Act or any other Act. 

SEC. 116. Notwithstanding Public Law 105–178, section 

5208(d), Intelligent Transportation Systems appropriations for—

(1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in 

Public Law 105–277 and Public Law 106–69 shall be available 

for use in the counties of Ashland, Barron, Bayfield, Burnett, 

Chippewa, Douglas, Iron, Lincoln, Marathon, Polk, Portage, 

Price, Rusk, Sawyer, Taylor, Washburn, Wood, Clark, 

Langlade, and Oneida; and 

(2) the City of Superior and Douglas County, Wisconsin, in 

Public Law 106–69 shall be available for use in the City of Superior and northern Wisconsin. 

SEC. 117. (a) IN GENERAL.—As soon as practicable after the 

date of enactment of this Act, the Secretary of Transportation shall 

enter into an agreement with the State of Nevada, the State of Arizona, or both, to provide a method of funding for construction of a 

Hoover Dam Bypass Bridge from funds allocated for the Federal 

Lands Highway Program under section 202(b) of title 23, United 

States Code. 

(b) METHODS OF FUNDING.—

(1) The agreement entered into under subsection (a) shall 

provide for funding in a manner consistent with the advance 

construction and debt instrument financing procedures for Federal-aid highways set forth in section 115 and 122 of title 23, 

except that the funding source may include funds made available under the Federal Lands Highway Program. 

(2) Eligibility for funding under this subsection shall not be 

construed as a commitment, guarantee, or obligation on the 

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part of the United States to provide for payment of principal or 

interest of an eligible debt financing instrument as so defined 

in section 122, nor create a right of a third party against the 

United States for payment under an eligible debt financing instrument. The agreement entered into pursuant to subsection (a) 

shall make specific reference to this provision of law. 

(3) The provisions of this section do not limit the use of 

other available funds for which the project referenced in subsection (a) is eligible. 

SEC. 118. Section 1108 of the Intermodal Surface Transportation Efficiency Act of 1991, item number 8, is amended by striking 

‘‘To relocate’’ and all that follows through ‘‘Street’’ and inserting the 

following, ‘‘For road improvements and non-motorized enhancements in the Detroit East Riverfront, Detroit, Michigan’’.

SEC. 119. The funds provided under the heading ‘‘Transportation and Community and System Preservation Program’’ in Conference Report 106–940 for the Lodge Freeway pedestrian overpass, 

Detroit, Michigan, shall be transferred to, and made available for, 

enhancements in the East Riverfront, Detroit, Michigan. 

SEC. 120. The funds provided under the heading ‘‘Transportation and Community and System Preservation Program’’ in Conference Report 107–308 for the Eastern Market pedestrian overpass 

park, shall be transferred to, and made available for, enhancements 

in the East Riverfront, Detroit, Michigan. 

SEC. 121. KANSAS RECREATION AREAS. Any unexpended balances of the amounts made available by the Consolidated Appropriations Resolution, 2003 (Public Law 108–7) from the Federal-aid 

highway account for improvements to Council Grove Lake, Kansas, 

shall be available to make improvements to Richey Cove, Santa Fe 

Recreation Area, Canning Creek Recreation Area, and other areas 

in the State of Kansas. 

SEC. 122. Section 330 of Public Law 108–7 is amended to read 

as follows: In addition to amounts otherwise made available in this 

Act, to enable the Secretary of Transportation to make grants for 

surface transportation projects, $90,600,000 to remain available 

until expended: Provided, That notwithstanding any other provision 

of law, the surface transportation projects identified in the Joint Explanatory Statement of the Committee of Conference accompanying 

this Act are also eligible for funding made available by the immediately preceding clause of this provision: Provided further, That 

notwithstanding any other provision of law and the immediately 

preceding clause of this provision, the Secretary of Transportation 

may use amounts made available by this section to make grants for 

any surface transportation project otherwise eligible for funding 

under title 23 or title 49 of the United States Code. 

SEC. 123. (a) Section 14501 of title 40, United States Code is 

amended in the third sentence by striking ‘‘three thousand and 

twenty-five’’ and inserting ‘‘three thousand and ninety’’. 

(b) There is hereby designated as Corridor X–1 in Alabama an 

addition to the Appalachian development highway system. Corridor 

X–1 shall extend approximately sixty-five miles along the alignment 

of the Birmingham Northern Beltline from Interstate 20/59, in the 

vicinity of Interstate 459 southwest of Birmingham, and extending 

northward crossing State Route 269 and Corridor X and continuing 

eastward crossing Interstate 65, United States Route 31, State 

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Route 79, State Route 75, Interstate 59, United States Route 11, 

United States Route 411, and connecting to Interstate 20 to the east 

of Birmingham. Corridor X–1 shall be developed as a multi-lane 

freeway, with interchanges at appropriate crossroad locations. 

SEC. 124. MOTORIST INFORMATION CONCERNING PHARMACY

SERVICES. (a) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Secretary of Transportation shall 

amend the Manual on Uniform Traffic Control Devices to include 

a provision permitting information to be provided to motorists to assist motorists in locating licensed 24-hour pharmacy services open 

to the public. 

(b) LOGO PANEL.—The provision under subsection (a) may 

allow placement of a logo panel that displays information disclosing 

the names or logos of pharmacies described in subsection (a) that 

are located within 3 miles of an interchange on the Federal-aid system (as defined in section 101 of title 23, United States Code). 

SEC. 125. Notwithstanding any other provision of law, funds 

obligated for pre-implementation costs, project design, and implementation costs of the I–15 Congestion Pricing Project, also known 

as the I–15 FasTrack project located in the city of San Diego shall 

be eligible for funding the costs incurred under such project. The 

Federal share payable for the total cost of the project shall not exceed 80 percent. 

SEC. 126. The project name in House Report 108–10, delineating projects referenced in Division I, Section 330, of the Fiscal 

Year 2003 Omnibus Appropriations Act, Public Law 108–7, is 

amended by striking ‘‘Freight Enhancement KY Highlands, Kentucky,’’ and inserting ‘‘Kentucky Highlands, Freight Enhancement 

Revolving Loan Fund, Kentucky’’. Notwithstanding any other provision of law, such revolving loan fund shall be eligible for the funding made available under this section and administered consistent 

with section 1511 of Public Law 105–178, except that such assistance shall be to assist in financing freight enhancement projects 

and that capitalization of such fund shall be limited to the amount 

made available by Division I, Section 330 of Public Law 108–7. 

SEC. 127. The amount made available for obligation in fiscal 

year 2003 for the project Kannapolis Parkway & Interstate 85 Interchange-Kannapolis, North Carolina as specified in section 329 of 

Public Law 108–7 and on page 1317 of the Joint Committee of the 

Conference pursuant to the Joint Resolution Making Consolidated 

Appropriations for fiscal year 2003 shall be reprogrammed and 

transferred to and made available for obligation for ‘‘Kannapolis Industrial Park Access Road-Kannapolis, North Carolina’’.

SEC. 128. Section 378 of the Department of Transportation and 

Related Agencies Appropriations Act, 2001 (as enacted into law by 

Public Law 106–346; 114 Stat. 1356A–40) is amended by striking 

‘‘$5,000,000 for improvements to US 73 from State Avenue North to 

Marxen Road in Wyandotte County, Kansas’’ and inserting 

‘‘$5,000,000 for improvements to US 73 from State Avenue north to 

Marxen Road, and along US 73 on State Avenue eastward to its terminus at I–435, in Wyandotte County, Kansas’’. 

SEC. 129. Section 375 of division I of the Consolidated Appropriations Resolution, 2003 (117 Stat. 428) is amended by inserting 

before the period at the end the following: ‘‘, including construction 

297

of a connector road between the newly relocated State Route 1045 

and Saint Vincent College, Latrobe, PA’’. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

MOTOR CARRIER SAFETY

LIMITATION ON ADMINISTRATIVE EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Notwithstanding any other provision of law, none of the funds 

in this Act shall be available for expenses for administration of 

motor carrier safety programs and motor carrier safety research, the 

obligations for which are in excess of $176,070,000 for fiscal year 

2004: Provided, That notwithstanding any other provision of law, 

for payment of obligations incurred to pay administrative expenses 

of the Federal Motor Carrier Safety Administration, $176,070,000, 

to be derived from the Highway Trust Fund and to remain available until expended. 

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 31102, 31106 and 

31309, $190,000,000, to be derived from the Highway Trust Fund 

and to remain available until expended: Provided, That none of the 

funds in this Act shall be available for the implementation or execution of programs the obligations for which are in excess of 

$190,000,000 for ‘‘Motor Carrier Safety Grants’’, and ‘‘Information 

Systems’’. 

GENERAL PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

SEC. 130. Funds appropriated or limited in this Act shall be 

subject to the terms and conditions stipulated in section 350 of Public Law 107–87, including that the Secretary submit a report to the 

House and Senate Appropriations Committees annually on the safety and security of transportation into the United States by Mexicodomiciled motor carriers. 

SEC. 131. No funds appropriated or otherwise made available 

by this Act may be used to implement or enforce any provisions of 

the Final Rule, issued on April 16, 2003 (Docket No. FMCSA–97–

2350), with respect to either of the following: 

(1) The operators of utility service vehicles, as that term is 

defined in section 395.2 of title 49, Code of Federal Regulations. 

(2) Maximum daily hours of service for drivers engaged in 

the transportation of property or passengers to or from a motion 

298

picture or television production site located within a 100-air 

mile radius of the work reporting location of such drivers. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, 

to remain available until expended, $72,000,000, to be derived from 

the Highway Trust Fund: Provided, That none of the funds in this 

Act shall be available for the planning or execution of programs the 

total obligations for which, in fiscal year 2004, are in excess of 

$72,000,000 for programs authorized under 23 U.S.C. 403. 

NATIONAL DRIVER REGISTER

(HIGHWAY TRUST FUND)

For expenses necessary to discharge the functions of the Secretary with respect to the National Driver Register under chapter 

303 of title 49, United States Code, $3,600,000, to be derived from 

the Highway Trust Fund, and to remain available until expended. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out the provisions of 23 U.S.C. 402, 

405, and 410, to remain available until expended, $225,000,000, to 

be derived from the Highway Trust Fund: Provided, That none of 

the funds in this Act shall be available for the planning or execution 

of programs the total obligations for which, in fiscal year 2004, are 

in excess of $225,000,000 for programs authorized under 23 U.S.C. 

402, 405, and 410, of which $165,000,000 shall be for ‘‘Highway 

Safety Programs’’ under 23 U.S.C. 402, $20,000,000 shall be for 

‘‘Occupant Protection Incentive Grants’’ under 23 U.S.C. 405, and 

$40,000,000 shall be for ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ under 23 U.S.C. 410: Provided further, That none 

of these funds shall be used for construction, rehabilitation, or remodeling costs, or for office furnishings and fixtures for State, local, 

or private buildings or structures: Provided further, That not to exceed $8,150,000 of the funds made available for section 402, not to 

exceed $1,000,000 of the funds made available for section 405, and 

not to exceed $2,000,000 of the funds made available for section 410 

shall be available to NHTSA for administering highway safety 

grants under chapter 4 of title 23, United States Code: Provided further, That not to exceed $500,000 of the funds made available for 

299

section 410 ‘‘Alcohol-Impaired Driving Countermeasures Grants’’ 

shall be available for technical assistance to the States. 

GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

SEC. 140. Notwithstanding any other provision of law, States 

may use funds provided in this Act under section 402 of title 23, 

United States Code, to produce and place highway safety public 

service messages in television, radio, cinema, and print media, and 

on the Internet in accordance with guidance issued by the Secretary 

of Transportation: Provided, That any State that uses funds for 

such public service messages shall submit to the Secretary a report 

describing and assessing the effectiveness of the messages: Provided 

further, That $10,000,000 of the funds allocated under section 157 

of title 23, United States Code, shall be used as directed by the National Highway Traffic Safety Administrator to purchase national 

paid advertising (including production and placement) to support 

national safety belt mobilizations: Provided further, That, of the 

funds allocated under section 163 of title 23, United States Code, 

$2,750,000 shall be used as directed by the Administrator to support national impaired driving mobilizations and enforcement efforts, $14,000,000 shall be used as directed by the Administrator to 

purchase national paid advertising (including production and 

placement) to support such national impaired driving mobilizations 

and enforcement efforts, $500,000 shall be used as directed by the 

Administrator to conduct an evaluation of alcohol-impaired driving 

messages, and $3,000,000 shall be used as directed by the Administrator to conduct an impaired driving demonstration program. 

SEC. 141. Notwithstanding any other provision of law, funds 

appropriated or limited in the Act to educate the motoring public on 

how to share the road safely with commercial motor vehicles shall 

be administered by the National Highway Traffic Safety Administration. 

SEC. 142. Notwithstanding any other provision of law, for fiscal 

year 2004 the Secretary of Transportation is authorized to use 

amounts made available to carry out section 157 of title 23, United 

States Code, to make innovative project allocations, not to exceed the 

prior year’s amounts for such allocations, before making incentive 

grants for use of seat belts. 

SEC. 143. Notwithstanding any other provision of law, for fiscal 

year 2004 the Secretary of Transportation is authorized to use the 

amounts made available to carry out section 163 of title 23, United 

States Code, to support national mobilizations that target impaired 

drivers, in cooperation with the States and nonprofit safety organizations that have been active participants in such mobilizations. 

Such support shall include impaired driving enforcement grants, 

broadcast advertising to be used as directed by the Secretary, evaluation of these activities, and a demonstration project to test new 

and improved strategies in States where the largest gains in reducing alcohol-related fatalities can be made, as determined by the Secretary. 

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FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $130,825,000, of which $11,712,000 

shall remain available until expended. 

RAILROAD RESEARCH AND DEVELOPMENT

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

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The Secretary of Transportation is authorized to issue to the 

Secretary of the Treasury notes or other obligations pursuant to section 512 of the Railroad Revitalization and Regulatory Reform Act 

of 1976 (Public Law 94–210), as amended, in such amounts and at 

such times as may be necessary to pay any amounts required pursuant to the guarantee of the principal amount of obligations under 

sections 511 through 513 of such Act, such authority to exist as long 

as any such guaranteed obligation is outstanding: Provided, That 

pursuant to section 502 of such Act, as amended, no new direct 

loans or loan guarantee commitments shall be made using Federal 

funds for the credit risk premium during fiscal year 2004: Provided 

further, That no payments of principal or interest shall be collected 

during fiscal year 2004 for the direct loan made to the National 

Railroad Passenger Corporation under section 502 of such Act. 

NEXT GENERATION HIGH-SPEED RAIL

For necessary expenses for the Next Generation High-Speed Rail 

program as authorized under 49 U.S.C. 26101 and 26102, 

$37,400,000, to remain available until expended. 

ALASKA RAILROAD REHABILITATION

To enable the Secretary of Transportation to make grants to the 

Alaska Railroad, $25,000,000 shall be for capital rehabilitation and 

improvements benefiting its passenger operations, to remain available until expended. 

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

To enable the Secretary of Transportation to make quarterly 

grants to the National Railroad Passenger Corporation, 

$1,225,000,000, to remain available until September 30, 2004: Provided, That the Secretary of Transportation shall approve funding 

to cover operating losses and capital expenditures, including advance purchase orders, for the National Railroad Passenger Corporation only after receiving and reviewing a grant request for each 

specific train route: Provided further, That each such grant request 

shall be accompanied by a detailed financial analysis, revenue projection, and capital expenditure projection justifying the Federal 

support to the Secretary’s satisfaction: Provided further, That the 

Secretary of Transportation shall reserve $60,000,000 of the funds 

provided under this heading and is authorized to transfer such 

sums to the Surface Transportation Board, upon request from said 

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tion 11123 of title 49, United States Code to respond to the cessation 

of commuter rail operations by the National Railroad Passenger 

Corporation: Provided further, That the Secretary of Transportation 

shall make the reserved funds available to the National Railroad 

Passenger Corporation through an appropriate grant instrument 

during the fourth quarter of fiscal year 2004 to the extent that no 

directed service orders have been issued by the Surface Transportation Board as of the date of transfer or there is a balance of reserved funds not needed by the Board to pay for any directed service 

order issued through September 30, 2004: Provided further, That 

not later than 60 days after enactment of this Act, Amtrak shall 

transmit, in electronic format, to the Secretary of Transportation, 

the House and Senate Committees on Appropriations, the House 

Committee on Transportation and Infrastructure and the Senate 

Committee on Commerce, Science, and Transportation a comprehensive business plan approved by the Board of Directors for fiscal year 

2005 under section 24104(a) of title 49, United States Code: Provided further, That the business plan shall include, as applicable, 

targets for ridership, revenues, and capital and operating expenses: 

Provided further, That the plan shall also include a separate accounting of such targets for the Northeast Corridor; commuter service; long-distance Amtrak service; state-supported service; each intercity train route; including Autotrain; and commercial activities including contract operations and mail and express: Provided further, 

That the business plan shall include a description of the work to be 

funded, along with cost estimates and an estimated timetable for 

completion of the projects covered by this business plan: Provided 

further, That not later than December 1, 2003 and no later than 30 

days following the last business day of the previous month thereafter, Amtrak shall submit to the Secretary of Transportation and 

the House and Senate Committees on Appropriations a supplemental report, in electronic format, regarding the pending business 

plan, which shall describe the work completed to date, any changes 

to the business plan, and the reasons for such changes: Provided 

further, That none of the funds in this Act may be used for operating expenses, including advance purchase orders, and capital 

projects not approved by the Secretary of Transportation nor on the 

National Railroad Passenger Corporation’s fiscal year 2004 business plan: Provided further, That Amtrak shall display the business 

plan and all subsequent supplemental plans on the Corporation’s 

website within a reasonable timeframe following their submission to 

the appropriate entities: Provided further, That none of the funds 

under this heading may be obligated or expended until the National 

Railroad Passenger Corporation agrees to continue abiding by the 

provisions of paragraphs 1, 2, 3, 5, 9, and 11 of the summary of 

conditions for the direct loan agreement of June 28, 2002, in the 

same manner as in effect on the date of enactment of this Act. 

GENERAL PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

SEC. 150. To authorize the Surface Transportation Board to direct the continued operation of certain commuter rail passenger 

transportation operations in emergency situations, and for other 

purposes: 

(a) Section 11123 of title 49, United States Code, is amended—

(1) in subsection (a)— 

302

(A) by inserting ‘‘failure of existing commuter rail passenger transportation operations caused by a cessation of 

service by the National Railroad Passenger Corporation,’’ 

after ‘‘cessation of operations,’’; 

(B) by striking ‘‘or’’ at the end of paragraph (3); 

(C) by striking the period at the end of paragraph 

(4)(C) and inserting ‘‘; or’’; and 

(D) by adding at the end the following new paragraph: 

‘‘(5) in the case of a failure of existing freight or commuter 

rail passenger transportation operations caused by a cessation 

of service by the National Railroad Passenger Corporation, direct the continuation of the operations and dispatching, maintenance, and other necessary infrastructure functions related to 

the operations.’’; 

(2) in subsection (b)(3)—

(A) by striking ‘‘When’’ and inserting ‘‘(A) Except as 

provided in subparagraph (B), when’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(B) In the case of a failure of existing freight or commuter rail 

passenger transportation operations caused by a cessation of service 

by the National Railroad Passenger Corporation, the Board shall 

provide funding to fully reimburse the directed service provider for 

its costs associated with the activities directed under subsection (a), 

including the payment of increased insurance premiums. The Board 

shall order complete indemnification against any and all claims associated with the provision of service to which the directed rail carrier may be exposed.’’; 

(3) by adding the following new paragraph at the end of 

subsection (c): 

‘‘(4) In the case of a failure of existing freight or commuter rail 

passenger transportation operations caused by cessation of service 

by the National Railroad Passenger Corporation, the Board may not 

direct a rail carrier to undertake activities under subsection (a) to 

continue such operations unless—

‘‘(A) the Board first affirmatively finds that the rail carrier 

is operationally capable of conducting the directed service in a 

safe and efficient manner; and 

‘‘(B) the funding for such directed service required by subparagraph (B) of subsection (b)(3) is provided in advance in appropriations Acts.’’; and 

(4) by adding at the end the following new subsections: 

‘‘(e) For purposes of this section, the National Railroad Passenger Corporation and any entity providing commuter rail passenger transportation shall be considered rail carriers subject to the 

Board’s jurisdiction. 

‘‘(f) For purposes of this section, the term ‘commuter rail passenger transportation’ has the meaning given that term in section 

24102(4).’’. 

(b) Section 24301(c) of title 49, United States Code, is amended 

by inserting ‘‘11123,’’ after ‘‘except for sections’’.

SEC. 151. For the purpose of assisting State-supported intercity 

rail service, in order to demonstrate whether competition will provide higher quality rail passenger service at reasonable prices, the 

Secretary of Transportation, working with affected States, shall deVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00306 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
303

velop and implement a procedure for fair competitive bidding by 

Amtrak and non-Amtrak operators for State-supported routes: Provided, That in the event a State desires to select or selects a nonAmtrak operator for the route, the State may make an agreement 

with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak 

to enable the non-Amtrak operator to provide the State-supported 

service: Provided further, That if the parties cannot agree on terms, 

the Secretary shall, as a condition of receipt of Federal grant funds, 

order that the facilities and equipment be made available and the 

services be provided by Amtrak under reasonable terms and compensation: Provided further, That when prescribing reasonable compensation to Amtrak, the Secretary shall consider quality of service 

as a major factor when determining whether, and the extent to 

which, the amount of compensation shall be greater than the incremental costs of using the facilities and providing the services: Provided further, That the Secretary may reprogram up to $2,500,000 

from the Amtrak operating grant funds for costs associated with the 

implementation of the fair bid procedure and demonstration of competition under this section. 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit 

Administration’s programs authorized by chapter 53 of title 49, 

United States Code, $15,100,000: Provided, That no more than 

$75,500,000 of budget authority shall be available for these purposes: Provided further, That of the funds available not to exceed 

$970,938 shall be available for the Office of the Administrator; not 

to exceed $6,755,434 shall be available for the Office of Administration; not to exceed $3,892,622 shall be available for the Office of the 

Chief Counsel; not to exceed $1,168,780 shall be available for the 

Office of Communication and Congressional Affairs; not to exceed 

$7,157,766 shall be available for the Office of Program Management; not to exceed $6,231,332 shall be available for the Office of 

Budget and Policy; not to exceed $4,854,892 shall be available for 

the Office of Demonstration and Innovation; not to exceed 

$2,717,034 shall be available for the Office of Civil Rights; not to 

exceed $3,667,320 shall be available for the Office of Planning; not 

to exceed $19,050,044 shall be available for regional offices; and not 

to exceed $16,838,838 shall be available for the central account: Provided further, That the Administrator is authorized to transfer 

funds appropriated for an office of the Federal Transit Administration: Provided further, That no appropriation for an office shall be 

increased or decreased by more than 3 percent by all such transfers: 

Provided further, That any change in funding greater than 3 percent shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That of the funds in 

this Act available for the execution of contracts under section 

5327(c) of title 49, United States Code, $2,000,000 shall be reimbursed to the Department of Transportation’s Office of Inspector 

General for costs associated with audits and investigations of transit-related issues, including reviews of new fixed guideway systems: 

Provided further, That not less than $2,200,000 for the National 

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transit database shall remain available until expended: Provided 

further, That upon submission to the Congress of the fiscal year 

2005 President’s budget, the Secretary of Transportation shall 

transmit to Congress the annual report on new starts, proposed allocations of funds for fiscal year 2005: Provided further, That the 

amount herein appropriated shall be reduced by $100,000 per day 

for each day after initial submission of the President’s budget that 

the report has not been submitted to the Congress. 

FORMULA GRANTS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 

5311, 5327, and section 3038 of Public Law 105–178, $767,800,000, 

to remain available until expended: Provided, That no more than 

$3,839,000,000 of budget authority shall be available for these purposes: Provided further, That notwithstanding section 3008 of Public Law 105–178, $50,000,000 of the funds to carry out 49 U.S.C. 

5308 shall be transferred to and merged with funding provided for 

the replacement, rehabilitation, and purchase of buses and related 

equipment and the construction of bus-related facilities under ‘‘Federal Transit Administration, Capital investment grants’’. 

UNIVERSITY TRANSPORTATION RESEARCH

For necessary expenses to carry out 49 U.S.C. 5505, $1,200,000, 

to remain available until expended: Provided, That no more than 

$6,000,000 of budget authority shall be available for these purposes. 

TRANSIT PLANNING AND RESEARCH

For necessary expenses to carry out 49 U.S.C. 5303, 5304, 5305, 

5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, $25,200,000, to remain available until expended: Provided, That no more than 

$126,000,000 of budget authority shall be available for these purposes: Provided further, That $5,250,000 is available to provide 

rural transportation assistance (49 U.S.C. 5311(b)(2)), $4,000,000 is 

available to carry out programs under the National Transit Institute (49 U.S.C. 5315), $8,250,000 is available to carry out transit 

cooperative research programs (49 U.S.C. 5313(a)), $60,385,600 is 

available for metropolitan planning (49 U.S.C. 5303, 5304, and 

5305), $12,614,400 is available for State planning (49 U.S.C. 

5313(b)); and $35,500,000 is available for the national planning 

and research program (49 U.S.C. 5314). 

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Notwithstanding any other provision of law, for payment of obligations incurred in carrying out 49 U.S.C. 5303–5308, 5310–5315, 

5317(b), 5322, 5327, 5334, 5505, and sections 3037 and 3038 of 

Public Law 105–178, $5,847,200,000, to remain available until expended, and to be derived from the Mass Transit Account of the 

Highway Trust Fund: Provided, That $3,071,200,000 shall be paid 

to the Federal Transit Administration’s formula grants account: 

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Provided further, That $100,800,000 shall be paid to the Federal 

Transit Administration’s transit planning and research account: 

Provided further, That $60,400,000 shall be paid to the Federal 

Transit Administration’s administrative expenses account: Provided 

further, That $4,800,000 shall be paid to the Federal Transit Administration’s university transportation research account: Provided 

further, That $100,000,000 shall be paid to the Federal Transit Administration’s job access and reverse commute grants program: Provided further, That $2,510,000,000 shall be paid to the Federal 

Transit Administration’s capital investment grants account. 

CAPITAL INVESTMENT GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, 

and 5327, $627,500,000, to remain available until expended: Provided, That no more than $3,137,500,000 of budget authority shall 

be available for these purposes: Provided further, That there shall 

be available for fixed guideway modernization, $1,206,506,000; 

there shall be available for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of busrelated facilities, $607,200,000, which shall include $50,000,000 

made available under 5309(m)(3)(C) of this title, plus $50,000,000 

transferred from ‘‘Federal Transit Administration, Formula Grants’’ 

and $20,000,000 transferred from ‘‘Federal Transit Administration, 

Job Access and Reverse Commute Grants’’; and there shall be available for new fixed guideway systems $1,323,794,000, together with 

$2,331,545 in unobligated balances made available in Public Law 

106–69 and $2,182,937 in unobligated balances made available in 

Public Law 106–346 to carry out section 3037 of Public Law 105–

178, as amended, to be available as follows: 

Atlanta, Georgia, Northwest Corridor BRT, $2,149,413; 

Baltimore, Maryland, Central Light Rail Double Track 

Project, $40,000,000; 

BART San Francisco Airport (SFO), California, Extension 

Project, $100,000,000; 

Birmingham—Transit Corridor, Alabama, $3,500,000; 

Boston, Massachusetts, Silver Line Phase III, $2,000,000; 

Charlotte, North Carolina, South Corridor Light Rail Project, $12,000,000; 

Chicago, Illinois, Metra Commuter Rail Expansions and Extensions, $52,000,000; 

Chicago, Illinois, Ravenswood Reconstruction, $10,000,000; 

Chicago, Illinois, Transit Authority, Douglas Branch Re- construction, $85,000,000; 

Dallas, Texas, North Central Light Rail Extension, 

$30,161,283; 

Denver, Colorado, Southeast Corridor LRT (T-REX), 

$80,000,000; 

East Side Access Project, New York, Phase I, $75,000,000; 

Euclid Corridor Transportation Project, Ohio, $11,000,000; 

Fort Lauderdale, Florida, Tri-Rail Commuter Project, $18,410,000; 

Hawaii and Alaska Ferry Boats, $10,296,000; 

Houston Advanced Metro Transit Plan, Texas, $8,000,000; 

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Integrated Intermodal project, Rhode Island, $3,000,000; 

Kenosha-Racine-Milwaukee Commuter Rail Extension, Wisconsin, $3,250,000; 

Las Vegas, Nevada, Resort Corridor Fixed Guideway, 

MOS, $20,000,000; 

Little Rock, Arkansas, River Rail Streetcar Project, 

$3,000,000; 

Maine Marine Highway, $1,550,000; 

Memphis, Tennessee, Medical Center Rail Extension, 

$9,247,588; 

Minneapolis, Minnesota, Hiawatha Corridor Light Rail 

Transit (LRT), $74,980,000; 

Minneapolis, Minnesota, Northstar Corridor Rail Project, 

$5,750,000; 

New Orleans, Louisiana, Canal Street Streetcar Project, 

$23,291,373; 

New York, Second Avenue Subway, $2,000,000; 

Newark, New Jersey, Rail Link (NERL) MOS1, 

$22,566,022; 

Northern Oklahoma Regional Multimodal Transportation 

System, $3,000,000; 

Northern, New Jersey, Hudson-Bergen Light Rail (MOS2), 

$100,000,000; 

Phase II, LA to Pasadena Metro Gold Line Light Rail 

Project, $4,000,000; 

Philadelphia, Pennsylvania, Schuylkill Valley Metro, 

$14,000,000; 

Phoenix, Arizona, Central Phoenix/East Valley Light Rail 

Transit Project, $13,000,000; 

Pittsburgh, Pennsylvania, North Shore Connector, 

$10,000,000; 

Pittsburgh, Pennsylvania, Stage II Light Rail Transit Reconstruction, $32,243,442; 

Portland, Oregon, Interstate MAX Light Rail Extension, 

$77,500,000; 

Raleigh, North Carolina, Triangle Transit Authority Regional Rail Project, $5,500,000; 

Regional Commuter Rail (Weber County to Salt Lake City), 

Utah, $9,000,000; 

Salt Lake City, Utah, Medical Center LRT Extension, 

$30,663,361; 

San Diego, California, Mission Valley East Light Rail 

Transit Extension, $65,000,000; 

San Diego, California, Oceanside-Escondido Rail Project, 

$48,000,000; 

San Francisco, California Muni Third Street Light Rail 

Project, $9,000,000; 

San Jose, California, Silicon Valley Rapid Transit Corridor, $2,000,000; 

Scranton, Pennsylvania, NY City Rail Service, $2,500,000; 

Seattle, Washington, Sound Transit Central Link Initial 

Segment, $75,000,000; 

South Shore Commuter Rail Service capacity enhancement, 

$1,000,000; 

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Stamford, Connecticut, Urban Transitway & Intermodal 

Transportation Center Improvements, $4,000,000; 

Tren Urbano Rapid Transit System, San Juan, PR, 

$20,000,000; 

VRE Parking Improvements, Virginia, $3,000,000; 

Washington, DC/VA Dulles Corridor Rapid Transit 

Project, $20,000,000;

Washington, DC/MD, Largo Extension, $65,000,000; 

Western North Carolina Rail Passenger Service, 

$1,000,000; 

Wilmington, Delaware, Train Station Improvements, 

$1,500,000; 

Wilsonville to Beaverton, Oregon, Commuter Rail, 

$3,250,000; and 

Yarmouth to Auburn Line, Maine, $1,000,000. 

JOB ACCESS AND REVERSE COMMUTE GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out section 3037 of the Federal 

Transit Act of 1998, $25,000,000, to remain available until expended: Provided, That no more than $125,000,000 of budget authority shall be available for these purposes: Provided further, That 

up to $300,000 of the funds provided under this heading may be 

used by the Federal Transit Administration for technical assistance 

and support and performance reviews of the Job Access and Reverse 

Commute Grants program: Provided further, That $20,000,000 of 

the funds provided under this heading shall be transferred to and 

merged with funds for the replacement, rehabilitation, and purchase 

of buses and related equipment and the construction of bus-related 

facilities under ‘‘Federal Transit Administration, Capital Investment Grants’’: Provided further, That $2,331,545 in unobligated 

balances made available in Public Law 106–69 and $2,182,937 in 

unobligated balances made available in Public Law 106–346 to 

carry out section 3037 of Public Law 105–178, as amended, shall 

be transferred to and merged with funds for new fixed guideway 

systems under ‘‘Federal Transit Administration, Capital Investment 

Grants’’. 

GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

SEC. 160. The limitations on obligations for the programs of the 

Federal Transit Administration shall not apply to any authority 

under 49 U.S.C. 5338, previously made available for obligation, or 

to any other authority previously made available for obligation. 

SEC. 161. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made available by this Act under ‘‘Federal Transit Administration, Capital investment grants’’ for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2006, 

and other recoveries, shall be made available for other projects 

under 49 U.S.C. 5309. 

SEC. 162. Notwithstanding any other provision of law, any 

funds appropriated before October 1, 2003, under any section of 

chapter 53 of title 49, United States Code, that remain available for 

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expenditure may be transferred to and administered under the most 

recent appropriation heading for any such section. 

SEC. 163. Funds made available for Alaska or Hawaii ferry 

boats or ferry terminal facilities pursuant to 49 U.S.C. 

5309(m)(2)(B) may be used to construct new vessels and facilities, 

or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, 

and for repair facilities: Provided, That not more than $3,000,000 

of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) 

may be used by the State of Hawaii to initiate and operate a passenger ferryboat services demonstration project to test the viability 

of different intra-island and inter-island ferry boat routes and technology: Provided further, That notwithstanding 49 U.S.C. 

5302(a)(7), funds made available for Alaska or Hawaii ferry boats 

may be used to acquire passenger ferry boats and to provide passenger ferry transportation services within areas of the State of Hawaii under the control or use of the National Park Service. 

SEC. 164. Notwithstanding any other provision of law, funds 

made available to the Colorado Roaring Fork Transportation Authority under ‘‘Federal Transit Administration, Capital investment 

grants’’ in Public Laws 106–69 and 106–346 shall be available for 

expenditure on park and ride lots in Carbondale and Glenwood 

Springs, Colorado as part of the Roaring Fork Valley Bus Rapid 

Transit project. 

SEC. 165. Notwithstanding any other provision of law, unobligated funds made available for a new fixed guideway systems 

projects under the heading ‘‘Federal Transit Administration, Capital Investment Grants’’ in any appropriations act prior to this Act 

may be used during this fiscal year to satisfy expenses incurred for 

such projects. 

SEC. 166. (a) IN GENERAL.—The Secretary shall establish a 

pilot program to determine the benefits of encouraging cooperative 

procurement of major capital equipment under sections 5307, 5309, 

and 5311. The program shall consist of three pilot projects. Cooperative procurements in these projects may be carried out by grantees, 

consortiums of grantees, or members of the private sector acting as 

agents of grantees. 

(b) FEDERAL SHARE.—Notwithstanding any other provision of 

law, the Federal share for a grant under this pilot program shall 

be 90 percent of the net project cost. 

(c) PERMISSIBLE ACTIVITIES.—

(1) DEVELOPING SPECIFICATIONS.—Cooperative specifications may be developed either by the grantees or their agents. 

(2) REQUESTS FOR PROPOSALS.—To the extent permissible 

under state and local law, cooperative procurements under this 

section may be carried out, either by the grantees or their 

agents, by issuing one request for proposal for each cooperative 

procurement, covering all agencies that are participating in the 

procurement. 

(3) BEST AND FINAL OFFERS.—The cost of evaluating best 

and final offers either by the grantees or their agents, is an eligible expense under this program. 

(d) TECHNOLOGY.—To the extent feasible, cooperative procurements under this section shall maximize use of Internet-based software technology designed specifically for transit buses and other 

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major capital equipment to develop specifications; aggregate equipment requirements with other transit agencies; generate cooperative 

request for proposal packages; create cooperative specifications; and 

automate the request for approved equals process. 

(e) ELIGIBLE EXPENSES.—The cost of the permissible activities 

under (c) and procurement under (d) are eligible expenses under the 

pilot program. 

(f) PROPORTIONATE CONTRIBUTIONS.—Cooperating agencies 

may contribute proportionately to the non-Federal share of any of 

the eligible expenses under (e).

(g) OUTREACH.—The Secretary shall conduct outreach on cooperative procurement. Under this program the Secretary shall: (1) 

offer technical assistance to transit agencies to facilitate the use of 

cooperative procurement of major capital equipment and (2) conduct 

seminars and conferences for grantees, nationwide, on the concept 

of cooperative procurement of major capital equipment. 

(h) REPORT.—Not later than 30 days after delivery of the base 

order under each of the pilot projects, the Secretary shall submit to 

the House and Senate Committees on Appropriations a report on the 

results of that pilot project. Each report shall evaluate any savings 

realized through the cooperative procurement and the benefits of incorporating cooperative procurement, as shown by that project, into 

the mass transit program as a whole. 

SEC. 167. Notwithstanding any other provision of law, new 

fixed guideway system funds available for the Yosemite, California, 

area regional transportation system project, in the Department of 

Transportation and Related Agencies Appropriations Act, 2002, 

Public Law 107–87, under ‘‘Capital Investment Grants’’, in the 

amount of $400,000 shall be available for obligation for the replacement, rehabilitation, or purchase of buses or related equipment, or 

the construction of bus related facilities: Provided, That this amount 

shall be in addition to the amount available in fiscal year 2002 for 

these purposes. 

SEC. 168. Notwithstanding any other provision of law, for the 

purpose of calculating the non-New Starts share of the total project 

cost of both phases of San Francisco Muni’s Third Street Light Rail 

Transit project for fiscal year 2004, the Secretary of Transportation 

shall include all non-New Starts contributions made towards Phase 

1 of the two-phase project for engineering, final design and construction, and also shall allow non-New Starts funds expended on 

one element or phase of the project to be used to meet the non-New 

Starts share requirement of any element or phase of the project: Provided further, That none of the funds provided in this Act for the 

San Francisco Muni Third Street Light Rail Transit Project shall 

be obligated if the Federal Transit Administration determines that 

the project is found to be ‘‘not recommended’’ after evaluation and 

computation of revised transportation system user benefit data. 

SEC. 169. Notwithstanding any other provision of law, funds 

made available under ‘‘Federal Transit Administration, Capital Investment Grants’’ in Public Law 105–277 for the Cleveland Berea 

Red Line Extension to the Hopkins International Airport project 

may be used for the Euclid Corridor Transportation Project. 

SEC. 170. Notwithstanding any other provision of law, funds 

designated to the Community Transportation Association of America (CTAA) on pages 1305 through 1307 of the Joint Explanatory 

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Statement of the Committee of Conference for Public Law 108–7 

may be available to CTAA for any project or activity authorized 

under section 3037 of Public Law 105–178 upon receipt of an application. 

SEC. 171. After the last section of the Federal Transit Act, 49 

U.S.C. Chapter 53, add the following section: 

‘‘SEC. 3042. UTAH TRANSPORTATION PROJECTS. 

‘‘(a) COORDINATION.—FTA and FHWA are directed to work with 

the Utah Transit Authority and the Utah Department of Transportation to coordinate the development regional commuter rail and the 

northern segment of I–15 reconstruction located in the Wasatch 

Front corridor extending from Brigham City to Payson, Utah. Coordination includes integration of preliminary engineering and design, a simplified method for allocating project costs among eligible 

FTA and FHWA funding sources, and a unified accounting and 

audit process. 

‘‘(b) GOVERNMENTAL FUNDING.—For purposes of determining 

and allocating the nongovernmental and governmental share of 

costs, the following projects comprise a related program of projects: 

regional commuter rail, the TRAX light rail system, TRAX extensions to the Medical Center and to the Gateway Intermodal Center, 

and the northern segment of I–15 reconstruction. The governmental 

share of project costs appropriated from the Section 5309 New Start 

program shall conform to the share specified in the extension or reauthorization of TEA21.’’. 

SEC. 172. Funds apportioned to the Charleston Area Regional 

Transportation Authority to carry out section 5307 of title 49, 

United States Code, may be used to lease land, equipment, or facilities used in public transportation from another governmental authority in the same geographic area: Provided, That the non-Federal 

share under section 5307 may include revenues from the sale of advertising and concessions: Provided further, That this provision 

shall remain in effect until September 30, 2004, or until the Federal 

interest in the land, equipment or facilities leased reaches 80 percent of its fair market value at disposition, whichever occurs first. 

SEC. 173. Notwithstanding any other provision of law, funds 

designated to the Pennsylvania Cumberland/Dauphin County Corridor I project in committee reports accompanying this Act may be 

available to the recipient for any project activities authorized under 

sections 5307 and 5309 of title 49, United States Code.

SEC. 174. To the extent that funds provided by the Congress for 

the Memphis Medical Center light rail extension project through the 

Section 5309 ‘‘new fixed guideway systems’’ program remain available upon the closeout of the project, Federal Transit Administration is directed to permit the Memphis Area Transit Authority to use 

all of those funds for planning, engineering, design, construction or 

acquisition projects pertaining to the Memphis Regional Rail Plan. 

Such funds shall remain available until expended. 

SEC. 175. Section 30303(d)(3) of the Transportation Equity Act 

for the 21st Century (Public Law 105–178) is amended by inserting 

at the end: 

‘‘(D) Memphis-Shelby International Airport intermodal facility.’’. 

SEC. 176. For fiscal year 2004, Section 3027 of the Transportation Equity Act for the 21st Century (49 U.S.C. 5307 note; 112 

311

Stat. 366), as amended, is amended by adding at the end the following: 

‘‘(3) SERVICES FOR ELDERLY AND PERSONS WITH DISABIL- ITIES.—In addition to assistance made available under paragraph (1), the Secretary may provide assistance under section 

5307 of title 49, United States Code, to a transit provider that 

operates 25 or fewer vehicles in an urbanized area with a population of at least 200,000 to finance the operating costs of equipment and facilities used by the transit provider in providing 

mass transportation services to elderly and persons with disabilities, provided that such assistance to all entities shall not 

exceed $10,000,000 annually.’’. 

SEC. 177. None of the funds in this Act shall be available to 

any Federal transit grantee after February 1, 2004, involved directly 

or indirectly, in any activity that promotes the legalization or medical use of any substance listed in schedule I of section 202 of the 

Controlled Substances Act (21 U.S.C. 812 et seq.). 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

The Saint Lawrence Seaway Development Corporation is hereby 

authorized to make such expenditures, within the limits of funds 

and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of 

the Government Corporation Control Act, as amended, as may be 

necessary in carrying out the programs set forth in the Corporation’s 

budget for the current fiscal year. 

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

For necessary expenses for operations and maintenance of those 

portions of the Saint Lawrence Seaway operated and maintained by 

the Saint Lawrence Seaway Development Corporation, $14,400,000, 

to be derived from the Harbor Maintenance Trust Fund, pursuant 

to Public Law 99–662. 

MARITIME ADMINISTRATION

MARITIME SECURITY PROGRAM

For necessary expenses to maintain and preserve a U.S.-flag 

merchant fleet to serve the national security needs of the United 

States, $98,700,000, to remain available until expended. 

OPERATIONS AND TRAINING

For necessary expenses of operations and training activities au- thorized by law, $106,997,000, of which $23,600,000 shall remain 

available until September 30, 2004, for salaries and benefits of employees of the United States Merchant Marine Academy; of which 

$13,500,000 shall remain available until expended for capital improvements at the United States Merchant Marine Academy; of 

which $8,063,000 shall remain available until expended for the 

State Maritime Schools Schoolship Maintenance and Repair; of 

which $500,000 shall remain available until expended for the evaluation and provision of the fourteen commercially strategic ports; 

312

and of which $1,000,000 shall remain available until September 30, 

2005, for Maritime Security Professional Training in support of Section 109 of the Maritime Transportation Security Act of 2002. 

SHIP DISPOSAL

For necessary expenses related to the disposal of obsolete vessels 

in the National Defense Reserve Fleet of the Maritime Administration, $16,211,000, to remain available until expended. 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

For administrative expenses to carry out the guaranteed loan 

program, not to exceed $4,498,000, which shall be transferred to 

and merged with the appropriation for Operations and Training. 

SHIP CONSTRUCTION

(RESCISSION)

Of the unobligated balances available under this heading, 

$4,107,056 are rescinded. 

GENERAL PROVISIONS—MARITIME ADMINISTRATION

SEC. 180. Notwithstanding any other provision of this Act, the 

Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of 

the Maritime Administration, and payments received therefore shall 

be credited to the appropriation charged with the cost thereof: Provided, That rental payments under any such lease, contract, or occupancy for items other than such utilities, services, or repairs shall 

be covered into the Treasury as miscellaneous receipts. 

SEC. 181. No obligations shall be incurred during the current 

fiscal year from the construction fund established by the Merchant 

Marine Act, 1936, or otherwise, in excess of the appropriations and 

limitations contained in this Act or in any prior appropriation Act. 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For expenses necessary to discharge the functions of the Research and Special Programs Administration, $46,441,000, of which 

$645,000 shall be derived from the Pipeline Safety Fund, and of 

which $2,510,000 shall remain available until September 30, 2006: 

Provided, That up to $1,200,000 in fees collected under 49 U.S.C. 

5108(g) shall be deposited in the general fund of the Treasury as offsetting receipts: Provided further, That there may be credited to this 

appropriation, to be available until expended, funds received from 

States, counties, municipalities, other public authorities, and private sources for expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.

313

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

For expenses necessary to conduct the functions of the pipeline 

safety program, for grants-in-aid to carry out a pipeline safety program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, 

$66,305,000, of which $13,000,000 shall be derived from the Oil 

Spill Liability Trust Fund and shall remain available until September 30, 2006; of which $53,305,000 shall be derived from the 

Pipeline Safety Fund, of which $21,828,000 shall remain available 

until September 30, 2006. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

For necessary expenses to carry out 49 U.S.C. 5127(c), $200,000, 

to be derived from the Emergency Preparedness Fund, to remain 

available until September 30, 2006: Provided, That not more than 

$14,300,000 shall be made available for obligation in fiscal year 

2004 from amounts made available by 49 U.S.C. 5116(i) and 

5127(d): Provided further, That none of the funds made available 

by 49 U.S.C. 5116(i) and 5127(d) shall be made available for obligation by individuals other than the Secretary of Transportation, or 

his designee. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General to 

carry out the provisions of the Inspector General Act of 1978, as 

amended, $56,000,000: Provided, That the Inspector General shall 

have all necessary authority, in carrying out the duties specified in 

the Inspector General Act, as amended (5 U.S.C. App. 3) to investigate allegations of fraud, including false statements to the government (18 U.S.C. 1001), by any person or entity that is subject to regulation by the Department: Provided further, That the funds made 

available under this heading shall be used to investigate, pursuant 

to section 41712 of title 49, United States Code: (1) unfair or deceptive practices and unfair methods of competition by domestic and 

foreign air carriers and ticket agents; and (2) the compliance of domestic and foreign air carriers with respect to item (1) of this proviso. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

For necessary expenses of the Surface Transportation Board, including services authorized by 5 U.S.C. 3109, $19,521,000: Provided, That notwithstanding any other provision of law, not to exceed $1,050,000 from fees established by the Chairman of the Surface Transportation Board shall be credited to this appropriation as 

offsetting collections and used for necessary and authorized expenses 

314

under this heading: Provided further, That the sum herein appropriated from the general fund shall be reduced on a dollar-for-dollar basis as such offsetting collections are received during fiscal 

year 2004, to result in a final appropriation from the general fund 

estimated at no more than $18,471,000. 

TITLE II—DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Departmental Offices including 

operation and maintenance of the Treasury Building and Annex; 

hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, 

real properties leased or owned overseas, when necessary for the performance of official business; not to exceed $3,000,000, to remain 

available until September 30, 2005 for information technology modernization requirements; not to exceed $150,000 for official reception 

and representation expenses; not to exceed $258,000 for unforeseen 

emergencies of a confidential nature, to be allocated and expended 

under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate, $176,109,000: Provided, That 

the Office of Foreign Assets Control shall be funded at no less than 

$21,855,000 and 120 full time equivalent positions: Provided further, That of these amounts, $2,900,000 is available for grants to 

State and local law enforcement groups to help fight money laundering: Provided further, That of these amounts, $3,393,000, to remain available until September 30, 2005, shall be for the Treasurywide Financial Statement Audit Program, of which such amounts 

as may be necessary may be transferred to accounts of the Department’s offices and bureaus to conduct audits: Provided further, That 

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

this Act. 

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For development and acquisition of automatic data processing 

equipment, software, and services for the Department of the Treasury, $36,400,000, to remain available until September 30, 2006: 

Provided, That these funds shall be transferred to accounts and in 

amounts as necessary to satisfy the requirements of the Department’s offices, bureaus, and other organizations: Provided further, 

That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of 

the funds appropriated shall be used to support or supplement the 

Internal Revenue Service appropriations for Information Systems or 

Business Systems Modernization. 

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OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, not to exceed $2,000,000 for official travel expenses, including hire of passenger motor vehicles; and not to exceed $100,000 

for unforeseen emergencies of a confidential nature, to be allocated 

and expended under the direction of the Inspector General of the 

Treasury, $13,000,000, of which not to exceed $2,500 shall be available for official reception and representation expenses. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Treasury Inspector General for 

Tax Administration in carrying out the Inspector General Act of 

1978, as amended, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); services authorized by 5 U.S.C. 3109, at 

such rates as may be determined by the Inspector General for Tax 

Administration; not to exceed $6,000,000 for official travel expenses; 

and not to exceed $500,000 for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the 

Inspector General for Tax Administration, $128,034,000. 

AIR TRANSPORTATION STABILIZATION PROGRAM

For necessary expenses to administer the Air Transportation 

Stabilization Board established by section 102 of the Air Transportation Safety and System Stabilization Act (Public Law 107–42), 

$2,538,000, to remain available until expended. 

TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Treasury 

Building and Annex, $25,000,000, to remain available until September 30, 2006, of which not less than $7,000,000 shall not be 

available for obligation until completion of the audit by the Treasury Inspector General or upon the advance approval of the House 

and Senate Committees on Appropriations. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For necessary expenses of the Financial Crimes Enforcement 

Network, including hire of passenger motor vehicles; travel expenses 

of non-Federal law enforcement personnel to attend meetings concerned with financial intelligence activities, law enforcement, and financial regulation; not to exceed $14,000 for official reception and 

representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $57,571,000, of 

which not to exceed $4,500,000 shall remain available until September 30, 2006; and of which $8,152,000 shall remain available 

until September 30, 2005: Provided, That funds appropriated in 

this account may be used to procure personal services contracts. 

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FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

For necessary expenses of the Financial Management Service, 

$228,558,000, of which not to exceed $9,220,000 shall remain available until September 30, 2006, for information systems modernization initiatives; and of which not to exceed $2,500 shall be available 

for official reception and representation expenses. 

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

For necessary expenses of carrying out section 1111 of the 

Homeland Security Act of 2002, including hire of passenger motor 

vehicles, $80,000,000; of which not to exceed $6,000 for official reception and representation expenses; not to exceed $50,000 for cooperative research and development programs for Laboratory Services; 

and provision of laboratory assistance to State and local agencies 

with or without reimbursement. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

Pursuant to section 5136 of title 31, United States Code, the 

United States Mint is provided funding through the United States 

Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, 

including both operating expenses and capital investments. The aggregate amount of new liabilities and obligations incurred during 

fiscal year 2004 under such section 5136 for circulating coinage and 

protective service capital investments of the United States Mint 

shall not exceed $40,652,000. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

For necessary expenses connected with any public-debt issues of 

the United States, $178,052,000, of which not to exceed $2,500 shall 

be available for official reception and representation expenses, and 

of which not to exceed $2,000,000 shall remain available until expended for systems modernization: Provided, That the sum appropriated herein from the General Fund for fiscal year 2004 shall be 

reduced by not more than $4,400,000 as definitive security issue fees 

and Treasury Direct Investor Account Maintenance fees are collected, so as to result in a final fiscal year 2004 appropriation from 

the general fund estimated at $173,652,000. In addition, $40,000 to 

be derived from the Oil Spill Liability Trust Fund to reimburse the 

Bureau for administrative and personnel expenses for financial 

management of the Fund, as authorized by section 1012 of Public 

Law 101–380. 

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INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For necessary expenses of the Internal Revenue Service for prefiling taxpayer assistance and education, filing and account services, shared services support, general management and administration; and services as authorized by 5 U.S.C. 3109, at such rates as 

may be determined by the Commissioner, $4,033,000,000, of which 

up to $4,100,000 shall be for the Tax Counseling for the Elderly 

Program, of which $7,500,000 shall be available for low-income taxpayer clinic grants, and of which not to exceed $25,000 shall be for 

official reception and representation expenses. 

TAX LAW ENFORCEMENT

For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities; providing litigation support; conducting criminal investigation and enforcement activities; 

securing unfiled tax returns; collecting unpaid accounts; conducting 

a document matching program; resolving taxpayer problems 

through prompt identification, referral and settlement; resolving essential earned income tax credit compliance and error problems; 

compiling statistics of income and conducting compliance research; 

purchase (for police-type use, not to exceed 850) and hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by U.S.C. 3109, at such rates as may be determined by the 

Commissioner, $4,196,000,000, of which not to exceed $1,000,000 

shall remain available until September 30, 2006, for research: Provided, That such sums may be transferred as necessary from this 

account to the IRS Processing, Assistance, and Management appropriation or the IRS Information Systems appropriation solely for the 

purposes of management of the Earned Income Tax Compliance program and to reimburse the Social Security Administration for the 

cost of implementing section 1090 of the Taxpayer Relief Act of 1997 

(Public Law 105–33): Provided further, That this transfer authority 

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

Act. 

INFORMATION SYSTEMS

For necessary expenses of the Internal Revenue Service for information systems and telecommunications support, including developmental information systems and operational information systems; 

the hire of passenger motor vehicles (31 U.S.C. 1343(b)); and services as authorized by 5 U.S.C. 3109, at such rates as may be determined by the Commissioner, $1,590,962,000, of which $200,000,000 

shall remain available until September 30, 2005. 

BUSINESS SYSTEMS MODERNIZATION

For necessary expenses of the Internal Revenue Service, $390,000,000, to remain available until September 30, 2006, for the 

capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, 

including contractual costs associated with operations authorized by 

5 U.S.C. 3109: Provided, That none of these funds may be obligated 

until the Internal Revenue Service submits to the Committees on 

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Appropriations, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and 

Budget, including Circular A–11 part 3; (2) complies with the Internal Revenue Service’s enterprise architecture, including the modernization blueprint; (3) conforms with the Internal Revenue Service’s enterprise life cycle methodology; (4) is approved by the Internal Revenue Service, the Department of the Treasury, and the Office 

of Management and Budget; (5) has been reviewed by the General 

Accounting Office; and (6) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government. 

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

For expenses necessary to implement the health insurance tax 

credit included in the Trade Act of 2002 (Public Law 107–210), 

$35,000,000, to remain available until September 30, 2005. 

GENERAL PROVISIONS—INTERNAL REVENUE SERVICE

SEC. 201. Not to exceed 5 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon the 

advance approval of the Committees on Appropriations. 

SEC. 202. The Internal Revenue Service shall maintain a training program to ensure that Internal Revenue Service employees are 

trained in taxpayers’ rights, in dealing courteously with the taxpayers, and in cross-cultural relations. 

SEC. 203. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality 

of taxpayer information. 

SEC. 204. Funds made available by this or any other Act to the 

Internal Revenue Service shall be available for improved facilities 

and increased manpower to provide sufficient and effective 1–800 

help line service for taxpayers. The Commissioner shall continue to 

make the improvement of the Internal Revenue Service 1–800 help 

line service a priority and allocate resources necessary to increase 

phone lines and staff to improve the Internal Revenue Service 1–800 

help line service. 

SEC. 205. Within one hundred and eighty days of enactment, 

the Secretary of the Treasury shall present to the Congress a proposal for legislation which would provide transition relief for older 

and longer-service participants affected by conversions of their employers’ traditional pension plans to cash balance pension plans: 

Provided, That none of the funds made available in this Act may 

be used by the Secretary of the Treasury, or his designee, to issue 

any rule or regulation which implements the proposed amendments 

to Internal Revenue Service regulations set forth in REG–209500–

86 and REG–164464–02, or any amendments reaching results similar to such proposed amendments. 

SEC. 206. STUDY ON EARNED INCOME TAX CREDIT CERTIFICATION PROGRAM. (A) STUDY.—The Internal Revenue Service shall 

conduct a study, as a part of any program that requires certification 

(including pre-certification) in order to claim the earned income tax 

credit under section 32 of the Internal Revenue Code of 1986, on the 

following matters: 

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(1) The costs (in time and money) incurred by the participants in the program. 

(2) The administrative costs incurred by the Internal Revenue Service in operating the program. 

(3) The percentage of individuals included in the program 

who were not certified for the credit, including the percentage 

of individuals who were not certified due to—

(A) ineligibility for the credit; and 

(B) failure to complete the requirements for certification. 

(4) The percentage of individuals to whom paragraph (3)(B) 

applies who were—

(A) otherwise eligible for the credit; and 

(B) otherwise ineligible for the credit. 

(5) The percentage of individuals to whom paragraph (3)(B) 

applies who—

(A) did not respond to the request for certification; and 

(B) responded to such request but otherwise failed to 

complete the requirements for certification. 

(6) The reasons—

(A) for which individuals described in paragraph 

(5)(A) did not respond to requests for certification; and

(B) for which individuals described in paragraph 

(5)(B) had difficulty in completing the requirements for certification. 

(7) The characteristics of those individuals who were denied the credit due to—

(A) failure to complete the requirements for certification; and 

(B) ineligibility for the credit. 

(8) The impact of the program on non-English speaking 

participants. 

(9) The impact of the program on homeless and other highly transient individuals. 

(b) REPORT.— (1) PRELIMINARY REPORT.—Not later than July 30, 2004, 

the Commissioner of the Internal Revenue Service shall submit 

to Congress a preliminary report on the study conducted under 

subsection (a). 

(2) FINAL REPORT.—Not later than June 30, 2005, the Commissioner of the Internal Revenue Service shall submit to Congress a final report detailing the findings of the study conducted under subsection (a). 

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

SEC. 210. Appropriations to the Department of the Treasury in 

this Act shall be available for uniforms or allowances therefor, as 

authorized by law (5 U.S.C. 5901), including maintenance, repairs, 

and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard 

to the general purchase price limitations for vehicles purchased and 

used overseas for the current fiscal year; entering into contracts with 

the Department of State for the furnishing of health and medical 

services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109. 

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SEC. 211. Not to exceed 2 percent of any appropriations in this 

Act made available to the Departmental Offices—Salaries and Expenses, Office of Inspector General, Financial Management Service, 

Alcohol and Tobacco Tax and Trade Bureau, Financial Crime Enforcement Network, and Bureau of the Public Debt, may be transferred between such appropriations upon the advance approval of 

the Committees on Appropriations. No transfer may increase or decrease any such appropriation by more than 2 percent. 

SEC. 212. Not to exceed 2 percent of any appropriation made 

available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s 

appropriation upon the advance approval of the Committees on Appropriations. No transfer may increase or decrease any such appropriation by more than 2 percent. 

SEC. 213. Of the funds available for the purchase of law enforcement vehicles, no funds may be obligated until the Secretary of 

the Treasury certifies that the purchase by the respective Treasury 

bureau is consistent with Departmental vehicle management principles: Provided, That the Secretary may delegate this authority to 

the Assistant Secretary for Management. 

SEC. 214. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of 

Engraving and Printing may be used to redesign the $1 Federal Reserve note. 

SEC. 215. The Secretary of the Treasury may transfer funds 

from ‘‘Salaries and Expenses’’, Financial Management Service, to 

the Debt Services Account as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such 

Salaries and Expenses account from debt collections received in the 

Debt Services Account. 

SEC. 216. Section 122(g)(1) of Public Law 105–119 (5 U.S.C. 

3104 note), is further amended by striking ‘‘5 years’’ and inserting 

‘‘6 years’’. 

SEC. 217. None of the funds appropriated or otherwise made 

available by this or any other Act may be used by the United States 

Mint to construct or operate any museum without the explicit approval of the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs. 

SEC. 218. For fiscal year 2004 and each fiscal year thereafter, 

there are appropriated to the Secretary of the Treasury such sums 

as may be necessary to reimburse financial institutions in their capacity as depositaries and financial agents of the United States for 

all services required or directed by the Secretary of the Treasury, or 

the Secretary’s designee, to be performed by such financial institutions on behalf of the Department of the Treasury or other Federal 

agencies, including services rendered prior to fiscal year 2004. 

TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND 

FUNDS APPROPRIATED TO THE PRESIDENT 

COMPENSATION OF THE PRESIDENT

For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 

102, $450,000: Provided, That none of the funds made available for 

official expenses shall be expended for any other purpose and any 

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unused amount shall revert to the Treasury pursuant to section 

1552 of title 31, United States Code.

WHITE HOUSE OFFICE

SALARIES AND EXPENSES

For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 

5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized 

by 3 U.S.C. 105, which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles, newspapers, 

periodicals, teletype news service, and travel (not to exceed $100,000 

to be expended and accounted for as provided by 3 U.S.C. 103); and 

not to exceed $19,000 for official entertainment expenses, to be available for allocation within the Executive Office of the President, 

$69,168,000: Provided, That $8,650,000 of the funds appropriated 

shall be available for reimbursements to the White House Communications Agency: Provided further, That $7,231,000 of the funds 

appropriated under this heading shall be available for the Homeland Security Council. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE

OPERATING EXPENSES

For the care, maintenance, repair and alteration, refurnishing, 

improvement, heating, and lighting, including electric power and 

fixtures, of the Executive Residence at the White House and official 

entertainment expenses of the President, $12,501,000, to be expended 

and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112–

114. 

REIMBURSABLE EXPENSES

For the reimbursable expenses of the Executive Residence at the 

White House, such sums as may be necessary: Provided, That all reimbursable operating expenses of the Executive Residence shall be 

made in accordance with the provisions of this paragraph: Provided 

further, That, notwithstanding any other provision of law, such 

amount for reimbursable operating expenses shall be the exclusive 

authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further, That 

the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the 

estimated cost of the event, and all such advance payments shall be 

credited to this account and remain available until expended: Provided further, That the Executive Residence shall require the national committee of the political party of the President to maintain 

on deposit $25,000, to be separately accounted for and available for 

expenses relating to reimbursable political events sponsored by such 

committee during such fiscal year: Provided further, That the Executive Residence shall ensure that a written notice of any amount 

owed for a reimbursable operating expense under this paragraph is 

submitted to the person owing such amount within 60 days after 

such expense is incurred, and that such amount is collected within 

30 days after the submission of such notice: Provided further, That 

the Executive Residence shall charge interest and assess penalties 

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and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under section 3717 of title 31, United States Code: Provided further, That each such amount that is reimbursed, and any 

accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further, That the Executive 

Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year 

covered by this Act, a report setting forth the reimbursable operating 

expenses of the Executive Residence during the preceding fiscal year, 

including the total amount of such expenses, the amount of such 

total that consists of reimbursable official and ceremonial events, 

the amount of such total that consists of reimbursable political 

events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further, That the Executive Residence shall maintain a system for the tracking of expenses 

related to reimbursable events within the Executive Residence that 

includes a standard for the classification of any such expense as political or nonpolitical: Provided further, That no provision of this 

paragraph may be construed to exempt the Executive Residence 

from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code. 

WHITE HOUSE REPAIR AND RESTORATION

For the repair, alteration, and improvement of the Executive Residence at the White House, $4,225,000, to remain available until 

expended, for required maintenance, safety and health issues, and 

continued preventative maintenance. 

COUNCIL OF ECONOMIC ADVISERS

SALARIES AND EXPENSES

For necessary expenses of the Council of Economic Advisors in 

carrying out its functions under the Employment Act of 1946 (15 

U.S.C. 1021), $4,502,000. 

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

For necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 

$4,109,000. 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

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

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and 

323

hire of passenger motor vehicles, $82,826,000, of which $20,578,000 

shall remain available until expended for the Capital Investment 

Plan for continued modernization of the information technology infrastructure within the Executive Office of the President. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 and to carry out the provisions of chapter 

35 of title 44, United States Code, $67,159,000, of which not to exceed $3,000 shall be available for official representation expenses: 

Provided, That, as provided in 31 U.S.C. 1301(a), appropriations 

shall be applied only to the objects for which appropriations were 

made except as otherwise provided by law: Provided further, That 

none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under 

the provisions of the Agricultural Marketing Agreement Act of 1937 

(7 U.S.C. 601 et seq.): Provided further, That none of the funds 

made available for the Office of Management and Budget by this 

Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of 

Management and Budget, before the Committees on Appropriations 

or the Committees on Veterans’ Affairs or their subcommittees: Provided further, That the preceding shall not apply to printed hearings released by the Committees on Appropriations or the Committees on Veterans’ Affairs: Provided further, That none of the funds 

appropriated in this Act may be available to pay the salary or expenses of any employee of the Office of Management and Budget 

who calculates, prepares, or approves any tabular or other material 

that proposes the sub-allocation of budget authority or outlays by 

the Committees on Appropriations among their subcommittees. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

For necessary expenses of the Office of National Drug Control 

Policy; for research activities pursuant to the Office of National 

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et 

seq.); not to exceed $10,000 for official reception and representation 

expenses; and for participation in joint projects or in the provision 

of services on matters of mutual interest with nonprofit, research, or 

public organizations or agencies, with or without reimbursement, 

$27,996,500; of which $1,350,000 shall remain available until expended for policy research and evaluation; and $1,500,000 for the 

National Alliance for Model State Drug Laws: Provided, That the 

Office is authorized to accept, hold, administer, and utilize gifts, 

both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office. 

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COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Counterdrug Technology Assessment Center for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 

1701 et seq.), $42,000,000, which shall remain available until expended, consisting of $18,000,000 for counternarcotics research and 

development projects, and $24,000,000 for the continued operation 

of the technology transfer program: Provided, That the $18,000,000 

for counternarcotics research and development projects shall be 

available for transfer to other Federal departments or agencies. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of National Drug Control 

Policy’s High Intensity Drug Trafficking Areas Program, 

$226,350,000, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas, of which no less than 51 percent shall be transferred 

to State and local entities for drug control activities, which shall be 

obligated within 120 days of the date of the enactment of this Act: 

Provided, That up to 49 percent, to remain available until September 30, 2005, may be transferred to Federal agencies and departments at a rate to be determined by the Director, of which not less 

than $2,100,000 shall be used for auditing services and associated 

activities, and at least $500,000 of the $2,100,000 shall be used to 

develop and implement a data collection system to measure the performance of the High Intensity Drug Trafficking Areas Program: 

Provided further, That High Intensity Drug Trafficking Areas Programs designated as of September 30, 2003, shall be funded at no 

less than the fiscal year 2003 initial allocation levels unless the Director submits to the Committees on Appropriations, and the Committees approve, justification for changes in those levels based on 

clearly articulated priorities for the High Intensity Drug Trafficking 

Areas Programs, as well as published Office of National Drug Control Policy performance measures of effectiveness: Provided further, 

That a request shall be submitted to the Committees on Appropriations for approval prior to the obligation of funds of an amount in 

excess of the fiscal year 2004 budget request: Provided further, That 

such request shall be made in compliance with the reprogramming 

guidelines. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For activities to support a national anti-drug campaign for 

youth, and for other purposes, authorized by the Office of National 

Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et 

seq.), $229,000,000, to remain available until expended, of which 

the following amounts are available as follows: $145,000,000 to support a national media campaign, as authorized by the Drug-Free 

325

Media Campaign Act of 1998; $70,000,000 to continue a program 

of matching grants to drug-free communities, of which $1,000,000 

shall be a directed grant to the Community Anti-Drug Coalitions of 

America for the National Community Anti-Drug Coalition Institute, 

as authorized in chapter 2 of the National Narcotics Leadership Act 

of 1988, as amended; $3,000,000 for the Counterdrug Intelligence 

Executive Secretariat; $2,000,000 for evaluations and research related to National Drug Control Program performance measures; 

$1,000,000 for the National Drug Court Institute; $7,200,000 for the 

United States Anti-Doping Agency for anti-doping activities; and 

$800,000 for the United States membership dues to the World AntiDoping Agency: Provided, That such funds may be transferred to 

other Federal departments and agencies to carry out such activities: 

Provided further, That of the amounts appropriated for a national 

media campaign, no less than 78 percent shall be used for the purchase of advertising time and space for the national media 

compaign. 

UNANTICIPATED NEEDS

For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal 

year, as authorized by 3 U.S.C. 108, $1,000,000. 

SPECIAL ASSISTANCE TO THE PRESIDENT AND THE OFFICIAL

RESIDENCE OF THE VICE PRESIDENT

SALARIES AND EXPENSES

For necessary expenses to enable the Vice President to provide 

assistance to the President in connection with specially assigned 

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 

106, including subsistence expenses as authorized by 3 U.S.C. 106, 

which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $4,461,000. 

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For the care, operation, refurnishing, improvement, and to the 

extent not otherwise provided for, heating and lighting, including 

electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 

for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $331,000: Provided, That advances or repayments or transfers from this appropriation may be 

made to any department or agency for expenses of carrying out such 

activities. 

GENERAL PROVISION—EXECUTIVE OFFICE OF THE PRESIDENT

SEC. 301. Section 102 of title 3, United States Code, is amended 

by striking ‘‘, for which expense allowance’’ and all that follows 

through the first period and inserting ‘‘. Any unused amount of such 

expense allowance shall revert to the Treasury pursuant to section 

1552 of title 31, United States Code. No amount of such expense allowance shall be included in the gross income of the President.’’. 

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TITLE IV—INDEPENDENT AGENCIES 

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD

SALARIES AND EXPENSES

For expenses necessary for the Architectural and Transportation 

Barriers Compliance Board, as authorized by section 502 of the Rehabilitation Act of 1973, as amended $5,401,000: Provided, That, 

notwithstanding any other provision of law, there may be credited 

to this appropriation funds received for publications and training 

expenses. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For necessary expenses of the National Transportation Safety 

Board, including hire of passenger motor vehicles and aircraft; services as authorized by 5 U.S.C. 3109, but at rates for individuals not 

to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–

5902) $73,499,000, of which not to exceed $2,000 may be used for 

official reception and representation expenses. 

EMERGENCY FUND

For necessary expenses of the National Transportation Safety Board for accident investigations, $600,000, to remain available 

until expended: Provided, That these funds shall be available only 

to the extent necessary to restore the balance of the emergency fund 

to $2,000,000 (29 U.S.C. 1118 (b)). 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

For necessary expenses of the Committee for Purchase From 

People Who Are Blind or Severely Disabled established by Public 

Law 92–28, $4,725,000. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the Federal 

Election Campaign Act of 1971, as amended, $51,240,000, of which 

no less than $6,389,900 shall be available for internal automated 

data processing systems, of which not to exceed $5,000 shall be 

available for reception and representation expenses, and of which 

$800,000 shall be available for necessary expenses to carry out the 

functions of the Office of Election Administration: Provided, That 

upon the transfer of functions of the Office of Election Administration to the Election Assistance Commission under the provisions of 

title VIII of the Help America Vote Act of 2002, any portion of such 

funds remaining available as of the date of the transfer shall be 

transferred to the Election Assistance Commission for purposes of 

carrying out such functions.

327

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

For necessary expenses to carry out the Help America Vote Act 

of 2002, $1,200,000. 

ELECTION REFORM PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out a program of requirements 

payments to States as authorized by Section 257 of the Help America Vote Act of 2002, $500,000,000: Provided, That no more that 1⁄10

of 1 percent of funds available for requirements payments under 

Section 257 of the Help America Vote Act of 2002 shall be allocated 

to any territory: Provided further, That of the funds made available 

for providing grants to assist State and local efforts to improve election technology and the administration of Federal elections, as authorized by such Act, not to exceed $100,000 shall be transferred to 

the General Services Administration for necessary administrative 

expenses to carry out programs of payments to States as authorized 

by section 257 of such Act. 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Federal 

Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including 

services authorized by 5 U.S.C. 3109, and including hire of experts 

and consultants, hire of passenger motor vehicles, and rental of conference rooms in the District of Columbia and elsewhere, 

$29,611,000: Provided, That public members of the Federal Service 

Impasses Panel may be paid travel expenses and per diem in lieu 

of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation 

as authorized by 5 U.S.C. 3109: Provided further, That notwithstanding 31 U.S.C. 3302, funds received from fees charged to nonFederal participants at labor-management relations conferences 

shall be credited to and merged with this account, to be available 

without further appropriation for the costs of carrying out these conferences. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Federal Maritime Commission as 

authorized by section 201(d) of the Merchant Marine Act, 1936, as 

amended (46 U.S.C. App. 1111), including services as authorized by 

5 U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 

U.S.C. 1343(b); and uniforms or allowances therefore, as authorized 

by 5 U.S.C. 5901–5902, $18,471,000: Provided, That not to exceed 

$2,000 shall be available for official reception and representation 

expenses. 

328

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFERS OF FUNDS)

For an additional amount to be deposited in, and to be used for 

the purposes of, the Fund established pursuant to section 210(f) of 

the Federal Property and Administrative Services Act of 1949, as 

amended (40 U.S.C. 592), $446,000,000. The revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection 

of federally owned and leased buildings; rental of buildings in the 

District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, 

demolition, and equipment; acquisition of buildings and sites by 

purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $6,758,208,000, of which: (1) $708,268,000 shall remain available until expended for construction (including funds for 

sites and expenses and associated design and construction services) 

of additional projects at the following locations: 

New Construction: 

Alabama: 

Anniston, United States Courthouse, $4,400,000

Tuscaloosa, Federal Building, $7,500,000 

California: 

Los Angeles, United States Courthouse, 

$50,000,000

San Diego, Border Station, $34,211,000 

Colorado: 

Denver Federal Center, site remediation, 

$6,000,000

District of Columbia: 

Department of Transportation Headquarters, 

$42,000,000

Florida: 

Orlando, United States Courthouse, $7,200,000

Georgia: 

Atlanta, Tuttle Building Annex, $10,600,000

Maine: 

Jackman, Border Station, $7,712,000 

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Maryland: 

Montgomery County, Food and Drug Administra- tion Consolidation, $42,000,000 

Suitland, United States Census Bureau, 

$146,451,000

Michigan: 

Detroit, Ambassador Bridge Border Station, $25,387,000 

New York: 

Champlain, Border Station, $31,031,000 

North Carolina:

Charlotte, United States Courthouse, $8,500,000

Ohio: 

Toledo, United States Courthouse, $6,500,000

Pennsylvania: 

Harrisburg, United States Courthouse, $26,000,000 

South Carolina: 

Greenville, United States Courthouse, $11,000,000

Texas: 

Del Rio, Border Station, $23,966,000 

Eagle Pass, Border Station, $31,980,000 

Houston, Federal Bureau of Investigation, $58,080,000 

McAllen, Border Station, $17,938,000 

San Antonio, United States Courthouse, 

$8,000,000

Virginia: Richmond, United States Courthouse, $83,000,000

Washington: Blaine, Border Station, $9,812,000

Nonprospectus Construction, $9,000,000: 

Provided, That each of the foregoing limits of costs on new construction projects may be exceeded to the extent that savings are effected 

in other such projects, but not to exceed 10 percent of the amounts 

included in an approved prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a 

greater amount: Provided further, That all funds for direct construction projects shall expire on September 30, 2005, and remain 

in the Federal Buildings Fund except for funds for projects as to 

which funds for design or other funds have been obligated in whole 

or in part prior to such date; (2) $991,300,000 shall remain available until expended for repairs and alterations, which includes associated design and construction services: 

Repairs and Alterations: 

Colorado: 

Denver, Byron G. Rogers Federal Building—Courthouse, $39,436,000 

District of Columbia: 

320 First Street, $7,485,000 

Eisenhower Executive Office Building, $65,757,000

Federal Office Building 8, $134,872,000 

Main Interior Building, $15,603,000 

Fire & Life Safety, $68,188,000 

Georgia: 

330

Atlanta, Richard B. Russell Federal Building, $32,173,000 

Illinois: 

Chicago, Dirksen Courthouse & Kluczynski Fed- eral Building, $24,056,000 

Springfield, Paul H. Findley Federal Building— Courthouse, $6,183,000 

Indiana: 

Terre Haute Federal Building—Post Office, $4,600,000

Massachusetts: 

Boston, John W. McCormack Post Office and Courthouse, $73,037,000 

New York: 

Brooklyn, Emanuel Celler Courthouse, $65,511,000

North Dakota: 

Fargo, Federal Building—Post Office, $5,801,000

Ohio: 

Columbus, John W. Bricker Federal Building, $10,707,000 

Washington: 

Auburn, Building 7, Auburn Federal Building, $18,315,000 

Bellingham, Federal Building, $2,610,000

Seattle, Henry M. Jackson Federal Building, $6,868,000 

Special Emphasis Programs: Chlorofluorocarbons Program, $5,000,000 

Energy Program, $5,000,000 

Glass Fragmentation Program, $20,000,000 Design Program, $41,462,000: 

Provided further, That funds made available in any previous Act in 

the Federal Buildings Fund for Repairs and Alterations shall, for 

prospectus projects, be limited to the amount identified for each 

project, except each project in any previous Act may be increased by 

an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: 

Provided further, That additional projects for which prospectuses 

have been fully approved may be funded under this category only 

if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any 

prior Act for ‘‘Repairs and Alterations’’ may be used to fund costs 

associated with implementing security improvements to buildings 

necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming 

guidelines of the appropriate Committees of the House and Senate: 

Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under 

the heading ‘‘Repairs and Alterations’’, may be transferred to Basic 

Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2005 and 

remain in the Federal Buildings Fund except funds for projects as 

to which funds for design or other funds have been obligated in 

whole or in part prior to such date: Provided further, That the 

331

amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising 

from any projects under the heading ‘‘Repairs and Alterations’’ or 

used to fund authorized increases in prospectus projects: Provided 

further, That the funds available herein for repairs to the Bellingham, Washington, Federal Building, shall be available for 

transfer to the city of Bellingham, Washington, subject to disposal 

of the building to the city; (3) $169,745,000 for installment acquisition payments including payments on purchase contracts which 

shall remain available until expended; (4) $3,280,187,000 for rental 

of space which shall remain available until expended; and (5) 

$1,608,708,000 for building operations which shall remain available until expended: Provided further, That funds available to the 

General Services Administration shall not be available for expenses 

of any construction, repair, alteration and acquisition project for 

which a prospectus, if required by the Public Buildings Act of 1959, 

as amended, has not been approved, except that necessary funds 

may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds 

available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to 

provide reimbursable special services to other agencies under section 

210(f)(6) of the Federal Property and Administrative Services Act of 

1949, as amended (40 U.S.C. 592(b)(2)) and amounts to provide 

such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or 

control as may be appropriate to enable the United States Secret 

Service to perform its protective functions pursuant to 18 U.S.C. 

3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2004, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) in excess of 

$6,717,208,000 shall remain in the Fund and shall not be available 

for expenditure except as authorized in appropriations Acts. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

For expenses authorized by law, not otherwise provided for, for 

Government-wide policy and evaluation activities associated with 

the management of real and personal property assets and certain 

administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information 

technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109, $56,383,000. 

OPERATING EXPENSES

For expenses authorized by law, not otherwise provided for, for 

Government-wide activities associated with utilization and donation 

of surplus personal property; disposal of real property; telecommunications, information technology management, and related technology activities; providing Internet access to Federal information 

and services; agency-wide policy direction and management, and 

332

Board of Contract Appeals; accounting, records management, and 

other support services incident to adjudication of Indian Tribal 

Claims by the United States Court of Federal Claims; services as 

authorized by 5 U.S.C. 3109; and not to exceed $7,500 for official 

reception and representation expenses, $88,110,000. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General and services authorized by 5 U.S.C. 3109, $39,169,000: Provided, That 

not to exceed $15,000 shall be available for payment for information 

and detection of fraud against the Government, including payment 

for recovery of stolen Government property: Provided further, That 

not to exceed $2,500 shall be available for awards to employees of 

other Federal agencies and private citizens in recognition of efforts 

and initiatives resulting in enhanced Office of Inspector General effectiveness. 

ELECTRONIC GOVERNMENT (E-GOV) FUND

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses in support of interagency projects that 

enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation 

of innovative uses of the Internet and other electronic methods, 

$3,000,000, to remain available until expended: Provided, That 

these funds may be transferred to Federal agencies to carry out the 

purposes of the Fund: Provided further, That this transfer authority 

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

Act: Provided further, That such transfers may not be made until 

10 days after a proposed spending plan and justification for each 

project to be undertaken has been submitted to the Committees on 

Appropriations. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

(INCLUDING TRANSFER OF FUNDS)

For carrying out the provisions of the Act of August 25, 1958, 

as amended (3 U.S.C. 102 note), and Public Law 95–138, 

$3,393,000: Provided, That the Administrator of General Services 

shall transfer to the Secretary of the Treasury such sums as may 

be necessary to carry out the provisions of such Acts. 

GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

SEC. 401. The appropriate appropriation or fund available to 

the General Services Administration shall be credited with the cost 

of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129). 

SEC. 402. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.

SEC. 403. Funds in the Federal Buildings Fund made available 

for fiscal year 2004 for Federal Buildings Fund activities may be 

transferred between such activities only to the extent necessary to 

meet program requirements: Provided, That any proposed transfers 

shall be approved in advance by the Committees on Appropriations. 

333

SEC. 404. No funds made available by this Act shall be used 

to transmit a fiscal year 2005 request for United States Courthouse 

construction that: (1) does not meet the design guide standards for 

construction as established and approved by the General Services 

Administration, the Judicial Conference of the United States, and 

the Office of Management and Budget; and (2) does not reflect the 

priorities of the Judicial Conference of the United States as set out 

in its approved 5-year construction plan: Provided, That the fiscal 

year 2005 request must be accompanied by a standardized courtroom utilization study of each facility to be constructed, replaced, or 

expanded. 

SEC. 405. None of the funds provided in this Act may be used 

to increase the amount of occupiable square feet, provide cleaning 

services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does 

not pay the rate per square foot assessment for space and services 

as determined by the General Services Administration in compliance with the Public Buildings Amendments Act of 1972 (Public 

Law 92–313). 

SEC. 406. Funds provided to other Government agencies by the 

Information Technology Fund, General Services Administration, 

under section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757) and sections 5124(b) and 5128 of 

the Clinger-Cohen Act of 1996 (40 U.S.C. 1424(b) and 1428), for 

performance of pilot information technology projects which have potential for Government-wide benefits and savings, may be repaid to 

this Fund from any savings actually incurred by these projects or 

other funding, to the extent feasible. 

SEC. 407. From funds made available under the heading ‘‘Federal Buildings Fund, Limitations on Availability of Revenue’’, 

claims against the Government of less than $250,000 arising from 

direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with 

prior notification to the Committees on Appropriations. 

SEC. 408. (a) Notwithstanding any other provision of law, the 

Administrator of General Services is authorized to acquire, under 

such terms and conditions as he deems to be in the interests of the 

United States, approximately 27 acres of land, identified as Site 7 

and located at 234 Corporate Drive, Pease International Tradeport, 

Portsmouth, NH 03801, as a site for the public building needs of the 

Federal Government, and to design and construct upon the site a 

new Federal Office Building of approximately 98,000 gross square 

feet: Provided, That the Administrator shall not acquire any property under this subsection until the Administrator determines that 

the property is in compliance with applicable environmental laws, 

and that the property is suitable and available for use as a site to 

house the Federal agencies presently located in the Thomas J. McIntyre Federal Building. 

(b) For the site acquisition, design, construction, and relocation, 

$11,149,000 shall be available from funds previously provided 

under the heading ‘‘General Services Administration, Real Property 

Activities, Federal Buildings Fund’’ in Public Law 108–7 for repairs 

and alterations to the Thomas J. McIntyre Federal Building in 

Portsmouth, New Hampshire, which was included in the plan for 

334

expenditure of repairs and alterations funds as required by accompanying House Report 108–10. 

(c) For any additional costs of construction, management and 

inspection of the new facility to house the Federal agencies relocated 

from the McIntyre Federal Office Building, and for the costs of relocating the Federal agencies occupying the McIntyre Federal Office 

Building, $13,669,000 shall be deposited into the Federal Buildings 

Fund (40 U.S.C. 592) from the General Fund; which amount, together with the amount set forth in subsection (b) of this section 

shall remain available until expended and shall be subject to such 

escalation and reprogramming authorities available to the Administrator for any other new construction projects under the heading 

‘‘Federal Building Fund Limitations on Availability of Revenue’’. 

(d) The Administrator is authorized and directed to convey, 

without consideration, the Thomas J. McIntyre Federal Office 

Building to the City of Portsmouth, New Hampshire for economic 

development purposes subject to the following conditions: (i) that all 

Federal agencies currently occupying the McIntyre Building except 

the United States Postal Service are completely relocated to the new 

Federal Building for so long as those agencies have continuing mission needs for that new location, (ii) that the requirements of the 

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.) 

shall not apply to this conveyance; and (iii) that the Administrator 

may include in the conveyance documents such terms and conditions as the Administrator determines in the best interest of the 

United States. 

SEC. 409. (a) The Administrator of General Services shall carry 

out the authority of the Election Assistance Commission to make 

election assistance payments under subtitle D of title II of the Help 

America Vote Act of 2002, including the authority under such subtitle to receive statements and applications from entities seeking 

such payments and reports from entities receiving such payments. 

(b) The authority of the Administrator of General Services 

under subsection (a) shall apply with respect to amounts appropriated for fiscal year 2004 and amounts appropriated for fiscal 

year 2003 which remain unobligated and unexpended at the end of 

fiscal year 2003, except that this authority shall expire upon the earlier of—

(1) the expiration of the 3-month period which begins on 

the date on which all members of the Election Assistance Commission are appointed; or 

(2) June 30, 2004. 

(c) Upon the appointment of all members of the Election Assistance Commission, the Administrator of General Services shall 

transmit to the Commission all statements, applications, and reports received by the Administrator in carrying out this section. 

SEC. 410. None of the funds made available in this Act may be 

used by the General Services Administration to establish a quick response team processing center on East Brainerd Road in Chattanooga, Tennessee. 

SEC. 411. COMPLETION OF LAND CONVEYANCE, SAN JOAQUIN

COUNTY, CALIFORNIA. Section 140 of division C of Public Law 105–

277 (112 Stat. 2681–599), as amended by section 3034 of the 1999 

Emergency Supplemental Appropriations Act (Public Law 106–31; 

113 Stat. 104), is amended—

335

(1) in subsection (a)—

(A) in the first sentence, by striking ‘‘Attorney General’’ 

and inserting ‘‘Administrator of General Services, on behalf 

of the Attorney General,’’; 

(B) in the second sentence, by striking ‘‘Attorney General’’ and inserting ‘‘Administrator’’; and 

(C) in the second sentence, by striking ‘‘not later than 

August 21, 1999’’ and inserting ‘‘as soon as practicable’’; 

(2) in subsection (b), by striking ‘‘Attorney General’’ and inserting ‘‘Administrator’’; 

(3) in subsection (c)(1)—

(A) in the first sentence, by striking ‘‘as the location’’ 

and all that follows through ‘‘other educational purposes’’ 

and inserting ‘‘for educational or recreational purposes’’; 

and 

(B) by striking the second sentence; 

(4) in subsection (c)(2), by striking ‘‘Attorney General’’ and 

inserting ‘‘Administrator’’; 

(5) in subsection (d), by striking paragraph (2) and inserting the following new paragraph: 

‘‘(2) The use of the real property conveyed under subsection (a) 

for recreational purposes, as provided in subsection (c), shall be subject to the approval of the Secretary of the Interior.’’; 

(6) in subsection (e)—

(A) in paragraph (1), by striking ‘‘If the Secretary’’ and 

all that follows through ‘‘not being used’’ and inserting ‘‘If 

a portion of the real property conveyed under subsection (a) 

is used for educational purposes, as provided in subsection 

(c), and the Secretary of Education determines that such 

portion is no longer being used’’; and 

(B) in paragraph (2), by striking ‘‘as a public park or 

for other recreational purposes’’ and inserting ‘‘for recreational purposes’’; and 

(7) in subsection (f), by striking ‘‘Attorney General’’ and inserting ‘‘Administrator’’. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 

2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in 

the District of Columbia and elsewhere, hire of passenger motor vehicles, and direct procurement of survey printing, $32,877,000 together with not to exceed $2,626,000 for administrative expenses to 

adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the 

Merit Systems Protection Board. 

336

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY FOUNDATION

MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL

ENVIRONMENTAL POLICY TRUST FUND

For payment to the Morris K. Udall Scholarship and Excellence 

in National Environmental Policy Trust Fund, pursuant to the Morris K. Udall Scholarship and Excellence in National Environmental 

and Native American Public Policy Act of 1992 (20 U.S.C. 5601 et 

seq.), $1,996,000, to remain available until expended of which up to 

$50,000 shall be used to conduct financial audits pursuant to the 

Accountability of Tax Dollars Act of 2002 (Public Law 107–289) notwithstanding sections 8 and 9 of Public Law 102–259: Provided, 

That up to 60 percent of such funds may be transferred by the Morris K. Udall Scholarship and Excellence in National Environmental 

Policy Foundation for the necessary expenses of the Native Nations 

Institute. 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

For payment to the Environmental Dispute Resolution Fund to 

carry out activities authorized in the Environmental Policy and 

Conflict Resolution Act of 1998, $1,309,000, to remain available 

until expended. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For necessary expenses in connection with the administration of 

the National Archives and Records Administration (including the 

Information Security Oversight Office) and archived Federal records 

and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, and for the 

hire of passenger motor vehicles, $256,700,000: Provided, That the 

Archivist of the United States is authorized to use any excess funds 

available from the amount borrowed for construction of the National Archives facility, for expenses necessary to provide adequate 

storage for holdings: Provided further, That, of the funds provided 

in this paragraph, $600,000 shall be for the preservation of the 

records of the Freedmen’s Bureau. 

ELECTRONIC RECORDS ARCHIVE

For necessary expenses in connection with the development of 

an electronic records archive, to include all direct project costs associated with research, analysis, design, development, and program 

management, $35,914,000, of which $22,000,000 shall remain available until September 30, 2006. 

REPAIRS AND RESTORATION

For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $13,708,000, to 

remain available until expended, of which $500,000 is for the Military Personnel Records Center requirements study, of which 

$2,250,000 is for land acquisition for a site in Anchorage, Alaska 

to construct a new regional archives and records facility and of 

337

which $5,000,000 is for the repair and restoration of the plaza that 

surrounds the Lyndon Baines Johnson Presidential Library and 

that is under the joint control and custody of the University of 

Texas: Provided, That such funds may be transferred directly to the 

University and used, together with University funds, for repair and 

restoration of the plaza and remain available until expended for 

this purpose: Provided further, That the same transfer authority 

shall extend to funds previously appropriated in Public Law 108–

7 for this purpose.

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION

GRANTS PROGRAM

For necessary expenses for allocations and grants for historical 

publications and records as authorized by 44 U.S.C. 2504, as 

amended, $10,000,000, to remain available until expended. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office of 

Government Ethics pursuant to the Ethics in Government Act of 

1978, as amended and the Ethics Reform Act of 1989, including 

services as authorized by 5 U.S.C. 3109, rental of conference rooms 

in the District of Columbia and elsewhere, hire of passenger motor 

vehicles, and not to exceed $1,500 for official reception and representation expenses, $10,738,000. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses to carry out functions of the Office of 

Personnel Management pursuant to Reorganization Plan Numbered 

2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of 

conference rooms in the District of Columbia and elsewhere; hire of 

passenger motor vehicles; not to exceed $2,500 for official reception 

and representation expenses; advances for reimbursements to applicable funds of the Office of Personnel Management and the Federal 

Bureau of Investigation for expenses incurred under Executive 

Order No. 10422 of January 9, 1953, as amended; and payment of 

per diem and/or subsistence allowances to employees where Voting 

Rights Act activities require an employee to remain overnight at his 

or her post of duty, $119,498,000, of which $2,000,000 shall remain 

available until expended for the cost of the enterprise human resources integration project, and $2,500,000 shall remain available 

until expended for the cost of leading the government-wide initiative 

to modernize the Federal payroll systems and service delivery and 

$2,500,000 shall remain available through September 30, 2005 to 

coordinate and conduct program evaluation and performance measurement; and in addition $135,914,000 for administrative expenses, 

to be transferred from the appropriate trust funds of the Office of 

338

Personnel Management without regard to other statutes, including 

direct procurement of printed materials, for the retirement and insurance programs, of which $36,700,000 shall remain available 

until expended for the cost of automating the retirement recordkeeping systems: Provided, That the provisions of this appropriation 

shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and 

(2)(A) of title 5, United States Code: Provided further, That no part 

of this appropriation shall be available for salaries and expenses of 

the Legal Examining Unit of the Office of Personnel Management 

established pursuant to Executive Order No. 9358 of July 1, 1943, 

or any successor unit of like purpose: Provided further, That the 

President’s Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 

2004, accept donations of money, property, and personal services in 

connection with the development of a publicity brochure to provide 

information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act, as amended, 

including services as authorized by 5 U.S.C. 3109, hire of passenger 

motor vehicles, $1,498,000, and in addition, not to exceed 

$14,427,000 for administrative expenses to audit, investigate, and 

provide other oversight of the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEES HEALTH

BENEFITS

For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States 

Code, and the Retired Federal Employees Health Benefits Act (74 

Stat. 849), as amended, such sums as may be necessary. 

GOVERNMENT PAYMENT FOR ANNUITANTS, EMPLOYEE LIFE

INSURANCE

For payment of Government contributions with respect to employees retiring after December 31, 1989, as required by chapter 87 

of title 5, United States Code, such sums as may be necessary. 

PAYMENT TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND

For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special Acts to be 

credited to the Civil Service Retirement and Disability Fund, such 

339

sums as may be necessary: Provided, That annuities authorized by 

the Act of May 29, 1944, as amended, and the Act of August 19, 

1950, as amended (33 U.S.C. 771–775), may hereafter be paid out 

of the Civil Service Retirement and Disability Fund. 

HUMAN CAPITAL PERFORMANCE FUND

(INCLUDING TRANSFER OF FUNDS)

For a human capital performance fund, $1,000,000: Provided, 

That such amount shall not be available for obligation or transfer 

until enactment of legislation that establishes a human capital performance fund within the Office of Personnel Management: Provided further, That such amounts as determined by the Director of 

the Office of Personnel Management may be transferred to Federal 

agencies to carry out the purposes of this fund as authorized: Provided further, That no funds shall be available for obligation or 

transfer to any Federal agency until the Director has notified the 

relevant subcommittees of jurisdiction of the Committees on Appropriations of the approval of a performance pay plan for that agency, 

and the prior approval of such subcommittees has been attained. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

For necessary expenses to carry out functions of the Office of 

Special Counsel pursuant to Reorganization Plan Numbered 2 of 

1978, the Civil Service Reform Act of 1978 (Public Law 95–454), as 

amended, the Whistleblower Protection Act of 1989 (Public Law 

101–12), as amended, Public Law 103–424, and the Uniformed 

Services Employment and Reemployment Act of 1994 (Public Law 

103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms 

in the District of Columbia and elsewhere, and hire of passenger 

motor vehicles; $13,504,000. 

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For payment to the Postal Service Fund for revenue forgone on 

free and reduced rate mail, pursuant to subsections (c) and (d) of 

section 2401 of title 39, United States Code, $65,521,000, of which 

$36,521,000 shall not be available for obligation until October 1, 

2004: Provided, That mail for overseas voting and mail for the 

blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the 

1983 level: Provided further, That none of the funds made available 

to the Postal Service by this Act shall be used to implement any 

rule, regulation, or policy of charging any officer or employee of any 

State or local child support enforcement agency, or any individual 

participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds 

provided in this Act shall be used to consolidate or close small rural 

and other small post offices in fiscal year 2004. 

340

UNITED STATES TAX COURT

SALARIES AND EXPENSES

For necessary expenses, including contract reporting and other 

services as authorized by 5 U.S.C. 3109, $40,187,000: Provided, 

That travel expenses of the judges shall be paid upon the written 

certificate of the judge. 

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

For necessary expenses of the White House Commission on the 

National Moment of Remembrance, $250,000. 

TITLE V—GENERAL PROVISIONS 

THIS ACT

(INCLUDING TRANSFERS OF FUNDS)

SEC. 501. During the current fiscal year applicable appropriations to the Department of Transportation shall be available for 

maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles 

operating in foreign countries on official department business; and 

uniforms, or allowances therefor, as authorized by law (5 U.S.C. 

5901–5902). 

SEC. 502. Such sums as may be necessary for fiscal year 2004 

pay raises for programs funded in this Act shall be absorbed within 

the levels appropriated in this Act or previous appropriations Acts. 

SEC. 503. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized 

by 5 U.S.C. 3109, but at rates for individuals not to exceed the per 

diem rate equivalent to the rate for an Executive Level IV. 

SEC. 504. None of the funds in this Act shall be available for 

salaries and expenses of more than 106 political and Presidential 

appointees in the Department of Transportation: Provided, That 

none of the personnel covered by this provision may be assigned on 

temporary detail outside the Department of Transportation. 

SEC. 505. None of the funds in this Act shall be used for the 

planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or 

adjudicatory proceedings funded in this Act. 

SEC. 506. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor 

may any be transferred to other appropriations, unless expressly so 

provided herein. 

SEC. 507. The expenditure of any appropriation under this Act 

for any consulting service through procurement contract pursuant to 

section 3109 of title 5, United States Code, shall be limited to those 

contracts where such expenditures are a matter of public record and 

available for public inspection, except where otherwise provided 

under existing law, or under existing Executive order issued pursuant to existing law. 

SEC. 508. None of the funds in this Act shall be used to implement section 404 of title 23, United States Code. 

341

SEC. 509. (a) No recipient of funds made available in this Act 

shall disseminate personal information (as defined in 18 U.S.C. 

2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721 for a use permitted under 18 

U.S.C. 2721. 

(b) Notwithstanding subsection (a), the Secretary shall not 

withhold funds provided in this Act for any grantee if a State is in 

noncompliance with this provision. 

SEC. 510. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be 

credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit Administration’s 

‘‘Transit Planning and Research’’ account, and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for 

State rail safety inspectors participating in training pursuant to 49 

U.S.C. 20105. 

SEC. 511. Notwithstanding any other provision of law, rule or 

regulation, the Secretary of Transportation is authorized to allow 

the issuer of any preferred stock heretofore sold to the Department 

to redeem or repurchase such stock upon the payment to the Department of an amount determined by the Secretary. 

SEC. 512. None of the funds in title I of this Act may be used 

to make a grant unless the Secretary of Transportation notifies the 

House and Senate Committees on Appropriations not less than 3 

full business days before any discretionary grant award, letter of intent, or full funding grant agreement totaling $1,000,000 or more is 

announced by the department or its modal administrations from: (1) 

any discretionary grant program of the Federal Highway Administration other than the emergency relief program; (2) the airport improvement program of the Federal Aviation Administration; or (3) 

any program of the Federal Transit Administration other than the 

formula grants and fixed guideway modernization programs: Provided, That no notification shall involve funds that are not available for obligation. 

SEC. 513. For the purpose of any applicable law, for fiscal year 

2004, the city of Norman, Oklahoma, shall be considered to be part 

of the Oklahoma City Transportation Management Area. 

SEC. 514. None of the funds in title I of this Act may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming 

process for Congressional notification. 

SEC. 515. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government, except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 516. Rebates, refunds, incentive payments, minor fees and 

other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of 

342

building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to 

elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 

SEC. 517. Funds provided in this Act for the Working Capital Fund shall be reduced by $17,816,000, which limits fiscal year 2004 

Working Capital Fund obligational authority for elements of the Department of Transportation funded in this Act to no more than 

$98,899,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to 

each appropriations account in proportion to the amount included 

in each account for the Working Capital Fund. 

SEC. 518. Amounts made available in this or any other Act that 

the Secretary determines represent improper payments by the Department of Transportation to a third party contractor under a financial assistance award, which are recovered pursuant to law, 

shall be available—

(1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments; and 

(2) to pay contractors for services provided in recovering 

improper payments: Provided, That amounts in excess of that 

required for paragraphs (1) and (2)—

(A) shall be credited to and merged with the appropriation from which the improper payments were made, and 

shall be available for the purposes and period for which 

such appropriations are available; or 

(B) if no such appropriation remains available, shall 

be deposited in the Treasury as miscellaneous receipts: Provided, That prior to the transfer of any such recovery to an 

appropriations account, the Secretary shall notify the 

House and Senate Committees on Appropriations of the 

amount and reasons for such transfer: Provided further, 

That for purposes of this section, the term ‘‘improper payments’’, has the same meaning as that provided in section 

2(d)(2) of Public Law 107–300. 

SEC. 519. The Secretary of Transportation is authorized to 

transfer the unexpended balances available for the bonding assistance program from ‘‘Office of the Secretary, Salaries and expenses’’ 

to ‘‘Minority Business Outreach’’. 

SEC. 520. None of the funds made available by this Act shall 

be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a 

Government employee would result in a decision, determination, 

rule, regulation, or policy that would prohibit the enforcement of 

section 307 of the Tariff Act of 1930. 

SEC. 521. (a) IN GENERAL.—The Secretary of Transportation—

(1) shall, without regard to any fiscal year limitation, 

maintain in full force and effect the restrictions imposed under 

Federal Aviation Administration Notices to Airmen FDC

3/2122, FDC 3/2123, and FDC 2/0199; and 

(2) may not grant any waivers or exemptions from such restrictions, except—

(A) as authorized by air traffic control for operational 

or safety purposes; 

(B) with respect to an event, stadium, or other venue—

343

(i) for operational purposes; 

(ii) for the transport of team members, officials of 

the governing body, and immediate family members 

and guests of such team members and officials to and 

from such event, stadium, or venue; 

(iii) in the case of a sporting event, for the transport of equipment or parts to and from such sporting 

event; 

(iv) to permit a broadcast rights holder to provide 

broadcast coverage of such event, stadium, or venue; 

and 

(v) for safety and security purposes related to such 

event, stadium, or venue; and 

(C) to allow the operation of an aircraft in restricted 

airspace to the extent necessary to arrive at or depart from 

an airport using standard air traffic control procedures. 

(b) LIMITATIONS ON USE OF FUNDS.—None of the funds appropriated or otherwise made available by title I of this Act may be obligated or expended to terminate or limit the restrictions imposed 

under the Federal Aviation Administration Notices to Airmen referred to in subsection (a), or to grant waivers of, or exemptions 

from, such restrictions except as provided under subsection (a)(2). 

(c) BROADCAST CONTRACTS NOT AFFECTED.—Nothing in this 

section shall be construed to affect contractual rights pertaining to 

any broadcasting agreement. 

SEC. 522. No part of any appropriation contained in this Act 

shall be available to pay the salary for any person filling a position, 

other than a temporary position, formerly held by an employee who 

has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, 

and has within 90 days after his release from such service or from 

hospitalization continuing after discharge for a period of not more 

than 1 year, made application for restoration to his former position 

and has been certified by the Office of Personnel Management as 

still qualified to perform the duties of his former position and has 

not been restored thereto. 

SEC. 523. No funds appropriated pursuant to this Act may be 

expended by an entity unless the entity agrees that in expending the 

assistance the entity will comply with sections 2 through 4 of the Act 

of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the ‘‘Buy 

America Act’’). 

SEC. 524. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND

PRODUCTS.—Hereafter, in the case of any equipment or products 

that may be authorized to be purchased with financial assistance 

provided under this Act, it is the sense of the Congress that entities 

receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. 

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the Secretary of the Treasury 

shall provide to each recipient of the assistance a notice describing 

the statement made in subsection (a) by the Congress.

SEC. 525. Hereafter, if it has been finally determined by a court 

or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription, or any inscription with the 

same meaning, to any product sold in or shipped to the United 

344

States that is not made in the United States, such person shall be 

ineligible to receive any contract or subcontract made with funds 

provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 

through 9.409 of title 48, Code of Federal Regulations. 

SEC. 526. Except as otherwise specifically provided by law, not 

to exceed 50 percent of unobligated balances remaining available at 

the end of fiscal year 2004 from appropriations made available for 

salaries and expenses for fiscal year 2004 in this Act, shall remain 

available through September 30, 2005, for each such account for the 

purposes authorized: Provided, That a request shall be submitted to 

the Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be 

made in compliance with reprogramming guidelines. 

SEC. 527. None of the funds made available in this Act may be 

used by the Executive Office of the President to request from the 

Federal Bureau of Investigation any official background investigation report on any individual, except when—

(1) such individual has given his or her express written 

consent for such request not more than 6 months prior to the 

date of such request and during the same presidential administration; or 

(2) such request is required due to extraordinary circumstances involving national security. 

SEC. 528. The cost accounting standards promulgated under 

section 26 of the Office of Federal Procurement Policy Act (Public 

Law 93–400; 41 U.S.C. 422) shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code. 

SEC. 529. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area 

cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on 

unanticipated travel expenses imposed in an Appropriations Act) 

funds made available to the Office pursuant to court approval. 

SEC. 530. No funds appropriated or otherwise made available 

under this Act shall be made available to any person or entity that 

has been convicted of violating the Buy American Act (41 U.S.C. 

10a–10c). 

SEC. 531. No funds appropriated by this Act shall be available 

to pay for an abortion, or the administrative expenses in connection 

with any health plan under the Federal employees health benefits 

program which provides any benefits or coverage for abortions. 

SEC. 532. The provision of section 531 shall not apply where the 

life of the mother would be endangered if the fetus were carried to 

term, or the pregnancy is the result of an act of rape or incest. 

SEC. 533. None of the funds provided in this Act, provided by 

previous appropriations Acts to the agencies or entities funded in 

this Act that remain available for obligation or expenditure in fiscal 

year 2004, or provided from any accounts in the Treasury derived 

by the collection of fees and available to the agencies funded by this 

Act, shall be available for obligation or expenditure through a reprogramming of funds that—

(1) creates a new program; 

(2) eliminates a program, project, or activity; 

345

(3) increases funds for any program, project, or activity for 

which funds have been denied or restricted by the Congress; 

(4) proposes to use funds directed for a specific activity by 

either the House or Senate Committees on Appropriations for a 

different purpose; 

(5) augments existing programs, projects, or activities in ex- cess of $5,000,000 or 10 percent, whichever is greater; or 

(6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is greater, 

unless prior approval is received from the House and Senate Committees on Appropriations. 

SEC. 534. None of the funds made available in this Act may be 

used to require a State or local government to post a traffic control 

device or variable message sign, or any other type of traffic warning 

sign, in a language other than English, except with respect to the 

names of cities, streets, places, events, or signs related to an international border. 

SEC. 535. EXEMPTION FROM LIMITATIONS ON PROCUREMENT OF

FOREIGN INFORMATION TECHNOLOGY THAT IS A COMMERCIAL

ITEM.—(a) EXEMPTION.—In order to promote Government access to 

commercial information technology, the restriction on purchasing 

nondomestic articles, materials, and supplies set forth in the Buy 

American Act (41 U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code, that is a commercial item (as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)). 

(b) DEFINITION.—Section 11101(6) of title 40, United States 

Code, is amended—

(1) in subparagraph (A), by inserting after ‘‘storage,’’ the 

following: ‘‘analysis, evaluation,’’; and 

(2) in subparagraph (B), by striking ‘‘ancillary equipment,’’ 

and inserting ‘‘ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security 

and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer,’’. 

SEC. 536. It is the sense of the House of Representatives that 

empowerment zones within cities should have the necessary flexibility to expand to include relevant communities so that empowerment zone benefits are equitably distributed. 

SEC. 537. It is the sense of the House of Representatives that all 

census tracts contained in an empowerment zone, either fully or partially, should be equitably accorded the same benefits. 

SEC. 538. None of the funds made available in this Act may be 

used to finalize, implement, administer, or enforce—

(1) the proposed rule relating to the determination that real 

estate brokerage is an activity that is financial in nature or incidental to a financial activity published in the Federal Register 

on January 3, 2001 (66 Fed. Reg. 307 et seq.); or 

(2) the revision proposed in such rule to section 1501.2 of 

title 12 of the Code of Federal Regulations. 

SEC. 539. It is the sense of Congress that, after proper documentation, justification, and review, the Department of Transportation should consider programs to reimburse general aviation 

ground support services at Ronald Reagan Washington National 

346

Airport, and airports located within fifteen miles of Ronald Reagan 

Washington National Airport, for their financial losses due to Government actions after the terrorist attacks of September 11, 2001. 

SEC. 540. It is the sense of the House of Representatives that 

public private partnerships (PPPs) could help eliminate some of the 

cost drivers behind complex, capital-intensive highway and transit 

projects. The House of Representatives encourages the Secretary of 

Transportation to apply available funds to select projects that are 

in the development phase, eligible under title 23 and title 49, United 

States Code, except 23 U.S.C. 133(b)(8), and that employ a PPP 

strategy. 

SEC. 541. Section 414(h) of title 39, United States Code, is 

amended by striking ‘‘2003’’ and inserting ‘‘2005’’. 

SEC. 542. None of the funds in title I of this Act may be used 

to adopt rules or regulations concerning travel agent service fees unless the Department of Transportation publishes in the Federal Register revisions to the proposed rule and provides a period for additional public comment on such proposed rule for a period not less 

than 60 days. 

SEC. 543. (a) Section 103 of the Presidential Recordings and 

Materials Preservation Act (Public Law 93–526; 44 U.S.C. 2111 

note) is amended by striking the second sentence and inserting the 

following: ‘‘The Archivist may transfer such recordings and materials to a Presidential archival depository in accordance with section 2112 of title 44, United States Code.’’. 

(b) Nothing in section 103 of the Presidential Recordings and 

Materials Preservation Act (Public Law 93–526; 44 U.S.C. 2111 

note), as amended by subsection (a), may be construed as affecting 

public access to the recordings and materials referred to in that section as provided in regulations promulgated pursuant to section 104 

of such Act. 

SEC. 544. AMENDMENTS TO OKLAHOMA CITY NATIONAL MEMO- RIAL ACT OF 1997. (a) SHORT TITLE.—This section may be cited as 

the ‘‘Oklahoma City National Memorial Act Amendments of 2003’’. 

(b) FOUNDATION DEFINED; CONFORMING AMENDMENT.—Section 

3 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 

450ss–1) is amended—

(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; 

(2) by inserting immediately preceding paragraph (2) (as so 

redesignated by paragraph (1) of this subsection) the following 

new paragraph: 

‘‘(1) FOUNDATION.—The term ‘Foundation’ means the Oklahoma City National Memorial Foundation, a not-for-profit corporation that is—

‘‘(A) described in section 501(c)(3) of the Internal Revenue Code of 1986; 

‘‘(B) exempt from taxation under section 501(a) of such 

Code; and 

‘‘(C) dedicated to the support of the Memorial.’’; and 

(3) in paragraph (3), by striking ‘‘designated under section 

5(a)’’. 

(c) ADMINISTRATION OF MEMORIAL BY FOUNDATION.—Section 4 

of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 

450ss–2) is amended—

347

(1) in subsection (a)—

(A) by striking ‘‘a unit’’ and inserting ‘‘an affiliate’’; 

and 

(B) by striking the second sentence; 

(2) by redesignating subsection (b) as subsection (c); 

(3) by inserting after subsection (a) the following new subsection: 

‘‘(b) ADMINISTRATION OF MEMORIAL.—The Foundation shall administer the Memorial in accordance with this Act and the general 

objectives of the ‘Memorial Mission Statement’, adopted March 26, 

1996, by the Foundation.’’; and 

(4) in subsection (c) (as so redesignated by paragraph (2) of 

this subsection) by striking ‘‘1997 (hereafter’’ and all that follows through the final period and inserting ‘‘1997. The map 

shall be on file and available for public inspection in the appropriate office of the Foundation.’’. 

(d) TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND DUTIES.—Section 5 of the Oklahoma City National Memorial 

Act of 1997 (16 U.S.C. 450ss–3) is amended to read as follows: 

‘‘SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, 

AND DUTIES. 

‘‘(a) TRANSFER OF MEMORIAL PROPERTY.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of 

the enactment of the Oklahoma City National Memorial Act 

Amendments of 2003, the Trust shall transfer to the Foundation—

‘‘(A) all assets of the Trust, including all real and personal property of the Memorial, any appurtenances, buildings, facilities, monuments, contents, artifacts, contracts 

and contract rights, accounts, deposits, intangibles, trademarks, trade names, copyrights, all other intellectual property, all other real and personal property of every kind and 

character comprising the Memorial, and any amounts appropriated for the Trust; 

‘‘(B) any property owned by the Trust that is adjacent 

or related to the Memorial; and 

‘‘(C) all property maintained for the Memorial, together 

with all rights, authorities, and duties relating to the ownership, administration, operation, and management of the 

Memorial. 

‘‘(2) SUBSEQUENT GIFTS.—Any artifact, memorial, or other 

personal property that is received by, or is intended by any person to be given to, the Trust after the date of transfer of property under paragraph (1) shall be the property of the Foundation.

‘‘(b) ASSUMPTION OF TRUST OBLIGATIONS.—Any obligations of 

the Trust relating to the Memorial that have been approved by the 

Trust before the date on which the property is transferred under 

subsection (a) shall become the responsibility of the Foundation on 

the date of the transfer. 

‘‘(c) DISSOLUTION OF TRUST.—Not later than 30 days after the 

transfer under subsection (a) is completed— 

‘‘(1) the Trust shall be dissolved; and 

‘‘(2) the Trust shall notify the Secretary of the date of dissolution. 

348

‘‘(d) AUTHORITY TO ENTER INTO AGREEMENTS.—The Secretary, 

acting through the National Park Service, is authorized to enter into 

1 or more cooperative agreements with the Foundation for the National Park Service to provide interpretive services related to the 

Memorial and such other assistance as may be agreed upon between 

the Secretary and the Foundation. The costs of the services and 

other agreed assistance shall be paid by the Secretary. 

‘‘(e) GENERAL SERVICES ADMINISTRATION AUTHORITY.—The Administrator of General Services shall provide, on a non-reimbursable basis, services necessary for the facilitation of the transfer of 

the Memorial to the Foundation. 

‘‘(f) LIMITATION.—Nothing in this Act shall prohibit the use of 

State and local law enforcement for the purposes of security related 

to the Memorial.’’. 

(e) REPEAL OF DUTIES AND AUTHORITIES OF TRUST.— (1) IN GENERAL.—Section 6 of the Oklahoma City National 

Memorial Act of 1997 (16 U.S.C. 450ss–4) is repealed. 

(2) EFFECTIVE DATE.—The repeal under this subsection 

shall take effect upon the transfer of the Memorial property, 

rights, authorities, and duties pursuant to the amendments 

made by subsection (d). 

(f) AUTHORIZATION OF APPROPRIATIONS.—Section 7 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss–5) is 

amended—

(1) in paragraph (1), by inserting ‘‘for an endowment fund subject to paragraph (2)’’ after ‘‘the sum of $5,000,000’’; and 

(2) in paragraph (2)—

(A) by striking ‘‘Trust or to the Oklahoma City Memorial’’; and 

(B) by striking ‘‘or operation’’ and inserting ‘‘operation, 

or endowment’’. 

(g) AUTHORIZATION OF SECRETARY TO REIMBURSE PREVIOUS

COSTS PAID BY FOUNDATION OR TRUST.—To the extent that funds 

are made available for the Trust, the Secretary of the Interior shall 

reimburse the Oklahoma City National Memorial Foundation for 

funds obligated or expended by the Oklahoma City National Memorial Foundation or the Oklahoma City National Memorial Trust to 

the Secretary of the Interior for interpretive services, security, and 

other costs and services related to the Oklahoma City National Memorial before the date of the enactment of this Act. The Oklahoma 

City National Memorial Foundation may use such reimbursed 

funds for the operation, maintenance, and permanent endowment of 

the Oklahoma City National Memorial. 

(h) REPEAL OF DISPOSITION OF SITE OF ALFRED P. MURRAH

FEDERAL BUILDING.—Section 8 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss–6) is repealed. 

(i) REPEAL OF STUDY REQUIREMENT.—Section 9 of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ssa–7) is 

repealed. 

SEC. 545. Notwithstanding any other provision of law, the unobligated balance of funds made available to the District of Columbia under item 70 in the table contained in section 1106(b)(2) of the 

Intermodal Surface Transportation Efficiency Act of 1991 (Public 

Law 102–240; 105 Stat. 2047) and the unobligated balance of funds 

made available to the District of Columbia under item 554 of the 

349

table contained in section 1602 of the Transportation Equity Act for 

the 21st Century (Public Law 105–178, as amended; 112 Stat. 277) 

shall be made available to carry out a project for the replacement 

of the existing bridge on Kenilworth Avenue over Nannie Helen Burroughs Avenue and for a ferry and ferry facility project on the Anacostia River. 

SEC. 546. Section 345(6), Division I, of Public Law 108–7 is 

amended by adding at the end of the section the following ‘‘In implementing section 345(6) the Secretary may also modify the permitted uses of draws on the lines of credit to include any repair and 

replacement costs.’’. 

SEC. 547. Notwithstanding any other provision of law, projects 

and activities described in the statement of managers accompanying 

this Act under the headings ‘‘Federal-Aid Highways’’ and ‘‘Federal 

Transit Administration’’ shall be eligible for fiscal year 2004 funds 

made available for the program for which each project or activity 

is so designated and projects and activities under the heading ‘‘Job 

Access and Reverse Commute Grants’’ shall be awarded those 

grants upon receipt of an application.

TITLE VI—GENERAL PROVISIONS 

DEPARTMENTS, AGENCIES, AND CORPORATIONS

SEC. 601. Funds appropriated in this or any other Act may be 

used to pay travel to the United States for the immediate family of 

employees serving abroad in cases of death or life threatening illness of said employee. 

SEC. 602. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for fiscal year 2004 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and 

will continue to administer in good faith, a written policy designed 

to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the 

Controlled Substances Act) by the officers and employees of such department, agency, or instrumentality. 

SEC. 603. Unless otherwise specifically provided, the maximum 

amount allowable during the current fiscal year in accordance with 

section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is 

hereby fixed at $8,100 except station wagons for which the maximum shall be $9,100: Provided, That these limits may be exceeded 

by not to exceed $3,700 for police-type vehicles, and by not to exceed 

$4,000 for special heavy-duty vehicles: Provided further, That the 

limits set forth in this section may not be exceeded by more than 5 

percent for electric or hybrid vehicles purchased for demonstration 

under the provisions of the Electric and Hybrid Vehicle Research, 

Development, and Demonstration Act of 1976: Provided further, 

That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant 

to Public Law 101–549 over the cost of comparable conventionally 

fueled vehicles. 

SEC. 604. Appropriations of the executive departments and 

independent establishments for the current fiscal year available for 

350

expenses of travel, or for the expenses of the activity concerned, are 

hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. 

SEC. 605. Unless otherwise specified during the current fiscal 

year, no part of any appropriation contained in this or any other Act 

shall be used to pay the compensation of any officer or employee of 

the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the 

United States) whose post of duty is in the continental United 

States unless such person: (1) is a citizen of the United States; (2) 

is a person in the service of the United States on the date of the enactment of this Act who, being eligible for citizenship, has filed a 

declaration of intention to become a citizen of the United States 

prior to such date and is actually residing in the United States; (3) 

is a person who owes allegiance to the United States; (4) is an alien 

from Cuba, Poland, South Vietnam, the countries of the former Soviet Union, or the Baltic countries lawfully admitted to the United 

States for permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975; or (6) is a national of the People’s Republic of China 

who qualifies for adjustment of status pursuant to the Chinese Student Protection Act of 1992: Provided, That for the purpose of this 

section, an affidavit signed by any such person shall be considered 

prima facie evidence that the requirements of this section with respect to his or her status have been complied with: Provided further, 

That any person making a false affidavit shall be guilty of a felony, 

and, upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further, That the 

above penal clause shall be in addition to, and not in substitution 

for, any other provisions of existing law: Provided further, That any 

payment made to any officer or employee contrary to the provisions 

of this section shall be recoverable in action by the Federal Government. This section shall not apply to citizens of Ireland, Israel, or 

the Republic of the Philippines, or to nationals of those countries allied with the United States in a current defense effort, or to international broadcasters employed by the United States Information 

Agency, or to temporary employment of translators, or to temporary 

employment in the field service (not to exceed 60 days) as a result 

of emergencies. 

SEC. 606. Appropriations available to any department or agency 

during the current fiscal year for necessary expenses, including 

maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space 

and services and those expenses of renovation and alteration of 

buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 

Stat. 749), the Public Buildings Amendments of 1972 (87 Stat. 216), 

or other applicable law. 

SEC. 607. In addition to funds provided in this or any other 

Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling 

or waste prevention programs. Such funds shall be available until 

expended for the following purposes:

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(1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13101 (September 14, 1998), including any such programs adopted prior 

to the effective date of the Executive order. 

(2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution 

prevention programs. 

(3) Other employee programs as authorized by law or as 

deemed appropriate by the head of the Federal agency. 

SEC. 608. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations 

and agencies subject to chapter 91 of title 31, United States Code, 

shall be available, in addition to objects for which such funds are 

otherwise available, for rent in the District of Columbia; services in 

accordance with 5 U.S.C. 3109; and the objects specified under this 

head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which 

they are made available: Provided, That in the event any functions 

budgeted as administrative expenses are subsequently transferred to 

or paid from other funds, the limitations on administrative expenses 

shall be correspondingly reduced. 

SEC. 609. No part of any appropriation for the current fiscal 

year contained in this or any other Act shall be paid to any person 

for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of 

said person. 

SEC. 610. No part of any appropriation contained in this or any 

other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, 

or similar groups (whether or not they are interagency entities) 

which do not have a prior and specific statutory approval to receive 

financial support from more than one agency or instrumentality. 

SEC. 611. Funds made available by this or any other Act to the 

Postal Service Fund (39 U.S.C. 2003) shall be available for employment of guards for all buildings and areas owned or occupied by 

the Postal Service and under the charge and control of the Postal 

Service, and such guards shall have, with respect to such property, 

the powers of special policemen provided by the first section of the 

Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, 

as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of 

General Services may take under the provisions of sections 2 and 3 

of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 

318a and 318b), attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 

1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318c). 

SEC. 612. None of the funds made available pursuant to the 

provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a resolution of disapproval duly adopted in accordance with the applicable law of the United States. 

SEC. 613. (a) Notwithstanding any other provision of law, and 

except as otherwise provided in this section, no part of any of the 

funds appropriated for fiscal year 2004, by this or any other Act, 

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may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code—

(1) during the period from the date of expiration of the limitation imposed by the comparable section for previous fiscal 

years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2004, in an 

amount that exceeds the rate payable for the applicable grade 

and step of the applicable wage schedule in accordance with 

such section; and 

(2) during the period consisting of the remainder of fiscal 

year 2004, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more 

than the sum of—

(A) the percentage adjustment taking effect in fiscal 

year 2004 under section 5303 of title 5, United States Code, 

in the rates of pay under the General Schedule; and 

(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2004 under section 5304 of such title 

(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the 

previous fiscal year under such section. 

(b) Notwithstanding any other provision of law, no prevailing 

rate employee described in subparagraph (B) or (C) of section 

5342(a)(2) of title 5, United States Code, and no employee covered 

by section 5348 of such title, may be paid during the periods for 

which subsection (a) is in effect at a rate that exceeds the rates that 

would be payable under subsection (a) were subsection (a) applicable to such employee. 

(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 2003, shall be determined 

under regulations prescribed by the Office of Personnel Management. 

(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed 

from the rates in effect on September 30, 2003, except to the extent 

determined by the Office of Personnel Management to be consistent 

with the purpose of this section. 

(e) This section shall apply with respect to pay for service performed after September 30, 2003. 

(f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires 

any deduction or contribution, or that imposes any requirement or 

limitation on the basis of a rate of salary or basic pay, the rate of 

salary or basic pay payable after the application of this section shall 

be treated as the rate of salary or basic pay. 

(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate 

in excess of the rate that would be payable were this section not in 

effect.

(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office deterVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00356 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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mines that such exceptions are necessary to ensure the recruitment 

or retention of qualified employees. 

SEC. 614. During the period in which the head of any department or agency, or any other officer or civilian employee of the Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to 

furnish or redecorate the office of such department head, agency 

head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is expressly approved by the Committees on 

Appropriations. For the purposes of this section, the term ‘‘office’’ 

shall include the entire suite of offices assigned to the individual, 

as well as any other space used primarily by the individual or the 

use of which is directly controlled by the individual. 

SEC. 615. Notwithstanding section 1346 of title 31, United 

States Code, or section 610 of this Act, funds made available for the 

current fiscal year by this or any other Act shall be available for the 

interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal 

departments, agencies, or entities, as provided by Executive Order 

No. 12472 (April 3, 1984). 

SEC. 616. (a) None of the funds appropriated by this or any 

other Act may be obligated or expended by any Federal department, 

agency, or other instrumentality for the salaries or expenses of any 

employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to 

section 3302 of title 5, United States Code, without a certification 

to the Office of Personnel Management from the head of the Federal 

department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely 

or primarily in order to detail the employee to the White House. 

(b) The provisions of this section shall not apply to Federal employees or members of the armed services detailed to or from—

(1) the Central Intelligence Agency; 

(2) the National Security Agency; 

(3) the Defense Intelligence Agency; 

(4) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; 

(5) the Bureau of Intelligence and Research of the Department of State; 

(6) any agency, office, or unit of the Army, Navy, Air Force, 

and Marine Corps, the Department of Homeland Security, the 

Federal Bureau of Investigation and the Drug Enforcement Administration of the Department of Justice, the Department of 

Transportation, the Department of the Treasury, and the Department of Energy performing intelligence functions; and 

(7) the Director of Central Intelligence. 

SEC. 617. No department, agency, or instrumentality of the 

United States receiving appropriated funds under this or any other 

Act for the current fiscal year shall obligate or expend any such 

funds, unless such department, agency, or instrumentality has in 

place, and will continue to administer in good faith, a written policy 

designed to ensure that all of its workplaces are free from discrimination and sexual harassment and that all of its workplaces are not 

354

in violation of title VII of the Civil Rights Act of 1964, as amended, 

the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973. 

SEC. 618. No part of any appropriation contained in this or any 

other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who—

(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal 

Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee 

of the Congress in connection with any matter pertaining to the 

employment of such other officer or employee or pertaining to 

the department or agency of such other officer or employee in 

any way, irrespective of whether such communication or contact 

is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or 

subcommittee; or 

(2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance of efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment 

right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by 

reason of any communication or contact of such other officer or 

employee with any Member, committee, or subcommittee of the 

Congress as described in paragraph (1). 

SEC. 619. (a) None of the funds made available in this or any 

other Act may be obligated or expended for any employee training 

that—

(1) does not meet identified needs for knowledge, skills, and 

abilities bearing directly upon the performance of official duties; 

(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; 

(3) does not require prior employee notification of the content and methods to be used in the training and written end of 

course evaluation; 

(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission 

Notice N–915.022, dated September 2, 1988; or 

(5) is offensive to, or designed to change, participants’ personal values or lifestyle outside the workplace. 

(b) Nothing in this section shall prohibit, restrict, or otherwise 

preclude an agency from conducting training bearing directly upon 

the performance of official duties.

SEC. 620. No funds appropriated in this or any other Act may 

be used to implement or enforce the agreements in Standard Forms 

312 and 4414 of the Government or any other nondisclosure policy, 

form, or agreement if such policy, form, or agreement does not contain the following provisions: ‘‘These restrictions are consistent with 

and do not supersede, conflict with, or otherwise alter the employee 

obligations, rights, or liabilities created by Executive Order No. 

12958; section 7211 of title 5, United States Code (governing discloVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00358 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
355

sures to Congress); section 1034 of title 10, United States Code, as 

amended by the Military Whistleblower Protection Act (governing 

disclosure to Congress by members of the military); section 

2302(b)(8) of title 5, United States Code, as amended by the Whistleblower Protection Act (governing disclosures of illegality, waste, 

fraud, abuse or public health or safety threats); the Intelligence 

Identities Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 

disclosures that could expose confidential Government agents); and 

the statutes which protect against disclosure that may compromise 

the national security, including sections 641, 793, 794, 798, and 952 

of title 18, United States Code, and section 4(b) of the Subversive 

Activities Act of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations, rights, sanctions, and liabilities created by said 

Executive order and listed statutes are incorporated into this agreement and are controlling.’’: Provided, That notwithstanding the preceding paragraph, a nondisclosure policy form or agreement that is 

to be executed by a person connected with the conduct of an intelligence or intelligence-related activity, other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be 

used. Such form or agreement shall, at a minimum, require that the 

person will not disclose any classified information received in the 

course of such activity unless specifically authorized to do so by the 

United States Government. Such nondisclosure forms shall also 

make it clear that they do not bar disclosures to Congress or to an 

authorized official of an executive agency or the Department of Justice that are essential to reporting a substantial violation of law. 

SEC. 621. No part of any funds appropriated in this or any 

other Act shall be used by an agency of the executive branch, other 

than for normal and recognized executive-legislative relationships, 

for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation 

pending before the Congress, except in presentation to the Congress 

itself. 

SEC. 622. None of the funds appropriated by this or any other 

Act may be used by an agency to provide a Federal employee’s home 

address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered 

by a court of competent jurisdiction. 

SEC. 623. None of the funds made available in this Act or any 

other Act may be used to provide any non-public information such 

as mailing or telephone lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations. 

SEC. 624. No part of any appropriation contained in this or any 

other Act shall be used for publicity or propaganda purposes within 

the United States not heretofore authorized by the Congress. 

SEC. 625. (a) In this section the term ‘‘agency’’—

(1) means an Executive agency as defined under section 105 

of title 5, United States Code; 

(2) includes a military department as defined under section 

102 of such title, the Postal Service, and the Postal Rate Commission; and 

(3) shall not include the General Accounting Office. 

356

(b) Unless authorized in accordance with law or regulations to 

use such time for other purposes, an employee of an agency shall use 

official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee 

exempted under section 6301(2) of title 5, United States Code, has 

an obligation to expend an honest effort and a reasonable proportion of such employee’s time in the performance of official duties. 

SEC. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of 

this Act, funds made available for the current fiscal year by this or 

any other Act to any department or agency, which is a member of 

the Joint Financial Management Improvement Program (JFMIP), 

shall be available to finance an appropriate share of JFMIP administrative costs, as determined by the JFMIP, but not to exceed a 

total of $800,000 including the salary of the Executive Director and 

staff support. 

SEC. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of 

this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse the ‘‘Policy and Citizen 

Services’’ account, General Services Administration, with the approval of the Director of the Office of Management and Budget, 

funds made available for the current fiscal year by this or any other 

Act, including rebates from charge card and other contracts. These 

funds shall be administered by the Administrator of General Services to support Government-wide financial, information technology, 

procurement, and other management innovations, initiatives, and 

activities, as approved by the Director of the Office of Management 

and Budget, in consultation with the appropriate interagency 

groups designated by the Director (including the Chief Financial Officers Council and the Joint Financial Management Improvement 

Program for financial management initiatives, the Chief Information Officers Council for information technology initiatives, and the 

Procurement Executives Council for procurement initiatives). The 

total funds transferred or reimbursed shall not exceed $17,000,000. 

Such transfers or reimbursements may only be made 15 days following notification of the Committees on Appropriations by the Director of the Office of Management and Budget. 

SEC. 628. None of the funds made available in this or any other 

Act may be used by the Office of Personnel Management or any 

other department or agency of the Federal Government to prohibit 

any agency from using appropriated funds as they see fit to independently contract with private companies to provide online employment applications and processing services.

SEC. 629. Notwithstanding any other provision of law, a 

woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 

SEC. 630. Nothwithstanding section 1346 of title 31, United 

States Code, or section 610 of this Act, funds made available for the 

current fiscal year by this or any other Act shall be available for the 

interagency funding of specific projects, workshops, studies, and 

similar efforts to carry out the purposes of the National Science and 

Technology Council (authorized by Executive Order No. 12881), 

which benefit multiple Federal departments, agencies, or entities: 

Provided, That the Office of Management and Budget shall provide 

a report describing the budget of and resources connected with the 

357

National Science and Technology Council to the Committees on Appropriations, the House Committee on Science; and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. 

SEC. 631. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving 

the distribution of Federal funds shall indicate the agency providing 

the funds, the Catalog of Federal Domestic Assistance Number, as 

applicable, and the amount provided. This provision shall apply to 

direct payments, formula funds, and grants received by a State receiving Federal funds. 

SEC. 632. Subsection (f) of section 403 of Public Law 103–356 

(31 U.S.C. 501 note) is amended by striking ‘‘October 1, 2003’’ and 

inserting ‘‘October 1, 2004’’. 

SEC. 633. (a) PROHIBITION OF FEDERAL AGENCY MONITORING

OF PERSONAL INFORMATION ON USE OF INTERNET.—None of the 

funds made available in this or any other Act may be used by any 

Federal agency—

(1) to collect, review, or create any aggregate list, derived 

from any means, that includes the collection of any personally 

identifiable information relating to an individual’s access to or 

use of any Federal Government Internet site of the agency; or 

(2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any 

aggregate list, derived from any means, that includes the collection of any personally identifiable information relating to an individual’s access to or use of any nongovernmental Internet site. 

(b) EXCEPTIONS.—The limitations established in subsection (a) 

shall not apply to—

(1) any record of aggregate data that does not identify particular persons; 

(2) any voluntary submission of personally identifiable information; 

(3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or 

(4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and 

is necessarily incident to the rendition of the Internet site services or to the protection of the rights or property of the provider 

of the Internet site. 

(c) DEFINITIONS.—For the purposes of this section: 

(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law. 

(2) The term ‘‘supervisory’’ means examinations of the agency’s supervised institutions, including assessing safety and 

soundness, overall financial condition, management practices 

and policies and compliance with applicable standards as provided in law. 

SEC. 634. (a) None of the funds appropriated by this Act may 

be used to enter into or renew a contract which includes a provision 

providing prescription drug coverage, except where the contract also 

includes a provision for contraceptive coverage. 

(b) Nothing in this section shall apply to a contract with—

(1) any of the following religious plans: 

(A) Personal Care’s HMO; and 

358

(B) OSF Health Plans, Inc.; and 

(2) any existing or future plan, if the carrier for the plan 

objects to such coverage on the basis of religious beliefs. 

(c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual 

to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities 

would be contrary to the individual’s religious beliefs or moral convictions. 

(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 

SEC. 635. The Congress of the United States recognizes the 

United States Anti-Doping Agency (USADA) as the official antidoping agency for Olympic, Pan American, and Paralympic sport in 

the United States. 

SEC. 636. Not later than 6 months after the date of enactment 

of this Act, the Inspector General of each applicable department or 

agency shall submit to the Committee on Appropriations a report 

detailing what policies and procedures are in place for each department or agency to give first priority to the location of new offices 

and other facilities in rural areas, as directed by the Rural Development Act of 1972. 

SEC. 637. None of the funds made available under this or any 

other Act for fiscal year 2004 shall be expended for the purchase of 

a product or service offered by Federal Prison Industries, Inc. unless 

the agency making such purchase determines that such offered 

product or service provides the best value to the buying agency pursuant to governmentwide procurement regulations, issued pursuant 

to section 25(c)(1) of the Office of Federal Procurement Act (41 

U.S.C. 421(c)(1)) that impose procedures, standards, and limitations 

of section 2410n of title 10, United States Code. 

SEC. 638. Each Executive department and agency shall evaluate 

the creditworthiness of an individual before issuing the individual 

a government purchase charge card or government travel charge 

card. The department or agency may not issue a government purchase charge card or government travel charge card to an individual that either lacks a credit history or is found to have an unsatisfactory credit history as a result of this evaluation: Provided, 

That this restriction shall not preclude issuance of a restricted-use 

charge, debit, or stored value card made in accordance with agency 

procedures to (a) an individual with an unsatisfactory credit history 

where such card is used to pay travel expenses and the agency determines there is no suitable alternative payment mechanism available 

before issuing the card, or (b) an individual who lacks a credit history. Each Executive department and agency shall establish guidelines and procedures for disciplinary actions to be taken against 

agency personnel for improper, fraudulent, or abusive use of government charge cards, which shall include appropriate disciplinary actions for use of charge cards for purposes, and at establishments, 

that are inconsistent with the official business of the Department or 

agency or with applicable standards of conduct. 

SEC. 639. Section 640(c) of the Treasury and General Government Appropriations Act, 2000 (Public Law 106–58; 2 U.S.C. 437g 

note 1), as amended by section 642 of the Treasury and General 

Government Appropriations Act, 2002 (Public Law 107–67), is 

359

amended by striking ‘‘December 31, 2003’’ and inserting ‘‘December 

31, 2005’’. 

SEC. 640. (a) The adjustment in rates of basic pay for employees 

under the statutory pay systems that takes effect in fiscal year 2004 

under sections 5303 and 5304 of title 5, United States Code, shall 

be an increase of 4.1 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department 

of Homeland Security and such adjustments shall be effective as of 

the first day of the first applicable pay period beginning on or after 

January 1, 2004. 

(b) Notwithstanding section 613 of this Act, the adjustment in 

rates of basic pay for the statutory pay systems that take place in 

fiscal year 2004 under sections 5344 and 5348 of title 5, United 

States Code, shall be no less than the percentage in paragraph (a) 

as employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under section 5303 and 

5304 of title 5, United States Code. Prevailing rate employees at locations where there are no employees whose pay is increased pursuant to sections 5303 and 5304 of title 5 and prevailing rate employees described in section 5343(a)(5) of title 5 shall be considered to 

be located in the pay locality designated as ‘‘Rest of US’’ pursuant 

to section 5304 of title 5 for purposes of this paragraph. 

(c) Funds used to carry out this section shall be paid from appropriations, which are made to each applicable department or 

agency for salaries and expenses for fiscal year 2004. 

SEC. 641. Section 304(a) of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 434(a)) is amended as follows: 

(1) in clauses (a)(2)(A)(i) and (a)(4)(A)(ii) by striking the 

parenthetical ‘‘(or posted by registered or certified mail no later 

than the 15th day before)’’ and inserting in its place, ‘‘(or posted 

by any of the following: registered mail, certified mail, priority 

mail having a delivery confirmation, or express mail having a 

delivery confirmation, or delivered to an overnight delivery service with an on-line tracking system, if posted or delivered no 

later than the 15th day before)’’; and 

(2) by striking paragraph (a)(5) and inserting the following: 

‘‘(5) If a designation, report, or statement filed pursuant to 

this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii) or 

subsection (g)(1)) is sent by registered mail, certified mail, priority mail having a delivery confirmation, or express mail having a delivery confirmation, the United States postmark shall 

be considered the date of filing the designation, report or statement. If a designation, report or statement filed pursuant to 

this Act (other than under paragraph (2)(A)(i) or (4)(A)(ii), or 

subsection (g)(1)) is sent by an overnight delivery service with 

an on-line tracking system, the date on the proof of delivery to 

the delivery service shall be considered the date of filing of the 

designation, report, or statement.’’. 

SEC. 642. Notwithstanding any other provision of law, funds 

appropriated for official travel by Federal departments and agencies 

may be used by such departments and agencies, if consistent with 

Office of Management and Budget Circular A–126 regarding official 

travel for Government personnel, to participate in the fractional aircraft ownership pilot program. 

360

SEC. 643. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, 

to be used for the purpose of conducting Federal law enforcement 

training without the advance approval of the Committees on Appropriations, except that the Federal Law Enforcement Training Center 

is authorized to obtain the temporary use of additional facilities by 

lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. 

SEC. 644. None of the funds provided in this Act shall be used 

to implement or enforce regulations for locality pay areas in fiscal 

year 2004 that are inconsistent with the recommendations of the 

Federal Salary Council adopted on October 7, 2003.

SEC. 645. (a) Not later than 180 days after the enactment of 

this Act, the head of each Federal agency shall submit a report to 

Congress on the amount of the acquisitions made by the agency 

from entities that manufacture the articles, materials, or supplies 

outside of the United States in that fiscal year. 

(b) The report required by subsection (a) shall separately indicate—

(1) the dollar value of any articles, materials, or supplies 

purchased that were manufactured outside of the United States; 

(2) an itemized list of all waivers granted with respect to 

such articles, materials, or supplies under the Buy American 

Act (41 U.S.C. 10a et seq.); and 

(3) a summary of the total procurement funds spent on 

goods manufactured in the United States versus funds spent on 

goods manufactured outside of the United States. 

(c) The head of each Federal agency submitting a report under 

subsection (a) shall make the report publicly available to the maximum extent practicable. 

SEC. 646. Notwithstanding any other provision of law, none of 

the funds appropriated or made available under this Act or any 

other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 

300.316 to part 300 of title 5 of the Code of Federal Regulations, 

published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees 

to the legislative branch): Provided, That if such proposed regulations are final regulations on the date of enactment of this Act, none 

of the funds appropriated or made available under this Act may be 

used to implement, administer, or enforce such final regulations. 

SEC. 647. (a) LIMITATION ON CONVERSION TO CONTRACTOR PERFORMANCE.—None of the funds appropriated by this Act shall be 

available to convert to contractor performance an activity or function of an executive agency, that on or after the date of enactment 

of this Act, is performed by more than ten federal employees unless—

(1) the conversion is based on the result of a public-private 

competition plan that includes a most efficient and cost effective 

organization plan developed by such activity or function; and 

(2) the Competitive Sourcing Official considers, as part of 

the cost or price evaluation, whether over all performance periVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00364 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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ods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the executive agency 

by an amount that equals or exceeds the lesser of—

(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or (B) $10,000,000. 

(b) Not later than 120 days following the enactment of this Act 

and not later than December 31 of each year thereafter, the head of 

each executive agency shall submit to Congress a report on the competitive sourcing activities on the list required under the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 

U.S.C. 501 note) that were performed for such executive agency during the previous fiscal year by Federal Government sources. The report shall include—

(1) the total number of competitions completed; 

(2) the total number of competitions announced, together 

with a list of the activities covered by such competitions; 

(3) the total number (expressed as a full-time employee 

equivalent number) of the Federal employees studied under 

completed competitions; 

(4) the total number (expressed as a full-time employee 

equivalent number) of the Federal employees that are being 

studied under competitions announced but not completed; 

(5) the incremental cost directly attributable to conducting 

the competitions identified under paragraphs (1) and (2), including costs attributable to paying outside consultants and 

contractors; 

(6) an estimate of the total anticipated savings, or a quantifiable description of improvements in service or performance, 

derived from completed competitions; 

(7) actual savings, or a quantifiable description of improvements in service or performance, derived from the implementation of competitions completed after May 29, 2003; 

(8) the total projected number (expressed as a full-time employee equivalent number) of the Federal employees that are to 

be covered by competitions scheduled to be announced in the fiscal year covered by the next report required under this section; 

and 

(9) a general description of how the competitive sourcing 

decisionmaking processes of the executive agency are aligned 

with the strategic workforce plan of that executive agency. 

(c) The head of an executive agency may not be required, under 

Office of Management and Budget Circular A–76 or any other policy, directive, or regulation, to automatically limit to 5 years or less 

the performance period in a letter of obligation, or other agreement, 

issued to executive agency employees, if such a letter or other agreement was issued as the result of a public-private competition conducted in accordance with the circular. 

(d) Hereafter, the head of an executive agency may expend funds 

appropriated or otherwise made available for any purpose to the executive agency under this or any other Act to monitor (in the administration of responsibilities under Office of Management and Budget 

Circular A–76 or any related policy, directive, or regulation) the perVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00365 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
362

formance of an activity or function of the executive agency that has 

previously been subjected to a public-private competition under such 

circular. 

(e) An activity or function of an executive agency that is converted to contractor performance under Office of Management and 

Budget Circular A–76 may not be performed by the contractor at a 

location outside the United States except to the extent that such activity or function was previously performed by Federal Government 

employees outside the United States.

(f) In this section, the term ‘‘executive agency’’ has the meaning 

given such term in section 4 of the Office of Federal Procurement 

Policy Act (41 U.S.C. 403). 

SEC. 648. Notwithstanding section 1346 of title 31, United 

States Code, and section 610 of this Act, the head of each executive 

department and agency shall transfer to or reimburse the Federal 

Aviation Administration, with the approval of the Director of the 

Office of Management and Budget, funds made available by this or 

any other Act for the purposes described below, and shall submit 

budget requests for such purposes. These funds shall be administered by the Federal Aviation Administration as approved by the Director of the Office of Management and Budget, in consultation with 

the appropriate interagency groups designated by the Director to ensure the operation of the Midway Atoll Airfield by the Federal Aviation Administration pursuant to an operational agreement with the 

Department of the Interior. The total funds transferred or reimbursed shall not exceed $6,000,000 and shall not be available for 

activities other than the operation of the airfield. The Director of the 

Office of Management and Budget shall notify the Committees on 

Appropriations of such transfers or reimbursements within 15 days 

of this Act. Such transfers or reimbursements shall begin within 30 

days of enactment of this Act. 

This division may be cited as the ‘‘Transportation, Treasury, 

and Independent Agencies Appropriations Act, 2004’’. 

DIVISION G—DEPARTMENTS OF VETERANS AFFAIRS AND 

HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

AN ACT 

Making appropriations for the Departments of Veterans Affairs and 

Housing and Urban Development, and for sundry independent 

agencies, boards, commissions, corporations, and offices for the 

fiscal year ending September 30, 2004, and for other purposes. 

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry 

independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 2004, and for other 

purposes, namely: 

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TITLE I—DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized 

by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits to or on behalf of veterans as authorized by law (38 

U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial 

benefits, emergency and other officers’ retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial 

life insurance policies guaranteed under the provisions of article IV 

of the Soldiers’ and Sailors’ Civil Relief Act of 1940 (50 U.S.C. App. 

540 et seq.) and for other benefits as authorized by law (38 U.S.C. 

107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 

U.S.C. App. 540–548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 

1198), $29,845,127,000, to remain available until expended: Provided, That not to exceed $17,056,000 of the amount appropriated 

under this heading shall be reimbursed to ‘‘General operating expenses’’ and ‘‘Medical services’’ for necessary expenses in implementing those provisions authorized in the Omnibus Budget Reconciliation Act of 1990, and in the Veterans’ Benefits Act of 1992 (38 

U.S.C. chapters 51, 53, and 55), the funding source for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to ‘‘Medical facilities revolving fund’’ to augment the funding of individual medical 

facilities for nursing home care provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits to 

or on behalf of veterans as authorized by law (38 U.S.C. chapters 

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,529,734,000, to 

remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is 

authorized to provide under section 3104(a) of title 38, United 

States Code, other than under subsection (a)(1), (2), (5), and (11) of 

that section, shall be charged to this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by 38 U.S.C. 

chapter 19; 70 Stat. 887; 72 Stat. 487, $29,017,000, to remain available until expended. 

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct and guaranteed loans, such sums as may 

be necessary to carry out the program, as authorized by 38 U.S.C. 

364

chapter 37, as amended: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974, as amended: Provided further, That during fiscal year 2004, within the resources available, 

not to exceed $300,000 in gross obligations for direct loans are authorized for specially adapted housing loans. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $154,850,000, which may be transferred to and merged with the appropriation for ‘‘General operating 

expenses’’. 

EDUCATION LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $1,000, as authorized by 38 U.S.C. 

3698, as amended: Provided, That such costs, including the cost of 

modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That 

these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $3,400. 

In addition, for administrative expenses necessary to carry out 

the direct loan program, $70,000, which may be transferred to and 

merged with the appropriation for ‘‘General operating expenses’’.

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $52,000, as authorized by 38 U.S.C. 

chapter 31, as amended: Provided, That such costs, including the 

cost of modifying such loans, shall be as defined in section 502 of 

the Congressional Budget Act of 1974, as amended: Provided further, That funds made available under this heading are available 

to subsidize gross obligations for the principal amount of direct 

loans not to exceed $3,938,000. 

In addition, for administrative expenses necessary to carry out 

the direct loan program, $300,000, which may be transferred to and 

merged with the appropriation for ‘‘General operating expenses’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000, which may be transferred to and merged with the appropriation for ‘‘General operating expenses’’: Provided, That no new 

loans in excess of $50,000,000 may be made in fiscal year 2004. 

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed 

transitional housing loan program authorized by 38 U.S.C. chapter 

37, subchapter VI, not to exceed $600,000 of the amounts appropriated by this Act for ‘‘General operating expenses’’ and ‘‘Medical 

services’’ may be expended. 

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VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in paragraphs 

(1) through (8) of section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction 

of the department and including medical supplies and equipment 

and salaries and expenses of health-care employees hired under title 

38, United States Code, and aid to State homes as authorized by 

section 1741 of title 38, United States Code; $17,867,220,000, plus 

reimbursements: Provided, That of the funds made available under 

this heading, not to exceed $1,100,000,000 shall be available until 

September 30, 2005: Provided further, That, notwithstanding any 

other provision of law, the Secretary of Veterans Affairs shall establish a priority for treatment for veterans who are service-connected 

disabled, lower income, or have special needs: Provided further, 

That, notwithstanding any other provision of law, the Secretary of 

Veterans Affairs shall give priority funding for the provision of 

basic medical benefits to veterans in enrollment priority groups 1 

through 6: Provided further, That of the funds made available 

under this heading, the Secretary may transfer up to $400,000,000 

to ‘‘Construction, major projects’’ for purposes of implementing 

CARES subject to a determination by the Secretary that such funds 

will improve access and quality of veteran’s health care needs: Provided further, That, notwithstanding any other provision of law, the 

Secretary of Veterans Affairs may authorize the dispensing of prescription drugs from Veterans Health Administration facilities to 

enrolled veterans with privately written prescriptions based on requirements established by the Secretary: Provided further, That the 

implementation of the program described in the previous proviso 

shall incur no additional cost to the Department of Veterans Affairs. 

MEDICAL ADMINISTRATION

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in 

support of capital policy activities; information technology hardware 

and software; uniforms or allowances therefor, as authorized by sections 5901–5902 of title 5, United States Code; and administrative 

and legal expenses of the department for collecting and recovering 

amounts owed the department as authorized under chapter 17 of 

title 38, United States Code, and the Federal Medical Care Recovery 

Act (42 U.S.C. 2651 et seq.); $5,000,000,000, of which $150,000,000 

shall be available until September 30, 2005, plus reimbursements. 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, and domiciliary facilities and other necessary facilities for the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction and 

renovation of any facility under the jurisdiction or for the use of the 

366

department; for oversight, engineering and architectural activities 

not charged to project costs; for repairing, altering, improving or 

providing facilities in the several hospitals and homes under the jurisdiction of the department, not otherwise provided for, either by 

contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry and food services, 

$4,000,000,000, of which $150,000,000 shall be available until September 30, 2005.

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical and 

prosthetic research and development as authorized by chapter 73 of 

title 38, United States Code, to remain available until September 

30, 2005, $408,000,000, plus reimbursements. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For necessary operating expenses of the Department of Veterans 

Affairs, not otherwise provided for, including administrative expenses in support of department-wide capital planning, management and policy activities, uniforms or allowances therefor; not to 

exceed $25,000 for official reception and representation expenses; 

hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, 

$1,283,272,000: Provided, That expenses for services and assistance 

authorized under 38 U.S.C. 3104(a)(1), (2), (5), and (11) that the 

Secretary determines are necessary to enable entitled veterans: (1) to 

the maximum extent feasible, to become employable and to obtain 

and maintain suitable employment; or (2) to achieve maximum 

independence in daily living, shall be charged to this account: Provided further, That the Veterans Benefits Administration shall be 

funded at not less than $1,005,000,000: Provided further, That of 

the funds made available under this heading, not to exceed 

$66,000,000 shall be available for obligation until September 30, 

2005: Provided further, That from the funds made available under 

this heading, the Veterans Benefits Administration may purchase 

up to two passenger motor vehicles for use in operations of that Administration in Manila, Philippines. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in 

cemeterial operations; and hire of passenger motor vehicles, 

$144,203,000: Provided, That of the funds made available under 

this heading, not to exceed $7,200,000 shall be available until September 30, 2005. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

367

amended, $62,000,000, to remain available until September 30, 

2005. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the 

facilities including parking projects under the jurisdiction or for the 

use of the Department of Veterans Affairs, or for any of the purposes 

set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 

8110, and 8122 of title 38, United States Code, including planning, 

architectural and engineering services, maintenance or guarantee 

period services costs associated with equipment guarantees provided 

under the project, services of claims analysts, offsite utility and 

storm drainage system construction costs, and site acquisition, 

where the estimated cost of a project is more than the amount set 

forth in 38 U.S.C. 8104(a)(3)(A) or where funds for a project were 

made available in a previous major project appropriation, 

$272,690,000, to remain available until expended, of which 

$181,000,000 shall be for Capital Asset Realignment for Enhanced 

Services (CARES) activities; and of which $10,000,000 shall be to 

make reimbursements as provided in 41 U.S.C. 612 for claims paid 

for contract disputes: Provided, That except for advance planning 

activities, including needs assessments which may or may not lead 

to capital investments, and other capital asset management related 

activities, such as portfolio development and management activities, 

and investment strategy studies funded through the advance planning fund and the planning and design activities funded through 

the design fund and CARES funds, including needs assessments 

which may or may not lead to capital investments, none of the funds 

appropriated under this heading shall be used for any project which 

has not been approved by the Congress in the budgetary process: 

Provided further, That funds provided in this appropriation for fiscal year 2004, for each approved project (except those for CARES activities referenced above) shall be obligated: (1) by the awarding of 

a construction documents contract by September 30, 2004; and (2) 

by the awarding of a construction contract by September 30, 2005: 

Provided further, That the Secretary of Veterans Affairs shall 

promptly report in writing to the Committees on Appropriations any 

approved major construction project in which obligations are not incurred within the time limitations established above. 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of the 

facilities including parking projects under the jurisdiction or for the 

use of the Department of Veterans Affairs, including planning and 

assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period 

services costs associated with equipment guarantees provided under 

the project, services of claims analysts, offsite utility and storm 

drainage system construction costs, and site acquisition, or for any 

of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 

8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United States 

Code, where the estimated cost of a project is equal to or less than 

the amount set forth in 38 U.S.C. 8104(a)(3)(A), $252,144,000, to remain available until expended, along with unobligated balances of 

previous ‘‘Construction, minor projects’’ appropriations which are 

368

hereby made available for any project where the estimated cost is 

equal to or less than the amount set forth in 38 U.S.C. 

8104(a)(3)(A), of which $40,000,000 shall be for Capital Asset Realignment for Enhanced Services (CARES) activities: Provided, 

That from amounts appropriated under this heading, additional 

amounts may be used for CARES activities upon notification of and 

approval by the Committees on Appropriations: Provided further, 

That funds in this account shall be available for: (1) repairs to any 

of the nonmedical facilities under the jurisdiction or for the use of 

the department which are necessary because of loss or damage 

caused by any natural disaster or catastrophe; and (2) temporary 

measures necessary to prevent or to minimize further loss by such 

causes. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify or alter existing hospital, nursing home and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by 38 U.S.C. 

8131–8137, $102,100,000, to remain available until expended. 

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or improving State veterans cemeteries as authorized by 38 U.S.C. 2408, 

$32,000,000, to remain available until expended. 

ADMINISTRATIVE PROVISIONS

(INCLUDING RESCISSION OF FUNDS)

SEC. 101. Any appropriation for fiscal year 2004 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred to any other of the 

mentioned appropriations. 

SEC. 102. Appropriations available to the Department of Veterans Affairs for fiscal year 2004 for salaries and expenses shall be 

available for services authorized by 5 U.S.C. 3109 hire of passenger 

motor vehicles; lease of a facility or land or both; and uniforms or 

allowances therefore, as authorized by 5 U.S.C. 5901–5902. 

SEC. 103. No appropriations in this Act for the Department of 

Veterans Affairs (except the appropriations for ‘‘Construction, major 

projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking revolving 

fund’’) shall be available for the purchase of any site for or toward 

the construction of any new hospital or home.

SEC. 104. No appropriations in this Act for the Department of 

Veterans Affairs shall be available for hospitalization or examination of any persons (except beneficiaries entitled under the laws bestowing such benefits to veterans, and persons receiving such treatment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless reimbursement of cost is made to the ‘‘Medical services’’ account at 

such rates as may be fixed by the Secretary of Veterans Affairs. 

SEC. 105. Appropriations available to the Department of Veterans Affairs for fiscal year 2004 for ‘‘Compensation and pensions’’, 

‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ 

shall be available for payment of prior year accrued obligations reVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00372 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
369

quired to be recorded by law against the corresponding prior year 

accounts within the last quarter of fiscal year 2003. 

SEC. 106. Appropriations accounts available to the Department 

of Veterans Affairs for fiscal year 2004 shall be available to pay 

prior year obligations of corresponding prior year appropriations accounts resulting from title X of the Competitive Equality Banking 

Act, Public Law 100–86, except that if such obligations are from 

trust fund accounts they shall be payable from ‘‘Compensation and 

pensions’’. 

SEC. 107. Notwithstanding any other provision of law, during 

fiscal year 2004, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the 

United States Government Life Insurance Fund (38 U.S.C. 1955), 

reimburse the ‘‘General operating expenses’’ account for the cost of 

administration of the insurance programs financed through those 

accounts: Provided, That reimbursement shall be made only from 

the surplus earnings accumulated in an insurance program in fiscal 

year 2004 that are available for dividends in that program after 

claims have been paid and actuarially determined reserves have 

been set aside: Provided further, That if the cost of administration 

of an insurance program exceeds the amount of surplus earnings accumulated in that program, reimbursement shall be made only to 

the extent of such surplus earnings: Provided further, That the Secretary shall determine the cost of administration for fiscal year 2004 

which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance 

included in such insurance program. 

SEC. 108. Notwithstanding any other provision of law, the Department of Veterans Affairs shall continue the Franchise Fund 

pilot program authorized to be established by section 403 of Public 

Law 103–356 until October 1, 2004: Provided, That the Franchise 

Fund, established by title I of Public Law 104–204 to finance the 

operations of the Franchise Fund pilot program, shall continue 

until October 1, 2004. 

SEC. 109. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds are 

received. 

SEC. 110. Funds available in any Department of Veterans Affairs appropriation for fiscal year 2004 or funds for salaries and 

other administrative expenses shall also be available to reimburse 

the Office of Resolution Management and the Office of Employment 

Discrimination Complaint Adjudication for all services provided at 

rates which will recover actual costs but not exceed $29,318,000 for 

the Office of Resolution Management and $3,059,000 for the Office 

of Employment and Discrimination Complaint Adjudication: Provided, That payments may be made in advance for services to be 

furnished based on estimated costs: Provided further, That amounts 

received shall be credited to ‘‘General operating expenses’’ for use by 

the office that provided the service. 

SEC. 111. No appropriations in this Act for the Department of 

Veterans Affairs shall be available to enter into any new lease of 

real property if the estimated annual rental is more than $300,000 

370

unless the Secretary submits a report which the Committees on Appropriations of the Congress approve within 30 days following the 

date on which the report is received. 

SEC. 112. No appropriations in this Act for the Department of 

Veterans Affairs shall be available for hospitalization or treatment 

of any person by reason of eligibility under section 1710(a)(3) of title 

38, United States Code, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may require—

(1) current, accurate third-party reimbursement information for purposes of section 1729 of such title; and 

(2) annual income information for purposes of section 1722 

of such title. 

SEC. 113. Of the amounts provided in this Act, $25,000,000 

shall be for information technology initiatives to support the enterprise architecture of the Department of Veterans Affairs. 

SEC. 114. None of the funds in this Act may be used to implement sections 2 and 5 of Public Law 107–287. 

SEC. 115. Receipts that would otherwise be credited to the Veterans Extended Care Revolving Fund, the Medical Facilities Revolving Fund, the Special Therapeutic and Rehabilitation Fund, the 

Nursing Home Revolving Fund, the Veterans Health Services Improvement Fund, and the Parking Revolving Fund shall be deposited into the Medical Care Collections Fund, and shall be transferred to ‘‘Medical services’’, to remain available until expended, to 

carry out the purposes of ‘‘Medical services’’. 

SEC. 116. (a) The Secretary of Veterans Affairs shall conduct by 

contract a program of recovery audits for the fee basis and other 

medical services contracts with respect to payments for hospital 

care. Notwithstanding section 3302(b) of title 31, United States 

Code, amounts collected, by setoff or otherwise, as the result of such 

audits shall be available, without fiscal year limitation, for the purposes for which funds are appropriated under ‘‘Medical services’’ 

and the purposes of paying a contractor a percent of the amount collected as a result of an audit carried out by the contractor. 

(b) All amounts so collected under subsection (a) with respect to 

a designated health care region (as that term is defined in section 

1729A(d)(2) of title 38, United States Code) shall be allocated, net 

of payments to the contractor, to that region.

SEC. 117. Notwithstanding any other provision of law, at the 

discretion of the Secretary of Veterans Affairs, proceeds or revenues 

derived from enhanced-use leasing activities (including disposal) 

that are deposited into the Medical Care Collections Fund may be 

transferred and merged with ‘‘Construction, major projects’’ and 

‘‘Construction, minor projects’’ accounts and be used for construction 

(including site acquisition and disposition), alterations and improvements of any medical facility under the jurisdiction or for the 

use of the Department of Veterans Affairs. Such sums as realized 

are in addition to the amount provided for in ‘‘Construction, major 

projects’’ and ‘‘Construction, minor projects’’. 

SEC. 118. Amounts made available under ‘‘Medical services’’ are 

available—

(1) for furnishing recreational facilities, supplies, and 

equipment; and 

371

(2) for funeral expenses, burial expenses, and other expenses 

incidental to funerals and burials for beneficiaries receiving 

care in the department. 

SEC. 119. That such sums as may be deposited to the Medical 

Care Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to ‘‘Medical services’’, to remain available until expended for 

the purposes of this account. 

SEC. 120. Amounts made available for fiscal year 2004 under 

the ‘‘Medical services’’, ‘‘Medical administration’’, and ‘‘Medical facilities’’ accounts may be transferred between the accounts to the extent necessary to implement the restructuring of the Veterans Health 

Administration accounts after notice of the amount and purpose of 

the transfer is provided to the Committees on Appropriations of the 

Senate and House of Representatives and a period of 30 days has 

elapsed: Provided, That the limitation on transfers is 20 percent in 

fiscal year 2004. 

SEC. 121. The Department of Veterans Affairs shall implement 

the Veterans Health Administration account structure described 

under this Act by no later than 90 days after the date of enactment 

of this Act and shall submit its fiscal year 2005 budget justifications using the identical structure provided under this Act. 

SEC. 122. That of the unobligated balances remaining from 

prior year recoveries under the heading ‘‘Medical care’’, 

$270,000,000 are rescinded. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For activities and assistance under the United States Housing 

Act of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein), 

not otherwise provided for, $19,371,481,762, and amounts that are 

recaptured in this account, to remain available until expended: Provided, That of the amounts made available under this heading, 

$15,171,481,762 and the aforementioned recaptures shall be available on October 1, 2003 and $4,200,000,000 shall be available on 

October 1, 2004: Provided further, That amounts made available 

under this heading are provided as follows: (1) $17,635,130,745 for expiring or terminating section 8 

project-based subsidy contracts (including section 8 moderate 

rehabilitation contracts), for amendments to section 8 projectbased subsidy contracts, for contracts entered into pursuant to 

section 441 of the McKinney-Vento Homeless Assistance Act, for 

the renewal of section 8 contracts for units in projects that are 

subject to approved plans of action under the Emergency Low 

Income Housing Preservation Act of 1987 or the Low-Income 

Housing Preservation and Resident Homeownership Act of 

1990, and for renewals of expiring section 8 tenant-based annual contributions contracts (including amendments and renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act (42 

U.S.C. 1437f(t))): Provided, That notwithstanding any other 

372

provision of law, the Secretary shall renew expiring section 8 

tenant-based annual contributions contracts for each public 

housing agency, (including for agencies participating in the 

Moving to Work demonstration, unit months representing section 8 tenant-based assistance funds committed by the public 

housing agency for specific purposes, other than reserves, that 

are authorized pursuant to any agreement and conditions entered into under such demonstration, and utilized in compliance with any applicable program obligation deadlines) based 

on the total number of unit months which were under lease as 

reported on the most recent end-of-year financial statement submitted by the public housing agency to the Department, or as 

adjusted by such additional information submitted by the public housing agency to the Secretary as of August 1, 2003 (subject 

to verification), and by applying an inflation factor based on 

local or regional factors to the actual per unit cost: Provided 

further, That none of the funds made available in this paragraph may be used to support a total number of unit months 

under lease which exceeds a public housing agency’s authorized 

level of units under contract; (2) $136,846,017 for a central fund to be allocated by the 

Secretary for amendments to section 8 tenant-based annual contributions contracts for such purposes set forth in this paragraph: Provided, That subject to the following proviso, the Secretary may use amounts made available in such fund, as necessary, for an increase in the total number of unit months 

under lease as compared to the number of unit months under 

lease as of August 1, 2003, provided for by the annual contributions contract: Provided further, That if a public housing agency, at any point in time during their fiscal year, has obligated 

the amounts made available to such agency pursuant to paragraph (1) under this heading for the renewal of expiring section 

8 tenant-based annual contributions contracts, and if such 

agency has expended fifty percent of the amounts available to 

such agency in its annual contributions contract reserve account, the Secretary may only make available amounts as are 

necessary from amounts available from such central fund to 

fund additional leased units under the preceding proviso within 

thirty days of a request from such agency: Provided further, 

That none of the funds made available in this paragraph may 

be used to support a total number of unit months under lease 

which exceeds a public housing agency’s authorized level of 

units under contract: Provided further, That the Secretary shall 

provide quarterly reports to the Committees on Appropriations 

of the House and the Senate on the obligation of funds provided 

in this paragraph in accordance with the directions specified in 

the report accompanying this Act; 

(3) $206,495,000 for section 8 rental assistance for relocation and replacement of housing units that are demolished or 

disposed of pursuant to the Omnibus Consolidated Rescissions 

and Appropriations Act of 1996 (Public Law 104–134), conversion of section 23 projects to assistance under section 8, the 

family unification program under section 8(x) of the Act, relocation of witnesses in connection with efforts to combat crime in 

public and assisted housing pursuant to a request from a law 

373

enforcement or prosecution agency, enhanced vouchers under 

any provision of law authorizing such assistance under section 

8(t) of the Act (42 U.S.C.1437f(t)), and tenant protection assistance, including replacement and relocation assistance; (4) $48,000,000 for family self-sufficiency coordinators 

under section 23 of the Act; (5) not to exceed $1,242,000,000 for administrative and 

other expenses of public housing agencies in administering the 

section 8 tenant-based rental assistance program, of which up 

to $50,000,000 shall be available to the Secretary to allocate to 

public housing agencies that need additional funds to administer their section 8 programs: Provided, That not to exceed 

$1,192,000,000 of the amount provided in this paragraph shall 

be allocated on a pro rata basis to public housing agencies 

based on the amount public housing agencies were eligible to receive in fiscal year 2003 without regard to the reduction required for excess administrative fee balances: Provided further, 

That, amounts under this paragraph shall be distributed according to the requirements of this paragraph and notwithstanding any other provision of law: Provided further, That 

none of the funds provided in this Act or any other Act may be 

used to supplement the amounts provided in this paragraph: 

Provided further, That all such administrative fee amounts provided under this paragraph shall be only for activities related 

to the provision of rental assistance under section 8, including 

related development activities; (6) $100,000,000 for contract administrators for section 8 

project-based assistance; and (7) not less than $3,010,000 shall be transferred to the 

Working Capital Fund for the development of and modifications 

to information technology systems which serve programs or activities under ‘‘Public and Indian Housing’’: Provided, That the 

Secretary may transfer up to 15 percent of funds provided 

under paragraphs (1), (2) or (5), herein to paragraphs (1) or (2), 

if the Secretary determines that such action is necessary because the funding provided under one such paragraph otherwise would be depleted and as a result, the maximum utilization of section 8 tenant-based assistance with the funds appropriated for this purpose by this Act would not be feasible: Provided further, That prior to undertaking the transfer of funds 

in excess of 10 percent from any paragraph pursuant to the previous proviso, the Secretary shall notify the Chairman and 

Ranking Member of the Subcommittees on Veterans Affairs and 

Housing and Urban Development, and Independent Agencies of 

the Committees on Appropriations of the House of Representatives and the Senate and shall not transfer any such funds 

until 30 days after such notification: Provided further, That incremental vouchers previously made available under this heading for non-elderly disabled families shall, to the extent practicable, continue to be provided to non-elderly disabled families 

upon turnover: Provided further, That, hereafter, the Secretary 

shall require public housing agencies to submit accounting data 

for funds disbursed under this heading in this Act and prior 

Acts by source and purpose of such funds: Provided further, 

That $2,844,000,000 is rescinded from unobligated balances reVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00377 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
374

maining from funds appropriated to the Department of Housing 

and Urban Development under this heading or the heading 

‘‘Annual contributions for assisted housing’’ or any other heading for fiscal year 2003 and prior years, to be effected by the 

Secretary no later than September 30, 2004: Provided further, 

That any such balances governed by reallocation provisions 

under the statute authorizing the program for which the funds 

were originally appropriated shall be available for the rescission: Provided further, That any obligated balances of contract 

authority from fiscal year 1974 and prior that have been terminated shall be cancelled. 

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

For the Public Housing Capital Fund Program to carry out capital and management activities for public housing agencies, as authorized under section 9 of the United States Housing Act of 1937, 

as amended (42 U.S.C. 1437g) (the ‘‘Act’’) $2,712,255,000, to remain 

available until September 30, 2007: Provided, That notwithstanding 

any other provision of law or regulation, during fiscal year 2004, 

the Secretary may not delegate to any Department official other 

than the Deputy Secretary and the Assistant Secretary for Public 

and Indian Housing any authority under paragraph (2) of section 

9(j) regarding the extension of the time periods under such section: 

Provided further, That for purposes of such section 9(j), the term 

‘‘obligate’’ means, with respect to amounts, that the amounts are 

subject to a binding agreement that will result in outlays, immediately or in the future: Provided further, That of the total amount 

provided under this heading, up to $50,000,000 shall be for carrying out activities under section 9(h) of such Act, of which 

$13,000,000 shall be for the provision of remediation services to 

public housing agencies identified as ‘‘troubled’’ under the Section 

8 Management Assessment Program and for surveys used to calculate local Fair Market Rents and assess housing conditions in 

connection with rental assistance under section 8 of the Act: Provided further, That of the total amount provided under this heading, up to $500,000 shall be for lease adjustments to section 23 

projects, and no less than $10,610,000 shall be transferred to the 

Working Capital Fund for the development of and modifications to 

information technology systems which serve programs or activities 

under ‘‘Public and Indian housing’’: Provided further, That no 

funds may be used under this heading for the purposes specified in 

section 9(k) of the United States Housing Act of 1937, as amended: 

Provided further, That of the total amount provided under this 

heading, up to $40,000,000 shall be available for the Secretary of 

Housing and Urban Development to make grants to public housing 

agencies for emergency capital needs resulting from emergencies and 

natural disasters in fiscal year 2004: Provided further, That of the 

total amount provided under this heading, $55,000,000 shall be for 

supportive services, service coordinators and congregate services as 

authorized by section 34 of the Act and the Native American Housing Assistance and Self-Determination Act of 1996: Provided further, That of the total amount provided under this heading, 

$15,000,000 shall be for Neighborhood Networks grants for activiVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00378 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
375

ties authorized in section 9(d)(1)(E) of the United States Housing 

Act of 1937, as amended: Provided further, That notwithstanding 

any other provision of law, amounts made available in the previous 

proviso shall be awarded to public housing agencies on a competitive basis. 

The first proviso under this heading in the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, is amended by striking 

‘‘1998, 1999’’. 

PUBLIC HOUSING OPERATING FUND

For 2004 payments to public housing agencies for the operation 

and management of public housing, as authorized by section 9(e) of 

the United States Housing Act of 1937, as amended (42 U.S.C. 

1437g(e)), $3,600,000,000: Provided, That of the total amount provided under this heading, $10,000,000 shall be for programs, as determined appropriate by the Attorney General, which assist in the 

investigation, prosecution, and prevention of violent crimes and 

drug offenses in public and federally-assisted low-income housing, 

including Indian housing, which shall be administered by the Department of Justice through a reimbursable agreement with the Department of Housing and Urban Development: Provided further, 

That, in fiscal year 2004 and all fiscal years hereafter, no amounts 

under this heading in any appropriations Act may be used for payments to public housing agencies for the costs of operation and management of public housing for any year prior to the current year of 

such Act: Provided further, That no funds may be used under this 

heading for the purposes specified in section 9(k) of the United 

States Housing Act of 1937, as amended.

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE

VI)

For grants to public housing agencies for demolition, site revitalization, replacement housing, and tenant-based assistance grants 

to projects as authorized by section 24 of the United States Housing 

Act of 1937, as amended, $150,000,000, to remain available until 

September 30, 2005, of which the Secretary may use up to 

$4,000,000 for technical assistance and contract expertise, to be provided directly or indirectly by grants, contracts or cooperative agreements, including training and cost of necessary travel for participants in such training, by or to officials and employees of the department and of public housing agencies and to residents: Provided, 

That none of such funds shall be used directly or indirectly by 

granting competitive advantage in awards to settle litigation or pay 

judgments, unless expressly permitted herein. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING TRANSFERS OF FUNDS)

For the Native American Housing Block Grants program, as 

authorized under title I of the Native American Housing Assistance 

and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et 

seq.), $654,100,000, to remain available until expended, of which 

$2,200,000 shall be contracted through the Secretary as technical 

assistance and capacity building to be used by the National AmerVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00379 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
376

ican Indian Housing Council in support of the implementation of 

NAHASDA; of which $4,500,000 shall be to support the inspection 

of Indian housing units, contract expertise, training, and technical 

assistance in the training, oversight, and management of Indian 

housing and tenant-based assistance, including up to $300,000 for 

related travel; and of which no less than $2,720,000 shall be transferred to the Working Capital Fund for development of and modifications to information technology systems which serve programs or 

activities under ‘‘Public and Indian housing’’: Provided, That of the 

amount provided under this heading, $2,000,000 shall be made 

available for the cost of guaranteed notes and other obligations, as 

authorized by title VI of NAHASDA: Provided further, That such 

costs, including the costs of modifying such notes and other obligations, shall be as defined in section 502 of the Congressional Budget 

Act of 1974, as amended: Provided further, That these funds are 

available to subsidize the total principal amount of any notes and 

other obligations, any part of which is to be guaranteed, not to exceed $16,658,000: Provided further, That for administrative expenses to carry out the guaranteed loan program, up to $150,000 

from amounts in the first proviso, which shall be transferred to and 

merged with the appropriation for ‘‘Salaries and expenses’’, to be 

used only for the administrative costs of these guarantees. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section 184 

of the Housing and Community Development Act of 1992 (12 U.S.C. 

1715z–13a), $5,300,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget Act 

of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be 

guaranteed, not to exceed $197,243,000. 

In addition, for administrative expenses to carry out the guaranteed loan program, up to $250,000 from amounts in the first 

paragraph, which shall be transferred to and merged with the appropriation for ‘‘Salaries and expenses’’, to be used only for the administrative costs of these guarantees. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, as authorized by section 184A 

of the Housing and Community Development Act of 1992 (12 U.S.C. 

1715z–13b), $1,035,000, to remain available until expended: Provided, That such costs, including the costs of modifying such loans, 

shall be as defined in section 502 of the Congressional Budget Act 

of 1974, as amended: Provided further, That these funds are available to subsidize total loan principal, any part of which is to be 

guaranteed, not to exceed $39,712,000. 

In addition, for administrative expenses to carry out the guar- anteed loan program, up to $35,000 from amounts in the first paragraph, which shall be transferred to and merged with the approVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00380 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
377

priation for ‘‘Salaries and expenses’’, to be used only for the administrative costs of these guarantees. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

For carrying out the Housing Opportunities for Persons with 

AIDS program, as authorized by the AIDS Housing Opportunity Act 

(42 U.S.C. 12901 et seq.), $296,500,000, to remain available until 

September 30, 2005: Provided, That the Secretary shall renew all 

expiring contracts for permanent supportive housing that were funded under section 854(c)(3) of such Act that meet all program requirements before awarding funds for new contracts and activities authorized under this section: Provided further, That the Secretary 

may use up to $2,500,000 of the funds under this heading for training, oversight, and technical assistance activities. 

RURAL HOUSING AND ECONOMIC DEVELOPMENT

For the Office of Rural Housing and Economic Development in the Department of Housing and Urban Development, $25,000,000 to 

remain available until expended, which amount shall be competitively awarded by June 1, 2004, to Indian tribes, State housing finance agencies, State community and/or economic development 

agencies, local rural nonprofits and community development corporations to support innovative housing and economic development 

activities in rural areas. 

EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

For grants in connection with a second round of empowerment 

zones and enterprise communities, $15,000,000, to remain available 

until September 30, 2005, for ‘‘Urban Empowerment Zones’’, as authorized in section 1391(g) of the Internal Revenue Code of 1986 (26 

U.S.C. 1391(g)), including $1,000,000 for each empowerment zone 

for use in conjunction with economic development activities consistent with the strategic plan of each empowerment zone. 

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

For assistance to units of State and local government, and to 

other entities, for economic and community development activities, 

and for other purposes, $4,950,000,000, to remain available until 

September 30, 2006: Provided, That of the amount provided, 

$4,356,550,000 is for carrying out the community development block 

grant program under title I of the Housing and Community Development Act of 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 

et seq.): Provided further, That unless explicitly provided for under 

this heading (except for planning grants provided in the third paragraph and amounts made available in the second paragraph), not 

to exceed 20 percent of any grant made with funds appropriated 

under this heading (other than a grant made available in this paragraph to the Housing Assistance Council or the National American 

Indian Housing Council, or a grant using funds under section 

107(b)(3) of the Act) shall be expended for planning and management development and administration: Provided further, That 

378

$72,000,000 shall be for grants to Indian tribes notwithstanding 

section 106(a)(1) of such Act; $3,300,000 shall be for a grant to the 

Housing Assistance Council; $2,500,000 shall be for a grant to the 

National American Indian Housing Council; $5,000,000 shall be 

available as a grant to the National Housing Development Corporation, for operating expenses not to exceed $2,000,000 and for a program of affordable housing acquisition and rehabilitation; 

$5,000,000 shall be available as a grant to the National Council of 

La Raza for the HOPE Fund, of which $500,000 is for technical assistance and fund management, and $4,500,000 is for investments 

in the HOPE Fund and financing to affiliated organizations; 

$52,000,000 shall be for grants pursuant to section 107 of the Act, 

of which $9,500,000 shall be for the Native Hawaiian block grant 

authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996; no less than $4,900,000 

shall be transferred to the Working Capital Fund for the development of and modification to information technology systems which 

serve programs or activities under ‘‘Community planning and development’’; $27,000,000 shall be for grants pursuant to the Self Help 

Homeownership Opportunity Program; $34,750,000 shall be for capacity building, of which $30,000,000 shall be for Capacity Building for Community Development and Affordable Housing for LISC 

and the Enterprise Foundation for activities as authorized by section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), 

as in effect immediately before June 12, 1997, with not less than 

$5,000,000 of the funding to be used in rural areas, including tribal 

areas, and of which $4,750,000 shall be for capacity building activities administered by Habitat for Humanity International; 

$65,000,000 shall be available for YouthBuild program activities 

authorized by subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act, as amended, and such activities 

shall be an eligible activity with respect to any funds made available under this heading: Provided, That local YouthBuild programs 

that demonstrate an ability to leverage private and nonprofit funding shall be given a priority for YouthBuild funding: Provided further, That no more than 10 percent of any grant award under the 

YouthBuild program may be used for administrative costs: Provided 

further, That of the amount made available for YouthBuild not less 

than $10,000,000 is for grants to establish YouthBuild programs in 

underserved and rural areas and $2,000,000 is to be made available 

for a grant to YouthBuild USA for capacity building for community 

development and affordable housing activities as specified in section 

4 of the HUD Demonstration Act of 1993, as amended. 

Of the amount made available under this heading, $44,000,000 

shall be available for neighborhood initiatives that are utilized to 

improve the conditions of distressed and blighted areas and neighborhoods, to stimulate investment, economic diversification, and 

community revitalization in areas with population outmigration or 

a stagnating or declining economic base, or to determine whether 

housing benefits can be integrated more effectively with welfare reform initiatives: Provided, That amounts made available under this 

paragraph shall be provided in accordance with the terms and conditions specified in the joint explanatory statement of the managers 

accompanying this Act. 

379

Of the amount made available under this heading, 

$278,000,000 shall be available for grants for the Economic Development Initiative (EDI) to finance a variety of targeted economic investments in accordance with the terms and conditions specified in 

the joint explanatory statement of the managers accompanying this 

Act: Provided, That none of the funds provided under this paragraph may be used for program operations. 

The referenced statement of the managers under this heading in 

Public Law 107–73 is deemed to be amended with respect to the 

amount made available to the North Carolina Community Land 

Trust Initiative by striking ‘‘North Carolina Community Land Trust 

Initiative’’ and inserting ‘‘Orange Community Housing and Land 

Trust’’. 

The referenced statement of the managers under this heading in 

Public Law 107–73 is deemed to be amended with respect to the 

amount made available to the Willacy County Boys and Girls Club 

in Willacy County, Texas by striking ‘‘Willacy County Boys and 

Girls Club in Willacy County, Texas’’ and inserting ‘‘Willacy County, Texas’’.

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 17 by striking ‘‘for sidewalks, curbs, 

street lighting, outdoor furniture and fac ̧ade improvements in the 

Mill Village neighborhood’’ and inserting ‘‘for the restoration and 

renovation of houses within the Lincoln or Dallas mill villages’’. 

The referenced statement of the managers under this heading in 

Public Law 107–73 is deemed to be amended with respect to the 

amount made available to the Metropolitan Development Association in Syracuse, New York by inserting ‘‘and other economic development planning and revitalization activities’’ after the word 

‘‘study’’. 

The referenced statement of the managers under this heading in 

Public Law 107–73 is deemed to be amended with respect to the 

amount made available to the Staten Island Freedom Memorial 

Fund by striking ‘‘Staten Island Freedom Memorial Fund for the 

construction of a memorial in the Staten Island community of St. 

George, New York’’ and inserting ‘‘Staten Island Botanical Garden 

for construction and related activities for a healing garden’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 526 by striking ‘‘for an economic development study for the revitalization of Westchester’’ and inserting 

‘‘for the reconstruction of renaissance plaza at Main and Mamaroneck in downtown White Plains’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 877 by striking ‘‘West Virginia High 

Technology Consortium Foundation, Inc. in Marion County, West 

Virginia for facilities construction for a high-tech park’’ and inserting ‘‘Glenville State College in Glenville, West Virginia for construction of a new campus community education center’’. 

380

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 126 by striking ‘‘for construction of’’ 

and inserting ‘‘for facilities improvements and build out for’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 721 by striking ‘‘training’’ and inserting 

‘‘creation, small business development and quality of life improvements within the State of South Carolina’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 317 by striking ‘‘135,000’’ and inserting 

‘‘151,000’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 324 by striking ‘‘225,000’’ and inserting 

‘‘209,000’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 74 by striking ‘‘renovation’’ and inserting ‘‘design and construction’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 718 by striking ‘‘construction’’ and inserting ‘‘renovation’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 785 by striking ‘‘to the Town of 

Altavista, Virginia to assist with renovations of the shell building 

industrial site’’ and inserting ‘‘to the County of Campbell, Virginia 

for development of the Winston Tract Commercial Center industrial 

site’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 253 by striking ‘‘to the Salvation 

Army/Boys and Girls Club-Northfolk community center’’ and inserting ‘‘to the Salvation Army Boys and Girls Club in Louisville, Kentucky for the renovation of the Newburg community center’’.

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 288 by striking ‘‘for building renovations’’ and inserting ‘‘for signage, street furniture, sidewalks and 

streetscape improvements’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

381

with respect to item number 217 by striking ‘‘$135,000 to the Village 

of Olympia Fields, Illinois for construction of a hall, public library 

and upgraded commuter station’’ and inserting ‘‘$135,000 to the Village of Olympia Fields, Illinois, for sidewalks, street lighting, neighborhood redevelopment improvements, and building renovations’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 809 by striking ‘‘$90,000 to the Department of Vermont Veterans of Foreign Wars for the construction of 

the Green Block Veterans Memorial in Brandon, Vermont and the 

Windsor, Vermont War Memorial’’ and inserting ‘‘$90,000 to the Department of Buildings and General Services of the State of Vermont 

for the construction of the Brandon, Vermont Veterans Memorial 

and the Windsor, Vermont War Memorial’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 244 by striking ‘‘$900,000 to Purdue 

University in West Lafayette, Indiana for facilities construction for 

the Northwest Indiana Purdue Technology Center’’ and inserting 

‘‘$900,000 to Purdue Research Foundation in West Lafayette, Indiana for facilities buildout for the Northwest Indiana Purdue Technology Center’’. 

The referenced statement of the managers under this heading in 

Public Law 107–73 is deemed to be amended with respect to the 

amount made available to Connecticut Hospice, Inc. of Branford, 

Connecticut by striking ‘‘for construction of a new facility’’ and inserting ‘‘for facilities renovation and equipment upgrades’’. 

The referenced statement of the managers under this heading in 

Public Law 107–73 is deemed to be amended with respect to a grant 

made available to the United Way community services facility in 

Anchorage, Alaska by striking ‘‘the United Way community services 

facility in Anchorage, Alaska to complete construction of asocial 

service facility to serve low-income people;’’ and inserting in lieu 

thereof ‘‘the Cook Inlet Tribal Council, Inc. in Anchorage, Alaska as 

a federal contribution for construction of asocial service facility to 

serve low income people;’’. 

The referenced statement of the managers under this heading in 

title II of division K of the Consolidated Appropriations Resolution, 

2003 (Public Law 108–7; H. Rept. 108–10) is deemed to be amended 

with respect to item number 137 by striking ‘‘Wilmington Housing 

Authority’’ and inserting ‘‘City of Wilmington’’. 

URBAN DEVELOPMENT ACTION GRANTS

From balances of the Urban Development Action Grant Program, as authorized by title I of the Housing and Community Development Act of 1974, as amended, $30,000,000 are cancelled. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of guaranteed loans, $6,325,000, to remain available until September 30, 2005, as authorized by section 108 of the 

Housing and Community Development Act of 1974, as amended: 

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

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are 

available to subsidize total loan principal, any part of which is to 

be guaranteed, not to exceed $275,000,000, notwithstanding any aggregate limitation on outstanding obligations guaranteed in section 

108(k) of the Housing and Community Development Act of 1974, as 

amended. 

In addition, for administrative expenses to carry out the guaranteed loan program, $1,000,000 which shall be transferred to and 

merged with the appropriation for ‘‘Salaries and expenses’’. 

BROWNFIELDS REDEVELOPMENT

For competitive economic development grants, as authorized by 

section 108(q) of the Housing and Community Development Act of 

1974, as amended, for Brownfields redevelopment projects, 

$25,000,000, to remain available until September 30, 2005. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For the HOME investment partnerships program, as authorized 

under title II of the Cranston-Gonzalez National Affordable Housing 

Act, as amended, $1,930,000,000, to remain available until September 30, 2006: Provided, That of the total amount provided in 

this paragraph, up to $40,000,000 shall be available for housing 

counseling under section 106 of the Housing and Urban Development Act of 1968 and no less than $2,100,000 shall be transferred 

to the Working Capital Fund for the development of and modifications to information technology systems which serve programs or activities under ‘‘Community planning and development’’. 

In addition to amounts otherwise made available under this 

heading, $87,500,000, to remain available until September 30, 

2006, for assistance to homebuyers as authorized under title II of 

the Cranston-Gonzalez National Affordable Housing Act, as amended: Provided, That the Secretary shall provide such assistance in accordance with a formula to be established by the Secretary that considers, among other things, a participating jurisdiction’s need for, 

and prior commitment to, assistance to homebuyers: Provided further, That should legislation be enacted prior to April 15, 2004, to 

authorize a new down-payment assistance program under the 

HOME Investment Partnership Act, the amounts provided under 

this paragraph shall be distributed for downpayment assistance in 

accordance with the terms and conditions set forth in such Act. 

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

For the emergency shelter grants program as authorized under 

subtitle B of title IV of the McKinney-Vento Homeless Assistance 

Act, as amended; the supportive housing program as authorized 

under subtitle C of title IV of such Act; the section 8 moderate rehabilitation single room occupancy program as authorized under the 

United States Housing Act of 1937, as amended, to assist homeless 

individuals pursuant to section 441 of the McKinney-Vento HomeVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00386 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
383

less Assistance Act; and the shelter plus care program as authorized 

under subtitle F of title IV of such Act, $1,267,000,000, of which 

$1,247,000,000 to remain available until September 30, 2006, and 

of which $20,000,000 to remain available until expended: Provided, 

That not less than 30 percent of funds made available, excluding 

amounts provided for renewals under the shelter plus care program, 

shall be used for permanent housing: Provided further, That all 

funds awarded for services shall be matched by 25 percent in funding by each grantee: Provided further, That the Secretary shall 

renew on an annual basis expiring contracts or amendments to contracts funded under the shelter plus care program if the program 

is determined to be needed under the applicable continuum of care 

and meets appropriate program requirements and financial standards, as determined by the Secretary: Provided further, That all 

awards of assistance under this heading shall be required to coordinate and integrate homeless programs with other mainstream 

health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children’s Health Insurance Program, Temporary Assistance for Needy 

Families, Food Stamps, and services funding through the Mental 

Health and Substance Abuse Block Grant, Workforce Investment 

Act, and the Welfare-to-Work grant program: Provided further, That 

$12,000,000 of the funds appropriated under this heading shall be 

available for the national homeless data analysis project and technical assistance: Provided further, That no less than $2,580,000 of 

the funds appropriated under this heading shall be transferred to 

the Working Capital Fund for the development of and modifications 

to information technology systems which serve programs or activities under ‘‘Community planning and development’’. 

HOUSING PROGRAMS

HOUSING FOR THE ELDERLY

(INCLUDING TRANSFER OF FUNDS)

For capital advances, including amendments to capital advance 

contracts, for housing for the elderly, as authorized by section 202 

of the Housing Act of 1959, as amended, and for project rental assistance for the elderly under section 202(c)(2) of such Act, including 

amendments to contracts for such assistance and renewal of expiring contracts for such assistance for up to a 1-year term, and for 

supportive services associated with the housing, $778,320,000, plus 

recaptures and cancelled commitments, to remain available until 

September 30, 2006, of which amount $30,000,000 shall be for service coordinators and the continuation of existing congregate service 

grants for residents of assisted housing projects, and of which 

amount up to $25,000,000 shall be for grants under section 202b of 

the Housing Act of 1959 (12 U.S.C. 1701q–2) for conversion of eligible projects under such section to assisted living or related use and 

for emergency capital repairs as determined by the Secretary: Provided, That of the amount made available under this heading, 

$20,000,000 shall be available to the Secretary of Housing and 

Urban Development only for making competitive grants to private 

nonprofit organizations and consumer cooperatives for covering 

costs of architectural and engineering work, site control, and other 

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planning relating to the development of supportive housing for the 

elderly that is eligible for assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That no less 

than $470,000 shall be transferred to the Working Capital Fund for 

the development of and modifications to information technology systems which serve programs or activities under ‘‘Housing programs’’ 

or ‘‘Federal Housing Administration’’: Provided further, That the 

Secretary may waive the provisions of section 202 governing the 

terms and conditions of project rental assistance, except that the initial contract term for such assistance shall not exceed 5 years in duration: Provided further, That all balances outstanding, as of September 30, 2003, for capital advances, including amendments to 

capital advances, for housing for the elderly, as authorized by section 202, for project rental assistance for housing for the elderly, as 

authorized under section 202(c)(2) of such Act, including amendments to contracts shall be transferred to and merged with the 

amounts for those purposes under this heading. 

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING TRANSFER OF FUNDS)

For capital advance contracts, including amendments to capital 

advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act, for project rental assistance for supportive housing for persons with disabilities under section 811(d)(2) 

of such Act, including amendments to contracts for such assistance 

and renewal of expiring contracts for such assistance for up to a 1-

year term, and for supportive services associated with the housing 

for persons with disabilities as authorized by section 811(b)(1) of 

such Act, and for tenant-based rental assistance contracts entered 

into pursuant to section 811 of such Act, $250,570,000, plus recaptures and cancelled commitments to remain available until September 30, 2006: Provided, That no less than $470,000 shall be 

transferred to the Working Capital Fund for the development of and 

modifications to information technology systems which serve programs or activities under ‘‘Housing programs’’ or ‘‘Federal Housing 

Administration’’: Provided further, That of the amount provided 

under this heading, other than amounts for renewal of expiring 

project-based or tenant-based rental assistance contracts, the Secretary may designate up to 25 percent for tenant-based rental assistance, as authorized by section 811 of such Act, (which assistance is 

five years in duration): Provided further, That the Secretary may 

waive the provisions of section 811 governing the terms and conditions of project rental assistance and tenant-based assistance, except 

that the initial contract term for such assistance shall not exceed 

five years in duration: Provided further, That all balances outstanding, as of September 30, 2003, for capital advances, including 

amendments to capital advances, for supportive housing for persons 

with disabilities, as authorized by section 811, for project rental assistance for supportive housing for persons with disabilities, as authorized under section 811(d)(2), including amendments to contracts 

for such assistance and renewal of expiring contracts for such assistance, and for supportive services associated with the housing for 

persons with disabilities as authorized by section 811(b)(1), shall be 

385

transferred to and merged with the amounts for these purposes 

under this heading.

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS)

From the Rental Housing Assistance Fund, all uncommitted 

balances of excess rental charges as of September 30, 2003, and any 

collections made during fiscal year 2004, shall be transferred to the 

Flexible Subsidy Fund, as authorized by section 236(g) of the National Housing Act, as amended. 

RENTAL HOUSING ASSISTANCE

(RESCISSION)

Up to $303,000,000 of recaptured section 236 budget authority 

resulting from prepayment of mortgages subsidized under section 

236 of the National Housing Act (12 U.S.C. 1715z–1) shall be rescinded in fiscal year 2004: Provided, That the limitation otherwise 

applicable to the maximum payments that may be required in any 

fiscal year by all contracts entered into under section 236 is reduced 

in fiscal year 2004 by not more than $303,000,000 in uncommitted 

balances of authorizations of contract authority provided for this 

purpose in prior appropriations Acts. 

MANUFACTURED HOUSING FEES TRUST FUND

For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, as 

amended (42 U.S.C. 5401 et seq.), up to $13,000,000 to remain 

available until expended, to be derived from the Manufactured 

Housing Fees Trust Fund: Provided, That not to exceed the total 

amount appropriated under this heading shall be available from the 

general fund of the Treasury to the extent necessary to incur obligations and make expenditures pending the receipt of collections to the 

Fund pursuant to section 620 of such Act: Provided further, That 

the amount made available under this heading from the general 

fund shall be reduced as such collections are received during fiscal 

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

from the general fund estimated at not more than $0 and fees pursuant to such section 620 shall be modified as necessary to ensure 

such a final fiscal year 2004 appropriation. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

During fiscal year 2004, commitments to guarantee loans to 

carry out the purposes of section 203(b) of the National Housing Act, 

as amended, shall not exceed a loan principal of $185,000,000,000. 

During fiscal year 2004, obligations to make direct loans to 

carry out the purposes of section 204(g) of the National Housing Act, 

as amended, shall not exceed $50,000,000: Provided, That the foregoing amount shall be for loans to nonprofit and governmental entities in connection with sales of single family real properties owned 

386

by the Secretary and formerly insured under the Mutual Mortgage 

Insurance Fund. 

For administrative expenses necessary to carry out the guaranteed and direct loan program, $359,000,000, of which not to exceed 

$355,000,000 shall be transferred to the appropriation for ‘‘Salaries 

and expenses’’; and not to exceed $4,000,000 shall be transferred to 

the appropriation for ‘‘Office of Inspector General’’. In addition, for 

administrative contract expenses, $85,000,000, of which no less than 

$20,744,000 shall be transferred to the Working Capital Fund for 

the development of and modifications to information technology systems which serve programs or activities under ‘‘Housing programs’’ 

or ‘‘Federal Housing Administration’’: Provided, That to the extent 

guaranteed loan commitments exceed $65,500,000,000 on or before 

April 1, 2004, an additional $1,400 for administrative contract expenses shall be available for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any 

amount below $1,000,000), but in no case shall funds made available by this proviso exceed $30,000,000. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost of guaranteed loans, as authorized by sections 238 

and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 

1735c), including the cost of loan guarantee modifications, as that 

term is defined in section 502 of the Congressional Budget Act of 

1974, as amended, $15,000,000, to remain available until expended: 

Provided, That these funds are available to subsidize total loan 

principal, any part of which is to be guaranteed, of up to 

$25,000,000,000. 

Gross obligations for the principal amount of direct loans, as 

authorized by sections 204(g), 207(l), 238, and 519(a) of the National Housing Act, shall not exceed $50,000,000, of which not to exceed $30,000,000 shall be for bridge financing in connection with 

the sale of multifamily real properties owned by the Secretary and 

formerly insured under such Act; and of which not to exceed 

$20,000,000 shall be for loans to nonprofit and governmental entities in connection with the sale of single-family real properties 

owned by the Secretary and formerly insured under such Act. 

In addition, for administrative expenses necessary to carry out 

the guaranteed and direct loan programs, $229,000,000, of which 

$209,000,000 shall be transferred to the appropriation for ‘‘Salaries 

and expenses’’; and of which $20,000,000 shall be transferred to the 

appropriation for ‘‘Office of Inspector General’’.

In addition, for administrative contract expenses necessary to 

carry out the guaranteed and direct loan programs, $93,780,000, of 

which no less than $16,946,000 shall be transferred to the Working 

Capital Fund for the development of and modifications to information technology systems which serve programs or activities under 

‘‘Housing programs’’ or ‘‘Federal Housing Administration’’: Provided, That to the extent guaranteed loan commitments exceed 

$8,426,000,000 on or before April 1, 2004, an additional $1,980 for 

administrative contract expenses shall be available for each 

$1,000,000 in additional guaranteed loan commitments over 

$8,426,000,000 (including a pro rata amount for any increment 

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below $1,000,000), but in no case shall funds made available by this 

proviso exceed $14,400,000. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

New commitments to issue guarantees to carry out the purposes 

of section 306 of the National Housing Act, as amended (12 U.S.C. 

1721(g)), shall not exceed $200,000,000,000, to remain available 

until September 30, 2005. 

For administrative expenses necessary to carry out the guaranteed mortgage-backed securities program, $10,695,000, to be derived 

from the GNMA guarantees of mortgage-backed securities guaranteed loan receipt account, of which not to exceed $10,695,000, shall 

be transferred to the appropriation for ‘‘Salaries and expenses’’. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and 

Urban Development Act of 1970, as amended (12 U.S.C. 1701z–1 et 

seq.), including carrying out the functions of the Secretary under 

section 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $47,000,000, 

to remain available until September 30, 2005: Provided, That of the 

total amount provided under this heading, $7,500,000 shall be for 

the Partnership for Advancing Technology in Housing (PATH) Initiative. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968, 

as amended by the Fair Housing Amendments Act of 1988, and section 561 of the Housing and Community Development Act of 1987, 

as amended, $48,000,000, to remain available until September 30, 

2005, of which $20,250,000 shall be to carry out activities pursuant 

to such section 561: Provided, That no funds made available under 

this heading shall be used to lobby the executive or legislative 

branches of the Federal Government in connection with a specific 

contract, grant or loan. 

OFFICE OF LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction 

Act of 1992, $175,000,000, to remain available until September 30, 

2005, of which $10,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban 

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Development Act of 1970 that shall include research, studies, testing, and demonstration efforts, including education and outreach 

concerning lead-based paint poisoning and other housing-related 

diseases and hazards: Provided, That of the total amount made 

available under this heading, $50,000,000 shall be made available 

on a competitive basis for areas with the highest lead paint abatement needs, as identified by the Secretary as having: (1) the highest 

number of occupied pre-1940 units of rental housing; and (2) a disproportionately high number of documented cases of lead-poisoned 

children: Provided further, That each grantee receiving funds under 

the previous proviso shall target those privately owned units and 

multifamily buildings that are occupied by low-income families as 

defined under section 3(b)(2) of the United States Housing Act of 

1937: Provided further, That not less than 90 percent of the funds 

made available under this paragraph shall be used exclusively for 

abatement, inspections, risk assessments, temporary relocations and 

interim control of lead-based hazards as defined by 42 U.S.C. 4851: 

Provided further, That each recipient of funds provided under the 

first proviso shall make a matching contribution in an amount not 

less than 25 percent: Provided further, That each applicant shall 

submit a detailed plan and strategy that demonstrates adequate capacity that is acceptable to the Secretary to carry out the proposed 

use of funds pursuant to a Notice of Funding Availability. 

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary administrative and non-administrative expenses 

of the Department of Housing and Urban Development, not otherwise provided for, including purchase of uniforms, or allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; hire of passenger 

motor vehicles; services as authorized by 5 U.S.C. 3109; and not to 

exceed $25,000 for official reception and representation expenses, 

$1,123,130,000, of which $564,000,000 shall be provided from the 

various funds of the Federal Housing Administration, $10,695,000 

shall be provided from funds of the Government National Mortgage 

Association, $1,000,000 shall be provided from the ‘‘Community development loan guarantees program’’ account, $150,000 shall be 

provided by transfer from the ‘‘Native American housing block 

grants’’ account, $250,000 shall be provided by transfer from the 

‘‘Indian housing loan guarantee fund program’’ account and 

$35,000 shall be transferred from the ‘‘Native Hawaiian housing 

loan guarantee fund’’ account: Provided, That funds made available 

under this heading shall only be allocated in the manner specified 

in the report accompanying this Act unless the Committees on Appropriations of both the House of Representatives and the Senate 

are notified of any changes in an operating plan or reprogramming: 

Provided further, That no official or employee of the Department 

shall be designated as an allotment holder unless the Office of the 

Chief Financial Officer (OCFO) has determined that such allotment 

holder has implemented an adequate system of funds control and 

has received training in funds control procedures and directives: 

Provided further, That the Chief Financial Officer shall establish 

389

positive control of and maintain adequate systems of accounting for 

appropriations and other available funds as required by 31 U.S.C. 

1514: Provided further, That for purposes of funds control and determining whether a violation exists under the Anti-Deficiency Act 

(31 U.S.C. 1341 et seq.), the point of obligation shall be the executed 

agreement or contract, except with respect to insurance and guarantee programs, certain types of salaries and expenses funding, and 

incremental funding that is authorized under an executed agreement or contract, and shall be designated in the approved funds 

control plan: Provided further, That the Chief Financial Officer 

shall: (a) appoint qualified personnel to conduct investigations of 

potential or actual violations; (b) establish minimum training requirements and other qualifications for personnel that may be appointed to conduct investigations; (c) establish guidelines and timeframes for the conduct and completion of investigations; (d) prescribe the content, format and other requirements for the submission 

of final reports on violations; and (e) prescribe such additional policies and procedures as may be required for conducting investigations of, and administering, processing, and reporting on, potential 

and actual violations of the Anti-Deficiency Act and all other statutes and regulations governing the obligation and expenditure of 

funds made available in this or any other Act: Provided further, 

That the Secretary shall fill 7 out of 10 vacancies at the GS–14 and 

GS–15 levels until the total number of GS–14 and GS–15 positions 

in the Department has been reduced from the number of GS–14 and 

GS–15 positions on the date of enactment of Public Law 106–377 by 

21⁄2 percent. 

The tenth proviso under this heading in the Departments of 

Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2003, is amended by striking 

‘‘the purpose of’’ and inserting ‘‘purposes of funds control and’’ and 

before the colon insert the following ‘‘, except with respect to insurance and guarantee programs, certain types of salaries and expenses 

funding, and incremental funding that is authorized under an executed agreement or contract’’. 

WORKING CAPITAL FUND

For additional capital for the Working Capitol Fund (42 U.S.C. 

3535) for the development of, modifications to, and infrastructure 

for Department-wide information technology systems, and for the 

continuing operation of both Department-wide and program-specific 

information systems, $235,000,000, to remain available until September 30, 2005: Provided, That any amounts transferred to this 

Fund under this Act shall remain available until expended. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, 

$101,000,000, of which $24,000,000 shall be provided from the various funds of the Federal Housing Administration: Provided, That 

the Inspector General shall have independent authority over all personnel issues within this office: Provided further, That no less than 

$300,000 shall be transferred to the Working Capital Fund for the 

390

development of and modifications to information technology systems 

for the Office of Inspector General. 

CONSOLIDATED FEE FUND

(RESCISSION)

All unobligated balances remaining available from fees and 

charges under section 7(j) of the Department of Housing and Urban 

Development Act on October 1, 2003 are rescinded. 

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For carrying out the Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992, including not to exceed $500 for 

official reception and representation expenses, $39,915,000, to remain available until expended, to be derived from the Federal Housing Enterprises Oversight Fund: Provided, That of the amount 

made available under this heading, $4,500,000 is for one-time costs 

to conduct special investigations of the federal housing enterprises 

and $3,000,000 is for costs associated with strengthening the examination and legal functions: Provided further, That the Secretary 

shall submit a spending plan for the amounts provided under this 

heading no later than January 15, 2004: Provided further, That not 

less than 60 percent of total amount made available under this 

heading shall be used only for examination, supervision, and capital oversight of the enterprises (as such term is defined in section 

1303 of the Federal Housing Enterprises Financial Safety and 

Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are operating in a financially safe and sound manner and 

complying with the capital requirements under Subtitle B of such 

Act: Provided further, That not to exceed the amount provided herein shall be available from the general fund of the Treasury to the 

extent necessary to incur obligations and make expenditures pending the receipt of collections to the Fund: Provided further, That the 

general fund amount shall be reduced as collections are received 

during the fiscal year so as to result in a final appropriation from 

the general fund estimated at not more than $0. 

ADMINISTRATIVE PROVISIONS

SEC. 201. Fifty percent of the amounts of budget authority, or 

in lieu thereof 50 percent of the cash amounts associated with such 

budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance 

Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded, 

or in the case of cash, shall be remitted to the Treasury, and such 

amounts of budget authority or cash recaptured and not rescinded 

or remitted to the Treasury shall be used by State housing finance 

agencies or local governments or local housing agencies with 

projects approved by the Secretary of Housing and Urban Development for which settlement occurred after January 1, 1992, in accordance with such section. Notwithstanding the previous sentence, 

the Secretary may award up to 15 percent of the budget authority 

391

or cash recaptured and not rescinded or remitted to the Treasury to 

provide project owners with incentives to refinance their project at 

a lower interest rate. 

SEC. 202. None of the amounts made available under this Act 

may be used during fiscal year 2004 to investigate or prosecute 

under the Fair Housing Act any otherwise lawful activity engaged 

in by one or more persons, including the filing or maintaining of a 

non-frivolous legal action, that is engaged in solely for the purpose 

of achieving or preventing action by a Government official or entity, 

or a court of competent jurisdiction. 

SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS 

Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any 

amounts made available under this title for fiscal year 2004 that 

are allocated under such section, the Secretary of Housing and 

Urban Development shall allocate and make a grant, in the amount 

determined under subsection (b), for any State that—

(1) received an allocation in a prior fiscal year under clause 

(ii) of such section; and 

(2) is not otherwise eligible for an allocation for fiscal year 

2004 under such clause (ii) because the areas in the State outside of the metropolitan statistical areas that qualify under 

clause (i) in fiscal year 2004 do not have the number of cases 

of acquired immunodeficiency syndrome (AIDS) required under 

such clause. 

(b) The amount of the allocation and grant for any State described in subsection (a) shall be an amount based on the cumulative number of AIDS cases in the areas of that State that are outside of metropolitan statistical areas that qualify under clause (i) of 

such section 854(c)(1)(A) in fiscal year 2004, in proportion to AIDS 

cases among cities and States that qualify under clauses (i) and (ii) 

of such section and States deemed eligible under subsection (a). 

SEC. 204. (a) During fiscal year 2004, in the provision of rental 

assistance under section 8(o) of the United States Housing Act of 

1937 (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the economy and effectiveness of providing such assistance 

for use in assisted living facilities that is carried out in the counties 

of the State of Michigan specified in subsection (b) of this section, 

notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), 

a family residing in an assisted living facility in any such county, 

on behalf of which a public housing agency provides assistance pursuant to section 8(o)(18) of such Act, may be required, at the time 

the family initially receives such assistance, to pay rent in an 

amount exceeding 40 percent of the monthly adjusted income of the 

family by such a percentage or amount as the Secretary of Housing 

and Urban Development determines to be appropriate. 

(b) The counties specified in this subsection are Oakland County, Macomb County, Wayne County, and Washtenaw County, in the 

State of Michigan. 

SEC. 205. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of 

this Act shall be made on a competitive basis and in accordance 

with section 102 of the Department of Housing and Urban Development Reform Act of 1989. 

SEC. 206. Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or secVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00395 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
392

tion 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services 

on a contract or fee basis, and for utilizing and making payment 

for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home 

Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and 

any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811–1831). 

SEC. 207. Unless otherwise provided for in this Act or through 

a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for 

any program, project or activity in excess of amounts set forth in the 

budget estimates submitted to Congress. 

SEC. 208. Corporations and agencies of the Department of 

Housing and Urban Development which are subject to the Government Corporation Control Act, as amended, are hereby authorized 

to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and 

in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for 2003 for such corporation or agency except as hereinafter provided: Provided, That collections of these 

corporations and agencies may be used for new loan or mortgage 

purchase commitments only to the extent expressly provided for in 

this Act (unless such loans are in support of other forms of assistance provided for in this or prior appropriations Acts), except that 

this proviso shall not apply to the mortgage insurance or guaranty 

operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United 

States Government. 

SEC. 209. None of the funds provided in this title for technical 

assistance, training, or management improvements may be obligated or expended unless HUD provides to the Committees on Appropriations a description of each proposed activity and a detailed 

budget estimate of the costs associated with each program, project 

or activity as part of the Budget Justifications. For fiscal year 2004, 

HUD shall transmit this information to the Committees by January 

15, 2004 for 30 days of review. 

SEC. 210. A public housing agency or such other entity that administers Federal housing assistance in the states of Alaska, Iowa, 

and Mississippi shall not be required to include a resident of public 

housing or a recipient of assistance provided under section 8 of the 

United States Housing Act of 1937 on the board of directors or a 

similar governing board of such agency or entity as required under 

section (2)(b) of such Act. Each public housing agency or other entity 

that administers Federal housing assistance under section 8 in the 

states of Alaska, Iowa and Mississippi shall establish an advisory 

board of not less than 6 residents of public housing or recipients of 

section 8 assistance to provide advice and comment to the public 

housing agency or other administering entity on issues related to 

public housing and section 8. Such advisory board shall meet not 

less than quarterly. 

393

SEC. 211. The Secretary of Housing and Urban Development 

shall provide quarterly reports to the House and Senate Committees 

on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated 

budget information to these Committees upon request. 

SEC. 212. Notwithstanding any other provision of law, in fiscal 

year 2004, in managing and disposing of any multifamily property 

that is owned or held by the Secretary and is occupied primarily by 

elderly or disabled families, the Secretary of Housing and Urban 

Development shall maintain any rental assistance payments under 

section 8 of the United States Housing Act of 1937 that are attached 

to any dwelling units in the property. To the extent the Secretary determines that such a multifamily property owned or held by the Secretary is not feasible for continued rental assistance payments under 

such section 8, the Secretary may, in consultation with the tenants 

of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties 

or provide other rental assistance. 

SEC. 213. The Secretary of Housing and Urban Development 

shall submit an annual report no later than August 30, 2004 and 

annually thereafter to the House and Senate Committees on Appropriations regarding the number of Federally assisted units under 

lease and the per unit cost of these units to the Department of Housing and Urban Development. 

SEC. 214. (a) Notwithstanding any other provision of law, the 

amount allocated for fiscal year 2004 under section 854(c) of the 

AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 

Wilmington, Delaware, on behalf of the Wilmington, DelawareMaryland-New Jersey Metropolitan Division (hereafter ‘‘metropolitan division’’) of the Philadelphia-Camden-Wilmington, PA-NJ-DEMD Metropolitan Statistical Area, shall be adjusted by the Secretary of Housing and Urban Development by allocating to the State 

of New Jersey the proportion of the metropolitan area’s or division’s 

amount that is based on the number of cases of AIDS reported in 

the portion of the metropolitan area or division that is located in 

New Jersey. The State of New Jersey shall use amounts allocated 

to the State under this subsection to carry out eligible activities 

under section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 

12904) in the portion of the metropolitan division that is located in 

New Jersey. 

(b) Notwithstanding any other provision of law, the Secretary of 

Housing and Urban Development shall allocate to Wake County, 

North Carolina, the amounts that otherwise would be allocated for 

fiscal year 2004 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan 

Statistical Area. Any amounts allocated to Wake County shall be 

used to carry out eligible activities under section 855 of such Act (42 

U.S.C. 12904) within such metropolitan statistical area. 

SEC. 215. Section 224 of the National Housing Act (12 U.S.C. 

1735o) is amended by adding the following new sentence at the end 

of the first paragraph: ‘‘Notwithstanding the preceding sentence and 

the following paragraph, if an insurance claim is paid in cash for 

any mortgage that is insured under section 203 or 234 of this Act 

394

and is endorsed for mortgage insurance after the date of enactment 

of this sentence, the debenture interest rate for purposes of calculating such a claim shall be the monthly average yield, for the 

month in which the default on the mortgage occurred, on United 

States Treasury Securities adjusted to a constant maturity of ten 

years.’’. 

SEC. 216. The McKinney-Vento Homeless Assistance Act (42 

U.S.C. 11301 et seq.) is amended—

(1) in section 101(b), by striking ‘‘Interagency Council on 

the Homeless’’ and inserting ‘‘United States Interagency Council 

on Homelessness’’; 

(2) in section 102(b)(1), by striking ‘‘an Interagency Council 

on the Homeless’’ and inserting ‘‘the United States Interagency 

Council on Homelessness’’; 

(3) in the heading for title II, by striking ‘‘INTERAGENCY 

COUNCIL ON THE HOMELESS’’ and inserting ‘‘UNITED 

STATES INTERAGENCY COUNCIL ON HOMELESSNESS’’; 

and 

(4) in sections 201, 207(1), 501(c)(2)(a), and 501(d)(3), by 

striking ‘‘Interagency Council on the Homeless’’ and inserting 

‘‘United States Interagency Council on Homelessness’’. 

SEC. 217. (a) INFORMATION COMPARISONS FOR PUBLIC AND AS- SISTED HOUSING PROGRAMS.—Section 453(j) of the Social Security 

Act (42 U.S.C. 653(j)) is amended by adding at the end the following new paragraph: 

‘‘(7) INFORMATION COMPARISONS FOR HOUSING ASSISTANCE

PROGRAMS.—

‘‘(A) FURNISHING OF INFORMATION BY HUD.—Subject to 

subparagraph (G), the Secretary of Housing and Urban Development shall furnish to the Secretary, on such periodic 

basis as determined by the Secretary of Housing and Urban 

Development in consultation with the Secretary, information in the custody of the Secretary of Housing and Urban 

Development for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals who are 

participating in any program under—

‘‘(i) the United States Housing Act of 1937 (42 

U.S.C. 1437 et seq.); 

‘‘(ii) section 202 of the Housing Act of 1959 (12 

U.S.C. 1701q); 

‘‘(iii) section 221(d)(3), 221(d)(5), or 236 of the National Housing Act (12 U.S.C. 1715l(d) and 1715z–1); 

‘‘(iv) section 811 of the Cranston-Gonzalez National 

Affordable Housing Act (42 U.S.C. 8013); or 

‘‘(v) section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s). 

‘‘(B) REQUIREMENT TO SEEK MINIMUM INFORMATION.—

The Secretary of Housing and Urban Development shall 

seek information pursuant to this section only to the extent 

necessary to verify the employment and income of individuals described in subparagraph (A). 

‘‘(C) DUTIES OF THE SECRETARY.—

‘‘(i) INFORMATION DISCLOSURE.—The Secretary, in 

cooperation with the Secretary of Housing and Urban 

395

Development, shall compare information in the National Directory of New Hires with information provided by the Secretary of Housing and Urban Development with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Secretary of 

Housing and Urban Development, in accordance with 

this paragraph, for the purposes specified in this paragraph. 

‘‘(ii) CONDITION ON DISCLOSURE.—The Secretary 

shall make disclosures in accordance with clause (i) 

only to the extent that the Secretary determines that 

such disclosures do not interfere with the effective operation of the program under this part. 

‘‘(D) USE OF INFORMATION BY HUD.—The Secretary of 

Housing and Urban Development may use information resulting from a data match pursuant to this paragraph 

only—

‘‘(i) for the purpose of verifying the employment 

and income of individuals described in subparagraph 

(A); and 

‘‘(ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting 

of individuals described in subparagraph (A). 

‘‘(E) DISCLOSURE OF INFORMATION BY HUD.— ‘‘(i) PURPOSE OF DISCLOSURE.—The Secretary of 

Housing and Urban Development may make a disclosure under this subparagraph only for the purpose of 

verifying the employment and income of individuals 

described in subparagraph (A). 

‘‘(ii) DISCLOSURES PERMITTED.—Subject to clause 

(iii), the Secretary of Housing and Urban Development 

may disclose information resulting from a data match 

pursuant to this paragraph only to a public housing 

agency, the Inspector General of the Department of 

Housing and Urban Development, and the Attorney 

General in connection with the administration of a program described in subparagraph (A). Information obtained by the Secretary of Housing and Urban Development pursuant to this paragraph shall not be made 

available under section 552 of title 5, United States 

Code. 

‘‘(iii) CONDITIONS ON DISCLOSURE.—Disclosures 

under this paragraph shall be—

‘‘(I) made in accordance with data security 

and control policies established by the Secretary of 

Housing and Urban Development and approved by 

the Secretary; 

‘‘(II) subject to audit in a manner satisfactory 

to the Secretary; and 

‘‘(III) subject to the sanctions under subsection 

(l)(2). 

‘‘(iv) ADDITIONAL DISCLOSURES.—

‘‘(I) DETERMINATION BY SECRETARIES.—The 

Secretary of Housing and Urban Development and 

396

the Secretary shall determine whether to permit 

disclosure of information under this paragraph to 

persons or entities described in subclause (II), 

based on an evaluation made by the Secretary of 

Housing and Urban Development (in consultation 

with and approved by the Secretary), of the costs 

and benefits of disclosures made under clause (ii) 

and the adequacy of measures used to safeguard 

the security and confidentiality of information so 

disclosed. 

‘‘(II) PERMITTED PERSONS OR ENTITIES.—If the 

Secretary of Housing and Urban Development and 

the Secretary determine pursuant to subclause (I) 

that disclosures to additional persons or entities 

shall be permitted, information under this paragraph may be disclosed by the Secretary of Housing and Urban Development to a private owner, a 

management agent, and a contract administrator 

in connection with the administration of a program described in subparagraph (A), subject to the 

conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. 

‘‘(v) RESTRICTIONS ON REDISCLOSURE.—A person or 

entity to which information is disclosed under this subparagraph may use or disclose such information only 

as needed for verifying the employment and income of 

individuals described in subparagraph (A), subject to 

the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. 

‘‘(F) REIMBURSEMENT OF HHS COSTS.—The Secretary of 

Housing and Urban Development shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph.

‘‘(G) CONSENT.—The Secretary of Housing and Urban 

Development shall not seek, use, or disclose information 

under this paragraph relating to an individual without the 

prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual).’’. 

(b) CONSENT TO INFORMATION COMPARISON AND USE AS CONDITION OF HUD PROGRAM ELIGIBILITY.—As a condition of participating in any program authorized under—

(1) the United States Housing Act of 1937 (42 U.S.C. 1437 

et seq.); 

(2) section 202 of the Housing Act of 1959 (12 U.S.C. 

1701q); 

(3) section 221(d)(3), 221(d)(5), or 236 of the National 

Housing Act (12 U.S.C. 1715l(d) and 1715z–1); 

(4) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or 

(5) section 101 of the Housing and Urban Development Act 

of 1965 (12 U.S.C. 1701s), 

the Secretary of Housing and Urban Development may require consent by an individual (or by a person legally authorized to consent 

on behalf of such individual) for such Secretary to obtain, use, and 

397

disclose information with respect to such individual in accordance 

with section 453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)). 

SEC. 218. Notwithstanding any other provision of law, the State 

of Hawaii may elect by July 31, 2004 to distribute funds under section 106(d)(2) of the Housing and Community Development Act of 

1974, to units of general local government located in nonentitlement 

areas of that State. If the State of Hawaii fails to make such election, the Secretary shall for fiscal years 2005 and thereafter make 

grants to the units of general local government located in the State 

of Hawaii’s nonentitlement areas (Hawaii, Kauai, and Maui counties). The Secretary of Housing and Urban Development shall allocate funds under section 106(d) of such Act to units of general local 

government located in nonentitlement areas within the State of Hawaii in accordance with a formula which bears the same ratio to 

the total amount available for the nonentitlement areas of the State 

as the weighted average of the ratios between (1) the population of 

that eligible unit of general local government and the population of 

all eligible units of general local government in the nonentitlement 

areas of the State; (2) the extent of poverty in that eligible unit of 

general local government and the extent of poverty in all of the eligible units of general local government in the nonentitlement areas of 

the State; and (3) the extent of housing overcrowding in that eligible 

unit of general local government and the extent of housing overcrowding in all of the eligible units of general local government in 

the nonentitlement areas of the State. In determining the weighted 

average of the ratios described in the previous sentence, the ratio described in clause (2) shall be counted twice and the ratios described 

in clauses (1) and (3) shall be counted once. Notwithstanding any 

other provision, grants made under this section shall be subject to 

the program requirements of section 104 of the Housing and Community Development Act of 1974 in the same manner as such requirements are made applicable to grants made under section 

106(b) of the Housing and Community Development Act of 1974. 

SEC. 219. The Secretary of Housing and Urban Development 

shall issue a proposed rulemaking, in accordance with Title V, 

United States Code, not later than 90 days from the date of enactment of this Act that—

(1) addresses and expands, as necessary, the participation 

and certification requirements for the sale of HUD-owned multifamily housing projects and the foreclosure sale of any multifamily housing securing a mortgage held by the Secretary, including whether a potential purchaser is in substantial compliance with applicable state or local government housing statutes, 

regulations, ordinances and codes with regard to other properties owned by the purchaser; and 

(2) requires any state, city, or municipality that exercises its 

right of first refusal for the purchase of a multifamily housing 

project under section 203 of the Housing and Community Development Amendments of 1978 (12 U.S.C. 1701z–11(i)) to ensure 

that potential purchasers of the project from the state, city, or 

municipality are subject to the same standards that they would 

otherwise be subject to if they had purchased the project directly 

from the Secretary, including whether a potential purchaser is 

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398

ment housing statutes, regulations, ordinances and codes with 

regard to other properties owned by the purchaser. 

SEC. 220. Section 217 of Public Law 107–73 is amended by 

striking ‘‘the rehabilitation’’ and inserting in lieu thereof: ‘‘redevelopment, including demolition and new construction’’. 

SEC. 221. Notwithstanding any other provision of law, funds 

appropriated for the housing for the elderly, as authorized by section 202 of the Housing Act of 1959, as amended, and for supportive 

housing for persons with disabilities, as authorized by section 811 

of the Cranston-Gonzalez National Affordable Housing Act, shall be 

available for the cost of maintaining and disposing of such properties that are acquired or otherwise become the responsibility of the 

Department. 

SEC. 222. The Secretary of Housing and Urban Development 

shall conduct negotiated rulemaking with representatives from interested parties for purposes of any changes to the formula governing the Public Housing Operating Fund. A final rule shall be 

issued no later than July 1, 2004. 

SEC. 223. The Department of Housing and Urban Development 

shall submit the Department’s fiscal year 2005 congressional budget 

justifications to the Committees on Appropriations of the House of 

Representatives and the Senate using the identical structure provided under this Act and only in accordance with the direction included in the joint explanatory statement of the managers accompanying this Act. 

TITLE III—INDEPENDENT AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of 

land or interest in land in foreign countries; purchases and repair 

of uniforms for caretakers of national cemeteries and monuments 

outside of the United States and its territories and possessions; rent 

of office and garage space in foreign countries; purchase (one for replacement only) and hire of passenger motor vehicles; and insurance 

of official motor vehicles in foreign countries, when required by law 

of such countries, $41,300,000, to remain available until expended. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant to 

section 112(r)(6) of the Clean Air Act, as amended, including hire 

of passenger vehicles, uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C. 

3109 but at rates for individuals not to exceed the per diem equivalent to the maximum rate payable for senior level positions under 

5 U.S.C. 5376, $8,250,000: Provided, That the Chemical Safety and 

Hazard Investigation Board (Board) shall have not more than three 

career Senior Executive Service positions: Provided further, That 

notwithstanding any other provision of law, the individual appointed to the position of Inspector General of the Environmental 

399

Protection Agency (EPA) shall, by virtue of such appointment, also 

hold the position of Inspector General of the Board: Provided further, That notwithstanding any other provision of law, the Inspector 

General of the Board shall utilize personnel of the Office of Inspector General of EPA in performing the duties of the Inspector General of the Board, and shall not appoint any individuals to positions 

within the Board. 

EMERGENCY FUND

For necessary expenses of the Chemical Safety and Hazard Investigation Board for accident investigations not otherwise provided 

for, $450,000, to remain available until expended. 

DEPARTMENT OF THE TREASURY

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

To carry out the Community Development Banking and Financial Institutions Act of 1994, including services authorized by 5 

U.S.C. 3109, but at rates for individuals not to exceed the per diem 

rate equivalent to the rate for ES–3, $61,000,000, to remain available until September 30, 2005, of which $4,000,000 shall be for financial assistance, technical assistance, training and outreach programs designed to benefit Native American, Native Hawaiian, and 

Alaskan Native communities and provided primarily through qualified community development lender organizations with experience 

and expertise in community development banking and lending in 

Indian country, Native American organizations, tribes and tribal organizations and other suitable providers, and up to $12,000,000 

may be used for administrative expenses, including administration 

of the New Markets Tax Credit, up to $6,000,000 may be used for 

the cost of direct loans, and up to $250,000 may be used for administrative expenses to carry out the direct loan program: Provided, 

That the cost of direct loans, including the cost of modifying such 

loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That these funds are 

available to subsidize gross obligations for the principal amount of 

direct loans not to exceed $11,000,000. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 

the per diem rate equivalent to the maximum rate payable under 5 

U.S.C. 5376, purchase of nominal awards to recognize non-Federal 

officials’ contributions to Commission activities, and not to exceed 

$500 for official reception and representation expenses, $60,000,000.

400

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING

EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for the Corporation for National and 

Community Service (the ‘‘Corporation’’) in carrying out programs, 

activities, and initiatives under the National and Community Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.), $553,225,000, 

to remain available until September 30, 2005: Provided, That not 

more than $314,000,000 of the amount provided under this heading 

shall be available for grants under the National Service Trust Program authorized under subtitle C of title I of the Act (42 U.S.C. 

12571 et seq.) (relating to activities of the AmeriCorps program), including grants to organizations operating projects under the 

AmeriCorps Education Awards Program (without regard to the requirements of sections 121(d) and (e), section 131(e), section 132, 

and sections 140(a), (d), and (e) of the Act): Provided further, That 

not less than $130,000,000 of the amount provided under this heading, to remain available without fiscal year limitation, shall be 

transferred to the National Service Trust for educational awards 

authorized under subtitle D of title I of the Act (42 U.S.C. 12601), 

of which up to $5,000,000 shall be available to support national 

service scholarships for high school students performing community 

service, and of which $10,000,000 shall be held in reserve as defined 

in Public Law 108–45: Provided further, That in addition to 

amounts otherwise provided to the National Service Trust under the 

second proviso, the Corporation may transfer funds from the 

amount provided under the first proviso, to the National Service 

Trust authorized under subtitle D of title I of the Act (42 U.S.C. 

12601) upon determination that such transfer is necessary to support the activities of national service participants and after notice 

is transmitted to Congress: Provided further, That of the amount 

provided under this heading for grants under the National Service 

Trust program authorized under subtitle C of title I of the Act, not 

more than $55,000,000 may be used to administer, reimburse, or 

support any national service program authorized under section 

121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided further, 

That not more than $11,225,000 shall be available for quality and 

innovation activities authorized under subtitle H of title I of the Act 

(42 U.S.C. 12853 et seq.), of which $3,000,000 shall be available for 

challenge grants to non-profit organizations: Provided further, That 

notwithstanding subtitle H of title I of the Act (42 U.S.C. 12853), 

none of the funds provided under the previous proviso shall be used 

to support salaries and related expenses (including travel) attributable to Corporation employees: Provided further, That to the maximum extent feasible, funds appropriated under subtitle C of title I 

of the Act shall be provided in a manner that is consistent with the 

recommendations of peer review panels in order to ensure that priority is given to programs that demonstrate quality, innovation, 

replicability, and sustainability: Provided further, That not less 

than $25,000,000 of the funds made available under this heading 

shall be available for the Civilian Community Corps authorized 

under subtitle E of title I of the Act (42 U.S.C. 12611 et seq.): ProVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00404 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
401

vided further, That not more than $43,000,000 shall be available 

for school-based and community-based service-learning programs 

authorized under subtitle B of title I of the Act (42 U.S.C. 12521 et 

seq.): Provided further, That not more than $3,000,000 shall be 

available for audits and other evaluations authorized under section 

179 of the Act (42 U.S.C. 12639): Provided further, That not more 

than $10,000,000 of the funds made available under this heading 

shall be made available for the Points of Light Foundation for activities authorized under title III of the Act (42 U.S.C. 12661 et 

seq.), of which not more than $2,500,000 may be used to support an 

endowment fund, the corpus of which shall remain intact and the 

interest income from which shall be used to support activities described in title III of the Act, provided that the Foundation may invest the corpus and income in federally insured bank savings accounts or comparable interest bearing accounts, certificates of deposit, money market funds, mutual funds, obligations of the United 

States, and other market instruments and securities but not in real 

estate investments: Provided further, That no funds shall be available for national service programs run by Federal agencies authorized under section 121(b) of such Act (42 U.S.C. 12571(b)): Provided 

further, That not more than $5,000,000 of the funds made available 

under this heading shall be made available to America’s Promise—

The Alliance for Youth, Inc.: Provided further, That to the maximum extent practicable, the Corporation shall increase significantly the level of matching funds and in-kind contributions provided by the private sector, and shall reduce the total Federal costs 

per participant in all programs. 

SALARIES AND EXPENSES

For necessary expenses of administration as provided under section 501(a)(4) of the National and Community Service Act of 1990 

(42 U.S.C. 12501 et seq.) including payment of salaries, authorized 

travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, the employment of experts and 

consultants authorized under 5 U.S.C. 3109, and not to exceed 

$2,500 for official reception and representation expenses, 

$25,000,000.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, 

$6,250,000, to remain available until September 30, 2005. 

ADMINISTRATIVE PROVISIONS

Notwithstanding any other provision of law, the term ‘‘qualified 

student loan’’ with respect to national service education awards 

shall mean any loan determined by an institution of higher education to be necessary to cover a student’s cost of attendance at such 

institution and made, insured, or guaranteed directly to a student 

by a State agency, in addition to other meanings under section 

148(b)(7) of the National and Community Service Act. 

Notwithstanding any other provision of law, funds made available under section 129(d)(5)(B) of the National and Community 

Service Act to assist entities in placing applicants who are individVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00405 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
402

uals with disabilities may be provided to any entity that receives a 

grant under section 121 of the Act. 

The Inspector General of the Corporation for National and 

Community Service shall conduct random audits of the grantees 

that administer activities under the AmeriCorps programs and 

shall levy sanctions in accordance with standard Inspector General 

audit resolution procedures which include, but are not limited to, 

debarment of any grantee (or successor in interest or any entity with 

substantially the same person or persons in control) that has been 

determined to have committed any substantial violations of the requirements of the AmeriCorps programs, including any grantee that 

has been determined to have violated the prohibition of using Federal funds to lobby the Congress: Provided, That the Inspector General shall obtain reimbursements in the amount of any misused 

funds from any grantee that has been determined to have committed 

any substantial violations of the requirements of the AmeriCorps 

programs. 

For fiscal year 2004, the Corporation shall make any significant changes to program requirements or policy only through public 

notice and comment rulemaking. For fiscal year 2004, during any 

grant selection process, no officer or employee of the Corporation 

shall knowingly disclose any covered grant selection information regarding such selection, directly or indirectly, to any person other 

than an officer or employee of the Corporation that is authorized by 

the Corporation to receive such information. 

U.S. COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by 38 U.S.C. 

7251–7298, $15,938,000 of which $1,175,000 shall be available for 

the purpose of providing financial assistance as described, and in 

accordance with the process and reporting procedures set forth, 

under this heading in Public Law 102–229. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, 

operation, and improvement of Arlington National Cemetery and 

Soldiers’ and Airmen’s Home National Cemetery, including the purchase of one passenger motor vehicle for replacement only, and not 

to exceed $1,000 for official reception and representation expenses, 

$29,000,000, to remain available until expended. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section 

403

311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and section 126(g) of 

the Superfund Amendments and Reauthorization Act of 1986, 

$78,774,000. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

For necessary expenses for the Agency for Toxic Substances and 

Disease Registry (ATSDR) in carrying out activities set forth in sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended; section 118(f) of the Superfund Amendments and Reauthorization Act of 1986 (SARA), as amended; and 

section 3019 of the Solid Waste Disposal Act, as amended, 

$73,467,000, which may be derived to the extent funds are available 

from the Hazardous Substance Superfund Trust Fund pursuant to 

section 517(a) of SARA (26 U.S.C. 9507): Provided, That notwithstanding any other provision of law, in lieu of performing a health 

assessment under section 104(i)(6) of CERCLA, the Administrator of 

ATSDR may conduct other appropriate health studies, evaluations, 

or activities, including, without limitation, biomedical testing, clinical evaluations, medical monitoring, and referral to accredited 

health care providers: Provided further, That in performing any 

such health assessment or health study, evaluation, or activity, the 

Administrator of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That none of the 

funds appropriated under this heading shall be available for 

ATSDR to issue in excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA during fiscal year 2004, and existing profiles 

may be updated as necessary. 

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For science and technology, including research and development 

activities, which shall include research and development activities 

under the Comprehensive Environmental Response, Compensation, 

and Liability Act of 1980, as amended; necessary expenses for personnel and related costs and travel expenses, including uniforms, or 

allowances therefor, as authorized by 5 U.S.C. 5901–5902; services 

as authorized by 5 U.S.C. 3109, but at rates for individuals not to 

exceed the per diem rate equivalent to the maximum rate payable 

for senior level positions under 5 U.S.C. 5376; procurement of laboratory equipment and supplies; other operating expenses in support 

of research and development; construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per 

project, $786,324,000, which shall remain available until September 

30, 2005: Provided, That of the funds provided under this heading 

in Public Law 108–7, in reference to item number 9, the Administrator is authorized to make a grant of $436,000 to the City of San 

Bernardino, California. 

404

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and related costs and travel expenses, including uniforms, or allowances 

therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the 

per diem rate equivalent to the maximum rate payable for senior 

level positions under 5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; purchase of reprints; library memberships in societies or associations which issue 

publications to members only or at a price to members lower than 

to subscribers who are not members; construction, alteration, repair, 

rehabilitation, and renovation of facilities, not to exceed $85,000 per 

project; and not to exceed $9,000 for official reception and representation expenses, $2,293,578,000, which shall remain available until 

September 30, 2005, including administrative costs of the 

brownfields program under the Small Business Liability Relief and 

Brownfields Revitalization Act of 2002. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, and for construction, alteration, repair, rehabilitation, 

and renovation of facilities, not to exceed $85,000 per project, 

$37,558,000, to remain available until September 30, 2005. 

BUILDINGS AND FACILITIES

For construction, repair, improvement, extension, alteration, 

and purchase of fixed equipment or facilities of, or for use by, the 

Environmental Protection Agency, $40,000,000, to remain available 

until expended. 

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 

(CERCLA), as amended, including sections 111(c)(3), (c)(5), (c)(6), 

and (e)(4) (42 U.S.C. 9611), and for construction, alteration, repair, 

rehabilitation, and renovation of facilities, not to exceed $85,000 per 

project; $1,265,000,000, to remain available until expended, consisting of such sums as are available in the Trust Fund upon the 

date of enactment of this Act as authorized by section 517(a) of the 

Superfund Amendments and Reauthorization Act of 1986 (SARA) 

and up to $1,265,000,000 as a payment from general revenues to the 

Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA, as amended: Provided, That funds appropriated under this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of the funds appropriated under this heading, 

$13,214,000 shall be transferred to the ‘‘Office of Inspector General’’ 

appropriation to remain available until September 30, 2005, and 

$44,697,000 shall be transferred to the ‘‘Science and technology’’ appropriation to remain available until September 30, 2005. 

405

LEAKING UNDERGROUND STORAGE TANK PROGRAM

For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by section 205 of the Superfund Amendments and Reauthorization Act of 1986, and for construction, alteration, repair, rehabilitation, and renovation of facilities, not to exceed $85,000 per project, $76,000,000, to remain available until expended. 

OIL SPILL RESPONSE

For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990, 

$16,209,000, to be derived from the Oil Spill Liability trust fund, 

to remain available until expended. 

STATE AND TRIBAL ASSISTANCE GRANTS

For environmental programs and infrastructure assistance, including capitalization grants for State revolving funds and performance partnership grants, $3,896,800,000, to remain available until 

expended, of which $1,350,000,000 shall be for making capitalization grants for the Clean Water State Revolving Funds under title 

VI of the Federal Water Pollution Control Act, as amended (the 

‘‘Act’’), of which up to $75,000,000 shall be available for loans, including interest free loans as authorized by 33 U.S.C. 1383(d)(1)(A), 

to municipal, inter-municipal, interstate, or State agencies or nonprofit entities for projects that provide treatment for or that minimize sewage or stormwater discharges using one or more approaches which include, but are not limited to, decentralized or distributed stormwater controls, decentralized wastewater treatment, 

low-impact development practices, conservation easements, stream 

buffers, or wetlands restoration; $850,000,000 shall be for capitalization grants for the Drinking Water State Revolving Funds under 

section 1452 of the Safe Drinking Water Act, as amended, except 

that, notwithstanding section 1452(n) of the Safe Drinking Water 

Act, as amended, none of the funds made available under this heading in this Act, or in previous appropriations Acts, shall be reserved 

by the Administrator for health effects studies on drinking water 

contaminants; $50,000,000 shall be for architectural, engineering, 

planning, design, construction and related activities in connection 

with the construction of high priority water and wastewater facilities in the area of the United States-Mexico Border, after consultation with the appropriate border commission; $43,000,000 shall be 

for grants to the State of Alaska to address drinking water and 

waste infrastructure needs of rural and Alaska Native Villages: Provided, That, of these funds (1) the State of Alaska shall provide a 

match of 25 percent, (2) no more than 5 percent of the funds may 

be used for administrative and overhead expenses, and (3) not later 

than October 1, 2004 and thereafter, a statewide priority list shall 

be established which shall remain in effect for at least 3 years for 

all water, sewer, waste disposal, and similar projects carried out by 

the State of Alaska that are funded under section 221 of the Federal 

Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated 

Farm and Rural Development Act (7 U.S.C. 1921 et seq.) which 

shall allocate not less than 25 percent of the funds provided for 

projects in regional hub communities; $3,500,000 shall be for remeVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00409 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
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diation of above ground leaking fuel tanks pursuant to Public Law 

106–554; $325,000,000 shall be for making grants for the construction of drinking water, wastewater and storm water infrastructure 

and for water quality protection in accordance with the terms and 

conditions specified for such grants in the joint explanatory statement of the managers accompanying this Act, and, for purposes of 

these grants, each grantee shall contribute not less than 45 percent 

of the cost of the project unless the grantee is approved for a waiver 

by the Agency; $6,600,000 for grants for construction of alternative 

decentralized wastewater facilities under the National Decentralized 

Wastewater Demonstration program, in accordance with the terms 

and conditions specified in the joint explanatory statement of the 

managers accompanying this Act; $93,500,000 shall be to carry out 

section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, including grants, interagency agreements, and associated program 

support costs; and $1,175,200,000 shall be for grants, including associated program support costs, to States, federally recognized 

tribes, interstate agencies, tribal consortia, and air pollution control 

agencies for multi-media or single media pollution prevention, control and abatement and related activities, including activities pursuant to the provisions set forth under this heading in Public Law 

104–134, and for making grants under section 103 of the Clean Air 

Act for particulate matter monitoring and data collection activities 

of which and subject to terms and conditions specified by the Administrator, of which $50,000,000 shall be for carrying out section 

128 of CERCLA, as amended, and $20,000,000 shall be for Environmental Information Exchange Network grants, including associated program support costs: Provided further, That for fiscal year 

2004, State authority under section 302(a) of Public Law 104–182 

shall remain in effect: Provided further, That notwithstanding section 603(d)(7) of the Act, the limitation on the amounts in a State 

water pollution control revolving fund that may be used by a State 

to administer the fund shall not apply to amounts included as principal in loans made by such fund in fiscal year 2004 and prior 

years where such amounts represent costs of administering the fund 

to the extent that such amounts are or were deemed reasonable by 

the Administrator, accounted for separately from other assets in the 

fund, and used for eligible purposes of the fund, including administration: Provided further, That for fiscal year 2004, and notwithstanding section 518(f) of the Act, the Administrator is authorized 

to use the amounts appropriated for any fiscal year under section 

319 of that Act to make grants to Indian tribes pursuant to sections 

319(h) and 518(e) of that Act: Provided further, That for fiscal year 

2004, notwithstanding the limitation on amounts in section 518(c) 

of the Act, up to a total of 11⁄2 percent of the funds appropriated for 

State Revolving Funds under title VI of that Act may be reserved 

by the Administrator for grants under section 518(c) of such Act: 

Provided further, That no funds provided by this legislation to address the water, wastewater and other critical infrastructure needs 

of the colonias in the United States along the United States-Mexico 

border shall be made available to a county or municipal government 

unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in that jurisdiction the 

development or construction of any additional colonia areas, or the 

407

development within an existing colonia the construction of any new 

home, business, or other structure which lacks water, wastewater, or 

other necessary infrastructure: Provided further, That the referenced 

statement of the managers under this heading in Public Law 106–

377 is deemed to be amended by striking ‘‘wastewater’’ in reference 

to item number 219 and inserting ‘‘water’’: Provided further, That 

the referenced statement of the managers under this heading in 

Public Law 108–7 is deemed to be amended by striking ‘‘wastewater’’ in reference to item number 409 and inserting ‘‘water’’: Provided further, That the referenced statement of the managers under 

this heading in Public Law 108–7, item number 383, is deemed to 

be amended by adding after the word ‘‘overflow’’, ‘‘and water infrastructure’’: Provided further, That the referenced statement of the 

managers under this heading in Public Law 108–7, item number 

255, is deemed to be amended by inserting ‘‘water and’’ after the 

words ‘‘Mississippi for’’: Provided further, That the referenced statement of the managers under this heading in Public Law 108–7, item 

number 256, is deemed to be amended by adding after the word 

‘‘for’’, ‘‘water and’’: Provided further, That the referenced statement 

of the managers under this heading in Public Law 105–276, in reference to item number 19, is deemed to be amended by striking 

‘‘Wolfe County’’, and inserting ‘‘the City of Campton’’: Provided further, That the referenced statement of the managers under this 

heading in Public Law 108–7, in reference to item number 364, is 

deemed to be amended by striking everything after ‘‘improvements’’: 

Provided further, That the referenced statement of the managers 

under this heading in Public Law 108–7, in reference to item number 191, is deemed to be amended by striking ‘‘wastewater’’, and inserting ‘‘water’’: Provided further, That the referenced statement of 

the managers under this heading in Public Law 108–7, in reference 

to item number 223, is deemed to be amended by adding, ‘‘and for 

other projects within Indian Head after the needs of Woodland Village are met.’’: Provided further, That the referenced statement of 

the managers under this heading in Public Law 106–377 is deemed 

to be amended in reference to item number 234, as amended, by 

striking everything after ‘‘234.’’ and inserting, ‘‘$1,500,000 for the 

Town of Delbarton Wastewater Collection and Treatment Replacement/Upgrade Project.’’: Provided further, That the referenced statement of the managers under this heading in Public Law 108–7 is 

deemed to be amended by striking ‘‘wastewater’’ in reference to item 

number 469 and inserting ‘‘water’’: Provided further, That the referenced statement of the managers under this heading in Public 

Law 108–7 is deemed to be amended by striking ‘‘Fayette, Mississippi for the Jefferson County’’ in reference to item number 263 

and inserting ‘‘Jefferson County, Mississippi’’: Provided further, 

That notwithstanding any other provision of law, the Administrator 

of the Environmental Protection Agency shall certify grant amendments for grant number C34–0714–03. 

ADMINISTRATIVE PROVISIONS

For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and 

6305(1), the Administrator of the Environmental Protection Agency, 

in carrying out the Agency’s function to implement directly Federal 

environmental programs required or authorized by law in the absence of an acceptable tribal program, may award cooperative agreeVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00411 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
408

ments to federally-recognized Indian Tribes or Intertribal consortia, 

if authorized by their member Tribes, to assist the Administrator in 

implementing Federal environmental programs for Indian Tribes required or authorized by law, except that no such cooperative agreements may be awarded from funds designated for State financial 

assistance agreements. 

The Administrator of the Environmental Protection Agency is 

authorized to collect and obligate pesticide registration service fees 

in accordance with section 33 of the Federal Insecticide, Fungicide, 

and Rodenticide Act (as added by subsection (f)(2) of the Pesticide 

Registration Improvement Act of 2003). 

Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 

funds for fiscal year 2004 may be used to award grants or loans 

under section 104(k) of CERCLA to eligible entities that satisfy all 

of the elements set forth in CERCLA section 101(40) to qualify as 

a bona fide prospective purchaser except that the date of acquisition 

of the property was prior to the date of enactment of the Small Business Liability Relief and Brownfield Revitalization Act of 2001. 

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

For necessary expenses of the Office of Science and Technology 

Policy, in carrying out the purposes of the National Science and 

Technology Policy, Organization, and Priorities Act of 1976 (42 

U.S.C. 6601 and 6671), hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not to exceed $2,500 for official 

reception and representation expenses, and rental of conference 

rooms in the District of Columbia, $7,027,000. 

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

For necessary expenses to continue functions assigned to the 

Council on Environmental Quality and Office of Environmental 

Quality pursuant to the National Environmental Policy Act of 1969, 

the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official reception and representation expenses, $3,238,000: Provided, That 

notwithstanding section 202 of the National Environmental Policy 

Act of 1970, the Council shall consist of one member, appointed by 

the President, by and with the advice and consent of the Senate, 

serving as chairman and exercising all powers, functions, and duties of the Council. 

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as 

amended, $30,125,000, to be derived from the Bank Insurance 

Fund, the Savings Association Insurance Fund, and the FSLIC Resolution Fund.

409

GENERAL SERVICES ADMINISTRATION

FEDERAL CITIZEN INFORMATION CENTER FUND

For necessary expenses of the Federal Citizen Information Center, including services authorized by 5 U.S.C. 3109, $14,000,000, to 

be deposited into the Federal Citizen Information Center Fund: Provided, That the appropriations, revenues, and collections deposited 

into the Fund shall be available for necessary expenses of Federal 

Citizen Information Center activities in the aggregate amount not to 

exceed $21,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2004 in excess of $21,000,000 

shall remain in the Fund and shall not be available for expenditure 

except as authorized in appropriations Acts. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, and the employment of experts 

and consultants under section 3109 of title 5, United States Code) 

of the Interagency Council on the Homeless in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $1,500,000. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SPACE FLIGHT CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the conduct and support of space flight capabilities research and development activities, including research, development, operations, support 

and services; maintenance; construction of facilities including repair, rehabilitation, revitalization and modification of facilities, 

construction of new facilities and additions to existing facilities, facility planning and design, and acquisition or condemnation of real 

property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed 

$35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $7,512,100,000, to remain available until September 30, 2005, of which $15,000,000 of amounts for the Space 

Shuttle Life Extension Program shall be for the development and 

independent assessment of concepts to increase Space Shuttle crew 

survivability for crew sizes of 4 to 7 astronauts, and of which 

amounts as determined by the Administrator for salaries and benefits; training, travel and awards; facility and related costs; information technology services; science, engineering, fabricating and testing 

services; and other administrative services may be transferred to 

‘‘Science, aeronautics and exploration’’ in accordance with section 

410

312(b) of the National Aeronautics and Space Act of 1958, as 

amended by Public Law 106–377. 

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics and exploration research 

and development activities, including research, development, operations, support and services; maintenance; construction of facilities 

including repair, rehabilitation, revitalization, and modification of 

facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law; environmental compliance and restoration; space flight, spacecraft control and communications activities including operations, production, and services; program management; personnel and related 

costs, including uniforms or allowances therefor, as authorized by 

5 U.S.C. 5901–5902; travel expenses; purchase and hire of passenger 

motor vehicles; not to exceed $35,000 for official reception and representation expenses; and purchase, lease, charter, maintenance and 

operation of mission and administrative aircraft, $7,929,900,000, to 

remain available until September 30, 2005, of which amounts as determined by the Administrator for salaries and benefits; training, 

travel and awards; facility and related costs; information technology 

services; science, engineering, fabricating and testing services; and 

other administrative services may be transferred to ‘‘Space flight capabilities’’ in accordance with section 312(b) of the National Aeronautics and Space Act of 1958, as amended by Public Law 106–377. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, 

$27,300,000. 

ADMINISTRATIVE PROVISIONS

Notwithstanding the limitation on the availability of funds appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Space 

flight capabilities’’ by this appropriations Act, when any activity has 

been initiated by the incurrence of obligations for construction of facilities or environmental compliance and restoration activities as 

authorized by law, such amount available for such activity shall remain available until expended. This provision does not apply to the 

amounts appropriated for institutional minor revitalization and 

construction of facilities, and institutional facility planning and design. 

Notwithstanding the limitation on the availability of funds appropriated for ‘‘Science, aeronautics and exploration’’, or ‘‘Space 

flight capabilities’’ by this appropriations Act, the amounts appropriated for construction of facilities shall remain available until 

September 30, 2006. 

From amounts made available in this Act for these activities, 

the Administration may transfer amounts between aeronautics of 

the ‘‘Science, aeronautics and exploration’’ account and crosscutting 

technologies of the ‘‘Space flight capabilities’’ account. 

411

Funds for announced prizes otherwise authorized shall remain 

available, without fiscal year limitation, until the prize is claimed 

or the offer is withdrawn. 

The unexpired balances of prior appropriations to NASA for activities for which funds are provided under this Act may be transferred to the new account established for the appropriation that provides such activity under this Act. Balances so transferred may be 

merged with funds in the newly established account and thereafter 

may be accounted for as one fund under the same terms and conditions.

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

During fiscal year 2004, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to 

member credit unions, as authorized by 12 U.S.C. 1795 et seq., shall 

not exceed $1,500,000,000: Provided, That administrative expenses 

of the Central Liquidity Facility in fiscal year 2004 shall not exceed 

$310,000. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000 

shall be available: Provided, That of this amount $200,000, together 

with amounts of principal and interest on loans repaid, is available 

until expended for loans to community development credit unions, 

and $1,000,000 is available until September 30, 2004 for technical 

assistance to low-income and community development credit unions. 

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For necessary expenses in carrying out the National Science 

Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), and 

the Act to establish a National Medal of Science (42 U.S.C. 1880–

1881); services as authorized by 5 U.S.C. 3109; maintenance and 

operation of aircraft and purchase of flight services for research 

support; acquisition of aircraft; and authorized travel; 

$4,276,600,000, of which not to exceed $345,000,000 shall remain 

available until expended for Polar research and operations support, 

and for reimbursement to other Federal agencies for operational 

and science support and logistical and other related activities for 

the United States Antarctic program; the balance to remain available until September 30, 2005: Provided, That receipts for scientific 

support services and materials furnished by the National Research 

Centers and other National Science Foundation supported research 

facilities may be credited to this appropriation: Provided further, 

That to the extent that the amount appropriated is less than the 

total amount authorized to be appropriated for included program 

activities, all amounts, including floors and ceilings, specified in the 

authorizing Act for those program activities or their subactivities 

shall be reduced proportionally: Provided further, That $90,000,000 

of the funds available under this heading shall be made available 

412

for a comprehensive research initiative on plant genomes for economically significant crops. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, 

and other such capital assets pursuant to the National Science 

Foundation Act of 1950, as amended, including authorized travel, 

$155,900,000, to remain available until expended. 

EDUCATION AND HUMAN RESOURCES

For necessary expenses in carrying out science and engineering 

education and human resources programs and activities pursuant 

to the National Science Foundation Act of 1950, as amended (42 

U.S.C. 1861–1875), including services as authorized by 5 U.S.C. 

3109, authorized travel, and rental of conference rooms in the District of Columbia, $944,550,000, to remain available until September 30, 2005: Provided, That to the extent that the amount of 

this appropriation is less than the total amount authorized to be appropriated for included program activities, all amounts, including 

floors and ceilings, specified in the authorizing Act for those program activities or their subactivities shall be reduced proportionally. 

SALARIES AND EXPENSES

For salaries and expenses necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 

1861–1875); services authorized by 5 U.S.C. 3109; hire of passenger 

motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized 

by 5 U.S.C. 5901–5902; rental of conference rooms in the District of 

Columbia; and reimbursement of the General Services Administration for security guard services; $220,000,000: Provided, That contracts may be entered into under ‘‘Salaries and expenses’’ in fiscal 

year 2004 for maintenance and operation of facilities, and for other 

services, to be provided during the next fiscal year. 

OFFICE OF THE NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference 

rooms in the District of Columbia, and the employment of experts 

and consultants under section 3109 of title 5, United States Code) 

involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 

U.S.C. 1880 et seq.), $3,900,000: Provided, That not more than 

$9,000 shall be available for official reception and representation 

expenses. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, 

$10,000,000, to remain available until September 30, 2005. 

413

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

For payment to the Neighborhood Reinvestment Corporation for 

use in neighborhood reinvestment activities, as authorized by the 

Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–8107), 

$115,000,000, of which $5,000,000 shall be for a multi-family rental 

housing program. 

ADMINISTRATIVE PROVISION

Section 605(a) of the Neighborhood Reinvestment Corporation 

Act (42 U.S.C. 8104) is amended by—

(1) striking out ‘‘compensation’’ and inserting ‘‘salary’’; and 

striking out ‘‘highest rate provided for GS–18 of the General 

Schedule under section 5332 of title 5 United States Code’’; and 

inserting ‘‘rate for level IV of the Executive Schedule’’; and 

(2) inserting after the end the following sentence: ‘‘The Corporation shall also apply the provisions of section 5307(a)(1), 

(b)(1) and (b)(2) of title 5, United States Code, governing limitations on certain pay as if its employees were Federal employees 

receiving payments under title 5.’’. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; purchase of 

uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–

5902; hire of passenger motor vehicles; services as authorized by 5 

U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $26,308,000: Provided, That during the current fiscal year, the President may exempt this appropriation from 

the provisions of 31 U.S.C. 1341, whenever the President deems 

such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may 

be expended for or in connection with the induction of any person 

into the Armed Forces of the United States. 

TITLE IV—GENERAL PROVISIONS 

SEC. 401. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 402. No funds appropriated by this Act may be expended—

(1) pursuant to a certification of an officer or employee of 

the United States unless—

(A) such certification is accompanied by, or is part of, 

a voucher or abstract which describes the payee or payees 

and the items or services for which such expenditure is 

being made; or 

(B) the expenditure of funds pursuant to such certification, and without such a voucher or abstract, is specifically authorized by law; and

414

(2) unless such expenditure is subject to audit by the General Accounting Officer or is specifically exempt by law from 

such audit. 

SEC. 403. None of the funds provided in this Act to any department or agency may be obligated or expended for: (1) the transportation of any officer or employee of such department or agency between the domicile and the place of employment of the officer or employee, with the exception of an officer or employee authorized such 

transportation under 31 U.S.C. 1344 or 5 U.S.C. 7905 or (2) to provide a cook, chauffeur, or other personal servants to any officer or 

employee of such department or agency. 

SEC. 404. None of the funds provided in this Act may be used 

for payment, through grants or contracts, to recipients that do not 

share in the cost of conducting research resulting from proposals not 

specifically solicited by the Government: Provided, That the extent 

of cost sharing by the recipient shall reflect the mutuality of interest 

of the grantee or contractor and the Government in the research. 

SEC. 405. None of the funds provided in this Act may be used, 

directly or through grants, to pay or to provide reimbursement for 

payment of the salary of a consultant (whether retained by the Federal Government or a grantee) at more than the daily equivalent of 

the rate paid for level IV of the Executive Schedule, unless specifically authorized by law. 

SEC. 406. None of the funds provided in this Act may be used 

to pay the expenses of, or otherwise compensate, non-Federal parties 

intervening in regulatory or adjudicatory proceedings. Nothing herein affects the authority of the Consumer Product Safety Commission 

pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 

2056 et seq.). 

SEC. 407. Except as otherwise provided under existing law, or 

under an existing Executive order issued pursuant to an existing 

law, the obligation or expenditure of any appropriation under this 

Act for contracts for any consulting service shall be limited to contracts which are: (1) a matter of public record and available for 

public inspection; and (2) thereafter included in a publicly available 

list of all contracts entered into within 24 months prior to the date 

on which the list is made available to the public and of all contracts 

on which performance has not been completed by such date. The list 

required by the preceding sentence shall be updated quarterly and 

shall include a narrative description of the work to be performed 

under each such contract. 

SEC. 408. None of the funds appropriated in this Act may be 

used to implement any cap on reimbursements to grantees for indirect costs, except as published in Office of Management and Budget 

Circular A–21. 

SEC. 409. Such sums as may be necessary for fiscal year 2004 

pay raises for programs funded by this Act shall be absorbed within 

the levels appropriated in this Act. 

SEC. 410. (a) It is the sense of the Congress that, to the greatest 

extent practicable, all equipment and products purchased with 

funds made available in this Act should be American-made. 

(b) In providing financial assistance to, or entering into any 

contract with, any entity using funds made available in this Act, the 

head of each Federal agency, to the greatest extent practicable, shall 

415

provide to such entity a notice describing the statement made in 

subsection (a) by the Congress. 

SEC. 411. None of the funds made available in this Act may be 

used for any program, project, or activity, when it is made known 

to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with 

any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 

SEC. 412. Except in the case of entities that are funded solely 

with Federal funds or any natural persons that are funded under 

this Act, none of the funds in this Act shall be used for the planning 

or execution of any program to pay the expenses of, or otherwise 

compensate, non-Federal parties to lobby or litigate in respect to adjudicatory proceedings funded in this Act. A chief executive officer 

of any entity receiving funds under this Act shall certify that none 

of these funds have been used to engage in the lobbying of the Federal Government or in litigation against the United States unless 

authorized under existing law. 

SEC. 413. No part of any funds appropriated in this Act shall 

be used by an agency of the executive branch, other than for normal 

and recognized executive-legislative relationships, for publicity or 

propaganda purposes, and for the preparation, distribution or use 

of any kit, pamphlet, booklet, publication, radio, television or film 

presentation designed to support or defeat legislation pending before 

the Congress, except in presentation to the Congress itself. 

SEC. 414. All departments and agencies funded under this Act 

are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies 

and procedures in the conduct of their business practices and public 

service activities. 

SEC. 415. None of the funds made available in this Act may be 

transferred to any department, agency, or instrumentality of the 

United States Government except pursuant to a transfer made by, 

or transfer authority provided in, this Act or any other appropriation Act. 

SEC. 416. None of the funds provided in this Act to any department or agency shall be obligated or expended to procure passenger 

automobiles as defined in 15 U.S.C. 2001 with an EPA estimated 

miles per gallon average of less than 22 miles per gallon. 

SEC. 417. Section 312 of the National Aeronautics and Space 

Administration Act of 1958, as amended, is further amended—

(1) by striking the second Sec. ‘‘312’’ and inserting ‘‘313’’; 

(2) by inserting the title, ‘‘Full Cost Appropriations Account 

Structure’’, before Sec. 313; 

(3) in subsection (a)—

(A) by striking ‘‘Human space flight’’ and inserting 

‘‘Space flight capabilities’’; 

(B) by striking ‘‘technology’’ and inserting ‘‘exploration’’; and 

(C) by striking ‘‘2002’’ and inserting ‘‘2004’’; and 

(4) by striking subsection (c), and inserting the following 

new subsection: 

‘‘(c) The unexpired balances of prior appropriations to the Administration for activities authorized under this Act may be transferred to the new account established for such activity in subsection 

416

(a). Balances so transferred may be merged with funds in the newly 

established account and thereafter may be accounted for as one fund 

under the same terms and conditions’’. 

SEC. 418. None of the funds made available in this Act may be 

used to implement any policy prohibiting the Directors of the Veterans Integrated Service Networks from conducting outreach or 

marketing to enroll new veterans within their respective Networks. 

SEC. 419. None of the funds provided in this Act may be expended to apply, in a numerical estimate of the benefits of an agency action prepared pursuant to Executive Order No. 12866 or section 

312 of the Clean Air Act (42 U.S.C. 7612), monetary values for 

adult premature mortality that differ based on the age of the adult. 

SEC. 420. It is the sense of Congress that no veteran should 

wait more than 30 days for an initial doctor’s appointment. 

SEC. 421. It is the sense of the Congress that human dosing 

studies of pesticides raises ethical and health questions. 

SEC. 422. None of the funds made available to NASA in this 

Act may be used for voluntary separation incentive payments as provided for in subchapter II of chapter 35 of title 5, United States 

Code, unless the Administrator of NASA has first certified to Congress that such payments would not result in the loss of skills related to the safety of the Space Shuttle or the International Space 

Station or to the conduct of independent safety oversight in the National Aeronautics and Space Administration. 

SEC. 423. Section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) is amended—

(1) in paragraph (3)(A), by striking ‘‘shall not exceed 2 percent’’ and inserting ‘‘shall not, subject to paragraph (6), exceed 

3 percent’’; 

(2) in paragraph (5), by striking ‘‘not to exceed 1 percent’’ 

and inserting ‘‘subject to paragraph (6), not to exceed 3 percent’’; 

(3) by redesignating the second paragraph (5) and paragraph (6) as paragraphs (7) and (8), respectively; and 

(4) by inserting after paragraph (5) the following: 

‘‘(6) Of the amounts received under paragraph (1), the State 

may deduct not more than an aggregate total of 3 percent of 

such amounts for—

‘‘(A) administrative expenses under paragraph (3)(A); 

and

‘‘(B) technical assistance under paragraph (5).’’. 

SEC. 424. NATIONAL ACADEMY OF SCIENCES STUDY. The matter 

under the heading ‘‘ADMINISTRATIVE PROVISIONS’’ under the heading 

‘‘ENVIRONMENTAL PROTECTION AGENCY’’ in title III of division K of 

the Consolidated Appropriations Resolution, 2003 (117 Stat. 513), is 

amended—

(1) in the first sentence of the fifth undesignated paragraph 

(beginning ‘‘As soon as’’), by inserting before the period at the 

end the following: ‘‘, and the impact of the final rule entitled 

‘Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR): Equipment Replacement Provision of the Routine Maintenance, Repair and Replacement Exclusion’, amending parts 51 and 52 of title 40, Code of Federal 

Regulations, and published in electronic docket OAR–2002–

0068 on August 27, 2003’’; and 

417

(2) in the sixth undesignated paragraph (beginning ‘‘The 

National Academy of Sciences’’), by striking ‘‘March 3, 2004’’ 

and inserting ‘‘January 1, 2005’’. 

SEC. 425. DESIGNATIONS OF AREAS FOR PM2.5 AND SUBMISSION

OF IMPLEMENTATION PLANS FOR REGIONAL HAZE. (a) IN GENERAL.—Section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)) is 

amended by adding at the end the following: 

‘‘(6) DESIGNATIONS.—

‘‘(A) SUBMISSION.—Notwithstanding any other provision of law, not later than February 15, 2004, the Governor 

of each State shall submit designations referred to in paragraph (1) for the July 1997 PM2.5 national ambient air 

quality standards for each area within the State, based on 

air quality monitoring data collected in accordance with 

any applicable Federal reference methods for the relevant 

areas. 

‘‘(B) PROMULGATION.—Notwithstanding any other provision of law, not later than December 31, 2004, the Administrator shall, consistent with paragraph (1), promulgate the designations referred to in subparagraph (A) for 

each area of each State for the July 1997 PM2.5 national 

ambient air quality standards. 

‘‘(7) IMPLEMENTATION PLAN FOR REGIONAL HAZE.—

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, not later than 3 years after the date on which 

the Administrator promulgates the designations referred to 

in paragraph (6)(B) for a State, the State shall submit, for 

the entire State, the State implementation plan revisions to 

meet the requirements promulgated by the Administrator 

under section 169B(e)(1) (referred to in this paragraph as 

‘regional haze requirements’). 

‘‘(B) NO PRECLUSION OF OTHER PROVISIONS.—Nothing 

in this paragraph precludes the implementation of the 

agreements and recommendations stemming from the 

Grand Canyon Visibility Transport Commission Report 

dated June 1996, including the submission of State implementation plan revisions by the States of Arizona, California, Colorado, Idaho, Nevada, New Mexico, Oregon, 

Utah, or Wyoming by December 31, 2003, for implementation of regional haze requirements applicable to those 

States.’’. 

(b) RELATIONSHIP TO TRANSPORTATION EQUITY ACT FOR THE

21ST CENTURY.—Except as provided in paragraphs (6) and (7) of 

section 107(d) of the Clean Air Act (as added by subsection (a)), section 6101, subsections (a) and (b) of section 6102, and section 6103 

of the Transportation Equity Act for the 21st Century (42 U.S.C. 

7407 note; 112 Stat. 463), as in effect on the day before the date of 

enactment of this Act, shall remain in effect. 

SEC. 426. (a) TREATMENT OF PIONEER HOMES IN ALASKA AS

STATE HOME FOR VETERANS.—The Secretary of Veterans Affairs 

may—

(1) treat the Pioneer Homes in the State of Alaska collectively as a single State home for veterans for purposes of section 

1741 of title 38, United States Code; and 

418

(2) make per diem payments to the State of Alaska for care 

provided to veterans in the Pioneer Homes in accordance with 

the provisions of that section. 

(b) TREATMENT NOTWITHSTANDING NON-VETERAN RESIDENCY.—The Secretary may treat the Pioneer Homes as a State 

home under subsection (a) notwithstanding the residency of non-veterans in one or more of the Pioneer Homes. 

(c) PIONEER HOMES DEFINED.—In this section, the term ‘‘Pioneer Homes’’ means the six regional homes in the State of Alaska 

known as Pioneer Homes, which are located in the following: 

(1) Anchorage, Alaska. 

(2) Fairbanks, Alaska. 

(3) Juneau, Alaska. 

(4) Ketchikan, Alaska. 

(5) Palmer, Alaska. 

(6) Sitka, Alaska. 

(d) LIMITATION.—The number of beds occupied by veterans collectively in the six Pioneer Homes listed under subsection (c) for 

which per diem would be paid under this authority shall not exceed 

the number of veterans in state beds that otherwise would be permitted in Alaska under the Department of Veterans Affairs state 

home regulations governing the number of beds per veteran population. 

SEC. 427. Of the amounts available to the National Aeronautics 

and Space Administration, such sums as maybe necessary for the 

benefit of the families of the astronauts who died on board the 

Space Shuttle Columbia on February 1, 2003, are available under 

the terms of section 203(c)(13) of the National Aeronautics and 

Space Act of 1958, as amended, independent of the limitations established therein. 

SEC. 428. REGULATION OF SMALL ENGINES. (a) In considering 

any request from California to authorize the state to adopt or enforce standards of other requirements relating to the control of emissions from new non-road spark-ignition engines smaller than 50 

horsepower, the Administrator shall give appropriate consideration 

to safety factors (including the potential increased risk of burn or 

fire) associated with compliance with the California standard. 

(b) Not later than December 1, 2004, the Administrator of the 

Environmental Protection Agency shall propose regulations under 

the Clean Air Act that shall contain standards to reduce emissions 

from new nonroad spark-ignition engines smaller than 50 horsepower. Not later than December 31, 2005, the Administrator shall 

publish in the Federal Register final regulations containing such 

standards. 

(c) No State or any political subdivision thereof may adopt or 

attempt to enforce any standard or other requirement applicable to 

spark ignition engines smaller than 50 horsepower. 

(d) EXCEPTION FOR CALIFORNIA.—The prohibition in subsection 

(e) does not apply to or restrict in any way the authority granted 

to California under Section 209(e) of the Clean Air Act (42 U.S.C. 

7543(e)). 

(e) EXCEPTION FOR OTHER STATES.—The prohibition in subsection (c) does not apply to or restrict the authority of any state 

under Section 209(e)(2)(B) of the Clean Air Act (42 U.S.C. 

419

7543(e)(2)(B)) to enforce standards or other requirements that were 

adopted by that state before September 1, 2003. 

TITLE V—PESTICIDE PRODUCTS AND FEES 

SEC. 501. PESTICIDE REGISTRATION. (a) SHORT TITLE.—This section may be cited as the ‘‘Pesticide 

Registration Improvement Act of 2003’’. 

(b) REGISTRATION REQUIREMENTS FOR ANTIMICROBIAL PES- TICIDES.—Section 3(h) of the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 U.S.C. 136a(h)) is amended—

(1) in paragraph (2)(F), by striking ‘‘90 to 180 days’’ and 

inserting ‘‘120 days’’; and 

(2) in paragraph (3)—

(A) in subparagraph (D)(vi), by striking ‘‘240 days’’ and 

inserting ‘‘120 days’’; and 

(B) in subparagraph (F), by adding at the end the following: 

‘‘(iv) LIMITATION.—Notwithstanding clause (ii), the 

failure of the Administrator to notify an applicant for 

an amendment to a registration for an antimicrobial 

pesticide shall not be judicially reviewable in a Federal 

or State court if the amendment requires scientific review of data within—

‘‘(I) the time period specified in subparagraph 

(D)(vi), in the absence of a final regulation under 

subparagraph (B); or 

‘‘(II) the time period specified in paragraph 

(2)(F), if adopted in a final regulation under subparagraph (B).’’. 

(c) MAINTENANCE FEES.— (1) AMOUNTS FOR REGISTRANTS.—Section 4(i)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

136a–1(i)(5)) is amended—

(A) in subparagraph (A)—

(i) by striking ‘‘(A) Subject’’ and inserting the following: 

‘‘(A) IN GENERAL.—Subject’’; and 

(ii) by striking ‘‘of—’’ and all that follows through 

‘‘additional registration’’ and inserting ‘‘for each registration’’; 

(B) in subparagraph (D)—

(i) by striking ‘‘(D) The’’ and inserting the following: 

‘‘(D) MAXIMUM AMOUNT OF FEES FOR REGISTRANTS.—

The’’; 

(ii) in clause (i), by striking ‘‘shall be $55,000; 

and’’ and inserting ‘‘shall be—

‘‘(I) for fiscal year 2004, $84,000; 

‘‘(II) for each of fiscal years 2005 and 2006, 

$87,000; 

‘‘(III) for fiscal year 2007, $68,000; and 

‘‘(IV) for fiscal year 2008, $55,000; and’’; and 

(iii) in clause (ii), by striking ‘‘shall be $95,000.’’ 

and inserting ‘‘shall be—

‘‘(I) for fiscal year 2004, $145,000; 

420

‘‘(II) for each of fiscal years 2005 and 2006, 

$151,000; 

‘‘(III) for fiscal year 2007, $117,000; and 

‘‘(IV) for fiscal year 2008, $95,000.’’; and 

(C) in subparagraph (E)—

(i) by striking ‘‘(E)(i) For’’ and inserting the following: 

‘‘(E) MAXIMUM AMOUNT OF FEES FOR SMALL BUSINESSES.—

‘‘(i) IN GENERAL.—For’’; 

(ii) by indenting the margins of subclauses (I) and 

(II) of clause (i) appropriately; and 

(iii) in clause (i)—

(I) subclause (I), by striking ‘‘shall be $38,500; 

and’’ and inserting ‘‘shall be—

‘‘(aa) for fiscal year 2004, $59,000; 

‘‘(bb) for each of fiscal years 2005 and 

2006, $61,000; 

‘‘(cc) for fiscal year 2007, $48,000; and 

‘‘(dd) for fiscal year 2008, $38,500; and’’; 

and 

(II) in subclause (II), by striking ‘‘shall be 

$66,500.’’ and inserting ‘‘shall be—

‘‘(aa) for fiscal year 2004, $102,000; 

‘‘(bb) for each of fiscal years 2005 and 

2006, $106,000; 

‘‘(cc) for fiscal year 2007, $82,000; and 

‘‘(dd) for fiscal year 2008, $66,500.’’. 

(2) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

136(a)–1(i)(5)(C)) is amended—

(A) by striking ‘‘(C)(i) The’’ and inserting the following: 

‘‘(C) TOTAL AMOUNT OF FEES.—The’’; and 

(B) by striking ‘‘aggregate amount’’ and all that follows 

through clause (ii) and inserting ‘‘aggregate amount of—

‘‘(i) for fiscal year 2004, $26,000,000; 

‘‘(ii) for fiscal year 2005, $27,000,000; 

‘‘(iii) for fiscal year 2006, $27,000,000; 

‘‘(iv) for fiscal year 2007, $21,000,000; and 

‘‘(v) for fiscal year 2008, $15,000,000.’’. 

(3) DEFINITION OF SMALL BUSINESS.—Section 4(i)(5)(E)(ii) 

of the Federal Insecticide, Fungicide, and Rodenticide Act (7 

U.S.C. 136a–1(i)(5)(E)(ii)) is amended—

(A) by redesignating subclauses (I) and (II) as items 

(aa) and (bb), respectively, and indenting the margins appropriately; 

(B) by striking ‘‘(ii) For purposes of’’ and inserting the 

following: 

‘‘(ii) DEFINITION OF SMALL BUSINESS.—

‘‘(I) IN GENERAL.—In’’; 

(C) in item (aa) (as so redesignated), by striking ‘‘150’’ 

and inserting ‘‘500’’; 

(D) in item (bb) (as so redesignated), by striking ‘‘gross 

revenue from chemicals that did not exceed $40,000,000.’’ 

421

and inserting ‘‘global gross revenue from pesticides that did 

not exceed $60,000,000.’’; and 

(E) by adding at the end the following: 

‘‘(II) AFFILIATES.—

‘‘(aa) IN GENERAL.—In the case of a business entity with 1 or more affiliates, the gross 

revenue limit under subclause (I)(bb) shall 

apply to the gross revenue for the entity and 

all of the affiliates of the entity, including parents and subsidiaries, if applicable. 

‘‘(bb) AFFILIATED PERSONS.—For the purpose of item (aa), persons are affiliates of each 

other if, directly or indirectly, either person 

controls or has the power to control the other 

person, or a third person controls or has the 

power to control both persons.

‘‘(cc) INDICIA OF CONTROL.—For the purpose of item (aa), indicia of control include 

interlocking management or ownership, identity of interests among family members, 

shared facilities and equipment, and common 

use of employees.’’. 

(4) EXTENSION OF AUTHORITY FOR COLLECTING MAINTENANCE FEES.—Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(5)(H)) is 

amended by striking ‘‘2003’’ and inserting ‘‘2008’’. 

(5) REREGISTRATION AND OTHER ACTIVITIES.—Section 

4(g)(2) of the Federal Insecticide, Fungicide and Rodenticide 

Act (7 U.S.C. 136a–1(g)(2)) is amended—

(A) by striking subparagraph (A) and inserting the following: 

‘‘(A) IN GENERAL.—The Administrator shall make a determination as to eligibility for reregistration—

‘‘(i) for all active ingredients subject to reregistration under this section for which tolerances or exemptions from tolerances are required under the Federal 

Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), 

not later than the last date for tolerance reassessment 

established under section 408(q)(1)(C) of that Act (21 

U.S.C. 346a(q)(1)(C)); and 

‘‘(ii) for all other active ingredients subject to reregistration under this section, not later than October 3, 

2008.’’; 

(B) in subparagraph (B)—

(i) by striking ‘‘(B) Before’’ and inserting the following: 

‘‘(B) PRODUCT-SPECIFIC DATA.—

‘‘(i) IN GENERAL.—Before’’; 

(ii) by striking ‘‘The Administrator’’ and inserting 

the following: 

‘‘(ii) TIMING.—

‘‘(I) IN GENERAL.—Subject to subclause (II), the 

Administrator’’; and 

(iii) by adding at the end the following: 

422

‘‘(II) EXTRAORDINARY CIRCUMSTANCES.—In the 

case of extraordinary circumstances, the Administrator may provide such a longer period, of not 

more than 2 additional years, for submission of 

data to the Administrator under this subparagraph.’’; and 

(C) in subparagraph (D)—

(i) by striking ‘‘(D) If’’ and inserting the following: 

‘‘(D) DETERMINATION TO NOT REREGISTER.— ‘‘(i) IN GENERAL.—If’’; and 

(ii) by adding at the end the following: 

‘‘(ii) TIMING FOR REGULATORY ACTION.—Regulatory 

action under clause (i) shall be completed as expeditiously as possible.’’. 

(d) OTHER FEES.— (1) IN GENERAL.—Section 4(i)(6) of the Federal Insecticide, 

Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(6)) is 

amended—

(A) by striking ‘‘During’’ and inserting ‘‘Except as provided in section 33, during’’; and 

(B) by striking ‘‘2003’’ and inserting ‘‘2010’’. 

(2) TOLERANCE FEES.—Notwithstanding section 408(m)(1) 

of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

346a(m)(1)), during the period beginning on October 1, 2003, 

and ending on September 30, 2008, the Administrator of the 

Environmental Protection Agency shall not collect any tolerance 

fees under that section. 

(e) EXPEDITED PROCESSING OF SIMILAR APPLICATIONS.—Section 

4(k)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 

U.S.C. 136a–1(k)(3)) is amended—

(1) in the paragraph heading, by striking ‘‘EXPEDITED’’ and 

inserting ‘‘REVIEW OF INERT INGREDIENTS; EXPEDITED’’; and 

(2) in subparagraph (A)—

(A) by striking ‘‘1997’’ and all that follows through ‘‘of 

the maintenance fees’’ and inserting ‘‘2004 through 2006, 

approximately $3,300,000, and for each of fiscal years 2007 

and 2008, between 1⁄8 and 1⁄7, of the maintenance fees’’; 

(B) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II) and (III), respectively, and indenting appropriately; and 

(C) by striking ‘‘resources to assure the expedited processing and review of any application that’’ and inserting 

‘‘resources—

‘‘(i) to review and evaluate new inert ingredients; 

and 

‘‘(ii) to ensure the expedited processing and review 

of any application 

that—’’. 

(f) PESTICIDE REGISTRATION SERVICE FEES.—The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is 

amended—

(1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 

136y) as sections 34 and 35, respectively; and 

(2) by inserting after section 32 (7 U.S.C. 136w–7) the following: 

423

‘‘SEC. 33. PESTICIDE REGISTRATION SERVICE FEES. 

‘‘(a) DEFINITION OF COSTS.—In this section, the term ‘costs’, 

when used with respect to review and decisionmaking pertaining to 

an application for which registration service fees are paid under 

this section, means—

‘‘(1) costs to the extent that—

‘‘(A) officers and employees provide direct support for 

the review and decisionmaking for covered pesticide applications, associated tolerances, and corresponding risk and 

benefits information and analyses; 

‘‘(B) persons and organizations under contract with the 

Administrator engage in the review of the applications, and 

corresponding risk and benefits information and assessments; and 

‘‘(C) advisory committees and other accredited persons 

or organizations, on the request of the Administrator, engage in the peer review of risk or benefits information associated with covered pesticide applications; 

‘‘(2) costs of management of information, and the acquisition, maintenance, and repair of computer and telecommunication resources (including software), used to support review of 

pesticide applications, associated tolerances, and corresponding 

risk and benefits information and analyses; and 

‘‘(3) costs of collecting registration service fees under subsections (b) and (c) and reporting, auditing, and accounting 

under this section. 

‘‘(b) FEES.—

‘‘(1) IN GENERAL.—Effective beginning on the effective date 

of the Pesticide Registration Improvement Act of 2003, the Administrator shall assess and collect covered pesticide registration service fees in accordance with this section. 

‘‘(2) COVERED PESTICIDE REGISTRATION APPLICATIONS.—

‘‘(A) IN GENERAL.—An application for the registration 

of a pesticide covered by this Act that is received by the Administrator on or after the effective date of the Pesticide 

Registration Improvement Act of 2003 shall be subject to a 

registration service fee under this section. 

‘‘(B) EXISTING APPLICATIONS.—

‘‘(i) IN GENERAL.—Subject to clause (ii), an application for the registration of a pesticide that was submitted to the Administrator before the effective date of 

the Pesticide Registration Improvement Act of 2003 

and is pending on that effective date shall be subject 

to a service fee under this section if the application is 

for the registration of a new active ingredient that is 

not listed in the Registration Division 2003 Work Plan 

of the Office of Pesticide Programs of the Environmental Protection Agency. 

‘‘(ii) TOLERANCE OR EXEMPTION FEES.—The 

amount of any fee otherwise payable for an application 

described in clause (i) under this section shall be reduced by the amount of any fees paid to support the related petition for a pesticide tolerance or exemption 

under the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 301 et seq.). 

424

‘‘(C) DOCUMENTATION.—An application subject to a registration service fee under this section shall be submitted 

with documentation certifying—

‘‘(i) payment of the registration service fee; or 

‘‘(ii) a request for a waiver from or reduction of the 

registration service fee. 

‘‘(3) SCHEDULE OF COVERED APPLICATIONS AND REGISTRA- TION SERVICE FEES.— ‘‘(A) IN GENERAL.—Not later than 30 days after the effective date of the Pesticide Registration Improvement Act 

of 2003, the Administrator shall publish in the Federal 

Register a schedule of covered pesticide registration applications and corresponding registration service fees. 

‘‘(B) REPORT.—Subject to paragraph (6), the schedule 

shall be the same as the applicable schedule appearing in 

the Congressional Record on pages S11631 through 

S11633, dated September 17, 2003. 

‘‘(4) PENDING PESTICIDE REGISTRATION APPLICATIONS.— ‘‘(A) IN GENERAL.—An applicant that submitted a registration application to the Administrator before the effective date of the Pesticide Registration Improvement Act of 

2003, but that is not required to pay a registration service 

fee under paragraph (2)(B), may, on a voluntary basis, pay 

a registration service fee in accordance with paragraph 

(2)(B). 

‘‘(B) VOLUNTARY FEE.—The Administrator may not 

compel payment of a registration service fee for an application described in subparagraph (A). 

‘‘(C) DOCUMENTATION.—An application for which a voluntary registration service fee is paid under this paragraph 

shall be submitted with documentation certifying—

‘‘(i) payment of the registration service fee; or 

‘‘(ii) a request for a waiver from or reduction of the 

registration service fee.

‘‘(5) RESUBMISSION OF PESTICIDE REGISTRATION APPLICA- TIONS.—If a pesticide registration application is submitted by a 

person that paid the fee for the application under paragraph 

(2), is determined by the Administrator to be complete, and is 

not approved or is withdrawn (without a waiver or refund), the 

submission of the same pesticide registration application by the 

same person (or a licensee, assignee, or successor of the person) 

shall not be subject to a fee under paragraph (2). 

‘‘(6) FEE ADJUSTMENT.—Effective for a covered pesticide 

registration application received on or after October 1, 2005, the 

Administrator shall—

‘‘(A) increase by 5 percent the service fee payable for the 

application under paragraph (3); and 

‘‘(B) publish in the Federal Register the revised registration service fee schedule. 

‘‘(7) WAIVERS AND REDUCTIONS.— ‘‘(A) IN GENERAL.—An applicant for a covered pesticide 

registration may request the Administrator to waive or reduce the amount of a registration service fee payable under 

this section under the circumstances described in subparagraphs (D) through (G). 

425

‘‘(B) DOCUMENTATION.— ‘‘(i) IN GENERAL.—A request for a waiver from or 

reduction of the registration service fee shall be accompanied by appropriate documentation demonstrating 

the basis for the waiver or reduction. 

‘‘(ii) CERTIFICATION.—The applicant shall provide 

to the Administrator a written certification, signed by 

a responsible officer, that the documentation submitted 

to support the waiver or reduction request is accurate. 

‘‘(iii) INACCURATE DOCUMENTATION.—An application shall be subject to the applicable registration service fee payable under paragraph (3) if, at any time, the 

Administrator determines that—

‘‘(I) the documentation supporting the waiver 

or reduction request is not accurate; or 

‘‘(II) based on the documentation or any other 

information, the waiver or reduction should not 

have been granted or should not be granted. 

‘‘(C) DETERMINATION TO GRANT OR DENY REQUEST.—As 

soon as practicable, but not later than 60 days, after the 

date on which the Administrator receives a request for a 

waiver or reduction of a registration service fee under this 

paragraph, the Administrator shall—

‘‘(i) determine whether to grant or deny the request; 

and 

‘‘(ii) notify the applicant of the determination. 

‘‘(D) MINOR USES.— ‘‘(i) IN GENERAL.—The Administrator may waive or 

reduce a registration service fee for an application for 

minor uses for a pesticide. 

‘‘(ii) SUPPORTING DOCUMENTATION.—An applicant 

requesting a waiver under this subparagraph shall 

provide supporting documentation that demonstrates, 

to the satisfaction of the Administrator, that anticipated revenues from the uses that are the subject of the 

application would be insufficient to justify imposition 

of the full application fee. 

‘‘(E) IR–4 WAIVER.—The Administrator shall waive the 

registration service fee for an application if the Administrator determines that—

‘‘(i) the application is solely associated with a tolerance petition submitted in connection with the InterRegional Project Number 4 (IR–4) as described in section 2 of Public Law 89–106 (7 U.S.C. 450i(e)); and 

‘‘(ii) the waiver is in the public interest. 

‘‘(F) SMALL BUSINESSES.—

‘‘(i) IN GENERAL.—The Administrator shall waive 

50 percent of the registration service fees payable by an 

entity for a covered pesticide registration application 

under this section if the entity is a small business (as 

defined in section 4(i)(5)(E)(ii)) at the time of application. 

‘‘(ii) WAIVER OF FEES.—The Administrator shall 

waive all of the registration service fees payable by an 

entity under this section if the entity—

426

‘‘(I) is a small business (as defined in section 

4(i)(5)(E)(ii)) at the time of application; and 

‘‘(II) has average annual global gross revenues 

described in section 4(i)(5)(E)(ii)(I)(bb) that does 

not exceed $10,000,000, at the time of application. 

‘‘(iii) FORMATION FOR WAIVER.—The Administrator 

shall not grant a waiver under this subparagraph if 

the Administrator determines that the entity submitting the application has been formed or manipulated 

primarily for the purpose of qualifying for the waiver. 

‘‘(iv) DOCUMENTATION.—An entity requesting a 

waiver under this subparagraph shall provide to the 

Administrator—

‘‘(I) documentation demonstrating that the entity is a small business (as defined in section 

4(i)(5)(E)(ii)) at the time of application; and 

‘‘(II) if the entity is requesting a waiver of all 

registration service fees payable under this section, 

documentation demonstrating that the entity has 

an average annual global gross revenues described 

in section 4(i)(5)(E)(ii)(I)(bb) that does not exceed 

$10,000,000, at the time of application. 

‘‘(G) FEDERAL AND STATE AGENCY EXEMPTIONS.—An 

agency of the Federal Government or a State government 

shall be exempt from covered registration service fees under 

this section. 

‘‘(8) REFUNDS.— ‘‘(A) EARLY WITHDRAWALS.—If, during the first 60 days 

after the beginning of the applicable decision time review 

period under subsection (f)(3), a covered pesticide registration application is withdrawn by the applicant, the Administrator shall refund all but 10 percent of the total registration service fee payable under paragraph (3) for the application. 

‘‘(B) WITHDRAWALS AFTER THE FIRST 60 DAYS OF DECI- SION REVIEW TIME PERIOD.— ‘‘(i) IN GENERAL.—If a covered pesticide registration application is withdrawn after the first 60 days of 

the applicable decision time review period, the Administrator shall determine what portion, if any, of the 

total registration service fee payable under paragraph 

(3) for the application may be refunded based on the 

proportion of the work completed at the time of withdrawal. 

‘‘(ii) TIMING.—The Administrator shall—

‘‘(I) make the determination described in 

clause (i) not later than 90 days after the date the 

application is withdrawn; and 

‘‘(II) provide any refund as soon as practicable 

after the determination. 

‘‘(C) DISCRETIONARY REFUNDS.—

‘‘(i) IN GENERAL.—In the case of a pesticide registration application that has been filed with the Administrator and has not been withdrawn by the applicant, but for which the Administrator has not yet made 

427

a final determination, the Administrator may refund a 

portion of a covered registration service fee if the Administrator determines that the refund is justified. 

‘‘(ii) BASIS.—The Administrator may provide a refund for an application under this subparagraph—

‘‘(I) on the basis that, in reviewing the application, the Administrator has considered data submitted in support of another pesticide registration 

application; or 

‘‘(II) on the basis that the Administrator completed portions of the review of the application before the effective date of this section. 

‘‘(D) CREDITED FEES.—In determining whether to grant 

a refund under this paragraph, the Administrator shall 

take into account any portion of the registration service fees 

credited under paragraph (2) or (4). 

‘‘(c) PESTICIDE REGISTRATION FUND.— ‘‘(1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a Pesticide Registration Fund to be used 

in carrying out this section (referred to in this section as the 

‘Fund’), consisting of—

‘‘(A) such amounts as are deposited in the Fund under 

paragraph (2);

‘‘(B) any interest earned on investment of amounts in 

the Fund under paragraph (4); and 

‘‘(C) any proceeds from the sale or redemption of investments held in the Fund. 

‘‘(2) DEPOSITS IN FUND.—Subject to paragraph (4), the Administrator shall deposit fees collected under this section in the 

Fund. 

‘‘(3) EXPENDITURES FROM FUND.— ‘‘(A) IN GENERAL.—Subject to subparagraphs (B) and 

(C) and paragraph (4), the Administrator may make expenditures from the Fund—

‘‘(i) to cover the costs associated with the review 

and decisionmaking pertaining to all applications for 

which registration service fees have been paid under 

this section; and 

‘‘(ii) to otherwise carry out this section. 

‘‘(B) WORKER PROTECTION.—For each of fiscal years 

2004 through 2008, the Administrator shall use approximately 1⁄17 of the amount in the Fund (but not more than 

$1,000,000, and not less than $750,000, for any fiscal year) 

to enhance current scientific and regulatory activities related to worker protection. 

‘‘(C) NEW INERT INGREDIENTS.—For each of fiscal years 

2004 and 2005, the Administrator shall use approximately 

1⁄34 of the amount in the Fund (but not to exceed $500,000 

for any fiscal year) for the review and evaluation of new 

inert ingredients. 

‘‘(4) COLLECTIONS AND APPROPRIATIONS ACTS.—The fees authorized by this section and amounts deposited in the Fund—

‘‘(A) shall be collected and made available for obligation only to the extent provided in advance in appropriations Acts; and 

428

‘‘(B) shall be available without fiscal year limitation. 

‘‘(5) UNUSED FUNDS.—Amounts in the Fund not currently 

needed to carry out this section shall be—

‘‘(A) maintained readily available or on deposit; 

‘‘(B) invested in obligations of the United States or 

guaranteed by the United States; or 

‘‘(C) invested in obligations, participations, or other instruments that are lawful investments for fiduciary, trust, 

or public funds. 

‘‘(d) ASSESSMENT OF FEES.—

‘‘(1) DEFINITION OF COVERED FUNCTIONS.—In this subsection, the term ‘covered functions’ means functions of the Office of Pesticide Programs of the Environmental Protection 

Agency, as identified in key programs and projects of the final 

operating plan for the Environmental Protection Agency submitted as part of the budget process for fiscal year 2002, regardless of any subsequent transfer of 1 or more of the functions to 

another office or agency or the subsequent transfer of a new 

function to the Office of Pesticide Programs. 

‘‘(2) MINIMUM AMOUNT OF APPROPRIATIONS.—For fiscal 

years 2004, 2005, and 2006 only, registration service fees may 

not be assessed for a fiscal year under this section unless the 

amount of appropriations for salaries, contracts, and expenses 

for the functions (as in existence in fiscal year 2002) of the Office of Pesticide Programs of the Environmental Protection 

Agency for the fiscal year (excluding the amount of any fees appropriated for the fiscal year) are equal to or greater than the 

amount of appropriations for covered functions for fiscal year 

2002 (excluding the amount of any fees appropriated for the fiscal year). 

‘‘(3) USE OF FEES.—Registration service fees authorized by 

this section shall be available, in the aggregate, only to defray 

increases in the costs associated with the review and decisionmaking for the review of pesticide registration applications and 

associated tolerances (including increases in the number of fulltime equivalent positions in the Environmental Protection Agency engaged in those activities) over the costs for fiscal year 2002, 

excluding costs paid from fees appropriated for the fiscal year. 

‘‘(4) COMPLIANCE.—The requirements of paragraph (2) shall 

have been considered to have been met for any fiscal year if the 

amount of appropriations for salaries, contracts, and expenses 

for the functions (as in existence in fiscal year 2002) of the Office of Pesticide Programs of the Environmental Protection 

Agency for the fiscal year (excluding the amount of any fees appropriated for the fiscal year) is not more than 3 percent below 

the amount of appropriations for covered functions for fiscal 

year 2002 (excluding the amount of any fees appropriated for 

the fiscal year). 

‘‘(5) SUBSEQUENT AUTHORITY.—If the Administrator does 

not assess registration service fees under subsection (b) during 

any portion of a fiscal year as the result of paragraph (2) and 

is subsequently permitted to assess the fees under subsection (b) 

during the fiscal year, the Administrator shall assess and collect the fees, without any modification in rate, at any time durVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00432 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
429

ing the fiscal year, notwithstanding any provisions of subsection 

(b) relating to the date fees are to be paid. 

‘‘(e) REFORMS TO REDUCE DECISION TIME REVIEW PERIODS.—To 

the maximum extent practicable consistent with the degrees of risk 

presented by pesticides and the type of review appropriate to evaluate risks, the Administrator shall identify and evaluate reforms to 

the pesticide registration process under this Act with the goal of reducing decision review periods in effect on the effective date of the 

Pesticide Registration Improvement Act of 2003 for pesticide registration actions for covered pesticide registration applications (including reduced risk applications). 

‘‘(f) DECISION TIME REVIEW PERIODS.—

‘‘(1) IN GENERAL.—Not later than 30 days after the effective 

date of the Pesticide Registration Improvement Act of 2003, the 

Administrator shall publish in the Federal Register a schedule 

of decision review periods for covered pesticide registration actions and corresponding registration service fees under this Act.

‘‘(2) REPORT.—The schedule shall be the same as the applicable schedule appearing in the Congressional Record on pages 

S11631 through S11633, dated September 17, 2003. 

‘‘(3) APPLICATIONS SUBJECT TO DECISION TIME REVIEW PERIODS.—The decision time review periods specified in paragraph 

(1) shall apply to—

‘‘(A) covered pesticide registration applications subject 

to registration service fees under subsection (b)(2); 

‘‘(B) covered pesticide registration applications for 

which an applicant has voluntarily paid registration service fees under subsection (b)(4); and 

‘‘(C) covered pesticide registration applications listed in 

the Registration Division 2003 Work Plan of the Office of 

Pesticide Programs of the Environmental Protection Agency. 

‘‘(4) START OF DECISION TIME REVIEW PERIOD.—

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (C), (D), and (E), in the case of a pesticide registration application accompanied by the registration service fee 

required under this section, the decision time review period 

begins 21 days after the date on which the Administrator 

receives the covered pesticide registration application. 

‘‘(B) COMPLETENESS OF APPLICATION.—In conducting 

an initial screening of an application, the Administrator 

shall determine—

‘‘(i) whether—

‘‘(I) the applicable registration service fee has 

been paid; or 

‘‘(II) the application contains a waiver or refund request; and 

‘‘(ii) whether the application—

‘‘(I) contains all necessary forms, data, draft 

labeling, and, documentation certifying payment of 

any registration service fee required under this section; or 

‘‘(II) establishes a basis for any requested 

waiver or reduction. 

430

‘‘(C) APPLICATIONS WITH WAIVER OR REDUCTION RE- QUESTS.—

‘‘(i) IN GENERAL.—In the case of an application 

submitted with a request for a waiver or reduction of 

registration service fees under subsection (b)(7), the decision time review period shall be determined in accordance with this subparagraph. 

‘‘(ii) REQUEST GRANTED WITH NO ADDITIONAL FEES

REQUIRED.—If the Administrator grants the waiver or 

reduction request and no additional fee is required, the 

decision time review period begins on the earlier of—

‘‘(I) the date on which the Administrator 

grants the request; or 

‘‘(II) the date that is 60 days after the date of 

receipt of the application. 

‘‘(iii) REQUEST GRANTED WITH ADDITIONAL FEES

REQUIRED.—If the Administrator grants the waiver or 

reduction request, in whole or in part, but an additional registration service fee is required, the decision 

time review period begins on the date on which the Administrator receives certification of payment of the applicable registration service fee. 

‘‘(iv) REQUEST DENIED.—If the Administrator denies the waiver or reduction request, the decision time 

review period begins on the date on which the Administrator receives certification of payment of the applicable registration service fee. 

‘‘(D) PENDING APPLICATIONS.— ‘‘(i) IN GENERAL.—The start of the decision time review period for applications described in clause (ii) 

shall be the date on which the Administrator receives 

certification of payment of the applicable registration 

service fee. 

‘‘(ii) APPLICATIONS.—Clause (i) applies to—

‘‘(I) covered pesticide registration applications 

for which voluntary fees have been paid under subsection (b)(4); and 

‘‘(II) covered pesticide registration applications 

received on or after the effective date of the Pesticide Registration Improvement Act of 2003 but 

submitted without the applicable registration service fee required under this section due to the inability of the Administrator to assess fees under 

subsection (d)(1). 

‘‘(E) 2003 WORK PLAN.—In the case of a covered pesticide registration application listed in the Registration Division 2003 Work Plan of the Office of Pesticide Programs 

of the Environmental Protection Agency, the decision time 

review period begins on the date that is 30 days after the 

effective date of the Pesticide Registration Improvement Act 

of 2003. 

‘‘(5) EXTENSION OF DECISION TIME REVIEW PERIOD.—The 

Administrator and the applicant may mutually agree in writing 

to extend a decision time review period under this subsection. 

‘‘(g) JUDICIAL REVIEW.—

431

‘‘(1) IN GENERAL.—Any applicant adversely affected by the 

failure of the Administrator to make a determination on the application of the applicant for registration of a new active ingredient or new use for which a registration service fee is paid 

under this section may obtain judicial review of the failure solely under this section. 

‘‘(2) SCOPE.— ‘‘(A) IN GENERAL.—In an action brought under this 

subsection, the only issue on review is whether the Administrator failed to make a determination on the application 

specified in paragraph (1) by the end of the applicable decision time review period required under subsection (f) for the 

application. 

‘‘(B) OTHER ACTIONS.—No other action authorized or 

required under this section shall be judicially reviewable by 

a Federal or State court. 

‘‘(3) TIMING.— ‘‘(A) IN GENERAL.—A person may not obtain judicial review of the failure of the Administrator to make a determination on the application specified in paragraph (1) before the expiration of the 2-year period that begins on the 

date on which the decision time review period for the application ends. 

‘‘(B) MEETING WITH ADMINISTRATOR.—To be eligible to 

seek judicial review under this subsection, a person seeking 

the review shall first request in writing, at least 120 days 

before filing the complaint for judicial review, a decision review meeting with the Administrator. 

‘‘(4) REMEDIES.—The Administrator may not be required or 

permitted to refund any portion of a registration service fee 

paid in response to a complaint that the Administrator has 

failed to make a determination on the covered pesticide registration application specified in paragraph (1) by the end of the applicable decision review period. 

‘‘(h) ACCOUNTING.—The Administrator shall—

‘‘(1) provide an annual accounting of the registration service fees paid to the Administrator and disbursed from the Fund, 

by providing financial statements in accordance with—

‘‘(A) the Chief Financial Officers Act of 1990 (Public 

Law 101–576; 104 Stat. 2838) and amendments made by 

that Act; and 

‘‘(B) the Government Management Reform Act of 1994 

(Public Law 103–356; 108 Stat. 3410) and amendments 

made by that Act; 

‘‘(2) provide an accounting describing expenditures from the 

Fund authorized under subsection (c); and 

‘‘(3) provide an annual accounting describing collections 

and expenditures authorized under subsection (d). 

‘‘(i) AUDITING.— ‘‘(1) FINANCIAL STATEMENTS OF AGENCIES.—For the purpose 

of section 3515(c) of title 31, United States Code, the Fund shall 

be considered a component of an executive agency. 

‘‘(2) COMPONENTS.—The annual audit required under sections 3515(b) and 3521 of that title of the financial statements 

of activities under this section shall include an analysis of—

432

‘‘(A) the fees collected under subsection (b) and disbursed; 

‘‘(B) compliance with subsection (f); 

‘‘(C) the amount appropriated to meet the requirements 

of subsection (d)(1); and 

‘‘(D) the reasonableness of the allocation of the overhead allocation of costs associated with the review and decisionmaking pertaining to applications under this section. 

‘‘(3) INSPECTOR GENERAL.—The Inspector General of the 

Environmental Protection Agency shall—

‘‘(A) conduct the annual audit required under this subsection; and 

‘‘(B) report the findings and recommendations of the 

audit to the Administrator and to the appropriate committees of Congress. 

‘‘(j) PERSONNEL LEVELS.—All full-time equivalent positions supported by fees authorized and collected under this section shall not 

be counted against the agency-wide personnel level goals of the Environmental Protection Agency.

‘‘(k) REPORTS.— ‘‘(1) IN GENERAL.—Not later than March 1, 2005, and each 

March 1 thereafter through March 1, 2009, the Administrator 

shall publish an annual report describing actions taken under 

this section. 

‘‘(2) CONTENTS.—The report shall include—

‘‘(A) a review of the progress made in carrying out each 

requirement of subsections (e) and (f), including—

‘‘(i) the number of applications reviewed, including 

the decision times for each application specified in subsection (f); 

‘‘(ii) the number of actions pending in each category of actions described in subsection (f)(3), as well 

as the number of inert ingredients; 

‘‘(iii) to the extent determined appropriate by the 

Administrator and consistent with the authorities of 

the Administrator and limitations on delegation of 

functions by the Administrator, recommendations for—

‘‘(I) expanding the use of self-certification in 

all appropriate areas of the registration process; 

‘‘(II) providing for accreditation of outside reviewers and the use of outside reviewers to conduct 

the review of major portions of applications; and 

‘‘(III) reviewing the scope of use of the notification process to cover broader categories of registration actions; and 

‘‘(iv) the use of performance-based contracts, other 

contracts, and procurement to ensure that—

‘‘(I) the goals of this Act for the timely review 

of applications for registration are met; and 

‘‘(II) the registration program is administered 

in the most productive and cost effective manner 

practicable; 

‘‘(B) a description of the staffing and resources relating 

to the costs associated with the review and decisionmaking 

pertaining to applications; and 

433

‘‘(C) a review of the progress in meeting the timeline requirements of section 4(g). 

‘‘(3) METHOD.—The Administrator shall publish a report 

required by this subsection by such method as the Administrator determines to be the most effective for efficiently disseminating the report, including publication of the report on the 

Internet site of the Environmental Protection Agency. 

‘‘(l) SAVINGS CLAUSE.—Nothing in this section affects any other 

duties, obligations, or authorities established by any other section of 

this Act, including the right to judicial review of duties, obligations, 

or authorities established by any other section of this Act. 

‘‘(m) TERMINATION OF EFFECTIVENESS.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the 

authority provided by this section terminates on September 30, 

2008. 

‘‘(2) PHASE OUT.—

‘‘(A) FISCAL YEAR 2009.—During fiscal year 2009, the 

requirement to pay and collect registration service fees applies, except that the level of registration service fees payable under this section shall be reduced 40 percent below 

the level in effect on September 30, 2008. 

‘‘(B) FISCAL YEAR 2010.—During fiscal year 2010, the 

requirement to pay and collect registration service fees applies, except that the level of registration service fees payable under this section shall be reduced 70 percent below 

the level in effect on September 30, 2008. 

‘‘(C) SEPTEMBER 30, 2010.—Effective September 30, 

2010, the requirement to pay and collect registration service 

fees terminates. 

‘‘(D) DECISION REVIEW PERIODS.—

‘‘(i) PENDING APPLICATIONS.—In the case of an application received under this section before September 

30, 2008, the application shall be reviewed in accordance with subsection (f). 

‘‘(ii) NEW APPLICATIONS.—In the case of an application received under this section on or after September 

30, 2008, subsection (f) shall not apply to the application.’’. 

(g) CONFORMING AMENDMENTS.—The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act 

(7 U.S.C. prec. 136) is amended—

(1) by striking the item relating to section 4(k)(3) and inserting the following:

‘‘(3) Review of inert ingredients; expedited processing of similar 

applications.’’;

and 

(2) by striking the items relating to sections 30 and 31 and 

inserting the following:

‘‘Sec. 30. Minimum requirements for training of maintenance applicators and service 

technicians. 

‘‘Sec. 31. Environmental Protection Agency minor use program. 

‘‘Sec. 32. Department of Agriculture minor use program. 

‘‘(a) In general. 

‘‘(b)(1) Minor use pesticide data. 

‘‘(2) Minor Use Pesticide Data Revolving Fund. 

‘‘Sec. 33. Pesticide registration service fees. 

434

‘‘(a) Definition of costs. 

‘‘(b) Fees. 

‘‘(1) In general. 

‘‘(2) Covered pesticide registration applications. 

‘‘(3) Schedule of covered applications and registration service fees. 

‘‘(4) Pending pesticide registration applications. 

‘‘(5) Resubmission of pesticide registration applications. 

‘‘(6) Fee adjustment. 

‘‘(7) Waivers and reductions. 

‘‘(8) Refunds. 

‘‘(c) Pesticide Registration Fund. 

‘‘(1) Establishment. 

‘‘(2) Transfers to Fund. 

‘‘(3) Expenditures from Fund. 

‘‘(4) Collections and appropriations Acts. 

‘‘(5) Unused funds. 

‘‘(d) Assessment of fees. 

‘‘(1) Definition of covered functions. 

‘‘(2) Minimum amount of appropriations. 

‘‘(3) Use of fees. 

‘‘(4) Compliance. 

‘‘(5) Subsequent authority. 

‘‘(e) Reforms to reduce decision time review periods. 

‘‘(f) Decision time review periods. 

‘‘(1) In general. 

‘‘(2) Report. 

‘‘(3) Applications subject to decision time review periods. 

‘‘(4) Start of decision time review period. 

‘‘(5) Extension of decision time review period. 

‘‘(g) Judicial review. 

‘‘(1) In general. 

‘‘(2) Scope. 

‘‘(3) Timing. 

‘‘(4) Remedies. 

‘‘(h) Accounting. 

‘‘(i) Auditing. 

‘‘(1) Financial statements of agencies. 

‘‘(2) Components. 

‘‘(3) Inspector General. 

‘‘(j) Personnel levels. 

‘‘(k) Reports. 

‘‘(1) In general. 

‘‘(2) Contents. 

‘‘(l) Savings clause. 

‘‘(m) Termination of effectiveness. 

‘‘(1) In general. 

‘‘(2) Phase out.

‘‘Sec. 34. Severability. 

‘‘Sec. 35. Authorization for appropriations.’’.

(h) EFFECTIVE DATE.—Except as otherwise provided in this section and the amendments made by this section, this section and the 

amendments made by this section take effect on the date that is 60 

days after the date of enactment of this Act. 

This division may be cited as the ‘‘Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004’’. 

435

DIVISION H—MISCELLANEOUS APPROPRIATIONS AND 

OFFSETS 

(INCLUDING RESCISSIONS OF FUNDS)

(INCLUDING TRANSFERS OF FUNDS)

That the following sums are appropriated, out of any money in the 

Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, and for other purposes, namely: 

SEC. 101. Section 1241(a)(3) of the Food Security Act of 1985 

(16 U.S.C. 3841(a)(3)) is amended by striking ‘‘, using’’ and all that 

follows through ‘‘2013’’. 

SEC. 102. (a) Of the funds appropriated under the heading 

‘‘Emergency Preparedness and Response, Disaster Relief’’ in chapter 

2 of title I of Public Law 108–106, $225,000,000 are rescinded. 

(b) In addition to amounts appropriated in Public Law 108–108 

for ‘‘Forest Service, Wildland Fire Management’’ for hazardous fuels 

reduction, hazard mitigation, and rehabilitation activities of the 

Forest Service in southern California, $25,000,000, to remain available until expended. 

(c) In addition to amounts appropriated in Public Law 108–108 

for ‘‘Forest Service, State and Private Forestry’’ for hazard mitigation, fuels reduction, and forest health protection and mitigation activities on State and private lands in southern California, 

$25,000,000, to remain available until expended. 

(d) In addition to amounts made available elsewhere in this Act 

for the ‘‘Department of Agriculture, Emergency Watershed Protection 

Program’’ to carry out additional activities in response to the recent 

wildfires in southern California, including the provision of technical 

and financial assistance to respond to the tree mortality emergency 

in Los Angeles, Riverside, San Diego and San Bernardino Counties, 

California, $150,000,000, to remain available until expended. 

(e) For an additional amount for the tree assistance program in 

southern California under subtitle C of title X of the Farm Security 

and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), 

$12,500,000. 

(f) For an additional amount for the emergency conservation 

program in southern California under title IV of the Agricultural 

Credit Act of 1978 (16 U.S.C. 2201 et seq.), $12,000,000. 

(g) For an additional amount for the livestock indemnity program in southern California under the heading ‘‘COMMODITY 

CREDIT CORPORATION FUND’’ in chapter 1 of title I of the 1999 

Emergency Supplemental Appropriations Act (Public Law 106–31; 

113 Stat. 59), $500,000. 

(h) The amounts provided or made available by this section are 

designated by the Congress as an emergency requirement pursuant 

to section 502 of H. Con. Res. 95 (108th Congress), the concurrent 

resolution on the budget for fiscal year 2004. 

SEC. 103. In addition to amounts otherwise made available in 

this Act, for ‘‘Office of Justice Programs—State and Local Law Enforcement Assistance’’ for discretionary grants under the Edward 

Byrne Memorial State and Local Law Enforcement Assistance Programs for reimbursement to State and local law enforcement entities 

for security and related costs, including overtime, associated with 

436

the 2004 Presidential Candidate Nominating Conventions, 

$50,000,000, to remain available until September 30, 2005. 

SEC. 104. (a) COMMISSION ON THE ABRAHAM LINCOLN STUDY

ABROAD FELLOWSHIP PROGRAM.—There are appropriated, out of any money in the Treasury not otherwise appropriated, $500,000 to establish and fund a bipartisan Commission on the Abraham Lincoln 

Study Abroad Fellowship Program (in this section referred to as the 

‘‘Commission’’). 

(b) RECOMMENDATIONS AND DEVELOPMENT OF PROGRAM.— (1) RECOMMENDATIONS.—The Commission shall recommend a program to greatly expand the opportunity for students at institutions of higher education in the United States to 

study abroad, with special emphasis on studying in developing 

nations. 

(2) DEVELOPMENT OF PROGRAM.—The Secretary of State, 

the Secretary of Education, the Secretary of Commerce, and the 

Secretary of Defense, in consultation with the Commission, 

shall develop a program, described in paragraph (1), that assists a diverse group of students and meets the growing need of 

the United States to become more sensitive to the cultures of 

other countries. 

(c) COMPOSITION.— (1) IN GENERAL.—The Commission shall consist of 17 members to be appointed as follows: 

(A) Three members shall be appointed by the Majority 

Leader of the Senate.

(B) Three members shall be appointed by the Minority 

Leader of the Senate. 

(C) Three members shall be appointed by the Speaker 

of the House of Representatives. 

(D) Three members shall be appointed by the Minority 

Leader of the House of Representatives. 

(E) One member shall be appointed by the President 

from a list of candidates submitted by the Secretary of 

State. 

(F) One member shall be appointed by the President 

from a list of candidates submitted by the Secretary of Defense. 

(G) One member shall be appointed by the President 

from a list of candidates submitted by the Secretary of 

Education. 

(H) One member shall be appointed by the President 

from a list of candidates submitted by the Secretary of 

Commerce. 

(I) One member shall be appointed jointly by the individuals described in subparagraphs (A) through (D), and 

such member shall serve as Chair of the Commission. 

(2) TYPES OF INDIVIDUALS.—The Commission may consist 

of members who are leaders in university exchange programs, 

leaders in foreign policy, and business leaders with experience 

in international trade. 

(d) EXECUTIVE DIRECTOR AND STAFF.— (1) APPOINTMENT OF EXECUTIVE DIRECTOR.—The Chair of 

the Commission may, without regard to the civil service laws 

and regulations, appoint and terminate an executive director of 

437

the Commission. The employment of an executive director shall 

be subject to confirmation by the Commission. The Chair of the 

Commission may fix the compensation of the executive director 

without regard to the provisions of chapter 51 and subchapter 

III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except 

that the rate of pay for the executive director may not exceed the 

rate payable for level V of the Executive Schedule under section 

5316 of such title. 

(2) STAFF.—The executive director may appoint not more 

than 3 individuals to assist the executive director in carrying 

out the duties of the executive director. The Chair of the Commission may fix the compensation of the individuals appointed 

by the executive director without regard to the provisions of 

chapter 51 and subchapter III of chapter 53 of title 5, United 

States Code, relating to classification of positions and General 

Schedule pay rates, except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive 

Schedule under section 5316 of such title. 

(e) COMPENSATION.—Members of the Commission shall not receive compensation for the performance of services for the Commission, but shall be allowed travel expenses, including per diem in 

lieu of subsistence, at rates authorized for employees of agencies 

under subchapter I of chapter 57 of title 5, United States Code, 

while away from their homes or regular places of business in the 

performance of services for the Commission. 

(f) REPORT.—Not later than December 1, 2004, the Commission 

shall submit a report to the appropriate committee of Congress and 

the President on recommendations for a program to greatly expand 

the opportunity for students at institutions of higher education in 

the United States to study abroad. 

(g) TERMINATION.—The Commission shall terminate not later 

than December 31, 2004. 

SEC. 105. (a) None of the funds made available under this Act 

may be obligated or expended to implement any measures to reduce 

overfishing and promote rebuilding of fish stocks managed under 

the Management Plan other than such measures set out in the final 

rule. 

(b) In this section: 

(1) The term ‘‘final rule’’ means the final rule of the National Oceanic and Atmospheric Administration relating to the 

Magnuson-Stevens Fishery Conservation and Management Act 

Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery that was published on June 27, 

2003 (68 Fed. Reg. 38234). 

(2) The term ‘‘Management Plan’’ means the Northeast 

Multispecies Fishery Management Plan prepared pursuant to 

section 303 of the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1853). 

SEC. 106. In addition to amounts otherwise made available in 

this Act, for ‘‘Supreme Court of the United States, Care of the Building and Grounds’’, $16,000,000, to remain available until expended. 

SEC. 107. For an additional amount under the heading ‘‘State 

and Local Law Enforcement Assistance, Office of Justice Programs’’, 

$2,250,000, of which $750,000 shall only be available for the UniVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00441 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
438

versity of Southern Mississippi Rural Law Enforcement Training 

Initiative, $750,000 shall only be available for the Mississippi University for Women Institutional Security Program, and $750,000 

shall only be available for the City of Jackson, Mississippi, Public 

Safety Automated Technologies Program. 

SEC. 108. Upon enactment of this Act, the Secretary of Defense 

shall make the following transfers of funds: Provided, That funds 

so transferred shall be merged with and shall be available for the 

same purpose and for the same time period as the appropriation to 

which transferred: Provided further, That the amounts shall be 

transferred between the following appropriations in the amounts 

specified: 

From: 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 1998/2007’’: CVN Refuelings, $29,000,000; 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2003/2007’’: 

Outfitting, post delivery, conversions, and first des- tination transportation, $8,000,000; 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2004/2008’’:

Outfitting, post delivery, conversions, and first des- tination transportation, $11,800,000; CVN Refuelings (AP), $16,600,000; 

Under the heading, ‘‘Research, Development, Test and Evaluation, Navy, 2004/2005’’, $9,200,000; 

To: 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2004/2008’’: NSSN (AP), $37,200,000; 

NSSN, $11,800,000; 

Under the heading, ‘‘Shipbuilding and Conversion, 

Navy, 2002/2006’’: 

SSN Submarine Refuelings, $19,600,000; and 

Under the heading, ‘‘Defense Health Program’’, 

$6,000,000. 

SEC. 109. Effective immediately after the enactment of the National Defense Authorization Act for Fiscal Year 2004, section 

724(d)(2) of the National Defense Authorization Act for Fiscal Year 

1997 (Public Law 104–201; 10 U.S.C. 1073 note) is amended—

(1) in subparagraph (A)—

(A) by redesignating clauses (i) and (ii) as clauses (ii) 

and (iii), respectively; and 

(B) by inserting after ‘‘who—’’ the following new clause 

(i): 

‘‘(i) do not have other primary health insurance coverage 

(other than Medicare coverage) covering basic primary care and 

inpatient and outpatient services;’’; and 

(2) by striking subparagraph (B) and inserting the following: 

‘‘(B) For each fiscal year beginning after September 30, 2003, 

the number of covered beneficiaries newly enrolled by designated 

providers pursuant to clause (ii) of subparagraph (A) during such 

fiscal year may not exceed 10 percent of the total number of the covVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00442 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
439

ered beneficiaries who are newly enrolled under such subparagraph 

during such fiscal year.’’. 

SEC. 110. Section 853 of the National Defense Authorization Act 

for Fiscal Year 2004 is amended—

(1) by redesignating subsection (c) as subsection (d); 

(2) by inserting after subsection (b) the following new subsection (c): 

‘‘(c) CREDIT TOWARD CERTAIN SMALL BUSINESS CONTRACTING

GOALS.—Department of Defense contracts entered into with eligible 

contractors under the demonstration project under this section, and 

subcontracts entered into with eligible contractors under such contracts, shall be credited toward the attainment of goals established 

under section 2323 of title 10, United States Code, and section 

15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) regarding 

the extent of the participation of disadvantaged small business concerns in contracts of the Department of Defense and subcontracts 

under such contracts.’’. 

SEC. 111. Section 8022 of the Department of Defense Appropriations Act, 2004, Public Law 108–87, shall not apply to a cost study 

of a multi-function activity for which the Department of Defense 

had solicited proposals as of the date of the enactment of that Act. 

SEC. 112. Of the amounts made available to the Department of 

Defense under the heading ‘‘Defense Health Program’’ for ‘‘Procurement’’, $3,100,000 shall be made available to acquire Linear Accelerator Radiation Therapy equipment and associated operating software for Walter Reed Army Medical Center: Provided, That of the 

amounts available to the Department of Defense under the heading 

‘‘Defense Health Program’’ for ‘‘Operation and Maintenance, InHouse Care’’, $2,900,000 shall be made available for the Defense 

and Veterans Head Injury Program: Provided further, That these 

funds are in addition to funds provided in previous Acts. 

SEC. 113. (a) The Secretary of Defense shall study issues related 

to the consolidation of the storage of mercury contained in the National Defense Stockpile under the Strategic and Critical Materials 

Stock Piling Act (50 U.S.C. 98 et seq.) and report to Congress on 

June 1, 2004, on the results of the study. 

(b) A decision to consolidate the storage of mercury to a site that 

currently does not store mercury contained in the National Defense 

Stockpile under the Strategic and Critical Materials Stock Piling 

Act (50 U.S.C. 98 et seq.) shall occur no earlier than 180 days after 

the date of the report required in subsection (a). 

SEC. 114. Notwithstanding any other provision of law, the Secretary of Defense may transfer up to $120,000,000 of funds available in the Iraq Freedom Fund to carry out the classified project described in the classified annex accompanying Public Law 107–206, 

and acquire such interests in real property as he deems necessary 

to carry out such project: Provided, That the Secretary may transfer 

such funds to other appropriation accounts of the Department, and 

the amounts so transferred shall be available for the same purposes 

and for the same time period as the appropriations to which transferred: Provided further, That this transfer authority is in addition 

to any other transfer authority available to the Department of Defense. 

SEC. 115. Of the amounts provided in Public Laws 107–117, 

107–248, and 108–87 under the heading ‘‘National Defense Sealift 

440

Fund’’ for construction of additional sealift capacity, $40,000,000 

shall be made available for the construction of a Port of Philadelphia marine cargo terminal for high-speed military sealift and other 

military purposes. 

SEC. 116. (a) DESIGNATION.—The Department of Veterans Affairs medical center in St. Petersburg, Florida, shall, after the end 

of the service of C. W. Bill Young as a Member of Congress be 

known as the ‘‘C. W. Bill Young Department of Veterans Affairs 

Medical Center’’. 

(b) REFRENCES.—Any reference in any law, regulation, map, 

document, record, or other paper of the United States to such medical center referred to in subsection (a) shall be deemed to be a reference to the ‘‘C. W. Bill Young Department of Veterans Affairs Medical Center’’. 

SEC. 117. Of the funds provided in Public Law 108–7, under 

the heading of ‘‘Department of Defense—Civil’’, ‘‘Department of the 

Army’’, ‘‘Corps of Engineers—Civil’’, ‘‘Construction, General’’, the 

Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the False Pass, Alaska, 

project, in accordance with the Report of the Chief of Engineers, 

dated December 29, 2000. 

SEC. 118. The Secretary of the Army, acting through the Chief 

of Engineers, is hereby authorized and directed to design the Central Riverfront Park project on the Ohio Riverfront in Cincinnati, 

Ohio, as described in the Central Riverfront Park Master Plan performed by the City of Cincinnati, dated December 1999, and the 

Section 905(b) analysis, performed by the Louisville District of the 

Corps of Engineers, dated August 2002. The cost of project work undertaken by the non-Federal interests, including but not limited to 

prior and current planning and design, shall be credited toward the 

non-Federal share of design costs. 

SEC. 119. The Secretary of the Army, acting through the Chief 

of Engineers, is directed to use any remaining available funds from 

funds appropriated in Public Law 101–101 for the Hamlet City 

Lake, North Carolina, project to provide assistance in carrying out 

any authorized water-related infrastructure projects in Richmond 

County, North Carolina. 

SEC. 120. The Secretary of the Army, acting through the Chief 

of Engineers, is directed to snag and clear existing debris including 

trees in Deep River, near Lake Station, Indiana, under Section 208 

of the Flood Control Act of 1954, as amended. 

SEC. 121. Section 117, subsection (4), of the Energy and Water 

Development Appropriations Act, 2004, is amended to read as follows: 

‘‘(4) in subsection (h), by striking ‘2001—’ and all that follows and inserting ‘2001—$100,000,000 for Rural Nevada, and 

$25,000,000 for each of Idaho, Montana, New Mexico, and 

rural Utah, to remain available until expended.’.’’. 

SEC. 122. The Secretary of the Army, acting through the Chief 

of Engineers, is directed to use any remaining available funds from 

funds appropriated and made available in Public Law 103–316 for 

construction of the Savannah Harbor Deepening Project, Savannah, 

Georgia, for the Savannah Harbor Expansion Project, Savannah, 

Georgia. 

441

SEC. 123. The Secretary of the Army, acting through the Chief 

of Engineers, is directed to proceed with the construction of the Columbia River Channel Improvements, Oregon and Washington, 

project in accordance with the Report of the Chief of Engineers, 

dated December 23, 1999, and the economic justification and environmental features stated therein, as amended by the Final Supplemental Environmental Impact Statement dated January 28, 2003.

SEC. 124. The Secretary of the Army, acting through the Chief 

of Engineers, is directed to use previously appropriated funds to 

proceed with design and initiate construction to complete the Stillwater, Minnesota, Levee and Flood Control project. 

SEC. 125. Of the funds made available in the Energy and Water 

Development Appropriations Act, 2004, to the Western Area Power 

Administration, up to $166,100,000 collected by the Western Area 

Power Administration pursuant to the Flood Control Act of 1944 

and the Reclamation Project Act of 1939 to recover purchase power 

and wheeling expenses shall be credited to the ‘‘Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration’’ account as offsetting collections. 

SEC. 126. Of the funds provided for the development of the new 

molecular imaging probes in the statement of managers to accompany H.R. 2754, $5,000,000 shall be provided to the University of 

California, Los Angeles for the continued efforts for PET imaging, 

systems biology and nanotechnology. 

SEC. 127. Funds appropriated in this, or any other Act hereafter, may not be obligated to pay, on behalf of the United States 

or a contractor or subcontractor of the United States, to post a bond 

or fulfill any other financial responsibility requirement relating to 

closure or post-closure care and monitoring of Sandia National Laboratories and properties held or managed by Sandia National Laboratories prior to implementation of closure or post-closure monitoring. The State of New Mexico or any other entity may not enforce 

against the United States or a contractor or subcontractor of the 

United States, in this year or any other fiscal year, a requirement 

to post bond or any other financial responsibility requirement relating to closure or post-closure care and monitoring of Sandia National Laboratories in New Mexico and properties held or managed 

by Sandia National Laboratories in New Mexico. 

SEC. 128. TREATMENT OF CERTAIN WASTE MATERIALS. (a) IN

GENERAL.—Notwithstanding any other provision of law, the federal 

commission with the authority to regulate the material designated 

as ‘‘11e.(2) by-product material’’ by section 312 of the Energy and 

Water Development Appropriations Act, 2004, or by section 634 of 

the Energy Policy Act of 2003, shall not allow or otherwise permit 

any facility to receive or dispose of such material if the facility is 

located in a state that has an application pending under section 274 

of the Atomic Energy Act of 1954 (42 U.S.C. 2021) to regulate the 

11e.(2) material covered under this section. 

(b) SUNSET.—Subsection (a) ceases to be effective January 1, 

2005. 

SEC. 129. In the conference report accompanying H.R. 6, the 

Energy Policy Act, in Section 1512, subsection b strike ‘‘University 

of Mississippi and the University of Oklahoma’’ and insert in lieu 

thereof ‘‘Mississippi State University and Oklahoma State University’’. 

442

SEC. 130. DEPARTMENT OF ENERGY, ENERGY PROGRAMS, 

SCIENCE. For an additional amount for ‘‘Science’’, $50,000,000, to 

remain available until expended, is provided for the Coralville, 

Iowa, project, which is to utilize alternative renewable energy 

sources. 

SEC. 131. For an additional amount for the ‘‘Science’’ account 

of the Department of Energy in the Energy and Water Development 

Appropriations Act, 2004, there is appropriated $250,000, to remain 

available until expended, for Biological Sciences at DePaul University; $500,000, to remain available until expended; for the CedarsSinai Gene Therapy Research Program; and $500,000, to remain 

available until expended, for the Hartford Hospital Interventional 

Electrophysiology Project. 

SEC. 132. For an additional amount for the ‘‘Energy Supply’’ 

account of the Department of Energy in the Energy and Water Development Appropriations Act, 2004, there is appropriated $750,000, 

to remain available until expended, for the Energy Center of Wisconsin Renewable Fuels Project; $500,000, to remain available until 

expended, for the Wind Energy Transmission Study; $250,000, to remain available until expended, for the White Pine County, Nevada, 

Public School System biomass conversion heating project; $250,000, 

to remain available until expended, for the Lead Animal Shelter 

Animal Campus renewable energy demonstration project; 

$3,000,000, to remain available until expended, for the establishment of a Hawaii Hydrogen Center for Development and Deployment of Distributed Energy Systems; and $250,000, to remain available until expended, for the Eastern Nevada Landscape Coalition 

for biomass restoration and science-based restoration. 

SEC. 133. For an additional amount for the ‘‘Construction, General’’ account of the Energy and Water Development Appropriations 

Act, 2004, there is appropriated $13,750,000, to remain available 

until expended. 

SEC. 134. For an additional amount for ‘‘Millennium Challenge 

Corporation’’, $350,000,000, to remain available until expended. 

SEC. 135. Section 203(m) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(m)) is amended 

by striking ‘‘December 31, 2003’’ and inserting ‘‘December 31, 2004’’.

SEC. 136. (a) The National Flood Insurance Act of 1968 is 

amended—

(1) in section 1319 (42 U.S.C. 4026), by striking ‘‘December 

31, 2003’’ and inserting ‘‘June 30, 2004.’’; 

(2) in the first sentence of section 1309(a) (42 U.S.C. 

4016(a)), by striking ‘‘December 31, 2003’’ and inserting ‘‘the 

date specified in section 1319’’; 

(3) in section 1336(a) (42 U.S.C. 4056(a)), by striking ‘‘December 31, 2003’’ and inserting ‘‘on the date specified in section 

1319’’; and 

(4) in section 1376(c) (42 U.S.C. 4127(c)), by striking ‘‘December 31, 2003’’ and inserting ‘‘the date specified in section 

1319’’. 

(b) The amendments made by this section shall be considered 

to have taken effect on December 31, 2003. 

SEC. 137. (a) Section 441(c) of the Maritime Transportation Security Act of 2002 (Public Law 107–295) is amended— 

443

(1) by striking ‘‘and that is not the subject of an action 

prior to June 20, 2002, alleging a breach of subsections (a) and 

(b) of section 10601 as in effect on such date,’’; and 

(2) by striking ‘‘such subsections’’ and inserting ‘‘subsections 

(a) and (b) of section 10601 of title 46, United States Code, as 

in effect prior to November 25, 2002’’. 

(b) The amendments made by subsection (a) apply to all proceedings pending on or commenced after the date of enactment of 

this Act. 

SEC. 138. Public Law 108–108 is amended under the heading 

‘‘Bureau of Indian Affairs, Construction’’ by striking ‘‘25 U.S.C. 

2005(a)’’ and inserting ‘‘25 U.S.C. 2005(b)’’ and by striking ‘‘25 

U.S.C. 2505(f)’’ and inserting ‘‘25 U.S.C. 2504(f)’’. 

SEC. 139. CONGAREE NATIONAL PARK BOUNDARY REVISION. (a) 

IN GENERAL.—Subsection (c) of the first section of Public Law 94–

545 (90 Stat. 2517; 102 Stat. 2607) is amended by striking paragraph (6) and inserting the following: 

‘‘(6) EFFECT.—Nothing in this section—

‘‘(A) affects the use of private land adjacent to the park; 

‘‘(B) preempts the authority of the State with respect to 

the regulation of hunting, fishing, boating, and wildlife 

management on private land or water outside the boundaries of the park; 

‘‘(C) shall negatively affect the economic development of 

the areas surrounding the park; or 

‘‘(D) affects the classification of the park under section 

162 of the Clean Air Act (42 U.S.C. 7472).’’. 

(b) DESIGNATION OF CONGAREE NATIONAL PARK WILDERNESS.—

(1) DESIGNATION.—The wilderness established by section 

2(a) of the Congaree Swamp National Monument Expansion 

and Wilderness Act (102 Stat. 2606) and known as the ‘‘Congaree Swamp National Monument Wilderness’’ shall be known 

and designated as the ‘‘Congaree National Park Wilderness’’. 

(2) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the wilderness referred to in paragraph (1) shall be deemed to be a reference to the Congaree National Park Wilderness. 

SEC. 140. Section 123 of the Department of the Interior and Related Agencies Appropriations Act, 2004 (Public Law 108–108), is 

amended by striking ‘‘any other governmental land management entity’’ and inserting ‘‘any other land management entity’’. 

SEC. 141. Effective as of November 18, 2003, section 9 of Public 

Law 100–692 (102 Stat. 4556; 16 U.S.C. 461 note.) is amended to 

read as follows: 

‘‘SEC. 9. TERMINATION OF COMMISSION. 

The Commission shall terminate on November 18, 2007.’’. 

SEC. 142. Title IV of Public Law 108–108 is amended in section 

403(b)(4) by striking ‘‘75–5–703(10)(b)’’ and inserting in lieu thereof 

‘‘75–5–703(10)(c)’’. 

SEC. 143. Public Law 108–108 is amended under the heading 

‘‘Indian Health Service, Indian Health Services’’ by deleting ‘‘(d) 

$2,000,000 for the Alaska Federation of Natives sobriety and 

wellness program for competitive merit-based grants:’’ and inserting 

‘‘(d) $2,000,000 for RuralCap for alcohol treatment and related 

444

transitional housing for homeless chronic inebriates in Anchorage, 

AK:’’. 

SEC. 144. Public Law 108–108 is hereby amended by adding at 

the end of section 344 the following: 

‘‘(c) EXEMPTIONS.—The requirements of this section shall not 

apply to amounts in this Act designated as emergency requirements 

pursuant to section 502 of H. Con. Res. 95 (108th Congress), the 

concurrent resolution on the budget for fiscal year 2004. 

‘‘(d) INDIAN LAND AND WATER CLAIM SETTLEMENTS.—Under the 

heading ‘Bureau of Indian Affairs, Indian Land and Water Claim 

Settlements and Miscellaneous Payments to Indians’, the across-theboard rescission in this section, and any subsequent across-theboard rescission for fiscal year 2004, shall apply only to the first 

dollar amount in the paragraph and the distribution of the rescission shall be at the discretion of the Secretary of the Interior who 

shall submit a report on such distribution and the rationale therefor 

to the House and Senate Committees on Appropriations.’’. 

SEC. 145. THEODORE ROOSEVELT NATIONAL WILDLIFE REFUGE. (a) DEFINITIONS.—In this section: 

(1) COUNTY.—The term ‘‘county’’ means each of the counties 

of Leflore, Holmes, Humphreys, Sharkey, Warren, and Washington in the State. 

(2) REFUGE.—The term ‘‘Refuge’’ means the Theodore Roosevelt National Wildlife Refuge established under subsection (b). 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(4) STATE.—The term ‘‘State’’ means the State of Mississippi. 

(b) ESTABLISHMENT.—The Secretary shall establish the Theodore Roosevelt National Wildlife Refuge, consisting of approximately 

6,600 acres of land that—

(1) as of the date of enactment of this Act, is owned by the 

United States; 

(2) was formerly in the inventory of the United States Department of Agriculture; and

(3) is located in the counties. 

(c) MAP.—As soon as practicable after the date of enactment of 

this Act, the Secretary shall prepare a map depicting the boundaries 

of the Refuge. 

(d) BOUNDARY REVISION.—The Secretary may revise the boundaries of the Refuge in the counties to—

(1) carry out the purposes of the Refuge; or 

(2) facilitate the acquisition or donation of land. 

(e) ACQUISITION OF LAND.—Notwithstanding any other provision of law, the Secretary may, for management purposes, exchange 

Refuge land for land acquired or donated for fee title that is located 

in the counties. 

(f) EDUCATION CENTER.—The Secretary of the Army, acting 

through the Chief of Engineers, in consultation with the Secretary, 

shall design and construct a multiagency wildlife and environmental interpretive and education center at a location in the South 

Delta area of the State to be determined by a site selection and feasibility study conducted by the Secretary of the Army. 

(g) DESIGNATION OF REFUGE COMPLEXES.—

(1) HOLT COLLIER NATIONAL WILDLIFE REFUGE.—

445

(A) DESIGNATION.—The refuge in the State known as 

the ‘‘Bogue Phalia Unit of the Yazoo National Wildlife Refuge’’ shall be known as the ‘‘Holt Collier National Wildlife 

Refuge’’. 

(B) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United 

States to the refuge referred to in subparagraph (A) shall 

be deemed to be a reference to the Holt Collier National 

Wildlife Refuge. 

(2) THEODORE ROOSEVELT NATIONAL WILDLIFE REFUGE

COMPLEX.—

(A) DESIGNATION.—The refuge complex in the State 

known as the ‘‘Central Mississippi National Wildlife Refuge 

Complex’’ shall be known as the ‘‘Theodore Roosevelt National Wildlife Refuge Complex’’. 

(B) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United 

States to the refuge complex referred to in subparagraph 

(A) shall be deemed to be a reference to the Theodore Roosevelt National Wildlife Refuge Complex. 

(h) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated 

such sums as are necessary to carry out this section. 

(2) EDUCATION CENTER.—There are authorized to be appropriated to carry out subsection (f) $6,000,000. 

SEC. 146. For the purposes described in section 386 of the Energy Policy Act of 2003 there is authorized to be appropriated 

$1,000,000, except that upon that Act becoming law, section 386 is 

amended through this Act: 

(1) in subsection (a) by inserting before the term ‘‘to issue’’ 

the phrase ‘‘or with an entity the Secretary determines is qualified to construct and operate a liquefied natural gas project to 

transport liquefied natural gas from Southcentral Alaska to 

West Coast states,’’; 

(2) at the end of paragraph 386(b)(1) by striking the period 

and inserting in its place ‘‘, or after the Secretary certifies there 

exists a qualified entity to construct and operate a liquefied natural gas project to transport liquefied natural gas from 

Southcentral Alaska to West Coast States. In no case shall loan 

guarantees be issued for more than one qualified project.’’; 

(3) at the end of paragraph 386(c)(2) by striking the period 

and inserting in its place ‘‘, except that the total amount of 

principal that may be guaranteed for a qualified liquefied natural gas project may not exceed a principal amount in which 

the cost of loan guarantees, as defined by section 502(5) of the 

Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)), exceeds 

$2,000,000,000.’’; and 

(4) at paragraph 386(g)(4): 

(A) by inserting before the term ‘‘consisting’’ the new 

term ‘‘or system’’; and 

(B) by inserting between the term ‘‘plants’’ and the ‘‘)’’ 

the phrase ‘‘liquification plants and liquefied natural gas 

tankers for transportation of liquefied natural gas from 

Southcentral Alaska to the West Coast’’. 

446

SEC. 147. PAYMENT OF EXPENSES AFTER THE DEATH OF CERTAIN FEDERAL EMPLOYEES IN THE STATE OF ALASKA. Section 1308 

of the Alaska National Interest Lands Conservation Act (16 U.S.C. 

3198) is amended—

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) PAYMENT OF EXPENSES AFTER DEATH OF AN EMPLOYEE.—

‘‘(1) DEFINITION OF IMMEDIATE FAMILY MEMBER.—In this 

subsection, the term ‘‘immediate family member’’ means a person related to a deceased employee that was a member of the 

household of the deceased employee at the time of death. 

‘‘(2) PAYMENTS.—If an employee appointed under the program established by subsection (a) dies in the performance of 

any assigned duties on or after October 1, 2002, the Secretary 

may—

‘‘(A) pay or reimburse reasonable expenses, regardless 

of when those expenses are incurred, for the preparation 

and transportation of the remains of the deceased employee 

to a location in the State of Alaska which is selected by the 

surviving head of household of the deceased employee; 

‘‘(B) pay or reimburse reasonable expenses, regardless 

of when those expenses are incurred, for transporting immediate family members and the baggage and household 

goods of the deceased employee and immediate family members to a community in the State of Alaska which is selected by the surviving head of household of the deceased 

employee.’’. 

SEC. 148. UNITED STATES OFFICE FOR NATIVE HAWAIIAN RELATIONS. (a) ESTABLISHMENT.—The sum of $100,000 is appropriated, 

to remain available until expended, for the establishment of the Office of Native Hawaiian Relations within the Office of the Secretary 

of the Interior. 

(b) DUTIES.—The Office shall— 

(1) effectuate and implement the special legal relationship 

between the Native Hawaiian people and the United States; 

(2) continue the process of reconciliation with the Native 

Hawaiian people; and 

(3) fully integrate the principle and practice of meaningful, 

regular, and appropriate consultation with the Native Hawaiian people by assuring timely notification of and prior consultation with the Native Hawaiian people before any federal agency 

takes any actions that may have the potential to significantly 

affect Native Hawaiian resources, rights, or lands. 

SEC. 149. LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE

AND SIOUX TRIBES OF THE FORT PECK RESERVATION. The first section of the Act of August 9, 1955 (25 U.S.C. 415), is amended by 

adding at the end the following: 

‘‘(g) LEASE OF TRIBALLY-OWNED LAND BY ASSINIBOINE AND

SIOUX TRIBES OF THE FORT PECK RESERVATION.—

‘‘(1) IN GENERAL.—Notwithstanding subsection (a) and any 

regulations under part 162 of title 25, Code of Federal Regulations (or any successor regulation), subject to paragraph (2), the 

Assiniboine and Sioux Tribes of the Fort Peck Reservation may 

lease to the Northern Border Pipeline Company tribally-owned 

447

land on the Fort Peck Indian Reservation for 1 or more interstate gas pipelines. 

‘‘(2) CONDITIONS.—A lease entered into under paragraph 

(1)—

‘‘(A) shall commence during fiscal year 2011 for an initial term of 25 years; 

‘‘(B) may be renewed for an additional term of 25 

years; and 

‘‘(C) shall specify in the terms of the lease an annual 

rental rate—

‘‘(i) which rate shall be increased by 3 percent per 

year on a cumulative basis for each 5-year period; and 

‘‘(ii) the adjustment of which in accordance with 

clause (i) shall be considered to satisfy any review requirement under part 162 of title 25, Code of Federal 

Regulations (or any successor regulation).’’. 

SEC. 150. (a) SHORT TITLE. This Act may be cited as the ‘‘Fern 

Lake Conservation and Recreation Act’’. 

(b) FINDINGS AND PURPOSES.—

(1) FINDINGS.—The Congress finds the following: 

(A) Fern Lake and its surrounding watershed in Bell 

County, Kentucky, and Claiborne County, Tennessee, is 

within the potential boundaries of Cumberland Gap National Historical Park as originally authorized by the Act 

of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et seq.). 

(B) The acquisition of Fern Lake and its surrounding 

watershed and its inclusion in Cumberland Gap National 

Historical Park would protect the vista from Pinnacle Overlook, which is one of the park’s most valuable scenic resources and most popular attractions, and enhance recreational opportunities at the park. 

(C) Fern Lake is the water supply source for the city of 

Middlesboro, Kentucky, and environs. 

(D) The 4,500-acre Fern Lake watershed is privately 

owned, and the 150-acre lake and part of the watershed are 

currently for sale, but the Secretary of the Interior is precluded by the first section of the Act of June 11, 1940 (16 

U.S.C. 261), from using appropriated funds to acquire the 

lands.

(2) PURPOSES.—The purposes of the Act are—

(A) to authorize the Secretary of the Interior to use appropriated funds if necessary, in addition to other acquisition methods, to acquire from willing sellers Fern Lake and 

its surrounding watershed, in order to protect scenic and 

natural resources and enhance recreational opportunities at 

Cumberland Gap National Historical Park; and 

(B) to allow the continued supply of water from Fern 

Lake to the city of Middlesboro, Kentucky, and environs. 

(c) LAND ACQUISITION AND CONVEYANCE AUTHORITY, FERN

LAKE, CUMBERLAND GAP NATIONAL HISTORICAL PARK.—

(1) DEFINITIONS.—In this section: 

(A) FERN LAKE.—The term ‘‘Fern Lake’’ means Fern 

Lake located in Bell County, Kentucky, and Claiborne 

County, Tennessee. 

448

(B) LAND.—The term ‘‘land’’ means land, water, interests in land, and any improvements on the land. 

(C) PARK.—The term ‘‘park’’ means Cumberland Gap 

National Historical Park, as authorized and established by 

the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et 

seq.). 

(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the National Park Service. 

(2) ACQUISITION AUTHORIZED.—The Secretary may acquire 

for addition to the park lands consisting of approximately 4,500 

acres and containing Fern Lake and its surrounding watershed, 

as generally depicted on the map entitled ‘‘Cumberland Gap 

National Historical Park, Fern Lake Watershed’’, numbered 

380/80,004, and dated May 2001. The map shall be on file in 

the appropriate offices of the National Park Service. 

(3) BOUNDARY ADJUSTMENT AND ADMINISTRATION.—Subject 

to paragraph (4), the Secretary shall revise the boundaries of 

the park to include the land acquired under paragraph (2). The 

Secretary shall administer the acquired lands as part of the 

park in accordance with the laws and regulations applicable to 

the park. 

(4) CONVEYANCE OF FERN LAKE.— (A) CONVEYANCE REQUIRED.—If the Secretary acquires 

Fern Lake, the Secretary shall convey, notwithstanding any 

other law and without consideration, to the city of 

Middlesboro, Kentucky, all right, title, and interest of the 

United States in and to Fern Lake, up to the normal operating elevation of 1,200.4 feet above sea level, along with 

the dam and all appurtenances associated with the withdrawal and delivery of water from Fern Lake. 

(B) TERMS OF CONVEYANCE.—In executing the conveyance under subparagraph (4)(A), the Secretary may retain 

an easement for scenic and recreational purposes. 

(C) REVERSIONARY INTEREST.—In the event Fern Lake 

is no longer used as a source of municipal water supply for 

the city of Middlesboro, Kentucky, and its environs, ownership of Fern Lake shall revert to the United States and it 

shall be managed by the Secretary as part of the park. 

(5) CONSULTATION REQUIREMENTS.—In order to better manage lands acquired under this section in a manner that will facilitate the provision of water for municipal needs, as well as 

the establishment and promotion of new recreational opportunities at the park, the Secretary shall consult with—

(A) appropriate officials in the States of Kentucky, Tennessee, and Virginia, and political subdivisions of these 

States; 

(B) organizations involved in promoting tourism in 

these States; and 

(C) other interested parties. 

SEC. 151. (a) The Attending Physician to Congress shall have 

the authority and responsibility for overseeing and coordinating the 

use of medical assets in response to a bioterrorism event and other 

medical contingencies or public health emergencies occurring within 

the Capitol Buildings or the U.S. Capitol Grounds. This shall inVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00452 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
449

clude the authority to enact quarantine and to declare death. These 

actions will be carried out in close cooperation and communication 

with the Commissioner of Public Health, Chief Medical Examiner, 

and other Public Health Officials of the District of Columbia government. 

(b) In this section—

(1) the term ‘‘Capitol Buildings’’ has the meaning given 

such term in section 5101 of title 40, United States Code; and 

(2) the term ‘‘United States Capitol Grounds’’ has the 

meaning given such term in section 5102(a) of title 40, United 

States Code.

(c) Subsection (a) shall take effect on the date of the enactment 

of this Act and shall apply during any fiscal year occurring on or 

after such date. 

SEC. 152. (a) Notwithstanding section 907(a) of Public Law 

107–206 (116 Stat. 977) or section 1102 of the Legislative Branch 

Appropriations Act, 2004 (2 U.S.C. 1822(b)), the Architect of the 

Capitol, at any time after the date of the enactment of this Act and 

subject to the availability of appropriations, may enter into an 

agreement to acquire by lease any portion of the real property located at 499 South Capitol Street Southwest in the District of Columbia for the use of the United States Capitol Police. 

(b) Any real property acquired by the Architect of the Capitol 

pursuant to subsection (a) shall be subject to the provisions of the 

Act entitled ‘‘An Act to define the area of the United States Capitol 

Grounds, to regulate the use thereof, and for other purposes’’, approved July 31, 1946. 

SEC. 153. THE UNITED STATES SENATE-CHINA INTER- PARLIAMENTARY GROUP. (a) ESTABLISHMENT AND MEETINGS.—Not 

to exceed 12 Senators shall be appointed to meet annually with representatives of the National People’s Congress of the People’s Republic of China for discussion of common problems in the interest of relations between the United States and China. The Senators so appointed shall be referred to as the ‘‘United States group’’ of the 

United States Senate-China Interparliamentary Group. 

(b) APPOINTMENT OF MEMBERS.—The President pro tempore of 

the Senate shall appoint Senators under this section upon the recommendations of the majority and minority leaders of the Senate. 

The President pro tempore of the Senate shall designate 1 Senator 

as the Chair of the United States group. 

(c) FUNDING.—There is authorized to be appropriated $100,000 

for each fiscal year to assist in meeting the expenses of the United 

States group for each fiscal year for which an appropriation is 

made. Appropriations shall be disbursed on vouchers to be approved 

by the Chair of the United States group. 

(d) CERTIFICATION OF EXPENDITURES.—The certificate of the 

Chair of the United States group shall be final and conclusive upon 

the accounting officers in the auditing of the accounts of the United 

States group. 

(e) FISCAL YEAR 2004 FUNDING.—There is authorized within 

the contingent fund of the Senate under the appropriation account 

‘‘MISCELLANEOUS ITEMS’’ $75,000 for fiscal year 2004 to assist in 

meeting the official expenses of the United States Senate-China 

Interparliamentary Group including conference room expenses, hospitality expenses, and food and food-related expenses. Expenses 

450

shall be paid on vouchers to be approved by the Chair of the United 

States group. The Secretary of the Senate is authorized to advance 

such sums as necessary to carry out this subsection. 

(f) APPROPRIATIONS.—There are appropriated, out of any money 

in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, $100,000 for the United States SenateChina Interparlimentary Group. 

(g) EFFECTIVE DATE.— (1) IN GENERAL.—Subsections (a) though (d) shall apply to 

fiscal year 2004, and each fiscal year thereafter. 

(2) FISCAL YEAR 2004.—Subsections (e) and (f) shall apply 

to fiscal year 2004. 

SEC. 154. THE UNITED STATES SENATE-RUSSIA INTER- PARLIAMENTARY GROUP. (a) ESTABLISHMENT AND MEETINGS.—Not 

to exceed 12 Senators shall be appointed to meet annually with representatives of the Federation Council of Russia for discussion of 

common problems in the interest of relations between the United 

States and Russia. The Senators so appointed shall be referred to 

as the ‘‘United States group’’ of the United States Senate-Russia 

Interparliamentary Group. 

(b) APPOINTMENT OF MEMBERS.—The majority and minority 

leaders of the Senate shall appoint the Senators of the United States 

group. The majority leader of the Senate shall designate 1 Senator 

as the Chair of the United States group. 

(c) FUNDING.—There is authorized to be appropriated $100,000 

for each fiscal year to assist in meeting the expenses of the United 

States group for each fiscal year for which an appropriation is 

made. Appropriations shall be disbursed on vouchers to be approved 

by the Chair of the United States group. 

(d) CERTIFICATION OF EXPENDITURES.—The certificate of the 

Chair of the United States group shall be final and conclusive upon 

the accounting officers in the auditing of the accounts of the United 

States group. 

(e) FISCAL YEAR 2004 FUNDING.—There is authorized within 

the contingent fund of the Senate under the appropriation account 

‘‘MISCELLANEOUS ITEMS’’ $75,000 for fiscal year 2004 to assist in 

meeting the official expenses of the United States Senate-Russia 

Interparliamentary Group including conference room expenses, hospitality expenses, and food and food-related expenses. Expenses 

shall be paid on vouchers to be approved by the Chair of the United 

States group. The Secretary of the Senate is authorized to advance 

such sums as necessary to carry out this subsection.

(f) APPROPRIATIONS.—There are appropriated, out of any money 

in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, $100,000 for the United States Senate-Russia Interparlimentary Group. 

(g) EFFECTIVE DATE.—

(1) IN GENERAL.—Subsections (a) through (d) shall apply to 

fiscal year 2004, and each fiscal year thereafter. 

(2) FISCAL YEAR 2004.—Subsections (e) and (f) shall apply 

to fiscal year 2004. 

SEC. 155. PAYMENT OF EXPENSES OF THE CHAPLAIN OF THE

SENATE FROM THE CONTINGENT FUND OF THE SENATE. (a) IN GEN- ERAL.—For each fiscal year there is authorized to be expended from 

the contingent fund of the Senate an amount, not in excess of 

451

$50,000 for the Chaplain of the Senate. Payments under this section 

shall be made only for expenses actually incurred by the Chaplain 

of the Senate in carrying out his functions, and shall be made upon 

certification and documentation of the expenses involved, by the 

Chaplain claiming payment under this section and upon vouchers 

approved by the Chaplain and by the Committee on Rules and Administration. Funds authorized for expenditure under this section 

may be used to purchase food or food related items. 

(b) REPEAL OF REVOLVING FUND.— (1) REPEAL.—Section 2 of the Legislative Branch Appropriations Act, 1996 (2 U.S.C. 61d–3) is repealed. 

(2) REMAINING FUNDS.—Any funds in the Chaplain Expense Revolving Fund on the date of the repeal under this section shall be remitted to the general fund of the United States 

Treasury. 

(c) EFFECTIVE DATE.—This section shall apply with respect to 

fiscal year 2004, and each fiscal year thereafter. 

SEC. 156. (a) There is established in the House of Representatives a fund to be known as the ‘‘House of Representatives Revolving 

Fund’’, consisting of the following amounts: 

(1) Amounts appropriated to the Fund. 

(2) Amounts donated to the Fund. 

(3) Interest on the balance of the Fund. 

(b) Amounts in the Fund shall be expended at the direction of 

the Chief Administrative Officer of the House of Representatives, 

upon notification provided by the Chief Administrative Officer to the 

Committee on Appropriations of the House of Representatives, and 

shall remain available until expended. 

(c) This section shall apply with respect to fiscal year 2004 and 

each succeeding fiscal year. 

SEC. 157. RECOMPUTATION OF BENEFITS GUARANTEED IN CONNECTION WITH THE TERMINATION OF THE REPUBLIC STEEL RETIRE- MENT PLAN. (a) IN GENERAL.—The Pension Benefit Guaranty Corporation shall recompute the liability for monthly benefits guaranteed under section 4022 of the Employee Retirement Income Security 

Act of 1974 which are payable (without regard to this section) with 

respect to each participant and beneficiary under the Republic Steel 

Retirement Plan in connection with its termination on September 

30, 1986. 

(b) ADJUSTMENT OF GUARANTEED BENEFIT AMOUNTS.—In recomputing the liability for monthly guaranteed benefits pursuant to 

subsection (a) with respect to each participant or beneficiary, the 

Corporation shall increase the amount of such liability (as determined without regard to this section) by—

(1) the amount of the liability for nonguaranteed benefits 

under the LTV Steel Supplemental Pension Plan, as in effect 

with respect to such participant or beneficiary on January 1, 

2001, and 

(2) the amount of the liability for nonguaranteed benefits 

payable through the trust established in connection with the Republic Steel Plan under section 4049 of the Employee Retirement Income Security Act of 1974, as in effect with respect to 

such participant or beneficiary on January 1, 2001. 

(c) CERTAIN BENEFITS DISREGARDED.—In making the recalculation under this section, the Corporation shall disregard—

452

(1) the amount of any benefits which were not paid during 

the period beginning with January 1, 2001, and ending with 

December 31, 2003, under the LTV Steel Supplemental Pension 

Plan or through the section 4049 trust referred to in subsection 

(b)(2), 

(2) any liability for benefits under the LTV Steel Supplemental Pension Plan or through the section 4049 trust referred 

to in subsection (b)(2) that were included in the LTV Steel Salaried Defined Benefit Retirement Plan, as in effect on January 

1, 1999, 

(3) any liability for additional benefits that were included 

in the LTV Steel Supplemental Pension Plan to compensate for 

any liability of participants and beneficiaries under chapter 21 

of the Internal Revenue Code of 1986 in connection with benefits payable under such Plan, and 

(4) any liability under the LTV Steel Supplemental Pension 

Plan for temporary supplements. 

(d) TIMING AND APPLICATION OF DETERMINATIONS.—Determinations of the increase in liability pursuant to subsection (b) shall be 

made as of December 31, 2003, using the mortality and interest assumptions otherwise applicable to plan terminations under title IV 

of the Employee Retirement Income Security Act of 1974 on such 

date. The recomputation under this section shall apply only with respect to benefits payable after such date. 

SEC. 158. In addition to amounts appropriated or otherwise made available in other Acts, $9,692,000 is hereby appropriated to 

the Department of Defense Family Housing Improvement Fund, to 

remain available until expended, for family housing initiatives undertaken pursuant to the provisions of subchapter IV of chapter 169, 

title 10, United States Code: Provided, That such funds shall be 

available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees 

issued by the Department of Defense pursuant to the provisions of 

such subchapter: Provided further, That of the funds available in 

the ‘‘Foreign Currency Fluctuations, Construction, Defense’’ account, 

$9,692,000 are rescinded. 

SEC. 159. For an additional amount to carry out section 257 of the Help America Vote Act of 2002, $1,000,000,000, to remain available until expended: Provided, That no more than 1⁄10 of 1 percent 

of funds available for requirements payments under section 257 of 

the Help America Vote Act of 2002 shall be allocated to any territory. 

SEC. 160. (a) DESIGNATION.—The United States courthouse located at 333 Lomas Blvd N.W. in Albuquerque, New Mexico, shall 

be known and designated as the ‘‘Pete V. Domenici United States 

Courthouse’’. 

(b) Any reference in law, map, regulation, document, paper, or 

other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the 

‘‘Pete V. Domenici United States Courthouse’’. 

SEC. 161. The Director of the Office of Management and Budget 

shall hereafter consult with Alaska Native corporations on the same 

basis as Indian tribes under Executive Order No. 13175. 

SEC. 162. Notwithstanding any other provision of law, in addition to amounts provided in this or any other Act for fiscal year 

453

2004, $50,000,000, to be derived from the Highway Trust Fund and 

to remain available until expended, of which $44,000,000 shall be 

for reconstruction of the Treasure Island Bridge in Treasure Island, 

Florida and of which $6,000,000 shall be for necessary road improvements and design of a plaza at the John F. Kennedy Center 

for the Performing Arts in Washington, D.C.

SEC. 163. Section 802(b)(1) of the Japanese Imperial Government Disclosure Act of 2000 (Public Law 106–567; 114 Stat. 2865) 

is amended by striking ‘‘3 years’’ and inserting ‘‘4 years’’. 

SEC. 164. The funds made available for Alaska Natives under 

the heading ‘‘Native American Housing Block Grants’’ in title II of 

division G of this Act shall be allocated to the same Native Alaskan 

Indian housing block grant recipients that received the funds in fiscal year 2003. 

SEC. 165. In addition to the amounts otherwise provided in this 

or any other Act for fiscal year 2004, for ‘‘Department of Housing 

and Urban Development, Community Development Fund’’, 

$10,000,000 to remain available until expended for a grant to the 

Anchorage Museum in Anchorage, Alaska for facilities construction. 

SEC. 166. The Secretary of a military department may use the 

authority provided in section 2667(a) of title 10, United States Code, 

to lease military family housing in the National Capital Region (as 

defined in section 2674 of such title) to key and essential personnel 

for continuity of government purposes. 

SEC. 167. Notwithstanding any other provision of law, in addition to amounts otherwise provided in this or any other Act for fiscal year 2004, $55,000,000 is appropriated, to be available until expended, to be distributed as follows: for Department of Energy, Energy Programs, ‘‘Energy Supply’’, $12,400,000 for expenses related to 

the purchase, construction, operation of facilities, and acquisition of 

plant and capital equipment for facilities that produce fuels from 

agricultural and animal wastes, to the Society for Energy and Environmental Research, a not-for-profit energy research and development institution, to administer the program; for Department of 

Transportation, Federal Aviation Administration, ‘‘Grants-in-aid for 

airports’’, $2,000,000 for the extension of a runway at Fort Worth 

Alliance Airport, Fort Worth, Texas; for Department of Transportation, Federal Highway Administration, $1,000,000, for Rock 

County Road, Janesville, Wisconsin; for Department of Transportation, Federal Highway Administration, $2,500,000, for improvements to I–75 in Lee County, Florida; for Department of Veterans 

Affairs, Departmental Administration, ‘‘Construction; major 

projects’’, $500,000 for the preliminary planning of a new ambulatory clinic at the Defense Supply Center, Columbus in Columbus, 

Ohio; for ‘‘Small Business Administration, Salaries and Expenses’’, 

$500,000, to be available for a grant to the University of WisconsinGreen Bay to establish a paper science technology transfer center; 

for ‘‘Funds Appropriated to the President, Bilateral Economic Assistance, Independent States of the Former Soviet Union’’, 

$1,000,000, for the National Program of Action for the Protection of 

the Arctic Marine Environment; for ‘‘Army Corps of Engineers, Construction, General’’, $1,000,000 for the Stockton Metropolitan Flood 

Control Reimbursement, California, project; for ‘‘Army Corps of Engineers, Construction, General’’, $1,000,000 for the San Timoteo 

Creek element of the Santa Ana River Mainstem, California, project; 

454

for ‘‘Army Corps of Engineers, Construction, General’’, $2,000,000; 

for the Florida Keys Water Quality Improvements, Florida, project; 

for ‘‘Army Corps of Engineers, Construction, General’’, $1,500,000, 

for the Southern West Virginia Environmental Infrastructure, West 

Virginia, project; for ‘‘Department of Energy, Science’’, $2,000,000 

for the Western Michigan University Nanotechnology Research and 

Computation Center; for Department of Energy, Energy Programs, 

‘‘Energy Supply’’, $2,500,000 for the Enterprise Center in Chattanooga, Tennessee, for the Chattanooga Fuel Cell Demonstration 

Project; for ‘‘Environmental Protection Agency, State and tribal assistance grants’’, for grants to address drinking water and waste 

water infrastructure, $2,000,000 for the Wyoming Valley Sanitation 

Authority, Pennsylvania for combined sewer overflow infrastructure 

improvements; for ‘‘Environmental Protection Agency, State and 

tribal assistance grants’’, for grants to address drinking water and 

waste water infrastructure, $1,000,000 to the Saratoga Water Committee in Saratoga County, New York for construction of a drinking 

water transport pipeline; for ‘‘Centers for Disease Control and Prevention, Disease Control, Research, and Training’’, $1,000,000, for 

a grant to the Center for Emerging Biological Threats at Emory 

University, Atlanta, Georgia; for ‘‘Department of Education, Higher 

Education’’, $500,000, for a grant to Santa Clara University in 

Santa Clara, California for technology infrastructure upgrades, 

campus-wide network infrastructure enhancements and equipment; 

for ‘‘Department of Housing and Urban Development, Community 

Development Fund’’, $600,000, for a grant to Shelter from the 

Storm, Incorporated in Palm Desert, California for facilities renovations and improvements; for Department of Labor, Employment and 

Training Administration, $500,000, for the Labor Institute for 

Training, Inc., Indianapolis, Indiana; Department of Labor, Employment and Training Administration, $250,000, for the Institute 

for Labor Studies and Research, Cranston, RI, for Learning on the 

Roll; For Department of Health and Human Services, Health Resources and Services Administration, $200,000, for St. Luke’s Episcopal Hospital, Houston, TX, facilities and equipment; For Department of Health and Human Services, Centers for Disease Control 

and Prevention, $200,000, for the University of Texas M.D. Anderson Cancer Center, Houston, TX, for a comprehensive cancer control 

program to address the needs of minority and medically underserved populations; For Department of Health and Human Services, 

Health Resources and Services Administration, $300,000, for the 

Long Island Cancer Center, State University of New York at Stony 

Brook, for facilities and equipment; For Department of Health and 

Human Services, Health Resources and Services Administration, 

$500,000 for the Iowa Health Foundation in Des Moines, Iowa for 

a demonstration project to improve dental care in underserved rural 

areas; For Department of Health and Human Services, Health Resources and Services Administration, $500,000, for the Cumberland 

Medical Center in Crossville, Tennessee for facilities and equipment; 

For Department of Health and Human Services, Centers for Disease 

Control and Prevention, $250,000 for the New Haven Public Schools 

in New Haven, Connecticut for the PE4LIFE program to promote 

and improve physical education, in cooperation with Yale University; For Department of Health and Human Services, Health Resources and Services Administration, $250,000, for Quinnipiac UniVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00458 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
455

versity in Hamden, Connecticut for health-related academic facilities and equipment; For Department of Health and Human Services, Health Resources and Services Administration, $365,000, for 

the University of Michigan Health Systems in Ann Arbor, Michigan 

for facilities and equipment; For Department of Health and Human 

Services, Administration on Aging, $500,000, for the Jewish Family 

& Children’s Center of Greater Boston for Naturally Occurring Retirement Communities project; For Department of Health and 

Human Services, Centers for Disease Control and Prevention, 

$100,000, for the Marion County Health Department in Salem, Oregon for a project to improve collection, analysis and dissemination 

of data on infectious diseases; For Department of Health and 

Human Services, Health Resources and Services Administration, 

$400,000, for the Tillamook Lightwave in Tillamook, Oregon for a 

fiber optic link between Tillamook County Hospital and the Oregon 

Health Sciences University; For Department of Health and Human 

Services, Centers for Disease Control and Prevention, $300,000, for 

the Access Community Health Network in Chicago, Illinois for programs related to prevention and control of chronic diseases; For Department of Health and Human Services, Health Resources and 

Services Administration, $200,000, for the Northwestern Memorial 

Hospital in Chicago, Illinois for facilities and equipment; For Department of Health and Human Services, Health Resources and 

Services Administration, $200,000, for the Illinois Primary Health 

Care Association, for implementation of the Shared Integrated Management Information System; For Department of Health and 

Human Services, Health Resources and Services Administration, 

$250,000, for Family Resources Community Action in Woonsocket, 

Rhode Island for outreach and supportive services for persons with 

HIV/AIDS; For Department of Health and Human Services, Health 

Resources and Services Administration, $250,000, for St. Joseph 

Hospital/PeaceHealth in Bellingham, WA, on behalf of the 

Whatcom Community Health Improvement Consortium, to implement a model for improving care for patients with chronic diseases 

and increasing access and efficiency of services; For Department of 

Health and Human Services, Health Resources and Services Administration, $150,000, for the Children’s Rehabilitation Center in 

White Plains, New York, for facilities and equipment; For Department of Health and Human Services, Health Resources and Services 

Administration, $60,000, for the Telfair Regional Hospital in 

McRae, Georgia for facilities and equipment; For Department of 

Health and Human Services, Health Resources and Services Administration, $65,000, for the Candler County Hospital in Metter, Georgia for facilities and equipment; For Department of Health and 

Human Services, Administration for Children and Families, 

$500,000 for The Boys & Girls Club of Greater Kansas City, Kansas 

City, MO, for the Heathwood Youth and Families Community Center; For Department of Health and Human Services, Health Resources and Services Administration, $200,000, for the Boston Medical Center in Boston, Massachusetts for facilities and equipment; 

For Department of Health and Human Services, Health Resources 

and Services Administration, $500,000, for the University of North 

Dakota School of Medicine and Health Sciences, for its rural health 

program in preventive medicine and behavioral sciences; For Department of Health and Human Services, Health Resources and 

456

Services Administration, $900,000, for the California Hospital Medical Center in Los Angeles, California for facilities and equipment; 

For Department of Health and Human Services, Health Resources 

and Services Administration, $500,000, for the City of Abilene, 

Texas, Abilene-Taylor County Public Health District, for facilities 

and equipment; For Department of Health and Human Services, 

Health Resources and Services Administration, $400,000, for the 

Houston County Hospital, Crockett, TX, for facilities and equipment; for Department of Education, $200,000, for the University of 

Hawaii, West Oahu campus, HI, to produce the ‘‘Primal Quest’’ film 

documentary; for Department of Education, $500,000, for the Union 

Parish School District, Farmerville, LA, to implement an online assessment and interactive instructional program; for Department of 

Education, $200,000, for the Middle Country School District, NY, to 

establish a math, science and technology lab at Oxhead Road Elementary School in Centereach, NY; for Department of Education, 

$500,000, for the Florida Campus Compact, Tallahassee, FL, to enhance service-learning on college campuses throughout Florida; for 

Department of Education, $340,000, for Southern Connecticut State 

University, New Haven, CT, to expand nursing education recruitment, diversity and training programs, in collaboration with Gateway Community College; for Department of Education, $60,000, for 

Gateway Community College, New Haven, CT, to enhance educational media and technology; for Department of Education, 

$100,000, for Project Georgetown, Georgetown, TX, for an afterschool program; for Department of Education, $200,000, for Communities in Schools-Bell-Coryell Counties, Inc., Killeen, TX, for educational services for at-risk youth; for Department of Education, 

$200,000, for Communities in Schools-Central Texas, Inc., Austin, 

TX, for educational services for at-risk youth; for Department of 

Education, $325,000; for Harrisburg Polytechnic Institute, Harrisburg, PA, for a K–16 curriculum, equipment, internships and enrichment activities for high school students; for Department of Education, $175,000, for Lehigh Carbon Community College, Tamaqua, 

PA, for equipment and technology upgrades, and for curricula; for 

Department of Education, $200,000, for Chicago State University, 

Chicago IL, to establish a school of pharmacy, including equipment; 

for Department of Education, $500,000, for Marywood University, 

Scranton, PA, to establish a Center for Assistive Technology; for Department of Education, $400,000, for the Boys & Girls Club of Pawtucket, RI, for academic and literacy, character education, career 

preparation, and enrichment activities for youth; for Department of 

Education, $250,000, for Whatcom Community College, Bellingham, 

WA, to establish a center for training in border security; for Department of Education, $400,000, for Westchester Community College, 

NY, for personnel, equipment and other programmatic expenses for 

The New Center; for Department of Education, $50,000, for the 

Marymount Institute for the Education of Women and Girls of 

Marymount College of Fordham University, Tarrytown, NY, for a 

mentoring project to enhance the academic and social development 

of Latina girls at Sleepy Hollow Middle School; for Department of 

Education, $500,000, for Northern Kentucky University, Highland 

Heights, KY, for the Urban Learning Center to expand access to 

postsecondary education; for Department of Education, $500,000, 

for Iron County School District, Cedar City, UT, for a student 

457

achievement management information system; for Department of 

Education, $200,000, for Western Maine Technical College, South 

Paris, ME, for education programs and marketing activities; for Department of Education, $275,000, for the YMCA of the Triangle 

Area, Raleigh, NC, for youth mentoring, character education and 

leadership activities; for Department of Education, $325,000, for 

Communities in Schools of Northeast Texas, Inc., Pflugerville, TX, 

for educational services for at-risk students; for the Institute of Museum and Library Services, $300,000, for The Hudson River Museum, Yonkers, NY, for the ‘‘Hudson River Access’’ science education 

project; for the Institute of Museum and Library Services, $375,000, 

for the Tubman African American Museum, Macon, GA for exhibits, 

education programs and outreach activities; for the Institute of Museum and Library Services, $300,000, for the Maine Discovery Museum, Bangor, ME, for exhibits and education programs; for the Institute of Museum and Library Services, $225,000, for the North 

Carolina State Museum of Natural Sciences, Raleigh, NC, to develop exhibits and education programs; for the Department of Housing and Urban Development, ‘‘Community Development Fund’’, Economic Development Initiative program, for carrying out targeted 

economic investments, $3,010,000, to be allocated in the amounts 

and under the terms and conditions specified on pages 33 through 

60 of House Report 108–235 for projects numbered 35, 52, 60, 61, 

174, 175, 177, 181, 195, 223, 250, 265, 297, 333, 408, 409, 410, 421, 

438, 439, 441, 496, 509, 574, and 583; and for the Environmental 

Protection Agency, ‘‘State and Tribal Assistance Grants’’ to local 

communities for repair, replacement or upgrading of their drinking 

water, wastewater or storm water infrastructure or for water quality 

protection activities, $600,000, to be allocated under the terms and 

conditions specified on pages 111 through 127 of House Report 108–

235 for projects numbered 121 and 226. 

SEC. 168 (a) RESCISSIONS.—From unobligated balances of 

amounts made available in Public Law 107–38, and in Public Law 

107–117, and in appropriations Acts for the Department of Defense, 

$1,800,000,000 is hereby rescinded: Provided, That the Director of 

the Office of Management and Budget, after consultation with the 

Committees on Appropriations of the House and Senate and the Secretary of Defense, shall determine the amounts to be rescinded from 

each account that is to be so reduced: Provided further, That the rescissions shall take effect no later than September 30, 2004: Provided further, That the Director of the Office of Management and 

Budget shall notify the Committees on Appropriations of the House 

and Senate 30 days prior to rescinding such amounts: Provided further, That such notification shall include the accounts, programs, 

projects and activities from which the funds will be rescinded: Provided further, That this section shall not apply to any amounts appropriated or otherwise made available by the seventh proviso under 

the heading ‘‘Emergency Response Fund’’ in Public Law 107–38. 

(b) ACROSS-THE-BOARD RESCISSIONS.—There is hereby rescinded an amount equal to 0.59 percent of—

(1) the budget authority provided (or obligation limitation 

imposed) for fiscal year 2004 for any discretionary account in 

divisions A through H of this Act and in any other fiscal year 

2004 appropriation Act (except any fiscal year 2004 supplemental appropriation Act, the Department of Defense ApproVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00461 Fmt 6659 Sfmt 6603 E:\HR\OC\HR401.XXX HR401
458

priations Act, 2004, or the Military Construction Appropriations 

Act, 2004); 

(2) the budget authority provided in any advance appropriation for fiscal year 2004 for any discretionary account in 

any prior fiscal year appropriation Act; and 

(3) the contract authority provided in fiscal year 2004 for 

any program subject to limitation contained in any division or 

appropriation Act subject to paragraph (1). 

(c) PROPORTIONATE APPLICATION.—Any rescission made by subsection (b) shall be applied proportionately—

(1) to each discretionary account and each item of budget 

authority described in such subsection; and 

(2) within each such account and item, to each program, 

project, and activity (with programs, projects, and activities as 

delineated in the appropriation Act or accompanying reports for 

the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President’s budget). 

(d) OMB REPORT.—Within 30 days after the date of the enactment of this section the Director of the Office of Management and 

Budget shall submit to the Committees on Appropriations of the 

House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection 

(b). 

This division may be cited as the ‘‘Miscellaneous Appropriations 

and Offsets Act, 2004’’.

And the Senate agree to the same.

BILL YOUNG, 

RALPH REGULA, 

JERRY LEWIS, 

FRANK R. WOLF

(except for section 617 of Division B), 

JAMES T. WALSH, 

DAVE HOBSON, 

HENRY BONILLA, 

JACK KINGSTON, 

RODNEY P. FRELINGHUYSEN, 

GEORGE R. NETHERCUTT, Jr., 

TOM LATHAM, 

VIRGIL GOODE, 

RAY LAHOOD, 

JOHN P. MURTHA, 

Managers on the Part of the House.

TED STEVENS, 

THAD COCHRAN, 

ARLEN SPECTER, 

PETE V. DOMENICI, 

CHRISTOPHER BOND, 

MITCH MCCONNELL, 

CONRAD BURNS, 

RICHARD C. SHELBY, 

JUDD GREGG, 

ROBERT F. BENNETT, 

459

BEN NIGHTHORSE CAMPBELL, LARRY CRAIG, KAY BAILEY HUTCHISON, MIKE DEWINE, SAM BROWNBACK, DANIEL K. INOUYE, TOM HARKIN, Managers on the Part of the Senate.

(461)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF 

CONFERENCE 

The managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2673) making appropriations 

for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2004, and for other purposes, submit the following joint 

statement to the House and Senate in explanation of the effect of 

the action agreed upon by the managers and recommended in the 

accompanying conference report. 

This conference agreement includes the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies 

Appropriations Act, 2004; the Departments of Commerce, Justice, 

and State, the Judiciary, and Related Agencies Appropriations Act, 

2004; the District of Columbia Appropriations Act, 2004; the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004; the Departments of Labor, Health and Human 

Services, and Education, and Related Agencies Appropriations Act, 

2004; the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004; the Departments of Veterans Affairs and 

Housing and Urban Development, and Independent Agencies Appropriations Act, 2004; and the Miscellaneous Appropriations and 

Offsets Act, 2004. 

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD 

AND DRUG ADMINISTRATION, AND RELATED AGENCIES 

APPROPRIATIONS ACT, 2004

CONGRESSIONAL DIRECTIVES

The statement of the managers remains silent on provisions 

that were in both the House and Senate bills that remain unchanged by this conference agreement, except as noted in this 

statement of the managers. 

The conferees agree that executive branch wishes cannot substitute for Congress’s own statements as to the best evidence of 

congressional intentions—that is, the official reports of the Congress. The conferees further point out that funds in this Act must 

be used for the purposes for which appropriated, as required by 

section 1301 of title 31 of the United States Code, which provides: 

‘‘Appropriations shall be applied only to the objects for which the 

appropriations were made except as otherwise provided by law.’’ 

The House and Senate report language that is not changed by 

the conference is approved by the committee of conference. The 

statement of the managers, while repeating some report language 

for emphasis, does not intend to negate the language referred to 

above unless expressly provided herein. 

462

In cases in which the House or the Senate have directed the 

submission of a report, such report is to be submitted to both the 

House and Senate Committees on Appropriations. 

In instances where the conference report refers to ‘‘the Committees,’’ it is the intent of the Managers to mean the Committees 

on Appropriations of both House and Senate. 

TITLE I—AGRICULTURAL PROGRAMS 

PRODUCTION, PROCESSING, AND MARKETING

OFFICE OF THE SECRETARY

The conference agreement provides $5,092,000 for the Office of the Secretary instead of $3,468,000 as proposed by the House and 

$10,046,000 as proposed by the Senate. 

The conferees note that the Congress included an authorization 

in the Farm Security and Rural Investment Act of 2002 (Section 

10802) for a food biotechnology education program. This program 

is intended to provide the public with science-based evidence on the 

safety of foods produced with biotechnology for human consumption. The conferees direct the Secretary to provide the Committees 

with a defined plan within 30 days of enactment of this bill, detailing how the USDA intends to implement this food biotechnology 

education program and fulfill this statutory requirement. 

The conferees agree that emergency preparedness related to 

field crops, farm animals and food processing and distribution is of 

critical importance, and that the agriculture and food sectors are 

part of the critical infrastructure requiring heightened attention 

and protection. Given the integral roles of state and local governments and the private sector in detecting, deterring and responding 

to acts of agro-terrorism, the conferees expect the Department of 

Agriculture and the Department of Homeland Security to coordinate efforts in assisting states, particularly by providing financial 

and technical support to initiatives oriented toward interstate cooperation in joint preparedness initiatives. The conferees are particularly interested in those states that have developed or are currently developing coordinated interstate initiatives. 

The conferees note that as of September 30, 2003, $80,000,000 

remains available to the Department from funds provided through 

the Emergency Response Fund (ERF), of which nearly $9,000,000 

is available to the Secretary. Since these funds were provided, 

USDA has been one of the slowest Federal agencies to obligate its 

ERF funds. The conferees are aware of concerns about security, 

such as those raised by GAO and the USDA Inspector General in 

recent reports and in news reports regarding ‘‘table top’’ homeland 

security exercises. The conferees urge the Secretary to act promptly 

to address identified security needs and to advise the Committees 

on Appropriations of needs for which additional funds may be necessary. The conferees further direct the Secretary to advise the 

Committees promptly of the results of any future homeland security exercises. 

The conferees are concerned about the possibility of bovine 

spongiform encephalopathy entering the United States through the 

importation of live cattle. The beef industry is the single largest inVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00466 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
463

dustry in American agriculture, and an outbreak of BSE would be 

devastating to the industry, and to the public’s perception of the 

safety of American food. Accordingly, the United States has never 

allowed the importation of live cattle from a country that has been 

found to have BSE. The conferees believe that the Secretary should 

not allow the importation of live cattle from any country known to 

have BSE unless that country complies with the animal health 

guidelines established by the World Organization for Animal 

Health. The conferees also expect the Secretary to continue to 

abide by international standards for the continued health and safety of the United States livestock industry. 

The conferees are aware of current efforts to begin a study of 

the use of conservation cropping techniques in southeastern North 

Dakota, northeastern South Dakota and western Minnesota. The 

goal of this study would be to identify conservation rotations, cover 

crops, seeding techniques, and residue management practices that 

would make conservation tillage acceptable and profitable in these 

climate transition areas. The conferees encourage the Secretary to 

support efforts to begin this study, as appropriate. 

The conferees are aware that USDA was authorized to develop 

a Delmarva Conservation Corridor Demonstration Program in the 

2002 farm bill, but has not yet done so. This program allows USDA 

to target the benefits of watershed-based conservation programs to 

farmlands that local stakeholders have determined to be the most 

ecologically and economically important, with the goal of maximizing the ecological and working lands potential of the landscape. 

The conferees encourage the Secretary to support this program, 

and remind USDA that the intent of the 2002 farm bill provision 

was to allow the Secretary and the states flexibility in using the 

resources of existing agricultural conservation and forestry programs. 

The conferees encourage NRCS, through the Conservation 

Technical Assistance Program, to work with the Thunder Basin 

Prairie Ecosystem Association and the U.S. Department of the Interior to continue work to develop a comprehensive and multispecies land management proposal for more than 260,000 acres of Federal and private lands within the Thunder Basin National Grasslands. 

The conferees strongly encourage the Secretary to work to ensure that no chicken purchased for the School Lunch Program contains fluoroquinolones, including the initiation of a policy to not 

purchase chickens for these programs from companies that do not 

have a stated policy that they do not use fluoroquinolones in their 

chickens. 

The conferees are aware that the Farm Service Agency has 

been given new responsibilities in carrying out portions of the 

Trade Adjustment Assistance program as authorized in the Trade 

Act of 2002. The conferees direct the Secretary, within 60 days of 

enactment of this Act, to provide the Committees on Appropriations 

an assessment of the staffing needs for each state office to carry 

out these new responsibilities. 

The conferees are aware that the mission of USDA is to support agriculture and rural development in the U.S. and around the 

world, and this mission is supported by American tax dollars. 

464

Therefore, the conferees strongly encourage the Secretary to make 

every effort to ensure that purchases made by USDA are manufactured or produced in the United States. The conferees have provided a total of $3,300,000 for cross-cutting trade negotiations and biotechnology resources. Of this 

amount, the conferees provide $1,000,000 in the APHIS account, 

$500,000 in the FAS account, and $150,000 in the GIPSA account 

for these activities. Further, the conferees provide $1,650,000 to the 

Office of the Secretary for these activities, and direct that these 

funds shall become available for obligation only after the Secretary 

has provided to the Committees a detailed explanation of proposed 

expenditures. 

The conferees commend the Department on the success 

achieved with the Lamb Meat Adjustment Program. However, the 

conferees also recognize the ewe lamb expansion portion was curtailed as a result of the serious drought conditions throughout the 

United States. The conferees encourage the Department to continue this portion of the program for an additional year. 

The conferees expect the Secretary to seek the approval of the 

Committees on Appropriations before implementing a merger or reduction of any administrative or information technology functions 

relating to the Farm Service Agency, Natural Resources Conservation Service, Rural Development, or any other agency of the Department. 

The conferees are concerned that transfers of funds from 

APHIS and ARS to the Department of Homeland Security (DHS) 

may result in a shift in focus away from agriculture, and fully expect the Secretary of Agriculture to seek assurances from the Secretary of Homeland Security that these diagnostic and research activities at Plum Island will firmly remain tied to agricultural interests. The conferees direct the Secretary to report to the Committees 

on Appropriations by February 1, 2004, on the funding amounts 

and the agricultural diagnostic and research activities at Plum Island that have been agreed upon by USDA and DHS for fiscal year 

2004. 

The conferees concur with the language and reporting requirement contained in the Senate report regarding geographically disadvantaged farmers and ranchers. In preparing the report, the Department shall work with the Farm Service Agency and all other 

relevant departmental agencies. 

The conferees are aware that applications for the Senior Farmers’ Market Nutrition Program are increasing and exceed the annual $15,000,000 provided in the farm bill. The conferees urge the 

Secretary to take maximum advantage of additional resources 

available to supplement existing funding, in order to meet demand 

for the program. 

In order to provide a safeguard against the further decline of 

the rice industry and wildlife habitat in Texas, and to provide information to the Congress in anticipation of and preparation for the 

2007 farm bill, the conferees direct the Secretary of Agriculture to 

review the administration of section 1105(a)(1)(E) of Public Law 

107–171 as it relates to the proper application and implementation 

of the conserving use requirements on rice base acreage in Texas. 

The Secretary shall review and evaluate the costs, benefits and efVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00468 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
465

fects of the conserving use requirements and actual plantings and 

production on rice producers, including tenant rice producers, the 

rice milling and processing industry, wildlife habitat, and the 

economies of rice farming areas in Texas, detailed by each of these 

affected interests and by the program variables involved. 

The Secretary shall post on the USDA website and also provide 

to the Committee on Agriculture, Nutrition, and Forestry of the 

Senate and the Committee on Agriculture of the House of Representatives an annual report detailing the progress and findings 

by February 1, 2004 and not later than October 1 of 2005 through 

2007. 

The conferees are aware that Section 10502 of the Farm Security and Rural Investment Act of 2002 (P.L. 107–171) requires the 

Secretary to investigate the problem of non-ambulatory livestock, 

report the findings to Congress, and promulgate regulations to regulate the humane treatment, handling and disposition of these livestock if deemed necessary by the results of the study. The conferees 

are concerned that although the farm bill was signed into law on 

May 7, 2002, USDA did not publish a Notice of Request for Approval of an Information Collection in the Federal Register to begin 

collecting information for this study until October 28, 2003. The 

conferees direct the Secretary to work expeditiously to complete 

this study at the earliest possible time, and to provide copies of all 

interim reports as well as the final report to the Committees on 

Appropriations and the authorizing committees. Further, the Secretary is directed to provide to the Committees on Appropriations 

a preliminary report no later than March 1, 2004. 

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

The conference agreement provides $8,707,000 for the Office of 

the Chief Economist as proposed by the Senate instead of 

$8,716,000 as proposed by the House. 

The conferees direct the Department to submit to the Committees on Appropriations the biofuels report requested by the House 

by February 1, 2004. 

NATIONAL APPEALS DIVISION

The conference agreement provides $13,670,000 for the National Appeals Division as proposed by the House instead of 

$13,997,000 as proposed by the Senate. 

OFFICE OF BUDGET AND PROGRAM ANALYSIS

The conference agreement provides $7,740,000 for the Office of 

Budget and Program Analysis instead of $7,749,000 as proposed by 

the House and $7,544,000 as proposed by the Senate. 

HOMELAND SECURITY STAFF

The conference agreement provides $499,000 for Homeland Security staff instead of $910,000 as proposed by the Senate. The 

House did not provide funding for this account.

466

OFFICE OF THE CHIEF INFORMATION OFFICER

The conference agreement provides $15,493,000 for the Office 

of the Chief Information Officer instead of $14,993,000 as proposed 

by the House and $15,710,000 as proposed by the Senate. 

COMMON COMPUTING ENVIRONMENT

The conference agreement provides $119,289,000 for Common 

Computing Environment instead of $100,999,000 as proposed by 

the House and $118,789,000 as proposed by the Senate. 

The conferees are aware that the acquisition of geospatial data 

and Geographic Information System technologies is critical to the 

Department of Agriculture’s plans to modernize its County Service 

Centers and install a common computing environment that optimizes information sharing, customer service, and staff efficiencies, 

and dramatically improves the Department’s ability to track and 

react to natural disasters, plant and animal disease outbreaks and 

bioterrorism events. Within the funds provided in this Act, the conferees encourage the Department to provide the appropriate level 

of support for the acquisition of geospatial data and Geographic Information System technologies. 

OFFICE OF THE CHIEF FINANCIAL OFFICER

The conference agreement provides $5,684,000 for the Office of 

the Chief Financial Officer instead of $5,785,000 as proposed by the 

House and $5,496,000 as proposed by the Senate. 

WORKING CAPITAL FUND

The conferees are concerned about issues raised by the Department’s recent report on remote mirroring technology and expect the 

fiscal year 2005 budget request to adequately address these needs 

identified in the report, including how the costs of the remote data 

capability should be assigned and paid for by non-USDA users of 

the NFC as requested in the fiscal year 2003 Act. 

The conferees deem the study submitted on remote mirror imaging sufficient to meet the requirement set forth in the fiscal year 

2003 Act for release of funds. The conferees direct that of the funds 

provided in the fiscal year 2003 Agriculture Appropriations Act, no 

less than $4,000,000 shall be spent for the immediate implementation of an interim solution to address data vulnerability for mission 

critical applications, including data storage hardware and software, 

data replication software, and synchronous replication of the identified mission critical data. The conferees direct that this interim solution be achieved within six months of enactment of this Act. 

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

The conference agreement provides $808,000 for the Office of 

the Assistant Secretary for Civil Rights as proposed by the House 

instead of $794,000 as proposed by the Senate. 

467

OFFICE OF CIVIL RIGHTS

The conference agreement provides $17,450,000 for the Office 

of Civil Rights instead of $15,445,000 as proposed by the Senate. 

The House provided no funding for this account. 

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

The conference agreement provides $673,000 for the Office of 

the Assistant Secretary for Administration as proposed by the Senate instead of $678,000 as proposed by the House. 

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

The conference agreement provides $156,469,000 for agriculture buildings and facilities and rental payments instead of 

$156,091,000 as proposed by the House and $187,022,000 as proposed by the Senate. 

HAZARDOUS MATERIALS MANAGEMENT

The conference agreement provides $15,611,000 for Hazardous 

Materials Management as proposed by the Senate instead of 

$15,713,000 as proposed by the House. 

DEPARTMENTAL ADMINISTRATION

The conference agreement provides $23,031,000 for Departmental Administration as proposed by the Senate instead of 

$40,597,000 as proposed by the House. 

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

The conference agreement provides $3,796,000 for the Office of 

the Assistant Secretary for Congressional Relations as proposed by 

the House instead of $3,825,000 as proposed by the Senate. 

OFFICE OF COMMUNICATIONS

The conference agreement provides $9,228,000 for the Office of 

Communications as proposed by the Senate instead of $9,245,000 

as proposed by the House. 

The Committees directed the Office to provide them with copies of open source news material made available to USDA officials 

through the use of appropriated funds. The Office has not done so. 

Accordingly, the conferees direct the Office to begin doing so no 

later than 15 days after the date of enactment of this Act.

OFFICE OF THE INSPECTOR GENERAL

The conference agreement provides $77,281,000 for the Office 

of the Inspector General instead of $78,114,000 as proposed by the 

House and $75,781,000 as proposed by the Senate. 

468

OFFICE OF THE GENERAL COUNSEL

The conference agreement provides $34,700,000 for the Office 

of the General Counsel as proposed by the House instead of 

$35,343,000 as proposed by the Senate. 

The conferees note that the fiscal year 2004 funding level for 

the Office of the General Counsel does not provide funds to increase the number of Senior Executive Service employees of the Office. If the Office of the General Counsel determines the need to increase the number of SES employees in the Office, the General 

Counsel is directed to submit a reorganization plan to the Committees on Appropriations for approval. 

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

The conference agreement provides $596,000 for the Office of 

the Under Secretary for Research, Education and Economics as 

proposed by the Senate instead of $597,000 as proposed by the 

House. 

The conferees are concerned that research budgets submitted 

by the Department reflect a continuing disregard for Congressional 

program priorities. For a number of years, there has been no adequate justification presented to the Committees to support proposed project terminations. As a result, such proposed terminations 

have been disapproved by Congress, only to be resubmitted in a 

budget proposal for a subsequent year. The conferees direct the 

Under Secretary to end the recycling of proposed terminations that 

have already been rejected by the Congress. Further, the conferees 

expect that any termination proposed in the fiscal year 2005 budget will include a detailed justification in the explanatory notes accompanying the budget request. 

ECONOMIC RESEARCH SERVICE

The conference agreement provides $71,402,000 for the Economic Research Service as proposed by the House instead of 

$69,902,000 as proposed by the Senate. 

The conferees encourage ERS to coordinate with the North 

Carolina Department of Agriculture and North Carolina State University to collect the economic data and do the statistical analysis 

necessary to study the impact that growth in the horticulture industry is having on that state’s economy. 

The conferees provide the requested increase of $1,000,000 for 

development of an expanded Security Analysis System for U.S. Agriculture (SAS–USA). This is a scenario-based decision system, 

which will aid in evaluating threats to the food system. Within the 

amount provided, the conferees encourage ERS to develop requirements for a system to use available agricultural data to circumvent 

an attack on the food supply chain. 

NATIONAL AGRICULTURAL STATISTICS SERVICE

The conference agreement provides $128,922,000 for the National Agricultural Statistics Service as proposed by the Senate instead of $129,800,000 as proposed by the House. 

469

The conferees provide $4,800,000 for Agricultural estimates. 

The conferees encourage NASS to consider conducting Monthly 

Hogs and Pigs Inventory reporting, and Barrow and Gilt Slaughter 

reporting. The conferees also expect that both the potato objective 

yield survey and the potato size and grade survey will be continued. 

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

The conference agreement provides $1,088,892,000 for the Agricultural Research Service, Salaries and Expenses, instead of 

$1,014,000,000 as proposed by the House and $1,045,533,000 as 

proposed by the Senate. 

The conference agreement includes bill language proposed by 

the Senate regarding a land conveyance. 

The conferees have agreed to increased funding for the following laboratories and areas of research: 

Budgeted increases, as follows: Babesiosis (Pullman, WA), $270,000; (Kerrville, TX), $630,000; Maize (Albany, CA), $180,000; 

Genetic Markers, Genomics, New Bioinformatics Tools (Ithaca, 

NY), $270,000; Computer Networking Capabilities (Beltsville, MD), 

$225,000; Soybean and Other Vegetable Oils (Peoria, IL), $360,000; 

Turf and Forage Grasses (Corvalis, OR), $135,000; Pink Bollworm 

(Phoenix, AZ), $225,000; Resistant Pest (Wapato, WA), $144,000; 

Asian Longhorned Beetle Including Emerald Ash Borer (Newark, 

DE), $270,000; Livestock Disease (Ames, IA), $270,000; Poultry 

Disease (Athens, GA), $270,000; Forensic Databases of Animal Diseases Including Nucleic Acid (Clay Center, NE), $270,000; 

Arbovirus Threats (Laramie, WY), $270,000; Merek’s Disease (East 

Lansing, MI), $270,000; Foot and Mouth Disease (Headquarters), 

$315,000; Newcastle Disease (Athens, GA), $270,000; Emerging 

Diseases Offshore (Headquarters), $225,000. 

Further increases, as follows: Advanced Animal Vaccines (U 

CT/U MO), $270,000; Agricultural Law, NAL (Drake University), 

$18,000; Agriculture Genome Bioinformatics, Ames, IA 

(Bioinformatics Institute for Model Plant Species), $540,000; Air 

Quality Research, Logan, UT (Utah State), $900,000; Air Quality 

(PM–10), Pullman, WA, $225,000; Animal Waste Treatment, Florence, SC, $270,000; Appalachian Fruit Research Station, 

Kearneysville, WV, $180,000; Appalachian Horticulture Research, 

Poplarville, MS (U TN/TN State), $450,000; Appalachian PastureBased Beef Systems, Beaver, WV, $90,000; Aquaculture Feeds/

Aquaculture Research, Aberdeen, ID (U of ID Hagerman Fish Culture Experiment Station), $270,000; Biomedical Materials in 

Plants, Beltsville, MD (Biotechnology Foundation), $248,000; Bovine Genetics, Beltsville, MD (U CT/U IL), $540,000; Broomweed 

Biological Controls, Albany, CA, $270,000; Canada Thistle, Fargo, 

ND, $270,000; Cereal Disease Research, St. Paul, MN, $45,000; 

Children’s Nutrition Center, Little Rock, AR, $225,000; Chronic 

Diseases of Children, Houston, TX (Baylor U/Peanut Institute), 

$383,000; Citrus Waste Utilization, Winter Haven, FL (FL Dept of 

Citrus), $360,000; Conservation Tillage, Pendleton, OR, $225,000; 

Corn Germplasm, Ames, IA, $225,000; Cotton Pathology Research, 

470

Shafter, CA, $270,000; Cotton Quality, Clemson, SC, $270,000; 

Cropping Systems Research (U TN/West TN Ag Experiment Station), $630,000; Crop Production and Food Processing, Peoria, IL 

(Purdue U/U IL), $387,000; Dairy Forage (Madison, WI) 

$1,260,000; Delta Nutrition Intervention Initiative, Little Rock, AR 

(Southern U Center for Food Nutrition and Health Promotion), 

$270,000; Diet, Nutrition, and Obesity Research (Pennington Biomedical Research Center), $675,000; Ecology of Tamarix (Reno, 

NV), $900,000; Emissions from Livestock Wastewater (Florence, 

SC), $90,000; Endophyte Research, Booneville, AR (Univ. of AR/

MO/OSU), $135,000; Feed Efficiency in Cattle (Clay Center, NE), 

$225,000; Fish Disease Research (Auburn, AL), $90,000; Flood Control Acoustic Technology, National Sedimentation Lab (Oxford, 

MS), $225,000; Food Fermentation Research (Raleigh, NC), 

$270,000; Food Safety and Engineering, Wyndmoor, PA (Purdue 

Univ), $90,000; Forage and Range Research (Logan, UT), $270,000; 

Formosan Subterranean Termite (New Orleans, LA), $315,000; Ft. 

Pierce Horticultural Research Laboratory (Ft. Pierce, FL), 

$450,000; Foundry Sand By-products Utilization (Ohio State/Purdue Univ), $162,000; Geisinger Rural Aging Study (PA), $135,000; 

Grand Forks Human Nutrition Lab, Grand Forks, ND (U of ND 

School of Medicine and Health Sciences), $270,000; Grape Genetics 

(Geneva, NY), $270,000; Grassland Soil and Water Research (Temple, TX), $225,000; Great Lakes Aquaculture Research (U of WI, 

$300,000), $540,000; Human Nutrition Research Center on Aging 

(Boston, MA), $225,000; Invasive Aphid Research (Stillwater, OK), 

$225,000; Invasive Aquatic Weeds (Ft. Lauderdale, FL), $135,000; 

Karnal Bunt, Manhattan, KS (Kansas State Univ), $90,000; MidWest/Mid-South Irrigation, Columbia, MO (U of MO Delta Ctr., 

Portageville, MO), $45,000; Minor Use Pesticides (IR–4) (NJ, DE, 

Mid-Atlantic Region), $270,000; Monkeypox Research (Ames, IA), 

$900,000; National Cold Water Marine Aquaculture (Orono, ME), 

$270,000; Natural Products, Oxford, MS (National Center for Natural Products), $450,000; Northern Grains Insect Laboratory 

(Brookings, SD), $450,000; Northern Plains Agricultural Research 

Lab (Sidney, MT), $810,000; Northwest Hops/Hops Research (Corvallis, OR), $225,000; Nutritional Requirements Research/Children’s Nutrition Research Center (Houston, TX), $450,000; Ogallala 

Aquifer (Bushland, TX), $855,000; Olive Fruitfly Research 

(Montpellier, France), $90,000; Ornamental and Horticulture Research (Pear Thrips) (Ithaca, NY) (Univ VT), $135,000; Paper 

Sludge Utilization (Coshocton, OH), $225,000; Peanut Research 

(Dawson, GA), $135,000; Phytoestrogen Research, SRRC (Tulane/

Xavier/U of Toledo), $360,000; Pierce’s Disease/Glassy-winged 

Sharpshooter (Davis, CA/Parlier, CA/Ft. Pierce, FL), $450,000; 

Plant Genetic Diversity and Gene Discovery Center, Logan, UT 

(Utah Ag Experiment Station), $675,000; Poisonous Plant Research 

Laboratory (Logan, UT), $1,080,000; Potato Research (Aberdeen, 

ID/Prosser, WA), $270,000; Potato Storage (Madison, WI), 

$270,000; Rainbow Trout, Aberdeen, ID (U of ID Hagerman Fish 

Culture Experiment Station), $653,000; Regional Molecular 

Genotyping (Raleigh, NC/Fargo, ND/Manhattan, KS/Pullman, WA), 

$720,000; Seafood Waste, Fairbanks, AK (U of AK), $180,000; 

Shellfish Ecology, Newport, OR (Hatfield Marine Science Center), 

471

$270,000; Small Fruits Research (Corvallis, OR), $225,000; Soil 

Drainage Research (Columbus, OH), $144,000; Soil Dynamics Research (Auburn, AL) $270,000; Sorghum Cold Tolerance (Lubbock, 

TX), $270,000; Sorghum Utilization (Manhattan, KS), $360,000; 

Source Water Protection Initiatives (Columbus, OH/W. Lafayette, 

IN), $360,000; South Central Agricultural Research Laboratory 

(Lane, OK), $270,000; Southeastern Fruit and Tree Nut Research 

(Byron, GA), $270,000; Sudden Oak Disease/Sudden Oak Disease 

Syndrome (Ft. Detrick, MD/Davis, CA), $450,000; Sugarbeet Research (Kimberly, ID), $36,000; Sugarcane Research (Houma, LA/

New Orleans, LA), $270,000; Sugarcane Variety Research (Canal 

Point, FL), $360,000; Sustainable Grazing Livestock Systems/Forage-Livestock Systems, Lexington, KY (U of KY), $540,000; Sustainable Olive Production (Weslaco, TX), $270,000; Sustainable Viticulture Research (Davis, CA), $270,000; Tree Fruit Quality Research (Wenatchee, WA), $270,000; Trout Genome Mapping, 

Leetown, (WV Univ), $450,000; United States National Arboretum 

(Washington, D.C.), $810,000; U.S. Pacific Basin Ag Research Center, Hilo, HI (Univ HI Manoa/Univ HI Hilo), $360,000; U.S. Vegetable Lab, Staffing (Charleston, SC), $270,000; Vector-borne Diseases (Gainesville, FL), $225,000; Verticillium Wilt (Salinas, CA), 

$360,000; Waste Management Research, Bowling Green, KY (Western KY Univ), $450,000; Water Use Reduction/Producer Enhancement Research (Dawson, GA), $225,000; Weed Management Research (Beltsville, MD), $270,000; Western Grazinglands (Burns, 

OR/Reno, NV), $270,000; West Nile Virus, Gainesville, FL (CT Ag 

Exp Station), $225,000; Wheat Quality Research (Wooster, OH/

Manhattan, KS/Pullman, WA), $675,000; and Wine Grape Foundation Block (Prosser, WA), $135,000.

The conference agreement continues the fiscal year 2003 level 

of funding for all research projects proposed to be terminated in the 

President’s budget. 

The conference agreement concurs with the Agricultural Research Service’s proposal to reprogram existing resources into priority initiatives of emerging diseases, global climate change, biosecurity, and genomic sequencing. 

The conference agreement provides $13,772,000 for increased 

costs associated with Federal employees salaries and benefits. 

The conference agreement provides an additional $383,000 for 

the Children’s Nutrition Research Center at Houston, TX, for a cooperative research project with Baylor College of Medicine and the 

Peanut Institute to examine ways to prevent the onset of chronic 

diseases and the growing problem of overweight children. 

The conference agreement provides an additional $450,000 for 

increased investigation of the nutritional needs of pregnant and 

nursing women, and children. 

The conference agreement provides an additional $225,000 for 

ongoing cooperative research between the Flint River Water Planning & Policy Center and the National Peanut Research Laboratory at Dawson, Georgia. 

The conferees provide increased funding for the development of 

a wine grape foundation block of certified ‘‘clean’’ rootstock at 

Prosser, WA and direct ARS to ensure that this funding is not obligated toward other research. 

472

BUILDINGS AND FACILITIES

The conference agreement provides $63,810,000 for the Agricultural Research Service, Buildings and Facilities, instead of 

$35,900,000 as proposed by the House and $46,000,000 as proposed 

by the Senate. 

The following items reflect the conference agreement: Grape 

Genomics Research Center (Davis, California), $2,700,000; U.S. Agricultural Research Station (Salinas, California), $4,500,000; U.S. 

Pacific Basin Agricultural Research Center (Hilo, Hawaii), 

$4,860,000; National Center for Agricultural Utilization Research 

(Peoria, Illinois), $2,700,000; ARS Sugarcane Research Laboratory 

(Houma, Louisiana), $1,350,000; Northeast Marine Cold Water 

Aquaculture Research Center (Orono/Franklin, Maine), $2,700,000; 

Abraham Lincoln National Agricultural Library (Beltsville, Maryland), $900,000; Beltsville Agricultural Research Center (Beltsville, 

Maryland), $2,700,000; Jamie Whitten Delta States Research Center (Stoneville, Mississippi), $4,860,000; National Plant and Genetics Security Center (Columbia, Missouri), $2,430,000; Northern 

Plains Agricultural Research Laboratory (Sidney, Montana), 

$2,520,000; Center for Crop-based Health Genomics (Ithaca, New 

York), $3,870,000; Center for Grape Genetics (Geneva, New York), 

$2,430,000; Grazinglands Research Laboratory (Ft. Reno, Oklahoma), $2,160,000; U.S. Vegetable Laboratory (Charleston, South 

Carolina), $3,150,000; ARS Research Laboratory (Pullman, Washington), $3,960,000; Appalachian Fruit Laboratory (Kearneysville, 

West Virginia), $1,800,000; Nutrient Management Laboratory 

(Marshfield, Wisconsin), $3,690,000; and Upgrade Security at ARS 

Laboratories (Various Locations), $10,530,000. 

The conferees note that there is widespread interest in additional construction and renovation of ARS facilities throughout the 

country. This is not surprising when considering the fact that many 

of the existing facilities are decades old. However, the conferees are 

concerned that there does not seem to be a master plan for addressing these needs. Rather, construction projects in several parts 

of the country have been described by various ARS officials as the 

agency’s top priority. 

The conferees believe that there should be a logical progression 

for determining what projects should be funded. Therefore, beginning with the fiscal year 2005 appropriations process, the Committees will not consider funding requests for projects for which a prospectus has not been completed and submitted to the Committees 

by March 1 of each year. Each prospectus shall, at a minimum, include the following information: the feasibility, requirements, and 

scope of the proposed project; details on building size, cost, associated facilities, scientific capacity, and other requirements; and details on existing and planned program and resource requirements. 

Further, the conferees are requesting the assistance of ARS in determining the merits and priority for these projects. 

In order to begin this orderly review process, the conferees direct ARS to provide a prospectus for each of the following projects: 

Aberdeen/Billingsley Creek, Idaho; Animal Waste Management Research in Bowling Green, Kentucky; Forage-Animal Research Laboratory in Lexington, Kentucky; Laboratory and Office Facilities in 

473

Starkville, Mississippi; Animal Biosciences Facility at Montana 

State University; Red River Valley Agricultural Research Center in 

Fargo, North Dakota; Laboratory, Greenhouse, and Office Space at 

the University of Toledo; Dairy Forage Lab at Prairie du Sac and 

Madison, Wisconsin. 

The conference agreement provides sufficient funding to complete all planning and design provided by the House and Senate, 

and construction phases as described in the Senate report. 

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

The conference agreement provides $621,447,000 for research and education activities instead of $597,372,000 as proposed by the 

House and $617,575,000 as proposed by the Senate. 

The following table reflects the conference agreement:

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479

The conference agreement provides $380,000 for Seafood Safety, of which fifty percent shall be provided through a cooperative 

agreement with the Center for Marine Phytoremediation Technologies at Northeastern University. 

The conferees provide funding for alternative salmon products, 

of which 25 percent shall be for a cooperative agreement for salmon 

baby food development. 

The conferees provide funding for the alliance for food protection, of which 90 percent shall be for a cooperative agreement with 

the University of Georgia for integrated fruit and vegetable research. 

Within the amount provided for Agricultural Diversity, the conferees direct that $100,000 be used to fund activities of the Red 

River Valley Research Corridor Office. 

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

The conference agreement provides $9,000,000 for the Native 

American Institutions Endowment Fund as proposed by both the 

House and Senate. 

EXTENSION ACTIVITIES

The conference agreement provides $441,731,000 for extension 

activities instead of $439,742,000 as proposed by the House and 

$450,084,000 as proposed by the Senate. 

The following table reflects the conference agreement:

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Insert graphic folio 213/1238 HR401.006
481


Insert graphic folio 213/1239 HR401.007
482

Within funds provided for the farm safety program, the con- ference agreement includes $4,140,000 for the AgrAbility project. 

INTEGRATED ACTIVITIES

The conference agreement provides $50,493,000 for integrated 

activities instead of $62,942,000 as proposed by the House and 

$46,711,000 as proposed by the Senate. 

The following table reflects the conference agreement:

483


Insert graphic folio 213/1241 HR401.008
484

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

The conference agreement provides $5,970,000 for Outreach for Socially Disadvantaged Farmers, instead of $8,470,000 as proposed by 

the House and $3,470,000 as proposed by the Senate. 

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND REGULATORY PROGRAMS

The conference agreement provides $725,000 for the Office of the 

Under Secretary for Marketing and Regulatory Programs as proposed 

by the House instead of $736,000 as proposed by the Senate. 

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

The conference agreement provides $720,580,000 for the Animal and 

Plant Health Inspection Service (APHIS) instead of $725,502,000 as 

proposed by the House and $705,552,000 as proposed by the Senate. 

The following table reflects the conference agreement:

Animal and Plant Health Inspection Service 

[In Thousands of Dollars] 

Pest and Disease Exclusion: 

Agricultural quarantine inspection ............................................... $25,601 

Cattle ticks ...................................................................................... 6,534 

Foreign animal diseases/FMD ....................................................... 8,737 

Fruit fly exclusion and detection ................................................... 57,059 

Import-export inspection ................................................................ 11,140 

Screwworm ...................................................................................... 30,480 

Trade issues resolution management ........................................... 12,546 

Tropical bont tick ............................................................................ 423 

Total, Pest and Disease Exclusion ............................................. 152,520 

Plant and Animal Health Monitoring: 

Animal health monitoring and surveillance ................................. 95,913 

Animal and plant health regulatory enforcement ....................... 9,211 

Emergency management systems ................................................. 9,625 

Pest detection .................................................................................. 24,527 

Total, Plant and Animal Health Monitoring ............................ 139,276 

Pest and Disease Management: 

Aquaculture ..................................................................................... 1,250 

Biological control ............................................................................ 9,270 

Boll weevil ....................................................................................... 51,000 

Brucellosis ....................................................................................... 10,303 

Chronic wasting disease ................................................................. 18,632 

Emerging plant pests ..................................................................... 93,650 

Golden nematode ............................................................................ 792 

Grasshopper and Mormon cricket ................................................. 5,491 

Gypsy moth ..................................................................................... 4,725 

Imported fire ant ............................................................................ 2,429 

Johne’s disease ................................................................................ 18,800 

Low pathogen avian influenza ....................................................... 1,000 

Noxious weeds ................................................................................. 1,999 

Pink bollworm ................................................................................. 2,031 

Plum pox ......................................................................................... 3,471 

Pseudorabies ................................................................................... 4,316 

Scrapie ............................................................................................. 15,700 

Tuberculosis .................................................................................... 14,925 

Wildlife services operations ........................................................... 71,736 

Witchweed ....................................................................................... 1,526 

Total, Pest and Disease Management ....................................... 333,046 

Animal Care: 

Animal welfare ................................................................................ 16,400 

485

Animal and Plant Health Inspection Service—Continued

Horse protection ............................................................................. 490 

Total, Animal Care ..................................................................... 16,890 

Scientific and Technical Services: 

Biosecurity ...................................................................................... 2,000 

Information technology infrastructure .......................................... 4,214 

Biotechnology regulatory services ................................................. 5,434 

Environmental compliance ............................................................ 2,598 

Plant methods development labs ................................................... 8,208 

Veterinary biologics ........................................................................ 15,235 

Veterinary diagnostics ................................................................... 19,947 

Wildlife services methods development ........................................ 17,100 

Total, Scientific and Technical Services .................................... 74,736 

Contingency fund ................................................................................... 4,112 

Total, Salaries and Expenses ..................................................... 720,580

The conference agreement provides an increase of $800,000 for 

the Foreign Animal Diseases/FMD program of which $750,000 is 

for classical swine fever eradication efforts. 

The conference agreement provides an increase of $1,795,000 

for Import/Export activities of which $1,500,000 is for the animal 

tracking system, and to identify the pathway of exotic animal diseases. 

The conference agreement provides an increase of $1,000,000 

for crosscutting trade negotiations and biotechnology resources in 

the Trade Issues Resolution Management program. 

The conference agreement provides $1,000,000 to continue a 

cooperative agreement with the Wisconsin Livestock Identification 

Consortium. 

The conference agreement provides $300,000 to assist in creating a database of North Carolina’s agricultural industry to enable 

a rapid response to acts of terrorism. 

The conference agreement provides an increase of $200,000 for 

the New Mexico Rapid Syndrome Validation Program. 

The conference agreement provides an increase of $75,000 to 

continue the cooperative agreement with Murray State University. 

The conference agreement provides $750,000 toward an alkaline digester in the State of Kansas to destroy and dispose of transmissible spongiform encephalopathy infection and other diseases. 

The conference agreement provides $200,000 to address biosafety issues relating to antibiotic resistant strains of bacterial 

pathogens in the State of Vermont. 

The conference agreement provides $200,000 for Iowa State 

University devoted to risk assessment, mitigation, and communication for genetically modified agricultural products. 

The conference agreement provides an increase of $640,000 for 

the Emergency Management Systems program of which $280,000 

is to increase the number of doses in the North American Foot and 

Mouth Disease Vaccine Bank, and $270,000 is to increase cooperative agreements with states. 

The conference agreement provides an increase of $2,266,000 

for Pest Detection programs of which $200,000 is to evaluate the 

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tion Ranging) for the identification of ash trees, the early identification of emerald ash borer infestation, and the tracking and 

mapping of the diseased trees; $750,000 is for a cooperative agreement with the California County Pest Detection Augmentation Program; and $1,000,000 is to increase the domestic infrastructure for 

enhanced detection. 

The conference agreement provides $18,632,000 for chronic 

wasting disease instead of $16,815,000 as proposed by the House 

and $20,000,000 as proposed by the Senate. The conference agreement provides that $1,750,000 is for the State of Wisconsin; 

$250,000 is for the State of Utah; and $250,000 is for the Conservation Medicine Center of Chicago. 

The conferees expect the Secretary to continue to use the authority provided in this Act to transfer funds for the arrest and 

eradication of animal and plant pests and diseases that threaten 

American agriculture. The conference agreement adopts Senate bill 

language that prohibits funds from being spent to issue a final rule 

in Docket No. 02–06201 ‘‘Cost-Sharing for Animal and Plant 

Health Emergency Programs,’’ and expects APHIS, in submitting 

apportionment requests for emergencies that threaten American 

agriculture, to disregard any arbitrarily imposed cost-share requirements for these funds. 

The conference agreement provides an increase of $18,250,000 

for Emerging Plant Pests of which $8,000,000 is for citrus canker 

eradication and control; $4,000,000 is for Asian long-horned beetle 

activities, of which $1,500,000 is for activities in the Chicago, Illinois area; $4,750,000 is for glassy-winged sharpshooter eradication 

and control; and $1,500,000 is for the Emerald Ash Borer Task 

Force for the removal of trees that have been affected by the emerald ash borer, with a priority for the removal of trees on public 

property or that threaten public safety. 

The conferees are concerned that the continued presence of the 

emerald ash borer threatens the ash tree population in Michigan 

and other states, and direct the Secretary to provide to the Committees on Appropriations by March 1, 2004, a plan for addressing 

this problem. 

The conferees are aware that the Asian long-horned beetle is 

extremely destructive and may spread to states where they do not 

yet exist. The conferees are also aware that this pest was recently 

found in Ontario, Canada, and are concerned this presents an additional threat to the introduction of the Asian long-horned beetle 

into Michigan and other states by way of commercial vehicles or 

other means. The conferees direct APHIS to do a comprehensive review of their procedures and regulations, and report to the Committees on Appropriations by January 1, 2004, on whether they are 

adequate to prevent the introduction of this or similar pests into 

the United States.

The conference agreement provides $5,491,000 for grasshopper 

and Mormon cricket suppression, of which no less than $1,000,000 

shall be for suppression activities in Utah, and $150,000 for suppression activities in Nevada. 

The conference agreement provides an increase of $100,000 for 

the Nez-Perce Biocontrol Center. 

487

The conferees do not concur with the President’s request to reduce funding in the wildlife services operations account to allow cooperators to assume a larger share of the costs associated with preventing wildlife damage, and protecting human health and safety. 

The conference agreement provides an increase of $1,100,000 

for a cooperative oral rabies vaccination program, and encourages 

the Secretary to use funds from the CCC, as necessary, for additional control activities in fiscal year 2004. 

The conference agreement provides increases of $400,000 for 

hazing programs to manage the growth of cormorants in central 

New York watersheds; $75,000 to assist with the Nevada Division 

of Wildlife; $100,000 for beaver control in Kentucky; $200,000 for 

non-lethal geese control in New York; $175,000 for blackbird control in Kansas; and $125,000 for cormorant control in Michigan. 

The conferees are aware of the Monkeypox outbreak in Wisconsin and other midwestern states. APHIS is working with the 

Centers for Disease Control to develop a comprehensive Federal response to the outbreak. The conferees urge APHIS to take all necessary steps to deal with the problem and direct it to provide the 

Committees with regular reports on the status of the situation. 

The conference agreement provides $2,000,000 for the biosecurity program. The conferees have included language under the Office of the Secretary to ensure that veterinary diagnostic work at 

Plum Island, New York remains focused on agriculture. The conferees note that should APHIS encounter a shortfall in that veterinary diagnostic work, the funds in this line item may be used for 

that work, subject to reprogramming requirements in this Act. 

The conference agreement provides an increase of $2,738,000 

for Veterinary Diagnostics of which $1,000,000 is to enhance the 

laboratory network; $500,000 is to conduct anthrax diagnostics and 

related activities, and $750,000 is to update equipment needed to 

test certain animal samples in Colorado. 

The conference agreement provides an increase of $2,225,000 

for Wildlife Services Methods Development of which $1,300,000 is 

for the Predator Research Station in Utah; $100,000 is to enhance 

existing research efforts at the National Wildlife Research Center 

field station in Starkville, Mississippi; $200,000 is to expand the 

program at the Jack Berryman Institute for addressing wildlife 

damage management issues, and $400,000 is for the National Wildlife Research Station located in Texas. 

The conferees are aware of the presence of chronic wasting disease in elk and deer in the state of New Mexico. The conferees encourage the Secretary to review the current situation and work 

with the state to establish, equip, and operate a state-run laboratory to conduct a rapid screening test for chronic wasting disease. 

The conferees are aware of an outbreak of avian influenza in 

the state of Rhode Island. The conferees urge the Secretary to provide financial assistance to Rhode Island egg producers who have 

depopulated their flocks, as a result of this outbreak. 

The conferees encourage the agency to support ongoing activities with the Wisconsin Department of Natural Resources animal 

nuisance program. 

488

BUILDINGS AND FACILITIES

The conference agreement provides $4,996,000 for Animal and 

Plant Health Inspection Service Buildings and Facilities as proposed by both the House and Senate. 

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

The conference agreement provides $75,430,000 for the Agri- cultural Marketing Service instead of $75,953,000 as proposed by 

the House and $75,263,000 as proposed by the Senate. 

The conference agreement includes language regarding plant 

variety protection, as proposed by the Senate. 

The conferees note that some of the additional funds may be 

used to improve scientific technical support of the National Organic 

Standards Board. 

The conference agreement includes $14,700,000 for the Pes- ticide Data Program and $6,209,000 for the Microbiological Data 

Program. 

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement provides $62,577,000 for Limitation 

on Administration Expenses as proposed by both the House and 

Senate. 

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

The conference agreement provides $15,392,000 for Funds for 

Strengthening Markets, Income, and Supply as proposed by both 

the House and Senate.

PAYMENTS TO STATES AND POSSESSIONS

The conference agreement appropriates $3,338,000 for Payments to States and Possessions as proposed by the Senate instead 

of $1,347,000 as proposed by the House. 

The conferees direct that $2,000,000 be provided to the Wisconsin Department of Agriculture, Trade, and Consumer Protection 

for the creation of specialty markets. The conferees recognize the 

need to expand marketing opportunities for value-added products, 

and expect a report from the Wisconsin Department of Agriculture, 

Trade, and Consumer Protection, through the Agricultural Marketing Service, regarding short and long-term objectives and plans 

to meet this need by March 1, 2004. 

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $35,890,000 for the Grain 

Inspection, Packers and Stockyards Administration instead of 

$39,690,000 as proposed by the House and $35,638,000 as proposed 

by the Senate. 

The conferees understand that the Secretary has undertaken a 

product verification protocols pilot, in conjunction with the MisVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00492 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
489

souri, Illinois, and Iowa corn growers associations, to establish controls for regulated seed varieties and to augment grain marketing. 

The conference report provides $500,000 to continue this pilot program with the growers associations for development of production 

protocols. 

The conferees are concerned about the management of the user 

fee program for grain export inspection and weighing services. The 

fee structure should fully fund the expenses of the program, as directed in the authorizing legislation. The funds appropriated by 

Congress for GIPSA’s Salaries and Expenses account are meant to 

fund necessary personnel and operating expenses, and should not 

be used to fund deficiencies in the user fee account. In July 2003, 

the Secretary transferred $2,000,000 from the Salaries and Expenses account to the user fee account to avoid over-obligation in 

the user fee account. The unsustainable nature of the current fee 

structure is an ongoing problem. In a fiscal year 1998 supplemental, the fee account received an appropriation of $1,500,000 to 

avoid a violation of the Anti-Deficiency Act. The conferees are 

strongly opposed to the transfer of appropriated funds into user fee 

accounts, particularly in cases such as this in which the user fee 

funding shortfall is ongoing, predictable, and fixable. The conferees 

direct the Administration to immediately take all necessary steps 

to adopt and implement a fee structure that fully funds the services provided. 

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

The conference agreement provides $42,463,000 as proposed by 

both the House and Senate. 

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

The conference agreement provides $599,000 for the Office of 

the Under Secretary for Food Safety as proposed by the House instead of $611,000 as proposed by the Senate. 

FOOD SAFETY AND INSPECTION SERVICE

The conference agreement provides $784,511,000 for the Food 

Safety and Inspection Service, instead of $785,261,000 as proposed 

by the House and $783,761,000 as proposed by the Senate. 

The conference agreement includes bill language relating to enforcement of the Humane Methods of Slaughter Act, as proposed by 

the Senate. 

The conferees provide increases of $4,250,000 for increased inspection staffing to accommodate industry growth; $5,650,000 to 

improve the scientific and surveillance skills of the workforce; 

$1,650,000 to establish a continuous baseline program for risk assessments and performance measurement; $4,460,000 to increase 

sampling for pathogens and to develop the laboratory capability to 

respond to chemical terrorism; $1,777,000 to increase the number 

of Equivalency Review trips and auditors to conduct the reviews; 

and $750,000 to design a mass media campaign aimed at improving the safe food handling habits of consumers at home. 

The conference agreement provides the agency with $1,650,000 

solely to outsource microbiological testing, as requested in the 

490

President’s budget, with the goal of establishing a continuous baseline program for risk assessment and performance measurement. 

The conferees expect the Department to outsource baseline testing 

to private American Association for Laboratory Accreditation. 

International Standards Organization approved laboratories. The 

conferees direct the Department to report on the progress of this 

initiative within 60 days of enactment of this Act. 

The conferees are concerned about the safety of imported meat. 

The amount of imported meat re-inspected by FSIS at our borders 

has dropped sharply in 2003. The conferees are also concerned that 

countries whose food safety systems have been deemed ‘‘equivalent’’ 

to ours (and whose producers are therefore allowed to export to the 

U.S.) may have serious weaknesses in their domestic food safety 

systems, but not be taken off the equivalency list. 

The conferees request FSIS to report to the Committees by 

March 1, 2004, on the equivalence and reinspection processes. The 

report should address: how the agency determines that a country’s 

meat inspection system is equivalent; whether this determination 

is subject to regular review and if so, how; what process FSIS uses 

for determining that a country is no longer equivalent; what public 

review of FSIS’s equivalency determinations exists; why the 

amount of meat reinspected at the border has declined sharply; and 

how the agency’s new automated import information system has 

impacted inspection operations at the border.

Food Safety and Inspection Service, funding by activity 

[In thousands of dollars] 

Conference 

Recommendation 

Food safety inspection: 

Federal ............................................................................................. $701,823 

State ................................................................................................ 49,858 

International ................................................................................... 18,398 

Codex ...................................................................................................... 2,637 

Field Automation and Information Management ............................... 11,795

Total ............................................................................................. 784,511

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

The conference agreement provides $635,000 for the Office of 

the Under Secretary for Farm and Foreign Agricultural Services as 

proposed by the Senate instead of $636,000 as proposed by the 

House. 

FARM SERVICE AGENCY

SALARIES AND EXPENSES

The conference agreement provides $988,768,000 for the Farm 

Service Agency as proposed by the Senate instead of 

$1,016,836,000 as proposed by the House. 

STATE MEDIATION GRANTS

The conference agreement provides $3,974,000 for State Mediation Grants, as proposed by both the House and Senate. 

491

DAIRY INDEMNITY PROGRAM

The conference agreement provides $100,000 for the Dairy Indemnity Program, as proposed by both the House and Senate. 

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

The following table reflects the conference agreement:

Farm Ownership Loans: 

Direct ............................................................................................... ($129,158,000) 

Subsidy ............................................................................................ 28,518,000 

Guaranteed ..................................................................................... (950,000,000) 

Subsidy ............................................................................................ 5,130,000 

Farm Operating Loans: 

Direct ............................................................................................... (617,503,000) 

Subsidy ............................................................................................ 89,044,000 

Unsubsidized Guaranteed .............................................................. (1,200,000,000) 

Subsidy ............................................................................................ 39,960,000 

Subsidized guaranteed ................................................................... (266,249,000) 

Subsidy ............................................................................................ 34,000,000 

Indian tribe land acquisition ......................................................... (2,000,000) 

Subsidy ............................................................................................ 0 

Boll weevil eradication ................................................................... (100,000,000) 

Subsidy ............................................................................................ 0 

ACIF expenses: 

Salaries and expenses (transfer to FSA) ...................................... 283,020,000 

Administrative expenses ................................................................ 7,948,000

RISK MANAGEMENT AGENCY

The conference agreement provides $71,422,000 for the Risk 

Management Agency as proposed by the Senate instead of 

$71,509,000 as proposed by the House. 

The conferees are aware that certain additional states have 

been approved for participation in the Livestock Risk Protection Pilots for swine and other livestock categories, but that this expansion was limited to ten states. The conferees urge the Department 

to expand the program during fiscal year 2004 to the maximum extent possible, including the states of Missouri, North Dakota, Ohio, 

South Dakota, West Virginia, and Wisconsin. 

FEDERAL CROP INSURANCE CORPORATION FUND

The conference agreement provides an appropriation of such 

sums as may be necessary for the Federal Crop Insurance Corporation Fund (estimated to be $3,368,000,000 in the President’s fiscal 

year 2004 Budget Request), as proposed by both the House and 

Senate. 

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

The conference agreement provides an appropriation of such 

sums as may be necessary for Reimbursement for Net Realized 

Losses of the Commodity Credit Corporation (estimated to be 

$17,275,000,000 in the President’s fiscal year 2004 Budget Request), as proposed by both the House and Senate. 

492

HAZARDOUS WASTE MANAGEMENT

The conference agreement provides a limitation of $5,000,000 

for Hazardous Waste Management, as proposed by both the House 

and Senate. 

TITLE II—CONSERVATION PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

The conference agreement provides $745,000 for the Office of 

the Under Secretary for Natural Resources and Environment as 

proposed by the House instead of $761,000 as proposed by the Senate. 

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

The conference agreement provides $853,004,000 for Conservation Operations instead of $850,004,000 as proposed by the House 

and $826,635,000 as proposed by the Senate. 

The conference agreement includes Senate bill language that 

prohibits the discretionary funds in this account from being used 

to provide technical assistance for mandatory farm bill programs.

The conferees direct the Chief of the NRCS, in making the fiscal year 2004 Conservation Operations funding allocations to the 

states, to treat items under the heading ‘Conservation Operations’ 

in the Statement of Managers accompanying this conference report, 

as increases to the states’ funding allocation. The conferees direct 

the NRCS to provide a report to the Committees on Appropriations, 

not later than 45 days after the enactment of this Act, that includes the following: fiscal year 2003 Conservation Operations allocation by state; fiscal year 2004 Conservation Operations allocation 

by state; fiscal year 2004 Congressional earmarks by state; and the 

total fiscal year 2004 Conservation Operations allocation by state. 

The conference agreement provides $23,500,000 for the Grazing Lands Conservation Initiative. The conferees also provide an 

additional amount of $950,000 for Grazing Lands Conservation Initiative activities in the State of Wisconsin. 

The conferees urge NRCS to make EQIP funding available for 

public land contracts to the maximum extent permitted under the 

law. In particular, the conferees are concerned that EQIP funding 

be made available for public land ranchers in states such as AZ, 

NM, ID, UT, OR, CA, CO, and WY to help meet regulatory demands and to relieve utilization pressure on private lands in those 

states. 

The statement of managers remains silent on provisions that 

were in both the House directives as contained in H. Rept. 108–

193, pp. 59–62 and the Senate directives as contained in Senate 

Rept. 108–107, pp. 95–101, that remain unchanged by this conference agreement, except as noted herein: Environmental, educational, and demonstration of conservation practices (AL)—

$200,000; obtain and evaluate materials for cold region seeds of 

plants in conjunction w/Alaska Division of Agriculture—$315,000; 

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Native Plant Materials (AK) (evaluating and developing)—

$315,000; two staff positions in Palmer (AK)—$200,000; GIS-based 

mapping/hyperspectral imaging of agricultural lands—$400,000; 

Natural resource inventory development (AK)—$1,200,000; Cooperative agreement with soil and water conservation district (AK)—

$1,500,000; planning and design of new storage facility at Plant 

Materials Center (AK)—$300,000; Southwest Strategy (AZ/NM)—

$135,000; National Water Management Center (AR)—$2,475,000; 

Little Red River Irrigation Project—$398,000; Walnut Bayou (AR) 

Irrigation Project—$300,000; Study to determine logistics of transportation/coordination of excess nutrients (AR)—$200,000; Alameda 

County (CA) watershed surveys—$125,000; East Valley Conservation District/Santa Ana Watershed Authority (CA) Plant Removal—

$1,000,000; Monterey Bay (CA) Sanctuary—$600,000; Cooperative 

agreement with Tufts University (CT) to improve conservation 

practices—$480,000; Expand cooperative efforts w/ Delaware State 

for plant materials—$290,000; Pilot projects for technology systems 

resulting in nutrient reduction (FL)—$5,000,000; Manatee (FL) Agriculture Reuse System—$2,000,000; Lake Okeechobee (FL) Watershed project planning—$270,000; Suwannee, Dixie, and Lafeyette 

Counties (FL) dairy and poultry waste treatment—$280,000; Cooperative agreement with Green Institute (FL)—$280,000; projects 

for nutrient reducing waste treatment systems (FL)—$720,000; 

Georgia Soil and Water Conservation Commission Cooperative 

Agreement—$3,600,000; Community nutrient management facilities (GA)—$350,000; PMC for Native Plants to clean up the Island 

of Kahoolawe (HI)—$108,000; Molokai (HI) Agriculture Community 

Committee—$250,000; Agricultural development/resource conservation—Molokai (HI)—$630,000; Idaho One Plan—$200,000; Conversion to sprinkler irrigation (ID)—$900,000; Basalt and ground 

water protection project—$250,000; Ecological site description 

project with Idaho Association of Conservation Districts—$400,000; 

Lower Payette (ID) ditch irrigation diversion project—$624,000; 

Trees Forever Program (IL)—$100,000; Iroquois River (IL) watershed—$436,000; Illinois River agricultural conservation project cooperative agreement with Ducks Unlimited—$238,000; Wildlife 

habitat education program cooperative agreement with National 

Wild Turkey Federation—$238,000; Hungry Canyon/Loess Hills 

Erosion Control/Western Iowa—$1,200,000; Trees Forever Program 

(IA)—$100,000; CEMSA w/Iowa Soybean Association—$363,000; 

Tipton Creek watershed (IA)—$120,000; Cooperative agreement 

with Northern Iowa University—$400,000; Innovative environmental technology program (IN)—$500,000; Soil erosion control 

cost-share program/soil survey program (KY)—$2,800,000; Cooperative agreement with Western Kentucky University—$400,000; 

Technical assistance to provide grants to Soil Conservation Districts (KY)—$880,000; Technical assistance for water project in 

Hardin County (KY)—$200,000; Dairy waste remediation-Lake 

Ponchartrain (LA) Basin—$290,000; False River (LA) sedimentation project—$150,000; Choupique Drainage canal improvements 

(LA)—$200,000; Porte de Luce watershed (LA)—$820,000; Cooperative agreement with Louisiana State University on effectiveness of 

agriculture and forestry—$273,000; Chesapeake Bay activities—

$6,000,000; Conservation related to cranberry production (MA/

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WI)—$570,000; Weed It Now-Taconic Mountains (MA/NY/CT)—

$200,000; Great Lakes pilot program for conservation—$500,000; 

Franklin County (MS) Lake technical assistance—$1,500,000; Mississippi Delta Water Resources Study—$700,000; Delta Conservation Demonstration Center, Washington County (MS)—$1,400,000; 

Soil erosion/Alcorn State (MS)—$175,000; Cattle and nutrient management in stream crossings (MS)—$900,000; Choctaw County 

(MS) feasibility study for surface impoundment—$210,000; Wildlife 

Management Institute (MS)—$5,813,000; Humphrey’s County (MS) 

Hospital flood protection—$360,000; Drainage improvements, 

Hinds County (MS)—$250,000; Drainage improvements, Port Gibson (MS)—$294,000; Rankin County (MS) Richland Creek watershed—$294,000; Rankin County (MS) erosion control project—

$200,000; Establish Upper White River Water Quality Project Office in southern Missouri—$380,000; Lake Tahoe Basin Soil Conservation Project (NV/CA)—$500,000; Lake Tahoe Basin area soil 

survey (NV/CA)—$180,000; Improved nutrient management/protection of water resources (NV)—$540,000; establish plant materials 

center in the vicinity of Fallon (NV)—$450,000; State conservation 

cost share program (NJ)—$900,000; Ciudad Soil and Water Conservation District (NM)—$50,000; Riparian restoration activities 

along Rio Grande and Pecos River (NM)—$480,000; Pastureland 

Management/Rotational Grazing (NY)—$500,000; Best management practices/Skaneateles and Owasco Watersheds (NY)—

$250,000; Address non-point pollution in Onondaga Lake Watershed (NY)—$250,000; Beaver Swamp Brook project (NY) implementation/environmental restoration—$300,000; Phase II/Watershed 

Agriculture Council in Walton (NY)—$700,000; Pace University 

Land Use Law Center—$200,000; Sodus Bay (NY) watershed/

Wayne County technical assistance—$250,000; New York State Agriculture and Environment Program—$750,000; Long Island Sound 

watershed initiative—$200,000; Erosion control/stabilization for 

Hudson River (NY) shoreline—$250,000; evaluation of manure 

management systems (NY)—$130,000; Technical assistance to livestock/poultry industry (NC) $400,000; West Cary (NC) Watershed 

and Farmland Protection Project—$300,000; Red River Flood Prevention/Energy and Environmental Research Center (ND)—

$1,490,000; North Central Planning Council water utilization/Devil’s Lake—$559,000; Maumee Watershed Hydrological Study and 

Flood Mitigation Plan (OH)—$1,000,000; Oregon Garden, Silverton 

(OR)—$325,000; Native grassland demo project in the vicinity of 

Tar Creek (OK)—$2,200,000; Pawtucket watershed (RI)—$450,000; 

GIS-based model to integrate commodity and conservation—

$800,000; Study to characterize land use change while preserving 

natural resources in cooperation with Clemson University (SC)—

$900,000; Bexar, Medina, Uvalde Counties irrigation in Edwards 

Aquifer (TX)—$500,000; Field office telecommunications pilot program/advanced soil survey methods (TX)—$2,110,000; Leon River 

restoration project (TX)—$196,000; Range vegetation pilot project, 

Ft. Hood (TX)—$500,000; Texas Water Resources Institute cooperative agreement for Tarrant County (TX)—$500,000; AFO/CAFO 

Pilot Project (UT)—$300,000; Dry Creek/Neff’s Grove project 

(UT)—$1,100,000; Study to examine effects of vegetative manipulation on water yields with Utah State University—$500,000; WashVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00498 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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ington Fields (UT)—$750,000; Wellsville (UT) drainage improvement—$250,000; Reduce phosphorus loading into Lake Champlain 

(VT)—$290,000; Pilot farm viability program project (VT)—

$167,000; Walla Walla (WA) watershed alliance—$500,000; Comprehensive irrigation district management plans cooperative agreement—$250,000; Design/implement natural stream restoration initiatives (WV)—$770,000; Soil survey geographic database in the 

Mid-Atlantic Highlands (WV)—$180,000; Poultry Litter 

Composting (WV)—$160,000; Potomac and Ohio River Basin Soil 

Nutrient Project (WV)—$300,000; Appalachian Small Farmer Outreach Program (WV)—$860,000; GIS Center of Excellence at West 

Virginia University—$4,337,000; Grazing Lands Initiative/Wisconsin Department of Agriculture—$950,000; Global Environment 

Mgmt. Education Center at Stevens Point (WI)—$2,000,000; Examine benefits of using vegetative buffers w/ Univ. of Wisconsin-Madison—$600,000; Conservation land internship program (WI)—

$108,000; Soil survey mapping and digitization project (WI)—

$415,000; Wisconsin Tribal Conservation Advisory Committee cooperative agreement—$275,000; Cooperative agreement with Sand 

County Foundation (WI)—$900,000; Cooperative agreement with 

the University of Wisconsin for the Conservation Technology 

Transfer Project—$300,000; Soil survey mapping project (WY)—

$300,000; Audubon at Home Pilot Program—$500,000; Grazing 

Lands Conservation Initiative—$23,500,000; Great Lakes Basin 

Program for Soil & Erosion Sediment—$2,500,000; Watershed 

management demo program/NPPC—$600,000; National Fish and 

Wildlife Foundation Partnerships—$3,000,000; Source water protection project to States that show the greatest need—$2,750,000; 

Operation Oak to restore hardwoods in the south/cooperative agreement with National Wild Turkey Federation—$300,000; 

SNOTEL—$9,250,000; Plant Materials Centers—$11,500,000; OnFarm Management Systems Evaluation Network—$200,000; and 

pay cost—$15,678,000. 

The conferees concur with the language and reporting requirement contained in the Senate report regarding the Natural Resource Inventory (NRI). The conferees expect the pilot activity to 

provide resource data meaningful to Alaska and integrated with or 

supplemental to the national NRI. 

The conferees urge the Department to give consideration to the 

use of WHIP funding for projects that will utilize the benefits of 

Eelgrass habitats to marine ecosystems in places such as Narragansett Bay in the State of Rhode Island, and similar areas. 

WATERSHED SURVEYS AND PLANNING

The conference agreement provides $10,562,000 for Watershed Surveys and Planning instead of $11,124,000 as proposed by the 

House and $10,000,000 as proposed by the Senate. 

WATERSHED AND FLOOD PREVENTION OPERATIONS

The conference agreement provides $87,000,000 for Watershed 

and Flood Prevention Operations instead of $90,000,000 as proposed by the House and $55,000,000 as proposed by the Senate. 

The conferees expect the Department to give consideration for 

financial and technical assistance to the following: Indian Creek 

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watershed (PA); Town Creek (MS); Oaklimiter Watershed (MS); 

Tanana River (AK); installation of land treatment conservation 

measures, including plan supplements, in the Brandywine Creek 

and the Red-White Clay Creek Watersheds (PA); and McCarthy 

Creek Watershed (AK). 

WATERSHED REHABILITATION PROGRAM

The conference agreement provides $29,805,000 for the Watershed Rehabilitation Program as proposed by the Senate instead of 

$40,000,000 as proposed by the House. 

The conferees direct that funding be provided for rehabilitation 

of structures determined to be of high priority need in order to protect property and ensure public safety. 

RESOURCE CONSERVATION AND DEVELOPMENT

The conference agreement provides $51,947,000 for Resource 

Conservation and Development instead of $52,894,000 as proposed 

by the House and $51,000,000 as proposed by the Senate.

TITLE III—RURAL DEVELOPMENT PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

The conference agreement provides $636,000 for the Office of 

the Under Secretary for Rural Development as proposed by the 

House instead of $651,000 as proposed by the Senate. 

The conferees direct the Under Secretary to give consideration 

to the following projects or organizations requesting financial and/

or technical assistance, and grants and/or loans made available 

under the Rural Development mission area: Community facility, 

Belmont County (OH); expansion of wastewater treatment plant facilities, Village of Ruidoso and Ruidoso Downs (NM); Jamerson 

rural (NV) small business project; Forest Enterprises Technology 

Center (WI); Menominee Mini-Mall Development project (WI); Mole 

Lake Water and Sewer project (WI); Strawberry/Movie Ranch 

project (UT); Meadow View Heights project (UT); Johnson Canyon 

(UT); Garden State Ethanol (NJ); Energy Photovoltaics, Inc., (NJ); 

Cleburne County (AR) community facility/water and waste project; 

Menominee Tribal Enterprises (WI); Cold Canyon Park (CA) forestry center; Wastewater pumping and treatment system improvements in St. John (VI); Wastewater pumping and treatment system 

improvements in St. Thomas (VI); Rehabilitation of six major 

wastewater pump stations in St. Thomas and St. Croix (VI); Rehabilitation and replacement of sanitary sewer infrastructure components in St. Croix (VI); technical assistance to the Government of 

the U.S. Virgin Islands in formulating a prioritized wastewater system maintenance-management system; Brunswick Community College turf grass and horticulture technology program (NC); and, 

sewer and water system improvements on the Red Cliff (WI) reservation. 

The conferees expect the Secretary to approve these projects 

only when subject to established review procedures. 

The conferees encourage the Department to continue support 

for the National Rural Development Partnership (NRDP) and its 

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associated State Rural Development Councils (SRDCs). Additionally, the Department is encouraged to intensify its efforts to secure 

financial and other support for the NRDP and SRDCs from other 

Federal agencies with rural responsibilities. 

RURAL COMMUNITY ADVANCEMENT PROGRAM

The conference agreement provides $757,425,000 for the Rural 

Community Advancement Program (RCAP) instead of $701,006,000 

as proposed by the House and $767,479,000 as proposed by the 

Senate. 

The conference agreement provides $75,919,000 for community 

facilities; $605,006,000 for water and waste, of which $1,000,000 is 

for grants to nonprofit organizations to finance construction, refurbishing, and servicing of individually-owned household water well 

systems in rural areas, and of which $500,000 is for revolving 

funds for financing water and wastewater projects; and $76,500,000 

is for rural business and cooperative development programs. 

The conference agreement provides $24,000,000 for loans and 

grants to benefit Federally Recognized Native American Tribes. 

The conference agreement provides $17,733,000 for technical 

assistance grants for rural water and waste systems. 

The conference agreement provides $1,750,000 for grants to 

the Delta Regional Authority. 

The conference agreement provides not less than $2,000,000 

for grants to statewide private nonprofit public television systems. 

The conference agreement provides $28,000,000 for rural and 

native villages in Alaska. 

The conference agreement provides that of the funds for the 

circuit rider program, two additional full circuit rider contracts are 

for Alaska. 

The conference agreement provides $22,000,000 for facilities in 

rural communities with extreme unemployment and severe economic depression. 

The conference agreement provides $28,000,000 to be transferred to the Rural Utilities Service, High Energy Cost Grants Account. 

The following table indicates the distribution of funding for the 

RCAP:

Community Facilities ............................................................................ $75,919,000 

Business-Cooperative Development ..................................................... 76,500,000 

Water and Waste ................................................................................... 605,006,000

Total ............................................................................................. 757,425,000 

Earmarks: 

Federally Recognized Native American Tribes ............................ 24,000,000 

Rural Community Development Initiative ................................... 6,000,000 

Technical Assistance for Rural Transportation ........................... 250,000 

Delta Regional Authority ............................................................... 1,750,000 

Colonias ........................................................................................... 25,000,000 

Alaska Villages ............................................................................... 28,000,000 

Technical Assistance ...................................................................... 17,733,000 

Circuit Rider ................................................................................... 13,000,000 

EZ/EC and REAP ........................................................................... 22,132,000 

Economic Impact Initiative Grants ............................................... 22,000,000 

High Energy Cost Grants .............................................................. 28,000,000 

RCAP ............................................................................................... 5,513,000 

Nonprofit individually-owned water well grants ......................... 1,000,000 

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Water and Wastewater Revolving Funds ..................................... 500,000 

Native American Circuit Rider ...................................................... 750,000

RURAL DEVELOPMENT SALARIES AND EXPENSES

The conference agreement provides $141,869,000 for Rural Development Salaries and Expenses instead of $146,495,000 as proposed by the House and $140,922,000 as proposed by the Senate. 

The conferees note that the funds provided in this Act may be 

used to ensure the timely relocation of the employees of the Rural 

Development and Farm Service Agency offices from the Abrams 

Federal Building on Market Street, in St. Louis, Missouri, to the 

new facility on Goodfellow Boulevard by December 31, 2004. 

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

The conference agreement provides a total subsidy of 

$232,347,000 for activities under the Rural Housing Insurance 

Fund Program Account instead of $232,426,000 as proposed by the 

House and $231,860,000 as proposed by the Senate. 

The conference agreement provides for an estimated loan program level of $4,362,128,000 instead of $4,364,727,000 as proposed 

by the House and $4,352,813,000 as proposed by the Senate. 

The conference agreement provides for a transfer of 

$443,302,000 to salaries and expenses instead of $447,151,000 as 

proposed by the House and $439,453,000 as proposed by the Senate. 

The Rural Housing Service is encouraged to work with South 

County Housing Corporation in Monterey County, California, on 

the Salinas Road Swing Housing Project. 

The following table indicates loan and subsidy levels provided 

in the conference agreement:

Rural Housing Insurance Fund Program Account:

Loan authorizations: 

Single family (sec. 502) .................................................................. ($1,366,462,000) 

Unsubsidized guaranteed ....................................................... (2,725,172,000) 

Housing repair (sec. 504) ............................................................... (35,004,000) 

Rental housing (sec. 515) ........................................................ (116,545,000) 

Site loans (sec. 524) ........................................................................ (5,045,000) 

Multi-family housing guarantees .................................................. (100,000,000) 

Multi-family housing credit sales .................................................. (1,500,000) 

Single family housing credit sales ................................................. (10,000,000) 

Self-help housing land development ............................................. (2,400,000) 

Total, Loan authorizations .................................................. (4,362,128,000) 

Loan subsidies: 

Single family (sec. 502) .................................................................. 126,018,000 

Unsubsidized guaranteed ....................................................... 39,903,000 

Housing repair (sec. 504) ............................................................... 9,612,000 

Rental housing (sec. 515) ........................................................ 50,126,000 

Site loans (sec. 524) ........................................................................ —

Multi-family housing guarantees .................................................. 5,950,000 

Multi-family housing credit sales .................................................. 663,000 

Single family housing credit sales ................................................. — 

499

Self-help housing land development ............................................. 75,000 

Total, Loan subsidies 232,347,000 

RHIF administration expenses (transfer to RD) ................................. 443,302,000

RENTAL ASSISTANCE PROGRAM

The conference agreement provides $584,000,000 for the Rental 

Assistance Program instead of $731,000,000 as proposed by the 

House and $721,281,000 as proposed by the Senate. 

The conferees strongly support the Section 521 rental assistance program which helps approximately 264,000 low and very-low 

income rural households by providing a subsidy to offset a portion 

of their rent. The conference agreement provides sufficient funding 

to meet the needs associated with program renewals and new construction in fiscal year 2004. However, the conferees are concerned 

that the past budget requests for the cost of rental assistance have 

been overstated and have resulted in substantial unliquidated balances. In recent years, appropriations provided for five-year rental 

assistance contracts have been sufficient to cover a period of, on average, six and one half years. The conference agreement changes 

the contract term from five to four years better to reflect the actual 

costs of existing contracts. The conferees support the continuation 

of multi-year contracts to provide stability to the multi-family program. Further, the conference agreement provides the Secretary 

with the authority to carry-over unexpended funds at the completion of the four-year contract period to address future program 

needs for certain purposes. 

MUTUAL AND SELF-HELP HOUSING GRANTS

The conference agreement provides $34,000,000 for Mutual 

and Self-Help Housing Grants as proposed by the Senate instead 

of $34,772,000 as proposed by the House. 

The conference agreement does not adopt Senate bill language 

regarding Demonstration Housing Grants. 

RURAL HOUSING ASSISTANCE GRANTS

The conference agreement provides $46,222,000 for Rural 

Housing Assistance Grants as proposed by the Senate instead of 

$42,222,000 as proposed by the House. 

The conferees provide $5,000,000 for a demonstration housing 

program for processing workers in the states of Alaska, Mississippi, 

Utah and Wisconsin. The conferees encourage the Secretary to administer this program through non-profits, governmental entities 

and community based organizations, including cooperatives and to 

fund grants up to 75 percent of the total development cost for each 

project awarded. 

The Department should consider on-site tenant services in the 

selection criteria for projects awarded. The conferees encourage the 

Department to issue a notice of availability of funds within 60 days 

of enactment of this Act. 

The conferees are concerned that only a few states benefited 

from the Supervisory and Technical Assistance Grant Program in 

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sider an allocation process that will not discriminate against other 

states or regions of the nation. The conferees encourage the Secretary to limit funding to any state or territory to 10 percent of 

available funds, and to give priority to entities that have experience in homeownership education and/or reducing delinquencies 

and foreclosures. The conferees expect the Secretary to provide not 

less than $2,000,000 for the Supervisory and Technical Assistance 

account. 

FARM LABOR PROGRAM ACCOUNT

The conference agreement provides $36,307,000 for the Farm 

Labor Program Account as proposed by the House instead of 

$33,015,000 as proposed by the Senate. 

The conference agreement provides $18,300,000 for loan subsidies, and $18,007,000 for grants. 

HISTORIC BARN PRESERVATION

The conference agreement does not include $2,000,000 for the 

Historic Barn Preservation account as proposed by the Senate. 

RURAL BUSINESS-COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

The conference agreement provides a loan level of $40,000,000 

with a subsidy of $17,308,000, the same as proposed by both the 

House and Senate. 

The conference agreement provides for a transfer of $4,272,000 

to the Rural Development salaries and expense account instead of 

$4,283,000 as proposed by the House and the Senate.

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

The conference agreement provides a loan level of $15,002,000 

for the Rural Economic Development Loans Program Account with 

a subsidy of $2,792,000 as proposed by the Senate instead of a 

$16,120,000 loan level with a subsidy of $3,000,000 as proposed by 

the House. 

RURAL COOPERATIVE DEVELOPMENT GRANTS

The conference agreement provides $24,000,000 for Rural Cooperative Development Grants instead of $13,000,000 as proposed 

by the House and $8,967,000 as proposed by the Senate. 

The conference agreement does not include bill language that 

sets aside $500,000 for cooperative research agreements. 

The conference agreement provides $15,000,000 for valueadded agricultural product market development grants. 

The conference agreement adopts language for cooperatives or 

associations of cooperatives, whose primary focus is to provide assistance to small, minority producers and whose governing board 

and/or membership is comprised of at least 75 percent minority. 

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

The conference agreement provides $12,667,000 for Rural Empowerment Zones and Enterprise Communities Grants instead of 

501

$10,967,000 as proposed by the House and $14,370,000 as proposed 

by the Senate. 

The conference agreement includes bill language providing that $1,000,000 shall be for third round empowerment zones. 

RENEWABLE ENERGY PROGRAM

The conference agreement provides $23,000,000 for the Renewable Energy Program as proposed by the House and the Senate. 

The conference agreement includes bill language that provides 

for guaranteed loans for this account. 

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

The conference agreement provides a total subsidy of $185,000 

for activities under the Rural Electrification and Telecommunications Loans Program Account. The conference agreement provides for an estimated loan program level of $5,605,000,000 as proposed by the Senate instead of $4,655,000,000 as proposed by the 

House. 

The conference agreement adopts bill language that provides 

guaranteed underwriting loans. 

The conference agreement adopts House language providing for a transfer of $37,853,000 to salaries and expenses instead of 

$38,166,000 as proposed by the House and $37,920,000 as proposed 

by the Senate. 

The following table indicates loan and subsidy levels provided 

in the conference agreement: 

Rural Electrification and Telecommunications Loans Program 

Account:

Loan authorizations: 

Electric: 

Direct, 5 percent ...................................................................... ($240,000,000) 

Direct, Muni ............................................................................. (1,000,000,000) 

Direct, FFB .............................................................................. (2,000,000,000) 

Direct, Treasury rate .............................................................. (750,000,000) 

Guaranteed .............................................................................. (100,000,000) 

Guaranteed underwriting ....................................................... (1,000,000,000) 

Subtotal ............................................................................. (5,090,000,000) 

Telecommunications: 

Direct, 5 percent ...................................................................... (145,000,000) 

Direct, Treasury rate .............................................................. (250,000,000) 

Direct, FFB .............................................................................. (120,000,000) 

Subtotal ............................................................................. (515,000,000) 

Total, loan authorizations ............................................... (5,605,000,000) 

Loan subsidies: 

Electric: Guaranteed ............................................................... 60,000 

Telecommunications: 

Direct, Treasury rate .............................................................. 125,000 

Total, loan subsidies ........................................................ 185,000 

RETLP administrative expenses (transfer to RD) .............................. 37,853,000

502

RURAL TELEPHONE BANK PROGRAM ACCOUNT

The conference agreement provides $173,503,000 for the Rural 

Telephone Bank Program Account as proposed by the Senate. The 

House did not provide funding for this account. 

The conference agreement provides for a transfer of $3,171,000 

to salaries and expenses instead of $3,182,000 as proposed by the 

House and the Senate. 

DISTANCE LEARNING, TELEMEDICINE AND BROADBAND PROGRAM

The conference agreement provides $61,116,000 for the Distance Learning, Telemedicine and Broadband Program instead of 

$42,116,000 as proposed by the House and $65,116,000 as proposed 

by the Senate. 

The conference agreement provides for an estimated loan program level of $300,000,000 for distance learning and telemedicine 

and $602,000,000 for broadband telecommunications. 

The conference agreement includes $39,000,000 for Distance 

Learning and Telemedicine grants. 

The conference agreement includes $13,116,000 for Broadband 

loan subsidies, and $9,000,000 for grants. 

The conference agreement includes bill language that the 

Broadband Loan program shall be for direct, Treasury rate loans.

The conference agreement adopts language defining rural 

areas as proposed by the Senate. 

The conferees are aware of and encourage the Secretary to support the utilization of remote telemedicine services capable of 

transmitting medical information in both real-time and stored scenarios for diagnosis, medical monitoring, and emergency purposes. 

Furthermore, the conferees recognize the need for integration and 

interoperability of real-time remote mobile medical technology with 

other devices, systems, and services which together offer increased 

capabilities, functionality, and levels of care. 

TITLE IV—DOMESTIC FOOD PROGRAMS 

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

The conference agreement provides $599,000 for the Office of 

the Under Secretary for Food, Nutrition and Consumer Services, as 

proposed by the House, instead of $611,000 as proposed by the Senate. 

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

The conference agreement provides $11,417,441,000 for Child 

Nutrition Programs, instead of $11,418,441,000, as proposed by 

both the House and Senate. The conference amount includes full 

funding of the request for program expenses, and $5,000,000 for a 

certification study, instead of $6,000,000 as requested. 

Included in the total is an appropriated amount of 

$6,717,780,000 and a transfer from section 32 of $4,699,661,000. 

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The conference agreement includes a provision prohibiting use 

of funds for studies and evaluations, except as specifically provided. 

The conferees provide $5,000,000 in one-time funding for a 

study of over and under certification errors and the effect those errors have on expenditures in the National School Lunch and School 

Breakfast Programs, and an assessment of the feasibility of using 

income data matching in those programs. The conferees are aware 

that this study will provide information necessary to make informed policy decisions regarding these programs, but direct the 

Department to work to ensure that neither the design nor implementation of the study will discourage participation in these programs by eligible children. 

The conferees provide $10,025,000, the same level as fiscal 

year 2003 and the budget request, for the School Meals Initiative/

Team Nutrition. The conferees believe it is important to support 

physical activity and healthy eating habits in children and strongly 

support the nutrition education activities carried out with these 

funds. The conferees encourage the Department to provide additional funding to support these efforts as appropriate to combat increased obesity and other health problems in children. 

The conference agreement provides the following for Child Nutrition programs:

Total Obligational Authority 

Child Nutrition Programs: 

School lunch program ..................................................................... $6,683,704,000 

School breakfast program .............................................................. 1,797,923,000 

Child and adult care food program ............................................... 2,019,045,000 

Summer food service program ....................................................... 308,653,000 

Special milk program ..................................................................... 15,270,000 

State administrative expenses ....................................................... 140,240,000 

Commodity procurement and computer support ......................... 431,309,000 

School meals initiative/Team nutrition ........................................ 10,025,000 

Food safety education ..................................................................... 1,000,000 

Coordinated review effort .............................................................. 5,235,000 

Program Pay Cost ........................................................................... 37,000 

Certification and data match study .............................................. 5,000,000 

Total ............................................................................................. 11,417,441,000

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, 

AND CHILDREN (WIC)

The conference agreement provides $4,639,232,000 for the Special Supplemental Nutrition Program for Women, Infants, and 

Children (WIC), as proposed by the Senate, instead of 

$4,588,310,000 as proposed by the House. 

The conference agreement includes no less than $15,000,000 

for a breastfeeding support initiative. In addition, the conference 

agreement provides up to $25,000,000 for investments in management information systems, and up to $4,000,000 for pilot projects 

to combat obesity in children, if the Secretary determines that 

those funds are not needed to maintain caseload. The conferees 

provide $23,000,000 for the Farmers’ Market Nutrition Program, 

instead of $25,000,000 as proposed by the Senate, and no funding 

as proposed by the House. The House had funded this program at 

$20,000,000 under the Commodity Assistance Program account. 

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The conference agreement does not provide funds to increase 

the WIC contingency fund. The conferees note that $125,000,000 

was provided for the WIC contingency fund in fiscal year 2003, and 

the entire amount remains available to the Secretary to fund program costs if necessary.

The conferees urge the Secretary to allow state and local WIC 

agencies the flexibility to use breastfeeding promotion and support 

methods and efforts that have yielded positive results, in the expenditure of funds provided for under Section 17 for the 

breastfeeding support initiative. 

The conference agreement includes a provision prohibiting use 

of funds for studies and evaluations. 

FOOD STAMP PROGRAM

The conference agreement provides $30,945,981,000 for the 

Food Stamp Program, instead of $27,745,981,000, as proposed by 

the House and $29,945,981,000 as proposed by the Senate. Included in this amount is a reserve of $3,000,000,000, instead of 

$2,000,000,000, as proposed in the budget request. 

In addition to the $3,000,000,000 for the reserve, the conference agreement includes $26,403,176,000 for program expenses, 

$1,402,805,000 for grants to Puerto Rico and Samoa, and 

$140,000,000 for commodity purchase for The Emergency Food Assistance Program. 

The conference agreement includes a provision allowing for 

purchase of bison meat, in an amount not to exceed $4,000,000, for 

the Food Distribution Program on Indian Reservations (FDPIR). 

The conference agreement includes a provision prohibiting use 

of funds for studies and evaluations. 

COMMODITY ASSISTANCE PROGRAM

The conference agreement provides $150,000,000 for the Commodity Assistance Program, instead of $166,072,000, as proposed 

by the House and $145,740,000 as proposed by the Senate. 

Within that amount, the conference agreement provides 

$98,919,000 for the Commodity Supplemental Food Program, an increase of $3,928,000 over the request and the House and Senate 

levels. 

The conferees have provided this increase to address the growing caseload in this program. USDA has indicated that, at the request level of $94,991,000, the total budgetary resources available 

for fiscal year 2004 for the program—including beginning inventory—would be sufficient to support participation of 520,642, and 

caseload of 536,744. The conferees expect the Department to make 

the full amount of those budgetary resources available to support 

participation and caseload. The intention of the conferees is to ensure at a minimum that the final caseload in September, 2003, can 

be maintained in 2004, while meeting the requirement to protect 

the caseload of states that joined the program in 2003. 

The conferees provide $50,000,000 for administration—processing, storage, transport, and distribution—of The Emergency 

Food Assistance Program (TEFAP). The conference agreement includes a general provision that provides the Secretary with authorVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00508 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
505

ity to transfer up to $10,000,000 from TEFAP commodity purchases 

to administration. 

Within this account, the conferees provide $1,081,000 to the 

Food Donations Program for Pacific Island Assistance. 

The conference agreement does not include funding for the 

Farmers’ Market Nutrition Program in this account, as proposed by 

the House. Rather, $23,000,000 in funding for that program is provided in the account for The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). 

The conference agreement includes language regarding new 

authorization for assistance to nuclear affected islands. 

NUTRITION PROGRAMS ADMINISTRATION

The conference agreement provides $138,304,000 for Nutrition 

Programs Administration, as proposed by the Senate, instead of 

$140,512,000 as proposed by the House. Included in this amount is 

not less than $4,000,000 to improve integrity in the Food Stamp 

Program and Child Nutrition Program. 

The conferees provide the same funding level as fiscal year 

2003 for studies and evaluations in the Nutrition Programs Administration account. 

The conference agreement does not include funding for the requested initiatives, as proposed by the House.

TITLE V—FOREIGN ASSISTANCE AND RELATED PROGRAMS 

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

The conference agreement provides $132,148,000 for the Foreign Agricultural Service, Salaries and Expenses instead of 

$133,924,000 as proposed by the House and $131,648,000 as proposed by the Senate. 

The conferees direct the Secretary to distinguish between 

white (food grade) sorghum and yellow (feed grade) sorghum in 

food aid programs. 

PUBLIC LAW 480 TITLE I AND TITLE II PROGRAM AND GRANT ACCOUNTS

The conference agreement provides $103,887,000 for Title I 

loan subsidies for a loan level of $132,000,000 as proposed by the 

House instead of $131,670,000 as proposed by the Senate. 

The conference agreement provides $28,000,000 for Ocean 

Freight Differential as proposed by the House and the Senate. 

The conference agreement provides $1,192,000,000 for Public 

Law 480 Title II as proposed by the House and the Senate. 

The following table reflects the conference agreement for Public Law 480 program accounts:

Public Law 480 

Title 1—Program account: 

Loan authorization, direct ............................................................. ($132,000,000) 

Loan subsidies ................................................................................ 103,887,000 

Ocean freight differential 28,000,000 

Title II—Commodities for disposition abroad: 

Program level .................................................................................. (1,192,000,000) 

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Public Law 480—Continued

Appropriation .................................................................................. 1,192,000,000 

Salaries and expenses: 

Foreign Agricultural Service (transfer to FAS) ............................ 1,059,000 

Farm Service Agency (transfer to FSA) ........................................ 1,075,000

The conferees direct the administration not to place arbitrary 

limits on monetization under the Public Law 480, Title II, program. 

In food-deficit, import-reliant countries, monetization stimulates 

the economy and allows needed commodities to be provided in the 

marketplace. Food aid proposals should be approved based on the 

merits of the program plan to promote food security and improve 

people’s lives, not on the level of monetization. 

MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

The conference agreement provides $50,000,000 for the McGovern-Dole International Food for Education and Child Nutrition Program instead of $56,874,000 as proposed by the House and 

$25,000,000 as proposed by the Senate. 

Although Food for Progress funds may not be used for the 

McGovern-Dole program, the conferees support the goals of that 

program and encourage the Secretary to investigate use of other resources, such as 416(b), to carry out activities consistent with the 

goals of the McGovern-Dole program. 

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM

ACCOUNT

The conference agreement provides $4,152,000 for the Commodity Credit Corporation Export Loans Program Account as proposed by the Senate instead of $4,312,000 as proposed by the 

House. 

TITLE VI—RELATED AGENCIES AND FOOD AND DRUG 

ADMINISTRATION 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides total appropriations, including Prescription Drug User Fee Act, Medical Device User Fee 

Act, and Animal Drug User Fee Act collections, of $1,673,441,000 

for the salaries and expenses of the Food and Drug Administration, 

instead of $1,668,249,000, as proposed by the House and 

$1,663,228,000, as proposed by the Senate, and provides specific 

amounts by FDA activity as reflected in the following table.

FOOD AND DRUG ADMINISTRATION, SALARIES AND EXPENSES 

[In thousands of dollars] 

Program Budget authority Prescription drug 

user fees 

Medical device user 

fees 

Animal drug user 

fees Total 

Foods ............................. 413,112 ............................ ............................ ............................ 413,112 

Human Drugs ................ 295,906 182,060 ............................ ............................ 477,966 

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FOOD AND DRUG ADMINISTRATION, SALARIES AND EXPENSES—Continued

[In thousands of dollars] 

Program Budget authority Prescription drug 

user fees 

Medical device user 

fees 

Animal drug user 

fees Total 

Biologics ........................ 123,539 38,271 7,619 ............................ 169,429 

Animal Drugs and Feeds 84,646 ............................ ............................ 4,750 89,396 

Medical Devices ............ 192,278 ............................ 17,142 ............................ 209,420 

Nat’l Center for Toxicological Research .... 39,887 ............................ ............................ ............................ 39,887 

Other Activities .............. 90,725 20,848 3,788 ............................ 115,361 

Rent and Rent-related 

Activities ................... 38,636 ............................ 640 ............................ 39,276 

Rental Payments to GSA 108,233 8,646 2,465 250 119,594

Total Recommendation 1,386,962 249,825 31,654 5,000 1,673,441 

The conference agreement also makes mammography user fees 

and export certification user fees available to the agency. 

Within the total funding for the Food and Drug Administration, the following increases above the fiscal year 2003 level are 

provided: $20,500,000 for counterterrorism and food safety activities; $8,000,000 to reduce review times and increase the number of 

generic drugs on the market; $4,000,000 for activities to support 

the Best Pharmaceuticals for Children Act; $3,000,000 for activities 

related to patient safety; $650,000 to improve FDA’s over the 

counter drug program; and $1,145,000 to continue implementation 

of the Unified Financial Management System. Amounts provided 

above the budget request include: $9,000,000 for increased medical 

device review; $600,000 for the Office of Women’s Health; $692,000 

for the CFSAN Adverse Events Reporting System; $150,000 for the 

Agricultural Products Food Safety Laboratory; and $500,000 for dietary supplements. 

The conference agreement includes language allowing for the 

collection and use of authorized user fees, and does not allow user 

fees collected in excess of the limitation to be credited to the various accounts and to remain available until expended. The conference agreement also allows for fees assessed prior to fiscal year 

2004 but credited during fiscal year 2004 to be added to the account. Language is included to release the requirement of Section 

521 of P.L. 107–188. 

The conference agreement includes $2,375,000 for relocation 

expenses related to the move of the Center for Drug Evaluation 

and Research offices to the consolidated White Oak campus. Carryover funds available in the Prescription Drug User Fee Account 

should fund the remaining amount needed for the relocation. 

The conferees are aware that language to authorize the Animal 

Drug User Fee Act has been passed by the House and Senate, but 

has not yet been signed into law. Therefore, the conferees have included language in the bill required for FDA to collect these fees, 

but prohibit FDA to begin collection until the authorization has 

been signed into law. The conference report provides funding of $21,607,000 for Bovine Spongiform Encephalopathy (BSE) prevention activities. 

The conference agreement recommendation includes a total of $9,445,000 for the Unified Financial Management System (UFMS), 

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an increase of $1,145,000. The conferees direct that, from this total 

amount, no less than $4,503,000 is to be invested in improvements 

to FDA’s legacy systems and is not to be used for UFMS contracts 

or global UFMS costs. The conferees provide $1,900,000 for the Agricultural Products Food Safety Laboratory, an increase of $150,000 over the fiscal 

year 2003 level, for FDA to continue its contract with New Mexico 

State University’s Physical Sciences Laboratory to operate the Food 

Technology Evaluation Laboratory, which conducts evaluation and 

development of rapid screening methodologies, technologies, and instrumentation; and to provide technology deployment modeling and 

data analysis for food safety and product safety in order to facilitate FDA’s regulations and responsibilities in food safety, product 

safety, homeland security, bioterrorism, and other initiatives. The conferees direct that no less than $13,270,000 be available 

for grants and contracts awarded under section 5 of the Orphan 

Drug Act. 

The conferees request that FDA report to the Committees on 

its oversight plan regarding the adequacy of current systems for 

the tracking of blood-derived products and patient notification of 

adverse events. 

The conferees are pleased that the FDA has published a rule 

articulating a transition strategy for removing chlorofluorocarbon 

(CFC) propelled medicines from the U.S. market. The conferees are 

aware that several patient and physician organizations which represent those who suffer from asthma and chronic obstructive pulmonary disease submitted a Citizen Petition to the FDA requesting 

that it take measures to remove albuterol from the list of essential 

uses for CFCs. The conferees encourage the FDA to respond to the 

petition request in a timely manner and, if appropriate, expeditiously implement a transition strategy as alternative non-CFC 

products enter the U.S. market. The conferees request a report 

from the agency on its course of action regarding this issue, including plans to assure adequate access to necessary medications, within 90 days of enactment. 

The conferees direct that no less than $53,750,000 of total 

funding appropriated for FDA be provided for the generic drugs 

program. 

The conferees direct that none of the funds made available to 

the Food and Drug Administration in this Act be used for any assessments or charges by the Department of Health and Human 

Services (DHHS) unless identified in the FDA budget justification 

and provided in this Act, or approved by the Committees through 

the reprogramming process. 

The conference agreement does not include language relating 

to human resources consolidation, as proposed by the House. The 

directive in the preceding paragraph includes that function, as well 

as all others subject to charges and assessments by DHHS. 

The conference agreement includes no less than $250,000 for 

research and education activities with the Interstate Shellfish 

Sanitation Commission (ISSC) to focus on efforts relating to Vibrio 

vulnificus. 

The conferees are concerned that FDA registration requirements for the licensed beverage industry under the Interim Final 

509

Rule published October 10, 2003, duplicate the requirements of registration at the Alcohol and Tobacco Tax and Trade Bureau (TTB) 

of the U.S. Department of the Treasury. The conferees direct FDA 

to report to the Committees within 60 days of enactment on the 

scope of duplication, a description of data required by FDA but not 

by TTB, the estimated cost of transferring TTB registration data 

into the FDA system, and the timeframe in which the transfer 

could be accomplished, to avoid duplication and unnecessary costs 

to the industry. 

The conferees are concerned that different Federal agencies 

have published information on the level of methyl mercury exposure that is considered safe for humans, which may be confusing 

to consumers. The conferees understand that in the last nine 

months, FDA and the Environmental Protection Agency have been 

working together to develop a single joint advisory that will contain 

advice about all types of fish (commercial and locally caught). The 

conferees expect FDA to provide a copy of the resulting draft joint 

advisory to the Committees by January 2, 2004. 

The conferees direct that no less than $250,000 be provided to 

process comments submitted in response to Docket No. 95N–0304 

published in the Federal Register on March 5, 2003 (68 FR 10417) 

and related activities. 

The conferees are aware that the Food and Drug Administration has issued a final rule regarding the labeling of dietary supplements containing ginseng (68 Fed. Reg. 167, August 28, 2003) and 

has indicated that the industry must be in compliance with this labeling rule. The conferees encourage FDA to ensure that this final 

rule is being fully enforced. 

The conferees are aware that on May 6, 2003, the FDA issued 

a draft guidance document on current good manufacturing practices for the medical gas industry, and that numerous comments 

were received on this draft prior to the deadline for public comments. The conferees expect the Agency to give consideration to 

each of these comments, and to respond to each comment accordingly. The conferees also encourage the FDA to undertake a riskbased and cost-benefit analysis before finalizing this document. 

The conferees direct that of the funding provided, no less than 

$10,900,000, an increase of $500,000 be made available for the regulation of dietary supplements. 

BUILDINGS AND FACILITIES

The conference agreement includes $7,000,000 for the repair 

and improvement of existing buildings and facilities, instead of 

$6,000,000 as proposed by the House and $7,948,000 as proposed 

by the Senate. 

INDEPENDENT AGENCIES 

COMMODITY FUTURES TRADING COMMISSION

The conference agreement provides $90,435,000 for the Commodity Futures Trading Commission, instead of $88,435,000 as 

proposed by both the House and Senate. 

510

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement includes a limitation of $40,900,000 

on administrative expenses of the Farm Credit Administration 

(FCA), as proposed by both the House and Senate. 

TITLE VII—GENERAL PROVISIONS 

Section 710.—The conference agreement limits indirect costs 

for competitive grants awarded by the Cooperative State Research, 

Education, and Extension Service to 20 percent. 

Section 722.—The conference agreement directs that no funding may be used to close or relocate a state RD office unless or 

until cost effectiveness and enhancement of program delivery have 

been determined. 

Section 723.—The conference agreement provides $3,000,000 

for Bill Emerson and Mickey Leland Hunger Fellowships. 

Section 724.—The conference agreement allows balances, recoveries, and reimbursements that are available to carry out title 

III of P.L. 480 to be made available to carry out title II. 

Section 725.—The conference agreement directs the Secretary 

to make commodity tonnage available, to the extent practicable, to 

assist foreign countries to mitigate the effects of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome. 

Section 726.—The conference agreement includes language regarding the National Sheep Industry Improvement Center revolving fund.

Section 727.—The conference agreement directs the Natural 

Resources Conservation Service to provide financial and technical 

assistance for certain projects in Arkansas, Alaska, Illinois, Utah, 

and Kansas. 

Section 728.—The conference agreement names certain locations that shall be considered to meet eligibility requirements for 

programs within the Rural Development mission area. 

Section 729.—The conference agreement directs the Natural 

Resources Conservation Service to provide financial and technical 

assistance for certain projects in Illinois and Kentucky and sets 

limits for that funding. 

Section 730.—The conference agreement includes language 

limiting transfers unless specifically provided for in an appropriation Act. 

Section 731.—The conference agreement includes a limitation 

regarding Food and Drug Administration offices in St. Louis, Missouri. 

Section 732.—The conference agreement allows unobligated 

balances within the Department of Agriculture to be used to reimburse the Office of the General Counsel for certain services provided. 

Section 733.—The conference agreement allows 20 percent of 

funds for competitive research grants to be used to carry out a competitive grants program under certain terms and conditions. 

Section 734.—The conference agreement includes language regarding dam rehabilitation. 

511

Section 735.—The conference agreement directs the Natural 

Resources Conservation Service to provide financial and technical 

assistance for the Upper Tygart Valley Watershed Project, and authorizes the Service to provide 100 percent of engineering assistance and 75 percent of the installation costs. 

Section 736.—The conference agreement includes language regarding the Rural Strategic Investment Program. 

Section 737.—The conference agreement includes language regarding rural firefighters and emergency personnel grants. 

Section 738.—The conference agreement includes language regarding studies done by the Agricultural Research Service. 

Section 739.—The conference agreement allows the Agricultural Marketing Service and the Grain Inspection, Packers and 

Stockyards Administration to purchase interest-bearing investments without posting them as obligations if they are insured or 

collateralized. 

Section 740.—The conference agreement provides up to 

$10,000,000 for costs associated with the distribution of commodities under the Food Stamp Act of 1977. 

Section 741.—The conference agreement includes language regarding the Wetlands Reserve Program. 

Section 742.—The conference agreement prohibits funds in excess of $20,000,000 that have been appropriated in fiscal year 2004 

or prior years, as authorized under the Agricultural Trade Development and Assistance Act of 1954, to be used to reimburse the Commodity Credit Corporation for the release of eligible commodities 

under the Bill Emerson Humanitarian Trust Act. 

Section 743.—The conference agreement includes language regarding the Environmental Quality Incentives Program. 

Section 744.—The conference agreement directs the Natural 

Resources Conservation Service to provide financial and technical 

assistance to the Dry Creek project, Utah. 

Section 745.—The conference agreement provides the Secretary 

of Agriculture with authority to authorize employees of the Department to carry and use firearms for personal protection while conducting field work in remote locations. 

Section 746.—The conference report includes language regarding the renewable energy program. 

Section 747.—The conference report includes language regarding the broadband telecommunications program. 

Section 748.—The conference report includes language regarding value-added market development grants. 

Section 749.—The conference report includes language regarding country-of-origin labeling. 

Section 750.—The conference report includes a provision regarding rural electric subsidy costs. 

Section 751.—The conference report includes a rescission of unobligated balances in the Alternative Agricultural Research and 

Commercialization Revolving Fund. 

Section 752.—The conference report includes language regarding the Conservation Security Program. 

Section 753.—The conference report includes language regarding the ground and surface water conservation program. 

512

Section 754.—The conference report includes language regarding the Wildlife Habitat Incentive Program. 

Section 755.—The conference report includes language regarding the Farmland Protection Program.

Section 756.—The conference report includes $15,000,000 in 

assistance for certain tree losses. 

Section 757.—The conference report includes $1,500,000 for the 

Northern Great Plains Regional Authority and stipulates that the 

Federal cost share is 100 percent. 

Section 758.—The conference report includes a directive on a 

reporting requirement related to trade development and assistance. 

Section 759.—The conference agreement includes language regarding rural business investment subsidies. 

Section 760.—The conference agreement includes language regarding travel card use. 

The conferees are aware of the audit conducted by the USDA 

Office of the Inspector General (OIG) of the departmental travel 

card program, which uncovered problems such as fraud, abusive 

ATM usage, ‘‘bounced’’ check payments, and lack of specific travel 

card policies and penalties. USDA recently made efforts to limit 

abusive practices by attempting to reduce the number of credit card 

holders, issuing revised departmental regulations, and instituting a 

new system of alerts to catch abusive transactions. 

The conferees commend the Secretary for moving forward to 

begin to address the problems with official credit and travel cards, 

and urge the Secretary to continue work on this problem. The conferees have retained the House-passed language as a reminder to 

the Department and will continue to monitor the Department’s remedial activities. If it is necessary, the conferees will consider a 

statutory remedy during the fiscal year 2005 process. 

Section 761.—The conference agreement includes a provision 

regarding cost-sharing requirements for animal and plant health 

emergency programs of the Animal and Plant Health Inspection 

Service. 

Section 762.—The conference agreement authorizes use of 

USDA available discretionary funds for activities relating to discrimination complaints. 

Section 763.—The conference agreement includes a provision 

regarding eligibility for housing assistance in Alaska. 

Section 764.—The conference agreement provides $1,000,000 to 

the Denali Commission to address deficiencies in solid waste disposal sites. 

Section 765.—The conference agreement directs that the cities 

of Vicksburg and Starkville, Mississippi, and Aberdeen, South Dakota, meet the requirements of a rural area as set in section 520 

of the Housing Act until receipt of the decennial Census for 2010. 

Section 766.—The conference agreement makes the cities of 

Berlin, New Hampshire, and Guymon, Shawnee, and Altus, Oklahoma, eligible for loans and grants provided through the Rural 

Community Advancement Program until receipt of the decennial 

Census for 2010. 

Section 767.—The conference agreement includes language regarding competitive outsourcing. 

513

Section 768.—The conference agreement amends the Housing 

Act of 1949 relating to adjusted income. 

Section 769.—The conference agreement includes language relating to Agricultural Management Assistance. The conferees direct 

the Secretary to use not less than $3,000,000 of the funding available under this Section to the Risk Management Agency to fund 

additional crop insurance cost share assistance programs in states 

which have operated a state-funded crop insurance premium assistance program for crop years 2001, 2002. 

Section 770.—The conference agreement includes a permanent 

limitation regarding sale or export of tobacco or tobacco products 

through the Foreign Agricultural Service. 

Section 771.—The conference agreement includes a provision to 

maintain the benefit level for Food Stamp recipients in Alaska and 

Hawaii at the fiscal year 2003 level.

Section 772.—The conference agreement includes a provision 

defining ‘‘rural eligible community’’ in the Rural Electrification Act 

of 1936. 

Section 773.—The conference agreement includes a provision 

relating to eligibility of rural areas in Hawaii for programs in the 

Rural Development Mission Area. 

Section 774.—The conference agreement includes a provision 

relating to mortgage-backed securities. 

Section 775.—The conference agreement includes a provision 

giving the Secretary of Agriculture the authority to allow Community Facility Program borrowers to enter into contracts with third 

parties for necessary services. 

Section 776.—The conference agreement gives the Secretary of 

Agriculture the authority to enter into cooperative agreements to 

lease aircraft. 

Section 777.—The conference agreement amends language in 

the Agricultural Assistance Act of 2003 regarding citrus canker assistance. 

Section 778.—The conference agreement includes language regarding a Sun Grant Research Initiative. 

Section 779.—The conference agreement includes language allowing use of unobligated balances in certain accounts within the 

Rural Utilities Service for the purposes of section 315 of the Rural 

Electrification Act of 1936. 

Section 780.—The conference agreement includes language regarding price supports for nonfat dry milk and butter. 

Section 781.—The conference agreement authorizes the Secretary to make funding and other assistance available through the 

emergency watershed protection program for damage to non-Federal lands due to fires initiated by the Federal Government, and 

waives cost sharing requirements. 

Section 782.—The conference agreement authorizes the Secretary to waive requirements regarding small and emerging rural 

business under the Rural Business Enterprise Grant program for 

the Oakridge Oregon Industrial Park. 

Section 783.—The conference agreement makes the Alaska Department of Community and Economic Development eligible for a 

water and waste disposal grant that funds not more than 75 perVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00517 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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cent of the cost of the project, and permits the grant to pass 

through to the local government. 

Section 784.—Language is included regarding eligibility for the 

Conservation Reserve Program for land planted in hardwood trees, 

and previously enrolled in the program, to remain enrolled. 

Section 785.—The conference agreement makes the city of 

Postville, Iowa, eligible for a water and waste disposal grant that 

funds not more than 75 percent of the cost of the project. 

Section 786.—The conferees include a limitation on funding for 

the Natural Resources Conservation Service related to a reorganization of regional conservationists and/or regional offices. 

Section 787.—The conference agreement includes a rescission 

from the unobligated balance of the field automation and information management project for the Food Safety and Inspection Service. 

Section 788.—The conference agreement includes a citation 

change to make funds available for international science and education grants. 

Section 789.—The conference report includes language regarding the eligibility of Great Falls, Montana, for certain loans. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2004 recommended by the Committee of Conference, with comparisons to the fiscal year 2003 amount, the 2004 budget estimates, 

and the House and Senate bills for 2004 follows:

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2003 ........................ $74,752,926

Budget estimates of new (obligational) authority fiscal year 2004 ... 77,561,060

House bill, fiscal year 2004 ................................................................... 77,386,274

Senate bill, fiscal year 2004 .................................................................. 79,602,414

Conference agreement, fiscal year 2004 .............................................. 80,632,273

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2003 ................ +5,879,347

Budget estimates of new (obligational) authority, fiscal year 

2004 .............................................................................................. +3,071,213 

House bill, fiscal year 2004 ............................................................ +3,245,999

Senate bill, fiscal year 2004 ........................................................... +1,029,859

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

TITLE I—DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

SALARIES AND EXPENSES

The conferees recommend a total of $106,687,000 for General 

Administration, Salaries and Expenses, instead of $106,664,000 as 

proposed by the House and $116,171,000 as proposed by the Senate. 

The conferees note that during fiscal year 2003, the Justice Department announced a number of new initiatives without consulting Congress, including creation of the Terrorist Threat Integration Center, the Terrorist Screening Center, and the Anti-TerVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00518 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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rorism Advisory Councils. These follow the proliferation of task 

forces, a massive and evolving reorganization of the Federal Bureau of Investigation, and various database initiatives in the previous fiscal year. No legislative proposals have been submitted to 

establish any of these entities; it is unclear what the long term 

funding needs associated with each of these will be; and most importantly, it is unclear what the overarching strategy is to reconcile 

each of these entities within the current structure of the Justice 

Department and blend them with other Federal law enforcement 

entities outside the Justice Department to ensure that law enforcement at all levels has the tools to effectively combat terrorism and 

protect citizens from traditional crimes. The conferees remain supportive of the Justice Department, and toward that end direct the 

Justice Department to submit with the fiscal year 2005 budget a 

rationalization of these various efforts with the goal of consolidating efforts to ensure that Federal law enforcement enhances its 

ability to prevent terrorist attacks and fight traditional crime. 

The conference agreement adopts by reference House and Senate language providing an increase of $7,000,000 for the highest 

priority activities of the Chief Information Officer (CIO), as well as 

House language regarding a report on all existing and planned information technology sharing projects, and review and coordination 

of Justice Department information technology initiatives. The conferees will consider a reprogramming for information technology 

projects should additional funds be necessary. The conferees remain concerned with the proliferation of database initiatives and 

direct the Justice CIO to provide quarterly briefings. The conferees 

request the Justice CIO to submit a prioritized list of information 

technology projects to the Committees on Appropriations with the 

FY 2005 budget submission. 

The conference agreement adopts by reference Senate language 

regarding funding for RFK building security needs. The conferees 

adopt by reference House language regarding corporate fraud and 

Native American gambling. 

The conferees adopt by reference House language regarding 

the creation of a position to oversee Department of Justice activities with regard to civil rights. The conferees expect this position 

to be filled by a senior career official with specific knowledge and 

experience in civil rights. The conferees adopt by reference House 

language regarding posthumous award of Public Safety Officers 

Medal of Valor to the 414 public safety officers who perished on 

September 11, 2001. The conferees adopt by reference House language regarding a comprehensive review of all training programs 

for State and local law enforcement. 

The conferees adopt by reference House and Senate language 

regarding the Justice Department’s core financial management system and direct the Department to consider a cross-servicing arrangement with another Federal agency to provide these services 

rather than building a system of its own. A study of such a crossservicing option and other options shall be submitted by March 1, 

2004. The conferees will consider a reprogramming for these activities as necessary. The conferees adopt by reference House language 

regarding locks. 

516

The conference agreement adopts by reference Senate language 

regarding quarterly briefings from the Office of Intelligence Policy 

and Review. The conferees do not adopt Senate report language regarding a study to consolidate Justice Department facilities out of 

the Washington, DC metropolitan area, but direct the Justice Department to submit a long-term plan for its facilities no later than 

June 15, 2004. The conferees do not include Senate language regarding transfer of the U.S. Marshals seized assets management 

program to General Administration. 

The conferees direct the Justice Department to develop Memoranda of Understanding with the Department of Homeland Security and other appropriate Federal agencies regarding continued integration of fingerprint systems, automated booking capabilities, 

detention bed space needs, and transportation of prisoners. 

The conference agreement modifies bill language proposed by 

both the House and the Senate regarding legislative affairs positions and workyears and associated funding levels. 

JOINT AUTOMATED BOOKING SYSTEM

The conference agreement includes $19,176,000 for the continued operation of the Joint Automated Booking System (JABS), instead of $15,577,000 as proposed by the House and $23,176,000 as 

proposed by the Senate. The conference agreement adopts by reference Senate language regarding an increase of $3,200,000 for the 

deployment of JABS to the Bureau of Alcohol, Tobacco, Firearms 

and Explosives. The conferees direct the Justice Department to 

submit a proposal with the fiscal year 2005 budget to fund JABS 

out of the Assets Forfeiture Fund, if appropriate. The conferees 

adopt by reference House language regarding collaboration with 

other Federal law enforcement entities outside the Justice Department, and Senate language regarding a cost sharing fee proposal. 

INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM

The conference agreement includes $5,100,000 for the planning, development, and deployment of an integrated fingerprint 

identification system. The House provided funding for these activities under the Identification Systems Integration account; the Senate did not fund this activity. The conferees adopt by reference 

House language regarding continued collaboration on integrating 

fingerprint systems. The Department is directed to consult with the 

Committees on Appropriations regarding the status of this program. 

LEGAL ACTIVITIES OFFICE AUTOMATION

The conferees recommend $27,034,000 for Legal Activities Office Automation instead of $30,136,000 as proposed by the House 

and $66,240,000 as proposed by the Senate. The conference agreement adopts by reference House language regarding the Bureau of 

Prisons and the Office of Justice Programs, and Senate language 

regarding the U.S. Parole Commission. The conferees are willing to 

entertain a reprogramming from available balances should additional funds be necessary for continued deployment of this system. 

The conference agreement adopts by reference House language reVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00520 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
517

garding costs and implementation milestones to complete convergence of these additional components onto the LAOA system. This 

report should include an expected final implementation date, and 

estimates for ongoing operations and maintenance costs for all components of the system. 

NARROWBAND COMMUNICATIONS

The conference agreement includes $103,171,000 for 

Narrowband Communications as proposed by the House and the 

Senate. The conferees recognize that the Justice Wireless Management Office (WMO) has developed a plan to deploy interoperable 

radios to high priority locations as part of its overall plan to upgrade Federal law enforcement radio communications for the nation. The WMO may use available funding to augment state and 

local law enforcement interoperable radio communication systems 

as long as that equipment is necessary for the achievement of the 

overall WMO Federal radio interoperability plan. The conferees direct the WMO to consult with the Committees on Appropriations 

regarding this effort prior to obligating any funds. The conferees 

adopt by reference House language regarding funding that will be 

available to the Justice Department and direction to revise program requirements. The conferees also adopt by reference House 

language regarding submission of status reports as directed in Public Law 106–553, to include an operational plan for expenditure of 

funds. The conferees also direct the WMO to submit reports to the 

Committees on Appropriations regarding the ongoing pilots, deployment to high priority locations, and collaboration with other nonJustice Federal law enforcement agencies. 

The conferees adopt by reference House language regarding 

emphasis on interoperable radios, and Project Safecom. The conferees do not include Senate language regarding a spending plan. 

The conferees include House bill language regarding transfer of 

radio funds from Justice law enforcement accounts to this account. 

COUNTERTERRORISM FUND

The conference agreement includes $1,000,000 for the 

Counterterrorism Fund as proposed by the House. The Senate did 

not fund this program. When combined with $20,000,000 in unobligated balances available in this account, a total of $21,000,000 will 

be available for obligation for fiscal year 2004 to cover unanticipated, extraordinary expenses as a result of a terrorist threat or incident. 

ADMINISTRATIVE REVIEW AND APPEALS

The conference agreement includes $193,530,000 for Administrative Review and Appeals as proposed by the House instead of 

$194,111,000 as proposed by the Senate. The conferees adopt by 

reference Senate report language regarding submission of a report 

on the impacts of the Bureau of Immigration Appeals streamlining 

initiative on the Civil Division. 

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DETENTION TRUSTEE

The conference agreement includes $814,097,000 for the Detention Trustee instead of $810,125,000 as proposed by the House and 

instead of $849,876,000 as proposed by the Senate. The conferees 

adopt by reference House language regarding creation of a task 

force to better forecast detention needs; development of a Memorandum of Understanding with the Department of Homeland Security for their detention needs; and Senate language prioritizing extraditions. The conference agreement does not include Senate language regarding transfer of U.S. Marshals Service or Bureau of 

Prisons staff, or the Justice Prisoner and Alien Transportation System to the Detention Trustee. The conference agreement adopts by 

reference House and Senate language admonishing the Detention 

Trustee for attempting to address detention needs by contracting to 

construct a facility. The conferees underscore that any constructing, planning, supporting or contracting of new detention facilities is not an allowable use of funds provided under this account 

and directs the Detention Trustee to withdraw any solicitations for 

such activities. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $60,840,000 for the Office 

of Inspector General as proposed by the Senate instead of 

$56,245,000 as proposed by the House. The conferees adopt by reference House language regarding Department of Justice efforts to 

implement recommendations from the report on September 11th 

detainees. 

UNITED STATES PAROLE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $10,609,000 for the United 

States Parole Commission as proposed by the House instead of 

$10,718,000 as proposed by the Senate. The conferees adopt by reference House language regarding a study required under Public 

Law 107–273. The conferees adopt by reference Senate language 

regarding a report on the number of personnel detailed from the 

Department of Justice to the Commission. 

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The conference agreement includes $620,533,000 for General Legal Activities as proposed by the House instead of $632,637,000 

as proposed by the Senate. The distribution of funding provided is 

as follows:

General legal activities 

[In thousands of dollars] 

2004 appropriation 

Office of the Solicitor General .............................................................. $7,973 

Tax Division ........................................................................................... 77,141 

Criminal Division ................................................................................... 133,636 

Civil Division .......................................................................................... 199,665 

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2004 appropriation 

Environment and Natural Resources Division .................................... 76,556 

Office of Legal Counsel .......................................................................... 5,679 

Civil Rights Division ............................................................................. 110,000 

Interpol USNCB ..................................................................................... 9,524 

Office of Dispute Resolution ................................................................. 359 

Total ............................................................................................. $620,533

The conferees remind the legal divisions that changes to these 

funding levels are subject to section 605 requirements in this Act. 

The conferees adopt by reference House language regarding 

submission of a report to the Committees on Appropriations regarding efforts of the Criminal Division to prosecute corporate corruption. The conferees note that the Congress provided the U.S. Attorneys with an increase of $13,000,000 in the fiscal year 2003 appropriations act to aggressively prosecute corporate corruption. If 

additional funding is needed for these activities, the Committees on 

Appropriations will consider a reprogramming. 

The conferees adopt by reference House funding levels for the 

Civil Division, including an increase of $2,671,000 for needs associated with immigration-related litigation. The conferees adopt by 

reference Senate language regarding cooperation between the Bureau of Immigration Appeals (BIA) and the Civil Division. 

The conferees note that the Congress provided the Civil Division with $15,000,000 in Public Law 108–106 for needs associated 

with processing claims filed with the Special Master. The conferees 

adopt by reference House language regarding the September 11th 

Victims Compensation Fund. The conferees adopt by reference the 

$1,000,000 increase proposed by the House and the Senate and 

House language regarding absorption of additional requirements 

for processing RECA claims. The conference agreement adopts by 

reference House language regarding the provision of additional resources to the Civil Division, if emergent circumstances warrant, 

through transfers of funds from other Department of Justice 

sources, subject to the requirements of section 605 of this Act. The 

conferees expect the Justice Department to submit a reprogramming for costs associated with continuing tobacco and other litigation activities, should funding be warranted. The conference agreement also includes a transfer of $3,060,000 from the Working Capital Fund to the Environment and Natural Resources Division for 

Tribal Trust Fund litigation. 

The conferees adopt by reference House language regarding efforts to combat trafficking in persons and enhanced coordination 

with State and local law enforcement. The conference agreement 

adopts by reference House funding levels for Interpol and House 

language regarding submission of a report on Interpol accomplishments and coordination with State, local, and Federal law enforcement.

THE NATIONAL CHILDHOOD VACCINE INJURY ACT

The conference agreement includes a reimbursement of 

$4,028,000 for fiscal year 2004 from the Vaccine Injury Compensation Trust Fund to the Department of Justice, as proposed by the 

House and the Senate. 

520

SALARIES AND EXPENSES, ANTITRUST DIVISION

The conference agreement includes $133,133,000 for the Antitrust Division, instead of $128,133,000 as provided by the House 

and $141,898,000 as provided by the Senate. 

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The conference agreement includes $1,526,253,000 for the U.S. 

Attorneys as proposed by the House instead of $1,507,879,000 as 

proposed by the Senate. The conferees adopt by reference House 

language regarding cybercrime and intellectual property enforcement, and submission of a report regarding the number, type, and 

location of copyright prosecutions undertaken in the preceding 

year. The conferees adopt by reference House language regarding 

consolidation of the U.S. Attorneys Task Forces with the Joint Terrorism Task Forces. 

Of the amounts made available to the U.S. Attorneys, 

$6,898,000 shall be available for Project Seahawk instead of 

$10,000,000 as proposed by the Senate to address criminal activity 

that may compromise or impede the movement of intermodal traffic 

within the U.S. Project Seahawk shall continue to be coordinated 

under the U.S. Attorneys and include Federal, State, and local law 

enforcement. The House did not fund this activity. In addition to 

the amounts available in this account, an additional $15,000,000 is 

provided elsewhere in this title. The conferees do not adopt Senate 

language regarding expansion of this initiative. 

The conferees adopt by reference Senate language including 

$1,500,000 for Operation Streetsweeper and $19,023,000 for legal 

education and distance learning at the National Advocacy Center. 

The conferees do not adopt Senate language regarding submission 

of a report on rates of prosecution, but instead direct the Justice 

Department to brief the Committees on Appropriations on this 

issue. 

The conferees adopt by reference House and Senate language 

regarding cybercrime and intellectual property enforcement. 

UNITED STATES TRUSTEE SYSTEM FUND

The conference agreement includes $166,157,000 as provided 

by the House instead of $170,168,000 as provided by the Senate. 

In addition, the Trustees may use unobligated balances from prior 

year appropriations to fund additional base and information technology costs, if necessary. The conferees support the requested information technology enhancement and expect the Trustees to fund 

the request to the maximum extent feasible. The conference agreement includes $1,000,000 for the Bankruptcy Training Center at 

the National Advocacy Center in support of the Trustees’ continuing education program. 

SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

The conference agreement includes $1,206,000 for the Foreign 

Claims Settlement Commission instead of $1,205,000 as proposed 

by the House and $1,207,000 as proposed by the Senate. The conferees adopt by reference House language regarding a report on the 

521

number of claims adjudicated on behalf of U.S. nationals against 

foreign governments. 

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

The conference agreement includes $719,777,000 for the U.S. Marshals Service (USMS), instead of $678,672,000 as provided by 

the House and $602,274,000 as provided by the Senate. The conference agreement includes funding for the Witness Security program as provided by the House. The conference agreement provides 

funding for the D.C. Superior Court and fugitive apprehension task 

forces under this heading as proposed by the Senate instead of 

under the Office of Justice Programs as proposed by the House. 

The conference agreement does not transfer funding for the Justice 

Prisoner and Alien Transportation System to the Office of Detention Trustee or transfer the seized assets management responsibilities to the Justice Management Division as proposed by the Senate 

but directs the Department of Justice to submit a report on the potential impact of such transfers to the Committees on Appropriations not later than March 15, 2004. The conference agreement provides funding for USMS construction under a separate heading, as 

proposed by the Senate. The conference agreement includes the 

base reductions and crosscutting efficiencies included in the budget 

request and the House report and the funding level provided in the 

House report for hand/leg cuffs and vehicles. 

Courthouse Security Equipment.—The conference agreement 

includes $13,394,000 for courthouse security equipment to be allocated to the USMS’s highest priority needs. The USMS is directed 

to report to the Committees on Appropriations within 30 days of 

enactment of this Act on the allocation of this funding. The conferees expect future budget requests to provide an appropriate level 

of funding to address the courthouse security equipment needs of 

the USMS. 

Fugitive Apprehensions.—The conference agreement includes $11,476,000 for all costs related to the regional task forces located 

in New York City, Los Angeles, Chicago, and Atlanta. Of that 

amount, $2,000,000 shall be for a new regional task force in the 

District of Columbia metropolitan area and $300,000 shall be for 

a task force in Billings, Montana. 

These regional fugitive task forces [RFTFs] are full time initiatives, not ad hoc activities and shall answer only to headquarters, 

not the districts, as is already the case with the New York City and 

Los Angeles task forces. The USMS is directed to report to the 

Committees on Appropriations not later than April 30, 2004, on the 

accomplishments recorded by the RFTFs and to make recommendations based on workload projections on whether and where additional RFTFs should be created. 

The conferees are concerned with the apparent duplication of 

fugitive apprehension capabilities among Federal law enforcement 

agencies. The conferees direct that the Department of Justice submit a comprehensive report to the Committees on Appropriations 

within 45 days of enactment of this Act describing all Department 

of Justice fugitive apprehension activities and identifying opportunities to consolidate these activities under the one agency that is 

best trained and equipped for fugitive apprehension. The conferees 

522

hope to improve the Department’s fugitive apprehension capabilities and more efficiently utilize Federal law enforcement resources. In addition, the conference agreement includes $8,451,000 for 

all costs related to the electronic surveillance unit. 

International fugitives.—The conference agreement includes $3,016,000 for all costs related to the USMS international offices 

in Jamaica, the Dominican Republic, and Mexico. 

Special Operations Group.—The conference agreement includes $1,473,000 for training and equipment for the Special Operations 

Group. The USMS shall submit a spending plan for such funds to 

the Committees on Appropriations not later than January 15, 2004. 

Protection of the Judicial Process.—The conference agreement includes $10,738,000 for 100 new positions to address shortfalls in 

the protection of the judicial process. These positions are to be allocated to those districts with the highest priority needs. 

CONSTRUCTION

The conference agreement includes $14,066,000 for this account instead of no funding as proposed by the House and 

$25,964,000 as proposed by the Senate. These funds shall be allocated to the USMS’s highest priority construction needs. The 

USMS is directed to report to the Committees on Appropriations 

within 30 days of enactment of this Act on the allocation of funding 

for this program. The conferees expect future budget requests to 

provide an appropriate level of funding to address the construction 

needs of the USMS. 

FEES AND EXPENSES OF WITNESSES

The conference agreement includes $156,145,000 for Fees and 

Expenses of Witnesses as proposed by the House and the Senate. 

The conference agreement includes new bill language regarding additional funding for protected witness safesites. 

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE

The conference agreement includes $9,526,000 for the Community Relations Service as proposed by both the House and the Senate. The conference agreement adopts by reference House and Senate language providing that the Attorney General may transfer, 

subject to section 605 reprogramming requirements, up to 

$1,000,000 to this program from balances available to the Department of Justice upon a determination that emergent circumstances 

warrant additional funding. 

ASSETS FORFEITURE FUND

The conference agreement includes $21,759,000 for the Assets Forfeiture Fund as proposed by the House instead of $22,949,000 

proposed by the Senate. 

FEDERAL BUREAU OF INVESTIGATION

The conference agreement includes a total of $4,639,569,000 

for the Federal Bureau of Investigation (FBI) as proposed by the 

House instead of $3,930,780,000 as proposed by the Senate. Of this 

amount, not less than $490,104,000 as proposed by both the House 

523

and the Senate shall be used for counterterrorism investigations, 

foreign counterintelligence, and other activities related to national 

security.

Strategic Growth.—Since the terrorist attacks on September 

11th, 2001, the FBI has shifted its main focus from investigating 

crimes to preventing acts of terrorism. Inherent in this transformation is a greater emphasis on collection, management, and 

analysis of data and intelligence, and greater collaboration across 

all levels of law enforcement. The urgency to prevent acts of terrorism has required the infusion of substantial resources, with the 

FBI growing by over 50 percent in just three years. The conferees 

believe the FBI should thoughtfully absorb this massive infusion of 

personnel and capital through strategic long-term decisions, and 

therefore direct the FBI to submit a five year plan to the Committees on Appropriations not later than March 15, 2004, detailing the 

FBI’s plan to succeed at its terrorism prevention and law enforcement responsibilities, including proposed agent and support personnel levels for each division. This review should also include long 

term capital improvement and infrastructure plans, training needs, 

and a review of current and future information technology programs to ensure that the FBI can better leverage technology. 

SALARIES AND EXPENSES

The conference agreement includes $4,566,798,000 for the Federal Bureau of Investigation salaries and expenses account instead 

of $4,576,730,000 as proposed by the House and $3,885,989,000 as 

proposed by the Senate. The conferees adopt by reference House 

language on resource allocations within the FBI and bi-annual submission of the Time Utilization and Record Keeping report. The 

conferees adopt by reference House language regarding reprogramming requirements in section 605 of this Act.

FBI SALARIES AND EXPENSES 

[Dollars in thousands] 

Activity POS FTE Amount 

Criminal, Security and Other Investigations: 

Organized Crime Enterprises .......................................................... 3,145 2,995 $440,750 

White Collar Crime ................................................................. 4,204 4,066 545,495 

Other Field Programs ............................................................. 13,451 12,462 1,916,533

Subtotal, Criminal, Security and Other Investigations ..... 20,800 19,523 2,902,778

Law Enforcement Support: 

Training and Recruitment ...................................................... 942 917 153,724 

Forensic Services ................................................................... 749 725 179,623 

Information Technology .......................................................... 396 383 252,578 

Technical Field Support and Services ................................... 772 727 483,074 

Criminal Justice Services ....................................................... 1,871 1,882 209,924

Subtotal, Law Enforcement Support ................................. 4,730 4,634 1,278,923

Program Direction and Administration ........................................... 2,700 2,604 385,097

Total, Direct Appropriations .............................................. 28,230 26,761 4,566,798 

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The conferees remind the FBI that any changes to this distribution are subject to the reprogramming requirements in section 

605 of this Act. 

Counterterrorism and Counterintelligence.—The conference 

agreement includes increases of $212,269,000, 1,665 positions and 

831 workyears to enhance ongoing counterterrorism and counterintelligence activities. Of this amount, the conferees adopt by reference House and Senate increases of $6,548,000 for joint terrorism 

task forces; $14,603,000, 214 positions and 107 workyears for 

counterterrorism analytical support, and $28,046,000, 248 positions 

and 124 workyears for counterterrorism field investigations; and 

$29,985,000, 47 positions and 24 workyears for STAU operations. 

In addition, the conferees adopt by reference House funding increases of $31,391,000 for counterterrorism program management; 

$4,600,000 for communications applications; $33,087,000 for expansions in the Legal Attache ́ program; and House increases for counterintelligence and computer intrusion programs. The Committees 

on Appropriations are concerned that additional resources and staff 

provided for the Legal Attache ́ program are not being implemented 

as expeditiously as possible, and direct the FBI to consult with the 

Committees on Appropriations regarding this program. The conferees adopt by reference House and Senate language regarding a 

right-sizing review of the Legats. The conferees also provide language regarding increases in representational allowances. 

Cyber Capabilities.—The conferees adopt by reference House 

language regarding a review by the Executive Assistant Director 

for Administration of information technology products and activities of the cyber division. 

Hazardous Devices School.—The conferees are aware of the 

concerns of the FBI regarding the transfer of the Hazardous Devices School to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The conferees point out that the vast majority of explosions (more than 95 percent) occurring in the United States are 

not related to terrorism and are usually investigated and prosecuted at the State and local level. However, the conferees are willing to accept a proposal from the Department of Justice to merge 

and rationalize overlap for explosives training between the ATF, 

the FBI, and other law enforcement entities in the Justice Department. Toward that end, the conferees direct the Justice Department to submit, as part of its fiscal year 2005 budget submission, 

a proposal to better blend and eliminate duplication of explosives 

training and other law enforcement programs at the Department of 

Justice. 

Organized Crime Enterprises.—The conference agreement includes increases of $33,943,000 for criminal investigations and 

white collar crime investigations. Of this, the conferees adopt by 

reference House and Senate increases of $14,603,000, 214 positions 

and 107 workyears for criminal investigative analytical support, 

and increases of $10,000,000 for corporate fraud investigations and 

$10,000,000 for other priority criminal investigations as recommended by the House. The conferees adopt by reference House 

language regarding investigations that cross jurisdictions and 

House language regarding submission of a report on corporate corruption. 

525

Training.—The conferees adopt by reference House and Senate increases of $14,027,000 for counterterrorism training, and the 

House increase of $5,000,000 for intelligence analysis training. The 

conferees adopt by reference House language regarding the College 

of Analytical Studies at Quantico, as well as the continuing education program for senior FBI agents and support staff and consultation with the Navy, as appropriate, regarding their advanced 

training programs. The conferees adopt by reference House language regarding concern about the language program. The FBI 

shall provide quarterly briefings to the Committees on Appropriations regarding the language program beginning March 2004. The 

conference agreement also includes an increase of $2,692,000 included by the House for nuclear DNA services, and increases of 

$1,000,000 for protocol training and $591,000 for the foreign convicted offender program as proposed by the Senate. The conferees 

adopt by reference House language regarding lapses in the FBI 

Laboratory DNA Analysis program, and direct the FBI to ensure 

that additional training and safeguards are implemented to ensure 

that analysis performed at the new lab is unquestionable. 

Field Support for Information Management and Lead Management.—The conferees adopt by reference House increases of $4,977,000, 100 positions and 50 workyears for field clerical support, to be distributed to the highest priority locations. 

FBI Reorganization.—The conference agreement adopts by reference House language regarding the FBI reorganization. The conferees adopt by reference House language regarding standardization and rationalization of FBI training programs. 

The conferees also adopt by reference House and Senate language regarding a review of response capabilities. 

Aviation assets.—The conferees are aware that the FBI aviation program has sought additional air assets. The conferees remind the FBI that it has previously been directed to provide a comprehensive needs assessment of the aviation program. The Committees on Appropriations will entertain funding increases for these 

programs in the context of a regular budget submission and priorities established by the Director, and pending an analysis of the existing aviation program. 

The conferees adopt by reference House language regarding 

submission of an assessment of mobile command centers and the 

VITAL program. 

Information Technology.—The Congress has provided the FBI 

with nearly $595,000,000 for Trilogy, some $216,000,000 more than 

the original cost estimate, to both speed implementation and enhance the overall capabilities of the program. The Committees on 

Appropriations are concerned that the basic software needed to operate the Virtual Case File is not ready to be deployed, causing another slip in schedule. The conferees stress the importance of deploying this program as expeditiously as possible, and direct the 

Trilogy Program Manager and Department of Justice CIO to continue to provide regular briefings on Trilogy in addition to providing the quarterly written reports. The conference agreement 

adopts by reference House and Senate funding increases of 

$92,736,000 for refreshment needs, operations and maintenance. 

The conferees also adopt by reference House language regarding 

526

submission of a review of the FBI’s databases, with the goal of removing applications that have outlived their usefulness. The conferees adopt by reference House language regarding submission of 

a comprehensive information technology report, to include a complete list of all information technology projects; the stage of each 

project’s development and deployment; base funding for each 

project, to include all sources of funding; and the outyear cost projections for each project, including recurring requirements for operations and maintenance. The conferees also adopt by reference 

House language regarding submission of a report on Operation 

Gateway. 

Technical Field Support.—The conference agreement adopts by reference House and Senate funding increases of $9,542,000 for 

physical surveillance programs; $18,040,000 for computer assisted 

teams and the regional computer forensic labs; $14,984,000 for the 

crisis response unit; and $2,000,000 for the defensive programs 

unit. In addition, the conference agreement includes the following 

increases to properly recur funding for critical programs as proposed by the Senate: $2,680,000 for computer intrusion activities; 

$6,266,000 for aviation support; $10,000,000 for training; and 

$2,500,000 for mitochrondrial DNA programs. 

Criminal Justice Information System (CJIS).—The conference 

agreement includes $357,000,000, including fee collections, for 

CJIS, and adopts Senate language prohibiting the diversion of the 

CJIS user fee for any purpose other than CJIS, its refreshment 

plan, or a subsequent modernization plan for the current facility. 

Security Programs.—The conferees adopt by reference House and Senate funding levels of $5,050,000 for background investigations; $1,405,000 for the National Security Law Unit; and 

$6,419,000 to expand polygraph tests; and House funding levels of 

$6,888,000 for technical and physical security and $15,821,000 for 

police force and guard services. The conferees also include 

$10,000,000 for records management activities.

Trafficking.—The conferees adopt by reference House language 

regarding efforts to combat human trafficking. 

FBI Tour.—The conferees adopt by reference House language 

regarding the FBI tour. 

In addition to the amounts provided in this act, the conference 

agreement also approves of the following increases from funding 

provided to the FBI in Public Law 108–11:

FY 2003 Emergency Wartime Supplemental Appropriations Act, P.L. 108–11

Activity Conf 

Terrorist Screening Center ................................................................... 5,000

Rapid Deployment ................................................................................. 850

HRT/SWAT/WMD response capabilities .............................................. 6,127

Response Capabilities ............................................................................ 32,717

CT Program Mgmt ................................................................................. 14,192

CT Field Investigations ......................................................................... 56,505

NSLU ...................................................................................................... 5,035

Operational Field Expenses .................................................................. 18,999

Language Translation ........................................................................... 40,000

Surveillance Support ............................................................................. 13,774

IT/Sharing/LEO/TSSCI LAN ................................................................ 45,000

Communications Analysis/Doc Ex ........................................................ 20,293

Lab wiring .............................................................................................. 7,700

Tactical Operations and Collections ..................................................... 5,000

527

FY 2003 Emergency Wartime Supplemental Appropriations Act, P.L. 108–11—

Continued

Activity Conf 

Terrorist financing ................................................................................. 5,000

Cybercrime ............................................................................................. 5,000

Subtotal ........................................................................................ 281,192

TTIC ........................................................................................................ 86,000

Total ............................................................................................. 367,192

FOREIGN TERRORIST TRACKING TASK FORCE/TERRORIST THREAT

INTEGRATION CENTER

The conferees adopt House language providing $61,597,000 for 

the Foreign Terrorist Tracking Task Force (FTTTF). The conferees 

adopt by reference House language regarding the need to better coordinate information technology activities of the FTTTF with similar activities elsewhere in Justice, and House language regarding 

FTTTF technology initiatives and other activities. The conferees do 

not include Senate language shifting this activity outside of the 

Justice Department. 

Terrorist Threat Integration Center.—The conference agreement includes new bill language formalizing the coordination between the FBI and the Terrorist Threat Integration Center (TTIC). 

The conferees adopt by reference House language regarding efforts 

to integrate intelligence analysis capabilities at the TTIC and the 

specifics of the relocation of the FBI’s Counterterrorism Division to 

the joint facility. 

CONSTRUCTION

The conference agreement includes $11,174,000 for FBI construction, instead of $1,242,000 as proposed by the House and 

$44,791,000 as proposed by the Senate. Of this amount, the conferees adopt by reference Senate funding levels for the Engineering 

Research Facility. This activity was not addressed by the House. 

DRUG ENFORCEMENT ADMINISTRATION

The conference agreement includes a total of $2,157,792,000 

for the Drug Enforcement Administration (DEA) as proposed by the 

House instead of $1,512,281,000 as proposed by the Senate. The 

conferees adopt by reference the transfer of the Interagency Crime 

and Drug Enforcement program as proposed by the House. 

SALARIES AND EXPENSES

The conference agreement includes $1,601,327,000 for the DEA 

salaries and expenses account as proposed by the House instead of 

$1,512,281,000 as proposed by the Senate. The conferees adopt by 

reference House language regarding prior year recoveries, and direct the DEA to submit a reprogramming request within 45 days 

of enactment of this act to accommodate lab enhancements, information technology investments, and other one-time funding needs.

528

DEA SALARIES AND EXPENSES 

[Dollars in thousands] 

Activity POS FTE Amount 

Enforcement: 

Domestic Enforcement ....................................................................... 2,728 2,561 $546,165 

Foreign Cooperative Investigations .................................................... 653 621 208,199 

Drug and Chemical Conversions ....................................................... 190 177 23,507 

State and Local Task Forces ............................................................. 1,619 1,527 240,808

Subtotal, Enforcement ................................................................... 5,190 4,886 1,018,679

Investigative Support: 

Intelligence ......................................................................................... 976 983 129,294 

Laboratory Services ............................................................................ 466 456 72,856 

Training .............................................................................................. 99 98 24,903 

Research, Engineering, and Technical Operations ............................ 596 591 122,266 

Information Technology ...................................................................... 126 122 138,976

Subtotal, Investigative Support ..................................................... 2,263 2,250 488,295

Management and Administration ...................................................... 905 882 94,353

Total, Direct Appropriations .......................................................... 8,358 8,018 1,601,327 

Division Control Fee Account ...................................................................... 793 789 118,561

Total, Budget Authority ................................................................. 9,151 8,807 1,719,888 

The DEA is reminded that any changes to this distribution are 

subject to the reprogramming requirements in section 605 of this 

Act. 

Additional Drug Enforcement Agents.—The conference agree- ment adopts by reference House funding levels of $46,274,000 

above the request to support additional agents and support staff. 

The conference agreement adopts by reference House funding levels 

for the Mobile Enforcement Teams, Senate funding levels for the 

Regional Enforcement Teams and the Demand Reduction Program, 

and directs the DEA to consolidate Demand Reduction activities 

and the IDEA program into one coordinated demand reduction program. The conferees adopt by reference House language on cooperative agreements with State and local law enforcement. The conference agreement adopts by reference Senate language regarding 

a report on Mexican training programs and Senate language regarding funding for international training. The conferees direct the 

DEA to submit a report to the Committees on Appropriations regarding international training programs and interdiction efforts. 

This report should be developed in consultation with the Department of Defense, the State Department and other Federal agencies. 

The conferees adopt by reference House language regarding 

submission of a report on source and transit countries. 

OxyContin.—The conferees adopt by reference House language 

regarding legal drugs that are diverted for illegal use, particularly 

the prescription drug OxyContin. The conferees adopt by reference 

House language regarding development of a prescription drug monitoring program, and continued coordination with the Office of Justice Programs. 

Methamphetamines.—The conferees adopt by reference House 

language regarding methamphetamines, and continued support of 

State, local, and Federal law enforcement programs. 

529

Ecstasy.—The conferees adopt by reference House language regarding the illegal importation of ecstasy and other ‘‘club drugs.’’ 

DEA Training.—The conferees direct the DEA and the FBI to 

explore continued integration of analytical training programs given 

the nexus between drugs and terrorism. 

Operation Containment.—The conferees amend House language regarding regular briefings for Operation Containment, and 

direct the DEA to provide quarterly updates to the Committees on 

Appropriations, with written reports to be submitted yearly with 

the first such report to be submitted May 1, 2004. 

Drug Diversion Control Fee Account.—The conference agree- ment includes $118,561,000 for the DEA’s Drug Diversion Control 

Program as proposed by the House instead of $91,499,000 as proposed by the Senate. The conferees adopt by reference House language regarding an increase of $6,882,000 to enhance the Internet 

Online Investigations Project, and development and deployment of 

a system to enable on-line transfers of prescriptions from doctors 

to pharmacies. 

Additional Drug Investigative Positions.—The conferees adopt 

by reference House language regarding use of expected fee increases to support additional staff to address the diversion of controlled substances, particularly OxyContin. The conferees adopt by 

reference House language regarding deployment of additional positions to the highest priority locations. 

The conference agreement includes Senate bill language regarding demand reduction activities. 

INTERAGENCY DRUG ENFORCEMENT

The conference agreement adopts by reference House language 

consolidating under the DEA drug enforcement activities previously included under the Interagency Crime and Drug Enforcement account. The conferees include funding as proposed by the 

House for the continued participation of the Departments of Homeland Security and Treasury. The Senate did not propose funding 

for these non-Justice agencies. The conferees support law enforcement efforts to fight illegal drug activity, and therefore have provided funding for each agency involved in these task forces. However, the conferees do not expect to provide funding for non-Justice 

agencies in subsequent years. The conference agreement includes $556,465,000 for the Interagency Drug Enforcement account as proposed by the House instead of $415,010,000 as proposed by the Senate.

REIMBURSEMENT BY AGENCY 

[Dollars in thousands] 

POS FTE Amount 

Law Enforcement: 

DEA ..................................................................................................... 1,304 1,228 $168,539 

FBI ...................................................................................................... 806 780 114,700 

INS ...................................................................................................... 117 117 16,674 

USMS .................................................................................................. 13 13 2,148 

ATFE ................................................................................................... 54 54 11,483 

IRS ...................................................................................................... 494 476 73,301 

Customs ............................................................................................. 270 270 31,154 

Coast Guard ....................................................................................... ........................ ........................ 625 

530

REIMBURSEMENT BY AGENCY—Continued

[Dollars in thousands] 

POS FTE Amount 

Drug Intelligence: 

DEA ..................................................................................................... 50 38 6,392 

FBI ...................................................................................................... 184 159 21,521 

Prosecution: 

U.S. Attorneys ..................................................................................... 965 886 100,699 

Criminal Division ............................................................................... 18 18 2,717 

Tax Division ........................................................................................ 10 8 995 

Administrative Office ......................................................................... 14 14 5,517

Total ............................................................................................... 4,299 4,061 556,465 

Drug Intelligence Fusion Center.—The conferees direct the 

DEA to transfer to this account existing balances previously provided to the DEA to develop the Drug Intelligence Fusion Center. 

The conferees expect that this multi-agency drug intelligence capability will be developed and managed within this account. The conference agreement adopts by reference House language regarding 

participating agencies, protocols for sharing information, and expected ongoing operations and maintenance funding costs. This report should include a justification of all information technology programs taking place at the Special Operations Division as well as 

recommendations for utilizing information platforms, such as the 

FBI’s Operation Gateway. The conferees also adopt by reference 

House language regarding rationalization of drug intelligence collection and analysis entities. The conferees adopt by reference 

House language directing that the Department of Justice and FBI 

Chief Information Officers review this program to ensure maximum 

collaboration and exploitation of information. 

Targeting Command and Control.—The conferees adopt by reference House language regarding efforts to refocus this program on 

the highest level national and international drug trafficking organizations. The recommendation includes an increase of $23,127,000, 

151 positions and 76 FTE to expand investigations of these major 

command and control targets. In addition, $3,461,000 is provided 

to the U.S. Attorneys to ensure successful prosecution of targets. 

The conference agreement adopts by reference House language 

regarding continued FBI involvement in drug investigations, and 

includes an increase of $8,000,000, 53 positions and 27 workyears 

above the request to maintain the FBI’s participation. The conferees expect that these additional resources will enable the Federal government to aggressively pursue links between terrorists 

and drug organizations. 

Financial Investigations.—The conferees adopt by reference 

House increases of $5,631,000, 37 positions and 19 FTE for money 

laundering activities, particularly offshore accounts that can be difficult to track, and House funding increases of $2,805,000 for U.S. 

Attorneys’ participation. 

Drug Intelligence.—The conferees adopt by reference House 

language regarding additional analytical support needed to ensure 

that information collected as part of multi-agency drug investigations is thoroughly referenced against other criminal databases and 

other ongoing investigations, particularly with regard to terrorist 

531

organizations, and adopts by reference House funding increases of 

$3,764,000 for the DEA and $7,528,000 for the FBI to increase analytical capacity. The conferees direct the DEA to consult with the 

Committees on Appropriations prior to distributing these resources, 

and expects that these resources will support efforts of the Special 

Operations Division and the Drug Intelligence Fusion Center. 

BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

SALARIES AND EXPENSES

The conference agreement includes $836,087,000 for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), instead 

of $831,199,000 as proposed by the House, and $829,593,000 as 

proposed by the Senate. 

The conference agreement adopts, by reference, the House language regarding the mission of the Bureau of Alcohol, Tobacco, 

Firearms and Explosives, the Gang Resistance Education and 

Training program under this heading, the Safe Explosives Act, and 

the Youth Crime Gun Interdiction Initiative. 

The conference agreement includes $10,000,000 to implement the Safe Explosives Act and $4,000,000 to upgrade databases and 

systems, space alterations, and other costs related to creating the 

National Explosives Licensing Center [NELC] at the Bureau of Alcohol, Tobacco, Firearms and Explosives National Tracing Center. 

The conference agreement adopts, by reference, language proposed by the Senate regarding the Safe Explosives Act, the National Explosives Licensing Center, and Overseas Offices. 

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

The conference agreement includes $4,461,257,000 for the salaries and expenses of the Federal Prison System as proposed by the 

House, instead of $3,872,791,000 as proposed by the Senate. The 

conferees understand that this level of funding will be adequate to 

open the following prisons on time and continue operations at existing prisons, but direct the Justice Department to submit a reprogramming should additional resources be necessary. The conferees also note that base funding of $41,000,000 shall be provided 

for FCI Beckley, West Virginia and $41,600,000 shall be provided 

for FCI Glenville, West Virginia. The conferees include activation 

funding as follows:

Activations 

Victorville, CA USP ............................................................................... $35,562,000 

Hazelton, WV USP ................................................................................ 40,587,000 

Forrest City, AR facility ........................................................................ 33,807,000 

Herlong/Sierra, CA medium camp ....................................................... 36,092,000 

Williamsburg, SC FCI ........................................................................... 33,123,000 

Canaan, PA USP .................................................................................... 35,552,000 

Terre Haute, IN USP ............................................................................ 8,439,000 

Bennettsville, SC FCI ............................................................................ 10,532,000 

Yazoo, MS FCI ....................................................................................... 23,331,000 

$257,025,000

Contract Confinement.—The conferees adopt by reference 

House language regarding an increase of $12,900,000 for contracts 

532

to accommodate the increasing prison population. The conferees 

adopt by reference House and Senate language regarding use of excess State and private prison capacity to meet bedspace needs, if 

these facilities meet Bureau of Prison (BOP) standards. The conferees adopt by reference the House increase of $3,000,000 to support BOP’s transitional drug treatment program and submission of 

a report about BOP drug treatment programs, and House language 

regarding use of visible eye-safe lasers for marksmanship training. 

With funds provided in earlier appropriations acts, the National Institute of Corrections has provided training and technical 

support to correctional systems throughout the country to eliminate 

staff sexual misconduct with inmates, in providing training in investigating cases, and in training ‘‘trainers’’ in order that employees at every level will be better able to handle these cases. The conferees direct BOP to report to the Committees on Appropriations by 

March 31, 2004 on progress made in this area. 

The conferees understand the Center for Disease Control and 

Prevention has recently recommended testing all prisoners with a 

history of injection drug use or other risk factors for the Hepatitis 

B and C viruses and that those showing signs of liver disease be 

assessed by hepatitis specialist to determine treatment. These recommendations reflect a concern that high rates of infection in the 

prison population lead to public health impacts as these prisoners 

are released back into the general population. The conferees request that the BPP report to the Committees on Appropriations 

within six months regarding progress in implementing its planned 

screening program, including the number of inmates screened and 

the treatment adopted. 

The conference agreement does not include bill language proposed by the Senate designating specific amounts for decision 

units. 

BUILDINGS AND FACILITIES

The conference agreement includes funding of $397,700,000 for 

construction, modernization, maintenance and repair of prison and 

detention facilities housing Federal prisoners instead of 

$202,840,000 as proposed by the House and $345,805,000 as proposed by the Senate. The conferees continue to expect that all current construction projects will proceed as planned.

New construction, modernization and repair 

Berlin, New Hampshire, FCI medium ................................................. $154,500,000 

Mid Atlantic, West Virginia .................................................................. 40,300,000 

Modernization and repair ..................................................................... 202,900,000 

$397,700,000

FEDERAL PRISON INDUSTRIES, INCORPORATED

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON

INDUSTRIES INCORPORATED

The conference agreement adopts House and Senate language regarding a limit on administrative expenses of $3,429,000 for Federal Prison Industries, Incorporated. The conferees adopt by refVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00536 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
533

erence House language regarding the Federal Prison Industries, 

Inc., program.

OFFICE OF JUSTICE PROGRAMS

The conference agreement provides $3,095,017,000 for State 

and local law enforcement grants instead of $3,491,261,000 as proposed by the House and $2,630,637,000 as proposed by the Senate. 

The amount provided is $763,785,000 above the Administration’s 

request. 

The conferees adopt by reference the House report language 

concerning the coordination of programs with other Federal agencies and requiring the Department to submit a report to the Committees on Appropriations by June 1, 2004, describing its efforts to 

coordinate programs. The conference agreement adopts by reference the House report language regarding training for local law 

enforcement officials on the penalties prescribed in the Federal law 

for trafficking in persons and requiring the Department to submit 

a spending plan for expanding this training. 

JUSTICE ASSISTANCE

The conference agreement includes $190,125,000 for Justice 

Assistance. The conferees do not adopt the Administration’s proposal to consolidate all Office of Justice Programs (OJP) activities 

under this heading. The table below displays the conference agreement compared to the request for programs funded under this 

heading and compared to the amounts provided in the House and 

Senate bills.

[$ in 000’s] 

Program Enacted Request House Senate Conference 

National Institute of Justice ................................. 59,490 73,301 59,000 50,000 48,000 

Bureau of Justice Statistics .................................. 32,125 35,085 33,731 25,000 32,125 

Nat. White Collar Crime ........................................ 9,170 .................... 4,500 .................... 9,000 

Regional Inf. Sharing Sys. .................................... 28,812 36,448 35,000 29,000 30,000 

Management and Admin.* .................................... 37,753 119,638 40,000 .................... 35,000 

Missing Children Program .................................... 32,633 30,669 36,900 32,500 36,000

Total ......................................................... 199,983 .................... 209,131 136,500 190,125 

* Senate bill included M&A under a separate heading. 

National Institute of Justice (NIJ).—The conference agreement 

provides $48,000,000 for the National Institute of Justice. The conference agreement provides $21,000,000 for the National Law Enforcement and Corrections Technology Centers and incorporates by 

reference the Senate language concerning the distribution of funding. The agreement also includes $17,000,000 for other Office of 

Science and Technology (OS&T) activities. Within this amount, NIJ 

shall continue to fund the Office of Law Enforcement Technology 

Commercialization, Inc., and the Center for Rural Law Enforcement Technology and Training at the fiscal year 2003 level. The 

conferees support NIJ’s efforts to develop through-wall motion 

mapping. The conference agreement includes $10,000,000 for discre- tionary activities of which not less than $6,000,000 shall be for social science research and evaluation. 

534

Missing Children.—The conference agreement includes $36,000,000 for the Missing Children Program for the following 

purposes:

MISSING CHILDREN PROGRAM 

Program ($000) FY 03

enacted 

FY 04

request 

FY 04

House 

FY 04

Senate 

FY 04

conference 

National Center for Missing and Exploited Children ................................................................... 12,419 12,419 14,000 17,000 15,000 

Jimmy Ryce Law Enforcement Training Center .... 2,980 3,000 3,000 3,000 3,000 

Internet Crimes Against Children Task Force ....... 12,419 12,500 12,500 12,500 12,500 

MEC Office ............................................................ 2,331 2,269 2,400 .................... 1,500 

AMBER Alert Grants .............................................. 2,484 2,500 5,000 .................... 4,000

Total ......................................................... 32,633 32,688 36,900 32,500 36,000 

OJP shall utilize the AMBER program funds in accordance 

with the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003. Within the funding provided, 

the National Center for Missing and Exploited Children shall continue the successful CyberTipline program, continue the Police 

Technology Project (LOCATER), and expand the NetSmartz Workshop as described in the Senate report. 

Regional Information Sharing System.—The conference agreement provides $30,000,000 for the Regional Information Sharing 

System (RISS). The conferees direct the Department to ensure that 

inter-state information sharing systems funded by OJP and COPS 

utilize the existing communications infrastructure and are compatible with RISS and LEO. 

Management and Administration.—The conference agreement 

provides $35,000,000 for the management and administration of 

the OJP. The Conferees are disappointed that several reports requested in the fiscal year 2003 conference report have not been 

submitted. The Conferees expect better communications to be provided not only to Congress but to their grantees and subgrantees. 

The Conferees believe that improved communication is extremely 

important in improving service to State and local law enforcement 

agencies. 

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The conference agreement provides a total appropriation of 

$1,297,684,000. The table below displays the funding provided in 

the conference agreement compared to the level of funds requested 

under the Justice Assistance heading for similar activities and 

compared to the levels provided in the House and Senate bills.

($’s in 000’s) 

FY 03

enacted 

FY 04

request 

FY 04

House 

FY 04

Senate 

FY 04

conf. 

Local Law Enforcement Block Grant ........... $397,400 ..................... $400,000 $150,000 $225,000 

(Boys and Girls Club) ........................ (79,480) ..................... (80,000) (80,000) (80,000) 

(USA Freedom Corps) ......................... (2,981) ..................... (5,000) ..................... (2,981) 

(National Institute of Justice) ............ (19,870) ..................... (20,000) ..................... (10,000) 

State Criminal Alien Assistance ................. 248,375 ..................... 400,000 250,000 300,000 

Cooperative Agreement Program ................. 4,968 ..................... 2,500 ..................... 2,000 

Indian Assistance ........................................ 17,883 4,436 13,000 18,000 15,000 

(Tribal Prison Construction) ............... (4,968) ..................... ..................... ..................... (2,000) 

535

($’s in 000’s) 

FY 03

enacted 

FY 04

request 

FY 04

House 

FY 04

Senate 

FY 04

conf. 

(Indian Tribal Courts Program) .......... (7,948) ..................... (8,000) ..................... (8,000) 

(Alcohol and Substance Abuse) ......... (4,967) (4,436) (5,000) ..................... (5,000) 

Edward Byrne Law Enf. Assistance ............ 646,683 ..................... 615,000 588,575 659,117 

(Formula Grants) ................................ (496,750) ..................... (500,000) (500,000) (500,000) 

(Discretionary Grants) ........................ (149,933) ..................... (115,000) (88,575) (159,117) 

USA Freedom Corps ..................................... ..................... 14,669 ..................... ..................... .....................

Justice Assistance Grants ........................... ..................... 585,990 ..................... ..................... .....................

(Boys and Girls Club) ........................ ..................... (60,000) ..................... ..................... .....................

(Indian Tribal Courts Program) .......... ..................... (5,921) ..................... ..................... .....................

(National Institute of Justice) ............ ..................... (19,956) ..................... ..................... .....................

Violence Against Women Grants ................. 387,629 373,487 ..................... 406,000 .....................

Victims of Trafficking Grants ..................... 9,935 ..................... 10,000 ..................... 10,000 

State Prison Drug Treatment ...................... 64,577 74,233 70,000 ..................... .....................

Drug Courts ................................................. 44,708 64,360 55,000 43,500 38,500 

Juvenile Crime Block Grant ......................... 188,765 ..................... ..................... ..................... .....................

(Project ChildSafe) ............................. (24,838) ..................... ..................... ..................... .....................

Prescription Drug Monitoring ...................... 7,451 ..................... 10,000 ..................... 7,000 

Prison Rape Prevention ............................... 12,915 ..................... 60,000 ..................... 37,175 

Terrorism Prevention Training ..................... 14,902 ..................... ..................... ..................... .....................

Other Crime Control Programs: 

State and Local Training ................... ..................... 3,907 1,000 ..................... 1,000 

Missing Alzheimer’s Patients ............. 892 ..................... 892 500 892 

Law Enforcement Family Support ...... 1,487 ..................... 1,487 1,000 .....................

Motor Vehicle Theft Prevention .......... 1,292 ..................... ..................... 1,500 .....................

Seniors Vs. Marketing Scams ............ 1,982 ..................... 1,982 2,000 2,000 

Prior Year Balances .................................... (20,854) (11,622) ..................... ..................... .....................

Total, State and Local Assistance 2,030,990 ..................... 1,640,861 1,461,075 1,297,684 

State Criminal Alien Assistance Program.—The conference 

agreement provides $300,000,000 for the State Criminal Alien Assistance Program instead of $400,000,000 as provided by the House 

and $250,000,000 as provided by the Senate. The Administration 

proposed eliminating this program. The conference agreement includes bill language directing funds to be disbursed only as a direct 

reimbursement for each States’ documented costs for incarcerating 

undocumented criminal aliens. 

Indian Country Grants.—The recommendation provides $15,000,000 for Indian Country grants. The conferees understand 

that the Comprehensive Indian Resources for Community Law Enforcement (CIRCLE) initiative is working well. The conferees urge 

the Department to consider ways to expand the CIRCLE project 

into other communities. 

Edward Byrne Grants to States.—The conference agreement in- cludes $659,117,000 for the Edward Byrne Memorial State and 

Local Law Enforcement Assistance Program, of which $159,117,000 

is for discretionary grants and $500,000,000 is for formula grants. 

Within the amount provided for Byrne formula grants, the conferees ask Governors and relevant State and local officials to review the following proposals and provide a grant if warranted: Arkansas Methamphetamine Lab Project, Criminal Justice Institute; 

Barron-Rusk County, Wisconsin Drug Task Force; Caddo Parish, 

Louisiana Methamphetamine Enforcement; COPS Methamphetamine Drug Hot Spots Program, Arkansas State Police; Drug Endangered Children rapid response team in Iowa; Arizona methamphetamine program; Law Enforcement Innovation Center at 

Knoxville, Tennessee; Drug Interdiction Team to seize illegal drugs 

536

transported into Iowa; Enhancing illegal drug trafficking investigations by State and local authorities in Iowa; Arizona violent crime 

scene response; Greenbook Project, Maryland; Iowa Drug-Free 

Workplace Education Project; Meth Safe housing pilot project, Iowa 

Office of Drug Control Policy; Methamphetamine enforcement efforts in Nevada; Methamphetamine Enforcement, State of Indiana; 

Methamphetamine Interdiction Program in Northwest Louisiana; 

Methamphetamine Montana Initiative; Methamphetamine Program for Washington State; Multnomah County, Oregon Children’s 

Receiving Center; Nebraska Methamphetamine Drug Hot Spots 

Program; Idaho methamphetamine initiative; New York City Specially-Targeted Offenders Program; Oglala, South Dakota Youth 

Court/Court Systems; Oregon Meth Lab Surveillance and Seizure 

Program; Savannah, Georgia Impact Program; ShareHouse Methamphetamine Treatment Project in North Dakota; South Central 

and East Central Iowa Meth Lab Task Forces; Texas State University Advanced Law Enforcement Rapid Response Training Center; 

Chicago Project for Violence Prevention; Elderly Fraud Prevention 

Initiative in Iowa; Arkansas State Police’s Methamphetamine Drug 

Hot Spots Program; and Methamphetamine Drug Program for 

Washington State. 

Within the amounts provided for discretionary grants, OJP is 

expected to review the following proposals, provide grants if warranted, and report to the Committees on Appropriations regarding 

its intentions. 

$5,000,000 for the National Crime Prevention Council; 

$444,000 to the Southwest Montana Drug Task Force to 

deter the use, distribution, and manufacture of dangerous 

drugs; 

$1,800,000 for a case management system for the Delaware State courts; 

$500,000 to the Bernalillo County, NM, Metro Court Domestic Violence Pilot Project; 

$2,000,000 for the Tools for Tolerance program in California;

$2,000,000 for continued support for the expansion of 

SEARCH Group, Inc. and the National Technical Assistance 

and Training Program to assist States, such as West Virginia 

and Alabama, to accelerate the automation of fingerprint identification process; 

$150,000 for the University of North Dakota’s Native 

Americans Into Law program to recruit and retain American 

Indian law students; 

$550,000 for Turtle Mountain Community College for 

Project Peacemaker; 

$1,146,000 for Child-Safe Personalized Weapons-Smart 

Gun, NJ; 

$100,000 to the City of Custer, SD, for law enforcement 

equipment; 

$100,000 to the South Dakota Association of County Commissioners for law enforcement communications equipment; 

$1,000,000 for behavioral health research at the University 

of Connecticut for at-risk youth; 

537

$650,000 for the National Center for Victims of Crime and 

INFOLINK; 

$300,000 for Mujeres Latinas En Accion, IL, to expand its 

community-based program for domestic abuse and sexual assault victims; 

$3,000,000 for a law enforcement information sharing program in CA; $900,000 for the Iowa Jail Drug Treatment Pilot Project; 

$500,000 to the University of South Carolina for the National Center for Prosecutorial Ethics; 

$250,000 for the Children’s Medical Assessment Center in 

South Carolina to extend forensic healthcare services to outlying rural areas, and to extend the tracking and medical case 

management programs to all law enforcement jurisdictions in 

the local Tri-County area; $695,000 for the South Carolina Domestic Violence Reduction Initiative, of which: $150,000 is for Safe Passage which assists victims in Chester, Lancaster, and York Counties; 

$150,000 for Safer Harbor which assists victims in Greenville 

and Anderson Counties; $175,000 for Safe Homes which assists 

victims in Spartanburg; and $220,000 for the Cumbee Center 

to Assist Abused Persons, which assists victims in Aiken, 

Barnwell, Allendale, Edgefield, McCormick, and Saluda Counties; 

$4,750,000 for the Executive Office of U.S. Attorneys to 

support the National District Attorneys Association’s participation in legal education training at the National Advocacy Center; 

$100,000 to the Medical University of South Carolina for 

an innovative and effective program which helps single headof-household women with children reject a life of crime and 

drugs and build a self supporting lifestyle; $150,000 for the City of La Crosse Community Policing 

Plan; 

$300,000 for the Barron Rusk County, WI, Drug Task 

Force; 

$1,100,000 for the Vermont Drug Task Force; 

$250,000 for the University of Arkansas’ program to reduce Family Violence through Workplace Interventions; 

$2,200,000 for the Baltimore City, MD, Drug Enforcement 

and Eradication Program; 

$300,000 to the Prince George’s County, MD, Neighborhood Watch Program; 

$250,000 to the Washington Public Building Mapping System; 

$400,000 to Milton R. Abrahams Legal Clinic at Creighton 

University, NE; 

$250,000 for the North Kingstown, RI, Police Department 

for equipment and related expenses; 

$300,000 to the John Hope Settlement House in Providence, RI, for a family support center; 

$200,000 for the Las Vegas, NV, Metropolitan Police 

Forces’ Special Weapons and Tactics [SWAT] Team; 

$200,000 for the UNLV Boyd School of Law; 

538

$400,000 for Las Vegas, NV, for communications equipment; 

$500,000 for the Community Action Neighborhood Empowerment Program in Erie County, NY; $7,500,000 for the Southeast National Law Enforcement 

and Corrections Technology Center for the implementation of 

Project SEAHAWK. Funding is provided for the acquisition of 

communications equipment, computer software and hardware 

technology, and research and development needed to execute 

the project; $850,000 for Nebraska Statewide Drug Enforcement and 

Lab equipment; $1,100,000 for an alcohol interdiction program designed to 

investigate and prosecute bootlegging crimes as part of a statewide effort to reduce fetal alcohol syndrome in Alaska; $250,000 for the Catholic Charities of Maine, Rapid Response Program; $800,000 for the Haymarket Center’s Rehabilitative Confinement Program; $150,000 for the Alabama Criminal Justice Training Center; 

$1,250,000 for Abilene, TX, for law enforcement technologies; $400,000 to the Montana Food Bank Network/Montana 

Correctional Enterprises for cannery operations; $100,000 for the Morgan County, KY, Sheriff’s Department; 

$2,000,000 to the Municipality of Anchorage, AK, for response to illegal drug and alcohol use for homeless veterans; $500,000 for the Pittsburgh, PA, Police Bureau’s Virtual 

Perimeter Video Surveillance system, which allows live monitoring of multiple locations by robotic cameras; $100,000 to the Alabama Sentencing Commission for a 

simulation model of the Alabama sentenced offender population; 

$210,000 for the Alaska DARE Coordinator; 

$500,000 to establish the Belknap, NH, Regional Special 

Operations program; 

$150,000 for the Nebraska Statewide Drug Treatment and 

Prevention program; 

$1,000,000 for the New Mexico Administrative Office of 

the Courts to support Dependency Drug Courts in three judicial districts; 

$750,000 for the Center on Domestic Violence at the University of Colorado in Denver; 

$2,000,000 for Anchorage Sexual Response Assault Team 

to investigate and prosecute rapes; 

$1,000,000 for the Davidson County, TN, Drug Court Program; 

$400,000 for the Philadelphia, PA, Safe Streets Initiative; 

$2,500,000 for the Missouri MOSMART Program; 

$500,000 for the New Hampshire Phoenix House information technology upgrade project; 

$1,500,000 for continuation of Operation Streetsweeper; 

539

$250,000 for Partners for Downtown Progress in Alaska;

$1,000,000 for the Montana Public Safety Services Office 

for law enforcement equipment; 

$122,000 for the Powder Springs Police Force in Cobb 

County, GA for new equipment; 

$1,000,000 for the Alaska Native Justice center to develop 

recommendations in consultation with AFN. RuralCap, and 

AITC on rural justice and law enforcement; 

$500,000 for technology upgrades for the New Hampshire 

Department of Motor Vehicles substation; 

$300,000 for the Protection of Senior Citizens, Indianapolis, IN, Housing Authority; 

$1,000,000 for the inclusion of the New Hampshire Department of Motor Vehicles in the public safety communications 

network; 

$3,000,000 for the Innovative Partnerships for High Risk 

Youth demonstration project run by Public/Private Ventures; 

$3,000,000 for the National Fatherhood Initiative; 

$1,000,000 for the Strategic Medical Intelligence Initiative 

Partnership at the University of Pittsburgh Medical Center; 

$750,000 for law enforcement equipment upgrades in Midwest City, OK; 

$650,000 for the Alaska Public Safety Academy; 

$750,000 for Fisk University’s Security Enhancement Initiative, Nashville, TN; 

$1,500,000 for the National Judicial College; 

$1,100,000 for Security Enhancement Programs for the 

South Carolina Palmetto Expo Center; 

$500,000 for equipment and supplies for the Ocean 

Springs, Mississippi Police Department; 

$1,000,000 for the Western Forensic Science & Law Enforcement Training Center; 

$750,000 for the Alaska Youth Community Policing Initiative; 

$1,500,000 to An Achievable Dream in Virginia; 

$500,000 for the Pennsylvania Commission on Crime and 

Delinquency for integrated justice data hubs; 

$1,000,000 for the Cook County Cold Case Homicide Unit; 

$1,200,000 for the Drug Abuse Resistance Education 

(DARE) program; 

$20,000 for the City of Massillon, OH, Police Department 

for law enforcement technologies and to combat gang and drugrelated activities; 

$8,000,000 for Operation UNITE for a drug enforcement, 

treatment and education program; 

$1,250,000 for the Rural Law Enforcement Technology and 

Training Center; 

$500,000 for the Phoenix House Upstate New York Drug 

Treatment Alternative for offenders; 

$750,000 for Excelsior College for law enforcement training programs; 

$25,000 for Transylvania County, NC, Sheriff’s Citizens 

Observer Patrol and Education Team; 

540

$700,000 for the New Orleans, LA, Police Department for 

crime fighting initiatives; 

$200,000 for the Orleans Parish, LA, District Attorney’s 

Office for crime fighting initiatives; 

$200,000 for the Louisiana State Police for equipment to 

assist in investigating crimes; 

$200,000 for the Iberia Parish Sheriff’s Department for 

equipment to assist in investigating crimes; 

$200,000 for the Calcasieu Parish Sheriff’s Department for 

equipment to assist in investigating crimes; 

$200,000 for the Caddo Parish District Attorney’s Office 

for equipment to assist in investigating crimes; 

$200,000 for the Jefferson Parish District Attorney’s Office 

for equipment to assist in investigating crimes; 

$1,500,000 for the Washington Metropolitan Area Drug 

Enforcement Task Force (MATF); 

$1,000,000 for the Northern Virginia multi-jurisdictional 

anti-gang task force; 

$732,000 for the Virginia Attorney General’s Office for a 

Computer Crime Unit ($115,000), a gang task force ($500,000), 

and the Triad program ($117,000); 

$2,500,000 for Mothers Against Drunk Driving for education and victims assistance programs; 

$500,000 for the Northern Virginia Criminal Justice Academy; 

$250,000 for Gospel Rescue Ministries; 

$1,000,000 for the Fuller Theological Seminary for a conflict resolution program; 

$50,000 for the Virginia Commonwealth Attorneys Service 

Council for the TOP GUN program to partner law enforcement 

and prosecutors to combat violent crime throughout Virginia; 

$1,540,000 for pre-release and post-incarceration services 

programs for the Commonwealth of Virginia; 

$750,000 for The Doe Fund’s Ready, Willing & Able program; 

$1,230,000 for court programs in the Commonwealth of 

Virginia to combat drug use and drug related crimes; 

$660,000 for the Virginia Community Policing Institute; 

$350,000 for the Northwest Virginia Regional Drug Task 

Force; 

$500,000 for the Courtroom 21 program at William and 

Mary College; 

$600,000 for the Protecting Children Against Sex Offenders in Fairfax County, VA; 

$100,000 for the Virginia State Police to deal with gang violence in the City of Richmond; 

$750,000 for a child abuse prevention program in Norfolk, 

VA; 

$500,000 for the National Motor Vehicle Title Information 

System to reduce vehicle theft and fraud; 

$500,000 for the Tarrent County, TX, District Attorney’s 

Office for an Automated Fingerprint Identification System; 

$2,000,000 for the Center for Court Innovation; 

541

$110,000 for the Virtual Simulation Project for Clark State 

Community College’s Police Academy in Springfield, OH; 

$500,000 for a crime fighting initiative with the University 

of Central Oklahoma, the City of Edmond, OK and the Oklahoma State Bureau of Investigation; 

$1,000,000 for the Oakland County, MI, Sheriff’s Department for an Identification Based Information System (IBIS) including portable hand-held digital fingerprint and photo devices for patrol cars; 

$350,000 for Iowa State University for specialized criminal 

justice research; 

$350,000 for a Regional Law Enforcement Training Program at Iowa Central Community College in Fort Dodge, IA; 

$500,000 for the Redlands, CA, Police Department for a 

crime mapping project; 

$1,000,000 for the National Training and Information Center (NTIC); 

$1,000,000 for the National Center for Justice and the 

Rule of Law at the University of Mississippi School of Law to 

sponsor research and produce educational seminars and training programs for judges, court personnel, prosecutors, police 

agents, and attorneys; 

$3,000,000 for the National Clearinghouse for Science, 

Technology, and the Law at Stetson University College of Law; 

$200,000 for the Pinellas County, FL, Sexual Predator 

Unit; 

$2,000,000 for the National Forensics Science Technology 

Center; 

$250,000 for a law enforcement initiative in Tampa Bay, 

FL; 

$500,000 for the Florida Gulf Coast University for equipment and training for law enforcement efforts; 

$500,000 for Kristen’s Act; 

$1,000,000 for the University of Houston to study in-car 

law enforcement technologies; 

$250,000 for the DuPage County State’s Attorney’s Office 

for the Child Victim Witness Project for criminal investigators;

$500,000 for Kane County, IL, for a drug rehabilitation 

court; 

$750,000 for the Columbus, OH, Police Department for an 

automated fingerprint identification system; 

$300,000 for the Ascension Parish Sheriff’s Office for a regional training center for cybercrime monitoring and enforcement activities and for law enforcement administration training; 

$2,500,000 for National Institute of Justice’s Cyber Science 

Laboratory in Rome, NY; 

$100,000 for the Cathedral City, CA Police Department for 

an After-School Program; 

$300,000 for the National Association of Town Watch’s National Night Out crime prevention program; 

$300,000 for the Savannah Impact Program for an offender 

re-entry program; 

542

$250,000 for Orange County, CA, for a mobile regional 

gang enforcement team; 

$300,000 for Orange County, CA, for an integrated law 

and justice program; 

$300,000 for The Women’s Center in Vienna, VA; 

$200,000 for the City of Fairfax, VA, for law enforcement 

equipment; 

$300,000 for Mercyhurst College in Erie, PA, for law enforcement training; 

$200,000 for the City of Chesapeake, VA, Police Department for law enforcement expenses; 

$300,000 for Gun Crimes Reduction Task Force in Ventura 

County, CA; 

$300,000 for the Buchanan County, MO, Drug Strike Task 

Force; 

$300,000 for the Rural Justice Institute at Alfred University; 

$300,000 for the University of Notre Dame in collaboration 

with State University of New York (SUNY) Stony Brook for 

law enforcement technologies research; 

$100,000 for the College of the Cannons in Santa Clarita 

Valley, CA for law enforcement training; 

$200,000 for the Belmont Harrison Juvenile District for female inmate programs; 

$750,000 for the San Joaquin Valley Rural Crime Prevention Program; 

$300,000 for the Eddy County, NM, Detention Center for 

inmate programs to reduce recidivism; 

$300,000 for the Regional Counter Drug Training Academy 

for law enforcement training; 

$150,000 for York County, PA, for a court records improvement program; 

$250,000 for the Stanislaus County, CA, Meth Gang Enforcement Project; 

$200,000 for the City of Virginia Beach, VA, Sheriff’s Department for law enforcement expenses; 

$6,000,000 for the Police Athletic League; 

$100,000 for the Men Ending Domestic Violence program 

in Swansea, IL; 

$300,000 for Altoona, PA, for an offender re-integration 

program; 

$300,000 for the Norwich, CT, Police Department for a 

program to investigate sexual predators on the Internet; 

$100,000 for the Polaris Project; 

$180,000 for the Check’em Out program in Hamilton 

Township, NJ; 

$300,000 for the Houma, LA, Police Department for law 

enforcement expenses; 

$150,000 for the Kern County, CA, District Attorney for 

equipment to assist in criminal gang investigations; 

$250,000 for the Second Judicial District of New Mexico 

for a gun violence reduction program; 

$250,000 for Greenbook; 

543

$250,000 for the National Center for Rural Law Enforcement’s Internet Project; 

$250,000 for the Law Enforcement Memorial Act; 

$250,000 for John Jay Criminal College and Lehman College of the City University of New York for law enforcement 

research; 

$150,000 for the Midtown Community Justice Center in 

Milwaukee, WI, for restorative justice programs; 

$1,500,000 for the City of Alexandria and the County of 

Arlington, VA to enhance law enforcement activities; 

$250,000 for the Local Initiatives Support Corporation; 

$600,000 for St. Louis County, MO, to enhance local law 

enforcement efforts; 

$750,000 for the California Department of Justice for the 

San Francisco Bay area sexual assault screening program; 

$1,500,000 for New York University for law enforcement 

research; 

$50,000 for Sistas and Brothas United; 

$400,000 for the Latino Pastoral Action Center; 

$100,000 for ‘‘Servicing our Youth’’; 

$100,000 for the Restorative Justice and Good Citizenship 

Initiative in Chicago, IL; 

$100,000 for Solano County, CA, for enhanced law enforcement activities; 

$250,000 for the Arkansas Law Enforcement Training 

Academy; 

$300,000 for the Puerto Rican Legal Defense and Education Fund to conduct a study of the participation of Latinos 

in the federal criminal justice system; 

$400,000 for ‘‘Sanctuary for Families’’ for programs in support of at-risk women and children; 

$600,000 for the Urban Justice Center; 

$1,000,000 for the National Corrections and Law Enforcement Training and Technology Center in Moundsville, WV; 

$200,000 for the American Cities Foundation for a drug 

and alcohol demand reduction program; 

$460,000 for the Philadelphia District Attorney’s Office for 

criminal justice enhancements; 

$250,000 for the New York Prosecutors Training Institute 

for enhancement of the Spectrum Justice and Prosecutors Case 

Management software systems; 

$500,000 for ‘‘Urban Dreams’’ in Des Moines, IA, for programs in support of at-risk youths; 

$400,000 for the Maine Rural Substance Abuse Partnership; 

$500,000 for Midamerica Nazarene University’s (MNU) 

Criminal Justice Program; 

$500,000 for the National Children’s Alliance Child Abuse 

Case Tracking, Reporting and Management System; 

$200,000 for the College of Mount Saint Vincent for criminal justice research and development; 

$250,000 for Phoenix House to enhance drug treatment options in New York City, NY; 

544

$100,000 for the Municipality of Barceloneta, PR, to expand law enforcement efforts; 

$500,000 for Touro College Jacob D. Fuchsberg Law Center for criminal justice research; 

$200,000 for the Milwaukee County, WI, Community Justice Day Reporting Center to expand program activities; 

$500,000 for YouthServe, a project of the ‘‘Builder for the 

Family and Youth,’’ to develop programs in support of at-risk 

youths; 

$150,000 for the Substance Abuse Referral and Prevention, 

Suicide Prevention and Mental Health Promotion Online Demonstration Project in New York, NY; 

$900,000 for ‘‘The Fortune Society’’ for the Community Reentry program; 

$250,000 for Bexar County, TX, for the Jail Diversion Program Model; 

$50,000 for the Greater Woodhaven Development Corporation to address quality of life crimes; 

$500,000 for the North Las Vegas and Las Vegas, NV, Police Departments to enhance law enforcement efforts; 

$150,000 for the ‘‘Home Again’’ Offender Re-Entry Project 

in Indianapolis, IN; 

$100,000 for Provident Counseling’s Domestic Violence 

Prevention Program; 

$100,000 for the City of North Miami Beach, FL, for a law 

enforcement initiative; 

$50,000 for the African Community Resource Center for 

professional counseling for victims of domestic violence; 

$100,000 for the County of Santa Clara, CA, for the Financial Abuse Specialist Team; 

$100,000 for PAX New York for the SPEAK UP Hotline;

$100,000 for the City of Pittsburgh, PA, Police Bureau to 

enhance the Witness Protection Program; 

$100,000 for the San Jose, CA, Police Department for law 

enforcement enhancements; 

$500,000 for the National Institute on State Policy on 

Trafficking of Women and Girls at the Center for Women Policy Studies; 

$100,000 for the City of Seattle, WA, Precinct Liaison Program; 

$100,000 for the White Earth Nation in White Earth, MN, 

for criminal justice enhancements; 

$50,000 for the Southeast Law Enforcement Center; 

$100,000 for the Warren Urban Minority Alcohol and Drug 

Abuse Outreach Program in Trumbull County, OH; 

$100,000 for the Village of Leetonia, OH, for a school resource officer program; 

$100,000 for NOVA Southeastern University’s Community 

Resources, Partnerships & Solutions project; 

$50,000 to Taylor County, WI, for the Restorative Justice 

Program; 

$100,000 to the Bayfield, WI, Police Department for enhanced law enforcement activities; 

545

$200,000 to the Marathon County, WI, Sheriff’s Department for a methamphetamine response team; $600,000 for the Alliance for Children and Families in Milwaukee, WI, for the Legal Intervention for Employment Expansion project. 

Harold Rogers Prescription Drug Monitoring Program.—The 

conference agreement includes $7,000,000 to assist States in building or enhancing prescription drug monitoring systems, facilitating 

the exchange of information between States, and providing technical assistance and training on establishing and operating effective prescription drug monitoring programs. 

Prison Rape Prevention and Prosecution.—The conference 

agreement provides $37,175,000 for implementation of the Prison 

Rape Elimination Act of 2003 (Public Law 108–79). The conference 

agreement provides up to $10,000,000 for the collection of statistics, data and research as authorized by section 4 of the Act; 

$5,000,000 is provided for the National Institute of Corrections for 

a national clearinghouse, training and education as authorized by 

section 5 of the Act; $20,000,000 is provided for grants to States 

to protect inmates and safeguard communities as authorized by 

section 6 of the Act. If the entire $10,000,000 provided for statistics, data and research is not utilized, the conferees expect these 

funds to be used to make additional grants to States. An additional 

$2,175,000 shall be transferred to the National Prison Rape Reduction Commission. 

Victims of Trafficking.—The conference agreement includes $10,000,000 for victim services programs to assist victims of trafficking as authorized by the Victims of Trafficking and Violence 

Protection Act of 2000. The conferees expect the Office of Victims 

of Crime to work with the Office of Juvenile Justice and Delinquency Prevention on child exploitation issues. 

Drug Courts.—The conference agreement provides $38,500,000 

for the Drug Courts program. The conferees note that funding for 

drug courts is an eligible expense under the Local Law Enforcement Block Grant program, the Byrne program, and Juvenile Justice Programs. 

Law Enforcement Family Support and Motor Vehicle Theft Prevention.—The conferees understand that sufficient funding is available in prior year unobligated balances to continue to fund these 

programs during fiscal year 2004. 

WEED AND SEED PROGRAM FUND

The conference agreement includes $58,542,000 for the Weed 

and Seed program as provided by the Senate. The conference 

agreement adopts by reference the House report language requiring 

OJP to submit a report to the Committees on Appropriations on the 

coordination of the Weed and Seed program with Project Safe 

Neighborhoods, the Bureau of Alcohol, Tobacco, Firearms and Explosive’s Youth Crime Gun Interdiction Initiative and other Department of Justice and Federal programs. 

COMMUNITY ORIENTED POLICING SERVICES

The conference agreement includes $756,283,000 for Community Oriented Policing Services (COPS) programs instead of 

546

$682,933,000 as proposed by the House and $656,636,000 as proposed by the Senate. The conference agreement provides significant 

resources above the request to enhance the ability of the COPS office to accomplish their mission of advancing community policing 

practices. While the conferees appreciate the Administration’s need 

to address its Federal counterterrorism responsibility, this need 

should not preclude the Administration from executing other law 

enforcement responsibilities such as local law enforcement programs aimed at ensuring community safety. 

The table below displays the funding provided in the conference agreement compared to the level of funds requested under 

the COPS and Justice Assistance headings for similar activities 

and compared to the levels provided in the House and Senate bills.

[$ in 000’s] 

Program Enacted Request House Senate Conference 

Hiring ..................................................................... 198,700 .................... .................... 200,000 120,000 

Training and Technical Assistance ....................... 20,528 20,662 20,662 (10,000) (5,000) 

Tribal Law Enforcement ........................................ 34,773 30,000 30,000 20,000 25,000 

Meth Hot Spots ..................................................... 56,761 20,000 60,000 .................... 54,050 

COPS Technologies ................................................ 188,719 50,000 100,000 83,960 158,407 

Interoperable Communications ............................. 74,620 .................... .................... 140,000 85,000 

Safe Schools Program ........................................... 15,111 .................... .................... 17,000 4,600 

Police Integrity Grants .......................................... 16,853 16,963 17,000 5,000 10,000 

Management and Administration ......................... 32,782 26,130 26,130 35,000 30,000 

Prior Year Balances (Rescission) .......................... .................... (6,378) .................... .................... ....................

Bullet-Proof Vests ................................................. 25,279 24,143 25,000 25,000 25,000 

Police Corps .......................................................... 14,903 28,315 28,315 15,000 15,000 

Criminal Records Upgrade .................................... 39,740 56,924 56,924 .................... 30,000 

DNA/Crime Lab Initiative ...................................... 81,009 174,353 174,353 19,050 100,000 

Paul Coverdell Forensic Science ........................... [4,968] .................... 5,000 15,000 10,000 

DC Court and Fugitive Task Forces ...................... .................... .................... 41,105 .................... ....................

Crime Identification Technology Act ..................... 68,626 .................... .................... 36,626 24,226 

Safe Schools Technologies .................................... [16,890] .................... .................... [10,000] [5,000] 

SW Border Prosecutor Program ............................. 39,740 48,063 40,000 15,000 30,000 

Gun Violence Reduction Assistance ...................... 44,708 47,683 45,000 15,000 30,000 

Offender Re-Entry .................................................. 14,837 13,504 13,504 5,000 5,000 

Project Sentry ........................................................ 9,935 .................... .................... 10,000 ....................

.

Total ......................................................... 977,624 682,993 656,636 756,283 

COPS Hiring Program.—The conference agreement includes 

$120,000,000 for the hiring of law enforcement officers, of which 

$60,000,000 shall be for school resource officers. From within available amounts, $5,000,000 is for training and technical assistance. 

The conference agreement adopts by reference the House report 

language concerning events of national or regional importance and 

directing COPS to submit a report to the Committees on Appropriations on ‘‘best practices’’ within 180 days of enactment of this 

Act. 

Bulletproof Vests.—The conference agreement includes 

$25,000,000 for the Bulletproof Vests program. The conferees request that the Department of Justice conduct a study and submit 

a report to the Committees on Appropriations on the National Institute of Justice’s (NIJ) voluntary testing protocols and minimum 

standards for body armor to determine the extent to which the efficiency of those voluntary testing protocols and minimum standards 

for body armor correlates with successful and improved law enVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00550 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
547

forcement officer and public safety, and include any recommendations for improving the efficiency and safety of these voluntary testing protocols and minimum standards for body armor. The report 

must address, but is not limited to, the criteria used by the NIJ 

to establish voluntary standards of testing and evaluation to identify minimum performance standards for body armor critical to protecting officers from ballistic threats; when the NIJ last updated 

the minimum performance standards for body armor; the qualifications and factors used by the NIJ to determine the need to update 

minimum performance standards for body armor; why the NIJ testing protocols only rate body armor in the newest possible condition; 

and why the NIJ does not test the deterioration of body armor actually worn by officers in the field to determine if such materials 

and body armor constitutes to comply with the NIJ minimum performance standards during the warranty period of the body armor. 

Police Corps.—The conference agreement includes $15,000,000 

for the Police Corps program. The conferees are disappointed that 

the Police Corps program did not submit a fiscal year 2003 financial plan as requested in the fiscal year 2003 conference report. The 

conferees believe it is important for this program to standardize 

the funding provided for recruit training and require State matching funds for training costs. The conferees are also disappointed 

that the Police Corps program has not submitted the requested report describing OJP’s efforts to incorporate terrorism prevention 

and response training into the Police Corps program and discussing 

the feasibility of establishing regional Police Corps training centers. The conferees expect this report to be submitted as soon as 

possible and the conference agreement again directs OJP to submit 

a Police Corps financial plan no later than 180 days after enactment of this Act. 

Methamphetamine Enforcement and Clean-Up.—The conference agreement includes $54,050,000 for State and local law enforcement programs to combat methamphetamine production and 

distribution, to target drug ‘‘hot spots,’’ and to remove and dispose 

of hazardous materials at clandestine methamphetamine labs. 

Within the amount provided, the conference agreement includes $20,000,000 to reimburse the Drug Enforcement Administration (DEA) for assistance to State and local law enforcement for 

proper removal and disposal of hazardous materials at clandestine 

methamphetamine labs. The conference agreement provides 

$5,000,000 for training, technical assistance and grants to localities

with highest priority needs. The conference agreement adopts by 

reference the House report language concerning coordination with 

other Federal agencies. 

In addition, within the amount provided, the conferees expect 

the COPS Program Office, in consultation with DEA, to examine 

each of the following proposals, to provide grants if warranted, and 

to submit a report to the Committees on Appropriations on its intentions for each proposal: 

$1,500,000 for the Arizona methamphetamine program; 

$1,100,000 for the Five County Southeastern Utah Methamphetamine Project; 

$700,000 for Methamphetamine Enforcement for the State 

of Indiana; 

548

$1,050,000 for the Louisiana Methamphetamine Task 

Force; 

$750,000 to Prairie View Prevention Services in Sioux 

Falls, SD, to continue methamphetamine use prevention programs in South Dakota, and to facilitate integration of prevention and treatment services for at-risk youth; $1,500,000 to fund meth lab task forces in Iowa’s south 

central and east central counties; 

$300,000 for the Iowa Tank Lock Methamphetamine Initiative; 

$4,500,000 for Hawaii County Comprehensive Methamphetamine Response; $1,000,000 to continue the efforts of the Wisconsin Methamphetamine Initiative; $50,000 for the St. Croix, WI, District Attorney’s Office Initiative to Combat Methamphetamine; $600,000 for Marion County, OR, Methamphetamine Lab 

Surveillance and Seizure Program; $500,000 for the Virginia State Police to assist their efforts 

in combating methamphetamine; $300,000 for DeKalb, Cherokee, and Marion Counties, AL, 

for initiatives to combat methamphetamine; $3,000,000 for the California Department of Justice, Bureau of Narcotic Enforcement, for the California Methamphetamine Strategy (CALMS); $2,000,000 for the Washington State law enforcement 

methamphetamine initiative; $240,000 for the Southeast Missouri Drug Task Force; 

$2,200,000 for the Regional Methamphetamine Training 

Center in Sioux City, IA; $750,000 for methamphetamine enforcement and clean-up 

initiatives in Kansas for the Cowley County, Montgomery 

County, and Butler County Sheriffs’ Departments; $1,000,000 for the Methamphetamine Task Force in East 

Tennessee, to fight the spread of meth labs in this region, including $50,000 for a video conferencing program at the Hamilton County District Attorney’s Office; 

$200,000 for the Chilton County, AL, Sheriff’s Department 

to combat production and distribution of methamphetamine; 

$300,000 for the Henderson County, TN, Sheriff’s Department to combat production and distribution of methamphetamine; 

$500,000 for the Arkansas Methamphetamine Law Enforcement Initiative; 

$300,000 for the Riverside County, CA, Sheriff’s Department to combat production and distribution of methamphetamine; 

$300,000 for the Franklin County, MO, Sheriff’s Department for Operation CHEM; 

$100,000 for the Daviess County, KY, Sheriff’s Department 

to combat production and distribution of methamphetamine; 

$400,000 for the Oklahoma Bureau of Narcotics and Dangerous Drug Control Clandestine Laboratory Enforcement Program; 

549

$550,000 for the Kansas Bureau of Investigation to combat 

the production and distribution of methamphetamine; $300,000 for the Nebraska State Patrol to combat the production and distribution of methamphetamine; $300,000 for the Henderson, NV, Police Department for 

equipment and technologies to combat the production and distribution of methamphetamine; $700,000 for the Pennyrile Narcotics Task Force in KY; 

$70,000 for the Lawrence County, AL, Sheriff’s Office to 

assist their efforts against methamphetamine and narcotics 

production and distribution; $200,000 for Phoenix House for methamphetamine treatment programs in Los Angeles, CA; $250,000 for the Lincoln County, OR, methamphetamine 

project; $100,000 for the City of Columbia, SC, methamphetamine 

initiative; 

$100,000 for the Buffalo Trace/Gateway Narcotics Task 

Force to support a multi-jurisdictional task force methamphetamine training program; $750,000 for the Minot State University Rural Methamphetamine Education Demonstration Project; $100,000 for the Choctaw Nation methamphetamine initiative; 

$100,000 for the State of Hawaii, including Oahu, Maui 

County, and Kaua’i County, for methamphetamine initiatives. 

COPS Interoperable Communications Technology Program.— The conferees recommend $85,000,000 for the COPS Interoperable 

Communications Technology Program, in consultation with the Office of Science and Technology (OS&T) within the NIJ, as well as 

the Bureau of Justice Assistance (BJA). This program shall utilize 

the expertise of all three organizations to create a grant program 

that is highly responsive to the immediate needs of the State and 

local law enforcement community and that takes full advantage of 

the expertise and lessons learned from OS&T’s and BJA’s research 

and development in the field of interoperable law enforcement communications, particularly project AGILE. 

This program should address the critical need of law enforcement to improve cross-jurisdictional communication, intelligence 

and information sharing. Grants shall be exclusively available to 

law enforcement agencies. Consistent with the existing COPS grant 

programs, the COPS Interoperable Communications Technology 

Program should include a 25 percent local match requirement and 

be available to both rural and urban communities. 

Grants shall be available for both voice and data communications systems. Grants for voice communications systems shall be 

available for system upgrades and technologies to make existing 

communication systems compatible. Grants shall also be available 

for data communications systems to enhance law enforcement’s 

abilities to share intelligence and to integrate existing local law enforcement legacy databases. 

The COPS Office shall ensure that all grant awards comply 

with existing standards adopted by the OS&T, BJA and OLES. 

Within the funding provided, $1,000,000 shall be transferred to 

550

OLES to continue the development of a comprehensive suite of 

minimum standards for law enforcement communications. 

The conferees expect the COPS Office to work with State, local, 

and Federal agencies through the Global Justice Information Sharing Initiative to address the communications and intelligence needs 

of law enforcement. 

The conferees direct the COPS office to develop and submit to 

the Committees on Appropriations, no later than 45 days after the 

enactment of this Act, proposed guidelines for the program. 

Law Enforcement Technology Program.—The conference agreement includes $158,407,000 for the COPS Law Enforcement Technology Program. The conference agreement adopts by reference the 

House report language concerning standards. 

Within the amounts provided under this account, grants 

should be provided for the following: 

$2,000,000 for the Ohio Palmprint AFIS Program; 

$500,000 for forensics, crime scene collection, and drug detection abilities upgrades at the Sandy City, UT, Crime Lab; 

$500,000 for the Regional Crime Lab at Missouri Southern 

State College; 

$1,000,000 for Sam Houston State University to develop 

the Texas Center for Forensic Sciences, with a primary focus 

in the area of digital forensic science; 

$250,000 for Washoe County, NV, Sheriff’s Department of 

Forensics and DNA Analysis; 

$500,000 to establish a police science laboratory at Holyoke Community College, MA; 

$1,000,000 for Texas Tech University’s Institute for Forensic Sciences; 

$3,000,000 to the Louisville, KY, Regional Computer Forensic Laboratory; 

$1,000,000 to Allegheny County, PA, to improve its forensic laboratories; 

$1,000,000 to the University of Alabama at Birmingham’s 

Forensic Science Institute; 

$800,000 for the Ohio Attorney General’s Office Crime 

Laboratory System Improvement Project; 

$500,000 for medical examiner upgrades for the Jefferson 

County, AL, Medical Examiner’s Office; 

$450,000 to Brown University in Providence, RI, for a 

nanotechnology study of DNA sequencing methods; 

$3,300,000 for Marshall University’s Forensic Science Program; 

$1,500,000 to the South Carolina Law Enforcement Division for continued funding to support the growing State and 

local law enforcement needs in the only full service forensic 

laboratory in South Carolina; 

$1,000,000 for the Honolulu, HI, Police Department’s 

Crime Lab Improvements; 

$500,000 for planning, design, and equipment for the State 

of Vermont Forensic Laboratory; 

$400,000 for the Stamford, CT, Police Department for law 

enforcement technologies; 

551

$600,000 for Spokane, WA, Intelligence/Information Sharing Computer Systems; 

$2,000,000 for the UNH/Keene State College Public Safety 

Management System; 

$1,000,000 for the computer-aided dispatch system for 

Sedgwick County, KS; 

$400,000 for law enforcement communications equipment 

in Osceola, FL; 

$400,000 for a Technical Interoperability Project, NY; 

$175,000 to the Billings, MT, Police Department to enhance the mobile data technology to provide constant locations 

of all cars; 

$700,000 for equipment upgrades, City of Gary, IN; 

$500,000 for the City of Fairfield, CA, Police CAD/RMS 

Dispatch and Records Project; 

$2,277,000 to the Southeastern Law Enforcement Technology Center to partner with SPAWAR System Center 

Charleston to advance research and development into software 

radio technology; 

$475,000 for Salem County, NJ, for law enforcement communications equipment; 

$250,000 to Brown County, SD, to integrate communications systems with law enforcement; 

$250,000 to the South Dakota Police Chiefs’ Association 

and South Dakota Sheriffs’ Association for technology and 

equipment; 

$250,000 for the Adams County, IL, Sheriff’s Department 

to upgrade law enforcement and communication technologies 

and to modernize equipment; 

$1,050,000 for police technology grants to be equally divided between the cities of Barre, St. Albans, and Springfield, 

VT; 

$850,000 to the City of Greenville, SC, Police Department 

for communication system upgrades; 

$900,000 to the Southeastern Law Enforcement Technology Center for the deployment of shot spotter technology; 

$2,000,000 to the State of Alaska for training Village Public Safety Officers and small village police offices and acquisition of emergency response and search and rescue equipment 

for rural communities; 

$350,000 to the Newberry County, SC, Sheriff’s Department for the purchase of mobile data computers;

$350,000 to Abbeville, SC, Sheriff’s Department for mobile 

data computers and in-car cameras; 

$1,000,000 for a grant to the Southeastern Law Enforcement Technology Center’s Coastal Plain Police Communications initiative for regional law enforcement communications 

equipment; 

$300,000 for Spartanburg County, SC, for an advanced 

emergency communications system; 

$300,000 to the Union County, SC, Sheriff’s Department 

for mobile data computers and communications upgrades; 

552

$300,000 to the Greenwood County, SC, Sheriff’s Department for the purchase of mobile data computers and communications upgrades; 

$1,000,000 to the South Carolina Law Enforcement Division to continue funding for equipment to support a Federal 

and State collaboration of investigators and forensics experts to 

solve high technology crimes through one center; 

$350,000 to the Hampton County, SC, Sheriff’s Department for the purchase of computers and surveillance equipment necessary to patrol high crime areas of the county; 

$300,000 for the Jasper County, SC, Sheriff’s Department 

for the purchase of mobile data computers and in-car cameras; 

$2,500,000 to Berkeley, Charleston and Dorchester Counties, SC, for a shared information system for local law enforcement; 

$20,000 to the Yemassee, SC, Police Department for the 

purchase of radios and in-car cameras; 

$1,000,000 to the State of Wisconsin’s Office of Justice Assistance to create an integrated data-sharing system linking 

the criminal justice system throughout the State; 

$1,000,000 for Wayne County, MI, for communications 

equipment and to complete its Global Positioning System 

project; 

$635,000 for the Arkansas Justice Xchange Project; 

$900,000 for the Internet Project at the Criminal Justice 

Institute; 

$2,100,000 for the Wireless Network and Mobile Data Terminal Program in the City of Jackson, TN; 

$400,000 for the Colorado Sex Offender Registry; 

$500,000 to procure and evaluate Voice Monitoring and 

Logging equipment with embedded TACSCAN capability at 

designated locations; 

$50,000 for investigative capability of the Kansas Bureau 

of Investigation’s Computer Crime Section; 

$1,000,000 for the Enforcement Technology Program in the 

City of Macon, GA; 

$350,000 for VeriTracks in Georgia; 

$2,500,000 for the Harrison County, MS, Public Safety 

Automated Systems; 

$2,500,000 for the Land Mobile Radio project in Alaska; 

$750,000 for the Criminal Justice Information Integration 

Project, City of Minneapolis, MN; 

$1,500,000 for Harris County, TX, to purchase and install 

new interoperable radio hardware and software to provide and 

further enhance interoperable radio communications for public 

safety and first responders in the region; 

$1,000,000 for law enforcement training equipment, City of 

Council Bluffs, IA; 

$500,000 for Fairbanks, AK, Criminal Justice Data Sharing; 

$3,000,000 for the Consolidated Advanced Technologies for 

Law Enforcement (CAT lab) program at the University of New 

Hampshire; 

553

$1,000,000 to the City of Allentown, PA, to develop computer mapping and weekly accountability sessions; $125,000 for the Plymouth State College, NH, police department for technology upgrades; $1,250,000 for the Records Interoperability Initiative 

through the Consolidated Advanced Technologies for Law Enforcement; 

$3,000,000 for the J–ONE information system in New 

Hampshire; $2,500,000 to the Kenai Peninsula, AK, Borough Emergency Operations Center; $1,000,000 to the University of Kentucky’s Law School 

Electronic Access Project; $3,000,000 for technology and equipment for the New 

Hampshire Department of Safety Statewide Interagency Emergency Operations and Communications System Center; $2,000,000 to provide digital radio equipment and technology to the New Hampshire Department of Safety; $500,000 for the Matanuska Susitna, AK, Borough Emergency Response Radio Network; $2,000,000 for the Oklahoma Department of Public Safety 

for law enforcement equipment; $250,000 to the New Hampshire Police Standards and 

Training for technology and upgrades; $1,000,000 for a replacement communications system for 

Buchanan County, Missouri, the City of St. Joseph, and Heartland Health Law Enforcement Communications System; $2,000,000 for law enforcement technologies to be split 

evenly between the City of Tuscon, AZ, Police Department and 

the Cochise County, AZ, Police Department; $3,000,000 for the Stark County, OH, Sheriff’s Department 

for law enforcement technologies; $2,000,000 for a Regional Law Enforcement Technologies 

Program in Kentucky; 

$3,000,000 for the Simulated Prison Environment Crisis 

Aversion Tools for programs in Alabama, North Carolina and 

Pennsylvania; 

$100,000 for the New Orleans Metropolitan Crime Commission; 

$150,000 for the Rapides Parish, LA, Sheriff’s Department 

for law enforcement technologies; 

$250,000 for the Loudoun County, VA, Sheriff’s Department for law enforcement technologies; 

$62,000 for the Town of Herndon, VA, Police Department 

for information technology requirements; 

$500,000 for the Key West, FL, Police Department for law 

enforcement technologies; 

$50,000 for the Fauquier, VA, Sheriff’s Department for a 

mobile data system; 

$400,000 for the Fairfax County, VA, Police Department 

for law enforcement technologies; 

$2,000,000 for the Virginia Department of Criminal Justice Services, for the Integrated Criminal Justice Information 

System; 

554

$80,000 for Hanceville, Douglas, Arab, and Blount County, 

AL, Police Departments for law enforcement technologies; 

$2,000,000 for technology enhancements for law enforcement agencies in Middle Rio Grande Border Region of Texas; 

$2,000,000 for the Criminal Information Sharing Alliance 

Network; 

$500,000 for the Florida Department of Corrections for a 

system to electronically monitor criminal probationers and link 

their location to crime events; 

$1,000,000 for Carlsbad, CA, for the Automated Regional 

Justice Information System; 

$2,000,000 for I-SAFE America; 

$1,500,000 for the Morris County, NJ, Police Department 

for law enforcement technologies; 

$290,000 for Southside Virginia law enforcement agencies 

for law enforcement technologies; 

$750,000 for the Placer County, CA, Sheriff’s Department 

for law enforcement technologies; 

$500,000 for the Plumas County, CA, Sheriff’s Department 

for law enforcement technologies; 

$100,000 for the Pickaway County, OH, Sheriff’s Department for law enforcement technologies; 

$500,000 for the Great Cities University Coalition to improve criminal justice data systems; 

$250,000 for the City of Moultrie, GA, Police Department 

for law enforcement equipment; 

$500,000 for the Scott County, IL, Sheriff’s Department 

and the City of Winchester, IL, Police Department for law enforcement technologies; 

$750,000 for the East Valley Community Justice Center in 

CA; 

$250,000 for the San Bernardino, CA, Police Department 

for mobile data terminals; 

$17,000 for the Anchorage, KY, Police Department for law 

enforcement technologies; 

$100,000 for the Audubon Park, KY, Police Department for 

mobile data terminals and in-car video cameras; 

$25,000 for the Jeffersontown, KY, Police Department for 

in-car video cameras; 

$750,000 for the Louisville, KY, Metro Police Department 

for mobile data terminals, in-car video cameras and other law 

enforcement equipment; 

$500,000 for the Idaho State Police for mobile data computers; 

$500,000 for the Onondaga County, NY, Sheriff’s Office for 

crime fighting technologies including cameras and video equipment, and mobile data terminals; 

$125,000 for the City of Syracuse, NY, Police Department 

for mobile data terminals; 

$700,000 for the City of Clearwater, FL, Police Department for law enforcement technologies; 

$700,000 for the Pinellas County, FL, Sheriff’s Department 

for information technology equipment; 

555

$700,000 for the City of Largo, FL, Police Department for 

laptop computers for patrol cars; 

$1,000,000 for the Los Angeles County, CA, Sheriff’s Department for law enforcement technologies; 

$50,000 for the Wyoming and Livingston Counties, NY, 

Sheriffs’ Departments for law enforcement technologies; 

$590,000 for Greene County, MO, for law enforcement 

technologies including an integrated justice system, video 

equipment for courtrooms, and information technologies for 

law enforcement;

$350,000 for Carl Junction, MO, for law enforcement technologies; 

$1,000,000 for Greater Harris County, TX, for in-car police 

technologies; 

$523,000 for St. Charles, IL, Police Department for law enforcement technologies; 

$150,000 for the Hernando County, FL, Sheriff’s Office for 

law enforcement technologies; 

$250,000 for the Hanover County, VA, Sheriff’s Office for 

law enforcement technologies; 

$125,000 for the Town of Culpeper, VA, Police Department 

and the Culpeper County VA, Sheriff’s Office for law enforcement technologies; 

$75,000 for the Louisa County, VA, Sheriff’s Office for law 

enforcement technologies; 

$50,000 for the Page County, VA, Sheriff’s Office for law 

enforcement technologies; 

$300,000 for the Lake County, IL, Integrated Criminal 

Justice Information System; 

$250,000 for the York County, VA, Sheriff’s Department 

for law enforcement technologies; 

$250,000 for the Stafford County, VA, Sheriff’s Department for law enforcement technologies; 

$100,000 for the Chesterfield County, VA, Police Department for law enforcement technologies; 

$200,000 for the City of Suffolk, VA, Police Department for 

law enforcement technologies; 

$200,000 for the City of Chesapeake, VA, Police Department for law enforcement technologies; 

$40,000 for the Northampton County, VA, Sheriff’s Office 

for in-car video cameras; 

$50,000 for the Accomack County, VA, Sheriff’s Office for 

in-car video cameras; 

$410,000 for the Virginia Beach Police Department for law 

enforcement technologies; 

$100,000 for the St. Clair County, AL, Sheriff’s Department for law enforcement technologies; 

$100,000 for the Jefferson County, AL, Sheriff’s Department for law enforcement technologies; 

$3,000,000 for Law Enforcement On-Line; 

$300,000 for the Frederick County, MD, Sheriff’s Office for 

law enforcement technologies; 

$3,000,000 for the Center for Criminal Justice Technology; 

556

$250,000 for Prince William County, VA, for a regional 

booking system; 

$100,000 for the Lincoln County, NC, Sheriff’s Office for 

mobile data terminals; 

$100,000 for the Rutherford County, NC, Sheriff’s Office 

for laptop computers; 

$100,000 for the Cleveland County, NC, to establish video 

arraignment capabilities; 

$200,000 for the City of Murrieta, CA, Police Department 

for mobile data terminals; 

$300,000 for the Saginaw Chippewa Tribal Police Force; 

$80,000 for the City of Charles Town, WV, for an electronic booking, fingerprint, and live scan systems and mobile 

data terminals; 

$500,000 for the Cincinnati, OH, Police Department for a 

records management system; 

$200,000 for the Loudon County, TN, Police Department 

for mobile data terminals; 

$180,000 for the City of Oviedo, FL, Police Department for 

law enforcement technologies; 

$50,000 for the Hillsborough, NJ, Police Department for 

mobile data terminals; 

$160,000 for the Clark County, KY, Sheriff’s Department 

for law enforcement technologies; 

$500,000 for the Cobb County, GA, Sheriff’s Department 

for a multi-level law enforcement technology system; 

$500,000 for a consolidated law enforcement network for 

Rockingham County, VA, and the City of Harrisonburg, VA; 

$250,000 for Lumber River, NC, for law enforcement technologies; 

$250,000 for the Cabarrus County, NC, Sheriff’s Department for a records management system; 

$250,000 for Cape Fear, NC, for mobile data terminals for 

law enforcement; 

$200,000 for the Maitland, FL, Police Department for mobile data terminals; 

$750,000 for the St. Clair, MI, Sheriff’s Department for 

law enforcement technologies; 

$200,000 for the City of Greenville, NC, Police Department 

for mobile data terminals; 

$20,000 for the Madison Township, OH, Police Department 

for mobile data terminals; 

$300,000 for the Sacramento County, CA, Sheriff’s Department for IT infrastructure upgrades including the Sheriff’s Information Management System; 

$300,000 for the City of Lancaster, PA, Police Department 

for law enforcement technologies; 

$250,000 for the County of Contra Costa, CA, for an integrated justice information system; 

$235,000 for the Navajo Nation in Arizona for law enforcement technologies; 

$235,000 for the San Carlos Tribe in Arizona for law enforcement technologies; 

557

$40,000 for Yavapai County, AZ, for law enforcement technologies; 

$300,000 for the City of West Palm Beach, FL, Police Department for law enforcement technologies; 

$250,000 for the City of Gainesville, FL, Police Department and the Alachua County Sheriff’s Office for a crime data 

and mapping system; 

$250,000 for the Cities of Bayamon and Guaynabo, PR, for 

enhanced law enforcement and crime prevention capabilities; 

$300,000 for the Manchester Township, NJ, Police Department for law enforcement technologies; 

$137,000 for the Hamilton Township, NJ, Police Department for law enforcement technologies; 

$300,000 for Kalamazoo County, MI, for an integrated justice management system; 

$300,000 for Kankakee County, IL, for an integrated criminal justice system; 

$500,000 for the Sandy City, UT, Police Department and 

Justice Court for law enforcement technology improvements; 

$500,000 for the Calvert County, MD, Sheriff’s Department for squad car mobile data terminals; 

$1,000,000 for the Maryland State Police Department for 

a police vehicle technology system; 

$750,000 for the City of San Francisco, CA, to implement 

the Justice Information Tracking System; 

$1,000,000 for San Francisco, CA, Bay Area law enforcement technology systems; 

$1,000,000 for the City of Bastrop, LA, for law enforcement 

technology enhancements; 

$255,000 for the Suffolk County, NY, Police Department 

for law enforcement technology; 

$500,000 for the City of Des Moines, IA, for law enforcement technology; 

$40,000 for the Whitpain Township, PA, Police Department for law enforcement technologies; 

$250,000 for the Philadelphia, PA, Police Department for 

law enforcement technologies; 

$500,000 for Clackamas County, OR, for law enforcement 

technologies; 

$250,000 for Luzerne County, PA, for law enforcement 

technologies;

$300,000 for the Cities of Sumas, Lynden, and Blaine, WA, 

for law enforcement technologies; 

$750,000 for the Snohomish County, WA, Sheriff’s Department for palm-imaging technology; 

$500,000 for the City of Macon, GA, Police Department for 

law enforcement technologies; 

$50,000 for the Town of Lexington, AL, Police Department 

for law enforcement technologies; 

$600,000 for the Cumberland, RI, Police Department for 

technology upgrades; 

$250,000 for the North Providence, RI, Police Department 

for law enforcement technologies; 

558

$2,000,000 for the City of Minneapolis and Hennepin 

County, MN, for law enforcement technologies; 

$500,000 for AMBERVIEW; 

$500,000 for the Steganography Analysis and Research 

Center; 

$750,000 for the Kitsap County, WA, Sheriff’s Department 

for law enforcement technologies; 

$300,000 for the Erie County, OH, Sheriff’s Department 

for technology improvements; 

$150,000 for the Lucas County, OH, Sheriff’s Department 

for technology improvements; 

$100,000 for the Town of Greenburgh, NY, Police Department for law enforcement technologies; 

$125,000 for the Town of Haverstraw, NY, for a targeting 

technology project; 

$30,000 for the Village of Rye Brook, NY, for law enforcement technology equipment; 

$38,000 for the Village of Tuckahoe, NY, Police Department for law enforcement technology; 

$280,000 for Westchester County, NY, for law enforcement 

equipment; 

$420,000 for the Counties of Westchester and Rockland, 

NY, for law enforcement technologies; 

$210,000 for California University of Pennsylvania for support of the Crime Mapping Center; 

$500,000 for Somerset, Fayette, Greene and Washington 

Counties, PA, for law enforcement technologies; 

$125,000 for the West Springfield, MA, Police Department 

for technology upgrades; 

$350,000 for the Worcester County, MA, Sheriff’s Office for 

technology upgrades; 

$100,000 for the Pittsfield, MA, Police Department for 

technology upgrades; 

$300,000 for the Lake County, IN, Sheriff’s Deptment for 

law enforcement technologies; 

$300,000 for the Porter County, IN, Sheriff’s Office for law 

enforcement technologies; 

$500,000 for the Arkansas State Police for law enforcement technologies; 

$100,000 for Georgia State University to implement an Improved Crime Data system; 

$500,000 for the Marion County, SC, Sheriff’s Department 

to implement a records management system; 

$500,000 for the Shelton, CT, Police Department for law 

enforcement technologies; 

$100,000 for the Woodbridge, CT, Police Department for 

law enforcement technologies; 

$250,000 for the City of Dallas, TX, for law enforcement 

technologies; 

$500,000 for the University of Texas at Arlington to conduct law enforcement research; 

$500,000 for Tompkins County, NY, for law enforcement 

technologies; 

559

$150,000 for the Worcester Polytechnic Institute for the 

development of law enforcement technologies; 

$250,000 for the Phoenix, AZ, Police Department for law 

enforcement technologies; 

$250,000 for the Chapel Hill and Cary, NC, Police Departments to provide in-car video cameras and other law enforcement technologies; 

$150,000 for Bergen County, NJ, for law enforcement technologies; 

$250,000 for the City of Madison, WI, for law enforcement 

technology upgrades; 

$200,000 for the City of Sun Prairie, WI, for law enforcement technologies; 

$200,000 for Westchester County, NY, for a Criminal Justice Data Warehouse; 

$100,000 for the Milwaukee County, WI, Sheriff’s Department for upgrading their mobile data computer system; 

$500,000 for Hudson County, NJ, for law enforcement 

technologies; 

$150,000 for the City of Pomona, CA, for law enforcement 

technologies; 

$300,000 for the El Paso, TX, Sheriff’s Department for law 

enforcement technology upgrades; 

$200,000 for the City of Lakewood, CA, Sheriff Station for 

technology improvements; 

$50,000 for the City of Fullerton, CA, for law enforcement 

technologies; 

$200,000 for the West Covina, CA, Police Department for 

law enforcement technology improvements; 

$100,000 for the Henderson, NC, Police Department for 

law enforcement technologies; 

$200,000 for the California Highway Patrol for law enforcement technology upgrades; 

$100,000 for the City of Portland, OR, Police Department 

for law enforcement technologies; 

$150,000 for the San Luis Obispo, CA, County Sheriff’s Department for law enforcement equipment; 

$100,000 for the Government of the Virgin Islands for law 

enforcement technologies; 

$300,000 for the City of Detroit, MI, for law enforcement 

technologies; 

$100,000 for the City of San Diego, CA, for law enforcement technologies; 

$100,000 for the City and County of Denver, CO, for law 

enforcement technologies; 

$150,000 for the City of Austin, TX, Police Department for 

technology improvements; 

$100,000 for the Borough of Spotswood, NJ, for law enforcement technologies; 

$45,000 for West Windsor Township, NJ, for law enforcement technologies; 

$30,000 for the Grand Coteau, LA, Police Department for 

law enforcement technologies; 

560

$50,000 for the Lafayette, LA, Police Department for law 

enforcement technologies; $20,000 for the Sunset, LA, Police Department for law enforcement technologies; $100,000 for Jefferson County, TX, for law enforcement 

technology upgrades; $300,000 for Sacramento County, CA, for law enforcement 

technologies; $100,000 for the Jackson County, MO, Sheriff’s Department for law enforcement technologies; $100,000 for the City of St. Paul, MN, Police Department 

for law enforcement technologies; $100,000 for the City of Baltimore, MD, Police Department 

to install in-vehicle video cameras; 

$200,000 for the Missouri Police Chiefs Association for law 

enforcement technology upgrades; $50,000 for Nevada County, AR, for law enforcement technologies; $100,000 for the Little Rock, AR, Police Department for 

law enforcement technologies; $100,000 for Tega Cay, SC, for law enforcement technologies; $250,000 for Charlevoix-Cheboygan-Emmett, MI, for law 

enforcement technologies; $100,000 for the Jackson County, MS, Sheriff’s Department for law enforcement technologies; $100,000 for the City of Jackson, MS, for law enforcement 

technologies; $100,000 for the Essex County, MA, Sheriff’s Department 

for law enforcement technologies; $100,000 for ‘‘A Child Is Missing’’ for telephony research to 

locate missing persons; $100,000 for the City of Rockville, MD, for law enforcement technologies; 

$100,000 for the University of Southern California Advanced Simulation Training for law enforcement research; 

$100,000 for the Haverhill, MA, Police Department for law 

enforcement technologies for the Crime Analysis Unit; 

$100,000 for the Minnesota Association of County Probation Officers for law enforcement technologies; 

$100,000 for the City of Evanston, IL, for law enforcement 

technologies; 

$100,000 for Sumner, Macon, Bedford, Robertson, Wilson, 

and Putnam (TN) Counties for law enforcement technologies; 

$100,000 for the Long Beach, CA, Police Department for 

law enforcement technologies; 

$100,000 for the City of Inglewood, CA, for law enforcement technologies; 

$100,000 for the City of Santa Rosa, CA, for law enforcement technologies; 

$100,000 for the State of North Carolina for law enforcement technologies; 

$100,000 for the Milburn, NJ, Police Department for law 

enforcement technologies. 

561

Crime Identification Technology Act.—The conference agree- ment includes $24,226,000 for the Crime Identification Technology 

Act program, of which $5,000,000 shall be available for the Safe 

Schools Technology program. The Committee has provided $2,500,000 for the Alaska Criminal Justice Information System to integrate Federal, State and 

local criminal records along with social service and other records. 

It expects the system design to include the capability to provide 

background checks on potential child care workers for child care 

providers and families with the permission of the job applicant. 

The State should consult with the National Instant Check System 

for technical expertise. Within the overall amounts recommended, 

the conferees expect OJP to examine each of the following proposals, to provide grants if warranted, and to submit a report to 

the Committees on Appropriations on its intentions for each proposal: $4,000,000 for West Virginia University’s Forensic Identification Program; $1,500,000 for the South Carolina Law Enforcement Division [SLED] to continue funding for necessary equipment for 

SLED’s criminal justice information system; to convert existing 

databases and integrate systems for accurate and rapid processing of information to support identifications for criminal and 

civilian purposes; $9,400,000 for the South Carolina Judicial Department to 

continue purchasing equipment for the integration of the case 

docket system into a state-of-the-art comprehensive database 

to be shared between the court system and law enforcement; $500,000 for the Minnesota Department of Public Safety’s 

CriMNet system; $1,000,000 for the establishment of a forensic DNA analysis lab at North Dakota State University; $170,000 for the Case Management/Central Docketing System in Kansas; 

$600,000 for the Orem City, UT, Consolidated Records 

Management System; and 

$56,000 for the Kansas Telephone-Toll Analysis System. 

DNA Initiative.—The conference agreement includes 

$100,000,000 for a DNA initiative of which $55,000,000 shall be for 

eliminating the casework backlog; $5,000,000 shall be for eliminating the offender backlog; $30,000,000 shall be for strengthening 

crime lab capacity; $5,000,000 shall be for training the criminal 

justice community; and $5,000,000 shall be for using DNA to identify missing persons. 

Improving Forensic Capabilities.—In addition to funding provided for the DNA initiative, the conference agreement provides 

$10,000,000 for Paul Coverdell Forensic Sciences Improvement 

grants. 

The National Institute of Justice [NIJ], in conjunction with its 

own Office of Science & Technology, the American Society of Crime 

Lab Directors, the American Academy of Forensic Sciences, the 

International Association for Identification, and the National Association of Medical Examiners, is directed to develop a plan which 

will address the needs of the crime lab and medical examiner comVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00565 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
562

munity beyond the ‘‘DNA Initiative’’ and report back to the Committees on Appropriations no later than 180 days from the date of 

enactment of this Act. The report should address the following: (1) 

manpower and equipment needs; (2) continuing education policies; 

(3) professionalism and accreditation standards; and (4) the level of 

collaboration needed between Federal forensic science labs and 

State/local forensic science labs for the administration of justice. 

Southwest Border Prosecutors.—The conference agreement in- cludes $30,000,000 for the Southwest Border Prosecutors initiative. 

The conference agreement adopts by reference the House report 

language directing the Department to study whether a similar 

number of cases are being referred to local prosecutors from Federal arrests along the Northern border. The Department shall report its findings to the Committees on Appropriations within 90 

days of enactment of this Act. 

Safe Schools Initiative.—The conference agreement includes $4,600,000 for programs aimed at preventing violence in public 

schools, and to support the assignment of officers to work in collaboration with schools and community-based organizations to address the threat of terrorism, crime, disorder, gangs, and drug activities. 

Within the amount provided, the COPS office should examine 

each of the following proposals, provide grants if warranted, and 

submit a report to the Committees on Appropriations on its intentions for each proposal: 

$750,000 for Alaska’s Community in Schools Mentoring 

Program;

$1,000,000 for the University of Montana to facilitate a 

statewide community-based curriculum development initiative 

that promotes responsible behavior and reduces youth violence 

in schools and communities; 

$250,000 to the Sioux Falls School District, in Sioux Falls, 

SD, for the Department of Corrections to School Transition 

Project; $250,000 for the Rock Island County, IL, Regional Office 

of Education to implement the Step Ahead Program; $500,000 for the New England Amer-I-Can Program; 

$150,000 for the Uhlich Children’s Home, IL, to support its 

school-based violence prevention, mentoring, leadership, and 

training programs; $1,500,000 to provide community-based, cost effective alternative programs for juveniles who are, have been or may be 

subject to compulsory care, supervision or incarceration in public or private institutions in several States including South 

Carolina; 

$200,000 for the Merit School of Music’s after-school program. 

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION

PROGRAMS

The conference agreement includes $387,629,000 for violence 

against women prevention and prosecution programs as proposed 

by the House. The Senate bill provided funding for these programs 

under the State and Local Law Enforcement Assistance account. 

563

The following table outlines the funding provided in the conference 

agreement:

[In thousands of dollars] 

Program Conference 

STOP Grants .......................................................................................... $168,334

(National Institute of Justice—R&D) ........................................... (5,200) 

(Safe Start Program) ...................................................................... (10,000) 

(Bureau of Justice Statistics) ......................................................... —

CASA (Special Advocates) ..................................................................... 11,897

Training for Judicial Personnel ............................................................ 2,281

Grants for Televised Testimony ........................................................... 994

Grants to Encourage Arrest Policies .................................................... 64,503

Rural Domestic Violence Assistance Grants ....................................... 39,685

Training Programs ................................................................................. 4,957

Stalking Database ................................................................................. 2,981

Violence on College Campuses .............................................................. 9,935

Civil Legal Assistance ........................................................................... 39,740

Elder Abuse Grant Program ................................................................. 4,968

Safe Haven Project ................................................................................ 14,903

Transitional Housing ............................................................................. 15,000

Educ. & Training for Disabled Female Victims .................................. 7,451

Total ............................................................................................. 387,629

JUVENILE JUSTICE PROGRAMS

The conference agreement includes $352,700,000 for Juvenile 

Justice programs, instead of $462,282,000 as proposed by the 

House and $232,330,000 as proposed by the Senate. The conference 

agreement provides for the following programs:

Juvenile Justice Programs 

[In thousands of dollars] 

Amount 

Management/Administration ................................................................ $3,600

Part B—Formula Grants ....................................................................... 84,000

Part D—Research, Eval., Tech. Assist. & Training ............................ 2,500

Part E—Developing New Initiatives .................................................... 79,600

Title V—Incentive Grants ..................................................................... 80,000

(Tribal Youth) ................................................................................. (10,000) 

(Gang Prevention) ........................................................................... (20,000) 

(Enforcing Underage Drinking Laws) ........................................... (25,000) 

(Big Brothers and Big Sisters) ...................................................... (6,000) 

Project Sentry ........................................................................................ 15,000

Secure Our Schools Act ......................................................................... 10,000

Victims of Child Abuse Act Programs .................................................. 13,000

Juvenile Accountability Block Grant Program .................................... 60,000

Project ChildSafe ................................................................................... 5,000

Total ............................................................................................. 352,700

State Formula Grants.—The conference agreement includes $84,000,000 for the Part B—State Formula grants. The conferees 

ask Governors and relevant State and local officials to review the 

following proposals and provide grants if warranted: A Child Is 

Missing Program in Rhode Island; After School Program, YMCA of 

Greater Indianapolis; Alabama Community Intensive Treatment 

Program; Azalea Road Park Program in North Carolina; Beating 

the Odds Program of Pennsylvania; Boys and Girls Home of Nebraska Juvenile Justice Programs; Words Can Heal Program of 

Colorado; New York City High Risk Neighborhood Delinquency Reduction Program; Disproportionate Minority Youth Confinement 

564

Pilot of Michigan; California Law Enforcement Internet Safety for 

Children; Champ Chicota Youth Mentoring Program in Louisiana; 

Children Who Witness Violence Program, Cleveland, Ohio; Children’s Law Center of Maine; Community Empowerment Association’s ‘Friend–2–Friend’ Mentoring Program of Pennsylvania; Community Juvenile Justice Center of Montana; Community Outreach 

to Low-Income Families, Main Street Counseling of Orange, New 

Jersey; Comprehensive Child Abuse Center of Virginia; Family 

First Foundation of Pennsylvania; Iowa YMCA Rural Youth Mentoring Initiative; Juvenile Justice Center at Suffolk University; 

Leadership Academy, Abbeville, Alabama; Life Directions Peer 

Mentoring Partnership of Oregon; Louisiana Youth Seminar; Marion County, Oregon Juvenile Co-Occurring Disorders Pilot Project; 

Maine KidsPeace Therapeutic Foster Care Offices; Milwaukee 

Summer Stars; Kansas Temporary Lodging for Children Program; 

Milwaukee Youth Empowerment Sites; North Carolina KidsPeace 

Therapeutic Foster Care; Nevada Gang Database; New Mexico Cooperative Extension After-School Program; Omaha Council Bluffs 

Metropolitan YMCA; Our Club Program, Pulaski County, Arkansas 

Council for Children and Youth Services; Program for At Risk 

Youth, Greater Miami Tennis Foundation; Project Youth Anti-Violence Education in Kansas; Relief Nursery Services to Children of 

Incarcerated Parents in Oregon; River Rangers After-School Program of Rhode Island; Safer Learning Center of Illinois; SPEAK 

UP Hotline in New York; STOP the Violence—Students Taking On 

Prevention of California; Teen Angels program in New Jersey; The 

Restitution Earned, Accountability Learned Program in Nevada; 

New York City Commercial Sexual Exploitation of Children Program; Tuscaloosa YMCA At-Risk Youth Program; University of 

Delaware’s Center for Drug and Alcohol Studies; Urban League of 

Eastern Massachusetts After-School Program; Youth Shelter 

Project in Clatsop County, Oregon; and Youth, Prepared for Success, New Jersey Council of Urban Leagues. 

Discretionary Grants.—The conference agreement includes 

$79,600,000 for part E programs. Within the amounts provided, 

OJP is expected to review the following proposals, provide grants 

if warranted, and report to the Committees on Appropriations on 

its intentions. 

$423,000 for improvements to the Juvenile Justice Information System in the State of Hawaii; 

$2,000,000 for the First Tee program; 

$310,000 for the Tuscaloosa YMCA At-Risk Youth Program; 

$2,000,000 for the Alaska Child Abuse Investigation Program; 

$4,000,000 for the Eisenhower Foundation for the Youth 

Safe Haven program; 

$1,000,000 for Missouri Juvenile Justice Information System; 

$25,000 for the Capitol Area Boy Scouts; 

$150,000 for the Leadership Academy, Abbeville, Alabama; 

$600,000 for the Alaska Children’s Trust; 

$547,000 for the National Child Protection Development 

and Training Center at Winona State University; 

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$750,000 to the Alaska Mentoring Demonstration Project; 

$375,000 for the YMCA of Albuquerque, NM, for afterschool programs for at-risk children; $600,000 for the Birmingham Educational Technology Center; 

$3,000,000 for the Cal Ripken Sr. Foundation for youth 

prevention programs aimed at leadership, teamwork, and drug 

prevention; $100,000 for the City of Wrangell, AK, Youth Court; 

$750,000 for Court House, Inc. Youth Programs, CO; 

$1,500,000 for the Crimes Against Children Research Center, NH; 

$2,000,000 to expand and replicate the Girl Scouts’ Beyond 

Bars and PAVE programs; $1,500,000 for the Girls and Boys Town USA National 

Projects; $5,000,000 for continuation and expansion of the Junior 

Achievement program; $500,000 for the Juvenile and Offender Treatment and 

Prevention Project in Tulsa County, OK; $400,000 for the juvenile fire setting prevention program; 

$500,000 for LOVE Social Services in Fairbanks, AK; 

$600,000 for Pennsylvania’s Martin Luther King, Jr. Center for Non-Violence to continue its Life Skills program which 

enables students to work alongside business and industry mentors; 

$1,900,000 for the National, Coordinated Law-Related 

Education program; $300,000 for the Ohio Attorney General’s Office Amber 

Alert/SORN Program; $300,000 for the Open Door Youth Gang Alternative; 

$250,000 to Opportunities Industrialization Centers of 

America [OIC] for a program that works with adjudicated 

youth and provides alternative sentencing and job skills; 

$500,000 for the outdoor education and outreach program 

run by the Daniel Webster Council of the Boy Scouts of America; 

$50,000 for operations at the Prevent Child Abuse New 

Hampshire program; 

$150,000 for the Teen Shelter Project in Alabama; 

$1,000,000 to Western Kentucky University Spotlight 

Youth; 

$800,000 for the Youth Violence Prevention Research 

Project at the University of South Alabama; 

$350,000 for the Rialto, CA, Police Activities League [PAL] 

Program; 

$250,000 for prevention of the commercial sexual exploitation of children; 

$300,000 for the Wynona Lipman Child Advocacy Center 

in Newark, NJ; 

$200,000 for Covenant House New Jersey for its Rights of 

Passage Program; 

$250,000 to the Oglala Sioux Tribe in Pine Ridge, SD, for 

the Flowering Tree program; 

566

$250,000 to Our Home, Inc. in Huron South Dakota for 

programming and equipment at its Parkston, SD, juvenile 

group care facility; $300,000 for the Los Angeles, CA, CLEAR Program; 

$300,000 for the Iowa Child Advocacy Domestic Violence 

Initiative; 

$2,000,000 for the South Carolina Truancy and Dropout 

Prevention Initiative; 

$750,000 to the Low Country Children’s Center in South 

Carolina for continued support for a collaborative effort among 

local organizations in Charleston that provide full services to 

children who have been abused; 

$300,000 to the Vermont Children Forum; 

$250,000 to Prevent Child Abuse Vermont to test its child 

abuse prevention model on a state-wide basis; $245,000 to South Dakota Coalition for Children; 

$75,000 for the Children’s Treatment Program in the Sioux 

Falls Rape and Domestic Abuse Center; $500,000 for the State of Wisconsin Office of Justice Assistance to create a program that provides services to children 

who witness adult domestic violence; 

$900,000 to the Wisconsin Families and Schools Together 

[FAST] program; $900,000 for the Wisconsin Safe and Sound Program based 

in Milwaukee, WI; 

$300,000 for the Milwaukee Summer Stars; 

$200,000 to the Rutland, VT, Area Prevention Coalition; 

$300,000 for Project Return—Washington County, VT; 

$150,000 for the City of Battle Creek, MI, to implement 

the Around the CLOCK program; $100,000 to the Omaha Boys and Girls Club Gang Prevention Project; $1,400,000 for the Las Vegas, NV, Family Development 

Foundation; 

$1,750,000 for the National Council of Juvenile and Family 

Court Judges; 

$100,000 for the Grant Sawyer Center for Justice Studies 

at the University of Nevada, Reno;

$250,000 for the Saginaw Youth Program; 

$250,000 for the Multnomah County Oregon Children’s Receiving Center; 

$350,000 for the Recovery and Progress Drug Court: 

Breaking the Cycle of Juvenile Drug Abuse; 

$600,000 for the Northwestern University’s Juvenile 

Project; 

$1,000,000 for World Vision for at-risk youth programs; 

$2,000,000 for Parents Anonymous; 

$624,000 for the Teens, Crime and Community program; 

$250,000 for the Family, Career, and Community Leaders 

of America ‘Stop the Violence’ program; 

$300,000 for Prevent Child Abuse America for the programs of the National Family Support Roundtable; 

$40,000 for Partnership for Prevention for juvenile delinquency prevention programs; 

567

$500,000 for Learning for Life; 

$350,000 for the Virginia Attorney General’s Office for 

Class Action and other educational programs in Virginia 

schools; 

$3,000,000 for the Hamilton Fish National Institute on 

School and Community Violence; 

$1,000,000 shall be for a national conference on domestic 

trafficking and prostitution. This conference, to be led by the 

Department of Justice, shall include participation from Federal, State and local prosecutors and law enforcement, as well 

as nongovernmental organizations and community leaders. 

Over the past several years, the conferees have provided a significant level of resources to the Department of State to combat 

international human trafficking. This national conference shall 

begin to address the problems of trafficking and prostitution 

within the United States; 

$500,000 for the Farmington Children’s Home for delinquency prevention programs; 

$202,000 for the Comin’ Up youth gang prevention program; 

$250,000 for Detroit Rescue Mission Ministries for a youth 

corrections program; 

$250,000 for a gambling addiction prevention program for 

at-risk youth in Peoria, IL; 

$250,000 for the IMPACT/Night Light Program in San 

Bernardino County, CA, to team police officers with probation 

officers to reduce juvenile crime; 

$750,000 for the Child Endangerment Response Coalition 

in Spokane, WA; 

$100,000 for the Center for Women and Children, Inc. for 

a child abuse prevention program; 

$250,000 for the Healing Tree Program for collaborative efforts with law enforcement to prevent child abuse; 

$250,000 for the Best Friends Foundation for delinquency 

prevention programs; 

$300,000 for the Community Prosecuting Attorney Service 

System—Safe School Initiative; 

$500,000 for St. Petersburg, FL, for a delinquency prevention program; 

$400,000 for the YMCA of Suncoast in Dunedin, FL, for an 

at-risk youth program; 

$250,000 for the Pinellas County, FL, Police Athletic 

League; 

$250,000 for the CASA program in St. Petersburg, FL; 

$500,000 for the Florida Gulf Coast University Interagency 

Family Assessment Team program for at-risk youth; 

$200,000 for the Will County, IL, Children’s Advocacy Center; 

$250,000 for the Gracious Promise Foundation for Project 

Incarceration Cycle Escape for Kids; 

$500,000 for the ARISE Foundation; 

$300,000 for an at-risk youth program in Harrison Township in Allegheny County, PA; 

568

$100,000 for Laurinburg, NC, for a juvenile delinquency 

program; $300,000 for the University of Connecticut for a juvenile 

delinquency prevention program; $250,000 for the Residential Care Consortium for delinquency prevention programs; $300,000 for the Yellowstone Boys and Girls Ranch for delinquency prevention programs; $425,000 for Monroe County, NY, for a juvenile justice integration initiative; $250,000 for the Casita Maria After-School Program and 

Day Camp for at-risk youth; $200,000 for the Mary Mitchell Family and Youth Center 

to fund programs for at-risk youth; $200,000 for Suffolk County, NY, for the District Attorney’s anti-gang initiative; $400,000 for the City of Florence, KY, for the SAFE 

Schools Model City program; $500,000 for the Granite, UT, School District’s COALITIONS Project for at-risk youth; $500,000 for the Pine Tree Legal Center’s Children’s Law 

Project (CLP) for the State of Maine; $200,000 for Girls Incorporated of Huntsville, AL, to work 

with at-risk youth; $250,000 for the National Children’s Advocacy Center; 

$100,000 for the Northwest Alabama Children’s Advocacy 

Center in Florence, AL; 

$100,000 for the ‘‘The Teen Shelter’’ in Huntsville, AL, to 

work with at-risk youth; $200,000 for ‘‘Philadelphia Safe & Sound’’ to expand its 

Youth Violence Reduction Partnership in Philadelphia, PA; $250,000 for the Father’s Day Rally Committee of Philadelphia, PA, to support youth violence interdiction programs; $250,000 for Lucas County, OH, for the Community Mentoring Partnership for Juveniles; 

$250,000 for the Appalachia Juvenile and Family Rural 

and Mining Crisis Program; 

$150,000 for Fitchburg, MA, for the Montachusett Opportunity Council Program for At-Risk Youth; 

$100,000 for Orange, MA, for the Quabbin Mediation 

Youth Violence Prevention Project; 

$100,000 for the State of Indiana for the ‘‘No Workshops, 

No Jumpshots’’ Program; 

$100,000 for the Big Brothers and Big Sisters of South 

Georgia for ‘‘Buddies in School’’; 

$50,000 for Americus and Sumter County, GA, for the ‘‘Visions for Sumter’’ program; 

$75,000 for the Urban League of Greater Columbus, GA, 

for the Chattahoochee Court Appointed Special Advocate Program; 

$250,000 for Youth Crime Watch of America; 

$500,000 for the City of Macon, GA, for services for firsttime juvenile offenders and to address crime, gang, and drug 

problems; 

569

$50,000 for Valdosta Technical College for ‘‘Roadmap to 

Success’’ to support at-risk youth; $200,000 for the Overtown Youth Center in Miami, FL, for 

programs to support at-risk youth; $250,000 for Chicago, IL, Public Schools for the ‘‘AfterSchool Counts’’ and ‘‘After-School Matters’’ programs; $150,000 for the Erikson Institute to develop the Clinical 

Assessment and Early Learning Center in Chicago, IL; $100,000 for the Village of Riverdale, IL, for the Youth 

Intervention Program; $300,000 for the ‘‘Operation Quality Time’’ program for atrisk youth in Phoenix, AZ; $25,000 for Secaucus, NJ, to enhance school safety; 

$35,000 for Palisades Park, NJ, to enhance school safety; 

$100,000 for the City of Downey, CA, for an anti-gang program; $500,000 for a demonstration project to examine racial disparities in local juvenile justice systems under Part D and Part 

E of the JJDPA; 

$250,000 for Huntington Park, CA, for juvenile assistance 

activities at the Police Department Regional Youth Center; $250,000 for the Los Angeles, CA, LA’s BEST After School 

Enrichment Program; $375,000 for Long Island University, Tilles Center for the 

Performing Arts for arts programs for at-risk children; $50,000 for the Studio LAB in Los Angeles, CA, for the 

‘‘Central City Gardens Initiative’’; $100,000 for the Cypress Park Youth and Family Center 

in Los Angeles, CA, for programs for at-risk youths; $100,000 for El Centro Del Pueblo youth programs; 

$100,000 for A Place Called Home in Los Angeles, CA, for 

the expansion of the ‘‘Creative Expression’’ program; $500,000 for Soundview Community in Action to expand 

and develop additional outreach programs for at-risk youth in 

the South Bronx; 

$100,000 for the Long Island City/Vanderbilt YMCA’s 

‘‘Strong Sisters United’’ program; 

$100,000 for Queens, NY, for a youth development program to help at-risk youth; 

$314,000 to expand and enhance programming for at-risk 

youth in New York, NY; 

$250,000 for the ‘‘Dispelling Problem Behaviors in Adjudicated Teens and At-Risk Youth’’ initiative in the Barrio of 

Corpus Christi, TX; 

$300,000 for the Brooklyn Academy of Music for programs 

in support of at-risk youth; 

$400,000 for the Brooklyn Public Library for ‘‘Library 

Cadet Program’’ in support of at-risk youth; 

$50,000 for the Hacienda-La Puente, CA, Unified School 

District for the Seniors With Interests in New Generations Delinquency Prevention Program; 

$250,000 for the City of Detroit, MI, for the Mayor’s Time 

Public Safety and Public Service Academies in support of atrisk youth; 

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$250,000 for the University of North Carolina at Chapel 

Hill to implement a new ‘‘Career Start’’ model of middle school 

education to prevent juvenile delinquency; 

$150,000 for the Caribbean American Steel Pan Education 

Center in New York for COMMUNITYSAFE; 

$200,000 for El Puente’s ‘‘Youth Leadership Center’’; 

$150,000 for Providence Holy Cross Medical Center for 

programs to assist at-risk youth; 

$100,000 for the Santa Barbara, CA, Police Department 

for the Police Activities League; 

$150,000 for the Urban League of Eastern Massachusetts 

for programs for at-risk youth; 

$200,000 for the Baltimore, MD, City Board of School 

Commissioners to develop alternative education centers for atrisk youth; 

$100,000 for Lane County, OR, for the ‘‘Breaking the 

Cycle’’ program for juveniles; 

$100,000 for the Gateway Foundation for programs in support of at-risk youth; 

$100,000 for the National Institute for Law and Equity for 

a research project on at-risk juveniles; 

$100,000 for the Institute for International Sport for 

projects to prevent youth crime; 

$250,000 for the Southern Christian Leadership Conference for juvenile delinquency and mentoring programs; 

$100,000 for the Suffolk University Law School for the Juvenile Justice Center; 

$100,000 for Union County College for the ‘‘College for 

Teens’’ program for at-risk youth; 

$100,000 for the Martin Luther King, Jr. Community Center in Houston, TX, for juvenile crime prevention programs; 

$150,000 for the Northwest Regional Educational Laboratory for an after-school program for at-risk youth; 

$100,000 for the Martin Luther King, Jr. Freedom Center 

in Oakland, CA, to promote conflict resolution and decrease 

youth violence; 

$100,000 for the New Jersey Community Development 

Corporation for the Paterson Center for At-Risk Youth; 

$200,000 for the Southern Vermont Recreation Center 

Foundation for at-risk youth crime prevention programs; 

$100,000 for the Richmond, VA, Midnight Basketball 

League for their ‘‘No Workshops . . . No Jump Shots’’ program 

for at-risk youth; 

$100,000 for the Humboldt County, CA, Gang Risk Intervention Program; 

$250,000 for Los Angeles Community Law Enforcement 

and Recovery (CLEAR), Hollenbeck Division, for a multi-jurisdictional program to combat gangs and violence; 

$100,000 for delinquency prevention and safe school programs in North Carolina; 

$100,000 for Labor and Industry for Education (LIFE) in 

Hewlett, NY, to expand its after school and prevention programs for at-risk youth. 

571

The conferees recognize Project CRAFT (Community, Restitution, and Apprenticeship-Focused Training), a program of the 

Home Builders Institute, the workforce development arm of the 

National Association of Home Builders, as a model intervention 

technique in the rehabilitation and reduced recidivism of adjudicated youth. The conferees encourage OJP to replicate Project 

CRAFT. 

The conference agreement adopts by reference the House report language concerning ‘‘hazing’’ activities and submission of a 

report to the Committee on Appropriations within 180 days of enactment of this Act on the prevalence of such incidents and on the 

strategies that can be used by school and law enforcement officials 

to address these problems. 

Enforcing the Underage Drinking Laws Program.—Within the 

funds provided in Title V, the conference agreement provides 

$25,000,000 for grants to assist States in enforcing underage drinking laws. Within the program for underage drinking, OJP shall 

make an award to the Alaska Federation of Natives to continue an 

Underage Drinking Prevention Program in rural Alaska including 

assessment and education, focusing on the children of alcoholics. 

Gang Prevention.—The conference agreement includes 

$20,000,000 for OJP to administer a gang resistance and education 

program in conjunction with the Bureau of Alcohol, Tobacco, Firearms, and Explosives as described in the House report. OJP shall 

submit a financial plan to the Committees on Appropriations within 45 days of enactment of this Act to describe how this program 

will be administered. 

Victims of Child Abuse Act.—The conference agreement includes $13,000,000 for the various programs authorized under the 

Victims of Child Abuse Act, of which not less than $9,000,000 shall 

be available for Child Advocacy Center. 

Performance Data.—States and subgrantees shall collect and 

submit performance data for juvenile justice programs such as the 

Juvenile Accountability Block Grant program, as determined and 

approved by the ODJJP Administrator. Subgrantees shall provide 

annual performance measurement data in an Assessment Report to 

be designated by the State agency. Designated State agencies shall 

aggregate data provided by subgrants and submit such data to 

OJJDP in the Assessment Report, due June 30th of each fiscal 

year. Training and technical assistance on data collection and reporting will be made available to grantees and subgrantees. 

PUBLIC SAFETY OFFICERS BENEFITS

The conference agreement includes $52,054,000 for this account, including $3,000,000 for disability benefits. The conferees 

fully fund the Department of Justice’s latest estimate for this account.

GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

(INCLUDING RESCISSIONS)

The conference agreement includes the following general provisions for the Department of Justice: 

572

Section 101 provides language, included in previous Appropriations Acts, which makes up to $45,000 of the funds appropriated 

to the Department of Justice available to the Attorney General for 

reception and representation expenses. 

Section 102 provides language, included in Appropriations Acts 

for the last seven years and prior to 1994, which prohibits the use 

of funds to perform abortions in the Federal Prison System. 

Section 103 provides language, included in previous Appropriations Acts, which prohibits use of the funds in this bill to require 

any person to perform, or facilitate the performance of, an abortion. 

Section 104 provides language, included in previous Appropriations Acts, which states that nothing in the previous section removes the obligation of the Director of the Bureau of Prisons to 

provide escort services to female inmates who seek to obtain abortions outside a Federal facility. 

Section 105 provides language, included in previous Appropriations Acts, which allows the Department of Justice to spend up to 

$10,000,000 for rewards for information regarding criminal acts 

and acts of terrorism against a United States person or property 

at levels not to exceed $2,000,000 per award. 

Section 106 provides language similar to language included in 

previous Appropriations Acts, which allows the Department of Justice, subject to the Committee’s reprogramming procedures, to 

transfer up to 5 percent between any appropriation, but limits to 

10 percent the amount that can be transferred into any one appropriation. 

Section 107 provides language to continue section 114 of Public 

Law 107–77 during fiscal year 2004. 

Section 108 provides language previously included in General 

Administration authorizing the Attorney General to transfer property to a State or local agency for community-based programs. 

Section 109 includes language providing authorization for Department of Justice programs until the effective date of a subsequent Justice authorization act. 

Section 110 includes new language regarding ethical conduct. 

Section 111 includes new language regarding additional funding for Project Seahawk. 

Section 112 includes new language establishing a rural justice 

and law enforcement commission in Alaska. 

Section 113 includes new language providing for an additional 

amount for San Juan, Puerto Rico. 

Section 114 includes new language rescinding $100,000,000 

from certain unobligated balances available to the Department of 

Justice. 

573

TITLE II—DEPARTMENT OF COMMERCE AND RELATED 

AGENCIES 

TRADE AND INFRASTRUCTURE DEVELOPMENT 

RELATED AGENCIES 

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

SALARIES AND EXPENSES

The conference agreement includes $41,994,000 for the Office 

of the United States Trade Representative (USTR) for fiscal year 

2004, as proposed by the House, instead of $36,994,000, as proposed by the Senate. 

The conference agreement adopts, by reference, language proposed by the House regarding the United States trade deficit with 

other nations; complaints by American businesses; and the lack of 

responsiveness of the USTR to American small and medium-sized 

businesses; and the steps taken by the PRC Government in meeting its World Trade Organization obligations, no later than 14 days 

after the close of the first quarter of fiscal year 2004. 

The conferees expect the USTR to make use of all available 

mechanisms, including the safeguards delineated under the Trade 

Act of 1974, including Sections 301 and 421, to address the disruptions resulting from trade with the PRC. 

The conference agreement adopts, by reference, language proposed by the House regarding funding for negotiations with the 

PRC. In addition the conferees adopt, by reference, House language 

concerning representation funds, and language under the headings 

Inadequate Budget Requests, Free Trade Agreements and WTO 

Negotiations, Reporting Requirements, FTAA Permanent Secretariat, WTO Fund, and WTO Negotiations. 

The conference agreement adopts, by reference, language proposed by the Senate under the heading of World Trade Organization. 

The conferees understand that a number of Federal agencies 

are involved in monitoring and enforcing our trade agreements. 

The conferees agree that robust monitoring and enforcement efforts 

are critical and that such efforts must be well coordinated within 

the Executive Branch. Accordingly, the conferees direct the USTR, 

working with the Department of Commerce and other Federal 

agencies, to take steps to assure that monitoring and enforcement 

efforts are coordinated among the Federal agencies to maximize 

their effectiveness and are based on a strategy that focuses on priority areas of potential trade violations. USTR is directed to report 

back to the Committees on Appropriations on these steps within 

120 days of the enactment of this Act. 

INTERNATIONAL TRADE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $58,295,000 as proposed by 

the Senate for the International Trade Commission for fiscal year 

2004, instead of $57,000,000, as proposed by the House. 

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The conference agreement adopts, by reference, Senate language regarding EDIS II, an electronic filing project and a certain 

report.

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The conference agreement includes $395,123,000 in total resources for the programs of the International Trade Administration 

(ITA) for fiscal year 2004, of which $13,000,000 is to be derived 

from fee collections, as proposed by the House, instead of 

$375,053,000, of which $3,000,000 is to be derived from fee collections, as proposed by the Senate. 

The conference agreement adopts by reference language in the 

House report regarding the mission of the ITA, the failure of ITA 

to meet its mission, and the May 22, 2003 public hearing on the 

efforts of the International Trade Administration, the Bureau of 

Customs, and the Office of the United States Trade Representative 

to support U.S. businesses. 

The conferees understand the difficulties in attempting to balance the positive and the negative effects of a free trade agenda. 

The conferees are steadfast in their support of America’s trade policy to create growth and raise living standards around the globe, 

and in return to increase the benefits to U.S. workers, farmers, 

consumers, and businesses. Yet, the U.S. Government must uphold 

its responsibility to enforce trade laws, particularly with China. If 

trading partners do not abide by the rules that are set in the global 

trading system, then U.S firms are not competing on a level playing field. 

The United States Government has an obligation to ensure 

American companies are not forced to compete with foreign companies that are engaged in unfair trading practices, including receiving subsidies from their governments. 

The conference agreement includes by reference House report 

language regarding the Trade Policy Body Review, Reports, Reorganization, Trade Promotion, American Trading Centers, Manufacturing and Services, Import Administration, Investigations/Operations, Office of China Compliance, Policy and Negotiations, New 

Shipper Review Process, Market Access and Compliance, Executive 

Direction/Administration, Human Rights Training, Trade Missions, 

International Standards, and Travel Expenditures. 

The conferees direct the Secretary of Commerce to report back 

to the Committees on Appropriations, no later than January 20, 

2004, on the trade and U.S. employment impact of the currency 

valuation of our trading partners including, China, Japan, Vietnam, South Korea, Taiwan, the Ukraine, and Indonesia. 

The conferees expect the Secretary of Commerce, in consultation with the U.S.-China Economic and Security Commission to report back to the Committees no later than May 1, 2004. The conferees have extended the deadline further than the deadline proposed in the House report. 

575

The conference agreement includes bill language designating 

the amounts available for each unit within ITA. The conferees remind ITA that any deviation from the funding distribution provided in the bill and report, including carryover balances, is subject 

to reprogramming procedures set forth in section 605 of this Act. 

In addition, ITA is directed to submit to the Committees on Appropriations, not later than 60 days after the enactment of this Act, 

a spending plan for all ITA units that incorporates any carryover 

balances from prior fiscal years. The conference agreement includes $10,000,000 for the Na- tional Textile Center, $3,000,000 for the Textile/Clothing Technology Corporation, $1,000,000 for the Kansas Trade Center, and 

$500,000 for the International Trade Processing Center, as proposed by the Senate. 

The conference agreement adopts, by reference, language as 

proposed by the Senate under the heading of World Trade Organization. 

The conference agreement adopts, by reference, language regarding the Appalachian-Turkish Trade Project as proposed by the 

Senate. 

The conference agreement adopts, by reference, language proposed in the House regarding an international competitiveness program and the Office of Textiles. Of the amounts provided, $500,000 is for a comprehensive 

study of future domestic demand for steel. 

BUREAU OF INDUSTRY AND SECURITY

OPERATIONS AND ADMINISTRATION

The conference agreement includes a total operating level of $68,203,000 for the operations and administration of the Bureau of 

Industry and Security (BIS), as proposed by the House, instead of 

$73,060,000, as proposed by the Senate. 

The conference agreement adopts, by reference, House report 

language under the headings of Export Administration, Export Enforcement, and Management and Policy Coordination. 

The conferees are aware of the invaluable expert technical capabilities of the seized computer evidence recovery specialists. 

However, due to the shortage of specialists within BIS, the conferees direct BIS to forge a closer relationship with the Federal Bureau of Investigation (FBI) in this area to take greater advantage 

of the FBI’s technical expertise. 

ECONOMIC DEVELOPMENT ADMINISTRATION

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

The conference agreement includes $288,115,000 for Economic 

Development Assistance (EDA) Programs. The conferees direct 

EDA to continue traditional programs to provide needed assistance 

to communities struggling with long-term economic dislocation, as 

well as sudden and severe economic dislocation. Of the amounts 

provided, $202,280,000 is for Public Works and Economic Development, $40,900,000 is for Economic Adjustment Assistance, 

$24,000,000 is for planning, $8,435,000 is for technical assistance, 

576

including university centers, $12,000,000 is for trade adjustment 

assistance, and $500,000 is for research. 

The conference agreement adopts, by reference, proposed by 

the House regarding coal and timber industry downturns. 

The conference agreement adopts, by reference, Senate language regarding the economic downturns including the timber, 

steel, and coal industries, United States-Canadian trade-related 

issues, communities in New England, the mid-Atlantic, Hawaii, 

and Alaska impacted by fisheries regulations, and communities in 

the southeast impacted by downturns due to the North American 

Free Trade Agreement, and a certain report. 

SALARIES AND EXPENSES

The conference agreement includes $30,565,000 as proposed by 

both the Senate and the House.

The conference agreement adopts, by reference, House language regarding efforts to maximize the operating funding level, a 

special headquarters reserve fund, Indian lands, employees, and requirements for reorganization proposals. 

MINORITY BUSINESS DEVELOPMENT AGENCY

MINORITY BUSINESS DEVELOPMENT

The conference agreement includes $28,859,000 for the Minority Business Development Agency for fiscal year 2004, instead of 

$29,000,000 as proposed by the House, and $28,718,000 as proposed by the Senate. The conference agreement adopts, by reference, House language regarding the Entrepreneurial Technology 

Apprenticeship Program. 

The conference agreement adopts, by reference, Senate language regarding the Office of Native American Business Development. 

ECONOMIC AND INFORMATION INFRASTRUCTURE 

ECONOMIC AND STATISTICAL ANALYSIS

SALARIES AND EXPENSES

The conference agreement includes $75,000,000, as proposed 

by the House, instead of $84,756,000 as proposed by the Senate for 

the economic and statistical analysis programs of the Department 

of Commerce, including the Bureau of Economic Analysis (BEA), 

for fiscal year 2004. 

The BEA has received programmatic increases over the past 

three years to ensure that policy makers have access to more accurate and timely economic data. 

BUREAU OF THE CENSUS

The conference agreement includes a total operating level of 

$630,864,000 for the Bureau of the Census, instead of $661,961,000 

as proposed by the House, and $550,878,000 as proposed by the 

Senate. 

577

SALARIES AND EXPENSES

The conference agreement includes $194,811,000 for the salaries and expenses of the Bureau of the Census for fiscal year 2004, 

instead of $181,811,000 as proposed by the Senate, and 

$220,908,000 as proposed by the House. 

The conference agreement adopts by reference House report regarding the highest priority core activities, reimbursement, the 

North American Industry Classification System (NAICS), key reports, and Advanced Technology. 

PERIODIC CENSUSES AND PROGRAMS

The conference agreement includes a total of $436,053,000 for 

all periodic censuses and related programs in fiscal year 2004, as 

proposed by the House, instead of $369,067,000 as proposed by the 

Senate. 

The conference agreement adopts language proposed by the 

House under the American Community Survey (ACS), Master Address File (MAF)/Topologically Integrated Geographic Encoding and 

Referencing (TIGER), and Subgroup Enumeration. 

The conference agreement includes $107,090,000 for the re-engineered design process, of which $3,605,000 is for design strategy, 

$18,559,000 is for data collection design research, $16,969,000 is 

for questionnaire and content design, $3,900,000 is for address list 

updates, $22,287,000 is for software related to quality assurance 

and integration, and $41,770,000 is for test evaluation. 

The conference agreement includes funding as proposed by the 

House for the non-decennial census periodic programs. 

The conferees expect to be kept apprised on a monthly basis 

on the expenditure of these funds. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

The conference agreement includes a total of $51,604,000 for 

the National Telecommunications and Information Administration 

(NTIA), instead of $32,544,000 as proposed by the House, and 

$85,542,000 as proposed by the Senate. 

SALARIES AND EXPENSES

The conference agreement includes $14,604,000 for the Salaries and Expenses appropriation of the NTIA as proposed by the 

House, instead of $15,042,000 as proposed by the Senate. 

The conference agreement adopts, by reference, language proposed by the House regarding electromagnetic spectrum and a report regarding the allocation of spectrum. 

The conference agreement adopts, by reference, language proposed by the House regarding the maximization of the operating 

level and reimbursements. 

The conference agreement adopts, by reference, language proposed by the Senate regarding a paperless system. 

578

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

The conference agreement includes $22,000,000, instead of 

$2,538,000 as proposed by the House, and $55,000,000 as proposed 

by the Senate. 

The conference agreement adopts, by reference, language proposed by the House regarding public television stations, and language proposed by the Senate regarding digital broadcasting as it 

relates to rural areas. 

INFORMATION INFRASTRUCTURE GRANTS

The conference agreement includes $15,000,000 for the Information Infrastructure Grant program, instead of $15,402,000 as 

proposed in the House, and $15,500,000 as proposed by the Senate. 

The conferees expect NTIA to give preference to applications 

relating to the expansion of commercial entities to enable local 

communities to attract commercial investment to spur growth of 

American jobs, especially in the areas of education, health care, 

and public information. The conferees expect NTIA to work with 

the Economic Development Administration to ensure resources are 

leveraged to result in the largest benefit to local communities suffering from economic downturns. 

The conference agreement adopts, by reference, language proposed by the Senate regarding the eligibility of certain law enforcement entities for funding. 

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

The conference agreement includes $1,222,460,000 for the 

United States Patent and Trademark Office (USPTO) for fiscal 

year 2004, instead of $1,238,700,000 as proposed by the House, and 

$1,217,460,000 as proposed by the Senate. 

The conference agreement includes language restricting certain 

travel payments. The conferees note that there is broad agreement 

that the patent process is in dire need of reform. 

The conference agreement adopts, by reference, language proposed by both the House and Senate regarding the Administration’s legislative fee proposal. 

The conference agreement adopts, by reference, language proposed by the House regarding the National Inventor’s Hall of Fame 

and Inventure Place and the International Intellectual Property Institute. 

The conferees remind the PTO that any changes from the 

funding distribution provided in the bill and report including carryover balances are subject to the reprogramming procedures set 

forth in section 605 of this Act. 

In addition, PTO is directed to submit to the Committees on 

Appropriations, not later than three months after the enactment of 

this Act, a spending plan, which incorporates any carryover balances from previous fiscal years and any increases to the patent or 

trademark fee structure. 

579

The conferees adopt, by reference, language proposed by the 

House regarding intellectual property protections for American 

businesses in international negotiations and telework. 

SCIENCE AND TECHNOLOGY 

TECHNOLOGY ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $6,411,000 under this heading, instead of $7,822,000 as proposed by the House, and no 

funding as proposed by the Senate. The conference agreement includes $450,000 for the National 

Medal of Technology Program under the heading ‘‘National Institute of Standards and Technology, Scientific and Technical Research and Services’’. 

The conference agreement includes $600,000 for the Office of Space Commercialization and $500,000 for the Interagency Global 

Positioning System Executive Board Secretariat under the heading 

of ‘‘National Oceanic and Atmospheric Administration, Operations, 

Research, and Facilities’’. 

The conference agreement provides $335,000 for the Technology Administration to conduct an assessment of the extent and 

implications of workforce globalization in knowledge-based industries such as life sciences, information technology, semi-conductors 

and financial services. The conferees expect the assessment to focus 

on U.S. firms’ business strategies and practices, as well as the education and training programs in countries such as Japan, China, 

and India. The conferees expect monthly updates on the progress 

of this effort, and direct that a summary of findings be reported 

back to the Committees on Appropriations no later than six months 

from enactment of this Act. 

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

The conference agreement includes $628,102,000 for the National Institute of Standards and Technology (NIST) for fiscal year 

2004, instead of $460,059,000 as proposed by the House, and 

$845,000,000 as proposed by the Senate. 

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The conference agreement includes $344,366,000 for the Scientific and Technical Research and Services (core programs) of the 

NIST, instead of $357,862,000 as proposed by the House, and 

$391,147,000 as proposed by the Senate. 

The following is a breakdown of the amounts provided under 

this account by activity.

Fiscal Year 2004 

Recommendation 

($ in 000) 

Electronics & Electrical ......................................................................... $44,700 

Manufacturing Engineering .................................................................. 21,800 

Chemical ................................................................................................. 42,313 

Physics .................................................................................................... 37,675 

Building and Fire Research .................................................................. 21,542 

Materials Science & Engineering ......................................................... 53,000 

Computer & Applied Mathematics ....................................................... 49,478 

580

Fiscal Year 2004 

Recommendation 

($ in 000) 

Technology Assistance ........................................................................... 15,000 

Award Programs .................................................................................... 5,655 

Research Support ................................................................................... 53,203

Total, STRS ................................................................................. 344,366

Under the Electronics and Electrical heading, $3,000,000 is for 

the Office of Law Enforcement Standards, $1,200,000 is for the For 

Inspiration and Recognition of Science and Technology Program 

(FIRST), and $500,000 is for a joint project between FIRST and the 

Boston Museum of Science. 

Under the Manufacturing heading, $800,000 is for a spreadsheet engineering initiative at the Tuck School of Business. 

Under the Chemical Science and Technology heading, 

$1,600,000 is for the Hollings Marine Laboratory, and $400,000 for 

advanced measurements, standards, and data that health care providers and researchers need to improve health care quality. 

Under the Physics heading, $725,000 is for the necessary critical back-up elements for the NIST time scale and time dissemination services, and $1,450,000 is for research to develop measurements and standards for nanotechnology-based products. 

Under the Building and Fire heading, $3,000,000 is for costs 

relating to the World Trade Center investigation, $1,900,000 is to 

continue a certain wind demonstration project in Texas, and 

$600,000 is for a school safety and preparedness project at the National Infrastructure Institute. 

Under the Award Program heading, $450,000 is for costs associated with the National Medal of Technology. 

In addition, under the Research Support heading, $2,400,000 is 

to continue a certain telework project, $6,500,000 is to continue a 

certain critical infrastructure program, and $5,500,000 is for maintenance and operations costs at the Advanced Measurement Laboratory. 

The agreement does not include an increase to the amount to 

be transferred to the working capital fund. 

The conference agreement adopts, by reference, language included in past years, regarding the A–76 contracting process. 

INDUSTRIAL TECHNOLOGY SERVICES

The conference agreement includes $218,782,000 for the Industrial Technology Services appropriation of the National Institute of 

Standards and Technology, instead of $39,607,000 as proposed by 

the House, and $369,223,000 as proposed by the Senate. 

The conference agreement includes $179,175,000 for the Advanced Technology Program, instead of $259,600,000 as proposed 

by the Senate and no funding as proposed by the House. The conference agreement does not include a $50,000,000 new program as 

proposed by the Senate for ATP focused competitions on homeland 

security technologies. The conferees agree that a focused competition on homeland security technologies should be held out of the 

$60,700,000 provided for new awards. 

581

The conference agreement includes $39,607,000 for Manufacturing Extension Partnership, the same amount as proposed by the 

House, instead of $106,000,000 as proposed by the Senate. 

CONSTRUCTION OF RESEARCH FACILITIES

The conference agreement includes $64,954,000 for the construction and major renovations of the NIST campuses at Boulder, 

Colorado, and Gaithersburg, Maryland. 

The Committee directs NIST to report to the Committees on 

Appropriations on the progress of these construction projects on a 

quarterly basis beginning with the second quarter of fiscal year 

2004. 

This account supports all NIST activities by providing state of 

the art facilities necessary to carry out the NIST mission. 

The conference agreement provides sufficient funding to complete the new Advanced Measurement Laboratory in Gaithersburg, 

Maryland and the conferees expect occupancy by 2005. 

The conference agreement adopts, by reference, language proposed by the Senate regarding a facilities improvement plan. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The conference agreement does not include $20,743,000 for the 

International Fisheries Commissions under this heading, as proposed by the Senate, and provides funding for this purpose under 

Title IV of this Act. The conference agreement does not include 

$5,000,000 for a new litigation and settlement fund, as proposed by 

the Senate. 

The conference agreement fulfills the agreement regarding conservation activities as included in the Title VII of the Interior and 

Related Agencies Appropriation Act of 2001. 

OPERATIONS, RESEARCH, AND FACILITIES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes total funding of $2,748,520,000, as proposed by the Senate, instead of 

$2,259,705,000 as proposed by the House. Of the amounts provided, 

$62,000,000 is from balances in the account entitled, ‘‘Promote and 

Develop Fishery Products and Research Pertaining to American 

Fisheries’’, instead of $79,251,000 as proposed by the House, and 

$52,000,000 as proposed by the Senate. 

The conference agreement includes language to allow NOAA to 

retain gifts and contributions made under the Marine Sanctuary 

Program. 

Language is also included in the bill specifying the total 

amount of direct obligations available for each of the NOAA line offices and other related activities funded through this account. The 

conference agreement includes language prohibiting administrative 

charges levied against certain activities assigned in the bill or the 

report accompanying this Act. 

NOAA is directed to submit a spending plan to the Committees 

on Appropriations at a level of detail comparable to that of the tables included in this report. The plan shall be delivered not later 

than 60 days after the enactment of this Act. 

582

The conferees expect NOAA to comply with reprogramming 

and transfer requirements under sections 204 and 605 of this Act. 

The conference agreement adopts, by reference, the direction 

and reporting requirements included in language proposed by the 

Senate under the heading of Pacific Salmon Funding, including 

language relating to validation monitoring. 

The following identifies the activities, sub-activities, and 

projects funded in this appropriation: 

NATIONAL OCEAN SERVICE

The conference agreement includes a total of $513,910,000 for 

activities of the National Ocean Service (NOS) for fiscal year 2004. 

The conference agreement adopts, by reference, language proposed by the House under the heading of Mapping and Charting. 

The conference agreement adopts, by reference, language proposed by the House under the heading Long-Term Vessel Charter. The conference agreement provides an additional $2,500,000 

for this purpose. The conferees expect to be kept apprised of any 

changes to the plan. 

The conferees continue to support the implementation of the 

Physical Oceanographic Real-Time System program and the National Water Level Operation Network, including work in the Great 

Lakes. 

The conference agreement includes funding to increase coastal 

ocean monitoring and prediction efforts for West Florida. 

The conferees recognize and support the work of NOAA and 

the U.S. Coral Reef Task Force (CRTF) to protect and preserve 

coral reefs. Coral reefs are the most complex, species-rich and productive marine ecosystems. Reefs cover two percent of the ocean’s 

floor, yet they support one-third of all marine fish species and tens 

of thousands of other marine species, providing essential fish habitat for endangered and threatened species, and harboring protected 

marine mammals and turtles. Coral reef fisheries yield 6 million 

metric tons of fish catch annually, with one-quarter of total worldwide fish production occurring in developing countries with coral 

reefs. NOAA and the CRTF are developing and implementing coordinated efforts to map and monitor U.S. coral reefs, research 

coral reef degradation, reduce and mitigate coral reef degradation 

from pollution and other causes, and carry out strategies to promote conservation and sustainable use of coral reefs internationally. 

The conference agreement adopts, by reference, language proposed by the Senate under the headings of Budget Structure and 

Various. The conference agreement consolidates all NOAA coral 

reef funding under NOS. The conferees expect NOAA to prepare a 

spending plan for coral reef funding and deliver to the Committees 

on Appropriations, not later than January 15, 2004. 

The conference agreement adopts, by reference, language proposed by the Senate under the heading of Coastal Ocean Science. 

The conferees have provided a significant amount of funding 

during the past two years for the establishment of an integrated 

interagency ocean and coastal observing system. The conferees understand that NOAA has outlined a strategy for establishing a national network. The conferees expect regional entities to share the 

583

costs of the funding the establishment of an integrated interagency 

ocean and coastal observing system. Therefore, the conferees plan 

to require all participants receiving funding from the Federal government to contribute an equal share of funds in fiscal year 2005. 

Of the amounts available under the Aquatic Resources Initia- tive, up to $750,000 is for Bluegrass Pride, Inc. 

The conference agreement includes a new structure as proposed in the Senate bill for identifying and funding extramural research. The conferees direct NOAA to submit a spending plan within 30 days outlining the process for administering the program. 

The conferees do not intend for the new structure to restrict current participation by the external research community or by researchers identified with the National Centers for Coastal Ocean 

Science laboratories. The conferees do intend, however, that greater 

interaction and participation occur between the external research 

community and Federal researchers located at NOAA’s laboratories.

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Insert graphic folio 213/1441 HR401.012
588

NATIONAL MARINE FISHERIES SERVICE

The conference agreement includes $639,990,000 for the operations of the National Marine Fisheries Service (NMFS). 

The conference agreement adopts, by reference, language proposed by the House under the heading of Regulatory Streamlining. 

The conference agreement adopts, by reference, language proposed by the Senate under the headings of Base Funding, Regional 

Office Financial Accountability, Fisheries Enforcement, Enforcement and Surveillance, International Conservation of Sea Turtles, 

Decline Pacific Marine Mammals, Enforcement of International 

Dolphin Agreement, Gulf/Atlantic Turtle Excluder Devices, Fisheries Research and Management, Seafood Inspections, and Ecosystem Management. 

The conferees remain concerned regarding the seismic and erosion conditions near the Southwest Fisheries Science Center 

(SWSC). The conferees understand that economies of scale may be 

achieved by collocating the SWSC with other NOAA facilities in 

California. In 1997, the Department of Commerce Office of the Inspector General issued a report, which highlighted options for relocation of the SWSC. The Committee directs NOAA to issue a follow-on report on the best location for SWSC facilities by no later 

than June 30, 2004. 

The conferees expect NMFS to allocate sufficient funds to 

achieve ten percent observer coverage in the New England groundfish fishery, and in the non-directed fishery to the extent practicable, by no later than May 1, 2004. 

The conferees expect NOAA to continue to support the Center 

for Coastal Studies’ efforts regarding right whale protection and expect the final funding allocation to be based on recommendations 

of the right whale program coordinator at the Center. 

The conference agreement adopts, by reference, language proposed by the House under the headings of Chesapeake Bay, Habitat Conservation and Management, NMFS Facilities Maintenance, 

and Saltonstall-Kennedy. 

The conferees recognize the value of NOAA presence and programs in Louisiana in serving the northern Gulf of Mexico region. 

The conferees expect a report to be submitted by the agency on the 

development and installation of a Coastal Services Center to be established in the state and to serve the Northern Gulf of Mexico Region. 

The conferees understand that on February 21, 2003, the National Oceanic and Atmospheric Administration (NOAA) issued 

new regulations to increase the dimension of Turtle Excluder Device (TED) openings to protect endangered sea turtles. The Final 

Rule went into effect on April 15, 2003 in the South Atlantic and 

August 21, 2003, in the Gulf of Mexico. Industry representatives in 

Louisiana and South Texas have voiced concern about the impact 

of TEDs on shrimp catch and loss of income for the industry. Conservation groups and scientists, on the other hand, have expressed 

serious concern over the status of these turtle populations and have 

threatened litigation to ensure sea turtle protection. The conferees 

direct NOAA to work with the National Academy of Sciences on a 

multi-year, comprehensive in-water study designed to accurately 

589

measure shrimp fishery effort and the impacts of such effort on sea 

turtle mortality, including measuring turtle-shrimp trawl interaction in the inshore, nearshore and offshore waters of the Gulf of 

Mexico and similar geographical locations in the South Atlantic. 

The conferees expect observers to be placed on the commercial 

shrimp fishing vessels for the purposes of the study.

The study shall evaluate innovative technologies to increase 

shrimp retention in TEDs but also ensure the protection of endangered and threatened sea turtles. The National Academy of 

Sciences shall provide an interim report to the committee every six 

months summarizing preliminary findings. 

The conference agreement includes language transferring funding to the Marine Mammal Commission. 

The conference agreement adopts, by reference, language proposed by the Senate regarding the Gulf and South Atlantic Fisheries Development Foundation.

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Insert graphic folio 213/1450 HR401.018
596

OCEANIC AND ATMOSPHERIC RESEARCH

The conference agreement includes $400,813,000 for the Oceanic and Atmospheric Research (OAR) line office. 

The conferees support NOAA’s efforts to provide national and 

international leadership on critical environmental issues, and to 

address the environmental research and development needs of internal NOAA customers, States, industry, and other Federal agencies. The conferees expect OAR to prioritize research efforts that 

have true operational benefits to NOAA. 

The conference agreement adopts, by reference, language proposed by the House and Senate regarding a review of research requirements and a certain laboratory plan, and language proposed 

by the Senate under the heading NISA Alaska. 

The conference agreement includes $12,000,000 for the National Undersea Research Program, of which $6,000,000 is for research conducted though the east coast NURP centers and 

$6,000,000 is for the west coast NURP centers, including Hawaiian 

and Pacific Center and the West Coast and Polar Regions Center. 

The conferees expect fiscal year 2003 funding to be available for 

Aquarius, and ALVIN. 

Of the amounts provided under the climate research heading, 

$2,500,000 is for the Analytical Center for Climate and Environmental Change to enhance existing capabilities. 

The conference agreement includes $500,000 to expand efforts 

of the Cooperative Sensor Development Laboratory in cooperation 

with the Atlantic Oceanographic and Meteorological Laboratory 

and the Pacific Marine Environmental Laboratory. 

The conference agreement includes $3,525,000 for ballast 

water demonstrations and technologies, of which $1,700,000 is for 

a collaborative ballast water treatment test bed platform for the 

purpose of determining the effectiveness of injecting ozone into ballast water to kill invasive aquatic species. NOAA is directed to prepare, for the Committees on Appropriations, a report, no later than 

ninety days after the enactment of this Act, showing the impact of 

ozone in eradicating invasive species and the presence of any toxic 

effluents in the treated ballast water. Further, of the amounts provided $1,825,000 is for ballast water demonstrations to mitigate 

concerns in the Chesapeake Bay and the Great Lakes. 

The conference agreement includes $994,000 to provide for an 

autonomous underwater vehicle, selected based on Brooks Act 

qualifications, for survey services in the deep water of the central 

Gulf of Mexico.

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Insert graphic folio 213/1454 HR401.020
599

NATIONAL WEATHER SERVICE

The conference agreement includes $729,685,000 for the operations of the National Weather Service. 

The conference agreement adopts, by reference, language proposed by the Senate under the headings of Budget Structure, Network Integrity, NEXRAD Coverage, NOAA Profiler Network, and 

Phased Array Radar Engineering and Manufacturing. 

The conference agreement transfers funding from the ‘‘Oceanic 

and Atmospheric Research’’ to this account for tsunami mitigation 

efforts. 

The conference agreement includes funding for the operations 

of five Micronesian weather service offices located at Pohnpei, Yap, 

Chuuk, Koror, and Majuro, as proposed. The conferees understand 

that the Department of the Interior will no longer reimburse 

NOAA for the costs of the Compact of Free Association that expires 

in 2003. 

The conference agreement includes funding for the Susquehanna River basin project and Delaware Basin efforts within funding for the Advanced Hydrological Prediction Services. 

The conference agreement includes $100,000 for a transmitter 

for Kemmerer and Dubois, Wyoming.

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601

NATIONAL ENVIRONMENTAL SATELLITE, DATA, AND INFORMATION

SERVICE

The conference agreement includes $153,827,000 for the operational and research and development programs of the National 

Environmental Satellite, Data, and Information Service. 

The conference agreement includes $500,000 for the Interagency Global Positioning System Executive Board Secretariat, and 

$600,000 for the Office of Space Commercialization. The conferees 

transfer these functions from the heading ‘‘Technology Administration’’, as proposed by the Senate. 

The conference agreement adopts, by reference, language proposed by the Senate under the heading of Budget Structure. 

The conference agreement includes $2,500,000 for a data storage facility in West Virginia.

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603

PROGRAM SUPPORT

The conference agreement includes $310,295,000 for the Program Support line office. 

The conference agreement includes language to prohibit NOAA 

funding to support the Department of Commerce’s E-government 

initiative. 

The conference agreement adopts, by reference, language proposed by the House under the heading of Office Relocations, 

Pribilof Island Cleanup, and Minority Serving Institutions. 

The conference agreement adopts, by reference, language proposed by the Senate under the heading of Truth in Budgeting.

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Insert graphic folio 213/1461 HR401.024
606

PROCUREMENT, ACQUISITION AND CONSTRUCTION

The conference agreement includes $990,127,000 under this 

heading. 

The conference agreement adopts, by reference, language proposed by the House under the headings of Marine Sanctuaries Construction, Construction, Geostationary Systems and Polar Orbiting 

Systems, and language proposed by the Senate under the headings 

Land Acquisition and Construction and Other NOS Facilities. 

The conferees expect NOAA to submit a reprogramming, pursuant to section 605 of this Act, should a land acquisition project 

specifically identified in this report become no longer viable. 

The following distribution reflects the activities funded within 

this account:

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Insert graphic folio 213/1466 HR401.028
611

PACIFIC COASTAL SALMON RECOVERY

The conference agreement includes $90,000,000, the same 

amount as proposed by both the House and the Senate, of which 

$5,000,000 is for the State of Idaho, $26,274,000 is for the State of 

Washington, $20,868,000 is for the State of Alaska, $13,133,000 is 

for the State of Oregon, $13,133,000 is for the State of California, 

$8,500,000 is for the Pacific coastal tribes, and $3,092,000 is for the 

Columbia River tribes. 

Of the amounts provided to the State of Washington, 

$4,000,000 is for the Washington State Department of Natural Resources and other State and Federal agencies for purposes of implementing the State of Washington’s Forest and Fish report, and 

$1,800,000 is for the purchase of mass marking equipment used at 

Federal hatcheries in Washington State to promote selective fisheries and protect threatened and endangered species. 

Of the funds provided for the State of Alaska, $3,500,000 is for 

the Arctic Yukon-Kuskokwim Sustainable Salmon initiative; 

$1,000,000 is for the Cook Inlet Fishing Community Assistance 

Program; $500,000 is for the Yukon River Drainage Association; 

$3,368,000 is for Fairbanks hatchery facilities; $1,500,000 is for the 

City of Adak for marine related infrastructure; $250,000 is for the 

State of Alaska to participate in discussions regarding the Columbine River hydrosystem management and for fisheries revitalization; $100,000 is for the United Fishermen of Alaska’s subsistence program; $3,500,000 is to restore salmon fisheries in Anchorage at Ship Creek, Chester Creek, and Campbell Creek including 

habitat restoration and facilities; $1,500,000 is to restore salmon 

runs in Resurrection Bay at the Alaska SeaLife Center; $1,000,000 

is for scientific fisheries systems riverine sonar; $150,000 is for the 

Southeast Revitalization Association for its fleet stabilization program; $1,000,000 is to mitigate albatross-fish interactions; 

$2,000,000 is for the Kenai River; $1,000,000 is for the Russian 

River; $200,000 is to restore the Craig watershed; and $300,000 is 

for Chinook Salmon Research in Auke Bay. 

Of the amounts provided to the State of Oregon, $1,100,000 is 

for conservation mass marking at the Columbia River Hatcheries.

FISHERIES FINANCE PROGRAM ACCOUNT

The conference agreement includes language to support up to 

$59,000,000 to finance fishing capacity reduction loan programs, of 

which $40,000,000 may be used for the United States distant water 

tuna fleet, and $19,000,000 may be used for the United States 

menhaden fishery. Further, the conference agreement includes language to support up to $5,000,000 for Individual Fishing Quota 

loans. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement includes $47,289,000 for costs related to managing the Department of Commerce. Of the amount 

provided, $900,000 is for costs related to the renovation of the Herbert C. Hoover building. The conference agreement includes desigVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00615 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
612

nating $1,621,000 and 12 full-time equivalents for the legislative 

affairs function of the Department. 

The conference agreement adopts, by reference, language proposed by the House under the heading of Office Relocations. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $21,116,000 for the Inspector General for fiscal year 2004, the same amount as proposed by 

the Senate, instead of $22,000,000 as proposed by the House. 

GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

(INCLUDING RESCISSION)

The conference agreement includes the following general provisions for the Department of Commerce: 

Section 201 of the bill making Department of Commerce funds 

available for advanced payments only upon certification of officials 

designated by the Secretary that such payments are considered to 

be in the public interest. 

Section 202 making appropriations for the Department in the 

bill for Salaries and Expenses available for hire of passenger motor 

vehicles, and for services, uniforms and allowances as authorized 

by law. 

Section 203 prohibiting any of the funds for NOAA being used 

to support hurricane reconnaissance aircraft and activities that are 

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

States Air Force Reserve. 

Section 204 providing the authority to transfer funds between 

Department of Commerce appropriation accounts and requiring notification to the Committees of certain actions. 

Section 205 providing that any costs incurred by the Department in response to funding reductions shall be absorbed within 

the total budgetary resources available to the Department and 

shall not be subject to the reprogramming limitations set forth in 

this Act. 

Section 206 allowing the Department of Commerce franchise 

fund to retain earnings from services. 

Section 207 designating funds for certain projects. 

Section 208 designating amounts available in the ‘‘Promote and 

Develop Fishery Products and Research Pertaining to American 

Fisheries’’ fund and including language to provide authorities for a 

certain Board. 

Section 209 providing authorities for the Economic Development Administration. 

Section 210 authorizing the Secretary of Commerce to operate 

a marine laboratory. 

Section 211 extending the Emergency Steel Loan Guarantee 

Act of 1999 and including language providing $2,000,000 to administer the program. 

Section 212 providing additional funding for certain projects. 

Section 213 providing the authority and amounts to administer 

a certain program regarding a lobster fishery. 

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Section 214 providing the authority and amounts to administer 

a certain program regarding a Bering Sea and Aleutian Islands 

non-pollock groundfish fishery. 

Section 215 rescinding $100,000,000 from certain unobligated 

balances.

TITLE III—THE JUDICIARY 

The conferees adopt by reference the House report language 

concerning the submission of a financial plan within 45 days after 

enactment of this Act. If shortfalls arise during the course of fiscal 

year 2004, the conferees expect the Judiciary to attempt to address 

these shortfalls through the reprogramming process, consistent 

with section 605 of this Act, before requesting supplemental appropriations. 

SUPREME COURT OF THE UNITED STATES

SALARIES AND EXPENSES

The conference agreement includes $55,360,000 for the salaries 

and expenses of the Supreme Court, as provided by the House, instead of $59,414,000 as provided by the Senate. The conferees are 

supportive of the funding increases and report language included 

in the Senate report concerning data systems, additional personnel, 

and the Metrocheck transit subsidy program. Within the funding 

level provided, the conferees ask the Court to fund these programs 

to the maximum extent possible based the Court’s priorities. The 

Court’s financial plan is expected to outline the Court’s allocation 

of funding among these priorities. As described in the Senate report, the Court is also expected to report to the Committees on Appropriations on the savings associated with hiring systems accountants to replace contractors. 

The conferees adopt by reference the House report language 

concerning minority hiring and diversity among law clerks. 

CARE OF THE BUILDING AND GROUNDS

The conference agreement includes $10,591,000 for the Supreme Court ‘‘Care of the Building and Grounds’’ account, as provided by the House, instead of $4,658,000 as provided by the Senate. The conference agreement adopts by reference the House report language concerning the submission of a study, within 90 days 

of enactment of this Act, on the feasibility of establishing a visitor 

screening site outside of the Supreme Court building. 

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

SALARIES AND EXPENSES

The conference agreement includes $20,662,000 for the United 

States Court of Appeals for the Federal Circuit, as provided by the 

Senate, instead of $20,665,000 as provided by the House. The conference agreement provides no funding to establish a Deputy Circuit Executive, as described in the Senate report. 

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UNITED STATES COURT OF INTERNATIONAL TRADE

SALARIES AND EXPENSES

The conference agreement includes $14,068,000 for the U.S. 

Court of International Trade, as provided by the House, instead of 

$13,210,000 as provided by the Senate. 

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The conference agreement provides $3,994,176,000 for the salaries and expenses of the Courts of Appeals, District Courts and 

Other Judicial Services instead of $4,004,176,000 as provided by 

the House and $3,894,021,000 as provided by the Senate. 

The conferees would like to see greater emphasis on automation in local courts. The conferees understand that the time required to hear Court cases can be reduced by as much as 15 percent through the use of technologies in the courtroom. The Conferees direct the Judiciary to continue to implement these new 

technologies in courtrooms. 

The conferees adopt by reference the Senate report language 

requiring a report on the savings generated by the CM/ECF program and requiring a report on the Court Operations Support Center. The conferees adopt by reference the House report language 

concerning Electronic Public Access fees. 

The conferees are concerned with the methodology used to prepare and the presentation of the Judiciary’s information technology 

budget and long-range plan. The conferees expect the Administrative Office of the United States Courts (AO) to work with the Committees on Appropriations on the presentation of funding requests 

for this program. The conferees are concerned with the presentation of new initiatives in the O&M budget, and as well as the 

large amount of O&M funding required in proportion to the total 

information technology budget request. 

The conferees understand that the Judiciary’s staffing, operations and maintenance, and information technology resources are 

allocated to the courts according to formulas intended to equitably 

distribute resources based on the actual workload of each district. 

The conferees direct the Judiciary to update the formulas to improve their accuracy. The updates should incorporate changes in 

the courts’ resource needs to reflect the implementation of technology enhancements such as the CM/ECF project and the unique 

situations that occur in districts with large geographic divisions. 

The conferees direct the Judiciary to report within 180 days of enactment of this Act on the Judiciary’s efforts to update these formulas. 

The Edwin L. Nelson Local Initiative Program.—The conferees 

have learned that many courts are developing significant IT solutions to meet local needs. The entire Judiciary receives great benefit from the development of automation initiatives at the local 

court level and the sharing of this technology with other courts will 

realize precious savings throughout the Judiciary. The conferees 

noted the inclusion of an Information Technology Grant program in 

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the ‘‘Long Range Plan for Information Technology in the Federal 

Judiciary’’, specifically goal 7, initiative 1. The conferees fully support this program. However the conferees understand that even 

though funding was included in previous years’ financial plans, no 

grants for this program have been awarded in fiscal years 2002 or 

2003. To accelerate the pace of this program, the conferees direct 

that no less than $2,000,000 shall be made available for the Edwin 

L. Nelson Local Initiatives Program. These funds shall be used to 

establish and operate a National Clearing House, facilitate local 

court collaboration, expand training opportunities at the circuit 

level, and provide Information Technology Grants. The conferees 

direct the development and execution of this new Edwin L. Nelson 

Local Initiatives Program shall be coordinated with United States 

Judicial Conference Committee on Information Technology. The 

conferees direct the AO to report to the Committees on Appropriations, within 90 days of enactment of this Act, on the proposed 

process and structure to operate the Clearing House, evaluate initiatives, distribute grants, conduct training and execute the Local 

Initiatives Program, as approved by the Judicial Conference. In addition, the AO shall report the status of this program no later than 

April 1 and September 1, 2004. The status reports shall contain, 

at a minimum, an activity report from the Clearing House, a list 

of courts receiving grants including the purpose and amount of 

each grant and any training conducted. 

VACCINE INJURY COMPENSATION TRUST FUND

The conference agreement provides $3,193,000 from the Vaccine Injury Compensation Trust Fund instead of $3,293,000 as provided by the House and the Senate. 

DEFENDER SERVICES

The conference agreement includes $604,477,000 for the Federal Judiciary’s Defender Services account, instead of $613,948,000 

as provided by the House and $595,006,000 as provided by the Senate. 

The conference agreement does not provide any increases in 

panel attorney hourly pay rates above the current rates. The conference agreement adopts by reference the House and Senate report language concerning future budget requests for panel attorney 

pay rate increases. Conferees expect the Judiciary to address these 

concerns before requesting panel attorney rate increases above the 

rate of inflation. 

FEES OF JURORS AND COMMISSIONERS

The conference agreement includes $57,822,000 for Fees of Jurors and Commissioners, instead of $53,181,000 as provided by the 

House and Senate. The conferees understand the Judiciary’s ‘‘First 

Day’’ statistics show that the percentage of petit jurors called that 

are not selected, serving or challenged on their first day has increased from 33 percent in fiscal year 1997 to 39 percent in fiscal 

year 2002. The conferees are concerned with the decline in juror 

utilization rates and the associated increase in costs. The conferees 

direct the Judicial Conference of the United States to report to the 

616

Committees on Appropriations within 180 days of enactment of this 

Act on (1) the reasons for the decline in juror utilization, (2) the 

impact the implementation of the Jury Modernization System has 

had on juror utilization, and (3) recommendations on how the Judiciary can improve the efficiency with which it calls petit jurors. 

COURT SECURITY

The conference agreement includes $277,500,000 for the Federal Judiciary’s Court Security account, instead of $288,941,000 as 

provided by the House and $266,058,000 as provided by the Senate. 

The conferees adopt by reference the House report language requiring a monthly report on court security equipment and systems 

spending throughout fiscal year 2004. The Conferees are concerned 

about the delay in submitting the management study the United 

States Marshals Service (USMS) was directed to conduct in fiscal 

year 2003 and hope this study will provide recommendations to improve the administration of this program by the USMS and the Judiciary. 

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

The conference agreement includes $66,000,000 for the Administrative Office of the United States Courts instead of $66,968,000 

as provided by the House and $63,717,000 as provided by the Senate. The conferees adopt by reference the Senate report language 

concerning cyclical replacement of automation equipment and the 

Senate report language directing the AO to develop a comprehensive records management plan and inform the Committees on Appropriations of this plan as soon as possible. In addition, the conferees adopt by reference the Senate report language requiring the 

submission of semi-annual reports to the Committees on Appropriations on travel expenses associated with AO personnel by directorate. 

FEDERAL JUDICIAL CENTER

SALARIES AND EXPENSES

The conference agreement includes $21,440,000 for salaries 

and expenses of the Federal Judicial Center as provided by the 

House, instead of $22,434,000 as provided by the Senate. The conferees laud the Center’s education and training program and believe it can be a model for training programs in the Federal government. 

JUDICIAL RETIREMENT FUNDS

PAYMENT TO JUDICIARY TRUST FUNDS

The conference agreement includes $29,000,000 for payment to 

various judicial retirement funds, as provided by the House and 

Senate. 

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UNITED STATES SENTENCING COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $12,354,000 for the U.S. Sentencing Commission, instead of $12,746,000 as provided by the 

House and $12,011,000 as provided by the Senate.

GENERAL PROVISIONS—THE JUDICIARY

Section 301.—The conference agreement includes a provision 

included by both the House and Senate allowing appropriations to 

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

Section 302.—The conference agreement includes a provision 

related to the transfer of funds. 

Section 303.—The conference agreement includes a provision allowing up to $11,000 to be used for official representation expenses of the Judicial Conference of the United States. 

TITLE IV—DEPARTMENT OF STATE AND RELATED AGENCY 

In total, the conference agreement includes $8,264,072,000 for 

the Department of State and the Broadcasting Board of Governors. 

Of the total amount provided, $8,129,093,000 is derived from general purpose discretionary funds and $134,979,000 is scored as 

mandatory spending. This funding level includes significant program increases to improve diplomatic readiness and security. The 

conference agreement includes $1,508,101,000 to continue worldwide security activities, including the design and construction of replacement facilities for the most vulnerable overseas posts. 

DEPARTMENT OF STATE 

The conference agreement for the Department of State is intended to continue the Department’s efforts to achieve diplomatic 

readiness, strengthen diplomatic and border security, and institute 

sweeping management reforms. In the past four fiscal years, the 

Congress has provided appropriations increases of over 44 percent 

for the Department’s operating budget, including funding to support the hiring and training of more than 2,000 new employees. The conference agreement includes a total of $7,706,639,000 

for fiscal year 2004 for the Department of State. Of the total 

amount provided, $7,571,660,000 is derived from general purpose 

discretionary funds and $134,979,000 is scored as mandatory 

spending. The overall funding level for fiscal year 2004 represents 

an additional 8.9 percent increase to the operating budget, which 

will support up to 603 new positions. The conferees expect that this 

funding level will allow the Department to meet critical embassy 

security and staffing requirements, modernize its technology and 

equipment, and continue vigorous management reform initiatives 

to right-size America’s overseas presence. 

The conference agreement includes a total of $5,969,805,000 

for the discretionary appropriation accounts under Administration 

of Foreign Affairs; $1,465,305,000 for International Organizations; 

$57,795,000 for International Commissions; and $78,755,000 for 

other activities. The conferees’ priorities for the Department of 

State are delineated in the following paragraphs. 

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ADMINISTRATION OF FOREIGN AFFAIRS

DIPLOMATIC AND CONSULAR PROGRAMS

The conference agreement includes $4,106,701,000 for the Dip- lomatic and Consular Programs account, instead of $4,099,961,000 

as proposed by the House and $3,874,778,000 as proposed by the 

Senate. The conference agreement includes $646,701,000 to continue funding for worldwide security upgrades, $301,563,000 for 

public diplomacy programs, and $40,000,000 for worldwide 

OpenNet and classified connectivity infrastructure. The conference 

agreement represents an increase of $210,868,000 above the fiscal 

year 2003 appropriation. 

The conference agreement includes a program increase of $72,572,000 to support the hiring and training of new foreign service and civil service employees, including foreign service positions 

dedicated to visa adjudication as described in both the House and 

Senate reports. The conferees are concerned that not all of the new 

full-time equivalents hired by the Department under the Diplomatic Readiness Initiative (DRI) are available for worldwide deployment. One of the primary objectives of the DRI was to allow 

the Department to address staffing shortages at U.S. diplomatic 

posts overseas. The Department shall submit a report to the Committees, no later than February 1, 2004, on the number of personnel hired under DRI that are not available for worldwide deployment and on the Department’s plan for ensuring that personnel yet to be hired under DRI are available for worldwide deployment. To the greatest extent possible Foreign Service Officers 

hired during the third and final year of DRI should be available for 

worldwide deployment. 

The conferees urge the Department to move forward expeditiously with its right-sizing plan. Right-sizing refers to the reconfiguration of overseas U.S. Government personnel to the number necessary to achieve U.S. foreign policy goals. The conferees recognize 

that, as the property manager for all U.S. Government properties 

overseas, the Department of State faces considerable pressure to 

accommodate ever-greater numbers of non-State Department personnel in its overseas facilities.

For any right-sizing framework to be effective, it must have 

two main components: (1) a process for determining, internally, the 

appropriate numbers of State Department personnel stationed 

overseas, and (2) an interagency process for determining the appropriate numbers of non-military U.S. government personnel stationed overseas. To this end, the conference agreement includes up 

to $2,000,000 for the Department to establish and operate an Office 

on Right-Sizing the United States Overseas Presence, and adopts, 

by reference, the language on this matter in the House report. The 

conferees expect this new Office, which shall report directly to the 

Undersecretary for Management, to lead the Department’s effort to 

develop internal and interagency mechanisms to better coordinate, 

rationalize, and manage the deployment of U.S. government personnel overseas. 

The conferees commend the Department for its recent steps to 

strengthen internal processes for determining staffing projections 

for overseas personnel needs. However, more needs to be done. The 

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conferees are not aware of any right-sizing analysis in the past 

three years that has resulted in a proposed reduction to a countrywide staffing presence. The conferees are supportive of the concept 

of regionalization. Regionalization refers to the practice of basing 

certain administrative functions and personnel in regional centers, 

or ‘‘hubs’’, thereby creating efficiencies. The conferees note that the 

Department has made less than notable progress towards developing an interagency right-sizing process. The conferees urge the 

Department, with the Office of Management and Budget, to take 

the lead in establishing an interagency process for developing staffing projections for U.S. government facilities overseas. The conferees support the Department’s cost-sharing plan which will encourage other Federal agencies to examine more closely whether 

the personnel they send overseas are truly mission-critical. The 

conferees remind the Department that this interagency process 

should not supercede the authority of the Chiefs of Mission (COM) 

to determine the composition of their posts, but rather to serve as 

a tool and support mechanism for the COM’s. The post must remain at the center of the right-sizing process. 

The conference agreement includes the requirements stipulated in the House report regarding a report on the impact of new 

staffing analysis requirements in the Mission Performance Planning process, and the direction to undertake a review and report 

on the size of the largest overseas missions using the mission performance plan and the right-sizing criteria developed by the General Accounting Office. 

The conference agreement includes program increases as described in the House report for Trafficking in Persons, International Summits, International Religious Freedom, and re-establishing a United States Mission to the United Nations Educational, 

Scientific and Cultural Organization (UNESCO). 

The conference agreement includes language specifying that $301,563,000 is available only for public diplomacy programs. The 

conference agreement continues support for special program initiatives in the Arab and Muslim world, which were significantly expanded in fiscal years 2002 and 2003. 

The conferees are aware of the recently completed report of the 

Advisory Panel on Public Diplomacy, and the Department’s response to the Panel’s recommendations. The amounts provided for 

public diplomacy under this heading and under ‘‘Educational and 

Cultural Exchange Programs’’, including a reallocation of base 

funding toward the Arab and Muslim World, will allow the Department to pursue the Panel’s recommendations. The conferees urge 

the Department to act expeditiously on several items proposed by 

the Panel, including the establishment of an office of policy, plans 

and resources within the Office of the Under Secretary; strengthening the authority of the Under Secretary for Public Diplomacy 

and Public Affairs and improving accountability for public diplomacy resources; improved interagency coordination; increased resources dedicated to program performance measurement and research; expansion of English language office, speaker and fellows 

programs; expansion of American studies programs including 

American Corners; and increased public diplomacy staff with better 

language skills. The conferees expect that significant resources 

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from the Diplomatic Readiness Initiative will be allocated to increased Public Diplomacy staff resources and training. 

The conference agreement includes, by reference, language in 

the Senate report regarding the refining of public diplomacy strategy, including the harmonization of mission and strategy with the 

Broadcasting Board of Governors, and the incorporation of public 

diplomacy into ongoing international assistance and volunteer programs. The conference agreement includes $646,701,000 for worldwide 

security upgrades as proposed by the House, instead of 

$594,373,000 as proposed by the Senate. This conference agreement includes $542,998,000 to provide full year costs of maintaining base security activities at current levels. These activities include perimeter security upgrades, guard services, physical security 

equipment, armored vehicles, personnel, training and wireless communications. The conference agreement includes $7,952,000 for 85 

additional security professional staff positions and $25,300,000 for 

completion of the initial multi-year plan to enhance perimeter security at 243 posts, and technical upgrades at annexes and other 

buildings not included in the original program. The conferees note 

that funds provided under this category may be used for protection 

and security costs in Kabul, Afghanistan. The conference agreement also includes up to $3,000,000 for State Department participation in the TOPOFF III national counterterrorism exercise and 

$5,000,000 for the Center for Antiterrorism and Security Training. The conference agreement includes $736,013,000 for the Department’s Border Security program, to be funded entirely though 

collection of Machine Readable Visa (MRV) fees. The fiscal year 

2004 program level is an increase of $119,192,000, and includes a 

program increase of 125 new consular positions. The conference 

agreement does not include language proposed in the Senate bill 

regarding the automatic transfer of funding to the Border Security 

program in the event of MRV fee shortfalls. The Department received an appropriation of $109,500,000 in Public Law 108–106 to 

cover the estimated shortfall. However, the underlying problem—

that a decline in visa fee revenue could disrupt the Border Security 

program—remains. The conferees direct the Department to submit 

a plan, no later than April 2, 2004, to ensure that visa fee revenue

shortfalls do not disrupt the Department’s critical border security 

operations in fiscal year 2004 or beyond. The conferees urge the 

Department to continue to work on an interagency basis to 

strengthen the visa process to make it an effective antiterrorism 

tool, while avoiding the creation of unnecessary barriers or delays 

to legitimate travel to the United States. 

The conference agreement includes language designating 

$40,000,000 under this account for worldwide OpenNet and classified connectivity infrastructure. These costs were requested under 

the Capital Investment Fund. While that account was the appropriate one for funding the costs of developing and deploying these 

automation initiatives, the conferees agree that the costs of sustaining these systems, including hardware replacement and refreshment, are more appropriately funded under this heading. 

The conference agreement includes, by reference, language in 

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agency task force to monitor the United Nations headquarters renovation project, minority hiring and recruiting, overseas schools, 

extradition, security of classified material, Tibet, the Bureau of 

Legislative Affairs, and U.S. presence in China. The conference 

agreement also includes, by reference, language in the Senate report on financial operations, foreign language proficiency, and 

international trade; and language and corresponding funding levels 

pertaining to the Arctic Council and the Bering Straits Commission. 

The conferees expect the Department and the Bureau of International Organization Affairs to place top priority on international 

human rights protection and advocacy, and to submit a report to 

the Committees by December 15, 2003, presenting an international 

human rights agenda and work plan for the coming year. In addition, the conferees expect the Department to continue the effort 

begun last year to make funds available to each U.S. Embassy to 

translate into the official language of the host country the report 

for the host country from the ‘‘Country Reports on Human Rights 

Practices’’, the ‘‘Annual Report on International Religious Freedom’’, and the ‘‘Trafficking in Persons Report’’ within 30 days of 

issuance, and post those documents on the embassy website along 

with the English version. The Department shall notify the Committees by January 31, 2004, if there are any U.S. Embassies that do 

not comply with this requirement. 

The conference agreement includes such funds as necessary for 

costs associated with fulfilling United States responsibilities with 

regard to participation in interparliamentary meetings, including 

North Atlantic Treaty Organization and Organization for Security 

and Cooperation in Europe meetings taking place during fiscal year 

2004. 

The conference agreement includes language, as in the previous fiscal year, providing that funds under this heading may be 

used for a United States Government interagency task force to examine, coordinate, and oversee United States participation in the 

United Nations headquarters renovation project. 

The conference agreement includes up to $10,000,000 for continuing language education programs, as described in the Senate 

report. 

The conference agreement also includes up to $500,000 for a 

cultural antiquities task force as described in the Senate report. 

The task force will coordinate with all relevant Federal law enforcement and cultural agencies to prevent further looting and promote preservation of Iraq’s historically and culturally significant 

works. The conferees urge the Department to create a database as 

described in the Senate report. The conferees further urge the Department to make changes to visa policies as they pertain to persons found to have looted, damaged, or trafficked historically or 

culturally significant works. The Department shall submit a report 

to the Committees no later than April 15, 2004, on the Department’s progress towards establishing the task force. This report 

should include recommendations concerning the database and 

changes in visa policy. 

622

The conference agreement includes up to $2,000,000 for the 

Ambassador’s Fund for Cultural Preservation, as described in the 

Senate report. 

The conferees are concerned that the Department’s policy of rotating Foreign Service Officers may hinder the work of the Bureau 

of Oceans and International Environmental and Scientific Affairs 

(OES). The successful negotiation of effective international agreements often takes place over an extended period of time and relies 

heavily on historical and institutional knowledge of the pertinent 

issues. The rotation of officers on a three year cycle may inhibit the 

development of such knowledge. The conferees direct the Department to report to the Committees no later than July 1, 2004, on 

the impact of such personnel policies on the United States’ ability 

to negotiate effective international environmental treaties. From 

within the amount available to the OES Bureau, the conferees 

agree that up to $1,000,000 may be available for international 

health affairs. 

The conferees remain concerned about the adequacy of the Department’s efforts to counter the serious problem of international 

child abductions. The conferees direct that the Department use the 

authorities in existing law to prohibit the issuance of visas to international child abductors. The conferees also direct that, henceforward, the Department require that children over the age of one 

year and under the age of 14 be physically present at the time of 

application for a United States passport, or renewal thereof. The 

conference agreement includes up to $1,300,000 to promote international information sharing to combat child pornography as described in the Senate report. 

The conferees direct the Department to undertake a general 

survey of foreign missions operating throughout the United States 

as part of a performance measurement of the work of the Office of 

Foreign Missions. The Department shall report to the Committees 

on the findings of this survey no later than October 1, 2004. 

The conferees are aware of dissatisfaction with the Department’s position regarding certain shipments of mahogany lumber 

from Brazil. It is the understanding of the conferees that the required export permits were obtained by the proprietor of these

shipments from the Government of Brazil, in accordance with existing law. The conferees expect the Department to facilitate the resolution of this matter in a way that is equitable and consistent with 

U.S. law. 

The conferees urge the Department, in consultation with the 

Department of Commerce, to ensure that U.S. conservation standards are applied to foreign fisheries that wish to import fish products to the U.S., consistent with Public Law 101–162. The conferees 

direct the Department to submit an enforcement plan to the Committees by April 1, 2004, as described in the House and Senate reports. The Secretary of State and the Secretary of Commerce shall 

establish standards and measures for bycatch reduction that are 

comparable to U.S. standards, as described in the Senate report. 

As in previous years, the conferees expect that there will be 

additional savings available to the Department, including exchange 

rate gains and vacancies in funded positions. The Department will 

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ed by the recommendation through the normal reprogramming 

process. The conferees are concerned about the Department’s practice of resubmitting reprogramming requests that have previously 

been denied by the Committees on Appropriations. 

Reprogrammings should be resubmitted only if the circumstances 

surrounding the request or the request itself change substantially 

enough to warrant a reevaluation by the Committees. 

CAPITAL INVESTMENT FUND

The conference agreement includes $80,000,000 for the Capital 

Investment Fund, instead of $142,000,000 as proposed by the 

House and $207,000,000 as proposed by the Senate. In addition, 

the conferees expect that $114,000,000 in expedited passport fees 

will be used to support the information technology modernization 

effort, for a total fiscal year 2004 spending availability of 

$194,000,000. 

The entire amount available under this heading, including 

fees, will support investments in new information technologies to 

improve the efficiency of Department operations. Costs associated 

with ongoing information technology operations and maintenance, 

including $40,000,000 for equipment replacement requested under 

this account, are funded under the Diplomatic and Consular Programs account. 

The conferees encourage the Department to allocate funding 

under this heading to the following high priority projects: the 

SMART messaging initiative; public key infrastructure; and up to 

$8,000,000 for the wide area network/thin client prototype. 

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $31,703,000 for the Office 

of Inspector General (OIG) as proposed by the Senate, instead of 

$29,777,000 as proposed by the House. The conference agreement 

includes language, as carried in previous years, waiving the requirement for a five-year post inspection cycle. The conference 

agreement does not include language in the Senate report on conducting risk and threat assessments. 

EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

The conference agreement includes a total of $320,000,000 

under this heading, instead of $345,346,000 as proposed by the 

House and $255,292,000 as proposed by the Senate. The following 

chart displays the conference agreement on the distribution of 

funds by program or activity under this account, including an estimated $7,650,000 in prior year recoveries and unobligated balances:

Amount 

(in thousands) 

Academic Programs: 

Fulbright Students, Scholars, Teachers ....................................... $150,000

Graduate Fellowships/Junior Faculty Development .................... 25,000

Foreign Study Grants for U.S. Undergraduates .......................... 1,600

Educational Advising and Student Services ................................ 3,500

English Language Programs ......................................................... 6,800

American Overseas Research Centers .......................................... 2,700

South Pacific Exchanges ................................................................ 500

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Amount 

(in thousands) 

Tibet Exchanges ............................................................................. 500

East Timor Exchanges ................................................................... 500

Disability Exchange Clearinghouse .............................................. 500

Subtotal, Academic Programs .................................................... 191,600

Professional and Cultural Programs: 

International Visitor Program ....................................................... 58,000

Citizen Exchange Program ............................................................ 22,000

Youth Exchanges/Excellence Awards ............................................ 8,000

Congress-Bundestag Youth Exchange .......................................... 3,000

Mike Mansfield Fellowship Program ............................................ 1,800

Youth Science Leadership Institute of the Americas .................. 100

Special Olympics ............................................................................. 800

Africa Workforce Development Exchanges ................................... 400

Arctic Winter Games ...................................................................... 100

George Mitchell Scholarship Program .......................................... 500

PSC U.S.-Pakistan Educator Development .................................. 250

Institute for Representative Government ..................................... 500

Irish Institute ................................................................................. 350

Northern Forum ............................................................................. 250

Winter Cities Conference ............................................................... 100

Seed Programs ................................................................................ 500

Atlantic Corridor ............................................................................ 250

Interparliamentary Exchanges ...................................................... 150

Subtotal, Professional and Cultural Exchanges ....................... 97,050

Exchanges Support ................................................................................ 39,000

Prior Year Balances Applied ................................................................. (7,650) 

Total, Exchange Programs ......................................................... 320,000

Deviations from this distribution of funds will be subject to the normal reprogramming procedures under section 605 of this Act. 

The conference agreement adopts, by reference, language in 

the House report on the Congress-Bundestag Youth Exchange program; Fulbright exchanges with Tibet; the Leaders in Education 

Initiative; Traditional Public-Private Partnership grants; artistic 

and cultural exchanges; minimizing unnecessary barriers to legitimate travel of exchange program participants; the priority of enhanced support for engaging Arab and Muslim audiences through 

exchange programs; the allocation of funding under this heading 

for the Near East and South Asia regions; and the allocation of all 

resources under this account in accordance with worldwide policy 

priorities. 

The conference agreement adopts, by reference, language in 

the Senate report regarding a program for Afghan women; the Fulbright program in Iraq; and a Council of American Overseas Research Centers program on diamond fingerprinting. 

The conference agreement includes increased funding for exchanges with the countries of Eastern Europe and the former Soviet Union built into the base programs funded under this account. 

The conference agreement includes, by reference, language in the 

House report on funding levels for staff and administrative support. Funding in the preceding chart includes funding for the Future Leaders Exchange Program. No funding under this account 

shall be expended for programs that have foreign assistance or 

international development as the primary goal. The conference 

625

agreement does not include funding for programs, previously funded by transfers from other appropriations, which do not directly relate to international educational and cultural exchanges of persons. 

The amount provided for Graduate Fellowships is for all such programs worldwide. 

The conferees recognize, in particular, the notable success of 

the Fulbright Educational Exchange Program. The conferees commend Fulbright for developing innovative initiatives, such as the 

Fulbright Legacy Fund. 

Within funds identified in the above chart for ‘‘Seed Programs’’, the conferees expect the Department to consider supporting grants for an African career internship immersion program, 

a youth cultural festival exchange program, a program to promote 

religious tolerance and understanding through artistic and cultural 

exchanges, and the five programs listed in the Senate report under 

the heading ‘‘Seed Programs’’. Should additional funds become 

available during the course of the fiscal year, the conferees encourage the Department to provide additional funding to the Institute 

for Representative Government. 

The conferees recognize, in particular, the notable success of 

the Fulbright Educational Exchange Program. The conferees commend Fulbright for developing innovative initiatives, such as the 

Fulbright Legacy Fund. 

REPRESENTATION ALLOWANCES

The conference agreement includes $9,000,000 for representation allowances as proposed by the House, instead of $6,643,000 as 

proposed by the Senate. The conference agreement includes, by reference, language in the House report regarding the submission of 

a quarterly report on expenditures under this account. 

PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

The conference agreement includes $10,000,000 under this 

heading as proposed by both the House and the Senate. The conference agreement includes, by reference, language in the House 

report regarding the Department’s treatment of reimbursement requests, and the submission of a report on budgeting for protection 

expenses in light of heightened security measures. 

EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

The conference agreement includes a total appropriation of 

$1,391,400,000 for Embassy Security, Construction, and Maintenance. The conference agreement designates $861,400,000 as available only for priority worldwide security upgrades, acquisition, and 

construction, the full amount requested for such activities. The conference agreement includes $530,000,000 for base programs and 

non-security construction costs. The conference agreement includes 

full requested wage and price increases for the Department’s Bureau of Overseas Buildings Operations (OBO), which will support 

787 positions in fiscal year 2004. The conference agreement includes $20,000 for domestic and overseas representation, instead of 

$15,000 proposed by the House and $25,000 proposed by the Senate. 

626

The conference agreement includes $861,400,000 for worldwide 

security upgrades, including $761,400,000 to continue the capital 

security program of constructing new secure replacement facilities 

for the Department’s most vulnerable embassies and consulates. 

None of the funds made available under the Security Capital Construction program shall be used for facilities that are exclusively 

for the use of a non-State Department agency. Within the funds 

made available under this category, the conferees expect the Department to undertake new office building projects from among the 

highest priority facilities listed in the Long Range Overseas Buildings Plan. Projects funded under this account must follow a rigorous rightsizing methodology. The conferees expect that such 

rightsizing efforts will enable the Department to support ten new 

security capital embassy or consulate construction projects instead 

of seven as proposed in the budget request. 

The conferees understand that the Department has evaluated 

options for a new embassy facility in Beirut, Lebanon. The conferees expect the Department to report to the Committees no later 

than 30 days after the enactment of this Act on the status of plans

to construct such a facility, and to allocate funds provided under 

this heading, if appropriate. 

The conference agreement includes, by reference, language in 

the House report regarding capital security cost sharing, compound 

security, security capital projects fully meeting existing security 

standards, immediate notification on serious security risks, reprogramming, and right-sizing. The conference agreement includes, 

by reference, language in the Senate report on a project at U.S. 

Embassy Mexico and asset management funds. 

The conference agreement includes up to $15,000,000 to secure 

and protect soft targets, up to $8,000,000 for consular workspace 

improvements, and up to $20,000,000 for buyout of uneconomic 

leases, as described in the Senate report. 

The conference agreement does not include funds requested 

under this heading for a new Embassy in Berlin, Germany, and instead proposes that this project be funded entirely from funds 

available in the assets management account. The conferees agree 

that the total amount to be provided from proceeds of sale for the 

Berlin project is $128,300,000, and that the facility will be sized to 

correspond with this project budget. The conference agreement includes, by reference, language in the House report regarding the 

disposal of property at posts that have had funding approved for 

the construction of a new secure compound. 

The conferees direct the Department to provide a report no 

later than July 1, 2004, which justifies the continued need for a 

U.S. consulate in Rio de Janeiro, Brazil, which is located approximately 260 miles away from the U.S. Consulate in Sao Paulo, 

Brazil. 

The conferees expect the Department to submit to the Committees any waiver or waivers signed by the Secretary of State in accordance with section 606(a)(2) and section 606(a)(3) of the Secure 

Embassy Construction and Counterterrorism Act of 1999 (Public 

Law 106–113) within five days of the Secretary’s signature of such 

a waiver or waivers. 

627

The conferees direct that the budget categories of ‘‘interiors 

and furnishings’’, ‘‘seismic programs’’, and ‘‘energy conservation’’ be 

funded at no less than fiscal year 2003 levels. 

EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

The conference agreement includes $1,000,000 under this 

heading as proposed by the House, instead of $1,000 as proposed 

by the Senate. The conference agreement anticipates that carryover 

balances from fiscal year 2003 will be available for obligation in fiscal year 2004. Within prior year unobligated balances, the conferees expect that at least $4,000,000 will be used for the cost of 

hosting the 2004 Summit of the Industrialized Nations. 

REPATRIATION LOANS PROGRAM ACCOUNT

The conference agreement includes $612,000 for the subsidy 

cost of repatriation loans and $607,000 for administrative costs of 

the program as proposed by both the House and Senate. 

PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

The conference agreement includes $18,782,000 under this 

heading as proposed by the House, instead of $19,893,000 as proposed by the Senate. The conference agreement includes, by reference, language in the House report regarding the submission of 

a fiscal year 2004 spending plan, except that such plan shall be 

submitted by December 31, 2003. 

PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY

FUND

The conference agreement includes $134,979,000 under this 

heading, as proposed by both the House and the Senate. 

INTERNATIONAL ORGANIZATIONS

CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

The conference agreement includes $1,010,463,000 under this 

heading as proposed by the House, instead of $921,888,000 as proposed by the Senate. 

The conference agreement includes, by reference, language in 

the House report regarding offset of exchange rate losses, reprogramming to meet additional unanticipated costs of UNESCO 

membership, UNESCO reforms, reassessment of U.S. membership 

in certain international organizations, reform and budget discipline, the UN regular budget, and the Pan American Health Organization. The conference agreement includes, by reference, language from the Senate report regarding the provision of certain information to the Senate Committee on Appropriations regarding 

the Organization for Economic Cooperation and Development. 

The conference agreement includes language requiring the Secretary to transmit the most recent biennial budget for the operations of the UN. The conference agreement includes language, as 

in fiscal year 2003, providing that funds within the Diplomatic and 

Consular programs account may be used for a United States Government interagency task force to examine, coordinate, and oversee 

628

United States participation in the United Nations headquarters 

renovation project. The conferees are concerned that the task force 

is not drawing upon the expertise of the Bureau of Overseas Buildings Operations (OBO) of the Department of State to the degree 

that it should be. The conferees direct the task force to coordinate 

its efforts with OBO and to consult with senior OBO officials in formulating its recommendations. 

The conferees are aware of significant potential benefits that 

could result from U.S. participation in the International Coffee Organization (ICO). The Department may propose to use funds provided under this heading, through the regular reprogramming process under section 605 of this Act, for costs associated with rejoining 

ICO. 

CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

The conference agreement includes a total funding level of $550,200,000 for payments for Contributions for International 

Peacekeeping Activities as proposed by the House, instead of 

$482,649,000 as proposed by the Senate. The conference agreement 

includes $454,842,000 in new direct appropriations and 

$95,358,000 in prior year unobligated balances, and will provide for 

the full payment of anticipated fiscal year 2004 assessments for 

United Nations peacekeeping missions. The conference agreement 

includes language making ten percent of the amount provided 

available for two fiscal years. 

The conference agreement includes, by reference, language in 

the House report regarding UN peacekeeping in the Western Sahara; UN peacekeeping reform; benchmarks for mission performance and termination; UN peacekeeping in the Democratic Republic of the Congo; and the Office of Internal Oversight Services. The 

conference agreement includes, by reference, language in the Senate report regarding peacekeeping reports. The allocation of funds 

under this account to specific missions shall be subject to the reprogramming requirements in section 605 of this Act. 

The conferees support the work of the Special Court for Sierra 

Leone, and expect the United Nations Mission in Sierra Leone to 

provide support, as necessary, to the Court. The conferees urge the 

Department to work with the Court and other nations to ensure 

the expeditious prosecution of indicted persons. 

The conferees direct the Department to provide a report to the 

Committees, no later than August 1, 2004, outlining the Department’s views and strategies regarding United Nations peacekeeping missions that have been in existence for more than 10 

years. The report shall include an assessment of the possibilities 

for near-term drawdowns or terminations, and detailed justifications for the continuation of such missions. The report shall also 

include recommendations for U.S. policies regarding such missions. 

INTERNATIONAL COMMISSIONS

INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES

AND MEXICO

The conference agreement includes a total of $29,551,000 for 

the International Boundary and Water Commission, United States 

629

and Mexico (IBWC). The total amount provided includes 

$26,000,000 for Salaries and Expenses and $3,551,000 for Construction. The conference agreement includes language authorizing 

not to exceed $6,000 for representation expenses. 

SALARIES AND EXPENSES

The conference agreement for the Salaries and Expenses account includes $26,000,000, instead of $25,668,000 as proposed by 

the House and $28,312,000 as proposed by the Senate. The conference agreement includes, by reference, language in the House 

report regarding the use of surplus operations and maintenance 

funding through reprogramming. 

CONSTRUCTION

The conference agreement includes $3,551,000 in new direct 

appropriations under this heading, instead of $5,500,000 as proposed by the House and $8,201,000 as proposed by the Senate. The 

conferees agree that the Commission may use an additional 

$3,125,000 in prior year unobligated balances for fiscal year 2004 

for a total spending level of $6,676,000. 

The conference agreement spending levels for ongoing projects 

are: $2,306,000 for Boundary-wide construction; and $2,305,000 for 

Rio Grande construction. The conference agreement also includes 

$950,000 for compliance with the Surfriders consent decree. Any 

additional obligations under this heading within the total spending 

level cited above, including any new project starts, shall be subject 

to the reprogramming process described in section 605 of this Act. 

The conference agreement assumes that the IBWC may carry 

out requested Western Boundary activities using prior year unobligated balances, and propose a distribution of such funds through 

the regular reprogramming process. The conferees encourage the 

IBWC to attempt, if possible, to achieve greater secondary treatment of Mexican sewage within current funding levels under this 

account. Any plan that assumes a significant increase in appropriations under this heading in future years is not feasible given resource restraints and competing priorities. 

AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

The conference agreement includes a total of $8,944,000 under 

this heading as proposed by the House, instead of $10,942,000 as 

proposed by the Senate. This amount includes $1,261,000 for the 

International Boundary Commission, $5,550,000 for the International Joint Commission and $2,133,000 for the Border Environment Cooperation Commission. The conference agreement includes, 

by reference, language in the House report regarding funding for 

a study of the water regulation plan governing Lake Ontario and 

the St. Lawrence River.

INTERNATIONAL FISHERIES COMMISSIONS

The conference agreement includes $19,300,000 under this heading, instead of $16,989,000 as proposed by the House. The 

Senate proposed $20,043,000 for this purpose under the Department of Commerce. The conference agreement includes $2,250,000 

630

for the Pacific Salmon Commission, $2,100,000 for the Inter-American Tropical Tuna Commission, $2,180,000 for the International 

Pacific Halibut Commission, and $12,248,000 for the Great Lakes 

Fishery Commission, of which not less than $700,000 is for 

lampricide in Lake Champlain. The conferees expect the Department to allocate the balance of funds in the conference agreement, 

and, through the regular reprogramming process, any additional 

funds that may become available, to priority commissions. In allocating the balance of funds, the conferees encourage the Department to particularly consider funding needs of the International 

Whaling Commission, the International Commission for the Conservation of Atlantic Tunas, the North Pacific Anadromous Fish 

Commission, the Inter-American Sea Turtle Convention Commission, and the North Pacific Marine Science Organization. The conferees are aware that the Department may propose to reprogram 

funds to meet the needs of the various fisheries commissions 

should funding become available. 

The conferees expect the Department to take immediate action 

to evaluate and prioritize United States participation in, and funding for, international fisheries commissions. In a climate of limited 

resources the conferees continue to insist that the Department operate within appropriated amounts, prioritize as necessary among 

commissions according to policy goals, take steps as necessary to 

withdraw from lower priority commissions, and refrain from entering into new commitments. 

OTHER

PAYMENT TO THE ASIA FOUNDATION

The conference agreement includes $13,000,000 under this 

heading, instead of $10,376,000 as proposed by the House and no 

funding as proposed by the Senate. 

INTERNATIONAL CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

TRUST FUND

The conference agreement includes language creating a permanent trust fund for the International Center for Middle EasternWestern Dialogue Trust (in Section 634). The purpose of this fund 

is to provide for the operations of the Center in Istanbul, Turkey, 

on an annual basis. 

The conference agreement includes $7,000,000 under this 

heading to be deposited in the International Center for MuslimWestern Dialogue Trust (the Center) for the perpetual operations 

of the Center. The Center is located in the historic Palazzo Corpi, 

formerly the U.S. Consulate building in Istanbul, Turkey. The purpose of the Center is to develop programs of cooperative study, 

training, and research for students and scholars to exchange views 

and ideas. The Center shall develop regional-based dialogue groups 

on such topics as post-war Iraq and the empowerment of women 

in Iraq’s government and leadership, among others. The conferees 

encourage non-profit organizations to play a continuing role in the 

administration of the Center and in the execution of its programs. 

The conference agreement also includes $250,000 for a steering 

committee, chaired by the Council of American Overseas Research 

631

Centers (CAORC), to establish the Center. The CAORC may use 

the funds provided under this heading for steering committee meetings and planning workshops to be held in Istanbul, Turkey, and 

the United States. The steering committee shall seek to achieve the 

following goals: identify potential partners in the U.S. and abroad; 

review all aspects of the structure of the Center and make recommendations concerning its governance, by-laws, internal organization, and modes of operation. In addition, CAORC shall be the 

coordinating liaison with concerned federal and private agencies, 

monitor progress and report to the Committees on Appropriations 

on an annual basis. 

EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

The conference agreement includes an appropriation for fiscal 

year 2004 of interest and earnings from the Eisenhower Exchange 

Fellowship Program Trust Fund, expected to total $500,000. The 

conference agreement includes, by reference, language in the House 

report regarding geographical priorities and the selection of fellows. 

ISRAELI ARAB SCHOLARSHIP PROGRAM

The conference agreement includes an appropriation for fiscal 

year 2004 of interest and earnings of the Israeli Arab Scholarship 

Endowment Fund, expected to total $375,000. 

EAST-WEST CENTER

The conference agreement includes $17,880,000 under this 

heading, instead of no funds as proposed by the House and 

$19,000,000 as proposed by the Senate. The conference agreement 

includes language waiving an authorization requirement for fiscal 

year 2003 appropriations under this heading. 

NATIONAL ENDOWMENT FOR DEMOCRACY

The conference agreement includes $40,000,000 for the Na- tional Endowment for Democracy (NED), instead of $42,000,000 as 

proposed by the House and $36,000,000 as proposed by the Senate.

RELATED AGENCY 

BROADCASTING BOARD OF GOVERNORS INTERNATIONAL

BROADCASTING OPERATIONS

The conference agreement includes $546,038,000 to carry out 

United States International Broadcasting Operations for fiscal year 

2004. The conference agreement adopts, by reference, House language regarding communications with the Committees on Appropriations, and language under the headings of Arabic Television, 

Language Service Review and Research, Africa Broadcasting, and 

Anti-Jamming Efforts. 

The conference agreement adopts, by reference, Senate language under the headings of Africa Broadcasting, Security of 

Worldwide Broadcasting Facilities, Middle East Television Network, and Jamming. 

The conferees support efforts to devote more resources to regions of the world that have had exposure to U.S. broadcasting efVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00635 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
632

forts, with particular attention to the Middle East and to Muslim 

populations around the globe. The conferees adopt the Broadcasting Board of Governors’ (BBG) proposal regarding funding for 

language services in central and eastern European nations that 

have been invited to become new member states of the European 

Union or the North Atlantic Treaty Organization, and have received a Freedom House press freedom ranking equal to that of the 

United States. The conferees expect the BBG to continue to monitor the press freedoms in these countries, and throughout the 

world, and advise the Committees on Appropriations regarding any 

change to language service priorities. 

BBG’s proposal would reduce, but not eliminate, language 

services to the Ukraine and Armenia. The conferees understand 

the VOA Armenian programming would be merged with Radio Free 

Europe/Radio Liberty (RFE/RL) broadcasting efforts. The conferees 

understand the BBG would not eliminate broadcasting in Romanian or Croatian. 

The conference agreement adopts BBG’s proposal to double 

VOA radio broadcasts and increase television broadcasts to Indonesia. 

The conferees continue to support RFE/RL programming efforts in Persian, Tajik, Uzbek, Turkmen, Arabic, Kazakh, Kyrgyz, 

and Azeri. The conferees commend RFE/RL for developing programming in Avar, Chechen, and Circassian, and for expanding 

broadcasting to the Northern Caucasus. The conferees recognize 

the continuing importance of broadcasting objective, uncensored information to the isolated minorities of the Northern Caucasus in 

their native languages. 

The conferees continue to support Radio Free Asia’s broadcasting efforts to China, Tibet, Burma, Vietnam, North Korea, 

Laos, and Cambodia and VOA’s efforts in North Korea. The conference agreement includes funding to continue daily Uyghur 

broadcasts. 

The conferees expect BBG to provide up to $1,000,000 to administer a pilot program using Internet technologies to overcome 

jamming of broadcasts to China. 

The conference agreement adopts BBG’s proposal to streamline 

and reduce costs of management and administration throughout 

the BBG, including the realignment of RFE/RL staff from headquarters to regional bureaus. 

The conference agreement includes the realignment of the CFO 

office as proposed in a prior reprogramming notification to the 

Committees on Appropriations. 

The conferees expect the BBG to provide a spending plan to 

the Committees on Appropriations in both the House and Senate 

by no later than February 14, 2004. 

The conference agreement includes language providing for 

radio and television broadcasting to the Middle East under the 

Middle East Television Network. 

The conference agreement includes funding for Office of Cuba 

Broadcasting (OCB) under this heading. The conferees commend 

the OCB for the successful completion of the conversion to digital 

audio and computer networking technologies. The conferees direct 

the BBG to pursue alternative means of transmission, including 

633

Internet transmission. The conferees expect BBG to provide up to 

$1,200,000 for this activity. 

Further, the conference agreement does not include funding requested for the operating costs related to transmission stations 

that are not currently in operation. 

The conferees understand the Administration has engaged the 

government of the Czech Republic regarding the relocation of the 

headquarters facility of the RFE/RL from St. Wenceslas Square in 

Prague, the Czech Republic, to a different location. The conferees 

further understand that, to date, the BBG and RFE/RL have not 

reached agreement with the Czech Republic on a suitable site within the Czech Republic for relocation. The conferees direct the 

Chairman of the BBG to submit no later than April 1, 2004, a relocation plan to the Committees on Appropriations. The plan shall 

include at least four possible sites, developed in consultation with 

the Director of the Department of State’s Bureau of Overseas 

Buildings Operations. In determining the site options, the conferees direct the BBG to consider sites in other countries in the region in addition to the Czech Republic, and include a comparison 

of the long-term costs of operating in the different countries. 

The BBG is directed to submit a spending plan for funds provided under this heading, in accordance with section 605 of this 

Act. 

BROADCASTING CAPITAL IMPROVEMENTS

The conference agreement includes $11,395,000 for broadcasting capital improvements, as proposed by both the House and 

Senate.

The conference agreement adopts, by reference, House language regarding a certain transmitting station. The conferees expect the Board to keep the Committees on Appropriations in both 

the House and Senate informed on the status of its efforts to acquire additional transmission capabilities in the Middle East, including Egypt. 

GENERAL PROVISIONS—DEPARTMENT OF STATE AND RELATED

AGENCY

The conference agreement includes section 401, permitting the 

use of funds for allowances, differentials and transportation. 

The conference agreement includes section 402 dealing with 

transfer authority. 

The conference agreement includes section 403 prohibiting the 

use of funds by the Department of State or the Broadcasting Board 

of Governors to provide certain assistance to the Palestinian Broadcasting Corporation. 

The conference agreement includes section 404 regarding the 

recording of place of birth on certain passport applications. 

The conference agreement includes section 405 regarding certain State Department Basic Authorities. 

The conference agreement includes section 406 regarding the 

denial of visas in certain instances. Nothing in this section shall be 

construed as cutting off the need to continue administrative processing of visa applications after 60 days. 

634

The conference agreement includes section 407 waiving certain 

authorization requirements. 

The conference agreement includes section 408 regarding the 

Senior Policy Operating Group on Trafficking in Persons. The conference agreement includes language clarifying the responsibilities 

of the Senior Policy Operating Group on Trafficking in Persons. 

The conferees understand that the Operating Group has been actively meeting and performing its designated functions since enactment of Section 406 of division B of Public Law 108–7. The conferees agree that all anti-trafficking policies, grants and grant policies shall be covered by the provisions of Section 406 of division B 

of Public Law 108–7. The conference agreement also includes language clarifying that the Senior Policy Operating Group and its 

chairman are the coordinating body (and official) accountable for 

federal anti-trafficking policies, grants and grant policies. The conferees are concerned by recent administrative efforts to subordinate 

and transfer the Operating Group’s coordinating responsibilities. 

The language also makes clear that the coordinating responsibilities of the Operating Group are not intended to supercede the decision making authority of the constituent members of the Task 

Force to Monitor and Combat Trafficking in Persons, to whom Operating Group members continue to report. The Operating Group 

is, and was intended to serve as, the forum for interagency coordination of anti-trafficking policies, even as final decisions regarding 

any such policies are necessarily vested with the President and the 

senior officials who comprise the Task Force. The conferees agree 

that the Senior Operating Group and its chair have successfully 

performed the coordinating functions assigned to them. 

The conference agreement includes section 409 regarding State 

Department provision of certain information to the Committees on 

Appropriations. 

TITLE V—RELATED AGENCIES 

ANTITRUST MODERNIZATION COMMISSION

SALARIES AND EXPENSES

The conference report includes $1,200,000 for the Antitrust 

Modernization Commission instead of $1,799,000 as provided by 

the House. The Senate did not fund this commission. 

COMMISSION FOR THE PRESERVATION OF AMERICA’S HERITAGE

ABROAD

SALARIES AND EXPENSES

The conference agreement includes $496,000 for the Commission for the Preservation of America’s Heritage Abroad, instead of 

$499,000 as proposed by the House and $659,000 as proposed by 

the Senate. The conference agreement will allow the Commission 

to fund its administrative expenses through appropriated funds 

while relying on other sources of funding for actual purchase and 

restoration of property. 

The conference agreement includes, by reference, language in 

the House Report under this heading. 

635

The conferees encourage the Commission to undertake Phase 

II of its survey of sites abroad associated with the lives and deeds 

of foreign-born heroes of the American Revolution.

COMMISSION ON CIVIL RIGHTS

SALARIES AND EXPENSES

The conference agreement includes $9,096,000 for the salaries 

and expenses of the Commission on Civil Rights for fiscal year 

2004, as proposed in both the House and Senate bills. 

The conferees note that the Commission has achieved cost savings in fiscal year 2003 by holding its monthly meetings in Washington, DC, versus other locations around the country. 

The conferees urge the Commission to continue to seek cost 

savings in this manner. In addition, the conferees encourage the 

Commission to address the recommendations made by the October 

2003 General Accounting Office report, which suggested establishing greater controls over contracting activities and meeting financial statement preparation and audit requirements. 

COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

SALARIES AND EXPENSES

The conference agreement includes $3,000,000 for the Commission on International Religious Freedom, as proposed by the House, 

instead of $2,000,000 as proposed by the Senate. 

The conference agreement includes, by reference, language in 

the House Report under this heading. 

COMMISSION ON SECURITY AND COOPERATION IN EUROPE

SALARIES AND EXPENSES

The conference agreement includes $1,615,000 for the Commission on Security and Cooperation in Europe as proposed by the 

House and the Senate. 

The conference agreement includes, by reference, language in 

the House Report under this heading. 

CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE’S

REPUBLIC OF CHINA

SALARIES AND EXPENSES

The conference agreement includes $1,800,000 for the Congressional-Executive Commission on the People’s Republic of China, as 

proposed by the House, instead of $1,400,000, as proposed by the 

Senate. The conference agreement also includes new language 

making $300,000 available for the Political Prisoners Registry. 

The conference agreement includes, by reference, language in 

the House Report under this heading. 

636

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $328,400,000 for the salaries and expenses of the Equal Employment Opportunity Commission (EEOC) for fiscal year 2004, as proposed by the House, instead 

of $334,754,000 as proposed by the Senate. 

The conferees recognize that the Chair and Commissioners 

have engaged EEOC stakeholders in a public forum in order to 

hear many different perspectives on the proposed restructuring effort. However, the conferees remain concerned about the impact 

this restructuring will have on the quality of service provided by 

the agency. The Committees on Appropriations should be kept apprised of any organizational changes, in accordance with the reprogramming requirements in Section 605 of the Act. 

The conferees are aware of the many financial management 

initiatives the EEOC has successfully undertaken over the last 

year, and the conferees commend the Commission for these actions. 

The Commission is urged to continue these cost saving measures 

and the financial management discipline it has instituted. The conference agreement adopts, by reference, the language in the House 

report requiring quarterly reports on planned and actual spending 

and staffing levels. The conference agreement also includes, by reference, the language in the House report on Alternative Dispute 

Resolution programs.

FEDERAL COMMUNICATIONS COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $273,958,000 for the salaries and expenses of the Federal Communications Commission 

(FCC) for fiscal year 2004, instead of $278,958,000 as provided by 

the House and $277,798,000 as provided by the Senate. Of the 

amounts provided, $272,958,000 is to be derived from offsetting fee 

collections, resulting in a net direct appropriation of $1,000,000. 

The FCC performs four major functions: spectrum allocation, 

creating rules to promote fair competition and protect consumers 

where required by market conditions, authorization of service, and 

enforcement. The conferees direct the FCC to expend for enforcement in fiscal year 2004 an amount equal to or greater than the 

amount expended for enforcement in fiscal year 2003. 

The conference agreement includes, by reference, language included in the House and Senate reports on broadcast television 

standards. The conference agreement includes, by reference, language in the Senate report regarding Universal Service Fund audits and wireless portability. 

The conferees are pleased that the FCC is voluntarily examining the practice of Commissioners and staff receiving travel payments from entities it regulates in order to largely eliminate section 1353 travel. The FCC should inform the Committees on Appropriations of any resulting changes to the travel policy. The conference agreement includes a level of funding that is sufficient to 

accommodate mission-critical travel. 

637

The conference agreement allows the FCC to spend up to $85,000,000 to administer the spectrum auctions program. In addition, all collections retained by the FCC in accordance with section 

309(j)(8)(B) of the Communications Act of 1934 are subject to the 

requirements of section 605 of this Act. 

FEDERAL TRADE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $186,041,000 for the Fed- eral Trade Commission (FTC), instead of $183,041,000 as proposed 

by the House and $189,032,000 as proposed by the Senate. Of the 

amounts provided, $112,000,000 is derived from Hart-Scott-Rodino 

premerger filing fees, $23,100,000 is derived from Do-Not-Call fees, 

and $50,941,000 is derived from discretionary appropriations. 

The conference agreement adopts by reference the House report language requiring GAO to study the implementation of the 

Do-Not-Call program and determine whether the Commission is 

achieving its goal of reducing by 80 percent the number of telemarketing calls received by registered consumers. To improve responsiveness to an individual’s decision to enroll in the Do-Not-Call 

program, the conference report includes bill language requiring 

telemarketers who are subject to the Telemarketing Sales Rule to 

obtain from the Federal Trade Commission the list of telephone 

numbers on the Do-Not-Call registry once a month. 

The conference agreement adopts by reference the House report language concerning violent video games. In addition, the conferees direct the Commission to make the toll free consumer complaint line (1–877–FTC-HELP) and the Commission’s web-site 

available for consumer complaints on media violence. The Commission should make consumers aware that the complaint line and 

web-site are available for this purpose. 

The conference agreement adopts by reference the Senate report language concerning child protection, the Internet, and commercial fleet card programs. 

Federal Deposit Insurance Act.—In the Fiscal Year 2003 Conference Report, the conferees directed the General Accounting Office (GAO) to study the enforcement of section 43 of the Federal 

Deposit Insurance Act and make recommendations to the Committees on Appropriations on which Federal agency could most effectively enforce this provision. GAO Report 03–971 recommends that 

the Commission is the best among the Federal agencies considered 

to enforce the consumer protection activities of this provision. In 

addition, the report also concludes that the most apparent impact 

on consumers, from the lack of enforcement of section 43, may result from non-Federally insured credit unions not providing adequate disclosure that they are not Federally insured. Based on 

these recommendations, the conference agreement revises language 

included in the House and Senate bills requiring enforcement concerning disclosure and annual independent audits, but maintains 

the prohibition of enforcement of section 43(e) concerning the eligibility of Federal deposit insurance. 

In the enforcement of section 43, the FTC is directed to consult 

with the Federal Deposit Insurance Corporation and the National 

638

Credit Union Administration when determining the manner and 

content of disclosure requirements, and to coordinate with State supervisors of non-Federally insured depository institutions to assist 

in enforcing these requirements. 

HELP COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $3,000,000 for necessary 

expenses of establishing the Helping to Enhance the Livelihood of 

People (HELP) Around the Globe Commission. The conference 

agreement also includes authorization language under title VI of 

this Act concerning the Commission and its activities.

LEGAL SERVICES CORPORATION

PAYMENT TO THE LEGAL SERVICES CORPORATION

The conference agreement includes $338,848,000 for the payment to the Legal Services Corporation, as proposed in both the 

House and Senate bills. The recommendation is $9,548,000 above 

the budget request. Of the amounts provided, the Legal Services 

Corporation will provide $2,500,000 in grants equitably distributed 

to the ten states most negatively affected by recent census-based 

reallocations. 

ADMINISTRATIVE PROVISION

The conference agreement includes bill language to continue 

the terms and conditions included under this section in previous 

Appropriations Acts. 

MARINE MAMMAL COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $1,856,000 for the Marine 

Mammal Commission, as proposed by the House, instead of 

$3,063,000 as proposed by the Senate. An additional $1,207,000 is 

provided by transfer from the National Oceanic and Atmospheric 

Administration, Operations, Research, and Facilities account. The 

conference agreement includes, by reference, the language in the 

Senate report on the cost effectiveness of current protection programs and the effects of rogue killer whales on the most endangered marine mammals. 

NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION

The conference agreement includes $2,000,000 for the National 

Veterans Business Development Corporation as provided by the 

House and the Senate. The conferees note that the Corporation’s 

authorizing legislation mandates that it institute a plan to raise 

private funds and become a self-sustaining corporation by the end 

of fiscal year 2004. The conferees encourage efforts by the Corporation to meet this goal. 

639

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $811,500,000 for the Securities and Exchange Commission, instead of $841,500,000 as provided by the House and Senate. 

Staffing.—In fiscal year 2003, the Commission was provided 

with funding for 840 new positions to protect investors and implement the Sarbanes-Oxley Act. The fiscal year 2004 budget request 

assumed that the 840 new positions funded in fiscal year 2003 

would be hired by the start of fiscal year 2004. The conferees understand the Commission has had difficulty hiring accountants and 

examiners but that Public Law 108–44 provides the Commission 

with greater flexibility in hiring these positions. The conferees understand that through November 1, 2004, the Commission has only 

been able to increase its staff by 309. As a result of lower than anticipated on-board staffing levels, the conference agreement has reduced the level of funding provided to the Commission by 

$30,000,000. The conferees direct the Commission to continue to 

work to fill all of the 840 new positions as quickly as possible and 

to provide the Committees on Appropriations with quarterly staffing reports. 

The conference agreement adopts by reference the Senate report language concerning pay parity and enforcement. The conference agreement adopts by reference the Senate report language 

concerning data management and includes such sums as are necessary to fund these efforts. The conference agreement adopts by 

reference the Senate report language requiring a monthly report to 

the Senate Appropriations Committee listing the exercise of stock 

options by corporate officers and directors. The conference agreement adopts by reference the House report language requiring 

GAO to study the Commission’s allocation of funding increases provided in fiscal years 2003 and 2004. The conference agreement 

adopts by reference all of the House report language concerning the 

establishment of an Office of Global Security Risk within the Division of Corporation Finance.

SMALL BUSINESS ADMINISTRATION

The conference agreement provides a total of $718,343,000 for 

the four appropriations accounts of the Small Business Administration (SBA). Detailed guidance for the four SBA appropriation accounts is contained in the following paragraphs. 

SALARIES AND EXPENSES

The conference agreement includes $325,750,000 for the salaries and expenses account of the SBA instead of $326,592,000 as 

provided by the House and $332,413,000 as provided by the Senate. 

Of the amount provided under this heading, $185,000,000 is for operating expenses of the SBA. In addition, a total of $136,500,000 

from other SBA accounts may be transferred to and merged with 

the salaries and expenses account for indirect operating costs. This 

amount consists of $128,000,000 from the Business Loans Program 

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account and $8,500,000 from the Disaster Loans Program account 

for the administrative expenses related to those accounts. 

The conference agreement includes the full amount requested 

for Low Documentation Processing Centers and expects the SBA to 

continue to help small businesses adapt to a paperless procurement 

environment. 

The conferees adopt by reference the House report language 

concerning the submission of a long-range plan for the implementation of the loan monitoring system and the joint accounting and administrative systems project. 

Non-Credit Programs.—The conference agreement includes the 

following for the non-credit programs of the SBA:

Regulatory Fairness Boards/National Ombudsman ........................... $500,000 

Advocacy Research ................................................................................. 1,100,000 

Veterans Programs ................................................................................ 750,000 

7(j) Technical Assistance Programs ...................................................... 2,000,000 

Small Business Development Centers ................................................. 89,000,000 

SCORE .................................................................................................... 5,000,000 

Women’s Business Centers ................................................................... 12,500,000 

Women’s Business Council .................................................................... 750,000 

Native American Outreach ................................................................... 2,000,000 

Drug-free Workplace Program .............................................................. 1,000,000 

Business Information Centers .............................................................. 400,000 

Microloan Technical Assistance ............................................................ 15,000,000 

PRIME Technical Assistance ................................................................ 5,000,000 

SBIR Technical Assistance ................................................................... 250,000 

SBIR—FAST .......................................................................................... 2,000,000 

HUBZones .............................................................................................. 2,000,000 

US Export Assistance ............................................................................ 1,500,000 

Total, non-credit programs ......................................................... 140,750,000

The SBA shall not reduce these non-credit programs to fund 

operating costs. Of the amounts provided for the Small Business 

Development Center (SBDC) program, $500,000 shall be available 

for the South Carolina Women’s Business Center. In addition, SBA 

shall fund the SBDC defense transition program and the regulatory 

compliance simplification program at the fiscal year 2003 level. The 

conferees adopt by reference the House report language requiring 

SBA to submit a report to the Committees on Appropriations within 90 days of enactment of this Act describing the various programs 

offered by SBDCs to support American small businesses. 

SBA is directed to report to the Committee prior to closing any 

Business Information Centers. The report should include a justification for closing the particular office and a detailed proposal as 

to how services will be provided to the affected community in the 

future. 

The conferees adopt by reference the Senate report language 

concerning an electronic grant system. The conferees support the 

SBA’s 8(a) business development program internet application program. 

The conferees adopt by reference the Senate report language 

directing that disaster loans in Alaska continue to be managed by 

SBA and not be sold for processing. 

Because of the unique legal status of Alaska Natives, Native 

Hawaiians, and residents living in the territories, the offices handling SBA programs on reservations often lack the knowledge and 

ability to make SBA programs work outside the continental United 

States. To address this failure, the conferees direct the SBA to asVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00644 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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sign a Senior Executive Service (SES) position to focus on these 

unique communities. The conferees expect this new SES position 

shall be accommodated within SBA’s existing number of SES positions. Within 60 days of enactment of this Act, the conferees direct 

SBA to submit to the Committees on Appropriations a report outlining all SES positions within the SBA, including their titles and 

responsibilities, and a proposed reorganization of these positions to 

ensure the needs of Alaska Natives, Native Hawaiians, and residents living in the territories are being addressed.

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $13,000,000 for the Office 

of Inspector General of the Small Business Administration as proposed by the House instead of $12,341,000 as provided by the Senate. The conference agreement includes language allowing $500,000 

to be transferred to this account from the Disaster Loans Program 

for oversight costs related to that program. 

BUSINESS LOANS PROGRAM ACCOUNT

The conference agreement includes $209,042,000 under this account, consisting of: $79,132,000 for the Business Loans Program 

account for subsidies for guaranteed business loans; $1,910,000 for 

subsidies for direct business loans; and $128,000,000 for administrative expenses related to business loan programs. The amount 

provided for administrative expenses may be transferred to and 

merged with the appropriation for SBA salaries and expenses to 

cover the common overhead expenses associated with business 

loans. In addition, the conference agreement includes a provision, 

also carried in previous years, which allows up to $45,000,000 to 

remain available for two fiscal years. 

7(a) Business Loan Program.—The conference agreement includes $101,228,000 for the 7(a) program. This amount includes 

$79,132,000 in appropriations, $19,773,000 in prior year unobligated balances, and $2,455,000 in remaining balances from the 

DELTA 7(a) program. Section 633 of this Act makes the remaining 

balances available for the DELTA 7(a) program available for the 

general 7(a) program. The conferees understand that there is no 

longer a demand for the DELTA 7(a) programs. 

The total level of funding provided will support a loan program 

level of $9,550,000,000, which is $250,000,000 above the requested 

program level and $612,000,000 above the level of 7(a) business 

loans provided in fiscal year 2003. 

The conferees were disappointed to learn that the subsidy included in the Administration’s budget request is inaccurate and 

that an additional $4,000,000 above the request is required to fund 

the Administration’s requested program level. While the conferees 

have provided this increase to ensure sufficient funding is available 

to assist American small businesses, the conferees expect future 

budget requests to contain accurate subsidy rate calculations. 

DISASTER LOANS PROGRAM ACCOUNT

The conference agreement includes $170,551,000 for the Disaster Loans Program Account for loan subsidies and associated adVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00645 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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ministrative expenses instead of $190,250,000 as provided by the 

House and Senate. The conference agreement includes new budget 

authority of $56,188,000 for the subsidy costs of disaster loans and 

$114,363,000 for administrative expenses associated with carrying 

out the program. The conference agreement provides for a total of $89,109,000 for disaster loans of which $56,188,000 is in new appropriations 

and $32,921,000 in prior year carryover balances, including 

$15,032,000 made available through Section 628 of this Act. This 

fully funds the Administration’s requested disaster loans program 

level of $760,316,000. The conferees understand that at this time 

the Administration believes that the costs associated with Hurricane Isabel and the fires in California can be funded within the requested disaster loan program level. Within the $114,363,000 provided for administrative expenses, $500,000 is available for the Office of Inspector General, 

$105,363,000 is available for direct administrative expenses of loan 

making and servicing, and $8,500,000 is available to be transferred 

to the Salaries and Expenses account for indirect costs of the program. 

STATE JUSTICE INSTITUTE

SALARIES AND EXPENSES

The conference agreement provides $2,250,000 for the State Justice Institute (SJI), instead of $3,000,000 as proposed by the 

House and $5,000,000 as proposed by the Senate. The conferees encourage SJI to work with the Office of Justice Programs on issues 

involving State courts and encourages SJI to apply for funding 

under OJP grant programs that support State court programs.

UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW

COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $2,000,000 for the Commission, as proposed by the Senate. The House did not include funding 

for this Commission under this heading. 

The conferees direct the Commission to consult with the Secretary of Commerce, as appropriate, to research and report back to 

the Committees on Appropriations regarding the following: 

China’s industrial policies, including ‘‘pillar’’ sectors, technology acquisitions through joint ventures, various forms of 

subsidization, and the short and long-term implications of the 

modernization of those industries for the U.S. economy, industry, and employees; 

Exports from China’s state enterprises, the types and 

amounts of subsidies provided, and the longer-term effects of 

such exports/subsidies on specific U.S. industries; 

Various means to compensate losses of U.S. intellectual 

property holders created by China’s inability to meet its WTO 

intellectual property commitments; 

Shifts of research and development from the United States 

to China, the nature of the 134 major foreign research and deVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00646 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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velopment corporate complexes now identified by the People’s 

Republic of China, the prospects for future European Union, 

Japanese, and United States research and development shifts 

to China, and the resulting implications to U.S capacities; 

Items on the U.S.-China Advanced Technology Trade list 

cross-referenced to the items on the Department of Defense’s 

Critical Technology List, and what part of total U.S. purchases 

of these items are imported from China; 

An analysis of the extent of professional service 

outsourcing that now exists and is projected from the United 

States, and the ultimate location of that outsourcing, and 

quantifications of the longer-term consequences to affected U.S. 

professions, such as software engineering; 

A survey of business groups on the extent to which U.S. 

manufacturers and their supply chains are relocating to China. 

The conferees expect this report to be provided to the Committees on Appropriations no later than May 1, 2004. 

TITLE VI—GENERAL PROVISIONS 

The conference agreement includes the following General Provisions: 

Sec 601.—The conference agreement includes section 601 regarding the use of appropriations for publicity and propaganda purposes. 

Sec. 602.—The conference agreement includes section 602 regarding the availability of appropriations for obligation beyond the 

current fiscal year. 

Sec. 603.—The conference agreement includes section 603 regarding the use of funds for consulting purposes. 

Sec. 604.—The conference agreement includes section 604 providing that should any provision of the Act be held to be invalid, 

the remainder of the Act would not be affected. 

Sec. 605.—The conference agreement includes section 605 regarding the policy by which funding available to the agencies funded under this Act may be reprogrammed for other purposes. 

Sec. 606.—The conference agreement includes section 606 regarding the construction, repair, or modernization of National Oceanic and Atmospheric Administration vessels in overseas shipyards. 

Sec. 607.—The conference agreement includes section 607 regarding the purchase of American made products. 

Sec. 608.—The conference agreement includes section 608 prohibiting funds in the bill from being used to implement, administer, 

or enforce any guidelines of the Equal Employment Opportunity 

Commission (EEOC) similar to proposed guidelines covering harassment based on religion published by the EEOC in October 1993. 

Sec. 609.—The conference agreement includes section 609 prohibiting the use of funds to implement a certain Memorandum of 

Agreement between the Federal Trade Commission and the Antitrust Division of the Department of Justice. 

Sec. 610.—The conference agreement includes section 610 prohibiting the use of funds for any United Nations peacekeeping mission that involves U.S. Armed Forces under the command or operVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00647 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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ational control of a foreign national unless the President certifies 

that the involvement is in the national security interest. 

Sec. 611.—The conference agreement includes section 611 that 

requires agencies to provide quarterly reports to the Committees on 

Appropriations regarding unobligated balances. 

Sec. 612.—The conference agreement includes section 612 that 

prohibits use of funds to expand the U.S. diplomatic presence in 

Vietnam beyond the level in effect July 11, 1995, unless the President makes a certification that several conditions have been met 

regarding Vietnam’s cooperation with the United States on POW/

MIA issues. 

Sec. 613.—The conference agreement includes section 613 requiring agencies and departments funded in this Act to absorb any 

necessary costs related to downsizing or consolidation within the 

amounts provided to the agency or department. 

Sec. 614.—The conference agreement includes section 614 concerning funding under the Local Law Enforcement Block Grant 

program. 

Sec. 615.—The conference agreement includes section 615 regarding the sale or export of tobacco or tobacco products. 

Sec. 616.—The conference agreement includes section 616 extending the prohibition on the use of funds to issue a visa to any 

alien involved in extrajudicial and political killings in Haiti, including exemption and reporting requirements. 

Sec. 617.—The conference agreement includes section 617 that 

prohibits a user fee from being charged for background checks conducted pursuant to the Brady Handgun Control Act of 1993, and 

prohibits implementation of a background check system which does 

not require or result in destruction of certain information.

Sec. 618.—The conference agreement includes section 618 regarding amounts available under the Crime Victims Fund. 

Sec. 619.—The conference agreement includes section 619 prohibiting the use of Department of Justice funds for programs that 

discriminate against, denigrate, or otherwise undermine the religious beliefs of students participating in such programs. 

Sec. 620.—The conference agreement includes section 620 prohibiting the use of funds appropriated or otherwise made available 

to the Departments of State and Justice to process visas for citizens of countries that the Attorney General has determined deny 

or delay accepting the return of deported citizens. 

Sec. 621.—The conference agreement includes section 621 providing additional amounts for the Small Business Administration. 

Sec. 622.—The conference agreement includes section 622 prohibiting the use of Department of Justice funds to transport a maximum or high security prisoner to any facility other than a facility 

certified by the Bureau of Prisons as appropriately secure to house 

such a prisoner. 

Sec. 623.—The conference agreement includes section 623 that 

prohibits the use of appropriated funds to purchase certain audiovisual materials to be used by Federal prisoners for primarily recreational purposes. 

Sec. 624.—The conference agreement includes section 624 regarding a position within the Small Business Administration. 

645

Sec. 625.—The conference agreement includes section 625 regarding transfers of funds. 

Sec. 626.—The conference agreement includes section 626 regarding the negotiation or reevaluation of international agreements. 

Sec. 627.—The conference agreement includes section 627 regarding the implementation of telecommuting programs. 

Sec. 628.—The conference agreement includes section 628 regarding the Small Business Administration Disaster Loans Program. 

Sec. 629.—The conference agreement includes section 629 regarding the national ownership cap on television broadcast licenses. 

Sec. 630.—The conference agreement includes section 630 regarding firearms tracing studies. 

Sec. 631.—The conference agreement includes section 631 regarding a Small Business Administration loan program fee. 

Sec. 632.—The conference agreement includes section 632 regarding Small Business Administration balances. 

Sec. 633.—The conference agreement includes section 633 regarding a Middle East International Center. 

Sec. 634.—The conference agreement includes section 634 regarding patents. 

The conferees have included a provision prohibiting funds to 

process patents of human organisms. The conferees concur with the 

intent of this provision as expressed in the colloquy between the 

provision’s sponsor in the House and the ranking minority member 

of the House Committee on Appropriations as occurred on July 22, 

2003, with respect to any existing patents on stem cells. 

Sec. 635.—The conference agreement includes section 635 regarding the United Nations Human Rights Commission. 

Sec. 636.—The conference agreement includes section 636 regarding international child abduction. 

Sec. 637.—The conference agreement includes section 637 regarding the HELP Commission. 

Sec. 638.—The conference agreement includes section 638 regarding amounts provided in this Act.

TITLE VII—RESCISSIONS 

(INCLUDING RESCISSIONS)

DEPARTMENT OF JUSTICE 

GENERAL ADMINISTRATION

WORKING CAPITAL FUND

(RESCISSION)

The conference agreement includes a rescission of $67,326,000 

from unobligated balances in this account, instead of $499,000 as 

proposed by the Senate. The House did not propose a rescission. 

646

COUNTERTERRORISM FUND

(RESCISSION)

The conference agreement includes a rescission of $40,000,000 

from prior year unobligated balances in this account instead of 

$50,000,000 as proposed by the Senate. The House did not propose 

a rescission. The conferees note that unobligated balances of 

$20,784,000 remain available for obligation in this account. 

LEGAL ACTIVITIES

ASSET FORFEITURE FUND

(RESCISSION)

The conference agreement includes a rescission of $61,608,000 

from available balances in the Asset Forfeiture Fund Super Surplus. 

FEDERAL PRISON SYSTEM

BUILDINGS AND FACILITIES

(RESCISSION)

The conference agreement includes a rescission of $51,895,000 

from prior year unobligated balances in this account originally 

made available for the FCI California prison construction project. 

OFFICE OF JUSTICE PROGRAMS

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

(RESCISSION)

The conference agreement includes a rescission of $21,600,000 

from unobligated balances under this heading including $2,500,000 

from Drug Courts, $13,600,000 from State Prison Grants, 

$4,000,000 from State Prison Drug Treatment, and $1,500,000 from 

CCTV. 

COMMUNITY ORIENTED POLICING SERVICES

(RESCISSION)

The conference agreement includes a rescission of $6,378,000 

from the unobligated balances under this heading, as requested 

and as included in the House bill. 

JUVENILE JUSTICE PROGRAMS

(RESCISSION)

The conference agreement includes a rescission of $15,900,000 

from the unobligated balances under this heading for Part B formula grants. 

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DEPARTMENT OF COMMERCE AND RELATED AGENCIES 

DEPARTMENT OF COMMERCE 

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

(RESCISSION)

The conference agreement includes a rescission of $40,000,000 

from unobligated travel and tourism funds provided in Public Law 

108–7. 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

COASTAL AND OCEAN ACTIVITIES

(RESCISSION)

The conference agreement includes a rescission of $2,500,000 

in unobligated land acquisition funds provided in Public Law 106–

553 and designated for Winyah Bay. 

TITLE VIII—ALASKAN FISHERIES 

The conference agreement includes language regarding the 

management of Alaskan fisheries. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2004 recommended by the Committee of Conference, with comparisons to the fiscal year 2003 amount, the 2004 budget estimates, 

and the House and Senate bills for 2004 follows:

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2003 ........................ $40,530,029

Budget estimates of new (obligational) authority, fiscal year 2004 41,211,965 

House bill, fiscal year 2004 ................................................................... 41,230,679

Senate bill, fiscal year 2004 .................................................................. 40,372,908

Conference agreement, fiscal year 2004 .............................................. 41,041,509

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2003 ................ +511,480

Budget estimates of new (obligational) authority, fiscal year 

2004 .............................................................................................. ¥170.456

House bill, fiscal year 2004 ............................................................ ¥189,170

Senate bill, fiscal year 2004 ........................................................... +668,601

DIVISION C 

DISTRICT OF COLUMBIA APPROPRIATIONS

In implementing this agreement, the Departments and agencies should comply with the language and instructions set forth in 

House Report 108–214 and Senate Report 108–142. The committee 

of conference approves the language and instructions set forth in 

these reports, which are not changed by the conference agreement. 

In the case where the language and instructions specifically 

address the allocation of funds, the Departments and agencies are 

to follow the funding levels specified in the Congressional budget 

648

justifications accompanying the fiscal year 2004 budget or the underlying authorizing statute and should give full consideration to 

all items, including items allocating specific funding included in the 

House and Senate reports. With respect to the provisions in the 

House and Senate reports that specifically allocate funds, each has 

been reviewed and those that are jointly concurred in have been included in this joint statement. 

A summary chart appears later in this statement showing the 

Federal appropriations by account and the allocation of District 

funds by agency or office under each appropriation, the fiscal year 

2004 request, the House and Senate recommendations, and the 

conference allowance. 

The District of Columbia Appropriations Act, 2004, put in place 

by this bill, incorporates the following agreements of the managers: 

TITLE I—FEDERAL FUNDS 

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

The conference agreement includes $17,000,000 for a Federal 

payment for resident tuition support as proposed by both the 

House and Senate. The agreement also includes language to require the Office of the Chief Financial Officer to provide a quarterly financial report to the Committees on Appropriations of the 

House of Representatives and Senate as proposed by the House. 

The Senate bill required the Resident Tuition Support Office and 

the Office of the Chief Financial Officer to provide such a report. 

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS

IN THE DISTRICT OF COLUMBIA

The conference agreement includes $11,000,000 for a Federal 

payment for emergency planning and security costs in the District 

of Columbia. This amount, together with funds carried over from 

fiscal year 2003, provides a total program level of $15,000,000 as 

proposed by both the House and Senate. The agreement makes a 

technical correction describing the use of these funds as proposed 

by the House. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

The conference agreement includes $167,765,000 for a Federal payment to the District of Columbia courts, instead of $163,819,000 

as proposed by the House and $172,104,000 as proposed by the 

Senate. Included in this amount is $3,946,000 above the President’s 

request for fire and security system upgrades, Moultrie Courthouse 

renovation, and the Integrated Justice Information System. The 

Courts shall provide written notification of how this funding will be 

distributed to the Committees on Appropriations of the House of 

Representatives and Senate. 

The agreement includes a provision as proposed by the Senate 

to allow the District of Columbia courts to reallocate not more than 

$1,000,000 of the funds provided under this heading among items 

and entities funded under this heading. The House bill allowed 

funds for the Court of Appeals, Superior Court, and Court System 

to be reallocated, but such reallocation may increase or decrease 

funding for such entity by no more than two percent. 

649

The conferees understand the Courts have submitted plans to 

the National Capital Planning Commission for the restoration of 

the Old Courthouse for re-use by the District of Columbia Court of 

Appeals, but the Commission is holding up review of these plans 

pending an agreement with the Law Enforcement Museum on a design for the outdoor plaza area. The conferees expect the project 

will move forward as quickly as possible to permit efficient use of 

taxpayer dollars, and note that delaying the review and approval 

of the restoration plan could needlessly increase the cost of the 

project. 

DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

The conference agreement includes $32,000,000 for Defender 

Services in District of Columbia courts as proposed by both the 

House and Senate. 

The agreement includes language as proposed by the Senate to 

allow funds to be used for payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Code. The House 

bill contained no similar provision. 

The agreement includes modified Senate language to allow the 

courts to enter into contractual agreements to provide guardian ad 

litem representation, training, technical assistance, and/or other 

services to improve the quality of guardian ad litem representation. 

The House bill contained no similar provision. The Joint Committee on Judicial Administration of the District of Columbia shall 

monitor the guardian ad litem program and provide the necessary 

technical support to ensure superior representation of children and 

families. 

The agreement also includes two provisions as proposed by the 

House to allow District of Columbia Court funds to be used for payments under this heading and to allow the Joint Committee on Judicial Administration to use District of Columbia Court funds to 

make payments described under this heading for obligations incurred during any fiscal year. The Senate bill contained no similar 

provisions. 

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER

SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

The conference agreement includes $168,435,000 for a Federal 

payment to the Court Services and Offender Supervision Agency 

for the District of Columbia, instead of $163,081,000 as proposed 

by the House and $173,396,000 as proposed by the Senate. Included in this amount is $1,910,000 above the President’s request 

to reduce supervision caseload ratios for sex-offenders, mental 

health, and domestic violence cases to 25:1 by the end of fiscal year 

2004. Current caseload ratios for these high-risk offenders are 36:1, 

47:1, and 42:1, respectively. 

The agreement includes language as proposed by the Senate to 

allow the Public Defender Service for the District of Columbia to 

transfer and hire motor vehicles. The House bill contained no similar provision. The agreement does not include Public Defender 

Service descriptive language as proposed by the Senate. The House 

bill contained no similar provision. 

650

The agreement does not include a provision proposed by the 

Senate to allow the Director of the Court Services and Offender Supervision Agency the authority to accept appropriation reimbursements from the District government for space and services provided 

on a cost reimbursable basis. The House bill contained no similar 

provision. 

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND

SEWER AUTHORITY

The conference agreement includes $30,000,000 for a Federal 

payment to the District of Columbia Water and Sewer Authority 

for the continued implementation of the Combined Sewer Overflow 

Long-Term Plan, instead of $35,000,000 as proposed by the House 

and $25,000,000 as proposed by the Senate. 

FEDERAL PAYMENT FOR HOSPITAL BIOTERRORISM PREPAREDNESS IN

THE DISTRICT OF COLUMBIA

The conference agreement includes $7,500,000 for a Federal 

payment to the District of Columbia Department of Health for hospital bioterrorism preparedness in the District of Columbia, instead 

of $10,000,000 as proposed by the Senate. The House bill contained 

no similar provision. Of this amount, $3,750,000 is for the expansion of quarantine facilities and the establishment of a decontamination facility at Children’s National Medical Center and 

$3,750,000 is for construction of containment facilities at the Washington Hospital Center. 

FEDERAL PAYMENT FOR THE ANACOSTIA WATERFRONT INITIATIVE

The conference agreement includes $5,000,000 for a Federal 

payment to the District of Columbia Department of Transportation 

for design and construction of a continuous pedestrian and bicycle 

trail system from the Potomac River to the District’s border with 

Maryland, instead of $4,300,000 as proposed by the House and 

$6,000,000 as proposed by the Senate. The agreement also makes 

these funds available until September 30, 2005, as proposed by the 

House. The Senate bill made these funds available until expended. 

The conferees concur with language contained in the Senate report 

requiring the Comptroller General to conduct a study of National 

Park Service land in the District of Columbia. 

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING

COUNCIL

The conference agreement includes $1,300,000 for a Federal 

payment to the Criminal Justice Coordinating Council as proposed 

by the House. The Senate bill contained no similar provision. 

FEDERAL PAYMENT FOR CAPITAL DEVELOPMENT IN THE DISTRICT OF

COLUMBIA

The conference agreement includes $8,150,000 for a Federal 

payment to the District of Columbia for capital development, instead of $8,000,000 as proposed by the House and $5,000,000 as 

proposed by the Senate. Included in this amount is $150,000 for 

renovations at Eastern Market. Also included in this amount is 

651

$8,000,000 for the Unified Communications Center as proposed by 

the House, instead of $5,000,000 as proposed by the Senate. 

FEDERAL PAYMENT FOR PUBLIC SCHOOL FACILITIES

The conference agreement includes $4,500,000 for a Federal 

payment to the District of Columbia Public Schools for public 

school facilities. The Senate bill contained no similar provision. Of 

this amount, $500,000 is for a window repair and reglazing program and $4,000,000 is for a playground repair and replacement 

program. 

FEDERAL PAYMENT FOR A FAMILY LITERACY PROGRAM

The conference agreement includes $2,000,000 for a Federal 

payment to the District of Columbia for a family literacy program 

as proposed by the House. The Senate bill contained no similar provision. The agreement also includes a provision as proposed by the 

House to require the District to provide a 100 percent match with 

local funds as a condition of receiving this payment. The Senate bill 

contained no similar provision. 

FEDERAL PAYMENT FOR TRANSPORTATION ASSISTANCE

The conference agreement includes $3,500,000 for a Federal 

payment to the District of Columbia Department of Transportation 

for transportation assistance as proposed by the Senate. The House 

bill contained no similar provision. Of this amount, $500,000 is for 

a downtown circulator transit system and $3,000,000 is for the District’s operating subsidy payment to the Washington Metropolitan 

Area Transit Authority. 

FEDERAL PAYMENT FOR FOSTER CARE IMPROVEMENTS IN THE

DISTRICT OF COLUMBIA

The conference agreement includes $14,000,000 for a Federal 

payment for foster care improvements in the District of Columbia 

as proposed by the Senate. The House bill contained no similar provision. Of this amount, $9,000,000 is for the District of Columbia 

Child and Family Services Agency, $3,900,000 is for the District of 

Columbia Department of Mental Health, and $1,100,000 is for the 

Washington Metropolitan Council of Governments. 

FEDERAL PAYMENT TO THE OFFICE OF THE CHIEF FINANCIAL OFFICER

OF THE DISTRICT OF COLUMBIA

The conference agreement includes $32,350,000 for a Federal 

payment to the Office of the Chief Financial Officer of the District 

of Columbia, instead of $10,000,000 as proposed by the House and 

$33,000,000 as proposed by the Senate. These funds are for programs and activities to support economic development and infrastructure in the District, and the health, education, and job training needs of District residents and are to be allocated as follows: 

$50,000 to the Educational Advancement Alliance for the Youth 

Civic Engagement and DC Exposure program; $75,000 to the Polaris Project for an outreach program to assist victims of trafficking; 

$100,000 for Anacostia Town Hall and Entertainment Center and 

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struction of a dance studio to serve low-income children; $100,000 

to Asian American Leadership, Empowerment and Development for 

Youth and Families for educational and social programs; $100,000 

to the Association for the Preservation of Historic Congressional 

Cemetery for the development of a comprehensive landscape plan, 

the removal of dead or dying trees, and the continued repair of the 

Public Vault; $100,000 to the Levine School of Music for the establishment of a DC Charter Schools Music Education program; 

$100,000 to the Latin American Youth Center for renovation of a 

residential home for teen girls; $100,000 to the National Child Research Center for the establishment of early childhood education 

programs; $100,000 to the Youth Leadership Foundation for character building programs for middle school students; $125,000 to the 

Shakespeare Theater for educational outreach programs in the District of Columbia public schools; $150,000 to the International 

Youth Service and Development Corps for the Washington, D.C. 

Mentoring Friends program and the People’s House Hotline; 

$150,000 to KidBiz3000 for a reading comprehension, fluency and 

vocabulary program in District of Columbia schools; $150,000 to 

Kids Voting USA for the establishment of citizenship programs in 

the District of Columbia; $150,000 to the Les Aspin Center of Government for training and development of the Community Service 

and Outreach program; $150,000 to Safe Shores—The D.C. Children’s Advocacy Center for outreach and services to child abuse victims in the District; $150,000 to Southeastern University for expansion of the E-Learning program; $200,000 to the Best Friends 

Foundation for a youth development program for District youth; 

$200,000 to the Court Appointed Special Advocates (CASA) of the 

District of Columbia for expansion of services to children in the 

Family Court; $200,000 to the Congressional Glaucoma Caucus to 

purchase and equip additional mobile vans to screen for and treat 

glaucoma; $200,000 to Everybody Wins! DC, Inc. for the Power 

Lunch mentoring and literacy program; $200,000 to Friends of Fort 

Dupont Ice Arena for capital improvements; $200,000 to the National Music Center and Museum Foundation Institute for Education and the Arts for a program to use the performing and visual 

arts as teaching and learning tools in District public schools; 

$200,000 to the District of Columbia Public Libraries to expand access to public computers and the Internet in neighborhoods where 

it is needed the most; $200,000 to the Three Doctors Foundation, 

Inc. for an educational and motivational lecture series to include 

District of Columbia high schools; $200,000 to Values First, Inc. for 

the continuation of a values infusion program in the District of Columbia public schools; $200,000 to Washington Center on Best 

Practices for assistance to and promotion of early college awareness 

programs; $250,000 to American Cities Foundation to convene policymakers and civic leaders in the District of Columbia to address 

urban challenges; $250,000 to the ARISE Foundation for a lifemanagement skills program targeting high-risk youth in the District; $250,000 to the Capitol Hill Arts Workshop for capital improvements; $250,000 to the Caribbean American Mission for Education Research and Action to build linkages between Caribbean 

educational entities and District of Columbia and other regional 

higher education institutions; $250,000 to New Leaders for New 

653

Schools for the development of fellows partnerships with District 

public schools and public charter schools; $250,000 to the PhelpsStokes Fund for the implementation of the Teacher’s Laboratory 

and Workshop for District of Columbia Public School teachers; 

$300,000 to the DC Safe Kids Campaign to establish additional 

child safety seat fitting stations throughout low-income neighborhoods in the District of Columbia; $350,000 to Friends in Choice in 

Urban Schools for the development of new charter schools in the 

District; $350,000 to Soaring Towards Educational Enrichment via 

Equine Discovery, Inc. for an education and recreation program in 

the District; $400,000 to Catalyst for the establishment of the Benjamin Banneker Institute for Science and Technology; $400,000 to 

Community Youth Connection to provide clothing, shoes, eyeglasses, and services to low-income school-age children; $400,000 to 

the Eisenhower Foundation’s Youth Safe Haven and Delancey 

Street Replication for services to reduce crime, drug use, and improve the lives of children in this neighborhood; $400,000 to Recording for the Blind and Dyslexic Services for teacher training in 

District of Columbia schools; $400,000 to initiate a Targeted Abstinence Program in the District of Columbia that will provide technical training and resource materials to promote effective intervention strategies; $400,000 to the Metropolitan Washington Council 

of Governments’ District of Columbia Area Housing Trust Fund to 

increase funds available in a pool of resources to provide low-income housing in the District of Columbia; $450,000 to The House 

DC, Inc. for renovations; $500,000 to the Discovery Creek Children’s Museum for the purchase of supplies for mobile school exhibits and to increase access to the museum’s programs on the Chesapeake Bay and the Anacostia River; $500,000 for implementation 

of the Environmental Active Cap demonstration project on the Anacostia River; $500,000 to Gospel Rescue Ministries of Washington, 

DC for a residential program to help men and women recover from 

substance abuse, homelessness, and chronic unemployment; 

$500,000 to the National Capital Children’s Museum for planning 

and design; $500,000 to the National Rehabilitation Hospital for 

capital improvements; $500,000 to Trident Systems Incorporated 

for deployment of the District Public Safety Situation Awareness 

system; $500,000 to the Second Chance Employment Service for 

capital equipment to expand services for women who have been victims of domestic violence; $500,000 to the Washington Opera for 

the Education and Community program to enhance classroom 

learning in District of Columbia Public Schools through music education and with the D.C. Arts Humanities Education Collaborative; 

$600,000 to Green Door for completion of a new facility to provide 

coordinated services for individuals with mental illness; $750,000 

to the Center for Mental Health, Inc. to increase the number of 

families in the District served through its model of family-centered 

treatment; $750,000 to the Historical Society of Washington for the 

City Museum to develop educational programming and materials 

for District school children; $750,000 to the Institute for Educational Equity and Opportunity for educational programs; 

$750,000 to the National Center for Manufacturing Sciences for a 

partnership with the Excel Institute to develop a job training program for District residents; $750,000 to the Whitman-Walker Clinic 

654

for renovation of the Max Robinson Center; $850,000 to the Women’s Center for the expansion of the Family Strengthening Program 

and Hispanic Outreach Service into the District of Columbia; 

$1,000,000 to Access Housing for renovation of the Southeast Veterans Service Center; $1,000,000 to Barracks Row Main Street, Inc. 

for the construction of two gateways; $1,000,000 to Shakespeare 

Theater for construction of a new downtown facility which will provide affordable access to the Arts; $1,050,000 to Voyager Expanded 

Learning for implementation of the Universal Literacy Program in 

District of Columbia schools; $1,200,000 to the National Trust for 

Historic Preservation for the restoration of the Lincoln Cottage and 

for the creation of interpretive programs and exhibits at the site; 

$1,500,000 to the Old Naval Hospital Foundation project for creation of a community center on Capitol Hill; $2,000,000 to St. 

Coletta of Greater Washington, Inc. for property acquisition and 

construction of a facility to provide services for mentally retarded 

and multiple-handicapped adolescents and adults in the District of 

Columbia; and $5,000,000 to Children’s National Medical Center in 

the District of Columbia for expansion of a neo-natal care unit, pediatric intensive care unit, and cardiac intensive care unit. 

The agreement includes $200,000 to the Office of the Chief Financial Officer (OCFO) for auditors, attorneys, accountants, and 

additional staff to review and audit all entities who are receiving 

funding under this heading. The conferees expect that the OCFO 

will report to the Committees on Appropriations of the House of 

Representatives and Senate on the financial status of these organizations and how they have used Federal funds provided under this 

heading. The conferees expect all entities receiving funds to provide 

proper access to records as is necessary for the OCFO to carry out 

these reviews. 

The agreement includes a provision as proposed by the Senate 

to require each entity that receives funding under this heading to 

submit to the Committees on Appropriations of the House of Representatives and Senate, a report on the activities carried out with 

such funds no later than March 15, 2004. The House bill contained 

no similar provision. 

FEDERAL PAYMENT FOR EMERGENCY PERSONNEL CROSS TRAINING

The conference agreement includes $500,000 for a Federal payment to the Emergency Management Agency for activities related 

to the cross training of police officers, firefighters, emergency medical technicians, and other emergency personnel. The agreement 

makes these funds contingent upon the submission of a detailed 

cross training plan for the District’s public safety workforce. The 

House and Senate bills contained no similar provision. 

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

The conference agreement includes $40,000,000 for a Federal 

payment for a school improvement program in the District of Columbia, instead of $10,000,000 as proposed by the House and 

$27,000,000 as proposed by the Senate. Included in this amount is 

$13,000,000 for the District of Columbia Public Schools to improve 

public school education; $13,000,000 for the State Education Office 

to expand quality charter schools in the District of Columbia; and 

655

$14,000,000 for the Secretary of the Department of Education to 

provide opportunity scholarships for students in the District of Columbia. 

The conferees expect that the $13,000,000 provided to the District of Columbia Public Schools for the improvement of public 

school education in the District of Columbia shall be used to 

strengthen leadership and instructional excellence through principal and teacher recruitment and retention, and to increase student achievement through supplemental services and public school 

choice. 

The $13,000,000 provided to the State Education Office to expand charter schools in the District of Columbia shall be distributed as follows: $5,000,000 for the City Build Charter School Initiative; $6,000,000 for the Direct Loans Fund for Charter School Improvement, of which not more than five percent shall be for administrative expenses; and $2,000,000 as a one-time payment to the 

Charter School Facilities Fund. 

The funding to develop the City Build Charter School Initiative 

will create five new charter schools in the District. The conferees 

support the concept that improving education is integral to securing neighborhoods and promoting urban development. The Mayor 

shall submit a plan to the Committees on Appropriations of the 

House of Representatives and Senate within thirty days of enactment, identifying the five potential City Build charter schools and 

detailing the city’s plan for implementation of the Initiative. 

In identifying the schools, the Mayor shall take into account 

how a new school would contribute to and encourage economic development in a specific neighborhood by: attracting business investment; stabilizing and increasing the population; and encouraging 

community collaboration. The conferees recommend that the Mayor 

hold a public meeting to consult with advocacy groups and community leaders on the location of the five City Build pilot schools. The 

Mayor shall notify Congress at regular intervals on the progress of 

the Initiative. 

The $14,000,000 provided to the Secretary of the Department 

of Education is to provide opportunity scholarships to low-income 

students in the District of Columbia who are attending consistently 

under-performing public schools to choose to attend private schools 

within the District of Columbia. These scholarships will be for tuition, transportation, and fees at participating private schools within the District and cannot exceed $7,500 per student. If the funds 

provided are not sufficient to serve all the eligible applicants, scholarships will be awarded through random selection. The agreement 

intends that up to $1,000,000 of these funds may be used to administer and fund assessments for title III of this Act. The conferees 

expect the Secretary of Education to enter into a Memorandum of 

Understanding with the Mayor of the District of Columbia to select 

one or more grantees to administer the scholarship program 

through a competitive process. 

The conferees expect that the Memorandum of Understanding 

between the Mayor and the Secretary will include, but not be limited to, the following components: (1) strong accountability measures and program performance evaluations; (2) specifications for a 

lottery system which will provide fair and unbiased acceptance of 

656

students into the scholarship program, and allow participating 

schools to consider a sibling preference; (3) joint oversight by the 

Mayor of the District of Columbia and the Secretary of Education 

of the program’s operations; (4) the evaluation and methodology for 

the selection of participating schools which have met the District 

of Columbia’s current licensure requirements; (5) the methodology 

for determining the tuition and fees of participating schools, including the actual cost; (6) the development of appropriate oversight 

and accountability measures; and (7) teacher quality criteria. 

TITLE II—DISTRICT OF COLUMBIA FUNDS OPERATING 

EXPENSES 

DIVISION OF EXPENSES

The conference agreement provides that operating expenses for 

the District of Columbia for fiscal year 2004 shall not exceed 

$6,326,138,000, of which $3,832,734,000 is from local funds, including $96,248,000 from funds identified in the fiscal year 2002 comprehensive annual financial report as the District’s fund balance 

funds, $1,568,734,000 is from Federal grant funds, $910,904,000 is 

from other funds, and $13,766,000 is from private funds as proposed by both the House and Senate. In addition, the agreement 

includes $119,650,000 from funds previously appropriated in this 

Act as Federal payments, instead of $59,800,000 as proposed by the 

House and $109,500,000 as proposed by the Senate. 

The agreement exempts sections 417 and 436 from the total 

appropriation provided under this heading. The House bill provided 

an exemption for section 417 and the Senate bill provided for the 

exemption of all provisions of this Act. 

The agreement does not include an earmark for intra-District 

funds as proposed by the Senate. The House bill contained no similar provision. 

GOVERNMENTAL DIRECTION AND SUPPORT

The conference agreement includes $284,415,000 for governmental direction and support, including $206,825,000 from local 

funds, $57,440,000 from Federal grant funds, and $20,150,000 from 

other funds as proposed by both the House and Senate. In addition, 

the agreement includes $46,450,000 from funds previously appropriated in this Act as Federal payments, instead of $10,000,000 as 

proposed by the House and $21,100,000 as proposed by the Senate. 

These Federal payment funds are allocated as follows: 

Office of the Mayor.—$1,100,000 for foster care improvements, 

$2,000,000 for a family literacy program, and $11,000,000 for emergency planning and security costs. 

Office of the Chief Financial Officer.—$32,350,000 to support 

economic development and infrastructure in the District, and the 

health, education, and job training needs of District residents. 

The conferees are disappointed with the slow pace in which the 

District and the Board of Education are providing charter schools 

access to surplus public school facilities and space in underutilized 

schools. There are 28 surplus schools in the city’s inventory that 

could be made available to charter schools. Likewise, student enrollment in public schools is down almost 15,000 freeing up space 

657

equivalent to 20 school buildings. Yet 23 charter schools do not 

have permanent homes and new charter schools are being established each year. The conferees believe the District should take this 

opportunity to provide strong leadership and foster a plan to develop and promote public schools and public charter schools, including the co-location of schools. The conferees direct the District government and the Board of Education to develop a task force to 

study what can be done to ensure the equitable and efficient use 

of public school buildings, both surplus and underutilized buildings. 

The conferees request a report no later than January 16, 2004 on 

the status of this task force. 

ECONOMIC DEVELOPMENT AND REGULATION

The conference agreement includes $276,647,000 for economic 

development and support, including $53,336,000 from local funds, 

$91,077,000 from Federal grant funds, $132,109,000 from other 

funds, and $125,000 from private funds as proposed by both the 

House and Senate. 

PUBLIC SAFETY AND JUSTICE

The conference agreement includes $745,958,000 for public 

safety and justice, including $716,715,000 from local funds, 

$10,290,000 from Federal grant funds, $18,944,000 from other 

funds, and $9,000 from private funds as proposed by both the 

House and Senate. In addition, the agreement includes $1,800,000 

from funds previously appropriated in this Act as Federal payments, instead of $1,300,000 as proposed by the House. The Senate 

bill contained no similar provision. These Federal payment funds 

are allocated as follows: 

Emergency Management Agency.—$500,000 for emergency personnel cross training. 

Criminal Justice Coordinating Council.—$1,300,000 to support 

initiatives related to the coordination of Federal and local criminal 

justice resources in the District of Columbia. 

PUBLIC EDUCATION SYSTEM

The conference agreement includes $1,157,841,000 for the public education system, including $962,941,000 from local funds, 

$156,708,000 from Federal grant funds, $27,074,000 from other 

funds, $4,302,000 from private funds, and not to exceed $6,816,000 

from the Medicaid and Special Education Reform Fund as proposed 

by both the House and Senate. In addition, the agreement includes 

$47,500,000 from funds previously appropriated in this Act as Federal payments, instead of $21,500,000 as proposed by the House 

and $43,000,000 as proposed by the Senate. These Federal payment funds are allocated as follows: 

District of Columbia Public Schools.—$4,500,000 for public 

school facilities and $13,000,000 for school improvement. 

State Education Office.—$13,000,000 for school improvement and $17,000,000 for resident tuition support. 

The conferees are disappointed with the slow pace in which the 

District and the Board of Education are providing charter schools 

access to surplus public school facilities and space in underutilized 

658

schools. There are 28 surplus schools in the city’s inventory that 

could be made available to charter schools. Likewise, student enrollment in public schools is down almost 15,000 freeing up space 

equivalent to 20 school buildings. Yet 23 charter schools do not 

have permanent homes and new charter schools are being established each year. The conferees believe the District should take this 

opportunity to provide strong leadership and foster a plan to develop and promote public schools and public charter schools, including the co-location of schools. The conferees direct the District government and the Board of Education to develop a task force to 

study what can be done to ensure the equitable and efficient use 

of public school buildings, both surplus and underutilized buildings. 

The conferees request a report no later than January 16, 2004 on 

the status of this task force. 

The Telecommunications Act of 1996 designated elementary 

and secondary schools and libraries as beneficiaries of universal 

service for telecommunications services. This specific support, in 

the form of discounts on telecommunications services, has become 

known as the education rate or E-rate. The conferees request a report no later than March 1, 2004 that shows, by fiscal year, the 

total amount of E-rate funding District of Columbia Public Schools 

received and a breakout of which schools received funding and how 

much they received. The report should also include further details 

of how each school spent its E-rate funding and a brief description 

of the impact this funding has had on integrating technology into 

its curriculum and programs. 

District of Columbia Public Schools.—The allocation includes 

$870,135,000 for District of Columbia public schools, including 

$738,444,000 from local funds, $114,749,000 from Federal grant 

funds, $6,527,000 from other funds, $3,599,000 from private funds, 

and not to exceed $6,816,000 from the Medicaid and Special Education Reform Fund as proposed by both the House and Senate. In 

addition, the agreement includes $17,500,000 from funds previously 

appropriated in this Act as Federal payments, instead of 

$4,500,000 as proposed by the House. The Senate bill contained no 

similar provision. 

State Education Office.—The allocation includes $38,752,000 

for the State education office, including $9,959,000 from local 

funds, $28,617,000 from Federal grant funds, and $176,000 from 

other funds as proposed by both the House and Senate. In addition, 

the agreement includes $30,000,000 from funds previously appropriated in this Act as Federal payments, instead of $43,000,000 as 

proposed by the Senate. The House bill contained no similar provision. 

District of Columbia Public Charter Schools.—The allocation 

includes $137,531,000 from local funds for District of Columbia 

public charter schools as proposed by both the House and Senate.

University of the District of Columbia.—The allocation includes 

$80,660,000 for the University of the District of Columbia, including $48,656,000 from local funds, $11,867,000 from Federal grant 

funds, $19,434,000 from other funds, and $703,000 from private 

funds as proposed by both the House and Senate. 

District of Columbia Public Libraries.—The allocation includes 

$28,287,000 for District of Columbia public libraries, including 

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$26,750,000 from local funds, $1,000,000 from Federal grant funds, 

and $537,000 from other funds as proposed by both the House and 

Senate. In addition, the agreement includes $200,000 from funds 

previously appropriated in this Act as Federal payments to the Office of the Chief Financial Officer to expand access to public computers and the Internet in neighborhoods where it is needed the 

most. 

Commission on the Arts and Humanities.—The allocation includes $2,476,000 for the commission on the arts and humanities, 

including $1,601,000 from local funds, $475,000 from Federal grant 

funds, and $400,000 from other funds as proposed by both the 

House and Senate. 

HUMAN SUPPORT SERVICES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $2,360,067,000 for human 

support services, including $1,030,223,000 from local funds, 

$1,247,945,000 from Federal grant funds, $24,330,000 from other 

funds, $9,330,000 from private funds, and $48,239,000 from the 

Medicaid and Special Education Reform Fund as proposed by both 

the House and Senate. In addition, the agreement includes 

$20,400,000 from funds previously appropriated in this Act as Federal payments, instead of $12,900,000 as proposed by the Senate. 

The House bill contained no similar provision. These Federal payment funds are allocated as follows: 

Department of Mental Health.—$3,900,000 for foster care improvements. 

Department of Health.—$7,500,000 for hospital bioterrorism 

preparedness. 

Child and Family Services Agency.—$9,000,000 for foster care 

improvements. 

PUBLIC WORKS

The conference agreement includes $327,046,000 for public 

works, including $308,028,000 from local funds, $5,274,000 from 

Federal grant funds, and $13,744,000 from other funds as proposed 

by both the House and Senate. In addition, the agreement includes 

$3,500,000 from funds previously appropriated in this Act as Federal payments as proposed by the Senate. The House bill contained 

no similar provision. These Federal payment funds are allocated as 

follows: 

Department of Transportation.—$3,500,000 for transportation 

assistance. 

CASH RESERVE

The conference agreement includes $50,000,000 from local 

funds for the cumulative cash reserve as proposed by both the 

House and Senate. 

EMERGENCY AND CONTINGENCY RESERVE FUNDS

The conference agreement provides such amounts from local 

funds as are necessary to meet the balance requirements for the 

660

emergency reserve fund and the contingency reserve fund as proposed by both the House and Senate. 

REPAYMENT OF LOANS AND INTEREST

The conference agreement includes $311,504,000 from local 

funds for repayment of loans and interest as proposed both the 

House and Senate. 

PAYMENT OF INTEREST ON SHORT-TERM BORROWING

The conference agreement includes $3,000,000 from local funds 

for payment on short-term borrowing as proposed by both the 

House and Senate. 

CERTIFICATES OF PARTICIPATION

The conference agreement includes $4,911,000 from local funds 

for certificates of participation as proposed by both the House and 

Senate. 

SETTLEMENTS AND JUDGMENTS

The conference agreement includes $22,522,000 from local 

funds for settlements and judgments as proposed by both the 

House and Senate. 

WILSON BUILDING

The conference agreement includes $3,704,000 from local funds 

for the Wilson building as proposed by both the House and Senate. 

WORKFORCE INVESTMENTS

The conference agreement includes $22,308,000 from local 

funds for workforce investments as proposed by both the House 

and Senate. 

NON-DEPARTMENTAL AGENCY

The conference agreement includes $19,639,000 for the non-Department agency, including $11,455,000 from local funds and 

$8,184,000 from other funds as proposed by both the House and 

Senate. 

PAY-AS-YOU-GO CAPITAL

The conference agreement includes $11,267,000 from local 

funds for pay-as-you-go capital as proposed by both the House and 

Senate. 

TAX INCREMENT FINANCING PROGRAM

The conference agreement includes $1,940,000 from local funds 

for a tax increment financing program as proposed by both the 

House and Senate. 

MEDICAID DISALLOWANCE

The conference agreement includes $57,000,000 from local 

funds for making refunds associated with disallowed Medicaid 

funding as proposed by both the House and Senate. 

661

ENTERPRISE AND OTHER FUNDS 

WATER AND SEWER AUTHORITY

The conference agreement includes $259,095,000 from other 

funds for the water and sewer authority as proposed by both the 

House and Senate. The agreement also includes $229,807,000 from 

other funds for construction projects instead of $199,807,000 as 

proposed by both the House and Senate. In addition, the agreement 

includes $30,000,000 from funds previously appropriated in this 

Act as a Federal payment for the combined sewer overflow longterm plan, instead of $35,000,000 as proposed by the House and 

$25,000,000 as proposed by the Senate. 

WASHINGTON AQUEDUCT

The conference agreement includes $55,553,000 from other 

funds for the Washington aqueduct as proposed by both the House 

and Senate. 

STORMWATER PERMIT COMPLIANCE ENTERPRISE FUND

The conference agreement includes $3,501,000 from other 

funds for the stormwater permit compliance enterprise funds as 

proposed by both the House and Senate. 

LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

The conference agreement includes $242,755,000 from other 

funds for the lottery and charitable games enterprise fund as proposed by both the House and Senate. 

SPORTS AND ENTERTAINMENT COMMISSION

The conference agreement includes $13,979,000 from local 

funds for the sports and entertainment commission as proposed by 

both the House and Senate. 

DISTRICT OF COLUMBIA RETIREMENT BOARD

The conference agreement includes $13,895,000 for the District 

of Columbia retirement board from other funds as proposed by both 

the House and Senate. 

WASHINGTON CONVENTION CENTER ENTERPRISE FUND

The conference agreement includes $69,742,000 from other 

funds for the Washington convention center enterprise fund as proposed by both the House and Senate. 

NATIONAL CAPITAL REVITALIZATION CORPORATION

The conference agreement includes $7,849,000 from other 

funds for the National capital revitalization corporation as proposed by both the House and Senate. 

662

CAPITAL OUTLAY 

(INCLUDING RESCISSIONS)

The conference agreement includes $1,004,796,000 for capital 

outlays, including $601,708,000 from local funds, $46,014,000 from 

Highway Trust funds, $38,311,000 from the Rights-of-way funds, 

$218,880,000 from Federal grant funds, and a rescission of 

$99,884,000 from local funds appropriated under this heading in 

prior years as proposed by both the House and Senate. In addition, 

the agreement includes $13,150,000 from funds previously appropriated in this Act as Federal payments, instead of $4,300,000 as 

proposed by the House and $11,000,000 as proposed by the Senate. 

These Federal payment funds are allocated as follows: $150,000 for 

renovations at Eastern Market; $5,000,000 for the Anacostia Waterfront Initiative; and $8,000,000 for the Unified Communications 

Center. 

The conferees request that a report on the activities carried out 

with these funds be submitted to the Committees on Appropriations of the House of Representatives and Senate no later than 

March 15, 2004. 

TITLE III—DC SCHOOL CHOICE INCENTIVE ACT OF 2003 

The conference agreement includes language to establish a 5–

year school choice program in the District of Columbia. 

TITLE IV—GENERAL PROVISIONS 

The conference agreement changes several section numbers for 

sequential purposes and makes technical revisions to several provisions. 

The conference agreement retains Sec. 407(a) as proposed by 

the House to prohibit the use of any funds in the Act for publicity 

or propaganda purposes or implementation of any policy including 

boycott designed to support or defeat legislation pending before 

Congress or any State legislature. The Senate bill allowed the use 

of local funds for this purpose. 

The conference agreement retains Sec. 407(b) and (c) as proposed by the House to allow the use of local funds to carry out lobbying activities on any matter except the promotion or support of 

any boycott, statehood for the District or voting representation in 

Congress. The Senate bill allowed the use of local funds for these 

purposes. 

The conference agreement retains Sec. 417 as proposed by the 

House to establish criteria for the acceptance, obligation, and expenditure of Federal, private, and other grants by the District government. The Senate bill included a similar provision, but included 

different criteria. 

The conference agreement includes Sec. 421 as proposed by the 

House to prohibit the use of any funds contained in this Act for 

needle exchange programs. The Senate bill allowed the use of local 

funds for such programs. 

The conference agreement makes Sec. 429 permanent law as 

proposed by the House. The Senate bill contained no similar provision. 

663

The conference agreement makes Sec. 431 permanent law as 

proposed by the House. The Senate bill contained no similar provision. 

The conference agreement includes Sec. 432 as proposed by the 

Senate. The House bill contained a similar provision, but required 

that all savings be used to expand special education services within 

the District. 

The conference agreement includes Sec. 434 to amend the Student Loan Marketing Association Reorganization Act of 1996 to 

clarify that annual administrative costs should be provided through 

the credit enhancement fund. The House and Senate bills contained no similar provision. The administrative fee cannot exceed 

5 percent within any year, is non-cumulative, and is to be based 

on annual calculations. Any unobligated amounts at the close of 

the fiscal year shall revert back to the credit enhancement fund 

prior to the calculation of the following year’s administrative cap. 

These funds will enable the Office of Charter School Financing and 

Support to expand its ability to conduct outreach to charter schools 

and provide technical assistance to attain appropriate facilities. 

The conference agreement includes Sec. 435 as proposed by the 

Senate to provide for the appointment and compensation of counsel 

in adoption cases. The House bill contained no similar provision. 

The conference agreement includes Sec. 436 which amends 

Senate Sec. 141 to allow the District to exceed its appropriation by 

not more than $15,000,000 from funds identified in comprehensive 

annual financial report as the fiscal year 2003 general fund surplus 

with prior approval from the Committees on Appropriations. The 

House bill contained no similar provision. 

The conference agreement does not include a provision as proposed by the House to prohibit the use of funds in the Act to support the action of District of Columbia, et al., v. Beretta U.S.A. et 

al. The Senate bill contained no similar provision. 

The conference agreement does not include a provision as proposed by the Senate related to the District acceptance and use a 

gift or donation. The House bill contained no similar provision. 

This provision is permanent law. 

The conference agreement does not include a provision as proposed by the Senate related to the procurement of goods or services. The House bill contained no similar provision. 

The conference agreement does not include a provision as proposed by the Senate related to payments within the District of Columbia Courts. The House bill contained no similar provision. This 

provision is permanent law. 

The conference agreement does not include a provision as proposed by the Senate related to the Crime Victims Compensation 

Fund. The House bill contained no similar provision. This provision 

is permanent law. 

The conference agreement does not include a provision as proposed by the Senate related to other type funds. The House bill 

contained no similar provision.

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CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2004 recommended by the Committee of Conference, with comparisons to the fiscal year 2003 amount, the 2004 budget estimates, 

and the House and Senate bills for 2004 follows:

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2003 ........................ $508,670

Budget estimates of new (obligational) authority, fiscal year 2004 420,644

House bill, fiscal year 2004 ................................................................... 466,000

Senate bill, fiscal year 2004 .................................................................. 545,000

Conference agreement, fiscal year 2004 .............................................. 545,000

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2003 ................ +36,330

Budget estimates of new (obligational) authority, fiscal year 

2004 .............................................................................................. +124,356

House bill, fiscal year 2004 ............................................................ +79,000

Senate bill, fiscal year 2004 ........................................................... +0

DIVISION D—FOREIGN OPERATIONS, EXPORT FINANCING, 

AND RELATED PROGRAMS, 2004

TITLE I—EXPORT AND INVESTMENT ASSISTANCE 

EXPORT-IMPORT BANK OF THE UNITED STATES

The managers note that in fiscal year 2004, there is no request 

by the President for a subsidy appropriation for the Export-Import 

Bank of the United States. While the conference agreement provides no funding for the subsidy appropriation, the managers expect that there will be no reduction in Export-Import Bank activity 

levels due to the extraordinarily high level of carryover balances in 

fiscal year 2004, which total approximately $575,000,000. 

The conference report includes no appropriation for the tied-aid 

‘‘war chest’’. The estimated $260,000,000 remaining ‘‘war chest’’ 

balance for tied-aid purposes may be used to support loans. The 

managers continue to expect that none of the funds appropriated 

by prior Acts for the tied-aid credits or grants may be used for any 

other purpose except through the regular notification procedures of 

the Committees on Appropriations. 

The conference agreement appropriates $72,895,000 for administrative expenses for the Export-Import Bank, instead of 

$71,395,000 as proposed by the House and $74,395,000 as proposed 

by the Senate. 

The conference agreement does not include a first-time appropriation for the Office of Inspector General. The Senate provided 

$1,000,000 for this office and the House did not address this matter. The managers note that the Export-Import Bank already has 

an audit committee and other regimes in place, including independent auditors that provide financial oversight to its operations. 

OVERSEAS PRIVATE INVESTMENT CORPORATION

The managers direct the President of OPIC to continue current 

policy and consult with the Committees on Appropriations before 

any future financing for non-governmental organizations or private 

and voluntary organizations is approved. 

667

TRADE AND DEVELOPMENT AGENCY

The managers commend the Trade and Development Agency 

(TDA) for its efforts to assist countries in improving their aviation 

safety and security systems, which has had a positive effect on enhancing United States trade for our aviation and aerospace industries. The managers recognize that setting aviation and safety 

standards worldwide is an important component for integrating a 

global system of trade. Accordingly, the managers recommend 

$1,500,000 for TDA to promote its work in this area by providing 

for the development of training materials to help prepare participating countries for International Civil Aviation Organization 

(ICAO) audits and to correct safety and security deficiencies. 

TITLE II—BILATERAL ECONOMIC ASSISTANCE 

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

CHILD SURVIVAL AND HEALTH PROGRAMS FUND

The conference agreement appropriates $1,835,000,000 for the 

Child Survival and Health Programs Fund instead of 

$2,235,830,000 as proposed by the House and $1,435,500,000 as 

proposed by the Senate. Significant funding for HIV/AIDS is in a 

new account, the ‘‘Global HIV/AIDS Initiative’’, and additional 

funding for HIV/AIDS, tuberculosis (TB), malaria, and other health 

issues is provided in Assistance for Eastern Europe and the Baltic 

States, Economic Support Fund, Assistance for the Independent 

States of the Former Soviet Union, and Foreign Military Financing 

accounts. The managers welcome the emergence of the Office of the 

Global AIDS Coordinator at the State Department, and specific direction for this office and its funding is included under the heading 

‘‘Global HIV/AIDS Initiative’’. 

The conference agreement includes the list of funding categories as proposed by the House which makes clear that funding 

for children orphaned or otherwise made vulnerable by HIV/AIDS 

should be considered separately from that for other orphans and 

vulnerable children. The managers also include $250,000 for the 

monitoring and oversight of child survival, maternal and family 

planning/reproductive health, and infectious disease programs, instead of $150,000 as contained in the Senate. 

The conference agreement includes language allocating $1,835,000,000 among seven program categories in the Child Survival and Health Programs Fund: $330,000,000 for child survival 

and maternal health, including vaccine-preventable diseases such 

as polio; $28,000,000 for vulnerable children (not including children 

affected by HIV/AIDS); $516,500,000 for HIV/AIDS, including assistance for communities, including children orphaned by HIV/

AIDS and otherwise affected by the disease; $185,000,000 for other 

infectious diseases, including TB and malaria; $375,500,000 for reproductive health/family planning; and $400,000,000 for the Global 

Fund to Fight AIDS, Tuberculosis and Malaria (Global ATM Fund). 

The managers expect that any change proposed subsequent to the 

allocation as directed in bill language will be subject to the requirements of section 515 of this Act. A definition of program categories 

and their components can be found on pages 9 through 11 of House 

668

Report 107–142 and under the heading ‘‘Family Planning/Reproductive Health’’ on page 12 of Senate Report 107–58. The managers, for the first time in several years, include funding for 

UNICEF in ‘‘International Organizations and Programs’’ rather 

than in this account. 

The managers commend the President for his commitment to 

combat HIV/AIDS, TB, and malaria. The conference agreement includes $1,646,000,000 to fight these three diseases, and anticipates 

that $754,00,000 is available in the Labor, Health and Human 

Services Appropriations Act. It is anticipated that a total of 

$2,400,000,000 is provided to fight HIV/AIDS, TB, and malaria in 

these two Acts. 

Of the amounts in this Foreign Operations Appropriations Act, 

$516,500,000, $185,000,000, and $400,000,000 are for HIV/AIDS, 

TB, and malaria, and a United States contribution to the Global 

ATM Fund, respectively. An additional $491,000,000 is included in 

the Global HIV/AIDS Initiative account, and $53,500,000 is in Economic Support Fund, Foreign Military Financing, and regional accounts for Eastern Europe and the Baltic States and the Former 

Soviet Union.

Foreign Operations funding for HIV/AIDS, TB, and Malaria, fiscal year 2004

Child Survival and Health Programs Fund (CSH) ............................. 1,101,500,000

HIV/AIDS ........................................................................................ (516,500,000) 

Other Infectious Diseases (TB + malaria) .................................... (185,000,000) 

Global ATM Fund ........................................................................... (400,000,000) 

Global HIV/AIDS Initiative .................................................................. 491,000,000

Other bilateral accounts, HIV/AIDS, TB, malaria .............................. 53,500,000

Total, HIB/AIDS, TB, malaria ................................................... 1,646,000,000 

The managers recognize that these three pandemics, especially 

HIV/AIDS and TB, are closely related, and that the response to 

them can not readily be separated. However, the managers have 

estimated how this $1,646,000,000 could be disaggregated by major 

infectious disease for tracking purposes. The managers also note 

that funding for ‘‘other infectious disease’’ should be allocated for 

activities besides fighting tuberculosis and malaria, such as disease 

surveillance. The TB and malaria estimates in this section should 

not be construed to indicate that these activities should not be undertaken. 

The conference agreement provides not less than 

$1,283,500,000 for programs for the prevention and treatment of 

HIV/AIDS, and for care and support of those infected and affected 

by the disease. $756,500,000 is funded through the Child Survival 

and Health Programs Fund, including $240,000,000 as a conservative estimate of the amount form this Act that will be allocated 

for HIV/AIDS by the Global ATM Fund. An additional 

$491,000,000 is included in the Global HIV/AIDS Initiative account, and an estimated $36,000,000 is provided through other accounts, such as the Economic Support Fund, International Disaster 

Assistance, Foreign Military Financing, and regional accounts for 

Eastern Europe and the former Soviet Union. The estimate of 

$1,283,500,000 for HIV/AIDS does not include the United States 

share of HIV/AIDS assistance through the World Bank Group. 

669

The managers provide most HIV/AIDS funding in two accounts, Child Survival and Health and a new account, the Global 

HIV/AIDS Initiative, similar to the structure of the Senate bill and 

the budget request. Instructions retained from the House bill and 

relevant to the Global HIV/AIDS Initiative are included under that 

heading. The managers intend that the $516,500,000 allocated for 

HIV/AIDS in the Child Survival and Health Programs Fund will be 

used to finance on-going programs, and that the $491,000,000 in 

the Global HIV/AIDS Initiative account will be used for new and 

expanded programs in 15 focus countries. 

The managers recognize that the epicenter of the HIV/AIDS 

epidemic is moving from Africa and the Caribbean toward Asia, 

Eastern Europe, and the former Soviet Union. In order to help prevent these epidemics from exploding, the managers once again direct that funds form the Child Survival and Health Programs Fund 

be made available for HIV/AIDS programs in Eastern Europe and 

the former Soviet Union. The conference report also includes funds 

under several bilateral accounts specifically to fight HIV/AIDS, TB, 

and malaria. The managers also encourage USAID, working in coordination with the Global AIDS Coordinator, to make make available funds from Child Survival and Health Programs Fund for 

HIV/AIDS program in ‘‘EST countries’’ other than those for which 

funds are specifically mandated in this Act. 

The managers concur with the President’s 2001 remarks at the 

announcement of the initial United States contribution to the proposed Global Fund to Fight AIDS, Tuberculosis and Malaria that 

a successful approach to fighting these diseases must incorporate 

bilateral and multilateral programs and approaches, and that the 

Global ATM Fund has a crucial role to play in marshalling and distributing international resources. 

The conference agreement includes $400,000,000 for a contribution to the Global ATM Fund, as proposed by the House, rather than $250,000,000 as in the Senate bill or $100,000,000 as contained in the budget request. The managers note that, of the 

awards pledged thus far by the Global ATM Fund to recipient 

countries, approximately 60 percent are for HIV/AIDS interventions, 23 percent are for malaria interventions, and 17 percent are 

for TB or combined TB/AIDS interventions. The managers have 

used these percentages to estimate the portion of the United States 

contributions to the Global ATM Fund that is likely be attributed 

for each disease. 

The managers intend that the United States contributions to 

the Global ATM Fund be used to leverage other donors’ contributions. The conference agreement does not include a provision contained in the House bill limiting the United States contribution to 

the Global ATM Fund to not more than one-half of all contributions

from other sources because a provision addressing the same matter 

is contained in section 202 of Public Law 108–25, the ‘‘United 

States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

Act of 2003’’. The managers expect that the Global AIDS Coordinator will use the funds provided for a United States contribution 

to the Global ATM Fund to maximally leverage resources from 

other donors. 

670

However, the managers also recognize that funding cycles for 

donors vary, and that the application of the above provision may 

cause a portion of funds allocated for a United States contribution 

to the Global ATM Fund to remain unspent. Therefore, the conference report also includes a ‘‘kick-out’’ clause, as proposed by both 

the House and the Senate, which would ensure that funds are used 

for bilateral HIV/AIDS programs if other donors are unable to fully 

match the intended United States contribution to the Global ATM 

Fund. This provision is addressed in section 595. The managers expect that the Global AIDS Coordinator will bear in mind the managers’ support for the Global ATM Fund and will judiciously use 

the flexibility provided by this ‘‘kick-out’’ clause to ensure that 

funds are allocated to the most effective uses. 

The conference agreement does not include a Senate provision 

regarding the percentage of the budget for prevention and treatment programs of the Global Fund to Fight AIDS, Tuberculosis and 

Malaria that is made available to support technical assistance to 

ensure the quality of such programs. However, the managers recognize the importance of technical assistance and note the extensive 

resources and experience of the United States Government in providing such assistance. The managers urge the Global AIDS Coordinator to seek to ensure that an appropriate percentage of resources are utilized for this purpose. 

When funding through bilateral programs administered by 

USAID is considered in combination with the United States contribution to the Global ATM Fund, the conference agreement provides a total of $169,000,000 for TB assistance. Of this amount, 

$92,500,000 is funded through the ‘‘other infectious diseases’’ allocation in this amount, an estimated $8,500,000 from other bilateral 

accounts, and $68,000,000 through the contribution to the Global 

ATM Fund. 

For malaria, the conference agreement provides a total of $193,500,000. Of this amount, it is expected that $92,000,000 of the 

contribution to the Global ATM Fund will fund malaria programs, 

$92,500,000 is funded through the ‘‘other infectious diseases’’ allocation in this amount, and an estimated $9,000,000 is provided 

from other bilateral accounts. 

The managers expect USAID to allocate up to 10 percent of its 

funding for malaria programs to medicines and vaccine research 

and development, including $3,000,000 for the Medicines for Malaria Venture, and the same amount for the Malaria Vaccine Initiative. 

The conference agreement includes bill language, proposed by 

the Senate, regarding the development of microbicides as a means 

of combating HIV/AIDS. 

The conference agreement does not include up to $150,000,000 

for mother and child HIV prevention as contained in the Senate 

bill. However, the managers expect that funds will be made available from the HIV/AIDS allocation in this account and from funds 

provided in the Global HIV/AIDS Initiative account. 

The conference account provides not less than $26,000,000 for 

research on and testing of HIV/AIDS vaccines. These funds should 

be allocated by the Global AIDS Coordinator at the Department of 

State to the International AIDS Vaccine Initiative. The managers 

671

expect that $10,000,000 will be used for cooperative projects coordinated with the European Union’s new 5-year program, the ‘‘AIDS 

Vaccine Integrated Project,’’ and in cooperation with the Partnership for AIDS Vaccine Evaluation (PAVE) operating under the 

aegis of the Department of Health and Human Services. 

The conference agreement also provides that not less than 

$26,000,000 should be made available as a United States contribution to UNAIDS, instead of $28,000,000 as proposed by the Senate. 

The House did not address this matter. The managers note the central role that UNAIDS plays in coordinating the work of eight U.N. 

agencies and the Global ATM Fund, and in providing technical support to countries as funding to combat HIV/AIDS rapidly increases. 

The managers urge USAID to implement programs that address the combination of the HIV/AIDS and hunger, including programs to enhance nutrition among HIV/AIDS-affected households 

and communities and that strengthen the ability of HIV/AIDS-affected individuals and households to meet current and future 

needs. Particular attention needs to be given to dealing with orphans and other vulnerable children and to promoting overall agriculture development and food production, including through school 

and hospital gardens as appropriate. 

The managers are aware of the efforts of Voices for Humanity 

and the other organizations cited on page 9 of Senate Report 108–

106 and page 15 of House Report 108–222 to convey HIV/AIDS 

awareness, prevention, treatment and medical training among nonliterate and oral communicating populations in developing countries. The managers expect that USAID and the Global AIDS Coordinator consider and, where feasible, fund pilot projects and other 

proposals submitted by such organizations. 

The conference agreement does not include a Senate provision 

that funds shall be made available to the HIV/AIDS, Tuberculosis 

and Malaria Cluster of the World Health Organization (WHO). 

However, the managers recognize the central role WHO plays in 

fighting HIV/AIDS and other infectious diseases, and expect that 

funds will be made available to support this new initiative. 

For health in West Africa, the conference agreement does not 

include section 699D of the Senate amendment providing 

$5,000,000 for the Carter Center’s Guinea Worm Eradication Program. The managers note that the Carter Center recently released 

an action plan for guinea worm eradiction that target Ghana, Nigeria, and Sudan. The managers strongly support this program and 

expect that $5,000,000 will be a made available for this purpose. 

The managers also endorse the House report language on the West 

African Health Organization and on obstetric fistula and urge 

USAID to initiate programs in heavily effected areas, and to expand the programs of the International Medical Corps in Sierra 

Leone that address this problem. 

The conference agreement allocates $375,500,000 for family 

planning/reproductive health within the Child Survival and Health 

Programs Fund, as proposed by the Senate, instead of $368,500,000 

as proposed by the House. 

The managers also direct USAID to continue to provide the 

Committees with a detailed annual report not later than March 31, 

672

2004, on the programs, projects, and activities undertaken by the 

Child Survival and Health Programs Fund during fiscal year 2003. 

Funds appropriated for the Child Survival and Health Programs Fund are appropriated for programs, projects and activities. 

Funds for administrative expenses to manage Fund activities are 

provided in a separate United States Agency for International Development Operating Expenses account, with three exceptions included in the conference agreement: authority for USAID’s central 

and regional bureaus to use up to $250,000 from program funds for 

Operating Expense-funded personnel to better monitor and provide 

oversight of the Fund; in section 522, authority to use up to 

$13,500,000 to reimburse other government agencies and private 

institutions for professional services; and in section 525, authority 

to hire overseas personnel on a limited term basis. 

Any proposed obligations for Global Development Alliance programs, projects or activities shall be subject to the regular notification procedures of the Committees on Appropriations, as shall any 

proposed transfers of Child Survival and Health Programs funds to 

any other agency, program, or account. 

DEVELOPMENT ASSISTANCE

The conference agreement appropriates $1,385,000,000 for ‘‘De- velopment Assistance’’ instead of $1,317,000,000 as proposed by the 

House and $1,423,000,000 as proposed by the Senate. The managers have agreed to provide $235,000,000 for basic 

education, including adult literacy programs, under the development assistance account, instead of $250,000,000 as proposed by 

the House bill or $220,000,000 as proposed by the Senate amendment. 

The conference agreement includes Senate language that pro- vides $100,000,000 shall be made available for drinking water supply projects and related activities. The managers expect USAID to 

report no later than 90 days after enactment of this Act on funding 

and implementation of its water projects, including the number and 

location of wells drilled, and the cost per well. 

The managers endorse language in Senate Report 108–106 regarding Water Conservation and, in particular, the recommendation for $1,500,000 for Water Missions International (WMI). The 

managers intend that this funding to WMI for hospitals in Honduras be in addition to water project funding previously planned 

for allocation in that country. 

The managers are aware of the efforts of the Millennium 

Water Alliance to provide potable water to African communities 

that lack access to clean water, and recognize the importance of the 

Alliance’s work. The managers recommend that, upon submission 

of suitable proposals to USAID, a significant part of the funds for 

potable water be provided to members of the Alliance to increase 

access to clean water and reduce rates of water-borne diseases and 

infant mortality in Africa. 

The managers encourage USAID to allocate increased funding 

for agricultural development activities, and recommend that 

USAID allocate funding for these activities in sub-Saharan Africa 

more at the village level to include projects in small-scale irrigation, water and drainage, post-harvest storage, crop intensification, 

673

crop and livestock diversification, and rural infrastructure, such as 

the Special Programme for Food Security of the U.N. Food and Agriculture Organization. 

The managers continue to support the work of private voluntary organizations in the economic growth sector, especially the 

Financial Services Volunteer Corps and the International Executive Service Corps. The managers direct USAID to provide such organizations with sufficient core funding and fair opportunity to 

compete for relevant contracts and awards in the economic growth 

sector.

The conference agreement includes language, similar to a Sen- ate provision, which provides that not less than $10,000,000 should 

be made available for programs and activities in rural Mexico to 

promote microfinance, small business development, private property ownership in rural communities, energy and environmental 

conservation, and to support small farmers who have been affected 

by adverse economic conditions, subject to the regular notification 

procedures of the Committees on Appropriations. The managers remain concerned with reports of corruption of the legal process in 

connection with a property dispute involving American citizens in 

Oaxaca and the University of the Americas, and the wrongful 

issuance of arrest warrants and imprisonment of these individuals. 

While the managers are aware that the criminal charges have been 

dismissed, the arrest warrants remain outstanding and the property dispute is unresolved. The managers intend to follow this matter until it is resolved satisfactorily. 

The managers are greatly concerned by continued reports of violence against women in Ciudad Jua ́ rez and Chihuahua, Mexico. 

The managers consider this a bi-national issue, as U.S. citizens are 

among the victims and among those accused of committing these 

acts. The managers urge the State Department to work with the 

Mexican government to set up a DNA database, under international auspices, which would enable the positive identification of 

the victims by collecting DNA samples from the victims and from 

the families of the disappeared women. 

The managers support projects in Central America that provide safe, nutritious, and affordable food to pre-school and school 

aged populations. The managers are aware of a nutritional drink 

that has achieved results in reducing malnutrition among Guatemalan pre-school children, and encourage USAID to determine the 

feasibility of establishing a long-term child nutrition program targeted toward reducing severe malnutrition rates among Central 

American children. 

The managers endorse the House language on the Cooperative 

Association of States for Scholarships, which calls upon USAID to 

fully implement and fund its new agreement with the Association. 

The managers endorse the House language on the Women in 

Development office urging that the office be funded at $11,000,000, 

and direct that USAID report no later than 90 days after the enactment of this Act on activities planned for the office and measures 

to increase staffing in order to expand its relevance to USAID-wide 

operations. 

With respect to Afghanistan, section 523 includes language 

similar to a Senate proposal, providing that not less then 

674

$2,000,000 should be made available for assistance for Afghans 

who suffer losses as a result of the military operations. The managers are aware that assistance for these victims has begun to be 

provided by USAID and the Department of Defense, in consultation 

with local Afghan communities, with funds previously appropriated. The managers believe that the capabilities of the Provincial Reconstruction Teams, which have access to remote, non-permissive areas, should be utilized. The managers intend these funds 

to be used for medical and rehabilitation assistance, shelter and 

other infrastructure, and other appropriate assistance from this account. 

Although the conference agreement does not contain Economic 

Support Fund assistance for Pakistan, it does contain funding for 

education and health programs in the Development Assistance account and Child Survival and Health programs Fund. Given the 

enormous challenges that face Pakistan in the education and 

health sectors, the managers strongly urge the Administration to 

structure its proposed 5-year USAID package to address those 

needs. The managers expect not less than $2,000,000 should be 

made available for programs and activities of the Pakistan Human 

Development Fund and not less than $1,000,000 for Amanut Society. The Senate included funding for these organizations under the 

heading ‘‘Economic Support Fund’’, but no funds are made available for Pakistan under that heading in this Act as $200,000,000 

was appropriated in Public Law 108–106. 

The managers direct that, of the funds for agriculture and rural development programs $25,000,000 be provided for USAID’s 

Collaborative Research Support Programs (CRSPs), of which 

$2,000,000 should be used to establish a CRSP that is focused on 

water security. 

The managers support the language of the House report directing that USAID fund dairy development programs at not less than 

$15,000,000 for fiscal year 2004. Of this amount at least $7,500,000 

should be made available for new projects at missions 

supplementing their existing rural development programs with a 

dairy component. The new programs should focus primarily on 

dairy development, rather than as a component of other cultural 

programs. The managers have included this directive in fiscal year 

2004 in part because of USAID’s failure to meet directives of previous years. 

The conference report includes language similar to a Senate 

provision which provides $155,000,000 for programs which directly 

protect biodiversity, including forests. The managers endorse language under the heading ‘‘Environment Programs’’ on page 17 in 

Senate Report 108–106 on these issues, including the importance 

of developing a regional strategy for biodiversity conservation in 

the Amazon Basin, amounts of assistance for Brazil in fiscal year 

2004, and support for the Amazon Conservation Team. The conference agreement does not include Senate language relating to the 

use of Child Survival and Health and Development Assistance 

funds for integrated population-health-environment programs. 

However, the managers expect Child Survival and Health funds to 

be used to fund child survival, health, and family planning activities of integrated population-health-environment programs, includVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00678 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
675

ing in areas where biodiversity and endangered species are threatened and Development Assistance funds should be used to fund environment, conservation, natural resource management, and sustainable agriculture activities in such integrated programs. 

The managers support programs that conserve energy and promote efficient energy production and distribution in developing 

countries. The conference agreement provides in section 555 that 

$180,000,000 should be made available for these programs. The 

managers urge that energy technology program offices at USAID, 

the Export-Import Bank, the Overseas Private Investment Corporation, the Trade and Development Agency and other federal agencies involved in foreign assistance and export promotion activities 

that participate in the Clean Energy Technology Exports Initiative, 

contribute to this nine-agency effort. 

The managers endorse language on page 15 of Senate Report 

108–106 regarding, among other things, the importance of preserving the viability of leading micro-finance NGO networks so 

these organizations may increase the number of people they serve. The managers direct that not less than $1,000,000 be made 

available for the United States Telecommunications Training Institute, a long-standing and successful program that provides communications and broadcasting training to professionals around the 

world. The Senate amendment included bill language mandating 

that such funds be made available for this purpose. The House bill 

did not address this matter. 

The conference agreement provides that $19,000,000 should be 

made available for the American Schools and Hospitals Abroad program. The Senate amendment included bill language stating that 

$20,000,000 should be made available for this purpose. 

The managers strongly support the fertilizer-related research 

and development being conducted by the International Fertilizer 

Development Center (IFDC) and urge USAID to make at least 

$4,000,000 available to IFDC, including not less than $2,300,000 

for its core grant, as provided under the Senate amendment. 

The conference agreement does not include language, as proposed by the Senate, providing up to $3,000,000 for the International Real Property Foundation. The managers direct USAID to 

provide funding to this organization. 

The managers support the budget request for programs and activities conducted by USAID’s Bureau of Democracy, Conflict and 

Humanitarian Assistance. The managers expect sufficient funding 

to be provided for democracy building activities that, if properly implemented, can serve as a bulwark against terrorism. 

The managers endorse language in Senate Report 108–106 regarding Faith Based Organizations. 

The managers note that a proposal by the University of South 

Dakota to develop international mental health programs was inadvertently omitted from the list of university proposals on pages 20 

to 23 of the Senate report. 

The managers continue to be supportive of efforts to form public-private partnerships, through the Global Development Alliance 

or other appropriate USAID mechanisms, to build and support 

schools and other educational institutions, which promote tolerant, 

secular educational curricula. 

676

The conference agreement includes a general provision (section 

586), similar to Senate language, which provides that not less than 

$35,000,000 in ‘‘Development Assistance’’ funds should be made 

available for Nicaragua, which is $4,000,000 above the amount requested. The managers commend President Bolanos for his efforts 

to combat the endemic corruption that has impeded Nicaragua’s development. The managers recommend that these additional funds 

be used to assist subsistence farmers and to support judicial reform 

efforts. 

The managers support the request for Development Assistance 

for Nepal, but are aware of the deteriorating climate for security 

and private investment. In particular, the Department of State is 

asked to continue to work with the Government of Nepal to promote broad-based economic development and to secure property 

rights for Nepalese and foreign-owned infrastructure, including private power generation facilities. 

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

The conference agreement appropriates $255,500,000 for 

‘‘International Disaster and Famine Assistance’’, instead of 

$315,500,000 as proposed by the House and $235,500,000 as proposed by the Senate. 

Of this amount, $20,000,000 is made available specifically for 

assistance for famine prevention and relief, instead of $80,000,000 

as proposed by the House and $100,000,000 as proposed by the 

Senate under a separate heading, ‘‘Famine Fund’’. The conference 

agreement requires consultation with the Committees on Appropriations prior to the commitment or obligation of these funds. 

The remaining $235,500,000 is appropriated to USAID for traditional international disaster relief, rehabilitation, and reconstruction assistance, especially to mitigate the impact of unforeseen natural disasters. 

DEVELOPMENT CREDIT AUTHORITY

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes authority for USAID to use 

funds made available by this Act for the cost of modifying loans 

guaranteed under this or prior Acts, as proposed by the Senate. 

The House bill did not address this matter. The conference agreement requires that the appropriate Committees be notified prior to 

the use of funds for loan restructuring. 

OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR

INTERNATIONAL DEVELOPMENT

Out of the $604,100,000 appropriated for Operating Expenses 

of the United States Agency for International Development, the 

conference agreement provided $25,000,000 to be available until 

September 30, 2005 instead of $30,000,000 as proposed by the 

House. In addition, contracts or agreements entered into with 

funds made available under this heading may entail commitments 

for the expenditure of such funds through September 30, 2005. 

677

The managers have also included a new provision prohibiting 

the use of funds to open a new USAID overseas mission without 

prior written notification. In addition, several other provisions give 

the Agency greater flexibility in hiring personnel to meet expanding or unanticipated missions. The managers also support the intent of the language regarding USAIDLINK on page 30 of House 

Report 107–683, and expect that this activity will be carried out 

over the next two years. 

The conference agreement includes language that would prohibit reducing the number of foreign service employees at each mission in Latin America expect as provided through notification to 

the Committees on Appropriations. The managers understand that 

the assistance and staffing levels for all Central American missions 

have been under pressure due to demands elsewhere in the world, 

but Guatemala, Honduras and Nicaragua are slated for substantial 

staffing reductions relative to other countries in this hemisphere. 

The managers do not believe that this strategy reflects the priorities of United States economic, trade, humanitarian and immigration policies with these countries. Guatemala specifically is struggling in a state of post-conflict polarization, and with the new January 2004 government, the managers strongly believe that reducing assistance and staffing would limit the ability of the United 

States to be responsive at this critical juncture in Guatemala’s history. 

CAPITAL INVESTMENT FUND

The conference agreement appropriates $82,200,000 for 

USAID’s Capital Investment Fund, instead of $49,300,000 as proposed by the House or $100,000,000 as proposed by the Senate. 

The conference agreement includes House language that authorizes the Administrator of USAID to assess fair and reasonable 

rental payments for the use of space by employees of other government agencies; provides that the rental payments shall be deposited into this account as offsetting collections; requires notification 

for the use of such offsetting collections, as well as for funds appropriated under this heading; and provides that the assignment of 

United States Government employees and contractors to space in 

buildings shall be subject to the concurrence of the Administrator 

of USAID. 

The conference agreement includes $62,200,000 for new 

USAID buildings in Phnom Penh, Cambodia, Kampala, Uganda, 

and Conakry, Guinea or Bamako, Mali, as requested by the President. The managers note that in the past USAID has abruptly 

modified its prioritization of major overseas building projects and, 

therefore, request to be consulted immediately should this occur 

again. The managers strongly support the provisions of funds, 

when available, for a new USAID building in Yerevan, Armenia. 

678

OTHER BILATERAL ECONOMIC ASSISTANCE

ECONOMIC SUPPORT FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $2,132,500,000 for the 

Economic Support Fund instead of $2,240,500,000 as proposed by 

the House and $2,415,000,000 as proposed by the Senate. 

Funds in this account are allocated in the following table and, 

as stipulated in bill language, any change to these allocations is 

subject to the regular reprogramming procedures of the Committees on Appropriations: 

Economic Support Fund 

[Budget authority in thousands of dollars] 

Conference agreement 

Africa: 

Africa Regional ............................................................................... $12,000

Angola .............................................................................................. 3,500

Burundi ........................................................................................... 3,500

Democratic Republic of Congo ....................................................... 5,000

Ethiopia ........................................................................................... 5,000

Kenya ............................................................................................... 8,000

Nigeria ............................................................................................. 5,000

Regional Organizations .................................................................. 3,000

Safe Skies ........................................................................................ 5,000

Sierra Leone .................................................................................... 5,000

South Africa .................................................................................... 2,000

Sudan ............................................................................................... 10,000

Zimbabwe ........................................................................................ 3,000

Kimberley Process .......................................................................... 1,500

NED democracy program ............................................................... 3,000

Subtotal—Africa .......................................................................... 74,500

East Asia and the Pacific: 

ASEAN Regional ............................................................................. 1,000

Burma .............................................................................................. 13,000

Cambodia ......................................................................................... 17,000

NED democracy programs ............................................................. 3,000

Tibet ................................................................................................. 4,000

East Timor ...................................................................................... 22,500

Indonesia ......................................................................................... 50,000

Mongolia .......................................................................................... 10,000

Philippines ...................................................................................... 17,750

Environmental Programs ............................................................... 1,750

Regional Women’s Issues ............................................................... 2,000

South Pacific Fisheries ................................................................... 18,000

Subtotal—East Asia and Pacific ................................................ 160,000

Europe: 

Cyprus ............................................................................................. 13,500

Irish Visa Program ......................................................................... 3,500

Turkey ............................................................................................. 100,000

Subtotal—Europe ........................................................................ 117,000

Near East: 

Egypt ............................................................................................... 575,000

Israel ................................................................................................ 480,000

Jordan .............................................................................................. 250,000

Lebanon ........................................................................................... 35,000

Middle East Partnership Initiative ............................................... 90,000

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Conference agreement 

Middle East Regional Cooperation ................................................ 5,500

West Bank/Gaza ............................................................................. 75,000

Yemen .............................................................................................. 11,500

NED Muslim democracy programs ............................................... 3,500

Subtotal—Near East ................................................................... 1,525,500

South Asia: 

Afghanistan ..................................................................................... 75,000

Bangladesh ...................................................................................... 5,000

India ................................................................................................ 15,000

Nepal ............................................................................................... 5,000

South Asia Regional ....................................................................... 2,000

Sri Lanka ........................................................................................ 12,000

Subtotal—South Asia ................................................................. 114,000

Western Hemisphere: 

Administration of Justice/ICITAP ................................................. 5,000

Bolivia .............................................................................................. 8,000

Cuba ................................................................................................. 7,000

Dominican Republic ........................................................................ 3,000

Ecuador ........................................................................................... 13,000

Guatemala ....................................................................................... 5,000

Mexico .............................................................................................. 11,500

Panama ............................................................................................ 3,000

Paraguay ......................................................................................... 3,000

Peru ................................................................................................. 8,000

Peru/Ecuador Peace ........................................................................ 4,000

Third Border Initiative .................................................................. 4,000

Venezuela ........................................................................................ 500

Hemisphere Cooperation Program ................................................ 10,000

Subtotal—Western Hemisphere ................................................. 85,000

Global: 

Human Rights and Democracy Fund ............................................ 34,500

OES Initiatives ............................................................................... 4,000

Partnerships to Eliminate Sweatshops ......................................... 2,000

Wheelchairs ..................................................................................... 5,000

Reconciliation Programs ................................................................ 8,000

Security and Sustainability Programs .......................................... 3,000

Subtotal—Global ......................................................................... 56,500

Total, ESF .................................................................................... 2,132,500 

The conference agreement provides $480,000,000 for Israel and 

language requiring disbursement of funds within 30 days of enactment of this Act. The conference agreement provides not less than 

$575,000,000 for Egypt as proposed by both the House and Senate, 

of which not less than $200,000,000 is for the Commodity Import 

Program assistance as proposed by the Senate. 

The conference agreement also includes language that provides 

that not less than $250,000,000 should be made available for assistance for Jordan, as proposed by the House. The Senate language would have mandated this level of support. 

The managers endorse the House report language regarding 

support for the International Arid Lands Consortium. The managers also direct that not less than $1,000,000 be made available 

from ESF funds or from ‘‘Development Assistance’’ for the 

Blaustein Institute for Desert Research to investigate the flow and 

transport of pollutants in groundwater. 

680

The conference agreement provides that up to $1,000,000 of 

funds should be used to further legal reforms in the West Bank 

and Gaza, including judicial training on commercial disputes and 

ethics. 

The conference agreement does not include funds for Pakistan under this heading. The Senate provided $200,000,000 for Pakistan, as requested by the President. The House included 

$67,000,000 for Pakistan, specifically for debt relief for Pakistan. 

The Senate did not address the matter of debt relief. Congress provided $200,000,000 in subsidy appropriations for Pakistan in P.L. 

108–106, the Fiscal Year 2004 Emergency Supplemental for Defense and Reconstruction of Iraq and Afghanistan. 

The conference agreement includes language similar to that proposed by the Senate providing that not less than $13,500,000 

shall be available for assistance for Cyprus. The House bill provided that $12,000,000 should be made available, and the Senate 

bill provided $15,000,000 for Cyprus. 

The conference agreement includes language similar to that in the Senate amendment that provides not less than $35,000,000 for 

assistance for Lebanon. In addition, funding provided in this account for the Central Government of Lebanon is subject to Congressional notification. The managers permit that $4,000,000 should be 

made available for American educational institutions in Lebanon 

from the bilateral assistance program. 

The conference agreement does not include a Senate provision 

concerning the abduction of American children in Lebanon. However, the managers note that Lebanese officials have failed to enforce the custody and international pickup orders of Lebanon’s civil 

courts despite repeated assurances. The managers condemn the 

Lebanese and Syrian authorities who have failed to uphold their 

laws and execute arrest warrants against parents who have abducted American children. 

The conference agreement includes a general provision, similar to a Senate provision, which provides $8,000,000 for reconciliation 

programs and activities that bring together individuals of different 

ethnic, religious, and political backgrounds from areas of civil conflict and war. The managers note the bipartisan support for such 

activities that promote understanding and reconciliation particularly in the Middle East, and expect the State Department and 

USAID to establish an efficient and effective mechanism for evaluating and funding proposals for the use of these funds. The managers believe that the following organizations are among those deserving consideration and support: Seeds of Peace; the Jerusalem 

International YMCA, the Arava Institute for Environmental Studies, the International Crisis Group, the Middle East Children’s Association, Partners for Democratic Change, and Interns for Peace. 

The conference agreement provides $22,500,000 in ‘‘Economic 

Support Fund’’ assistance for East Timor (Timor-Leste) instead of 

$25,000,000 as proposed by the Senate and $13,500,000 (and 

$4,000,000 in Development Assistance) as proposed in the House. 

The managers recommend that funds be made available to, among 

other things, enhance economic programs to revitalize and for educational and vocational training especially for unemployed youth, 

promote good governance, meet basic human needs, and improve 

681

physical infrastructure. The conference agreement provides that of 

the funds for East Timor, $1,000,000 may be available for administrative expenses of the United States Agency for International Development. 

The managers have included language, similar to the Senate 

bill, which provides $1,500,000 for technical assistance to implement the Kimberley Process Certification Scheme. The managers 

endorse the Senate report language on this issue and urge the Administration to request funds for this purpose in fiscal year 2005. 

The managers have included a provision, similar to Senate language, regarding programs to develop justice and reconciliation 

mechanisms in Central Africa and expect the Administration to 

provide the amount of funding requested for these programs. The 

managers are concerned about human rights abuses in Central Africa, including rape committed on a massive scale in the eastern 

region of the Democratic Republic of the Congo. The managers urge 

the Administration to initiate programs aimed at ending the impunity that prevails in the region, preventing future abuses, and providing medical and counseling services to victims. 

The conference agreement includes language in section 558 

similar to a Senate provision which earmarks not less than 

$4,000,000 in ‘‘Economic Support Fund’’ assistance for Tibet 

through nongovernmental organizations located outside the People’s Republic of China to support activities that preserve cultural 

traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in Tibetan communities in China. The managers 

are aware that the migration of Han Chinese into these areas 

threatens the survival of Tibetan culture and that nongovernmental organizations are involved in small scale projects to empower Tibetan communities and preserve Tibetan culture, and address basic human needs. The managers support the unique role of 

The Bridge Fund, and expect not less than $1,700,000 to be provided for the Bridge Fund in fiscal year 2003 funds, and not less 

than $2,000,000 to be provided for The Bridge Fund in fiscal year 

2004 funds. The managers intend that the balance of the funds will 

be made available on a fully competitive basis to organizations 

with a history of working with Tibetan communities. 

The managers endorse language similar to that contained in 

the House report, that recommends $250,000 be made available 

through a nongovernmental organization, such as the National Endowment for Democracy, for the purpose of providing training and 

education of Tibetans in democracy activities, and monitoring the 

human rights situation in Tibet. The managers intend these funds 

to be made available through section 526(d) of this Act. 

The conference agreement does not include a Senate provision 

earmarking $250,000 for the Commission to Investigate Illegal 

Groups and Clandestine Security Apparatus in Guatemala. However, the managers strongly support this effort to investigate those 

responsible for the political violence and organized criminal activity 

that continues to hamper Guatemala’s development, and recommend that at least $250,000 be provided to the Commission in 

fiscal year 2004. 

682

The managers are concerned with reports that the Government 

of Ecuador has failed to adequately safeguard foreign investments 

in that country. The managers direct the Secretary of State to report to the Committees on the extent of United States investments 

in Ecuador, and an analysis of the political, legal and economic 

challenges posed to such investments. The managers request the 

report to include recommendations for addressing and resolving 

these challenges. 

The conference agreement provides that Economic Support 

Fund resources shall be made available for administrative costs of 

the United States Agency for International Development to implement regional programs in Asia and the Near East, including the 

Middle East Partnership Initiative, in addition to amounts otherwise available for such purposes. 

The conference agreement provides that funds appropriated 

under the Economic Support Fund for a Middle East Financing Facility, Middle East Enterprise Fund, or any other similar entity in 

the Middle East shall be subject to the regular notification procedures of the Committees on Appropriations. 

The conference agreement provides that not less than 

$1,750,000 should be made available for East Asia and Pacific Environment Initiatives. The Senate bill provided $3,500,000 for this 

program and the House bill did not address this issue. The conferees have included $18,000,000 for the Treaty on Fisheries between the United States and the governments of certain Pacific Island states, popularly known as the South Pacific Regional Fisheries Treaty. The conferees endorse the discussion of this issue in 

the House report. 

The managers provide $3,000,000 for the Foundation for Security and Sustainability. 

Of the $4,000,000 included in the conference agreement for the 

initiatives of the State Department Bureau of Oceans and International Environmental and Scientific Affairs, $2,000,000 is for 

supporting a bilateral science and technology agreement with Pakistan for which Development Assistance funds were denied in fiscal 

year 2003. 

The conference agreement provides language not in either the 

House or the Senate bill that allows transfers to the Economic Support Fund from funds appropriated in P.L. 108–106 for the Iraq Relief and Reconstruction Fund. The conferees have included language that allows up to $100,000,000 for transfer to support programs for Turkey, and $30,000,000 for transfer to support the Middle East Partnership Initiative. 

INTERNATIONAL FUND FOR IRELAND

The conference agreement appropriates $18,500,000 instead of 

$19,600,000 as proposed by the House. The Senate did not address 

this matter. 

The conferees encourage the International Fund for Ireland to 

continue progress for direct reconciliation assistance and programs, 

particularly in helping to develop a fully supported, accountable 

and modern police service that serves all communities. 

683

GLOBAL HIV/AIDS INITIATIVE

The conference report includes $491,000,000 for the Global 

HIV/AIDS Initiative instead of $989,000,000 as proposed by the 

Senate or $450,000,000 as contained in the budget request. The 

House addressed this matter within the Child Survival and Health 

Programs fund and did not include funding for initiatives in a limited number of focus countries in a separate appropriations account. 

The managers welcome the creation at the State Department 

of the Office of the Global AIDS Coordinator, and anticipate that 

the powers and responsibilities delegated to the Coordinator by this 

Act and Public Law 108–25 will enable the Coordinator to finally 

coalesce the HIV/AIDS programs run by disparate agencies into an 

effective, coordinated approach. The managers have not included 

language included by the Senate that would have allowed the Coordinator authority to reach into other appropriations accounts and 

transfer funds into this account. The transfer authorities in section 

509 of the conference agreement enable the Coordinator to fulfill 

his mandate. Any reprogramming or transfers of funds into or out 

of the Global HIV/AIDS Initiative account is subject to the regular 

notification procedures of the Committees on Appropriations and 

section 634A of the Foreign Assistance Act. 

The conference report does not include language contained in 

the House bill limiting the value of grants and contracts that may 

be let directly from the Coordinator’s office at $50,000,000. The Coordinator has informed the Committees that his office will rely primarily upon the procurement and contracting capacity existent in 

United States agencies. The managers expect the Coordinator to 

consult with the Committees on Appropriations prior to exercising 

his contracting and grant-making authority to directly implement 

overseas programs. 

The managers have included $8,000,000, as proposed by the 

Senate, for the administrative expenses of the Office of the Global 

AIDS Coordinator. The managers request the Global AIDS Coordinator, not later than 90 days following enactment of this Act, to 

submit to the Committees on Appropriations a report which details 

by object class the proposed uses of the Office’s administrative expense allowance. 

The conference agreement includes language, similar to Senate 

provisions, which provides up to $75,000,000 should be provided for 

the safe and appropriate use of injections and other forms of infection control and prevention, and for blood safety programs. With 

respect to the safe and appropriate use of injections and other 

forms of infection control and prevention, the managers intend 

these funds to be used for programs and activities including national assessments and planning; the provision of syringes with the 

re-use prevention and safety feature(s) that will effectively reduce 

exposure to contaminated syringes and needles, and safety disposal 

boxes; gloves, masks, and other supplies required to implement 

universal precautions; logistical support to ensure a reliable supply 

of and proper use of these items; public education on the safe and 

appropriate use of injections; training of health providers; post exVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00687 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
684

posure prophylaxis programs for health and laboratory workers; 

and waste management. 

With respect to blood safety programs, the managers intend 

these funds to be used for programs and activities including the establishment and support of national blood services; formulation/reform of national transfusion protocols to reduce the number of low 

priority transfusions; the provision of rapid HIV test kits; screening 

for other transfusion-transmitted infections; staff training, including in the appropriate clinical use of blood; the recruitment of voluntary, non-remunerated blood donors; and quality assurance programs.

The managers note that the United States Global Leadership 

Against HIV/AIDS, TB and Malaria Act of 2003 (P.L. 108–25) provides that in fiscal year 2004 it is the ‘‘sense of Congress’’ that 55 

percent of all global HIV/AIDS funds should go for treatment, 20 

percent for prevention, of which no less than 33 percent be reserved for ‘‘abstinence until marriage’’ programs, 15 percent for 

palliative care, and 10 percent for orphans and vulnerable children. 

The managers continue to request a satisfactory explanation of 

how the Administration selected its Global HIV/AIDS Initiative 

focus countries, including selection criteria that takes into account 

the need to preemptively stem the tide of the disease in other parts 

of the world at high risk of developing full-blown pandemics. The 

conference agreement includes language urging the Global AIDS 

Coordinator to select one additional focus country not in Africa or 

the Caribbean region. The managers understand that the Global 

AIDS Coordinator will consult with the Committees as he selects 

this fifteenth country, and will keep them informed on the selection 

criteria as they are developed. 

The leading indicator of success for the Global AIDS Initiative 

is treating 2 million people living with HIV/AIDS, preventing 7 million new infections, and providing care and support to 10 million 

of those infected and otherwise affected by the disease. One of the 

responsibilities of the Global AIDS Coordinator is to determine the 

proper allocation categories for programs and projects under his 

oversight in order to meet these objectives, but categorization may 

be difficult for some activities. The costs of mother and child transmission programs, for instance, are substantial. If these costs are 

included within the 20 percent target for prevention programs, 

funding for crucial behavioral change prevention programs may 

well be crowded out. The costs of mother and child transmission 

might also be considered part of the 55 percent target for treatment programs, since breaking the cycle of mother-to-child transmission often relies on the use of drug treatments. 

The managers support the goals for HIV/AIDS antiretroviral 

treatment established through section 402 of Public Law 108–25, 

including that by the end of fiscal year 2004 at least 500,000 individuals with HIV/AIDS will be receiving antiretroviral treatment 

through United States assistance programs. The managers encourage the Global AIDS Coordinator to solicit and fund proposals for 

the delivery of antiretroviral treatment in targeted countries in an 

expeditious manner. 

The managers recognize that United States funding in the 

fight against HIV/AIDS, tuberculosis, and malaria will not, in 

685

itself, roll back these pandemics. Sustaining the advances made by 

the Global HIV/AIDS Initiative and other programs will be a growing challenge as more people begin drug therapy. The managers 

encourage the Global AIDS Coordinator to consider pilot programs 

and innovative approaches, including public-private partnerships 

and faith based organizations, aimed at increasing sustainability 

and access to high-quality, affordable drugs while respecting intellectual property rights. 

The managers request the Global AIDS Coordinator to submit 

a report to the Committees on Appropriations, the Senate Committee on Foreign Relations, and the House Committee on International Relations not later than 60 days after enactment describing (1) the estimated proportion of all global HIV/AIDS funding in 

fiscal year 2004 that will be spent on prevention activities, and the 

estimated amount in dollars; (2) the amount estimated to be spent 

on ‘‘abstinence until marriage’’ programs in fiscal year 2004; and 

(3) a description of the criteria for determining which programs are 

included under treatment; prevention, with the criteria for ‘‘abstinence until marriage’’ programs specifically outlined; palliative 

care; and orphans and vulnerable children. 

The managers also request the Global AIDS Coordinator to 

submit brief reports to the Committees on Appropriations, the 

House Committee on International Relations, and the Senate Committee on Foreign Relations not later than 90 days following the 

enactment of this Act and updated every 90 days thereafter, describing the obligation and transfers between accounts during the 

previous quarter of all funds overseen by the Global AIDS Coordinator. The managers note the reports mandated by P.L. 108–25, 

and direct the Global AIDS Coordinator to also submit these reports to the Committees on Appropriations. 

ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES

The conference agreement appropriates $445,000,000 as proposed by the Senate, instead of $452,000,000 as proposed by the 

House. 

Funds in this account are allocated in the following table and, 

as stipulated in bill language any change to these allocations is 

subject to the regular reprogramming procedures of the Committees on Appropriations:

Assistance for Eastern Europe and the Baltic States 

[Budget authority in thousands of dollars] 

Conference agreement 

Albania ................................................................................................... $28,000 

Bosnia-Herzegovina ............................................................................... 45,000 

Bulgaria .................................................................................................. 28,000 

Croatia .................................................................................................... 25,000 

Kosovo ..................................................................................................... 79,000 

Macedonia ............................................................................................... 39,000 

Romania .................................................................................................. 28,000 

Serbia ...................................................................................................... 100,000 

Montenegro ............................................................................................. 35,000 

Regional Programs ................................................................................. 38,000

Total AEEB ................................................................................. 445,000

686

The conference agreement contains language that provides 

that $2,000,000 should be made available to enhance safety at nuclear power plants. It is intended that this nuclear safety program 

will include the provision of full scope simulators. 

The managers have provided $35,000,000 for assistance programs in Montenegro as recommended in the House report. The 

conference agreement includes language providing that not less 

than $12,000,000 of this amount shall be for economic development 

and environmental programs in Montenegro’s coastal region. This 

language was not included in either the House or Senate bills, but 

is similar to direction contained in the House report. 

The conference agreement includes Senate language providing 

not less than $1,000,000 should be made available for a program 

to promote greater understanding and interaction among youth in 

Albania, Kosovo, Montenegro, and Macedonia under this heading, 

and not ‘‘Economic Support Fund, as proposed by the Senate. This 

program also was discussed in the House report under the Assistance for Eastern Europe and Baltic States account. The managers 

expect the National Albanian American Council to conduct this program. 

The managers strongly recommend that the Russian, Eurasian, and East European Research and Training Program (Title 

VIII) be funded at the 2003 level. The managers endorse the House 

report language on the East Central European Scholarship Program (ECESP) and recognize the Administration’s continued support for the program. The managers further recognize that expansion of this program into Central Asia would benefit the people of 

this region. 

The conference agreement includes not less than $53,500,000 

for HIV/AIDS, tuberculosis, and malaria from this heading, Assistance for the Independent States of the Former Soviet Union, Economic Support Fund, and Foreign Military Financing, instead of 

$50,000,000 from these accounts, (except Foreign Military Financing) as contained in the Senate amendment. The managers are increasingly concerned about the increase of HIV/AIDS and tuberculosis, especially multi-drug resistant tuberculosis, in Eastern Europe, central Asia, and Russia. 

ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET

UNION

The conference agreement appropriates $587,000,000, instead 

of $576,000,000 as proposed by the House and $596,000,000 as proposed by the Senate. 

The conference agreement includes not less than $57,000,000 

for child survival, environmental and other health activities, and 

programs to reduce the incidence of HIV/AIDS, tuberculosis, and 

other infectious diseases, including not less than $15,000,000 for 

reproductive health/family planning. 

The managers reiterate language in the Statement of the Managers from prior years with regard to other limitations on assistance, ‘‘that assistance to combat infectious diseases, . . . support 

for regional and municipal governments, and partnerships between 

United States hospitals, universities, judicial training institutions 

687

and environmental organizations and counterparts in Russia 

should not be affected by this section.’’ The conference agreement provides not less than $19,000,000 

should be made available for nuclear reactor safety initiatives in 

Ukraine. The managers expect that of this amount, $14,000,000 

shall be provided for simulator-related projects. The conference 

agreement also includes language similar to that proposed by the 

Senate providing not less than $1,500,000 for coal mine safety programs. The conference agreement provides that $94,000,000 shall be made available for assistance for Russia, including $4,000,000, as 

proposed by the Senate, to promote freedom of the media and independent media in that country. This amount is $21,000,000 above 

the budget request. 

The managers remain gravely concerned with the deterioration 

and systematic dismantling of democracy and the rule of law in the 

Russian Federation. The managers condemn the Russian Government’s crackdown on the media and political opposition groups and 

individuals, and call upon senior Russian officials to immediately 

cease the harassment of American citizens involved in foreign assistance programs in Russia by that country’s security services. 

The managers expect the State Department to proactively and 

publicly engage the Russian Government to immediately terminate 

forced returns of displaced Chechens to Chechnya, provide additional assistance to those Chechens impacted by Russian efforts to 

force or coerce returns, and secure accountability for gross human 

rights violations committed by Russian forces against Chechen civilians. The managers request the State Department to consult 

with the Committees on this matter. 

The managers expect a significant portion of these funds to be 

used to support democracy and rule of law programs in Russia. 

The managers support the Russian American Judicial Partnership, the Russian American Rule of Law Consortium, and the 

American Bar Association’s Central and East European Law Initiative, which are involved in activities to strengthen the rule of law 

and protect civil liberties, which are essential to democratic and 

economic development in Russia. The mangers also support efforts, 

such as those of the Institute for Sustainable Communities, to mitigate the effects of environmental pollution on human health in the 

Central Asian region. 

The conference agreement includes language providing not less 

than $17,500,000 for the Russian Far East, instead of $20,000,000 

as proposed by the Senate. The managers endorse language in Senate Report 108–106 regarding the Russian Far East. 

The managers endorse Senate Report 108–106 language regarding orphans, and strongly support the work of Kidsave International and other organizations working in the Former Soviet 

Union. 

The conference agreement provides $75,000,000 under the 

heading Assistance for the Independent States of the Former Soviet 

Union for assistance for Armenia, as proposed by the Senate. This 

amount is $25,500,000 above the budget request. The managers direct that $2,500,000 in Foreign Military Financing and not less 

than $900,000 in International Military Education and Training 

688

funds be provided to Armenia, as contained in the budget request. 

The managers support Senate report language on the use of military assistance to enhance communication capabilities. 

The managers support the provision of assistance to the American University of Armenia (AUA), and recognize the important 

contribution of AUA to the development of Armenia’s future leaders. 

The managers endorse House report language regarding proposals to establish and develop in Armenia a central diagnostic laboratory for the Caucasus region to address health and food safety. 

The managers continue to follow political developments in the 

region, particularly efforts to secure a peaceful resolution to the 

Nagorno-Karabakh conflict. The managers endorse confidencebuilding measures among all parties to the conflict. 

The managers have not included a specific amount for Georgia 

in the conference agreement, but continue to closely follow political 

developments in Georgia. The managers are troubled by recent 

events, including political turmoil following flawed elections earlier 

this month. The managers condemn all acts of violence and intimidation against the opposition and encourage all parties to engage 

in dialogue to resolve the current political crisis. 

The managers note that corruption and the absence of political 

will to implement much needed reforms hinder the political, economic, and legal development of Georgia. The managers expect the 

State Department to continue to press the Government of Georgia 

to be far more transparent and accountable. 

The managers appreciate the threats to Georgia and the region 

from terrorists in the Pankisi Gorge, and encourage the State Department to continue to fund those programs and activities that 

further the national security interests of both the United States 

and Georgia. 

The managers expect to be consulted by the Department of 

State prior to any obligation of funds, should that country’s political situation continue to deteriorate and funding priorities change. 

The conference agreement does not include Senate language 

expressing concern with the flawed October presidential elections 

in Azerbaijan but retains language in section 592 requiring the 

Secretary of State to report to Congress on the ongoing investigation into the murder of United States democracy worker John 

Alvis. 

The managers condemn the manipulation of the electoral process by Azeri officials and deplore the post-election crackdown on 

demonstrators that killed at least one individual and injured more 

than 300. The managers note that Azerbaijan has yet to hold national polls that meet internationally recognized standards of free 

and fair elections. 

The managers expect the State Department, the Federal Bureau of Investigation and the Azeri Government to reinvigorate efforts to investigate and prosecute those responsible for the murder 

of John Alvis in December, 2000. 

The managers are concerned with reports that the Government 

of Moldova has failed to adequately safeguard foreign investments 

in that country. The managers request the Secretary of State to report to the Committees not later than 180 days after enactment of 

689

this Act on the extent and status of United States direct foreign investment in Moldova, and an analysis of the political, legal and 

economic challenges to such investments, particularly with regard 

to a cognac factory. 

INDEPENDENT AGENCIES

INTER-AMERICAN FOUNDATION

The conference agreement appropriates $16,334,000 as proposed by the Senate, instead of $15,185,000 as proposed by the 

House. 

AFRICAN DEVELOPMENT FOUNDATION

The conference agreement appropriates $18,689,000 as proposed by the Senate, instead of $17,689,000 as proposed by the 

House. 

PEACE CORPS

The conference agreement provides $310,000,000 as proposed 

by the Senate instead of $314,000,000 as proposed by the House. 

Under the heading Global HIV/AIDS Initiative, the conference 

agreement provides a permissive transfer of $15,000,000 to the 

Peace Corps for HIV/AIDS activities, instead of $20,000,000 as proposed by the Senate. The House did not address this matter. 

The managers have included House language permanently 

waiving the so-called ‘‘five-year rule’’ of employment in the case of 

employees whose appointment involves the safety of Peace Corps 

volunteers, such as regional safety security officers and employees 

within the Office of Inspector General. 

The managers continue to support expansion of the Peace 

Corps, however, the managers are concerned about recent attacks 

on volunteers, especially on female volunteers. The managers recommend that the Peace Corps continue consulting with the Committees on Appropriations to examine the current security issues to 

ensure that increasing the number of volunteers occurs simultaneously with better security and emergency procedures. 

MILLENNIUM CHALLENGE CORPORATION

The conference agreement includes $650,000,000 for the Millennium Challenge Corporation (MCC) instead of $800,000,000 as 

proposed by the House and 1,000,000,000 as proposed by the Senate. 

The managers strongly support this initiative and provide the 

maximum level of funding possible to the MCC within the constraints of the budget allocation, which is $1,653,729,000 below the 

President’s request. 

The managers believe that additional assistance is critical to 

support development on a global basis. Title VI, the Millennium 

Challenge Act of 2003 is included to provide such assistance in a 

manner that promotes economic growth and the elimination of extreme poverty and strengthens good governance, economic freedom, 

and investments in people. 

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The managers reserve the right to amend this language in the 

fiscal year 2005 Act. 

The managers appreciate the input and efforts of the House 

International Relations Committee and the Senate Foreign Relations Committee in drafting the authorizing language contained in 

this Act. 

The managers note that funding provided for the MCC in title 

II is subject to section 515, ‘‘Notification Requirements’’. The managers direct the Corporation to consult within 30 days on the modalities for implementing section 515 in a manner acceptable to the 

Committees on Appropriations. 

DEPARTMENT OF STATE

INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT

The conference agreement appropriates $241,700,000 for International Narcotics Control and Law Enforcement as proposed by 

the House, instead of $284,550,000 as proposed by the Senate. The 

managers note that the conference report does not include funding 

for Afghanistan since $50,000,000 was provided above the request 

in P.L. 108–106 for Afghanistan. 

The managers note that the following amounts were provided 

specifically for counternarcotics and law enforcement in Afghanistan: $243,000,000 in the 2004 emergency supplemental (includes 

$73,000,000 for the Department of Defense); $25,000,000 in the 

2003 emergency supplemental; and $80,000,000 in the 2002 emergency supplemental. Even given these significant levels of funding, 

the United Nations reports that Afghan farmers are replanting 

poppy at greater rates each year since the fall of the Taliban. The 

managers strongly support the United States participation in attacking the Afghan drug problem, which generates funds for terrorists and extremists not only in Afghanistan but also throughout the 

region. Concurrently, the managers are concerned that while 90 

percent of the heroin exported from Afghanistan is destined for Europe, the majority of funds to counter this crop are from the United 

States. Therefore, the managers direct the Department of State to 

provide a report to the Committees on Appropriations not later 

than 45 days after enactment of this Act that outlines the objectives of this program, including participation by the Department of 

Defense; a detailed analysis of the purposes for which fiscal year 

2004 appropriated funds are to be used and a detailed accounting 

of how fiscal year 2002 and 2003 appropriated funds have been 

used; and the levels of actual or estimated funding over the 2001–

2004 period by other donors listed by amount and by country. 

The conference agreement provides that $12,000,000 should be 

made available for anti-trafficking in persons programs. The Senate amendment provided $20,000,000 for this purpose, and the 

House did not address this matter. 

The conference agreement provides that $7,105,000 should be 

made available for the International Law Enforcement Academy in 

Roswell, New Mexico, of which $2,105,000 should be made available for the construction and completion of a new facility. The managers note this one-time language is intended to fully resolve this 

outstanding matter. The House did not address this matter. 

691

The conference report does not include Senate language that provides $5,000,000 to combat piracy of United States intellectual 

property. However, the managers support this initiative and expect 

the State Department to provide $2,500,000 for this purpose. The 

State Department, in close consultation with the United States 

Trade Representative, the Department of Commerce, and the Committees on Appropriations, should formulate a detailed strategy for 

the use of these funds before they are obligated. The managers also 

urge the State Department to utilize the expertise of other agencies 

of the federal government when implementing these programs. The conference agreement makes available $26,117,000 for ad- ministrative expenses instead of $24,180,000 as proposed by the 

House and $25,117,000 as proposed by the Senate. The managers 

have provided $1,000,000 in additional administrative expenses to 

allow and encourage the Department of State to provide office 

space to the Bureau of International Narcotics Control and Law 

Enforcement in the Harry S. Truman Building (Main State) to 

bring together all of the Bureau’s program offices. 

ANDEAN COUNTERDRUG INITIATIVE

The conference agreement appropriates $ 731,000,000 for the 

Andean Counterdrug Initiative as proposed by the House instead 

of $660,000,000 as proposed by the Senate. The managers emphasize that there are other funds for Andean nations in this Act. 

The conference agreement provides that not less than $257,000,000 shall be made available for alternative development 

and institution building activities by USAID, the Department of 

Justice, and the Department of State and that $229,500,000 shall 

be directly apportioned to USAID. The managers note that funds 

for the Bureau of Population, Refugee, and Migration are included 

in the $257,000,000 earmark and expect the entire amount requested be provided for programs to assist refugees and displaced 

persons. 

Again in fiscal year 2004, the managers have extended the 

availability of funds provided for assistance for Colombia to support 

a unified campaign against narcotics trafficking, against activities 

by organizations designated as terrorist organizations, and to take 

actions to protect health and human welfare. This provision is 

identical to that in the House bill and Senate amendment. The 

managers are supportive of the Colombian Government in its attempts to provide security for the Colombian people and have continued these expanded authorities in recognition that the narcotics 

industry is linked to the terrorist groups, including the paramilitary organizations, in Colombia. The managers expect counternarcotics, alternative development, and judicial reform to remain 

the principal focus of United States policy in Colombia. The managers reiterate that the expanded authority is not a signal from the 

managers for the United States to become more deeply involved in 

assisting the Colombian Armed Forces in fighting the terrorist 

groups, especially not at the expense of the counternarcotics programs, but to provide the means for more effective intelligence 

gathering and fusion, and to provide the flexibility to the Department of State when the distinction between counternarcotics and 

counterterrorism are not clear cut. 

692

The conference report does not include certain earmarks for organizations and programs that protect human rights in Colombia, 

as proposed by the Senate. However, the conference agreement provides that not less than $13,000,000 should be made available for 

such organizations and programs. The managers intend these 

funds to be allocated as follows: not less than $2,500,000 for protecting human rights defenders in Colombia; not less than 

$2,500,000 for the United Nations Office of the High Commissioner 

for Human Rights in Colombia; not less than $6,500,000 for the Colombian Attorney General’s Human Rights Unit; and not less than 

$1,500,000 for the human rights unit of the Colombian 

Procuraduria. 

The managers remain concerned about the annual cost to the 

United States of operating and maintaining the fleet of helicopters 

used by the Colombian military for counternarcotics and 

counterterrorism purposes. While these helicopters are a key tool 

in the fight against coca and poppy, the managers believe the Department of State should begin to turn over the maintenance costs 

to the Colombian government. In fiscal year 2004, over one-quarter 

of all assistance to Colombia is devoted to these costs, and the 

managers believe that other important programs in Colombia need 

to be prioritized through the allocation of United States assistance. 

Therefore, the managers expect to see the start of this transition 

reflected in the fiscal year 2005 budget request, and if it is not, the 

managers expect this matter to be addressed in the fiscal year 2005 

appropriations process. 

The conference agreement continues current caps on the number of United States military personnel and United States civilian 

contractors in Colombia, as well as the current prohibition on participation by such persons in combat operations in connection with 

assistance made available by this Act. 

The conference agreement again includes existing conditions 

on the aerial spraying of herbicide, similar to the Senate amendment, to ensure that any use of such chemicals is consistent with 

the Colombian Environmental Management Plan, with Environmental Protection Agency regulations, and to ensure that chemicals 

used in the aerial fumigation of coca do not pose unreasonable 

health or safety risks to humans or the environment. Additionally, 

not more than 20 percent of funds made available for the purchase 

of chemicals used in aerial spraying are available for obligation 

until the Secretary of State, in consultation with the Administrator 

of the Environmental Protection Agency, certifies to the Committees on Appropriations that a number of conditions and concerns 

regarding the safety of spraying are addressed. This is similar to 

current law and the Senate amendment. The House did not address this matter. 

The conference agreement does not include a Senate prohibition on aerial fumigation in Colombia’s national parks. The managers are concerned with reports that coca growers are moving into 

Colombia’s national parks and reserves, cutting trees and causing 

other environmental damage. The managers support efforts to address this problem, but agree that aerial fumigation in the parks 

and reserves should be used as a last resort. Other alternatives 

should be pursued, including manual eradication, training and 

693

equipping police to protect the parks, and relocating families that 

have moved into these areas. Accordingly, the conference agreement includes language that before aerial fumigation is conducted, 

the Secretary of State must determine that it is in accordance with 

Colombian law and that there are no practicable alternatives to reduce drug cultivation in these areas. The managers request to be 

consulted prior to any such determination. 

The conference agreement provides that not less than 

$2,500,000 should be made available for continued assistance for 

the Colombian National Park Service. This language is identical to 

the provision in the Senate amendment. The House did not address 

this matter. 

The managers endorse the House report language on the Naval 

Postgraduate School and United States contractors in Colombia. 

The conference agreement includes the House language prohibiting funds for the resumption of flights in support of a Peruvian 

air interdiction program until a system of enhanced safeguards are 

in place. The Senate did not address this matter. 

The conference agreement includes language similar to a Senate provision, which provides that assistance should be made available to the Bolivian military and police subject to a determination 

and report by the Secretary of State that the Bolivian military and 

police are respecting human rights and cooperating with investigations and prosecutions of alleged violations of human rights. The 

managers note that despite repeated assurances by successive Bolivian governments that human rights cases would be properly investigated and the individuals responsible appropriately punished, 

little has been done and impunity remains the norm for members 

of Bolivian security forces who commit violations. The managers 

urge the Secretary to give higher priority to these justice issues. 

The conference report includes changes to two reports for Plan 

Colombia from the fiscal year 2000 emergency supplemental. This 

issue is addressed in the general provisions. 

The conference agreement makes available $16,285,000 for administrative expenses of the Department of State as proposed by 

the Senate instead of $15,680,000 as proposed by the House. 

MIGRATION AND REFUGEE ASSISTANCE

The conference agreement makes available $21,000,000, for administrative expenses as proposed by the Senate instead of 

$18,500,000 as proposed by the House. The managers expect the 

additional administrative funds to be used for refugee admissions 

and emergency situations. 

The conference agreement also includes Senate language providing not less than $50,000,000 for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in 

Israel. The House addressed this matter in its report. 

The conference agreement does not include Senate language 

providing that funds be made available for international organizations for assistance for refugees from North Korea. The managers 

strongly support the provision of funds for such purposes, and expect the State Department to provide sufficient assistance to safeguard the human rights and dignity of North Korean refugees. 

694

The conference agreement does not include Senate language 

providing that funds should be made available for assistance for 

persons in Thailand from Burma. The managers remain deeply 

concerned with the plight of these individuals and are troubled by 

reports that Thai authorities are harassing Burmese in Thailand 

and hindering the provision of assistance to such needy persons. 

The managers address this issue in the general provisions of this 

Act. 

The conference agreement does not include Senate language 

that limits assistance to the central Government of Nepal until the 

Secretary of State certifies that the Nepalese authorities are cooperating with the United Nations High Commissioner for Refugees and other international organizations on issues concerning the 

protection of refugees from Tibet. The managers endorse language 

in Senate Report 108–106 on this issue, and expect the Government of Nepal to cease this deplorable behavior and to cooperate 

fully with international organizations to ensure the safety of Tibetan refugees. If the Government of Nepal continues to forcibly repatriate Tibetan refugees, the managers will consider an appropriate response. 

The managers note that recent GAO findings show the State 

Department has taken actions to implement Section 301(c) of the 

Foreign Assistance Act to improve monitoring of the United Nations Relief and Works Agency (UNRWA) by requiring that they 

take all possible measures to assure that U.S. funds do not benefit 

terrorists and those receiving military training from guerilla 

groups. However, UNRWA’s implementation of these procedures is 

constrained by many factors including safety of its staff and legitimate and necessary Israeli securtiy procedures. 

The managers urge UNRWA to implement the State Department’s recommendations to: 

Issue explicit guidelines to staff to report compromises of 

UNRWA staff or facilities; 

Sever connections with Gaza Youth Activity Centers because of 

ties to Palestinian radicals 

Make the Operations Support Officer program a permanent 

part of UNRWA’s monitoring program by including it in the regular budget, and 

Continue to make all efforts to meet Israeli authorities. 

The managers strongly urge the State Department to provide 

necessary funding to enable UNRWA to make the Operations Support Officer Program permanent. 

The managers direct the Secretary of State to submit a report 

to the Committees on Appropriations by no later than June 20, 

2004 describing steps taken to ensure the implementation of these 

recommendations.

Language included in the House bill regarding organizations 

adopting the Sexual Exploitation and Abuse Code of Conduct is addressed in section 594. The Senate addressed this matter in the 

general provisions. 

695

UNITED STATES EMERGENCY MIGRATION AND REFUGEE ASSISTANCE

FUND

The conference agreement appropriates $30,000,000 for the 

United States Emergency Migration and Refugee Assistance Fund 

(ERMA), instead of $15,831,000 as proposed by the House and 

$40,000,000 as proposed by the Senate. 

The conference agreement includes language from the Senate 

amendment that provides the funds notwithstanding section 2(c)(2) 

of the Migration and Refugee Assistance Act of 1962. Section 2(c)(2) 

would limit appropriated funds to this fund if, when added, would 

cause the balance of the fund to exceed $100,000,000. 

NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED

PROGRAMS

The conference agreement appropriates $353,500,000 for Nonproliferation, Anti-terrorism, Demining and Related Programs, instead of $385,200,000 as proposed by the Senate and $335,200,000 

as proposed by the House. 

Funds in this account are allocated in the following table and, 

as stipulated in bill language any change to these allocations is 

subject to the regular reprogramming procedures of the Committees on Appropriations:

NonProliferation, Anti-Terrorism, Demining and Related Programs 

[Budget authority in thousands of dollars] 

Conference Agreement 

Nonproliferation and Disarmament Fund ........................................... $30,000

Export Control and Border Security assistance .................................. 36,000 

Science Centers ...................................................................................... 50,500 

International Atomic Energy Agency—Voluntary Contribution ........ 53,000 

CTBT/International Monitoring System .............................................. 19,000 

Anti-terrorism Assistance ..................................................................... 97,000 

Terrorist Interdiction Program ............................................................. 5,000 

Humanitarian Demining ....................................................................... 50,000 

International Trust Fund for Demining .............................................. 10,000 

Small Arms/Light Weapons Destruction ............................................. 3,000

NADR Total ................................................................................. 353,500

The conference agreement contains language similar to that included in the Senate amendment that authorizes not to exceed 

$250,000 for the support of public-private partnerships for mine action by grant, cooperative agreement, or contract. The managers direct that the State Department provide a financial plan for the use 

of these funds to the Committees on Appropriations prior to the use 

of this authority. The House bill did not address this matter. 

The managers endorse the Senate report language regarding 

demining and the House and Senate report language regarding the 

Anti-terrorism Assistance program. With respect to Anti-terrorism 

Assistance, the managers note that an additional $10,400,000 was 

provided for this program in the Emergency Supplemental Appropriations Act for Defense and the Reconstruction of Iraq and Afghanistan (P.L. 108–106). The conferees strongly support the antiterrorism program and the conference level of $97,000,000 represents an increase of 48 percent above the level provided in fiscal 

year 2003. 

696

The managers recognize the central role of financing in the operation of terrorist organizations such as Al Qaeda and commend 

the Administration for initial actions taken in the wake of the terrorist attacks on September 11, 2001 to block the flow of money to 

these organizations. Given the wide range of formal and informal 

financial mechanisms to secure funding and to move it around the 

globe, the managers acknowledge the need for an increasingly 

forceful approach to this problem. 

The managers note the importance of an interagency effort by 

the Terrorist Financial Working Group to curb the funding to terrorist organizations such as Al Qaeda. The effort by the Departments of State, Treasury, and Justice, working with other agencies, 

is a key element in the fight against international terrorism. 

The managers direct the Department of State, in consultation 

with the Department of the Treasury, to provide a report on the 

spending of funds provided for counter-terrorist financing in fiscal 

years 2001, 2002, and 2003, and a list of planned spending in 2004. 

In addition, the report shall contain a list of countries the Administration considers to be the major source and/or transit points for 

terror financing, a list of the interagency priority countries with 

which federal agencies are currently working and the activities taking place in those countries, and a list of other countries the interagency working group has identified as needing such assistance in 

the future and the types of activities that will be required in those 

countries. The report shall be provided no later than 120 days after 

enactment of this Act and the list of countries may be classified if 

the Secretary of State determines that this is necessary. 

DEPARTMENT OF THE TREASURY

INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

The conference agreement provides $19,000,000 for the International Affairs Technical Assistance program of the Department of 

the Treasury as proposed by the House instead of $12,000,000 as 

proposed by the Senate. 

The managers support the efforts of the Department of the 

Treasury, International Affairs Technical Assistance, to assist nations in their efforts to reduce financial crimes and corruption by 

strengthening those governmental systems. The Department of the 

Treasury has been providing technical assistance for over a decade 

to nations facing economic disruption due to systemic weaknesses, 

post conflict crises, terrorist influences, or criminal practices. The 

managers urge the Department of the Treasury to continue its current technical assistance program and to strengthen its law enforcement program with additional resident and intermittent advisors. The managers further direct the Department of the Treasury 

to manage its technical assistance program in accordance with its 

own policies and to report to the Committees on Appropriations on 

the status of its efforts. 

The conference agreement provides an additional $5,000,000 

above the President’s request, and the managers direct the additional funds be used for terrorist financing activities and to expand 

programs providing economic advisors to assist countries in sub-Saharan Africa. 

697

The managers endorse the language of the House report with 

respect to the International Affairs Technical Assistance program. 

DEBT RESTRUCTURING

The conference agreement provides $95,000,000 for Debt Restructuring, the same level as proposed by the House bill instead 

of $195,000,000 in the Senate amendment. The managers expect 

the funds to be allocated as follows: $20,000,000 for the Tropical 

Forest Conservation Act Programs and $75,000,000 for the first of 

two contributions to the Heavily Indebted Poor Countries Trust 

Fund. 

Prior to obligating any funds for the HIPC Trust fund, the 

managers direct the Department of the Treasury to submit in writing to the Committees on Appropriations: a list of donors to the 

HIPC Trust Fund, each donor’s pledge and actual contribution, the 

date of contributions, detailed disbursement data of the Fund including the level of funds transferred to each financial institution 

and the date of transfer, the current and expected future balance 

of the HIPC Trust Fund, an explanation of the current HIPC Trust 

Fund shortfall of funds, and an estimate of future United States 

contributions to the HIPC Trust Fund beyond fiscal year 2005. 

The conference report does not include funds for bilateral debt 

relief for the Democratic Republic of Congo (DROC). Given the 

greater humanitarian and emergency needs in the DROC, the conference agreement has dedicated funding to the Development Assistance, Child Survival and Health Programs Fund, International 

Disaster Assistance, Office of Transition Initiatives, and the Economic Support Fund in the expectation that this assistance will address and benefit more immediately the most pressing needs in 

DROC and Africa. 

TITLE III—MILITARY ASSISTANCE 

INTERNATIONAL MILITARY EDUCATION AND TRAINING

The conference agreement provides $91,700,000 for the International Military Education and Training program as proposed by 

the Senate instead of $91,100,000 as proposed by the House. 

The conference agreement provides that funding for Algeria 

and Cambodia shall be subject to the regular notification procedures of the Committees on Appropriations. The House bill did not 

include these nations, but both the House bill and the Senate 

amendment provided that funding for Nigeria and Guatemala is 

subject to notification. 

As evidenced by the conference agreement, the managers continue to strongly support the International Military Education and 

Training (IMET) program. 

The managers endorse the Senate report language concerning 

performance evaluation procedures of the IMET program. The 

managers believe that more needs to be done to improve output 

measures for the IMET program. The managers believe that simply 

counting the number of trainees is not sufficient to measure the 

IMET program and its results. The managers expect not later than 

90 days after enactment of this Act, that the Secretary of State, 

after consultation with the Secretary of Defense, shall report to the

698

Committees on Appropriations on other factors that will be used to 

measure and evaluate the success of the IMET program. 

The managers endorse Senate report language on the Informational Program. In section 554, the managers have agreed to the 

provision in the House bill that requires the Secretaries of Defense 

and State to submit the annual foreign military training report required by section 656 of the Foreign Assistance Act to the Committees on Appropriations. This provision eliminates the requirement 

for separate reports to be prepared and transmitted to Congress. 

FOREIGN MILITARY FINANCING PROGRAM

(INCLUDING TRANSFER OF FUNDS)

The conference agreement appropriates $4,294,000,000 instead 

of $4,314,000,000 as proposed by the House and $4,384,000,000 as 

proposed by the Senate. 

The managers have included language providing 

$2,160,000,000 for Israel and $1,300,000,000 for Egypt as proposed 

in both the House and Senate bills. The conference agreement includes language similar to that proposed in the Senate bill which 

provides that $206,000,000 should be made available for assistance 

for Jordan. 

The managers note that in a previous continuing resolution, P.L. 108–84, the Congress authorized a $550,000,000 Foreign Military Financing loan to the Czech Republic for the acquisition, logistics and training support of U.S. F–16 aircraft. The Administration 

request stated that this action would have no budgetary impact, 

but the Congressional Budget Office did not concur and estimated 

the subsidy cost of this assistance under section 502 of the Budget 

Act to be $20,000,000. As this cost must be accommodated within 

the budget allocation for this bill, the managers have made the necessary reductions to absorb this credit subsidy within the amounts 

provided under this heading. 

The conference agreement includes $50,000,000 for FMF assistance for Afghanistan. The conference agreement includes 

$20,000,000 for the Philippines as proposed by the Senate. The conference agreement includes $2,000,000 in FMF assistance for 

counter-terrorism efforts by Uganda as proposed by the House. 

The managers have not included the earmark of $27,000,000 

for assistance to Poland as proposed by the Senate. The managers 

strongly support expansion of United States foreign military assistance to Poland, and increased assistance for all nations that are 

contributing coalition forces in Iraq. The managers expect the Administration to propose increased FMF support for nations such as 

Poland, Bulgaria, Latvia and Lithuania in the fiscal year 2005 

budget request. 

The managers note that in its efforts to obtain Article 98 

agreements, the State Department inadvertently allowed the signature of the Former Yugoslav Republic of Macedonia as simply 

‘‘Macedonia.’’ In the future the Department should adhere to current policy using the formal name for this Balkan nation. 

The managers have included language similar to that in the Senate bill allowing transfer of $17,000,000 to the ‘‘Andean 

Counterdrug Initiative’’ account for aircraft and related assistance 

699

for the Colombian National Police. The managers have included 

language proposed by the Senate that prohibits the use of funds for 

activities relating to the clearance of unexploded ordnance from 

United States Armed Forces testing or training exercises, except on 

San Jose Island, Republic of Panama, where such activities already 

are underway. 

PEACEKEEPING OPERATIONS

The conference agreement appropriates $74,900,000 for ‘‘Peacekeeping Operations’’ (PKO) instead of $84,900,000 as proposed by 

the Senate and $85,000,000 as proposed by the House. 

The managers have fully funded every program in this account, except for a request for additional financial support for the 

Afghan National Army. While recognizing the importance of this 

initiative, the managers believe that this request can be fulfilled by 

using PKO funds provided in prior Emergency Supplemental Appropriations Acts for Iraq and Afghanistan (P.L. 108–106 and P.L. 

108–11).

TITLE IV—MULTILATERAL ECONOMIC ASSISTANCE 

INTERNATIONAL FINANCIAL INSTITUTIONS

GLOBAL ENVIRONMENT FACILITY

The conference agreement appropriates $139,240,000 for the 

Global Environment Facility (GEF) instead of $107,500,000 as proposed by the House and $170,997,000 as proposed by the Senate. 

The managers intend that $107,500,000 of this amount is for the 

scheduled United States contribution to the third replenishment of 

the GEF, and $31,740,000 for past payments due. 

CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION

The conference agreement appropriates $913,200,000 for the 

International Development Association (IDA), the concessional 

lending facility of the World Bank, instead of $850,000,000 as proposed by the House and $976,825,000 as proposed by the Senate. 

The managers intend that the appropriation be made available to 

fully provide for the first scheduled payment under the United 

States commitment to the thirteenth replenishment of IDA and to 

provide $63,200,000 of the $100,000,000 incentive contribution. 

The Secretary of the Treasury certified on April 12, 2003 that 

the World Bank had met the conditions, specifically the setting up 

of performance benchmarks for World Bank programs, which would 

have allowed for an additional contribution of $100,000,000. However, the Committees on Appropriations were not consulted regarding this commitment of an additional $100,000,000 in appropriated 

funds. Therefore, the managers have included language that would 

require an independent audit to determine if the World Bank is 

meeting its performance targets in the spring of 2004 before the 

Secretary of the Treasury can further commit appropriated funds 

to the IDA–13 agreement. If an independent audit is not conducted, 

the managers do not plan to include any incentive contribution in 

fiscal year 2005. 

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CONTRIBUTION TO THE MULTILATERAL INVESTMENT GUARANTEE

AGENCY

The conference agreement appropriates $1,124,000 for paid-in 

capital for the Multilateral Investment Guarantee Agency (MIGA), 

the amount provided in the Senate amendment, instead of 

$4,001,672 as proposed by the House bill. The managers intend for 

the appropriation to be provided for past payments due by the 

United States to MIGA. Approval for a subscription to the appropriate amount of callable capital is also included in the conference 

agreement. 

CONTRIBUTION TO THE INTER-AMERICAN INVESTMENT CORPORATION

The conference agreement includes no appropriation for past 

payments due to the Inter-American Investment Corporation, as 

proposed by the House. The Senate proposed funding at a level of 

$898,000. 

The managers endorse House report language regarding the 

Inter-American Development Bank. 

CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

MULTILATERAL INVESTMENT FUND

The conference agreement appropriates $25,000,000 for past 

due payments by the United States to the Multilateral Investment 

Fund as proposed by the House, instead of $30,614,000 as proposed 

by the Senate. 

CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

The conference agreement provides $144,421,000 for the 

United States contribution to the Asian Development Fund, instead 

of $151,921,405 as proposed by the House and $136,921,000 as proposed by the Senate. The managers intend that the appropriation 

be made available to fully provide for the $103,000,000 scheduled 

payment under the United States commitment to the seventh replenishment of the Asian Development Fund and $41,421,000 for 

past payments due. 

The managers endorse House report language regarding the 

Asian Development Bank. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

The conference agreement appropriates $5,104,930 for the African Development Bank as proposed by the House instead of 

$5,105,000 as proposed by the Senate. 

CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

The conference agreement appropriates $112,725,000 for the 

African Development Fund instead of $107,370,856 as proposed by 

the House and $118,081,000 as proposed by the Senate. 

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CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND

DEVELOPMENT

The conference agreement provides $35,431,111 for the European Bank for Reconstruction and Development as proposed by the 

House instead of $35,431,100 as proposed by the Senate.

INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT

The conference agreement includes $15,004,042 for a United 

States contribution to the International Fund for Agricultural Development (IFAD), as provided by the House. The Senate amendment provided $15,004,000. While IFAD is the seventh largest multilateral contributor to the enhanced Heavily Indebted Poor Countries initiative (HIPC), it, however, still does not have access to the 

core resources of the companion HIPC Trust Fund. Currently, 

IFAD has to absorb 87 percent of the cost for participating in 

HIPC, while other multilateral development banks with full access 

absorb much smaller percentages. The managers urge the Administration to work with other donors so IFAD will gain access to the 

core resources of the HIPC Trust Fund. 

INTERNATIONAL ORGANIZATIONS AND PROGRAMS

The conference agreement provides $321,650,000 for voluntary 

contributions to International Organizations and Programs instead 

of $194,550,000 as proposed by the House and $322,550,000 as proposed by the Senate. The conference agreement provides 

$120,000,000 for a contribution to UNICEF under this heading, as 

proposed by the Senate. The House provided these funds under the 

heading ‘‘Child Survival and Health Activities’’. 

The managers continue to support the work of the World Food Program (WFP) and have provided $6,000,000 for a voluntary contribution under section 534 of this Act similar to the Senate 

amendment. The House included a $6,000,000 contribution to the 

WFP under this heading. 

The managers have included $750,000 for a voluntary contribution for the United Nations Human Settlements Program 

(UNHABITAT), which works to improve the lives of slum dwellers 

around the world. The managers note that in prior fiscal years the 

Administration has supported the work of UNHABITAT and reprogrammed funds to this organization. The managers recognize the 

Administration’s efforts on this issue and urge that funds are requested for UNHABITAT in fiscal year 2005. 

The managers are concerned that in fiscal year 2003, the Department of State disproportionately applied the 0.65 percent 

across-the-board cut mandated by P.L. 108–7 instead of reducing 

every program in this account by the same amount. As a result, 

certain organizations and programs under this heading bore the 

brunt of the rescission while others were not reduced. The conference agreement does not contain Senate earmarks under this 

heading, but the managers intend that the State Department will 

allocate funds according to the chart below. Should any across the 

board rescission be mandated that impacts this Act, such rescission 

is to be applied equitably for each organization and program indicated in the chart. 

702

The managers have provided $2,500,000 for the United Nations High Commissioner for Human Rights, to support its activities including human rights training for peacekeepers, activities to 

address trafficking in persons, monitoring and field activities. 

Funds in this account are allocated in the following table and, 

as stipulated in bill language any change to these allocations is 

subject to the regular reprogramming procedures of the Committees on Appropriations:

[$ in thousands] 

UN High Commissioner, Human Rights ............................................. $2,500

UN Fund for Tech. Cooperation in Human Rights ............................. 1,500 

UN Voluntary Fund for Victims of Torture ......................................... 5,500 

OAS Fund for Strengthening Democracy ............................................ 3,000 

UNDP ..................................................................................................... 102,000 

UNIFEM ................................................................................................. 1,000 

UNICEF .................................................................................................. 120,000 

OAS Development Assistance ............................................................... 5,500 

OAS Special Mission in Haiti ............................................................... 5,000 

WTO ........................................................................................................ 1,000 

ICAO Aviation Programs ...................................................................... 1,000 

UNEP ...................................................................................................... 11,000 

World Food Program ............................................................................. *0

Montreal Protocol .................................................................................. 21,000 

International Conservation Programs (CITES/ITTO/IUCN/Ramsar/

CCD) .................................................................................................... 6,400 

IPCC/UNFCCC ...................................................................................... 5,600 

International Contributions for Scientific Educational & Cultural 

Activities ............................................................................................. 1,900 

World Meteorological Organization ...................................................... 2,000 

UN Center for Human Settlements ..................................................... 750 

Reserve to be allocated .......................................................................... 25,000 

Total ............................................................................................. 321,650

*$6,000,000 provided under section 534.

TITLE V—GENERAL PROVISIONS 

(NOTE: If House and Senate language is identical except for 

a different section number or minor technical differences, the section is not discussed in the Statement of Managers.) 

Sec. 502. Private and Voluntary Organizations 

The conference agreement includes language identical to that 

included in the House bill that requires receiving development assistance to obtain more than 20 percent of its total annual funding 

from other sources. The section does not include Senate language 

requiring that funds must be made available to PVOs in title II at 

the level they were provided in fiscal year 1995. 

Sec. 506. Prohibition on Taxation of United States Assistance 

The conference agreement contains a provision prohibiting taxation of United States assistance that is a modification of a similar 

provision contained in section 579 of the fiscal year 2003 foreign 

operations appropriations Act. The managers intend that section 

579 be applied in accordance with the changes made to that section 

by this Act. In addition, in order not to create an undue reporting 

burden on contractors, grantees and other entities implementing 

that section, and in recognition that the reimbursement process is 

often not completed by the time it is necessary to determine what 

703

amounts are to be withheld, the managers agree that in determining amounts to be withheld agencies may use estimates and 

statistical sampling to determine the amount of assessed taxes and 

the amount of reimbursements that will be paid over a reasonable 

period of time. The Senate did not address this matter. 

Sec. 507. Prohibition Against Direct Funding for Certain Countries 

The conference agreement includes language similar to that included in the House bill regarding prohibiting assistance to certain 

countries, but does not include Senate language adding Sudan to 

the list of countries. 

The conference agreement includes language clarifying terminology in P.L. 106–570 regarding Sudan as proposed by the Senate, 

but it is included in section 534, ‘‘Special Authorities’’. The House 

did not address this matter. 

Sec. 509. Transfers 

The conference report includes House language on this matter. 

The new provisions of this section would prohibit transfers to any 

department, agency, or instrumentality of the United States unless 

specifically authorized in this Act, except for certain transfers authorized by provisions of the Foreign Assistance Act. The Senate 

did not address this matter. 

Sec. 515. Notification Requirements 

The conference agreement reflects a technical change to include ‘‘Global HIV/AIDS Initiative’’ and ‘‘Millennium Challenge 

Corporation’’ to the list of accounts that are subject to notification 

pursuant to this section. The House bill had similar language, and 

the Senate did not address these matters. 

Sec. 517. Independent States of the Former Soviet Union 

The conference agreement includes language similar to that 

proposed in the House bill regarding Enterprise Funds. The provision does not include Senate language regarding the ability to deposit funds in an interest bearing account and the spending of such 

interest. This language is in permanent law and does not need to 

be included. 

Sec. 520. Special Notification Requirements 

The conference agreement adds ‘‘Cambodia’’ to the list of countries subject to special notification procedures of this section as proposed by the Senate but deletes ‘‘Colombia’’ as proposed by the 

House. This section does not delete ‘‘Serbia’’ and ‘‘Pakistan’’ as recommended by the House. 

Sec. 522. Child Survival and Health Activities 

The conference agreement authorizes USAID to use up to 

$13,500,000 from the ‘‘Child Survival and Health Programs Fund’’ 

and $3,500,000 from ‘‘Development Assistance’’ for technical experts from other government agencies, universities, and other institutions. 

The conference agreement includes language notwithstanding 

any other provision of law, except for those provisions under ‘‘Child 

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Survival and Health Programs’’ and P.L. 108–25 (the ‘‘United 

States Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

Act of 2003’’), for funds appropriated by titles II and III of this Act 

for bilateral child survival or disease programs. 

The conference agreement also deletes authority allowing 

funds from titles II and III (in the House bill) or title III (in the 

Senate bill) to be used for activities authorized under section 301 

of the Foreign Assistance Act. This authority is no longer needed, 

since funding for UNICEF has been moved to the International Organizations and Programs section. 

The conference agreement provides that not less than $432,000,000 shall be made available for reproductive health/family 

planning activities from funds appropriated by this Act. 

Sec. 523. Afghanistan 

The conference agreement provides that not less than $405,000,000 of the funds appropriated by titles II and III shall be 

made available for humanitarian and reconstruction assistance for 

Afghanistan. The House and Senate proposed a level of not less 

than $600,000,000. With the enactment of the fiscal year 2004 

emergency supplemental (P.L. 108–106), an additional 

$1,200,000,000 has been provided for Afghanistan in fiscal year 

2004. 

The managers intend that funds provided under this section be 

allocated as follows:

[$ in thousands] 

Child Survival and Health Programs Fund ........................................ $21,000 

Development Assistance ........................................................................ 150,000 

International Disaster Assistance ........................................................ 35,000

Economic Support Fund ........................................................................ 75,000

Migration and Refugee Assistance ....................................................... 72,000

Foreign Military Financing ................................................................... 50,000

Other ....................................................................................................... 2,000 

Total ............................................................................................. 405,000

The managers intend that not less than $2,000,000 be provided 

for a reforestation program in Afghanistan, not less than 

$2,000,000 for the Afghan Judicial Reform Commission, not less 

than $5,000,000 for the Afghan women’s programs, and not less 

than $2,000,000 for assistance for Afghans that suffer losses from 

military operations. 

The managers urge the Department of State and USAID in Afghanistan to work together to ensure that United States and international officials, contractors, and grantees are more adequately 

protected from insurgent attacks as they manage and implement 

reconstruction projects. In particular, the Embassy is requested to 

use the authorities and funds made available for Afghanistan in 

this Act and in P.L. 108–106 to equitably allocate diplomatic security and contract security so that USAID and other assistance managers can more safely oversee and assess programs outside of 

Kabul. 

The managers welcome the new mandate to expand the presence of the International Security Assistance Force (ISAF) outside 

Kabul. However, without additional resources and military personnel, ISAF expansion may not effectively contribute to creating 

705

a security environment for political development and reconstruction 

in Afghanistan, particularly in the south and southeast. The managers urge the Administration to provide resources to support ISAF 

expansion and to seek additional NATO partners in this effort. 

The managers also urge the Administration to work with 

NATO partners to reconcile ISAF expansion with any plans to create additional Provincial Reconstruction Teams (PRTs). The managers support the PRTs and believe their primary focus should continue to be enhancing security throughout Afghanistan. 

The managers note that women in Afghanistan continue to 

struggle to achieve the most basic rights despite the efforts of the 

new government. The managers urge that women be carefully integrated into activities related to development and reconstruction, 

and also believe that there should be a specific focus on strengthening women-led institutions and organizations. Therefore the managers provide $5,000,000 for programs 

aimed at addressing the needs of Afghan women through training 

and equipment to improve the capacity of women-led Afghan nongovernmental organizations, and to support the activities of such 

organizations. The managers urge USAID to establish a contracting mechanism for the disbursal and monitoring of small 

grants to women-led nongovernmental organizations to accomplish 

this goal. 

Sec. 525. USAID Overseas Program 

The conference agreement includes language proposed by the 

House that provides funds in this and subsequent appropriations 

Acts to carry out Part I of the Foreign Assistance Act may be used 

to employ individuals overseas on a limited appointment basis, and 

limits the number of employees hired under this provision to not 

more than 85. The Senate did not address this matter. 

Sec. 526. Democracy Programs 

The conference agreement includes $13,500,000 for democracy, 

human rights and rule of law programs in the People’s Republic of 

China and Hong Kong, instead of $35,000,000 as proposed by the 

Senate, and provides that funds appropriated under the heading 

‘‘Economic Support Fund’’ should be made available for assistance 

for Taiwan for the purposes of furthering political and legal reforms, subject to a matching requirement. 

The conference agreement includes $11,500,000 for programs 

and activities to foster democracy, human rights, civic education, 

women’s development, press freedom, and the rule of law in countries with a significant Muslim population, and where such programs and activities would be important to United States efforts to 

respond to, deter, or prevent acts of international terrorism. The 

Senate proposed $25,000,000 for these activities; the House did not 

address this matter. The conference agreement provides $3,000,000 

of such funds shall be made available for programs and activities 

that provide professional training for journalists. The conference 

agreement includes language similar to a Senate proposal, which 

provides that ‘‘Economic Support Fund’’ assistance shall be made 

available to support civil society organizations working for democracy in Egypt. The managers intend that not less than $1,000,000 

706

be made available for such organizations, including the Ibn 

Khaldun Center for Development, and that these funds are to be 

in addition to other amounts made available for Egypt in the Act. 

The managers provide that not to exceed $1,500,000 of such 

funds may be used for making grants to educational, humanitarian 

and nongovernmental organizations and individuals inside Iran to 

support the advancement of democracy and human rights in Iran. 

The managers expect the Bureau for Democracy and Human 

Rights to provide $1,000,000 for such activities, the National Endowment for Democracy to provide $500,000, and to consult with 

the Committees on Appropriations prior to obligating any funds for 

these programs. 

The conference agreement provides not less than $3,000,000 

shall be made available for programs and activities of the National 

Endowment for Democracy to foster democracy, human rights, civic 

education, women’s development, press freedom, and the rule of 

law in countries in sub-Saharan Africa. 

The conference agreement provides a total of $17,500,000 for 

activities of the Bureau of Democracy, Human Rights and Labor, 

Department of State under this section, and not less than 

$34,500,000 from funds made available by this Act. The agreement 

provides a total of $9,500,000 for activities of the National Endowment for Democracy under this section. 

The managers expect that funds made available under this section will be made available to the Alliance for Reform and Democracy in Asia. 

The managers endorse language in Senate Report 108–106 regarding democracy programs, and direct USAID to consult with the 

Committees prior to making any changes in the framework or operation of its Consortium for Elections Political Process Strengthening (CEPPS) funding mechanism. The managers endorse the reporting requirement contained in the Senate report on anticipated 

contributions to the CEPPS funding mechanism from all accounts. 

Sec. 528. Debt for Development 

The conference agreement includes House language on this 

matter. The Senate amendment would have authorized the use of 

appropriated funds for endowments. The managers are concerned 

about the desire of the Administration to create endowments without the consent of the Committees on Appropriations, therefore the 

managers expect that any endowments proposed by the Administration in fiscal year 2005 will be proposed in the President’s budget request for fiscal year 2005. 

The conference agreement does not include Senate language 

expanding the authorities of the provision to allow non-governmental organizations to deposit any funds made available in this 

Act or in prior Acts into interest bearing accounts. The House did 

not address this matter. 

Sec. 531. Burma 

The conference agreement includes a modified version of the 

Senate’s provision on the use of the Economic Support Fund in 

Burma and along the Burma-Thailand border, and, in addition, a 

707

House provision, similar to language in prior year Acts, regarding 

independent media activities promoting democracy inside Burma. 

The managers continue to strongly support the struggle for 

freedom in Burma, and call for the immediate and unconditional 

release of Burmese democracy leader Daw Aung San Suu Kyi and 

all other prisoners of conscience. The managers expect the State 

Department to use every opportunity to press regional neighbors 

and the community of democracies to support political reconciliation in Burma that includes the full consultation and participation 

of the National League for Democracy and ethnic nationalities. 

The managers are concerned with reports of growing military 

ties between Burma and North Korea, and the purchase of weapons from North Korea through shipments of heroin. The managers 

request that, not later than 90 days after enactment of this Act, 

the Secretary of State report to the Committees on the nature and 

extent of military ties between these two rogue nations. The conference agreement provides $13,000,000 to support democracy programs in Burma, along the Burma-Thailand border, for 

activities of Burmese student groups and other organizations located outside Burma, and for the purpose of supporting the provision of humanitarian assistance to displaced Burmese along Burma’s borders. The agreement provides that $5,000,000 shall be allocated to the United States Agency for International Development 

for humanitarian assistance for displaced Burmese and host communities in Thailand, and that $500,000 should be made available 

to support newspapers, publications, and other media activities 

promoting democracy inside Burma. The managers request to be 

consulted prior to the provision of any assistance to Irrawaddy 

Publishing Group. The managers again expect that $1,000,000 will be provided to 

support efforts to combat HIV/AIDS inside of Burma, and that not 

less than $1,000,000 will be provided to support efforts to limit malaria and infectious diseases among Burmese along the BurmaThailand border. These funds are to be made available under the 

heading Child Survival and Health Programs Fund in this Act, and 

are in addition to the amounts provided under this section. 

The conference agreement includes a reporting requirement by 

the Secretary of State, in consultation with the Administrator of 

USAID, describing the estimated amount and rate of disbursement 

of fiscal year 2002 and 2003 funding for HIV/AIDS programs and 

activities in Burma, the amount of funds expended by the State 

Peace and Development Council (SPDC) on HIV/AIDS programs 

and activities in calendar years 2001, 2002, and 2003, and the extent to which international nongovernmental organizations are able 

to conduct HIV/AIDS programs throughout Burma, including the 

ability of expatriate staff to freely travel through the country and 

to conduct programmatic oversight independent of SPDC handling 

and monitoring. 

Sec. 534. Special Authorities 

The conference agreement includes House language providing 

certain authority for assistance for Lebanon and Montenegro and 

Pakistan, assistance to victims of war, displaced Burmese, and assistance to combat trafficking. 

708

The managers have continued current authority for certain bureaus and offices in USAID to hire personal service contractors, expanded existing authority for USAID to provide support for administrative costs of a program to provide information regarding available donated space on commercial ships to organizations shipping 

humanitarian assistance, and provides for expanded authorities 

under section 660(b)(6) of the Foreign Assistance Act of 1961. 

The conference agreement includes Senate language giving authority notwithstanding any other provision of law for the National 

Endowment for Democracy as proposed by the House and Senate. 

The conference report also includes language that provides 

$6,000,000 for the World Food Program from USAID’s Bureau for 

Democracy, Conflict, and Humanitarian Assistance as proposed by 

the Senate. The House provided these funds under the heading 

‘‘International Organizations and Programs’’. 

Sec. 539. Ceilings and Earmarks 

The conference agreement includes House language that allows 

for funds provided in this Act to be made available notwithstanding 

earmarks in any other Act, similar to language proposed in the 

Senate. 

Sec. 544. Withholding of Assistance for Parking Fines Owed by Foreign Countries 

The conference agreement allows 110 percent of the total 

amount of unpaid parking fines determined to be owed by foreign 

countries to the District of Columbia and New York City, New 

York, to be withheld from obligation for assistance to such country, 

as proposed by the Senate. The language is similar to that proposed by the House. 

The managers are concerned that nations receiving foreign assistance under this Act owe at least $16,600,000 to the City of New 

York in unpaid parking tickets and penalties. Noting the longstanding efforts of the City to work with the State Department to 

collect these outstanding balances, the managers have included 

language to enhance the penalties associated with this provision. 

This is similar to Senate language. 

The managers urge the State Department to work cooperatively with the City of New York and the District of Columbia to 

find a workable solution to collect the unpaid balances from 1997 

to 2002 that satisfies all sides and resolves the situation once and 

for all. 

Sec. 546. War Crimes Tribunals Drawdown 

The conference agreement includes House and Senate language 

authorizing up to $30,000,000 in drawdowns of commodities or 

services for war crimes tribunals. The conference agreement includes Senate language adding the Special Court for Sierra Leone 

to the list of tribunals exempted from notification. The House did 

not address this matter. 

709

Sec. 550. Restrictions on Voluntary Contributions to United Nations 

Agencies 

The conference agreement includes language in the House bill 

prohibiting voluntary contributions to the United Nations if the 

United Nations implements or imposes any taxation on people in 

the United States. The Senate did not address this matter. 

Sec. 552. Limitation on Assistance to the Palestinian Authority 

The conference report includes language similar to the House 

bill that prohibits funding to the Palestinian Authority to carry our 

chapter 4 of part II of the Foreign Assistance Act and includes a 

waiver if the President certifies in writing to the Speaker of the 

House and the President Pro Tempore of the Senate that waiving 

such a provision is important to the national security interests of 

the United States. The conference report includes Senate language 

requiring a report on, among other issues, a description of how the 

funds will be spent and the accounting provisions used to monitor 

their expenditure, should the waiver be exercised. The House did 

not address this matter. 

Sec. 554. Foreign Military Training Report 

The conference agreement includes House language requiring 

the Secretaries of Defense and State to submit the annual foreign 

military training report required by section 656 of the Foreign Assistance Act to the Committees on Appropriations by the date specified in that section. The Senate amendment would have continued 

the requirement of a similar but separate report to the Committees 

on Appropriations. 

Sec. 555. Environment Programs 

The conference report includes language similar to a Senate 

provision for programs that protect biodiversity and energy conservation, energy efficiency and clean energy programs, in developing countries. This matter is addressed under the heading ‘‘Development Assistance’’. 

Sec. 556. Regional Programs for East Asia and the Pacific 

The conference agreement includes language similar to that 

proposed by the Senate requiring that funds appropriated under 

the heading ‘‘Economic Support Fund’’ that are requested for ‘‘Regional Democracy’’ assistance for the State Department’s Bureau of 

East Asia and the Pacific shall be made available for the Human 

Rights and Democracy Fund of the State Department’s Bureau of 

Democracy, Human Rights, and Labor. 

Sec. 557. Zimbabwe 

The conference agreement is the same as current law and is 

identical to the Senate amendment. The House did not address this 

matter. 

Sec. 558. Tibet 

The conference agreement includes language similar to a Senate provision regarding Tibet, but the matter is addressed under 

the heading ‘‘Economic Support Fund’’. 

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Sec. 559. Authorization Requirement 

The conference agreement includes language that provides that 

funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 and section 15 of the 

State Department Basic Authorities Act of 1956, similar to language provided in the Senate amendment. 

Sec. 560. Nigeria 

The conference agreement includes a provision identical to current law and the Senate amendment that restricts the use of IMET 

and FMF for Nigeria until a Presidential certification regarding actions taken against whom there is credible evidence of gross violations of human rights in Benue State in October 2001, and the 

Government of Nigeria and the Nigerian Armed Forces are taking 

effective measures to bring such individuals to justice. The conference agreement includes a Presidential waiver. The House did 

not address this matter. 

Sec. 561. Cambodia 

The conference agreement includes language similar to the 

Senate provision continuing restrictions on assistance to the central Government of Cambodia, with a few exceptions, and provides 

up to $4,000,000 for assistance for democracy programs in that 

country. The managers endorse the budget request for Cambodia, 

but recommend $17,000,000, instead of $15,000,000, in assistance 

under the heading ‘‘Economic Support Fund’’. 

The managers permit IMET assistance to Cambodia should the 

Secretary of State provide a list of those individuals credibly alleged to be responsible for gross human rights violations in Cambodia, including, among other tragic events, the 1997 grenade attack against the Khmer Nation Party that killed and injured scores 

of Cambodians and American democracy worker Ron Abney. The 

managers expect a broad range of official and nongovernmental organizations to be consulted in creating this list. The managers also 

request the Federal Bureau of Investigation to renew efforts to investigate this act of terrorism. 

The conference agreement prohibits the use of funds in this 

Act to support any Khmer Rouge tribunal established by the Government of Cambodia. The managers strongly support justice for 

genocide and crimes against humanity committed by the Pol Pot 

regime, but remain concerned that the proposed tribunal—in its 

current formation—is open to manipulation and interference by the 

Cambodian People’s Party and falls short of meeting international 

standards of justice. The managers expect sufficient funding to be 

provided to the Documentation Center of Cambodia. 

The managers remain concerned with the political situation in 

Cambodia, and commend the Alliance of Democrats for their commitment to democracy and the rule of law. The managers recommend that the State Department continue to publicly support 

the legal rights of the Alliance to negotiate a new Cambodian government and to press the Government of Cambodia for justice for 

crimes and human rights abuses committed with impunity, including the murder of former parliamentarian Om Radsady earlier this 

year. 

711

The managers recommend sufficient funding be provided to 

Global Witness, the only effective watchdog organization on Cambodia deforestation issues. 

Section 562. Palestinian Statehood 

The conference agreement includes language similar to that 

proposed by the House that prohibits funding to support a Palestinian state unless the Secretary of State makes certain determinations. The Senate had similar language. 

Section 563. Colombia 

The conference agreement includes a modified version of the 

Senate language on conditioning funds for Colombian Armed 

Forces through a two-time human rights certification process. Additionally, these funds are made available only upon notification to 

the Committees on Appropriations, and the conference report includes language requiring the Department of State to consult with 

the human rights non-governmental organizations every 90 days 

instead of prior to the certification. The House addressed this matter but only required a one-time certification. 

Sec. 567. Contributions to United Nations Population Fund 

The conference report provides $34,000,000 for the United Nations Population Fund (UNFPA), which is subject to the ‘‘KempKasten’’ provision. Of this amount, $25,000,000 is to be made available from the ‘‘International Organizations and Programs’’ account 

and the balance from the ‘‘Child Survival and Health Programs 

Fund’’. The managers are aware that UNFPA has stated its opposition to the Chinese Government’s one child policy and its social 

compensation fee. The managers condemn all forms of coercion in 

China’s family planning policy and practice. The managers request 

the Department of State to report to the Committees not later than 

July 15, 2004, on the steps it and UNFPA have taken to urge the 

Government of China to end its birth limitation policy, including 

the social compensation fee, and the results of those efforts, nationally, and particularly in the counties in which UNFPA operates.

Sec. 568. Central Asia 

The conference agreement includes language similar to that included in the Senate amendment that conditions the assistance to 

the Governments of Uzbekistan and Kazakhstan. The House did 

not address this matter. 

Sec. 569. Discrimination Against Minority Religious Faiths in the 

Russian Federation 

The conference agreement includes language similar to that in 

the Senate bill and the fiscal year 2002 Act that withholds funds 

for the Government of the Russian Federation until the President 

certifies that the Russian Central Government is not acting to discriminate against minority religious faiths. The House did not address this matter. 

712

Sec. 572. Funding for Serbia 

The conference agreement contains language similar to that 

proposed by the Senate, except that the provisions of this section 

affect assistance for Serbia after March 31, 2004. In addition, language is included that specifies Radko Mladic as an indictee whose 

surrender and transfer, if practicable, would signify cooperation 

with the International Criminal Tribunal for the former Yugoslavia. The House bill included current law only. 

Sec. 573. Community-Based Police Assistance 

The conference agreement includes language similar to the 

House language authorizing use of certain USAID-administered 

funds in title II of this Act for support for civilian police in Jamaica 

and El Salvador, notwithstanding section 660 of the Foreign Assistance Act, and any funds for this purpose are subject to notification. 

The Senate bill included a general, world-wide waiver of this authority. 

Sec. 576. Disaster Surge Capacity 

The conference report includes language proposed by the 

House that allows funds in this Act to carry out part I of the FAA 

to be used to pay for detailees to or employees of USAID who carry 

out programs to address disasters, or programs under the heading 

‘‘Transition Initiatives’’. 

Sec. 577. IFAD Authorization 

The conference report includes language proposed by the 

House that authorizes $45,000,000 without fiscal year limitation 

for payment by Treasury for the International Fund for Agricultural Development. The Senate did not address this matter. 

Sec. 578. Philippine Education and Health Infrastructure 

The conference agreement includes language as proposed by 

the House bill that requires that $600,000 of funds under the heading ‘‘Economic Support Fund’’ provided in P.L. 108–11 shall be 

available only for upgrading education and health infrastructure in 

the Sulu Archipelago. 

Sec. 579. Basic Education 

The conference agreement includes language similar to that 

proposed by the House that provides not less than $326,500,000 for 

basic education from title II and requires the Secretary of State 

shall submit a report not less than 120 days after enactment of this 

Act laying out the strategy for the use of basic education funds. 

The Senate did not address this matter. 

Sec. 580. Participation in the Thirteenth Replenishment of the Resources of the International Development Association 

The conference report includes language identical to that proposed by the House that would authorize a further United States 

contribution to IDA, including making the contribution subject to 

prior appropriations. The Senate did not address this matter. 

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Sec. 581. Administrative Provisions Related to the Multilateral Development Institutions 

The conference report includes language similar to section 578 

of the House bill and section 679 of the Senate amendment, regarding transparency and accountability at the multilateral development institutions. The managers are concerned that these institutions are not moving fast enough to strengthen oversight of internal controls and procedures, protect whistle blowers from retaliation, and broaden public access to information about lending proposals, strategies and policies. The conference agreement provides 

that the Secretary of the Treasury should instruct the U.S. Executive Director at each of these institutions to inform the institution 

of a number of important policy goals, and to use the voice and vote 

of the United States to achieve these goals before June 30, 2005. 

The Secretary is to report on progress not later than September 1, 

2004, and six months thereafter.

Sec. 582. Participation in the Seventh Replenishment of the Resources of the Asian Development Fund 

The conference report includes language identical to that proposed by the House that would authorize a further United States 

contribution to the Asian Development Fund, including making the 

contribution subject to prior appropriations. The Senate did not address this matter. 

Sec. 583. Participation in the Ninth Replenishment of the Resources 

of the African Development Fund 

The conference report includes language identical to that proposed by the House that would authorize a further United States 

contribution to African Development Fund, including making the 

contribution subject to prior appropriations. The Senate did not address this matter. 

Sec. 584. Overseas Private Investment Corporation and Export-Import Bank Restrictions 

The conference agreement includes a provision identical to the 

Senate amendment and current law that prohibits the use of funds 

by OPIC and the Export-Import Bank to finance investments in 

connection with a project involving diamonds in a country that is 

not implementing the requirements developed by the Kimberley 

Process, or is not undertaking other measures that the Secretary 

of State determines to contribute to the elimination of the trade in 

conflict diamonds. 

Sec. 585. Reconciliation Programs 

The conference agreement includes language similar to that proposed by the Senate that would provide $8,000,000 from within 

the Economic Support Fund account for conflict resolution programs and activities. The House did not address this matter. 

Sec. 586. Nicaragua 

The conference agreement includes a general provision, similar 

to Senate language, which provides that not less than $35,000,000 

in Child Survival and ‘‘Development Assistance’’ funds should be 

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made available for Nicaragua, which is $4,000,000 above the 

amount requested. The House addressed this matter in the report. 

Sec. 587. Disability Access 

The conference report includes language similar to the Senate 

bill that requires the Administrator of USAID to develop and implement standards for access for people with disabilities for construction projects funded by USAID. The House did not address 

this matter. 

Sec. 588. Trade Capacity Building 

The conference agreement includes language providing not less than $503,000,000 for trade capacity building assistance from the 

Trade and Development Agency, Development Assistance, Transition Initiatives, ESF, International Affairs Technical Assistance, 

and International Organizations and Programs accounts. The 

House had similar language, and the Senate did not address this 

matter. 

Sec. 589. War Crimes in Africa 

The conference agreement includes a modified Senate provision 

that would make assistance available to the central government of 

a country in which individuals indicted by the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra 

Leone (SCSL) are credibly alleged to be living, if the Secretary of 

State certifies that such government is cooperating with ICTR and 

SCSL. The provision contains a national security waiver. The managers believe that peace and reconciliation efforts in West and Central Africa will be severely undermined if those most responsible 

for genocide in Rwanda and the atrocities in Sierra Leone are not 

brought to justice. 

The managers commend the democratically-elected Government of Nigeria for reaching an agreement with the Government 

of Liberia which helped to give the international community an important opportunity to provide desperately needed relief to that nation. Nigeria is a key ally in the region and the managers have recognized its role in this provision. However, the managers also note 

that efforts to address the humanitarian crisis and rebuild Liberia, 

as well as other parts of West Africa, will be severely limited if individuals indicted by SCSL are not handed over to the Court. The 

managers note that the United Nations Special Representative for 

Liberia, senior members of the Nigerian military, and important 

Nigerian civic organizations have called for the transfer of indicted 

war criminals to SCSL. 

The managers have also included language in this provision to 

provide $5,000,000 to the SCSL from unobligated balances of fiscal 

year 2003 ‘‘Economic Support Fund’’ (ESF) assistance. This language is similar to a Senate provision under the ESF heading, 

which would have provided $2,500,000 to the SCSL in fiscal year 

2004. The managers have included this provision because a Congressional directive in P.L. 108–7 to provide these funds was ignored by the State Department. The managers continue to strongly 

support SCSL. The managers endorse the Senate report language 

on this issue. 

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The managers continue to be concerned with the situation in 

Ivory Coast, where there are serious questions concerning the 

peace process and the country is in danger of becoming permanently divided between the rebel-controlled territory in the north 

and the government-controlled south. The managers note, however, 

that elections are currently expected to occur in 2005, the number 

of armed combatants remains relatively low, and damage to the 

economic infrastructure is light, and, therefore, believe that the situation could turn around if there is a breakthrough in the peace 

process. The managers request the State Department to consult 

with the Committees on the situation in Ivory Coast, concerning a 

range of issues including the progress of the peace process, the possibility of a United Nations peacekeeping mission, and section 508 

sanctions. 

Sec. 590. Report on Admission of Refugees 

The conference agreement provides language similar to the 

Senate bill that advises the Secretary of State to use private voluntary organizations with the relevant expertise in the processing, 

identification, and referral of refugees and advises the Secretary of 

State to develop a system for accepting referrals from local private, 

voluntary organizations, and outlines categories of special consideration for admission. The provision also mandates a report, not later 

than 120 days after enactment, on the progress made to implement 

this section. The House did not address this matter. 

Sec. 591. Post Differentials and Danger Pay Allowances 

The conference report includes language that amends sections 

5925 (a) and 5928 of title 5, USC, to increase post differentials and 

danger pay allowances for USAID employees, subject to the provision of similar pay allowances to the employees of the Department 

of State. The pay increase would be available immediately for personnel deployed to Afghanistan and Iraq. The House did not address this matter. 

Sec. 592. Report on Azerbaijan 

The conference report includes language similar to that proposed by the Senate that requires the Secretary of State to submit 

a report to the appropriate congressional committees on the investigation of the murder of United States democracy worker John 

Alvis. The House did not address this matter. 

Sec. 593. Designation of the Global Fund to Fight AIDS, Tuberculosis and Malaria under the International Organizations Immunities Act 

The conference agreement includes a provision that amends 

the International Organizations Immunities Act by adding a new 

section that extends the provisions of the Act to the Global Fund 

the same as they are extended to a public international organization in which the United States participates pursuant to any treaty 

or under the authority of any Act authorizing participation. This 

provision is identical to the Senate bill, and the House did not address this matter. 

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Sec. 594. Code of Conduct 

The conference agreement includes a new section, ‘‘Code of 

Conduct’’ that prohibits refugee and humanitarian assistance funding under the headings ‘‘Migration and Refugee Assistance’’ and 

‘‘Transition Initiatives’’ to an organization that has not adopted a 

code of conduct consistent with the Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and 

Abuse in Humanitarian Crises six core principles. Additionally the 

provision advises the Secretary of State and the Administrator of 

USAID to incorporate policies and programs to identify the needs 

of, and threats to, women and children at the various stages of a 

humanitarian emergency. The provision is similar to the Senate 

bill. The House addressed this matter under the heading ‘‘Migration and Refugee Assistance’’.

Sec. 595. Assistance for HIV/AIDS 

The conference agreement contains Senate language amending 

Public Law 108–25, the ‘‘U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003’’ in order to set the baseline for 

calculating contributions from other donors to the Global Fund to 

Fight AIDS, Tuberculosis, and Malaria (Global ATM Fund) at 

2004, for the purposes of calculating matching contributions, and 

to allow funds withheld due to certain provisions of Public Law 

108–25 to be used for HIV/AIDS, tuberculosis, and malaria programs. 

The managers have exempted the Global Fund to Fight AIDS, 

Tuberculosis, and Malaria, the World Health Organization, the 

International AIDS Vaccine Fund, and United Nations agencies, 

from section 301(f) of United States Leadership Against HIV/AIDS, 

Tuberculosis, and Malaria Act of 2003. The managers intend that 

for purposes of this provision, the World Health Organization includes its six regional offices: The Americas (PAHO); South-East 

Asia (SEARO); Africa (AFRO); Eastern Mediterranean (EMRO); 

Europe (Euro); and Western Pacific (WPRO). 

Sec. 596. Technical Correction Relating to the Enhanced HIPC Initiative 

The conference agreement includes a Senate provision that 

makes a technical correction relating to the enhanced HIPC initiative. The House did not address this matter. 

Sec. 597. Indonesia 

The conference agreement includes language, similar to a Senate provision, which provides that International Military Education 

and Training (IMET) assistance may be made available for Indonesia if the Secretary of State determines and reports that the Indonesian Government and Armed Forces (TNI) are cooperating 

with the FBI’s investigation of the August 31, 2002, murders of two 

American citizens and one Indonesian citizen in Timika, Indonesia. 

The managers are aware that, in the past, the TNI has not adequately cooperated with the FBI or with other investigations of this 

crime. However, the managers note that, during President Bush’s 

trip to Indonesia in October 2003, the President and Indonesian 

President Megawati Sukarnoputri jointly ‘‘reaffirmed their shared 

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commitment to find the murderers and bring them to justice.’’ The 

managers intend that, prior to the Secretary making a determination, the TNI will have unequivocally demonstrated its commitment to cooperate with the FBI. The managers note that expanded 

IMET assistance is already available for Indonesia without restriction, which may include English language training. 

The managers endorse language in Senate Report 108–106 regarding Indonesia. 

The managers remain troubled by the situation in Aceh and 

the ongoing conflict that has killed, injured and displaced thousands of innocent civilians. The managers note that the Indonesian 

Government has extended martial law for an additional six 

months, but continue to believe that this conflict will only be resolved through a political process. 

The managers strongly support democracy and political party 

building programs in Indonesia, and recognize that these efforts 

are long-term endeavors. The managers expect sufficient funding to 

be provided for democracy and political party building activities, 

and request that USAID consult with the Committees on the development of its 5-year strategy document for that archipelago. 

Sec. 598. Religious Freedom Report 

The conference report includes language similar to that proposed by the Senate providing that the assessment and description 

of violations of religious freedom contained in the report required 

by section 102(b)(1)(B) of the International Religious Freedom Act 

of 1998 (22 U.S.C. 6412 (b)(1)(B)) shall include a description of persecution targeted at religions, including acts of anti-Semitism, by 

individuals or organizations designated as terrorist organizations 

by the Secretary of State under section 219 of the Immigration and 

Nationality Act, as amended. The House did not address this matter.

Sec. 599A. Delivery of Assistance by Air 

The conference report includes language similar to that proposed by the Senate that the Secretary of State and the Administrator of USAID are directed to provide charter air service in regions where scheduled air service is grossly inadequate. The House 

did not address this matter. 

Sec. 599B. Modification on Reporting Requirements 

The conference report includes a modification of reporting requirements in existing law including: sections (f) of P.L. 106–246 

(the Emergency Supplemental Act, 2000) to change the monthly reporting requirement on Plan Colombia into a quarterly report, and 

by specifying that this report should be submitted to ‘‘the appropriate congressional committees’’, not ‘‘Congress’’; section 3204(e) of 

P.L. 106–246 to specify that this report should be submitted to ‘‘the 

appropriate congressional committees’’, not ‘‘Congress’’; and deletes 

the requirement for a report from GAO pursuant to subsection (a) 

of section 803 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001, Appendix A of Public 

Law 106–429 (as enacted by section 101(a) of such Public Law). 

The House partly addressed this matter under the heading ‘‘AndeVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00721 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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an Counterdrug Initiative’’, and the Senate addressed it in a general provision. 

Sec. 599C. CPA Detailees 

The conference agreement includes a provision requiring the 

Office of Personnel Management to provide a report of the number 

of individuals detailed from each executive agency to the Coalition 

Provisional Authority in Iraq on the date of enactment of this Act 

no later than February 1, 2004. The report shall identify by agency 

the number of non-reimbursable and reimbursable detailees and 

shall be updated on a quarterly basis until May, 2005. 

PROVISIONS NOT ADOPTED BY THE MANAGERS 

The conference report does not include section 555 of the 

House bill regarding ‘‘Korean Peninsula Energy Development Organization’’. The Senate did not include this provision. 

The conference report does not include section 562 of the 

House bill regarding ‘‘Procurement and Financial Management Reform’’. The Senate did not include this provision. 

The conference report does not include section 571 of the 

House bill and section 680 of the Senate bill regarding ‘‘Cuba’’. 

The conference report does not include section 572 of the 

House bill regarding ‘‘Competition in Contracting’’. This issue was 

addressed in P.L. 108–106, the Fiscal Year 2004 Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan. The Senate amendment did not address this matter. 

The conference report does not include section 581 of the 

House bill regarding ‘‘Efforts by North Korea Relating to the Proliferation of Nuclear Weapons’’. The Senate amendment did not address this matter. 

The conference report does not include section 582 of the 

House bill regarding the Foreign Intelligence Surveillance Act of 

1978. The Senate amendment did not address this matter. 

The conference agreement does not include section 601 of the 

Senate amendment regarding ‘‘Obligations During the Last Month 

of Availability.’’ The House did not address this matter. 

The conference agreement does not include section 606 of the 

Senate amendment regarding ‘‘Prohibition on Financing Nuclear 

Goods.’’ The House did not address this matter. Although no longer 

carried in the Act, the managers do not expect any funds in this 

Act from being used to finance the export of nuclear equipment, 

fuel or technology. If funds are used for such purposes, the managers expect these funds to be subject to the regular notification 

procedures of the Committees on Appropriations. 

The conference agreement does not include section 610 of the 

Senate amendment regarding ‘‘Deobligation/Reobligation Authority.’’ The House did not address this matter. 

The conference report does not include section 662 of the Senate amendment regarding ‘‘Enterprise Funds in the Middle East 

Region’’. The House did not address this matter. The managers include a proviso under the heading ‘‘Economic Support Fund’’ requiring that a Middle East Financing Facility or Enterprise Fund 

shall be subject to the regular notification procedures of the ComVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00722 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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mittees on Appropriations. The managers expect that, should such 

a Facility or Fund be established, the Secretary of State shall certify and report to the Committees on Appropriations prior to the 

obligation of any funds that: (1) all appropriate steps have been 

taken to ensure that assistance is not provided to any individual 

or entity that the management of the Facility or Fund has reason 

to believe advocates, plans, sponsors, or engages in, or has engaged 

in, terrorist activities; (2) the Facility or Fund furthers United 

States commercial interests in the region; and (3) the Facility or 

Fund is managed in a fiscally responsible manner. 

The conference agreement does not include Senate section 683 

regarding ‘‘American Churchwomen and Other Citizens in El Salvador and Guatemala’’ relating to the December 2, 1980 murders 

of four American churchwomen in El Salvador, and the May 5, 

2001 murder of Sister Barbara Ann Ford and the murders of other 

American citizens in Guatemala, listed in the Senate report, since 

December 1999. The managers are aware that in a memorandum 

dated April 4, 2003, the U.S. Attorney General ordered the heads 

of all departments and agencies to report in writing on whether 

such government entity possesses information relevant to these 

murders, and, if so, to set forth a written plan for expeditious review of the information for possible release to the victims’ families. 

Each plan is to include an estimate of the date by which the review 

and possible release of information is expected to be completed. The 

managers direct the Attorney General to provide to the Committees 

on Appropriations, not later than 60 days after enactment, copies 

of the written plans for each such government entity and a description of progress made in implementing such plans. The House did 

not address this matter. 

The conference agreement does not include Senate section 686 

requiring the Secretary of State to report on the status of the Administration’s strategy to address the international coffee crisis. 

The managers are troubled that this strategy has been delayed for 

several months and expect it to be released in the near future. The 

managers note the serious impact that the coffee crisis is having 

on many nations that receive U.S. foreign assistance and endorse 

the Senate report language on this issue. The House did not address this matter. 

The conference agreement does not include Senate section 687 

prohibiting assistance to the central Government of Venezuela if 

the Secretary of State certifies that the central Government of Venezuela is assisting, harboring or providing sanctuary for Colombian 

terrorist organizations. The managers request the Secretary of 

State to provide to the Committees, in a classified form if necessary, not later than 90 days after the enactment of this Act, (1) 

a description of specific actions taken by the Government of Venezuela to cooperate with the Government of Colombia on counter 

drug matters, and (2) a description of the extent to which, if any, 

the Government of Venezuela has supported or assisted groups designated as terrorist organizations in Colombia. 

The conference agreement does not include section 689 of the 

Senate amendment that provides that funds appropriated by this 

Act that are available for the central Government of Thailand may 

be made available if the Secretary of State determines and reports 

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to the Committees that, among other actions, the Thai Government 

supports the advancement of democracy in Burma and is not hampering the delivery of humanitarian assistance to people in Thailand who have fled Burma. The managers provide $5,000,000 to 

USAID to address the plight of Burmese in Thailand. The managers remain concerned by Thailand’s continued engagement with 

the repressive Burmese junta, including recent pledges to set aside 

differences to promote economic cooperation. The managers view 

such actions as contrary to furthering the struggle of democracy inside Burma. 

The conference agreement does not include Senate section 692 

regarding ‘‘Prohibition on Funding to Countries That Trade in Certain Weapons with North Korea’’. The House bill did not address 

this matter. 

The conference agreement does not include section 693 as proposed by the Senate regarding religious tolerance in Malaysia. 

However, the managers remain deeply concerned that the inaccurate and anti-Semitic comments of the former Malaysian Prime 

Minister may fuel religious intolerance throughout the region and 

provide credibility to the hateful messages of religious extremists 

in Malaysia, Indonesia and elsewhere. The managers understand 

that the views of the former Prime Minister, who retired on October 31, 2003 do not reflect those of all Malaysians, including the 

country’s new leadership. The House bill did not address this matter. 

The conference agreement does not include Senate section 

699A regarding a ‘‘Report on Sierra Leone’’. The House did not address this matter. The managers intend that the Administrator of 

USAID submit a report to the Committees on Appropriations, no 

later than 6 months after enactment, on the feasibility of establishing a United States mission in Sierra Leone. 

The conference agreement does not include Senate section 

699B regarding a ‘‘Report on Somalia’’. However, the managers expect that not later than 6 months after enactment the Secretary of 

State will submit a report to the Committees on Appropriations, 

describing a strategy for engaging with competent and responsible 

authorities and organizations within Somalia, including those in 

Somaliland, to strengthen local capacity and establish incentives 

for communities to seek stability. The report is also to include a 

multi-year strategy for: increasing access to basic education and 

health care services; supporting efforts to establish systems for effective regulation and monitoring of Somali hawala or informal 

banking establishments; and supporting initiatives to rehabilitate 

the livestock export sector in Somalia. The House did not address 

this matter. 

The conference agreement does not include Senate section 

699D regarding a ‘‘Guinea Worm Eradication Program’’. This matter is addressed under the heading ‘‘Child Survival and Health Programs Fund’’. The House did not address this matter. 

While the conference agreement does not include Senate section 699E expressing the sense of Congress on certain issues relating to Iran, the managers support this language and remain gravely concerned with the Government of Iran’s authoritarian and repressive rule, its development of nuclear weapons and their delivVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00724 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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ery systems, and support for terrorists and other undesirable elements that may undermine reconstruction efforts in Iraq. The 

House did not address this matter. 

The conference agreement does not include Senate section 699G that earmarked $7,000,000 in ‘‘Transition Initiatives’’ funds 

for democracy-building efforts in Cuba. However, the managers recommend $7,000,000 under ‘‘Economic Support Fund’’ for democracy-building efforts for Cuba supported by USAID including 

through published and informational material, assistance to victims of political repression and their families, support for democratic and human rights groups in Cuba, and support for independent international human rights monitors in Cuba. The conferees expect that, to the maximum extent possible, organizations 

implementing these programs for Cuba will be selected on a competitive basis. 

The conference report does not include Senate section 699H 

concerning the development of justice and reconciliation mechanisms in Central Africa. This issue is addressed under the ‘‘Economic Support Fund’’ heading. 

The conference agreement does not include section 699I of the 

Senate amendment calling for the Global AIDS Coordinator to 

make publicly available prices paid to purchase HIV/AIDS pharmaceuticals, antiviral therapies, diagnostic and monitoring tests, and 

other appropriate medicines, including medicines to treat opportunistic infections, for the treatment of people with HIV/AIDS and the 

prevention of mother-to-child transmission of HIV/AIDS in developing countries, through the use of funds appropriated under this 

Act and, to the extent available, by the World Health Organization 

and the Global Fund to Fight AIDS, Tuberculosis, and Malaria. 

However, the managers direct the AIDS Coordinator to make this 

information publicly available, including through posting on Internet web sites maintained by the Coordinator, beginning not later 

than 60 days after enactment of the Act. 

The conference agreement does not include section 699K of the Senate amendment adding an additional $289,000,000 to the Global AIDS Initiative account. Additional funding for HIV/AIDS, tuberculosis and malaria is contained under the heading ‘‘Child Survival and Health Programs Fund’’ and ‘‘Global HIV/AIDS Initiative’’. 

The conference agreement does not include section 699L of the 

Senate amendment regarding ‘‘International Military Training Assistance For Indonesia’’. This matter is addressed in section 597 of 

the conference report. The House did not address this matter. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2004 recommended by the Committee of Conference, with comparisons to the fiscal year 2003 amount, the 2004 budget estimates, 

and the House and Senate bills for 2004 follow:

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2003 ........................ $23,718,563 

Budget estimates of new (obligational) authority, fiscal year 2004 18,932,588 

House bill, fiscal year 2004 ................................................................... 17,163,255 

Senate bill, fiscal year 2004 .................................................................. 18,425,859 

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Conference agreement, fiscal year 2004 .............................................. 17,258,859 

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2003 ................ ¥6,459,704 

Budget estimates of new (obligational) authority, fiscal year 

2004 .............................................................................................. ¥1,673,729 

House bill, fiscal year 2004 ............................................................ +95,604 

Senate bill, fiscal year 2004 ........................................................... ¥1,167,000

DIVISION E—DEPARTMENTS OF LABOR, HEALTH AND 

HUMAN SERVICES, AND EDUCATION, AND RELATED 

AGENCIES APPROPRIATIONS 2004 

In implementing this agreement, the Departments and agencies should be guided by the language and instructions set forth in 

House Report 108–188 and Senate Report 108–81 accompanying 

the bill, H.R. 2660. 

In the cases where the language and instructions in either report specifically address the allocation of funds, each has been reviewed by the conferees and those that are jointly concurred in 

have been endorsed in this joint statement. 

The conferees direct that the Departments and agencies funded 

through this Division make a written request to the chairmen of 

the Committees prior to the reprogramming of funds in excess of 

10 percent, or $500,000, whichever is less, between programs, activities, or elements unless an alternate amount for the agency in 

question is specified elsewhere in Division E of this Statement. The 

conferees further agree that a reprogramming request is required 

for actions involving less than the above-mentioned amounts if 

such actions would have the effect of changing an agency’s funding 

requirements in future years or if the action can be construed to 

be the initiation of a new program. 

The conferees reiterate that the Committees be notified regarding reorganization of offices, programs, or activities prior to the 

planned implementation of such reorganizations. 

Finally, the conferees request that statements on the effect of 

this appropriation Act be submitted to the Committees within 60 

days of enactment of this Act. 

The Departments of Labor, Health and Human Services, and 

Education, and Related Agencies Appropriations Act, 2004, put in 

place by this resolution, incorporates the following agreements of 

the managers: 

TITLE I—DEPARTMENT OF LABOR 

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

The conference agreement includes $5,160,654,000 for training 

and employment services instead of $5,077,039,000 as proposed by 

the House and $5,140,588,000 as proposed by the Senate. Of the 

amount appropriated, $2,463,000,000 is an advance appropriation 

for fiscal year 2004, as proposed by the House and the Senate. 

The conference agreement includes $1,456,760,000 for the Dislocated Worker program as proposed by the Senate instead of 

$1,461,760,000 as proposed by the House. The conferees override 

the formula that provides that 80 percent of the funds provided 

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will be used for State formula grants and 20 percent for National 

Emergency Grants, providing $1,180,152,000 for the States and 

$276,608,000 for the National Reserve. 

The conference agreement includes bill language giving the 

Secretary of Labor authority to use dislocated worker national reserve funds to provide assistance to a State for statewide or local 

use in order to address cases where there have been worker dislocations across multiple sectors or across multiple local areas. The 

conferees urge the Secretary, when determining competitive 

awards under this authority, to give favorable consideration to the 

applications of assistance to States that have sustained worker dislocation in such a manner and can demonstrate the capacity to respond effectively in a coordinated fashion across multiple sectors or 

local areas. 

The conference agreement includes $55,000,000 for Native 

Americans as proposed by the House instead of $55,636,000 as proposed by the Senate. 

The conference agreement includes $77,330,000 for activities 

authorized under Section 167 of the Workforce Investment Act, reflected in two separate line items on the table accompanying the 

Conference Report: ‘Migrant and Seasonal Farmworkers’ and ‘National Activities/Other’. Under the Migrant and Seasonal Farmworkers line item, the agreement provides $76,823,000. The conference agreement includes bill language directing that $4,610,000 

of this amount be used for migrant and seasonal farmworker housing grants; the conference agreement includes language further directing that not less than 70 percent of this amount be used for 

permanent housing grants. 

Within the National Activities/Other line item, the conference 

agreement includes $507,000 to be used for Section 167 training, 

technical assistance and related activities, including continuing 

funding for migrant rest center activities at the current level. 

The conference agreement includes $1,546,216,000 for Job 

Corps. Within the total, $1,416,000,000 is provided for continuing 

operations of the program and $130,216,000 is for renovation and 

construction of Job Corps centers. 

The conferees recognize that New Hampshire is one of only two 

States in the Nation without a Job Corps Center and that it desires 

to open a center in the State. The conferees intend to begin providing funding for at least one new Job Corps Center in fiscal year 

2005 and expect the Department of Labor to give priority consideration to applications from States currently without a Job Corps 

Center. Further, the conferees direct the Department of Labor to 

provide technical assistance to the State of New Hampshire to 

identify one or more sites that would be suitable for consideration 

for future expansion of Job Corps. 

The conferees also note that the Job Corps network currently 

includes at least 5 existing satellite centers. The conferees are 

aware of entities in Iowa and other States working with local Job 

Corps sites to replicate this model. The conferees believe this is a 

low-cost option to expand the existing network and urge the Secretary to assist in the planning of new satellite centers. The Secretary shall issue a report no later than August 31, 2004 identiVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00727 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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fying the barriers experienced by the existing Centers and a comprehensive plan for expanding the satellite concept. 

The conferees commend Job Corps for its recent efforts to increase opportunities for participants to earn a high school diploma 

through the establishment of its High School Diploma Initiative 

(HSDI). While Job Corps’ success rate to date is encouraging, significant obstacles at the State and local levels make it extremely 

difficult for the program to ensure that all participants, regardless 

of center location, have access to the opportunity to obtain a high 

school diploma. The conferees urge the Department of Labor, in 

consultation with the Department of Education, States, and local 

educational agencies to examine obstacles to Job Corps’ participants’ ability to earn and receive high school diplomas from a local 

educational agency. 

As expressed in the 2003 statement of the managers, the conferees remain concerned with the lack of information provided regarding the performance and operation of the Workforce Investment Act. Further, the conferees remain concerned that States and 

local workforce investment areas lack the technology to comply 

with the basic performance reporting and operational requirements 

of WIA. Therefore, the conferees recommend that the Secretary 

provide States and local workforce investment areas funding to develop technology and determine its benefit to the WIA system. 

The conferees take note of the recent plant closure announcements in Lorain, Ohio and direct the Secretary of Labor to give favorable consideration to the application to continue and expand 

support for job training, workforce and economic development initiatives implemented and delivered by Lorain County Community 

College at the same commitment level established in the original 

agreement entered into in 2000. 

The conferees are impressed with the Labor Department’s 

partnership with the Council for Adult and Experiential Learning 

to creatively address the Nation’s shortage of nurses. The Employment and Training Administration pilot program will allow CAEL 

and health care partners in five cities to increase the number of 

Certified Nurses Aides, Licensed Practical Nurses and Registered 

Nurses. 

With respect to the projects listed below for pilots and demonstrations, the conferees encourage the Department to ensure that 

these projects are coordinated with local Workforce Investment 

Boards. The conferees also encourage the Department to ensure 

that project performance is adequately documented and evaluated. 

The conference agreement includes the following amounts for the 

following projects and activities:

American Federation for the Blind for the Technology and Employment Center in Huntington, West Virginia ..................................... $1,000,000 

American Indian Science and Engineering Society to provide the 

Rural Computer Utilization Training Program to indigenous populations in Hawaii .............................................................................. 50,000

Antelope Valley Community College District, Lancaster, California, 

to provide upgrade training for new hires, incumbent and dislocated aerospace workers ................................................................. 100,000 

Aurora Hispanic Chamber of Commerce and Waubonsee Community College, Aurora, Illinois, for Core Four Business Planning 

course for business training for existing business owners to expand and entrepreneurial training for new businesses .................. 175,000

725

Bay Area Community Health Partnership, Green Bay, WI, for 

nurse training programs .................................................................... 350,000

Blackhawk Technical College, in Janesville, WI, to provide job 

training and upgrade workers’ manufacturing skills ...................... 300,000

Boro Park Jewish Community Council, Brooklyn, NY, to develop a 

Comprehensive Employment Program ............................................. 100,000

Building and Supporting Entrepreneurship of Southeast Lancaster, 

Lancaster, PA (BASE, Inc.) to expand educational and employment services training to out-of-school, adjudicated youth ............ 100,000

California State University, Chico, for plastic molding machines in 

the Engineering School Plastics Laboratory in order to provide 

students with technological training to prepare them for careers 

in California ........................................................................................ 500,000

Career Academy, Louisville, KY, for youth education and workforce 

development programming ................................................................ 170,000

Central Alabama Community College, Alexander City, AL, Entrepreneurial Center, to assist displaced workers by providing specialized training and other needed resources to foster the growth 

of business .......................................................................................... 200,000

Central Iowa Employment & Training Consortium for a resource 

center for disabled and disadvantaged individuals ......................... 600,000 

City of Jackson, TN, Disability Training Program ............................. 200,000

City of Jackson, MS, for Jackson Transition Job Project for the 

Homeless ............................................................................................. 120,000

City of Sacramento, CA, Sacramento Housing and Redevelopment 

Agency to provide a summer youth employment program ............. 100,000

City of Suffolk, Virginia, for a feasibility study of establishing Suffolk Workforce Development Center ................................................. 250,000

Closing The Gap, Lansing, MI, for technology enhancements ........... 105,000 

Collegiate Consortium for Workforce and Economic Development, 

Philadelphia, PA, for workforce development and training ............ 250,000

Columbus State Community College, Columbus, OH, for the creation of an Integrated Systems Technology training program ....... 400,000

Community College of Allegheny County, Pittsburgh, PA, to address unemployment and underemployment demands for heath 

care professionals ............................................................................... 150,000

Covenant House Pennsylvania, Philadelphia, PA ............................... 75,000

Delaware Valley Industrial Resource Center, Philadelphia, PA, to 

perform a pilot project that will provide job training for small 

manufacturers and report its lessons for national implementation 100,000

Delta Council, MS, Delta Center for Career and Workforce Education ................................................................................................... 500,000

Des Moines Area Community College, IA, to continue the establishment of a Career Technology Center ................................................ 200,000

Experience Works, Beaverton, Oregon, for the Rural Revitalization 

Through Technology Initiative .......................................................... 25,000

Ferris State University, Big Rapids, MI, to update equipment, 

staffing and to expand nationwide outreach for recruiting, articulation and continuing education ....................................................... 300,000

Florida Institute of Technology, Melbourne, FL, for the development of a program to assist small businesses in competing for 

government contracts ......................................................................... 1,550,000 

Gadsden State Community College Gadsden, AL, for the Workforce 

Development Program in Calhoun County ...................................... 200,000

Gateway Technical College, Kenosha, WI ........................................... 500,000

Hawaii Community Foundation for the Samoan/Asian Pacific Job 

Training Program ............................................................................... 500,000 

Heartbeats to the City, Inc., Canton, OH, for urban youth training 28,000

Hispanic/Latino Center Inc., Pittsburgh, PA, to provide workplace 

readiness and job skill training targeted to Hispanic workers, so 

that they can access job opportunities in Southwestern Pennsylvania .................................................................................................... 50,000

House of Healing, Erie, PA, to provide rehabilitation work training 

and employment ................................................................................. 25,000

Idaho Women Work!, to implement the Recruiting for the Information Technology Age (RITA) initiative in Idaho ............................... 100,000

726

Institute for Cultural Partnerships, Harrisburg, PA, to provide for 

a ‘‘New Americans’’ Regional Center, which will include employment and legal assistance for immigrants ....................................... 25,000 

Institute of Retraining of Dislocated Workers, Southwestern Oregon Community College, Coos Bay, OR, to augment college programs in providing training and retraining to the unemployed, 

but especially older dislocated workers ............................................ 25,000

InterTribal Bison Cooperative in Rapid City, SD for member training ........................................................................................................ 100,000

Iowa Central Community College, Fort Dodge, IA, for vocational 

training ............................................................................................... 250,000 

Iowa Valley Community College District, Marshalltown, IA, for a 

community outreach and training center ......................................... 100,000

Jewish Healthcare Foundation, Pittsburgh, PA, to develop and 

share the best practices in health workforce recruitment, development, and retention ....................................................................... 100,000 

Jobs for America’s Graduates, Alexandria, VA, for a school-to-career program ....................................................................................... 1,000,000

La Casa de Esperanza, Inc., Waukesha, WI, for weatherization 

training ............................................................................................... 165,000 

Lake County, IL, for a summer youth employment program ............ 200,000 

Lawrence County Economic Development Office, PA, to provide for 

the development of a vocational center to train employees for 

jobs in high technology manufacturing industries .......................... 50,000

Lawson State Community College, Infrastructure and Technology 

Enhancements IT Training and Placement Center to expand 

training services for students and adult education applicants ...... 100,000

Life Steps Foundation, Inc., Arroyo Grande, CA, for establishment 

of the Life Steps Foundation Rural Computer Utilization and Job 

Skills Training Program .................................................................... 250,000

Links to Individuals For Empowerment, Philadelphia, PA, to assist 

ex-offenders as they transition back into society with employment training skills ........................................................................... 100,000 

Louisiana National Guard Military Department, New Orleans, LA, 

for the Military Educational Training Enhancement Fund/Job 

Challenge Program ............................................................................ 72,000 

Maine Manufacturing Extension Project, Augusta, ME: For the 

Rapid Mobilization of New England Manufacturing Supply 

Chain, to provide training to the manufacturing workforce ........... 400,000

Martha’s Village and Kitchen, Indio, CA, for operational expenses 250,000

Maui Community College for the Remote Rural Hawaii Job Program .................................................................................................... 1,500,000

Maui Economic Development Board for the Maui High Technical 

program to get women into the technology fields ............................ 300,000

Maui Economic Development Board for the Rural Computer Utilization Training Program ................................................................... 300,000 

Medina Works, Medina, OH, for a Building Trades Initiative—

Wayne Ashland, Medina .................................................................... 450,000 

Medina Works, Medina, OH, for healthcare professionals workforce 

development ........................................................................................ 220,000 

Metropolitan Career Center, Philadelphia, PA, to provide job readiness training for low-income and unemployed men and women .... 50,000

Millinocket Area Growth and Investment Council (MAGIC), East 

Millinocket, ME: Project would survey area alumni to determine 

factors related to out-migration in rural areas throughout the 

State of Maine .................................................................................... 200,000

Mississippi State University, for Robotics and Automated Systems 

for Nursery Industry .......................................................................... 500,000

National Center for Manufacturing Sciences, Ann Arbor, MI ........... 400,000 

National Restaurant Association Educational Foundation, for the 

ProStart Institute Program ............................................................... 150,000 

New Mexico Retail Association, Albuquerque, NM, to improve opportunities for students and out-of-school youth to successfully 

transition to post-secondary education and/or training careers ..... 220,000

Northern Great Plains Incorporated for a workforce study and coordination related to the Red River Valley Research Corridor ...... 50,000

727

Northwest Pennsylvania Industrial Resource Center, Erie, PA, to 

develop a skills standards-based assessment and certification 

system, which will include workforce training and development, 

that meets the needs of the Pennsylvania manufacturing community ...................................................................................................... 100,000

Nueva Esperanza CareerLink Center, Philadelphia, PA, to provide 

information on job training and literacy classes, assistance with 

resume preparation, skill and aptitude assessment, and job vacancy announcements ........................................................................ 100,000

Oklahoma Military Department, Oklahoma National Guard Youth 

Programs Division for the Thunderbird Trades Academy .............. 100,000

Opportunities Industrialization Centers International, Philadelphia, PA, to provide technical assistance and resources to its national affiliates to increase their capacity to provide training to 

the unemployed and underemployed in the hospitality sector ....... 225,000

Opportunity, Inc., Highland Park, IL, for the Handicapable employees program ........................................................................................ 100,000

People’s Emergency Center, Philadelphia, PA, to provide workforce 

preparation and training to homeless mothers to foster economic, 

emotional, and family stability in their lives ................................... 100,000 

Peoria NEXT initiative for training in bioscience and biotechnology 

industries, IL ...................................................................................... 200,000

Philadelphia Area Immigration Resource Center, Philadelphia, PA, 

to provide employment and legal assistance for immigrants in 

Southeastern Pennsylvania ............................................................... 75,000

Philadelphia Housing Authority to provide workforce training at 

the Philadelphia Housing Authorities’ Workforce Development 

Center to prepare residents for careers in the building trades ...... 50,000

Philadelphia Industrial Development Center to support job training 

and workforce development in the manufacturing sectors within 

Philadelphia ........................................................................................ 50,000

Potter County Educational Council, Coudersport, PA, for Opportunity Knocks program to assist single parents, teen parents, 

and homemakers in acquiring skills needed to enter the workforce ..................................................................................................... 100,000

Pride Industries, Rosedale, CA, to create long-term jobs for persons 

with disabilities and other barriers to employment ........................ 250,000

Private Industry Council of Westmoreland, Greensburg, PA, to use 

a computer-based assessment system to assist job seekers, including Welfare to Work clients ........................................................ 50,000

Project One, Louisville, KY, for employment program ....................... 25,000

Reading-Berks Emergency Shelter, Reading, PA, to provide job 

readiness skills to employ individuals .............................................. 50,000

Reinvestment Fund, Philadelphia, PA, to expand its workforce pilot 

program ............................................................................................... 250,000

Residential Care Consortium, Easton, PA, to help troubled teens 

transition into society by providing housing, education and counseling ................................................................................................... 550,000

Riverside Center for Innovation, Pittsburgh, PA, for programs 

which are helping small businesses and start-ups in Allegheny 

County ................................................................................................. 100,000

San Diego Workforce Partnership, San Diego, CA, to enhance the 

Workforce Partnership’s English as a Second Language programs 125,000

Seattle STRIVE to provide job readiness skills to hard-to-employ 

individuals .......................................................................................... 100,000

Second Chance Employment Services, Washington, DC, for a demonstration program to help at-risk women and victims of abuse 

obtain long-term jobs ......................................................................... 150,000

Sephardic Bikur Holim Career and Employment Training in Brooklyn, NY ................................................................................................ 100,000

Shelton State Community College, Electronic and Technical Training, to continue advanced training program and to provide for 

procurement of software and curriculum development to meet 

growing industry needs in Alabama ................................................. 100,000

Southern Star Development Corporation, Louisville, KY .................. 20,000

728

SUNY College of Environmental Science and Forestry, Syracuse, 

NY, for technical education and job training component of the 

SPARE program ................................................................................. 100,000

The Joblinks program for continuation costs ...................................... 500,000

Tides Center of Western Pennsylvania, for Keys2Work Program ..... 150,000

Tioga County Development Corporation, Wellsboro, PA, to assist 

employers in certification training program for their workforce in 

a variety of production and operations procedures ......................... 150,000 

Transit Technology Career Ladder Partnership, Silver Spring, MD, 

to provide for a joint labor-management initiative developed by 

the Community Transportation Development Center focusing on 

bus mechanics, rail car mechanics, and underground power systems ..................................................................................................... 100,000

Tri-State University in Angola, IN, for the Center for Technology 

and On-Line Resources ...................................................................... 50,000

United Way of Dane County, Madison, WI, for computer training 

at the Vera Court Neighborhood Center .......................................... 35,000

University of Alabama in Huntsville to establish the necessary infrastructure for a Southeast Automotive Transportation Lean 

Manufacturing Initiative to support the expanding automotive 

industry in Alabama .......................................................................... 200,000

University of Dayton for the Shared Corporate University and 

manufacturer’s Business Utility programs for e-learning and etraining packages ............................................................................... 300,000

University of Hawaii at Maui for training and education opportunities for Hawaiians living in rural areas ........................................... 1,800,000

University of Idaho to continue and expand the Alternative Careers 

for Idaho Farmers (ACIF), to help those dislocated from agriculture to make the difficult shift to an alternative career ............ 850,000

University of Northern Iowa Immigration Services for Iowa Communities .............................................................................................. 259,000

University of the Pacific, Stockton, CA, for operating funds for a 

Business Forecasting Center ............................................................. 500,000

University of Toledo for the Center for Capacity-Building in Construction for Disadvantaged Business Enterprises and Workers 

program to increase the supply of historically disadvantaged segments of the Northeast Ohio workforce ........................................... 300,000

Vermont Child Care Industry and Careers Council for a Childcare 

Apprenticeship Project ....................................................................... 300,000

Vermont Technical College in Randolph, VT, to develop workforce 

investment strategies that best fit the business needs of the 

State .................................................................................................... 600,000

Washington Workforce Association for the In-Demand Scholars program .................................................................................................... 400,000

Wisconsin Network for Women and Work, Janesville, WI, for Information Technology training .............................................................. 100,000

Women Work—RITA (Recruiting for the Information Technology 

Age), PA, for workforce training and development for women in 

the information technology sector ..................................................... 50,000

Work, Achievement, Values, and Education, Washington, DC, to 

provide workforce training programs for those that face a life of 

chronic unemployment ....................................................................... 50,000

Workforce Investment Board for Aroostook and Washington Counties, Caribou, ME, for career training via the Northern Maine 

Healthcare Sector Group Training Project ...................................... 250,000

Wrightco Technologies, Claysburg, PA, for programs in technical 

training school .................................................................................... 200,000

YWCA of Bucks County, Trevose, PA, to continue the Employment 

Training Program ............................................................................... 100,000

YWCA of Madison, Inc., Madison, WI, for a Certified Nursing Assistant training program for low-income individuals ...................... 30,000

COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

The conference agreement appropriates $441,253,000 for Community Service Employment for Older Americans, instead of 

729

$440,200,000 as proposed by the House and $442,306,000 as proposed by the Senate. 

FEDERAL UNEMPLOYMENT AND BENEFITS ALLOWANCES

The conference agreement includes a technical correction to 

both House and Senate Trade Act language to clarify that amounts 

needed to pay benefits under the Alternative Trade Adjustment Assistance program are included in the appropriation. The conference 

agreement includes $7,000,000 for the State of Alaska for training 

of displaced workers who can no longer earn a living in industries 

adversely affected by foreign trade. 

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICES

OPERATIONS

The conference agreement appropriates $3,609,381,000 for 

State Unemployment Insurance and Employment Service Operations, instead of $3,615,381,000 as proposed by the House and 

$3,620,552,000 as proposed by the Senate. 

The conferees expect the Department of Labor to continue to 

allocate fiscal year 2004 funds for the Workforce Information Core 

Products and Services through formula grants to the States. 

The conferees urge the Department of Labor to study the impact of using alternate criteria for the allotment of grants to States 

for the administration of Federal and State unemployment compensation laws. The criteria used in this study shall include the 

relative proportion of unemployed individuals in each State and the 

relative proportion of the total civilian labor force in each State. 

The Department shall be prepared to submit the results of this 

study to the Congress at the fiscal year 2005 budget hearings. The 

conferees are requesting this study in order to assess the need for 

a new formula so that States are not penalized for keeping administrative costs at a minimum through the use of technology and 

other innovations. 

PROGRAM ADMINISTRATION

The conference agreement appropriates $173,644,000 for Program Administration, instead of $172,327,000 as proposed by the 

House and $178,961,000 as proposed by the Senate. The detailed 

table at the end of this joint statement reflects the activity distribution agreed to by the conferees. 

EMPLOYEE BENEFITS SECURITY ADMINISTRATION

The conference agreement appropriates $124,962,000 for the 

Employee Benefits Security Administration, instead of 

$128,605,000 as proposed by the House and $121,316,000 as proposed by the Senate. The detailed table at the end of this joint 

statement reflects the activity distribution agreed to by the conferees. 

730

EMPLOYMENT STANDARDS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement appropriates $394,908,000 for the 

Employment Standards Administration, salaries and expenses, instead of $397,753,000 as proposed by the House and $392,061,000 

as proposed by the Senate. The detailed table at the end of this 

joint statement reflects the activity distribution agreed to by the 

conferees. 

On October 3, 2003, the Department of Labor published a final 

rule on union reporting and disclosure under the Labor Management Reporting and Disclosure Act (LMRDA). The conferees are 

concerned that the Department has not yet produced the electronic 

LM–2 software that it will require unions to use and has not yet 

produced to unions the software necessary for unions to export data 

from their newly revised accounting and record-keeping systems to 

the new electronic LM–2 forms. The conferees therefore urge that 

the Department make available this software as expeditiously as 

possible to determine whether this software, together with union 

accounting and record-keeping systems, will actually work as is intended and designed. 

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $460,786,000 for the Occu- pational Safety and Health Administration instead of $450,008,000 

as proposed by the House bill and $463,324,000 as proposed by the 

Senate. The detailed table at the end of this joint statement reflects the activity distribution agreed to by the conferees. Within the total, $3,200,000 is to be used to extend funding for 

Institutional Competency training grants provided that the grantee 

has demonstrated satisfactory performance. 

MINE SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $270,826,000 for the Mine 

Safety and Health Administration instead of $266,767,000 as proposed by the House bill and $270,711,000 as proposed by the Senate. The detailed table at the end of this joint statement reflects 

the activity distribution agreed to by the conferees. 

Within the total, the conference agreement includes $2,000,000 

to be available for mine rescue and recovery activities on a noncontingency basis as proposed by the Senate. 

The conferees are concerned about recent GAO findings that 

raise serious questions about the quality of enforcement of the 

Mine Act by MSHA. Specifically, the conferees are concerned that 

MSHA is experiencing staffing and informational systems problems 

that hinder its ability to fulfill its inspection and investigation obligations. The conferees expect MSHA to develop an agency-wide 

human capital plan to address current and future inspector shortages, including recruiting and training needs. The conferees also 

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731

formation technology needs regarding injury rates, accident investigations, and timely inspections, including the collection of contractor data.

The conference agreement includes the following amounts for 

the following projects and activities:

National Technology Transfer Center for a coal slurry impoundment pilot project in Southern West Virginia ................................. $1,000,000

Stolar Research Corporation to further develop and demonstrate 

electromagnetic wave detection technology associated with drill 

string radar to prevent mine flooding incidents .............................. 100,000

BUREAU OF LABOR STATISTICS

SALARIES AND EXPENSES

The conference agreement includes $522,198,000 for the Bu- reau of Labor Statistics instead of $512,262,000 as provided by the 

House bill and $520,223,000 by the Senate. The detailed table at 

the end of this joint statement reflects the activity distribution 

agreed to by the conferees. 

Within the total for the Employment and Unemployment Sta- tistics activity, $5,000,000 is for the Mass Layoff Statistics program. Similar language was included in the Senate bill. 

OFFICE OF DISABILITY EMPLOYMENT POLICY

SALARIES AND EXPENSES

The conferees have included $2,500,000 within the Office of 

Disability Employment Policy to continue the telework efforts already initiated by ODEP. This can include expansion of pilot programs already underway and/or initiation of new telework pilots. 

ODEP should proceed in an expeditious manner to create telework 

positions in cooperation with Federal and State agencies. Priority 

should be given to strategies judged likely to yield the largest numbers of telework positions for people with disabilities. 

The conferees have included sufficient funds to continue the 

structured internship program for undergraduate college students 

with disabilities. 

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement includes $352,830,000 for Departmental Management, salaries and expenses, instead of 

$253,018,000 as proposed by the House bill and $351,609,000 as 

proposed by the Senate. The detailed table at the end of this joint 

statement reflects the activity distribution agreed to by the conferees. 

The conference agreement includes $110,650,000 for the Bureau of International Labor Affairs (ILAB). Within the total provided, $82,000,000 is to assist developing countries with the elimination of child labor. Of this amount, $45,000,000 is for the International Labor Organization’s International Programme for the 

Elimination of Child Labor. In addition, $37,000,000 is provided for 

bilateral assistance, made available through September 30, 2004, 

to improve access to basic education in international areas with a 

732

high rate of abusive and exploitative child labor. The conference 

agreement further includes $2,500,000 for bilateral and multilateral technical assistance, to be used to promote the International 

Labor Organization’s Declaration of Fundamental Principles and 

Rights at Work. Given the increasing focus on the social impact of 

globalization, the U.S. Government has an interest in assisting nations who want to develop and/or implement core labor standards, 

including the right of free association. The conference agreement 

includes $5,000,000 for ILAB to build its own permanent capacity 

to monitor and report regularly and in-depth to the Congress on 

the extent to which foreign countries with trade and investment 

agreements with the United States respect internationally-recognized worker rights and effectively promote core labor standards. 

The conference agreement also includes $11,000,000 for Federal administration and other ILAB programs. 

The conference agreement includes $10,000,000 for the purpose 

of assisting the International Labor Organization in implementing 

a program to confront HIV/AIDS in the workplace. The primary 

purpose of this program shall be to promote workplace policies 

which combat HIV-related stigma and discrimination, and promote 

prevention on the basis of tripartite partnerships among workers, 

employers and governments around the world. The conferees direct 

that the Secretary shall designate a full-time coordinator to oversee 

these efforts and coordinate with the various agencies conducting 

international HIV/AIDS programs. The conferees further direct 

that the Secretary submit a report to the Committees by August 

31, 2004 detailing the challenges faced and progress made in implementing anti-discrimination policies in each of the countries 

that are engaged by this effort. 

The conference agreement includes the following amount for 

the following project:

International Center on Child Labor and Education .......................... $150,000

The conferees strongly support the Buy American Act, which 

was enacted in 1933 to ensure that the Federal government supports domestic companies and domestic workers by buying American-made goods. The Act includes a number of waiver provisions 

that allow Federal agencies to buy foreign goods in some circumstances, but there is little disclosure or accountability in the 

waiver process. The conferees, therefore, direct the Secretary to 

issue a report not later than 60 days after the last day of fiscal 

year 2004 on the amount of acquisitions made by the Department 

during such fiscal year of articles, materials, or supplies that were 

manufactured outside the United States. Such report shall separately indicate the dollar value of any articles, materials, or supplies purchased by the department that were manufactured outside 

the United States, an itemized list of all waivers under the Buy 

American Act (41 U.S.C. 10a et seq.) that were granted with respect to such articles, materials, or supplies, and a summary of 

total procurement funds spent on goods manufactured in the 

United States versus funds spent on goods manufactured outside of 

the United States. 

733

VETERANS EMPLOYMENT AND TRAINING

The detailed table at the end of this joint statement reflects 

the activity distribution agreed to by the conferees. Within the 

total, the conferees have provided $162,415,000 for State administration as proposed by the House instead of breaking this funding 

between Disabled Veterans Outreach and Local Veterans Employment as proposed by the Senate. 

WORKING CAPITAL FUND

The conference agreement includes $13,850,000 for the Work- ing Capital Fund, instead of $18,000,000 as proposed by the House 

bill and $9,700,000 as proposed by the Senate. 

GENERAL PROVISIONS 

EXECUTIVE ORDER 13126 

The conference agreement includes a provision proposed by the 

Senate that none of the funds appropriated in this Act shall be obligated or expended for the procurement of goods produced by 

forced or indentured child labor. The House bill contained no similar provision. 

DENALI COMMISSION

The conference agreement includes a provision proposed by the 

Senate that authorizes to be appropriated such sums as may be 

necessary to the Denali Commission to conduct job training where 

Denali Commission projects will be constructed. The House bill 

contained no similar provision. 

WELFARE-TO-WORK

The conference agreement modifies a provision proposed by the 

Senate that rescinds funds appropriated for fiscal year 1999 for the 

welfare-to-work program. The conference agreement rescinds any 

amounts allotted to the States from funds appropriated for fiscal 

year 1999 for the Welfare-to-Work program that are unexpended as 

of the date of enactment of the section, except for certain close out 

costs. Unexpended funds would consist of funds allotted to the 

States that are unobligated by the States, or obligated by the 

States, but not expended. Only funds to pay for goods and services 

that have already been provided as of the date of enactment are 

generally considered expended. Grantees would be required to terminate any agreements providing for the provision of goods and 

services beginning after the date of enactment unless alternative 

funding sources are identified. 

Since this rescission would accelerate the termination of the 

Welfare-to-Work grants to the States that are all due to expire during fiscal year 2004, the provision does not rescind funds that the 

Secretary of Labor determines are necessary for the States to carry 

out administrative activities relating to closeout. Such costs could 

include such items as penalties for early termination of leases, and 

personnel costs relating to the final reporting and closeout of grant 

activities. Authority is also provided in this provision for the SecVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00737 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
734

retary of Labor to take necessary actions to facilitate the orderly 

and equitable closeout of the State grants, notwithstanding the 

programmatic requirements of the Welfare-to-Work program. 

The conferees expect the Employment and Training Administration to assist States in establishing a transition process to help 

the remaining welfare-to-work participants easily and seamlessly 

assimilate into Workforce Investment Act programs that allow 

them to continue to receive assistance. 

OVERTIME REGULATION

The conference agreement deletes without prejudice language 

proposed by the Senate that none of the funds appropriated in this 

Act shall be used to promulgate or implement any regulation that 

exempts employees from the Fair Labor Standards Act of 1938. The 

House did not include this provision. 

ETA OFFICE CLOSINGS

The conference agreement deletes without prejudice language 

proposed by the Senate that the Secretary shall cease closing ETA 

regional offices. The House bill contained no similar provision. 

The conferees remain concerned about the Department’s regional office reorganization. The conferees, therefore, urge the Department to maintain the current office structure of the Employment and Training Administration Offices. 

PERSONAL DUST MONITORS

The conference agreement includes language proposed by the 

Senate that the Secretary shall re-propose a rule on respirable coal 

dust following the successful demonstration of personal dust monitors. The House bill contained no similar provision. 

HAMILTON COUNTY ONE STOP CENTER

The conference agreement includes a provision transferring all 

federal interest in a State of Ohio Employment Services Office to 

Hamilton County, Ohio. 

NEW ENTRANTS

The conference agreement includes a provision to permit youth, 

ages 14 through 17, who by statute or judicial order are exempt 

from compulsory school attendance beyond the eighth grade, to 

work inside or outside places of business where machinery is used 

to process wood products. The youth would be permitted to perform 

activities such as sweeping, stacking wood, and writing orders. 

Safety provisions include prohibiting the youth from operating machinery, and requiring the use of eye and body protections. 

735

TITLE II—DEPARTMENT OF HEALTH AND HUMAN 

SERVICES 

HEALTH RESOURCES AND SERVICES ADMINISTRATION

HEALTH RESOURCES AND SERVICES

The conference agreement includes $6,727,937,000 for health resources and services, of which $6,698,437,000 is provided as 

budget authority and $29,500,000 is made available from the Public Health Service policy evaluation set-aside, instead of 

$6,252,256,000 as proposed by the House and $5,964,824,000 as 

proposed by the Senate. 

The conference agreement includes two technical bill language 

citations for sections 510 and 711 of the Social Security Act. Section 510 had not been included in the House bill; section 711 had 

not been included in the Senate bill. 

The conference agreement includes bill language that was not included in either House or Senate bill providing $367,563,000 for 

construction and renovation (including equipment) of health care 

and other facilities, abstinence education, related services and 

other health-related activities. These funds are to be used for the 

following projects:

10/33 Ambulance Service, Ltd., Spring Valley, IL .............................. $75,000

19th Judicial District Drug Court, Baton Rouge, LA, for the Earl 

K. Long Hospital ................................................................................ 72,000

Aberdeen Area Tribal Chairmen’s Health Board in Rapid City, 

South Dakota for Northern Plains Healthy Start ........................... 400,000

Achievement Centers for Children, Cleveland, OH ............................ 200,000

Adirondack Medical Center, Saranac Lake, NY ................................. 200,000

Advanced Technology Institute, North Charleston, SC ...................... 200,000

Akron Children’s Hospital, Akron, OH for equipment ....................... 970,000

Alaska Family Practice Residency Program ........................................ 500,000

Albert Einstein Healthcare Network (AEHN), Philadelphia, PA for 

construction, renovation, and equipment ......................................... 1,000,000

Aliquippa Community Hospital, Aliquippa, PA for construction ....... 500,000

All Children’s Hospital, Inc., St. Petersburg, FL ................................ 1,000,000

Alleghany Memorial Hospital, Sparta, NC .......................................... 125,000

Allegheny General Hospital, Cardiovascular Institute, Pittsburgh, 

PA for construction, renovation, and equipment ............................. 1,000,000

Allegheny Singer Research Institute, Center for Genomic Sciences, 

Pittsburgh, PA for construction, renovation, and equipment ......... 1,000,000

Allen Memorial Hospital, Moab, UT for construction ......................... 100,000

Altoona Area School District, Altoona, PA, for construction of a 

wellness center ................................................................................... 150,000

American Museum of Natural History, New York, NY ...................... 500,000

American Red Cross, Frederick County Chapter, Walkersville, MD 400,000

Appalachian Pain Foundation, Charleston, WV, for equipment and 

curriculum development .................................................................... 129,000

Appalachian Regional Healthcare, Lexington, KY for healthcare 

services in rural areas ....................................................................... 250,000

Arnold Palmer Hospital for Children and Women, Orlando, FL ....... 550,000

Asante Health System to implement an integrated technology system and demonstrate its impact on rural health delivery .............. 75,000

Ashland Community Hospice, Ashland, KY for construction, renovation, and equipment ..................................................................... 400,000

Association for Individual Development, Aurora, IL .......................... 3,200,000

Association for Utah Community Health, Salt Lake City, UT to 

link rural, frontier and urban medically underserved sites for 

telemedicine ........................................................................................ 200,000

Association of Utah Community Health, Salt Lake City, UT for 

equipment ........................................................................................... 1,000,000

Atlantic City Medical Center, City Division, Atlantic City, NJ ......... 500,000

736

Atlantic Health Systems/Morristown Memorial Hospital, Florham 

Park, NJ .............................................................................................. 500,000

Baptist Coosa Valley Hospital, Sylacauga, AL .................................... 500,000

Baptist Medical Center Walker, Jasper, AL, to establish a Thoracic 

Surgery program ................................................................................ 150,000

Barnes-Jewish St. Peters Hospital, St. Peters, MO ............................ 200,000

Barry University, Miami, FL, for the Institute for Community 

Health and Minority Medicine .......................................................... 650,000

Bassett Healthcare, Cooperstown, NY ................................................. 616,000

Bay Area Medical Center Foundation, Marinette, WI ....................... 750,000

Bay Clinic Community Health Center, Hawaii to establish a mental health clinic for women ................................................................ 50,000

BayCare Health System, Clearwater, FL, for a demonstration 

project to develop an electronic medication and clinical services 

ordering system for physicians ......................................................... 1,000,000

Baylor College of Medicine, Houston, TX ............................................ 750,000

Bear Lake Memorial Hospital, Montpelier, ID ................................... 400,000

Best Friends Foundation, Washington, DC, for abstinence education activities .................................................................................. 50,000

Bethune Cookman College, Daytona Beach, FL ................................. 500,000

Big Horn County Memorial Hospital, Hardin, MT for construction 

and renovation .................................................................................... 400,000

Boone County Government Center, Columbia, MO, for construction 

of a healthcare facility ....................................................................... 250,000

Boston College, Chestnut Hill, MA, for renovations to Higgins Hall 

medical research facilities ................................................................. 275,000

Bowling Green—Warren County Primary Care Center, Bowling 

Green, KY for construction and equipment of a new primary care 

facility ................................................................................................. 400,000

Boys Town National Research Hospital, National Center for Pediatric Hearing Evaluation Research and Dissemination in Omaha, 

Nebraska ............................................................................................. 1,000,000

Brazos Valley Family Medical Center, Bryan, TX .............................. 100,000

Briar Cliff University, Sioux City, IA .................................................. 50,000

Broadlawns Medical Center in Des Moines, Iowa to renovate the 

emergency room ................................................................................. 1,000,000

Brookville Hospital, Brookville, PA ...................................................... 100,000

Cabot Westside Clinic, Kansas City, MO for construction ................. 500,000

Caldwell County Free Clinic, Murray, Kentucky, to expand primary 

care services to working poor families ............................................. 250,000

Camillus House, Inc., Miami, FL ......................................................... 167,000

Cancer Network of West Central Ohio, Lima, OH ............................. 1,250,000

Canonsburg General Hospital, Canonsburg, PA ................................. 300,000

Cape Cod Hospital, Hyannis, MA, for pediatric center renovation 

and expansion ..................................................................................... 100,000

Capitol City Family Health Center, Inc., Baton Rouge, LA ............... 71,000

Cardinal Stritch University, Milwaukee, WI to renovate 

Bonaventure Hall to expand nursing education programs ............. 400,000

Carilion Health System, Roanoke, VA ................................................. 520,000

Caritas St. Elizabeth’s Medical Center, Boston, MA, for constructon 

of new emergency department facilities ........................................... 450,000

Carnegie Mellon University, Pittsburgh, PA for equipment .............. 1,000,000

Carolinas Medical Center, Trauma Intensive Care Unit, Charlotte, 

NC ....................................................................................................... 980,000

Carondelet Foundation of Arizona, Tucson, AZ for the Carondelet 

St. Mary’s Hospital ............................................................................ 800,000

Case Western Reserve University, Cleveland, OH, for a Center for 

Structural Biology .............................................................................. 750,000 

Case Western Reserve University, Cleveland, OH, for Netwellness 500,000

Case Western Reserve, Cleveland, OH, for Regenerative Medicine 500,000

Cass Medical Center, Pleasant Hill, MO for construction ................. 150,000

Catholic Social Services, The Bridge, Wilkes Barre, PA for abstinence education and related services ............................................... 46,000

Center for Emergency Preparedness, SUNY Upstate Medical University, Syracuse, NY ......................................................................... 1,000,000

Center for Innovation in Behavioral Health at Alliant International 

University, San Diego, CA ................................................................. 400,000

737

Center for the Disabled, Albany, NY, for a center in Saratoga 

Springs ................................................................................................ 200,000

CentraCare Health Foundation, St. Cloud, MN for a nurse training 

program ............................................................................................... 500,000

Central New York Ear, Nose & Throat Consultants, Syracuse, NY 35,000

CentraState Health Care System, Freehold, NJ ................................. 800,000

Centre Volunteers in Medicine, State College, PA to provide primary health care to the uninsured of Centre County ..................... 125,000

Charles Cole Memorial Hospital, Coudersport, PA ............................ 100,000

Charles Drew Health Center, Inc., Omaha, NE ................................. 100,000

Cherry Street Health Services, Grand Rapids, MI ............................. 230,000

Chester County Health Department, Chester County Government 

Services Center, West Chester, PA for abstinence education and 

related services ................................................................................... 41,000

Chicago Medical School, Northern Chicago, IL ................................... 250,000

Child & Family Services, Capital Area’s Angel House Project, Lansing, MI ............................................................................................... 197,000

Child Neurology Society, Saint Paul, MN to encourage health professionals to enter the practice of child neurology .......................... 25,000

Children’s Health Fund of Mississippi to provide health care (both 

in a stationary clinic and a mobile van clinic) to underprivileged 

children in a rural, underserved area of the Mississippi Delta ..... 400,000 

Children’s Hospital and Health Center, San Diego, CA ..................... 425,000

Children’s Hospital Central California, Madera, CA .......................... 200,000

Children’s Hospital Medical Center, Akron, OH ................................. 1,500,000

Children’s Hospital of Philadelphia, Philadelphia, PA for equipment .................................................................................................... 500,000 

Children’s Hospital of Pittsburgh, Pittsburgh, PA for construction, 

renovation, and equipment ................................................................ 500,000

Children’s Hospital of the King’s Daughters Health System, Inc., 

Norfolk, VA ......................................................................................... 400,000

Children’s Hospital, Columbus, OH ..................................................... 250,000

Children’s Medical Research Institute, Pediatric Diabetes Research 

Program, Oklahoma City, OK ........................................................... 450,000

Children’s Memorial Hospital and Children’s Memorial Institute 

for Education and Research, Chicago, IL for construction, renovation, and equipment ........................................................................... 125,000

Children’s Memorial Hospital and Children’s Memorial Institute 

for Education and Research, Chicago, IL, for a new wing .............. 925,000

Children’s Specialized Hospital, Hamilton, NJ ................................... 75,000

Children’s Specialized Hospital, Mountainside, NJ ............................ 1,000,000

Children’s Specialized Hospital, Mountainside, NJ, for outpatient 

clinic of the Children’s Specialized Hospital in Fanwood, NJ ........ 100,000

Chippewa Valley Technical College in Eau Claire, Wisconsin to 

renovate and expand the Health Education Center ........................ 350,000

Cincinnati Children’s Hospital, Cincinnati, OH for equipment ......... 640,000

City of Chester, Bureau of Health, SABER Project, Chester, PA for 

abstinence education and related services ....................................... 105,000

City of El Paso, Texas, Border Health Medical Complex for construction, renovation, and equipment .............................................. 250,000

City of Homestead, Florida, for the William F. ‘‘Bill’’ Dickinson 

Senior Center ...................................................................................... 375,000

City of Milwaukee Health Department, Milwaukee, WI for a pilot 

program providing health care services to at-risk children in day 

care ...................................................................................................... 580,000

Clackamas County Public Health Division, Oregon City, OR, for 

construction and equipment .............................................................. 50,000

Clark State Community College, Springfield, OH .............................. 550,000

Clearwater Valley Hospital and Clinics, Inc., Orofino, ID for equipment .................................................................................................... 500,000

Cleveland Clinic Foundation, Cleveland, OH, for Minority Men’s 

Health Center ..................................................................................... 1,000,000

Cleveland Clinic Foundation, Cleveland, OH, for Heart Center 

project .................................................................................................. 2,000,000

Clinton Memorial Hospital Regional Hospital, Wilmington, OH ...... 700,000

Colby Community College, Colby, KS .................................................. 250,000

738

Cold Spring Harbor Laboratory in New York for a Women’s Cancer 

Genomics Center ................................................................................ 1,000,000

Colorado State University, Fort Collins, CO ....................................... 1,850,000

Commun-I-Care, Columbia, SC, to support a program that distributes prescription drugs to low income, uninsured South Carolinians ................................................................................................. 500,000

Community College of Southern Nevada, Las Vegas, NV to construct a new health sciences building .............................................. 500,000

Community Free Clinic of Decatur-Morgan County, Inc., Decatur, 

AL ........................................................................................................ 50,000

Community Health Access Project, Mansfield, OH, to expand their 

program to assist pregnant woman .................................................. 176,000 

Community Health Centers in Iowa .................................................... 600,000

Community Health Centers of Colorado, Denver, CO for renovation 

and construction ................................................................................. 500,000

Community Health Centers of Jefferson Parish, River Ridge, LA .... 100,000

Community Health Centers of Pinellas, Inc., St. Petersburg, FL ..... 1,250,000

Community HealthCare Association of the Dakotas in Sioux Falls, 

South Dakota to integrate information systems of CHCs and 

FQHCs in the Dakotas ...................................................................... 250,000

Community Medical Center Healthcare System, Scranton, PA for 

equipment ........................................................................................... 250,000

Community Memorial Hospital in Staunton, IL for construction 

and equipment .................................................................................... 150,000

Community Nurses, Inc., St Marys, PA, for a telehealth project in 

six communities .................................................................................. 100,000

Community Prevention Partnership of Berks County, Nurse Family 

Partnership Program, Reading, PA for a program to aid in 

healthy outcomes for pregnant low-income mothers ....................... 150,000

Condell Medical Center, Libertyville, IL ............................................. 200,000

Conemaugh Health System, Johnstown, PA for equipment .............. 400,000

Cook Inlet Tribal Council, Inc. for construction of health care facilities for Alaska natives in the Anchorage area ................................ 4,000,000

Cooley Community Hospital, Grand Coulee, WA ................................ 250,000

Cooper Green Hospital, Birmingham, AL for equipment ................... 200,000

Copper Queen Community Hospital, Bisbee, AZ ................................ 1,000,000

Corry Memorial Hospital, Corry, PA for equipment ........................... 200,000

County Commission of Raleigh County, West Virginia to complete 

the Educational Mall facility in Beckley, WV .................................. 4,000,000

Coushatta Tribe of Louisiana, Jefferson Davis Parish, Louisiana for 

a tribal wellness center ..................................................................... 850,000

Crouse Hospital, Syracuse, NY ............................................................. 400,000 

Crozer Keystone Health System, Upland, PA for ChesPenn Health 

Services to provide medical services to the most impoverished 

and medically needy .......................................................................... 100,000

Cumberland University, Lebanon, TN for construction, renovation, 

and equipment .................................................................................... 175,000

Cuyahoga Community College, Cleveland, OH ................................... 300,000

Dana-Farber Cancer Institute, Boston, MA, for the design and construction of a clinical care and research facility .............................. 575,000

Dartmouth-Hitchcock Medical Center, Lebanon, NH, for construction and equipment ............................................................................ 1,000,000

Dauphin County Department of Human Services, Dauphin County, 

PA to provide mobile health clinics in Dauphin County ................. 100,000

Deaconess Billings Clinic, Northwest Area Center for Studies on 

Aging, Billings, MT for a program to manage chronic illness in 

the rural aging population ................................................................ 750,000

Delaware Valley Community Health, Inc., Philadelphia, PA for construction, renovation, and equipment at the Maria de los Santos 

Community Health Center ................................................................ 100,000

Delta Dental Plan of South Dakota in Pierre, SD for equipment for 

a dental care mobile van ................................................................... 200,000

Delta Health Center, Mound Bayou, MS for construction, renovation, and equipment at the community health center in Greenville, MS .............................................................................................. 115,000

739

Delta State University, Cleveland, MS for the Delta Health Alliance, a multi-university partnership to address delta health 

problems .............................................................................................. 1,800,000

Detroit-Wayne County Health Authority of Michigan to assess regional healthcare best practices initiatives ...................................... 500,000

Diakon Lutheran Social Ministries, Mechanicsburg, PA for abstinence education and related services ............................................... 136,000

Diakon Lutheran Social Ministries, Topton, PA for abstinence education and related services ................................................................ 95,000

Domestic Violence Project, Inc., Canton, OH ...................................... 390,000

Door of Hope, Madisonville, KY for abstinence education and related services ...................................................................................... 100,000

Dr. Arenia C. Mallory Community Health Center, Inc., Lexington, 

MS for rural women’s health services .............................................. 400,000

DuBois Regional Medical Center, DuBois, PA .................................... 300,000

East Tennessee Children’s Hospital, Knoxville, TN ........................... 200,000

East Tennessee State University James H.Quillen College of Medicine, Johnson City, TN ...................................................................... 500,000

Eastern Connecticut Health Network, Manchester, CT ..................... 300,000

Eastern Oregon University Rural Frontier Delivery Program for 

continuation and expansion of a program that provides educational sources and training for nurses who live and work in 

rural communities .............................................................................. 100,000

Eastern Shore Rural Health System, Inc., Nassawadox, VA ............. 350,000

Ed Roberts Campus in Berkeley, CA for a clinic and rehabilitation 

center for people with disabilities ..................................................... 500,000

Edgemoor Hospital, Santee, CA ........................................................... 500,000

Elliot Hospital, Manchester, NH .......................................................... 1,000,000

Englewood High School, Chicago IL, for a clinic ................................. 1,500,000

Ephrata Community Hospital, Ephrata, PA ....................................... 300,000

Erie County Medical Center, Buffalo, NY for construction, renovation, and equipment ........................................................................... 500,000

Excelsior Springs Medical Center Outpatient and Wellness Clinic, 

Excelsior Springs, MO ....................................................................... 769,000

Fairbanks Community Clinic, Fairbanks, AK ..................................... 650,000

Fairbanks Memorial Hospital, Fairbanks, AK for construction and 

equipment ........................................................................................... 1,200,000

Fairview Health System, Minneapolis, MN for an electronic medical record system ............................................................................... 100,000 

Family Health Council, Inc., Seneca, PA ............................................. 100,000 

Florida A&M University for a Center for Community Health .......... 800,000 

Florida Cancer Research Cooperative, University of South Florida, 

Tampa, FL .......................................................................................... 500,000 

Florida Emergency Medicine Foundation, Orange County, FL ......... 100,000 

Florida Hospital College of Health Sciences, Orlando, FL ................. 100,000 

Forbes Regional Hospital, Monroeville, PA ......................................... 500,000 

Foundation for eHealth Initiative, Washington, DC .......................... 3,000,000 

Fox Chase Cancer Center and The University of Maryland 

Greenebaum Cancer Center for the American Russian Cancer Alliance to establish a long term collaborative program for research, clinical activities and education ........................................... 650,000

Fox Chase Cancer Center, Philadelphia, PA for construction, renovation, and equipment ..................................................................... 750,000

Franklin and Marshall College, Lancaster, PA for construction, 

renovation, and equipment ................................................................ 400,000 

Franklin County Memorial Hospital, Meadville, MS ......................... 250,000 

Free Clinic of Doylestown, PA .............................................................. 200,000 

Free Clinic of Owensboro, Owensboro, KY for healthcare services 

in rural areas ...................................................................................... 100,000 

Free Clinics of Iowa in Des Moines to support a network of free 

clinics .................................................................................................. 100,000

Gateway Healthcare, Inc, Pawtucket, RI for construction, renovation, and equipment ........................................................................... 100,000 

Geer Woods, Inc., Canaan, CT .............................................................. 700,000 

Geisinger Health System, Danville, PA, for the catheterization lab 

at the Geisinger Wyoming Valley Heart Hospital ........................... 500,000

Geisinger Health System, Danville, PA, to construct the Center for 

Health Research ................................................................................. 1,000,000

740

George Mason University Krasnow Institute, Fairfax, VA ................ 225,000

George Washington Carver Community Center, Project A.C.E., 

Norristown, PA for abstinence education and related services ...... 86,000

Georgia Infirmary, Inc., Savannah, GA ............................................... 50,000

Georgia Southern University, Statesboro, GA, for rural nursing and 

nursing education outreach programs .............................................. 275,000

Georgia State University, Atlanta GA ................................................. 150,000

Gilda’s Club Northern New Jersey, Hackensack, NJ ......................... 500,000 

Glens Falls Hospital, Glens Falls, NY ................................................. 600,000

Good Samaritan Health Systems, Kearney, NE for the Mid-Nebraska Telemedicine Network ........................................................... 350,000

Good Samaritan Hospital, Cardiac Catheterization Laboratory, 

Lebanon, PA for construction, renovation, and equipment ............ 250,000

Good Shepherd Hospital, Allentown, PA for construction, renovation, and equipment ........................................................................... 250,000

Goodwin Community Health Center, Brunswick, GA, for the Coastal Medical Access Project ................................................................... 300,000 

Graduate Education and Applied Research Foundation in Sioux 

Falls, South Dakota to construct the Center for Graduate Education and Applied Research ............................................................. 2,000,000 

Great Mines Health Center, Potosi, MO to expand health services 

in the community ............................................................................... 250,000

Green River Medical Center, Green River, UT for construction, renovation, and equipment ..................................................................... 50,000

Greenville Hospital System, Greenville, SC to improve critical care 

in rural areas through e-ICU/Telemedicine technology .................. 500,000

Grossmont Hospital Foundation, La Mesa, CA ................................... 750,000 

Guidance Center, project RAPPORT, Ridgway, PA for abstinence 

education and related services .......................................................... 74,000

Gulf Coast Jewish Family Services, Inc., Clearwater, FL ................. 500,000 

H. Lee Moffitt Cancer Center & Research Institute, Tampa, FL ...... 3,000,000

Hackensack University Medical Center, Hackensack, NJ ................. 100,000

Hackettstown Community Hospital, Hackettstown, NJ ..................... 200,000

Hand County Memorial Hospital in Miller, South Dakota for renovation and equipment ...................................................................... 50,000

Harris Regional Hospital, Sylva, NC ................................................... 250,000 

Hawaii Primary Care Association to educate community health 

centers in utilizing telehealth equipment ........................................ 400,000

Heart Beat, Millerstown, PA for abstinence education and related 

services ................................................................................................ 51,000

Helping Hands Health Clinic, Elkton, KY for healthcare services in 

rural areas .......................................................................................... 100,000

Hi-Desert Medical Center, Joshua Tree, CA ....................................... 750,000

Hillcrest Health System, Tulsa, OK for inner city clinic ................... 570,000

Hillsdale Community Health Center, Hillsdale, MI ........................... 58,000 

Holmes County Board of Supervisors for construction of the Robert 

G. Clark Health Complex, Lexington, MS ....................................... 400,000

Holy Cross Hospital, Ft. Lauderdale, FL ............................................. 300,000

Holy Name Hospital in Teaneck, NJ for an Emergency Room .......... 300,000 

Holy Redeemer Health System, Philadelphia, PA for construction, 

renovation, and equipment ................................................................ 100,000

Hope Hospice for Southwest Florida, Ft. Myers, FL .......................... 600,000 

Hopewell Therapeutic Farm Community, Mesopotamia, OH ............ 390,000 

Horn Memorial Hospital, Ida Grove, IA .............................................. 200,000 

Hospice and Palliative Care, Inc., New Hartford, NY ........................ 40,000 

Hudson Headwaters Health Network, Glen Falls, NY ....................... 200,000

Hunterdon County Medical Center, Flemington, NJ .......................... 300,000

Huntsville Hospital, Huntsville, AL ..................................................... 400,000 

Hutcheson Medical Center, Inc., Ringgold, GA ................................... 500,000 

Idaho Commission on Nursing and Nursing Education, Idaho Falls, 

ID, to initiate the Nursing Leadership and Workforce Network 

project .................................................................................................. 250,000

Idaho State University, Pocatello, ID for the Idaho Telehealth Integrated Care Center ............................................................................ 1,500,000

Inland NW Health System in Spokane, WA, to provide online telepharmacy services to rural hospitals and clinics ............................. 750,000

Inova Health System, Falls Church, VA, for the Claude Moore 

Health Education Center ................................................................... 450,000

741

Institute for Cancer Prevention in New York, NY for facility improvements and equipment ............................................................... 3,000,000

Integris Baptist Regional Health Center, Women’s Center, Miami, 

OK for construction and equipment ................................................. 400,000 

INTEGRIS Canadian Valley Regional Hospital, Yukon, OK ............. 600,000 

INTEGRIS Health, Oklahoma City, OK for the Rural Oklahoma 

Telemedicine Expansion program ..................................................... 75,000

Iowa Caregivers Association for training and support of certified 

nurse assistants ................................................................................. 100,000

Iowa Department of Public Health to continue the Center for 

Healthcare Workforce Shortages ...................................................... 775,000

J. Joseph Moakley Medical Services Building, Boston Medical Center, Boston, Massachusetts ................................................................ 800,000

Jackson Health System, Miami, FL, for the Center for Patient 

Safety .................................................................................................. 125,000

Jackson State University, Jackson, MS to develop a Southern Institute for mental health research and training .................................. 1,000,000

James Whitcombe Riley Hospital for Children, Indianapolis, IN ...... 200,000

Jefferson Comprehensive Health Center, Fayette, MS for construction and equipment ............................................................................ 115,000

Joel Pomerene Hospital, Millersburg, OH ........................................... 750,000

Jordan Valley Community Health Center, Springfield, MO .............. 315,000

Jordan Valley Community Health Center, Springfield, MO to expand health services in the community ........................................... 200,000

Kansas State University, Manhattan, KS, for equipment ................. 500,000

Kauai Community Health Center in Hawaii to set up a satellite 

clinic .................................................................................................... 50,000

Kaweah Delta Health Care District, Visalia, CA ................................ 500,000

Kent County Visiting Nurses Association (VNA Care New England), Warwick, RI, to provide laptop computers for home health 

nurses .................................................................................................. 100,000

Kentucky Communities Economic Opportunity Council, Inc., 

Barbourville, KY ................................................................................ 225,000

Keystone Central School District, Central Mountain Middle School 

East, Mill Hall, PA for abstinence education and related services 79,000

Keystone Economic Development Corporation, Johnstown, PA for 

abstinence education and related services ....................................... 88,000

Keystone Health Center, Chambersburg, PA ...................................... 100,000

KidsPeace Children’s Hospital, Orefield, PA ....................................... 300,000

KidsPeace of Georgia, Orefield, PA ...................................................... 500,000

Klamath Health Partnership, Klamath Falls, OR for construction, 

renovation, and equipment ................................................................ 50,000

Knox Community Hospital, Mt. Vernon, OH ...................................... 800,000

Knox County Senior Citizen’s Home Assistance Service Broadway 

Center, Knoxville, TN ........................................................................ 200,000

Kuakini Hospital Research Facility for renovation and expansion ... 50,000

L.V.C.P.T.P., St. Luke’s Health Network, CHOICE program, Bethlehem, PA for abstinence education and related services ............... 92,000

La Crosse Medical Health Science Consortium, La Crosse, WI to 

expand the Virtual Health Center program to additional counties 

in Wisconsin ....................................................................................... 275,000

Lackawanna College, Scranton, PA, for construction, renovation 

and equipment .................................................................................... 350,000

Lackawanna Trail School District, Factoryville, PA for abstinence 

education and related services .......................................................... 74,000

Lake Erie College of Osteopathic Medicine, Erie, PA ........................ 434,000

Lake Erie Research Institute, Inc., Girard, PA for equipment .......... 25,000

Lancaster General Women & Babies Hospital, Lancaster, PA for 

equipment ........................................................................................... 250,000

Landmark Medical Center, Woonsocket, RI for construction, renovation, equipment ............................................................................. 600,000

Lane County Public Health Facilities will use the funds to expand 

and enhance its public health facilities to better respond to public health crises including acts of bioterrorism ................................ 75,000

Langlade Memorial Hospital in Antigo, Wisconsin for a four-county 

dental project ...................................................................................... 300,000

Langston University, Langston, OK .................................................... 300,000

742

Lapeer Regional Hospital, Lapeer, MI ................................................. 15,000

LaSalle University, Philadelphia PA for abstinence education and 

related services ................................................................................... 112,000

Lawrence General Hospital, Lawrence, MA, for emergency and surgical department expansion .............................................................. 100,000

Le Bonheur Children’s Medical Center, Memphis, TN for a pediatric mobile unit—CHAMPS ............................................................. 1,200,000

Lehigh Valley Hospital, Allentown, PA for construction, renovation, 

and equipment .................................................................................... 750,000 

Life Enrichment Center, Shelby, NC, for Kings Mountain Center ... 50,000

Life with Cancer-Inova Fairfax Hospital, Falls Church, VA ............. 500,000

Little Flower Free Clinic, Hazard, KY for healthcare services in 

rural areas .......................................................................................... 100,000

Lodi Community Hospital, Lodi, OH ................................................... 2,000,000

Louisiana State University Health Sciences Center in Shreveport 

to expand its clinical initiatives that focus on the Brain Institute 

of the South ........................................................................................ 500,000

Louisiana State University Health Sciences Center, Baton Rouge, 

LA, for a Diabetes Foot Program ...................................................... 72,000 

Louisiana State University Health Sciences Center, New Orleans, 

LA, to continue and expand the development of the Center for 

Acadiana Genetics and Hereditary Health Care ............................. 600,000

Louisiana State University Health Sciences Center, Shreveport, 

LA, for the Emergency Care Center ................................................. 250,000

Lourdes Hospital, Paducah, KY for emergency department renovations and equipment .......................................................................... 500,000

Loyola University Medical Center, Maywood, IL for construction 

and equipment .................................................................................... 100,000

Lycoming County Crippled Children’s Society, Inc., Williamsport, 

PA ........................................................................................................ 50,000 

Madison County Memorial Hospital, Madison, FL ............................. 250,000 

Magee Women’s Hospital of Pittsburgh, PA for construction, renovation, and equipment ..................................................................... 1,000,000

Malone College, Canton, OH ................................................................ 1,000,000

Marceline Economic Development Committee, Marceline, MO to expand health services in the community ........................................... 200,000

Marcus Institute, Atlanta, GA .............................................................. 750,000

Margaretville Memorial Hospital, Margaretville, NY ........................ 200,000

Maria de los Santos Community Health Center, Philadelphia, PA 

for construction, renovation and equipment .................................... 100,000

Marianjoy Rehabilitation Hospital, Wheaton, IL ................................ 1,000,000

Mario Lemieux Foundation, Pittsburgh, PA for construction, renovation, equipment of hospital emergency rooms for children ....... 200,000

Marion Regional Medical Center-Hamilton Hospital, Hamilton, AL 300,000

Marquette University School of Dentistry, Milwaukee, WI to provide dental care in underserved rural communities through mobile dental clinics ............................................................................... 350,000

Marshall University in West Virginia ................................................. 11,500,000 

Mary Bird Perkins Cancer Center, Baton Rouge, LA ........................ 71,000

Masonic Medical Research Laboratory, Utica, NY ............................. 800,000

Maui Community Health Center to expand the community health 

center ................................................................................................... 350,000

McAuley Clinic, Owensboro, KY for health services in rural areas 100,000

Medical College of Georgia, Cancer Research Center, Augusta, GA 1,275,000

Medical College of Wisconsin, Milwaukee, WI .................................... 1,500,000

Medical University of South Carolina Oncology Center in Charleston, SC for facility improvements and equipment ........................... 4,000,000

Medina Health Ministry, Medina, OH ................................................. 34,000

Medina Works, Medina, OH ................................................................. 130,000 

Meeting Street National Center of Excellence, South Providence, RI 100,000

Memorial Health University Medical Center, Savannah, GA ........... 1,300,000

Memorial Hermann Healthcare System, Houston, TX ....................... 2,000,000

Memorial Hospital, Inc., Towanda, PA ................................................ 200,000

Memorial Medical Center Foundation in Las Cruces, New Mexico 

for a mobile health clinic for the New Mexico Children’s Health 

Project ................................................................................................. 150,000

Memorial Medical Center, Springfield, IL ........................................... 550,000

743

Memphis Biotech Foundation, Memphis, TN for construction, renovation, and equipment ..................................................................... 4,000,000

Mercy Foundation, Midwest Rural Telemedicine Consortium, Des 

Moines, IA ........................................................................................... 650,000 

Mercy Health Foundation, Durango, CO for equipment .................... 50,000

Mercy Health Partners, Scranton, PA to provide computerized access to clinical information at the point of care, and to implement 

a computerized physician order entry system that will make 

medication and other medical orders more accessible .................... 150,000

Mercy Hospital of Pittsburgh, Pittsburgh, PA for abstinence education and related services ................................................................ 111,000

Mercy Hospital, Cadillac, MI ................................................................ 225,000

Mercy Medical Center, Canton, OH ..................................................... 1,000,000

Mercy Medical Center, Des Moines, IA ............................................... 800,000

Mercy Medical Center, Renal Dialysis, Durango, CO for construction and equipment ............................................................................ 500,000

Mercy Medical Center, Springfield, MA, for upgrades to intensive 

and critical care units and procurement of medical equipment ..... 425,000

Methodist Hospital, Houston, TX ......................................................... 750,000

Methodist Hospital, Henderson, KY for healthcare services for underserved children .............................................................................. 100,000

Miami Children’s Hospital, Miami, FL, for the Pediatric Brain 

Tumor and Neurological Disease Institute ...................................... 167,000

Michigan Research Institute, Ann Arbor, MI, for research and development of medical technologies .................................................... 400,000

Middle Tennessee State University, Murfreesboro, TN for construction, renovation, and equipment ....................................................... 1,000,000

MidMichigan Medical Center-Midland, MI ......................................... 100,000

Midtown Community Health Center, Weber County, UT for construction, renovation, and equipment .............................................. 150,000

Midwestern University, Chicago College of Pharmacy, Downers 

Grove, IL ............................................................................................. 200,000

Miller’s Children’s Hospital, Long Beach, CA ..................................... 250,000

Milwaukee Area Technical College, Milwaukee, WI for construction 

and equipment purchases for two satellite campus nurse training 

program ............................................................................................... 200,000

Mississippi Band of Choctaw Indians, Choctaw, MS for planning, 

construction, and renovation of the Mississippi Band of Choctaw’s Health Care Center .................................................................. 600,000

Mississippi Blood Services, Jackson, MS for equipment .................... 65,000

Mississippi Primary Health Care Association, Jackson, MS to develop partnerships among rural health care providers to plan for 

and improve rural health care infrastructure ................................. 140,000

Missouri Baptist Hospital, Sullivan, MO for renovation and equipment .................................................................................................... 31,000

Mobile Health Command, Toledo, OH to purchase and equip a specialized emergency health vehicle ..................................................... 100,000

Modoc Indian Health Project, Alturas, CA, for the Modoc Medical 

Center and Surprise Valley District Hospital ................................. 200,000

Mon Valley Hospital, Monongahela, PA for construction, renovation, and equipment ........................................................................... 250,000

Montefiore Medical Center, Clinical Information System, Bronx, 

NY for equipment ............................................................................... 100,000

Moorefield Wellness Project, Petersburg, WV, for health care assistance to Viral population .............................................................. 129,000

Moran Eye Center, Salt Lake City, UT for construction, renovation 

and equipment .................................................................................... 150,000

Morehouse School of Medicine, Atlanta, GA for construction and 

renovation ........................................................................................... 75,000 

Moses Taylor Hospital in Scranton, PA for construction, renovation, and equipment ........................................................................... 300,000

Motion Picture and Television Fund (MPTF), Washington, D.C. for 

construction, renovation and equipment of a health care complex 

with emphasis on geriatric research ................................................ 900,000

Mount Sinai Medical Center, New York, NY for equipment ............. 100,000

Mountain Area Hospice, Asheville, NC ............................................... 750,000

744

Mountaineer Community Health and Senior Center, Berkeley 

Springs, WV ........................................................................................ 175,000

Mountaintop Area Medical Center, Snow Shoe, PA ........................... 150,000

Mt. San Jacinto College, Menifee Valley Campus, Menifee, CA ....... 100,000

Multi Dimensional Imaging, Inc., Newport Beach, CA for equipment .................................................................................................... 500,000

Murphy Medical Center, Inc., Murphy, NC ......................................... 1,000,000

National Jewish Medical and Research Center, Denver, CO ............ 800,000

National Nursing Centers Consortium, Philadelphia, PA to conduct 

a demonstration project to standardize services in nurse managed health and wellness centers ..................................................... 100,000

Navajo Health Foundation/Sage Memorial Hospital, Ganado, AZ .... 500,000

Nazareth Hospital, Center for Stroke Treatment and Prevention, 

Philadelphia, PA for construction, renovation, and equipment ..... 250,000

Neighborhood United Against Drugs, Philadelphia, PA for abstinence education and related services ............................................... 136,000

Nesbitt Memorial Medical Center, Kingston, PA to fund the Behavioral Health Services D/B/A Family Enhancement Center that 

would provide registered nurses and an administrator .................. 50,000

Neumann College, Aston, PA, for construction, renovation, and 

equipment ........................................................................................... 50,000

Nevada Cancer Institute, Las Vegas, NV for construction, renovation, and equipment ........................................................................... 350,000

Nevada Rural Health Partners, Reno, NV, in consultation with NV 

Institute of Research & Technology, to expand and improve rural 

telemedicine ........................................................................................ 500,000

New Brighton School District, New Brighton, PA for abstinence 

education and related services .......................................................... 23,000

New York Academy of Medicine, New York, NY for construction, 

renovation, and equipment ................................................................ 100,000

New York College of Medicine, New York, New York for construction, renovation, and equipment ....................................................... 100,000

New York University Medical Center for construction of a vaccine 

lab ........................................................................................................ 1,000,000

Niagara Falls Memorial Hospital to construct an Emergency and 

Cardiac Center ................................................................................... 1,000,000

North Idaho Rural Health Consortium (NIRHC) for a distance 

healthcare access program ................................................................ 650,000

North Philadelphia Health System, Philadelphia, PA for equipment 100,000 

Northeast Health, Rockland, ME for construction, renovation, and 

equipment ........................................................................................... 150,000 

Northeast Mississippi Health Care, Inc., Byhalia, MS ...................... 240,000

Northeast Wisconsin Technical College, Green Bay, WI for equipment for new dental lab .................................................................... 200,000

Northeastern Ohio Universities College of Medicine (NEOUCOM), 

Rootstown, OH ................................................................................... 500,000

Northern Duchess Hospital, Rhineback, NY, for building renovations ..................................................................................................... 400,000

Northern Illinois University Center for the Study of Family Violence and Sexual Assault, DeKalb, IL .............................................. 750,000

Northern Illinois University, Family Health Wellness & Literacy 

Center, DeKalb, IL ............................................................................. 3,000,000

Northern Illinois University, NIU Institute for Neutron Therapy at 

Fermi Lab, DeKalb, IL ...................................................................... 900,000 

Northwest College, Mark and Huldah Buntain School of Nursing, 

Kirkland, WA ...................................................................................... 250,000

Northwest Pennsylvania Optical Clinic, Erie, PA to establish clinics and train volunteer staff to provide eyeglasses to poor and indigent individuals ............................................................................... 50,000

Northwestern Memorial Hospital, Chicago, IL ................................... 350,000 

Northwestern University, Center for Genomics and Molecular Medicine, Evanston, IL ............................................................................. 725,000

Norton Healthcare for Kosair Children’s Hospital, Louisville, KY ... 700,000

Norwalk Health System, Norwalk, CT ................................................ 200,000

Nueva Esperanza, Philadelphia, PA for abstinence education and 

related services ................................................................................... 72,000

745

Nursing Institute of West Central Ohio, Wright State University, 

Dayton, OH ......................................................................................... 525,000

Nye County, Nevada, Ambulances for emergency health care in 

rural areas .......................................................................................... 100,000 

Oakwood Healthcare System, Dearborn, MI ....................................... 500,000

Ochoco Community Clinic, Prineville, OR, for construction and 

equipment ........................................................................................... 50,000

Office of the Advocate for Patients of Puerto Rico, to acquire mobile 

offices and telecommunications equipment ...................................... 400,000

Ohio Board of Regents, Columbus, OH to connect Ohio’s children’s 

hospitals and select community hospitals with Ohio’s academic 

medical centers via the Third Frontier Network ............................. 3,400,000

Ohio State University, College of Medicine & Public Health, Columbus, OH ......................................................................................... 1,350,000

Ohio State University, Ohio Agricultural Research and Development Center, Wooster, OH ................................................................ 1,000,000 

Ohio Super Computing Center (OSC), Columbus, OH ....................... 350,000

Ohio University, Athens, OH ................................................................ 250,000

Oklahoma Medical Research Foundation, Oklahoma City, Oklahoma, for the Native American Genetics Initiative ........................ 500,000

Oklahoma State University Rural Health Policy and Research Center, Stillwater, OK ............................................................................. 280,000

Oregon Community Health Information Network, Portland, OR, for 

construction, renovation, and equipment at Community Health 

Centers ................................................................................................ 50,000

Orthopaedic Hospital of Los Angeles ................................................... 1,000,000

OSF Saint James-John W. Albrecht Medical Center, Pontiac, IL ..... 350,000

Palliative Care Center and Hospice of the North Shore, Evanston, 

IL ......................................................................................................... 300,000

Paradise Valley Hospital, National City, CA ...................................... 100,000

Partners for Healthier Tomorrows, Ephrata, PA for abstinence education and related services ................................................................ 50,000

Partners in Family and Community Development, Athens, PA for 

abstinence education and related services ....................................... 72,000

Penn State, Milton S. Hershey Medical Center, Division of Gastroenterology & Hepatology, Hershey, PA for renovation and equipment .................................................................................................... 975,000

Penn State, Milton S. Hershey Medical Center Division of 

Gastroenterology and Hepatology for gastroparesis ....................... 25,000

Pennsylvania College of Optometry, Elkins Park, PA to provide 

equipment and program costs associated with developing a network of satellite optometric centers to meet the eye and vision 

care needs of urban under underserved and high-risk populations 100,000

Pennsylvania Home Care Association, Lemoyne, PA to investigate 

the impact of telehealth on the overall cost of patient health care 250,000

Peoples Health Center, Inc., Lincoln NE ............................................. 700,000 

People’s Health Centers, Inc. St. Louis, MO for construction, renovation, and equipment ..................................................................... 400,000

Perseus House, Inc., Erie, PA for abstinence education and related 

services ................................................................................................ 50,000

Philadelphia College of Osteopathic Medicine (PCOM), Philadelphia, PA to provide health outreach to the residents of Sullivan 

County and rural medicine education .............................................. 350,000

Philipsburg Hospital, Philipsburg, PA ................................................. 250,000

Phoebe Putney Memorial Hospital, Albany, GA for construction ...... 75,000

Pike Market Medical Center in Seattle, WA, to enable the necessary tenant improvements required to serve numerous patients 500,000

Pines of Peace, Inc., Ontario, NY ......................................................... 15,000

Placer County, Auburn, CA .................................................................. 750,000

Plumas County Seniors Nutrition Program, Plumas, CA .................. 250,000

Policy Institute for Integrative Medicine, Philadelphia, PA for 

equipment ........................................................................................... 50,000

Polk County 911 Dispatch Center, Bolivar, MO ................................. 250,000

Polk County, FL ..................................................................................... 500,000

Pondera Medical Center, Conrad, MT for construction, renovation, 

and equipment .................................................................................... 500,000

Port Huron Hospital, Port Huron, MI .................................................. 400,000

746

Portneuf Medical Center, Pocatello, ID, for Center for Cardiac and 

Vascular Services ............................................................................... 700,000

Potter County Human Services, Roulette, PA for abstinence education and related services ................................................................ 50,000

Prentiss Regional Hospital, Prentiss, MS ............................................ 200,000

Presbyterian Home, New Hartford, NY ............................................... 200,000

Presbyterian Medical Services, Carlsbad, NM .................................... 1,500,000

Preventive Medicine Research Institute, Sausalito, CA ..................... 150,000

Prince George’s County Community Health Center, to create community based health clinics in targeted communities .................... 200,000

Proctor Hospital, Peoria IL ................................................................... 550,000

Project Reality, Glenview, IL for abstinence education and related 

services ................................................................................................ 50,000

Provena Health Systems, Mokena, IL ................................................. 2,170,000

Provena Mercy Center, Aurora, IL ....................................................... 4,000,000 

Providence Community Health Centers, Providence, RI for construction, renovation, and equipment .............................................. 100,000

Public/Private Ventures, Philadelphia, PA for Nurse-Family Partnership sites in Reading, Luzerne and Erie .................................... 150,000

Rainbow Babies & Children’s Hospital, Cleveland, OH for equipment .................................................................................................... 900,000

Rape and Victim Assistance Center of Schuykill County, Pottsville, 

PA for abstinence education and related services ........................... 71,000

Real Commitment, Gettysburg, PA for abstinence education and related services ...................................................................................... 82,000

Red Wing Medical Center, Red Wing, MN .......................................... 600,000

Regional Health Care Clinic Inc., Sedalia, MO to expand health 

services in the community ................................................................. 300,000

Rice University, Houston, TX ............................................................... 1,250,000

River Hospital, Alexandria Bay, NY .................................................... 300,000

Riverside Community College District, Riverside, CA ....................... 134,000

Rocking Horse Children’s Health Center, Springfield, OH for construction .............................................................................................. 450,000

Rosebud Sioux Tribe in Rosebud, South Dakota for rural ambulance service operations ..................................................................... 250,000

Rural Health Association, La Grande Urgent Care/Family Practice 

Clinic, Grande, OR for construction and equipment ....................... 50,000 

Rural Wisconsin Health Cooperative, Sauk City, WI to expand telehealth activities for clinics and hospitals in rural Wisconsin ........ 115,000

Rush University Medical Center, Chicago, IL ..................................... 300,000

Rush-Copley Medical Center, Aurora, IL ............................................ 1,000,000 

Rutgers University Genetics Building ................................................. 1,000,000 

Sacred Heart Hospital, Allentown, PA for construction, renovation, 

and equipment .................................................................................... 750,000

Sacred Heart Medical Center Foundation, Spokane, WA .................. 500,000 

Saginaw Chippewa Tribe of Michigan for the Victims of Crime program .................................................................................................... 750,000

Saint Elizabeth Health Center, Youngstown, OH for construction, 

renovation, and equipment ................................................................ 400,000

Saint Francis Hospital, Poughkeepsie, NY .......................................... 350,000

Saint Joseph Medical Center, Reading, PA for construction, renovation, and equipment ........................................................................... 750,000

Samuel U. Rodgers Community Health Center, Kansas City, MO 

for construction, renovation and equipment .................................... 500,000

San Joaquin Community Hospital, Bakersfield, CA ........................... 250,000

San Miguel County, Public Health Building, Las Vegas, NM for 

construction ........................................................................................ 750,000

San Ysidro Health Center in California .............................................. 335,000

Sarah D. Culbertson Memorial Hospital in Rushville, IL .................. 200,000

School District of Lancaster, Project IMPACT, Lancaster, PA for 

abstinence education and related services ....................................... 101,000

School District of Philadelphia, Philadelphia, PA for abstinence 

education and related services .......................................................... 102,000

Sciperio, Stillwater, OK ........................................................................ 100,000

Scottsdale Healthcare Trauma Center, Scottsdale, AZ ...................... 500,000

Seton Hall University, Life Science and Technology Center, South 

Orange, NJ ......................................................................................... 150,000 

Shamokin Area Community Hospital, Coal Township, PA ................ 300,000

747

Shands Jacksonville Hospital, Jacksonville, FL ................................. 1,000,000

Shepherd’s Maternity House Inc., East Stroudsburg, PA for abstinence education and related services ............................................... 50,000

Sickle Cell Association of Kentuckiana, University of Louisville, 

Louisville, KY ..................................................................................... 20,000

Silver Ring Thing, Sewickley, PA for abstinence education and related services ...................................................................................... 400,000

Sinai Hospital, Baltimore, MD, renovate the hospital maternity facility ..................................................................................................... 200,000

Somerset Medical Center, Somerville, NJ, for cancer center ............. 500,000

Somerset Medical Center, Somerville, NJ, for emergency department .................................................................................................... 500,000

South Shore Hospital, South Weymouth, MA for emergency department expansion and renovations ...................................................... 150,000

Southeast Community College, Cumberland, KY ............................... 750,000

Southern Illinois University, School of Medicine, Springfield, IL ..... 150,000

Springfield Regional Medical Center, Springfield, OH ....................... 475,000

St. Alphonsus Regional Medical Center, Boise ID for the St. 

Benedicte’s Family Medical Center, Jerome, ID ............................. 500,000

St. Anthony Hospital, Oklahoma City, OK, for construction, renovation, equipment ............................................................................. 75,000

St. Anthony’s Health Care Foundation, St. Petersburg, FL .............. 2,500,000

St. Anthony’s Medical Center, St. Louis, MO ..................................... 350,000

St. Clair County Senior Citizens Center, Ragland, AL ...................... 75,000

St. James-Santee Family Health Center, Inc., McClellanville, SC ... 200,000

St. Joseph College of Nursing & Allied Health, University of St. 

Francis, Joliet, IL ............................................................................... 150,000

St. Joseph Hospital, Nashua, NH ........................................................ 1,500,000

St. Joseph Regional Health Network, Reading, PA ............................ 200,000

St. Jude Children’s Research Hospital, Memphis, TN for equipment 400,000

St. Louis University, Biodefense Research Facility, St. Louis, MO 

for construction, renovation, and equipment ................................... 800,000 

St. Luke Community Clinic, Front Royal, VA ..................................... 100,000

St. Luke’s Cornwall Hospital, Newburgh, NY ..................................... 150,000

St. Luke’s Hospital, Allentown, PA for construction, renovation, 

and equipment .................................................................................... 800,000

St. Luke’s Hospital, Houston, TX for equipment ................................ 750,000

St. Luke’s Regional Medical Center, Ltd., Boise, ID .......................... 250,000

St. Mary Medical Center in California for minority cancer early detection and treatment program ......................................................... 100,000

St. Mary-Corwin Medical Center, Pueblo, CO for equipment ............ 200,000

St. Mary’s Hospital in Connecticut for renovation of emergency 

room facilities ..................................................................................... 300,000

St. Mary’s Medical Center in Huntington, West Virginia, to expand 

public access to automated external defibrillators in Cabell, Lincoln and Wayne counties ................................................................... 360,000

St. Mary’s Medical Center of Campbell County, TN for construction, renovation, and equipment ....................................................... 500,000

St. Nicholas Family Free Clinic, Paducah, KY for healthcare services in rural areas .............................................................................. 100,000

St. Petersburg College, St. Petersburg, FL, for dental, prosthetics 

and orthotics programs ...................................................................... 2,000,000

St. Vincent Healthcare Foundation, Billings, MT for construction 

and equipment .................................................................................... 500,000

STAT MedEvac, West Mifflan, PA ....................................................... 1,000,000

Staywell Healthcare, Inc., Waterbury, CT .......................................... 200,000

StemCyte Research Institute, Arcadia, CA ......................................... 1,000,000

Stewart-Marchman Center, Inc., Bunnell, FL .................................... 100,000

Stoughton Hospital Foundation in Stoughton, Wisconsin for 

defibrillators ....................................................................................... 30,000

Summa Health System, Akron, OH ..................................................... 950,000

Susquehanna Health System, Williamsport, PA for upgrades to the 

clinical medical record system .......................................................... 500,000

Targeted Abstinence Project—McCap, Kansas City, KS for abstinence education and related services ............................................... 200,000

Tehachapi Hospital, Tehachapi Valley Healthcare District, 

Tehachapi, CA .................................................................................... 500,000

748

Tennessee Technological University School of Nursing, Cookeville, 

TN for construction, renovation, and equipment ............................. 500,000

Texas A & M University, College Station, TX for the Rural Community Health Institute .................................................................... 250,000

Texas Southern University, College of Pharmacy and Health 

Sciences, Houston, TX, for the establishment of a health professions program ..................................................................................... 100,000

Texas Tech University Health Sciences Center, Lubbock, TX, to establish a Center for education, research and clinical services in 

cardiovascular disease and stroke .................................................... 375,000

The Children’s Health Fund, New York, New York, to improve access to health care for underserved children in Pennsylvania ....... 200,000

Thomas Jefferson University Hospital, Philadelphia, PA .................. 1,000,000

Titusville Area Hospital, Titusville, PA, for HealthWorks Bradford 200,000

To Our Children’s Future with Health, Inc., Philadelphia, PA for 

abstinence on education and related services .................................. 109,000 

Toledo Children’s Hospital, Toledo, OH for equipment ...................... 364,000

Town of Bassfield, MS for construction and equipment of a dental 

clinic .................................................................................................... 110,000

Translational Genomics Research Institute, Phoenix, AZ .................. 1,400,000

Transylvania Community Hospital, Brevard, NC ............................... 1,000,000

Tri County Women’s Network, New Carlisle, OH .............................. 200,000

Tuscarora Intermediate Unit, McVeytown, PA for abstinence education and related services ................................................................ 84,000

Tyler Memorial Hospital, Tunkhannock, PA ....................................... 400,000

Underwood and Lee Clinic, Louisville, KY .......................................... 9,000

United Medical Center, Cheyenne, WY ............................................... 250,000

University at Buffalo, State University of New York, Buffalo, NY 1,000,000

University of Akron, Medina County University Center, Akron, OH 750,000

University of Alabama at Birmingham, for construction of the 

Interdisciplinary Biomedical Sciences Research Building .............. 12,500,000

University of Alaska at Anchorage for recruitment and retention of 

Alaska Natives in nursing ................................................................. 425,000

University of Alaska at Fairbanks for the development of research 

and evaluation agendas for health care delivery in Alaska ........... 1,000,000

University of Alaska Fairbanks INPSYCH program to train Alaska 

Natives for careers in psychology ..................................................... 400,000

University of California, Irvine Health System, Orange, CA ............ 450,000

University of California, Irvine, Irvine, CA ......................................... 400,000

University of California, San Diego Medical Center, San Diego, CA 150,000

University of Charleston in Charleston, WV for a School of Pharmacy facility ....................................................................................... 4,300,000

University of Chicago Hospitals, Chicago, Illinois for construction, 

renovation, and equipment ................................................................ 125,000

University of Cincinnati Medical Center, Cincinnati, OH ................. 1,875,000

University of Florida Dental Network for Distance Learning and 

Tele-Dentistry, Gainesville, FL ......................................................... 1,500,000

University of Hawaii at Hilo for the School of Pharmacy Program 700,000

University of Illinois, College of Medicine, Rockford, IL .................... 400,000

University of Kansas Medical Research Institute, Kansas City, KS 

for equipment ..................................................................................... 100,000

University of Kansas, Lawrence, KS, Biomedical Sciences Resource 

Group, or equipment .......................................................................... 2,000,000

University of Kansas, Lawrence, KS, for equipment .......................... 500,000

University of Kentucky, Lexington, KY, for equipment ..................... 1,000,000

University of Louisville, Research Foundation, Louisville, KY, Center for Cancer Nursing Education and Research ............................ 300,000

University of Louisville, Science and Technology Research Center, 

Louisville, KY for construction and equipment ............................... 6,100,000

University of Massachusetts Memorial Hospital for the Picture 

Archiving and Communication System ............................................ 850,000

University of Massachusetts, Amherst, MA, for the construction of 

an integrative life sciences facility ................................................... 300,000

University of Minnesota, Minneapolis, MN ......................................... 700,000

University of Mississippi Medical Center, Biomedical Imaging Institute, Jackson, MS for construction and equipment ..................... 4,000,000

University of Mississippi Medical Center, Jackson, MS .................... 3,000,000

749

University of Mississippi, Oxford, MS for planning and construction ...................................................................................................... 1,810,000

University of Missouri-Kansas City, Cardiovascular Proteomics 

Center, Kansas City, MO for construction, renovation, and equipment .................................................................................................... 1,700,000

University of Nebraska Medical Center, Great Plains Oral Health 

program to recruit, train, and retain oral health providers ........... 250,000

University of Nevada-Las Vegas School of Dental Medicine for the 

purchase of dental equipment ........................................................... 1,000,000 

University of Nevada-Las Vegas, to construct biotechnology training labs ................................................................................................ 300,000

University of Nevada-Reno, for a biomedical imaging laboratory at 

the University of Nevada School of Medicine in Reno .................... 1,000,000

University of New Mexico, Albuquerque, NM for construction, renovation, and equipment ..................................................................... 4,300,000

University of North Dakota School of Medicine and Health Sciences 

to continue rural health research at the Center for Rural Health 

and Medicine in Grand Forks, ND ................................................... 1,000,000

University of North Dakota, School of Medicine and Health 

Sciences ............................................................................................... 1,000,000

University of Northern Colorado, Rocky Mountain Cancer Rehabilitation Institute, Greeley, CO for construction and equipment ....... 100,000

University of Oklahoma Health Sciences Center, Oklahoma City, 

OK, for a biomedical research center ............................................... 300,000

University of Oklahoma-Tulsa, Tulsa, OK .......................................... 350,000 

University of Oklahoma-Tulsa, Tulsa, OK for construction and 

equipment of a Research and Medical Clinic ................................... 500,000

University of Pennsylvania School of Dental Medicine, Philadelphia, PA for its minority outreach oral health initiative ................ 200,000

University of Pennsylvania, Philadelphia, PA for construction, renovation, equipment ............................................................................. 1,000,000

University of Pittsburgh at Bradford, Bradford, PA ........................... 200,000

University of Pittsburgh Medical Center, Pittsburgh, PA, for 

Northwest Hospital ............................................................................ 100,000 

University of Pittsburgh, Pittsburgh, PA for construction, renovation, and equipment ........................................................................... 1,000,000

University of Rochester Medical Center, Rochester, NY .................... 1,000,000

University of South Alabama, Mobile, AL for the Gulf Coast Cancer 

Center and Research Institute .......................................................... 3,500,000

University of South Alabama, Mobile, AL for the Office of Emerging Health Technologies to provide telemedicine services to rural 

areas in Alabama ............................................................................... 150,000

University of South Alabama, Mobile, AL for the Southwest Alabama Network for Education and Telemedicine ............................. 175,000

University of South Carolina Spartanburg Health Education Center, Spartanburg, SC .......................................................................... 200,000

University of South Dakota School of Medicine in Vermillion, SD 

for construction ................................................................................... 900,000

University of South Florida Center for Biological Defense, Tampa, 

FL ........................................................................................................ 2,500,000

University of South Florida Health Science Center, Tampa, FL ....... 1,000,000

University of South Florida, Sarasota/Manatee Campus, Sarasota, 

FL, for the Center for Advanced Health Practices and Policy Formation ................................................................................................. 700,000

University of Tennessee Graduate School of Computational Engineering, Chattanooga, Tennessee, for SimCenter project to perform simulations to study ocean/atmospheric issues associated 

with global climate ............................................................................. 1,000,000

University of Tennessee Health System, Knoxville, TN .................... 100,000

University of Tennessee High Risk Newborn Services Center, 

Knoxville, TN for construction, renovation, and equipment ........... 750,000

University of Texas at Austin for equipment ...................................... 400,000

University of Texas Health Science Center, San Antonio, TX for 

equipment ........................................................................................... 500,000 

University of Texas M.D. Anderson Cancer Center, Houston, TX .... 2,000,000

University of Texas Medical Branch, Galveston, TX for equipment 400,000

750

University of Texas Southwestern Medical Center at Dallas, Dallas, TX, for multiple sclerosis training center ................................. 950,000

University of Texas, Southwestern Medical Center at Dallas, Center for Brain Cognition and Behavior for equipment ...................... 500,000

University of Texas, Southwestern Medical Center at Dallas, for 

the Comprehensive Stroke Center .................................................... 700,000

University of Utah Telemedicine Outreach Program to develop a 

comprehensive suite of telehealth services in Utah and Intermountain West ................................................................................... 500,000

University of Vermont in Burlington, VT for a pediatric telemedicine project .......................................................................................... 150,000

University of Vermont in Burlington, VT to continue and expand 

the Office of Nursing Workforce program ........................................ 400,000 

University of Virginia Office for Telemedicine, University of Virginia Health System, Charlottesville, VA ........................................ 180,000 

University of Washington to construct a life-sciences building ......... 1,000,000

Urban Family Council, Philadelphia, PA for abstinence education 

and related services ........................................................................... 126,000

Ursuline Sisters HIV/AIDS Ministry, Youngstown, OH, to expand 

their health care and counseling services ........................................ 50,000

Valley Healthcare System, Inc., Columbus, GA .................................. 500,000

Van Andel Research Institute, Grand Rapids, MI for a good manufacturing practices facility ................................................................. 470,000

Vanderbilt Children’s Hospital, Nashville, TN for construction, renovation, and equipment ..................................................................... 200,000

Venango Economic Development Corporation, Oil City, PA .............. 400,000

Vermont Technical Colleges, Chittenden, VT, to facilitate the retention and transfer of a dental hygienist training program from the 

University of Vermont ....................................................................... 750,000

ViaHealth of Wayne-Newark-Wayne Community Hospital, Newark, 

NY ....................................................................................................... 200,000

Victim Resource Center Inc., Franklin, PA for abstinence education 

and related services ........................................................................... 41,000

Victory Memorial Hospital, Brooklyn, NY ........................................... 100,000 

Virginia Center for Health Outreach, Harrisonburg, VA ................... 590,000 

Visiting Nurse Association of Fox Valley, Aurora, IL ........................ 550,000 

Vitality Center Community Service Agency in Elko, NV for the construction of a new facility to combine all programs and services 

under one roof .................................................................................... 250,000

Waianae Coast Comprehensive Health Center for leadership training activities ....................................................................................... 50,000

Waimanalo Community Health Center to expand screening to 

allow for a unique focus on American Samoan health care needs 200,000 

Wake Forest University School of Medicine, Winston-Salem, NC .... 250,000 

Walsh University, Canton, OH, for a Community Wellness Education Center ...................................................................................... 500,000

Walsh University, Canton, OH, for a Natural Sciences and 

Bioinfomatics Center ......................................................................... 500,000 

Washington College, Chestertown, MD ............................................... 500,000 

Washington Health Foundation, Seattle, WA ..................................... 100,000 

Washington Hospital Teen Outreach, Academy for Adolescent 

Health, Washington, PA for abstinence education and related 

services ................................................................................................ 136,000

Wayne Memorial Hospital, Honesdale, PA .......................................... 300,000 

Wenatchee Valley Clinic in Washington State for equipment ........... 250,000

Wenatchee Valley Medical Center, Wenatchee, WA ........................... 500,000 

Wesley College, Dover, DE .................................................................... 200,000

West Penn Allegheny Health System, Pittsburgh, PA ....................... 250,000

West Virginia University for a Clinical Teaching Center at the 

Charleston Area Medical Center ...................................................... 5,000,000

Western Kentucky University, Bowling Green, KY, for the Mobile 

Health Screening Program ................................................................ 500,000 

Western Kentucky University, Bowling Green, KY, Hispanic Resource Center for health outreach services to the area’s Hispanic 

population ........................................................................................... 700,000 

Western Michigan University, College of Health and Human Services, Kalamazoo, MI, to deploy wireless technology in health care 500,000 

751

Wills Eye Hospital, Philadelphia, PA to provide eye care to underserved populations ............................................................................. 1,000,000

Windham Community Memorial Hospital, Willimantic, CT .............. 200,000

Wistar Institute, Philadelphia, PA for construction, renovation, and 

equipment ........................................................................................... 50,000

Womankind, Cleveland, OH, to expand prenatal care ....................... 50,000

Woman’s Hospital, Baton Rouge, LA, for the Women’s Outreach, 

Educational and Wellness Initiative ................................................ 100,000

Women’s Care Center of Erie County, Inc., Abstinence Advantage 

Program, Erie, PA for abstinence education and related services 136,000

World Impact’s Good Samaritan Clinic, Wichita, KS ......................... 300,000

Wyoming Dental Association, Laramie, WY to implement comprehensive programs of recruitment and retention of dental professionals ............................................................................................. 360,000

Wyoming State Department of Health, Office of Telehealth, Cheyenne, WY to create the Wyoming Network for Telehealth 

(WyNETTE), improving the quality and accessibility of 

healthcare for people living in Wyoming’s rural areas ................... 1,540,000

Wyoming Valley Health Care System, Wilkes-Barre, PA .................. 550,000

Xavier University of Louisiana, New Orleans, LA ............................. 250,000

Yeshiva University, Albert Einstein College of Medicine, Bronx, NY 500,000 

YMCA of Western Stark County, Ohio ................................................ 1,000,000

YMCA, Elkins, WV ................................................................................ 67,000

York County Human Life Services, Inc. York, PA for abstinence 

education and related services .......................................................... 50,000 

York Health Corporation, York, PA, to expand services of the 

Nurse-Family Partnership program ................................................. 50,000

The conference agreement includes bill language identifying 

$250,000 for facilities renovation at the Gillis Long Hansen’s Disease Center as proposed by the Senate rather than $248,000 as 

proposed by the House. 

The conference agreement includes $4,850,000 for malpractice 

insurance for volunteer physicians who practice at free clinics as 

authorized by section 224(o) of the Public Health Service Act instead of $10,000,000 as proposed by the Senate. The House did not 

provide funding for this program. 

The conference agreement includes bill language providing 

$10,000,000 to remain available until expended to establish a National Cord Blood Stem Cell Bank Program within HRSA, which 

will provide funds to a network of cord blood banks with two specific aims: (1) building an inventory of the highest quality cord 

blood units for use as unrelated donor grafts for patients who lack 

human leukocyte antigen (HLA)-matched sibling donors and (2) ensuring an integrated system through which physicians and patients 

are able to locate a suitably matched cord blood unit or adult volunteer bone marrow donor via a single, electronic access point. The 

conferees intend that this program be administered by HRSA. 

Because this is a new and developing field, the conferees direct 

HRSA to use $1,000,000 of the funds provided for the cord blood 

bank to contract with the Institute of Medicine (IOM) to commission a study which shall be completed within twelve months of enactment of this Act. The study should recommend an optimal structure for the cord blood program and address pertinent issues to 

maximize the potential of this technology, including collection, storage, standards setting, information sharing, distribution, reimbursement, research and outcome measures. The IOM should receive input from experts including: (a) transplant physicians with 

expertise in the use of cord blood for unrelated marrow transplantation; (b) experts in the analysis of clinical outcomes after bone 

752

marrow and cord blood stem cell transplantations; (c) experts on 

HLA typing for transplantation, especially experts with experience 

in unrelated cord blood transplantation; (d) experts in medical 

database development and management and web-based information technology; (e) obstetricians familiar with programs for cord 

blood donation for public use; (f) experts in cord blood banking; (g) 

representatives of existing federally-funded and other active cord 

blood and bone marrow registries; (h) representatives of the Food 

and Drug Administration (FDA); (i) experts in the accreditation of 

facilities for cord blood stem cell preparation and transplantation; 

and (j) representatives of the National Institutes of Health NHLBI 

Cord Blood Transplantation Study. The conferees expect that no 

additional monies will be expended until the IOM report is completed and that by the end of fiscal year 2005, HRSA will implement the program following the IOM recommendations. The Secretary shall notify the Appropriations Committees of both Houses 

of Congress at least fifteen days prior to the release of funds for 

this program. 

The conferees understand that cord blood is part of a continuum of transplantation treatment and support further research 

in cord blood transplantation. A portion of the cord blood units collected using these funds should be available for the performance of 

pre-clinical and clinical research focusing on cord blood stem cell 

biology and the use of umbilical cord blood stem cells for human 

transplantation and cellular therapies. The conferees recognize the 

importance of Federal oversight to protect public health and safety, 

and expect that funds will be directed to cord blood banks that 

comply with all FDA requirements and have obtained any necessary licenses. The conferees intend that this program should be 

available to currently established cord blood banks with active collection programs operating under an approved IND from the FDA. 

The conference agreement includes bill language identifying $39,740,000 for the rural hospital flexibility grants program as provided by both the House and Senate. Within the total provided, 

$15,000,000 is for the Small Rural Hospital Improvement Grant 

program. 

The conference agreement includes bill language identifying 

$280,000,000 for family planning instead of $273,350,000 as proposed by the House and $283,350,000 as proposed by the Senate. 

The conferees have included bill language identifying 

$25,000,000 for existing community health centers for economic 

stabilization and to offset the rising cost of current services. The 

conferees expect HRSA to use this funding to increase basic support for existing health centers based on performance-related criteria. The House and Senate reports included a similar directive. 

To address the problem of rising expenditures for prescription 

drugs, the conferees recognize that, increasingly, use is being made 

of the Public Health Service drug discount program by its grantees, 

their patients, and third-party payers, such as State Medicaid 

plans. Congress has funded an increase in the number of community health centers and other safety net health care providers. 

However, the process for quarterly updating of the list of providers 

certified for the drug discount program acts as an unnecessary administrative barrier to more immediate access to the lower drug 

753

prices. Therefore, the conferees direct the Public Health Service to 

adopt procedures for immediate access to the drug discounts for 

qualified entities that are specified in section 340B of the Public 

Health Service Act. 

The conferees remain concerned that the effort to restructure 

HRSA programs and grants management may be having a negative 

effect on the stability of many HRSA grantees. Specifically, the restructuring of HRSA’s project officer system has proven to be detrimental to new grantees, that often need immediate, high quality 

technical assistance to successfully deliver care in their communities and meet complex program requirements. The conferees expect HRSA to work with all stakeholders to improve the availability of accurate information and policy clarifications from HRSA. 

The conferees also expect HRSA to improve the timeliness of award 

notices and the notices of the availability of new funds. 

The conferees recently learned that, due to certain requirements under Section 330 of the Public Health Service Act, a number of school-based health centers that had previously received 

funding under the community health centers program are now ineligible for such funding. Recognizing the contribution that these 

entities have made in their respective communities, the conferees 

strongly urge HRSA to make these previously funded programs eligible for funding in fiscal year 2004. The conferees further urge 

HRSA to develop recommendations for overcoming this problem in 

the future. 

The conference agreement provides $12,000,000 for Native Hawaiian health care activities within the consolidated health centers 

program instead of $15,000,000 as provided by the Senate. The 

House did not identify specific funding for Native Hawaiian activities. 

The conference agreement includes $2,056,956,000 for Ryan White AIDS programs, of which $2,031,956,000 is provided as 

budget authority and $25,000,000 is provided from program evaluation funding under section 241 of the Public Health Service Act to 

carry out Ryan White Special Projects of National Significance. The 

House had provided $2,023,599,000, while the Senate provided 

$2,041,599,000, of which $25,000,000 was from program evaluation 

funding. The agreement includes bill language identifying 

$753,317,000 for the Ryan White Title II State AIDS drug assistance programs as proposed by the House instead of $739,000,000 

as proposed by the Senate. 

Within the total for Ryan White AIDS programs, no less than 

the amount provided in fiscal year 2003 is included for AIDS activities that are targeted to address the growing HIV/AIDS epidemic 

and its disproportionate impact upon communities of color, including African Americans, Latinos, Native Americans, Asian Americans, Native Hawaiians, and Pacific Islanders. 

The conferees are concerned by the increasing prevalence of 

hepatitis C–HIV co-infection. Co-infection of the hepatitis C virus 

(HCV) in HIV infected patients has become the leading cause of 

AIDS mortality in some parts of the country. The death rate is 

higher and life expectancy shorter for co-infection patients than for 

patients who have only HIV. To address this growing problem, the 

conferees urge HRSA to encourage State ADAPs to offer co-infected 

754

patients access to approved hepatitis C treatments as their resources allow, to ensure that the Ryan White critical care funded 

programs (including Title III & IV clinics) provide opportunities for 

training care givers and clinicians to treat co-infected patients, and 

to ensure that AETCs address the need for physician education on 

HCV/HIV co-infection. 

The conferees recognize that it is essential for the Title IV program to maximize funds going for services to women, children, families and youth and to place an appropriate limit on administrative 

expenses. The conferees agree with HRSA that, due to the time 

constraints related to the approaching application deadline, it is 

not possible to institute this limitation in fiscal year 2004 for 

grants that would be awarded in August 2004. In addition, the conferees have concerns with the quality of the data that have been 

collected for calculating the proposed cap. In the Notice regarding 

the proposal that was placed in the Federal Register on August 12, 

2003, the definition of ‘‘administrative expenses’’ was undetermined; however, data were given regarding the administrative expenses of the various Title IV grantees. These data may or may not 

have included indirect costs. As a result of the lack of a precise definition, the grantees may have provided incorrect information regarding their administrative expenses. The conferees agree that 

these data must be accurate to determine a fair limitation on administrative expenses that ensures that the Title IV grantees remain viable and able to provide services for women, children, 

youth, and families infected with HIV. Since the earliest that this 

limitation may be put into effect is fiscal year 2005 for grants that 

will be awarded in August 2005, the conferees strongly urge HRSA 

to re-collect data regarding administrative expenses with a precise 

definition to ensure accuracy and comparability. 

The conferees concur in the Senate report language regarding 

90 percent of total title IV funding being provided to grantees and 

primarily to support maintenance of existing care services. The 

conferees also concur in the Senate report language intending that 

HRSA use a significant portion of the remaining funds to expand 

comprehensive services for youth. The conferees also concur in Senate language regarding peer-based technical assistance and a national consumer and provider education center. 

The conference agreement includes bill language designating 

$121,130,000 of the funds provided for the maternal and child 

health block grant for special projects of regional and national significance (SPRANS). The House bill provided $117,831,000 for this 

activity while the Senate bill earmarked $116,381,000 for this purpose. It is intended that $4,000,000 of the SPRANS amount will be 

used to continue the sickle cell newborn screening program and its 

locally based outreach and counseling efforts. In addition, 

$5,000,000 of the SPRANS amount will be used to continue the 

oral health demonstration programs and activities in the States. 

The conference agreement also includes within the SPRANS setaside $1,600,000 for mental health programs and activities in the 

States as outlined in the Senate report, $3,000,000 to begin an epilepsy demonstration, and $2,000,000 for newborn and child screening for heritable disorders as authorized in Title XXVI of the Children’s Health Act of 2000. The heritable disorders program is deVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00758 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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signed to strengthen States’ newborn screening programs and improve States’ ability to develop, evaluate, and acquire innovative 

testing technologies, and establish and improve programs to provide screening, counseling, testing and special services for 

newborns and children at risk for heritable disorders. 

The conference agreement includes $74,988,000 for abstinence 

education programs instead of $65,000,000 as proposed by the 

House and $73,044,000 as proposed by the Senate. The conference 

agreement includes $4,500,000 in program evaluation funds for the 

abstinence education program and $70,488,000 in budget authority. 

The program evaluation funds are to be used for evaluation of adolescent pregnancy prevention programs. Because the program evaluation funds are provided in addition to the budget authority for 

the abstinence education program, the conference agreement 

strikes language in both the House and Senate bills permitting the 

budget authority to be used for evaluation and setting a limit of 3.5 

percent of the total provided for such purposes. The conferees concur in language included in the House report regarding technical 

assistance and capacity building and language included in the Senate report about grantees with project periods expiring in fiscal 

year 2003. 

The conference agreement includes $500,000 for rural emergency service training and equipment assistance instead of 

$1,000,000 as proposed by the Senate. The specific bill language 

providing the funding has been deleted and the funding included 

in the table at the end of the statement of managers. 

The conference agreement includes $11,000,000 for rural and 

community access to rural devices. This includes $10,000,000 for 

the rural program under section 413 of the Public Health Service 

Act and $1,000,000 for the new community access demonstration 

under section 313. 

The conference agreement includes $438,748,000 for health 

professions instead of $391,203,000 as proposed by the House. The 

Senate provided $423,765,000 for a consolidated health professions 

line as well as $50,000,000 for nurse training. 

The conferees concur in the House report language allocating 

fiscal year 2003 level funding for graduate psychology education 

and geropsychology and $19,000,000 for geriatric education centers, 

$7,000,000 for geriatric training, and $6,000,000 for geriatric academic career awards. The conferees concur in Senate report language allocating at least $5,500,000 for the pediatric dental program and providing continued funding for the chiropractic-medical 

school demonstration grant program. 

The conference agreement provides $142,763,000 for nurse 

training programs within the health professions training total. In 

using the increase in funding provided above the fiscal year 2003 

level under Nurse Education, Practice, and Retention Grants, the 

conferees expect HRSA to give preference in funding to internship 

and residency programs, career ladder programs, and enhancing 

patient care delivery systems. The conferees intend that a portion 

of the funding provided for loan repayment and scholarships be 

used for scholarships in exchange for two years of service at health 

care facilities with critical shortages of nurses. 

756

The conferees continue to be concerned about the health care 

needs of those in the Mississippi River Delta region. The conferees 

provide $6,800,000 for rural health outreach to continue the ongoing initiative in eight States. These grants provide funding and 

technical assistance to help underserved rural communities identify 

and better address their health care needs and to help small rural 

hospitals improve their financial and operational performance. The 

conferees further recommend that HRSA consult with the Delta 

Regional Authority and the Delta Health Alliance, given their ongoing relationships with communities in the Delta. 

The conferees concur with the Senate report language regarding frontier extended stay clinics. 

The conferees support the Student Resident Experiences and 

Rotations in Community Health (SEARCH) program within the 

National Health Service Corps and intend that HRSA continue this 

program in fiscal year 2004. The conference agreement includes $35,000,000 for the Denali Commission instead of $40,000,000 as proposed by the Senate. The 

House did not include funding for the Commission. The conference 

agreement includes a general provision, section 222, amending the 

Denali Commission Act of 1998 to clarify that the Commission has 

authority to use the interagency transfer mechanism rather than 

grants to receive the funding provided in this Act. The conferees 

concur in language in the Senate report indicating that the Denali 

Commission should allocate funds to a mix of service facilities. 

Within the funds provided, $2,500,000 is provided to acquire medical equipment for rural clinics and hospitals, such as an x-ray machine for Seldovia, AK, and $5,000,000 shall be used for upgrade 

and construction of shelters for victims of domestic violence. 

The conferees concur in language in the Senate report identi- fying $3,000,000 within traumatic brain injury funding for protection and advocacy services. The conference agreement includes $104,317,000 for the community access program as proposed by the House. The Senate did 

not provide funding for this program. The conferees encourage 

HRSA, through the Community Access Program, to establish demonstration projects between community health centers and minority 

health professions schools for the purpose of health status disparities research and data collection. Such demonstration projects were 

authorized in the Health Care Safety Net Amendments of 2002. 

The conference agreement includes $150,000,000 for program 

management instead of $155,974,000 as provided by the House and 

$146,686,000 as provided by the Senate. 

The conferees expect HRSA to use no more than one percent 

of the funds allocated for projects for agency administrative expenses. 

The Ricky Ray Hemophilia Relief Act of 1998 established the 

Ricky Ray Hemophilia Relief Fund to provide compassionate payments to certain individuals affected by HIV transmission via contaminated blood products. The fund terminated by law on November 12, 2003. The conferees are aware of approximately 28 cases 

that may still be adjudicated. The conferees understand that HRSA 

has made budgetary arrangements in anticipation of potential additional payments. The conferees expect HRSA to report to the 

757

House and Senate Appropriations Committees on the status of 

these potential payments by February 1, 2004. 

VACCINE INJURY COMPENSATION PROGRAM TRUST FUND

The conference agreement includes $3,222,000 for the administrative costs associated with the Vaccine Injury Compensation Program instead of $3,472,000 as proposed by the House and 

$2,972,000 as proposed by the Senate. 

CENTERS FOR DISEASE CONTROL AND PREVENTION 

DISEASE CONTROL, RESEARCH, AND TRAINING

The conference agreement includes $4,545,472,000 for disease 

control, research, and training at the Centers for Disease Control 

and Prevention (CDC), instead of $4,588,671,000 as proposed by 

the House and $4,494,496,000 as proposed by the Senate. In addition, $212,134,000 is made available under Section 241 of the Public Health Service Act, the same as proposed by the Senate. The 

House bill proposed that $13,226,000 be derived under Section 241 

authority. 

The conference agreement includes language proposed by the 

Senate inserting the word ‘‘purchase’’ before the phrase, ‘‘hire, 

maintenance, and operation of aircraft.’’ The House proposed no 

similar language. 

The conference agreement includes bill language earmarking $262,000,000 for equipment, construction, and renovation of facilities, instead of $260,000,000 as proposed by the Senate. The House 

proposed $206,000,000 for this activity. Within this total, 

$250,000,000 is for continuation of CDC’s Facilities in Atlanta and 

$9,600,000 is for the second year costs of replacing CDC’s infectious 

disease laboratory in Fort Collins, Colorado and $2,400,000 is to 

begin replacement of CDC’s facilities in Cincinnati, Ohio. The conferees continue to support the implementation of CDC’s Buildings 

and Facilities Master Plan and are pleased with the progress made 

to date. 

The conferees expect the CDC to utilize a portion of the funds 

provided for buildings and facilities to continue and expand security improvements to ensure critical information reliability for response to critical events, as well as to conduct increasingly varied 

public health missions. 

The conference agreement includes bill language to allow the 

Centers for Disease Control and Prevention (CDC) to enter into a 

single contract or related contracts for the full scope of development and construction of facilities as proposed by both the House 

and the Senate. The conference agreement also includes bill language to allow funds appropriated to the CDC to be used to enter 

into a long-term ground lease for construction on non-Federal land, 

in order to replace their laboratory in the Fort Collins, Colorado 

area as proposed by both the House and Senate.

The conference agreement includes bill language to earmark $293,569,000 for international HIV/AIDS, with $150,000,000 earmarked for the International Mother and Child HIV Prevention 

Initiative, the same as proposed by the Senate. The House proposed $242,569,000 for international HIV/AIDS, with $100,000,000 

758

earmarked for the International Mother and Child HIV Prevention 

Initiative. 

The conference agreement includes bill language as proposed 

by the Senate designating that the following amounts shall be 

available under section 241 (Public Health Service Act evaluation 

set-aside) for the specified activities: $127,634,000—National Center for Health Statistics Surveys $14,000,000—National Immunization Surveys 

$28,600,000—Information Systems Standards Development and Architecture and Applications-based Research Used 

at Local Public Health Levels 

$41,900,000—Research Tools and Approaches within the 

National Occupational Research Agenda 

The House bill provided that $13,226,000 be derived from section 241 for National Center for Health Statistics surveys. 

Birth Defects 

The conference agreement includes $113,513,000 for birth defects, developmental disabilities, disability and health instead of 

$106,339,000 as proposed by the House and $110,639,000 as proposed by the Senate. 

Within the total, the following amounts are provided for the 

specified activities above the comparable amount for fiscal year 

2003: 

$5,244,000 to expand autism surveillance and education 

activities; 

$1,000,000 to expand research activities conducted by the 

regional Centers for Birth Defects Research and Prevention; $250,000 to expand activities related to Fetal Alcohol Syndrome; 

$1,000,000 to expand the National Spina Bifida program; 

$1,500,000 to establish a public health education and research program concerning Tourette syndrome; 

$1,500,000 to expand surveillance and epidemiological efforts of Duchenne and Becker muscular dystrophy; 

$750,000 to expand support for the Special Olympics 

Healthy Athletes Initiative; 

$2,500,000 to expand the work of the Paralysis Resource 

Center; 

$1,000,000 to expand disability prevention activities; 

$300,000 to expand the newborn infant screening program; 

$250,000 to expand Limb Loss activities; 

$500,000 to establish a craniofacial malformation program; 

and 

$274,000 to expand the work of the Attention Deficit Resource Centers. 

The conference agreement includes $3,000,000 above the fiscal 

year 2003 level for the support and expansion of CDC’s State autism surveillance program. In addition, $2,244,000 is provided to 

establish a national awareness and education program that will 

widely disseminate information regarding autism identification and 

diagnosis to both families and health care providers as authorized 

by Sec. 103 of the Children’s Health Act of 2000. This program 

759

should be administered and piloted in partnership with voluntary 

organizations already working in the autism community. 

The conferees concur that the status report on autism data collection requested by both the House and Senate is due by March 

1, 2004. 

The conference agreement includes $1,500,000 to establish a 

public health and research program in partnership with a national 

voluntary health association dedicated to assist parents and families of children with Tourette Syndrome as proposed by both the 

House and Senate. 

The conferees continue to support strongly the partnership between CDC and the Christopher and Dana Reeve Paralysis Resource Center and intend that within the increase provided: 

$500,000 be used to fund up to three applied research projects to 

translate clinical rehabilitation treadmill therapy to communitybased settings and to train health care professionals to deliver this 

intervention; and $2,000,000 be used to expand the work of the Resource Center. 

The conferees commend CDC for its partnership with CHADD 

in developing an AD/HD Resource Center and has provided an increase of $274,000 above fiscal year 2003 to expand the Resource 

Center in an effort to respond to the overwhelming demand for information and support services. The conferees intend that the full 

amount of the increase be awarded to the Resource Center. 

The conferees commend CDC for its partnership with Amputee 

Coalition of America on the National Limb Loss Information Center. The conferees intend that the full amount of the increase provided be awarded to the Information Center. 

The conference agreement includes $500,000 for craniofacial 

malformation activities. The conferees concur with language in the 

Senate report regarding the establishment of a craniofacial malformation and development registry and the creation of a plan for 

an information clearinghouse for parents and physicians.

The conference agreement includes sufficient funds above the 

request for CDC to initiate in fiscal year 2004 epidemiological and 

population-based studies on individuals with Down syndrome as 

outlined in the House and Senate reports. 

Chronic Disease Prevention and Health Promotion 

The conference agreement includes $859,065,000 for chronic 

disease prevention and health promotion instead of $862,011,000 

as proposed by the House and $801,844,000 as proposed by the 

Senate. Programs within this account are funded at the following 

levels:

Heart Disease and Stroke ..................................................................... $46,000,000 

Cancer Prevention and Control ............................................................ 315,631,000 

Diabetes .................................................................................................. 67,342,000 

Arthritis and Other Chronic Diseases ................................................. 24,501,000 

Tobacco ................................................................................................... 100,100,000 

Nutrition/Physical Activity ................................................................... 45,000,000 

Community Health Promotion .............................................................. 24,064,000 

School Health ......................................................................................... 62,835,000 

Safe Motherhood/Infant Health ............................................................ 54,252,000 

Oral Health ............................................................................................ 12,510,000 

Prevention Centers ................................................................................ 26,830,000 

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VERB (Youth Media) Campaign ........................................................... 36,000,000 

Steps to a Healthier U.S. ...................................................................... 44,000,000

Within the amounts provided for Cancer Prevention and Con- trol $210,929,000 is for the Breast and Cervical Cancer Screening 

Program; $50,000,000 is for Cancer Registries; $15,000,000 is for 

Colorectal Cancer; $12,000,000 is for Comprehensive Cancer; 

$4,950,000 is for Ovarian Cancer; $15,555,000 is for Prostate Cancer; $5,000,000 is for the Geraldine Ferraro Cancer Education Program; and $2,197,000 is for Skin Cancer. 

The conferees applaud the ongoing work at CDC, in conjunction with the Lance Armstrong Foundation, to develop a National 

Cancer Survivorship Action Plan. The conferees also urge the CDC 

to develop a cancer survivorship resource center focused on the 

post-treatment needs and long-term survivorship/quality of life 

issues. 

The conferees are aware that survival rates of the most lethal 

cancers, including lung, esophageal, liver, and pancreatic cancer, 

remain at or below 15 percent. Further, the conferees understand 

that the University of Kentucky, Markey Cancer Center, has begun 

a three-year effort to establish a state-of-the-art early detection and 

outreach program for a rural, medically underserved population 

with links to best treatment practices, clinical trials, and relevant 

translational research. Upon its completion, the conferees request 

that the Secretary, through the Director of the CDC, assess both 

the design and findings of this project, and report to the House and 

Senate Appropriations Committees on the project’s outcomes and 

any recommendations to increase the survival rates of lethal cancers. 

Within the amounts available for Arthritis and Other Chronic 

Diseases, the agreement provides an increase over fiscal year 2003 

of $250,000 for the expansion of State-based arthritis programs and 

collaborations with the relevant voluntary health organizations and 

of $750,000 to enhance epilepsy efforts, in partnership with a national non-profit organization that works on behalf of children and 

adults affected by seizures. In addition, $1,000,000 is available 

within Arthritis and Other Chronic Diseases to continue support 

for the National Lupus Patient Registry. 

The conferees encourage the CDC to develop a partnership 

with a national voluntary health association dedicated to assisting 

persons with Interstitial Cystitis (IC) and undertake initiatives to 

expand public and professional education efforts concerning IC and 

enhance the understanding of IC through epidemiological studies. 

Within amounts provided for Community Health Promotion, 

$8,100,000 is provided to support and expand the Behavioral Risk 

Factor Surveillance Systems, $2,982,000 is provided for continuing 

and expanding a model project that is testing and evaluating the 

efficacy of glaucoma screening using mobile units, $2,887,000 is for 

the national vision screening and education program, and 

$1,800,000 is for the Mind-Body Medical Institute in Boston, Massachusetts to continue practice-based assessments, identification, 

and study of promising and heavily-used mind/body practices. 

The conferees concur with language included in the Senate report regarding the Sudden Infant Death Syndrome (SIDS) death 

scene protocol and have provided $300,000 to support projects to 

761

demonstrate the protocol’s effectiveness from within funds available under Safe Motherhood and Infant Health. 

The conference agreement includes $36,000,000 for the VERB 

(Youth Media) campaign. The conferees intend that the funds provided for fiscal year 2004 be used to augment the media buy for 

phase 3 of the campaign and encourage the CDC to use these enhanced resources to leverage additional in-kind contributions. 

The conferees encourage the CDC to develop partnerships with 

national organizations to enhance the reach and impact of the 

STEPS program by coordinating and delivering program models to 

additional communities across America, including in rural and disadvantaged communities. Potential partners should have experience directly providing youth-development programs, long-standing 

dedication to promoting lifelong health, and a commitment to serving all ages, incomes, and abilities. 

Within the amount for Nutrition and Physical Activity, the conference agreement includes $1,000,000 to support a comprehensive review of the effects of food marketing on children’s diet and 

health, including the characteristics of effective marketing of foods 

to children to promote healthy food choices. The conferees request 

that upon completion of the review, a report detailing the review’s 

findings be submitted to the appropriate Committees of jurisdiction 

of the Congress. 

Environmental Health 

The conference agreement includes $184,629,000 for environ- mental health instead of $184,829,000 as proposed by the House 

and $184,329,000 as proposed by the Senate. Within the total provided: $38,518,000 is for the environmental health laboratory; $66,728,000 is for environmental health activities (including $2,200,000 to continue the physician education and 

public awareness program for primary immune deficiency disease 

as implemented by the Jeffrey Modell Foundation, and $27,900,000 

to continue the health-tracking network); $37,386,000 is for asthma; and $41,997,000 is for childhood lead poisoning. 

The conferees support the continuation of CDC’s work responding to, and preventing adverse health effects of complex humanitarian emergencies around the world and commend CDC for supporting organizations that apply public health strategies to mitigate the impact of conflict on civilian populations in Iraq and elsewhere. 

Epidemic Services 

The conference agreement includes $92,494,000 for epidemic 

services and response, instead of $82,494,000 as proposed by the 

House and $127,494,000 as proposed by the Senate. 

The conference agreement includes $15,000,000 above the comparable level for fiscal year 2003 for the Director to expand global 

disease detection capabilities. The conferees are aware that approximately thirty previously unheard of infectious diseases were 

discovered in the last thirty years. The conferees intend that the 

increased funds provided for global disease detection be allocated 

in the manner determined by the Director of CDC to enhance the 

capability to detect and track global outbreaks of disease. 

762

The conferees commend CDC for its partnership with the 

Landmine Survivor Network and have provided funds within Epidemic Services to support the Network at not less than the fiscal 

year 2003 level. 

Health Statistics 

The conference agreement includes $127,634,000 for Health 

Statistics, to be derived from amounts made available under Section 241 of the Public Health Service Act, the same as proposed by 

the Senate. The House proposed $125,899,000 for Health Statistics, 

of which $13,226,000 was to be derived from amounts made available under Section 241 of the Public Health Service Act. 

HIV/AIDS, STD and TB Prevention 

The conference agreement includes $1,299,388,000 for HIV/

AIDS, STD and TB prevention instead of $1,247,388,000 as proposed by the House and $1,301,388,000 as proposed by the Senate. 

Included in this amount is $993,189,000 for HIV/AIDS activities, of which $293,569,000 is for global HIV/AIDS activities; 

$169,072,000 for STD activities; and $137,127,000 for TB activities. 

Within the funds provided for global HIV/AIDS, $150,000,000 is for 

the International Mother and Child HIV Prevention Initiative. 

Within the total for HIV/AIDS, $104,000,000 is provided to 

continue CDC’s support of activities that are targeted to address 

the growing HIV/AIDS epidemic and its disparate impact on communities of color, including African Americans, Latinos, Native 

Americans, Asian Americans, Native Hawaiians, and Pacific Islanders. The conferees intend that CDC follow the report accompanying the Labor, HHS and Education and Related Agencies Appropriations Act, 2002 regarding the disbursement of these funds, 

including continuing support for the Directly Funded Minority 

Community Based Organization Program. 

The conferees urge the Director to continue and to strengthen 

CDC support of community-based organizations and faith-based organizations in their efforts to provide culturally and linguistically 

appropriate primary and secondary HIV prevention programs. The 

conferees are aware of recent concerns regarding instability in the 

recompetition process and encourage the CDC to provide directly 

funded community and faith based organizations with technical assistance and capacity building support in order to promote effective 

and sustainable programs.

Within the total for STD activities, $500,000 is for CDC to 

carry out a competitive grant program to strengthen local capacity 

on Indian reservations to screen for and treat sexually transmitted 

diseases and to educate local populations about such diseases and 

their consequences, as well as how transmission of such diseases 

can be prevented. 

The conferees urge CDC to utilize $1,000,000 of the increase 

provided for Tuberculosis (TB) prevention to partner with a private 

foundation uniquely qualified to test new TB vaccines and that has 

implemented a large-scale community-based TB vaccine field trial. 

CDC should utilize its cooperative agreement mechanisms to ensure that the agency has the opportunity to provide technical asVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00766 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
763

sistance and guidance to this important partnership, especially 

with regard to epidemiology. 

The conferees request that the Director prepare a plan to comprehensively address blood safety and injection safety in Africa 

under the Global AIDS program, to be completed and submitted to 

the Committees on Appropriations of the House and Senate no 

later than 120 days after enactment of this Act. The plan should 

ensure that all injections occur in a safe manner, through provision 

of an adequate supply of safe injection equipment, preferably nonreusable syringes, provider education, and waste management, and 

to foster ‘‘appropriate use’’ of injections in order to reduce the number of unnecessary injections administered. Similarly, the plan 

should reflect an emphasis on both increasing the blood supply 

through donor recruitment and ensuring its safety through proper 

screening of donors and donated blood as well as the development 

or improvement of a robust national blood service. In addition, provision should be made for provider education and other measures 

necessary to ensure the appropriate use of donated blood and to 

discourage unnecessary or inappropriate uses. 

Immunization 

The conference agreement includes a discretionary program level total of $633,385,000 for immunization, instead of 

$650,586,000 as proposed by the House and $641,686,000 as proposed by the Senate. In addition, $14,000,000 is for national immunization surveys to be derived from section 241 evaluation set-aside 

funds, the same as proposed by the Senate. The House bill included 

no similar provision. 

The conferees note that the National Vaccine Program Office, 

formerly housed within CDC, will be transferred to the Office of 

the Secretary. Accordingly, the appropriation for immunization has 

been reduced and the $7,301,000 requested to support that office 

is appropriated within the Office of the Secretary, General Departmental Management account. 

In addition, the Vaccines for Children (VFC) program funded 

through the Medicaid program is expected to provide $980,196,000 

in vaccine purchases and distribution support in fiscal year 2004, 

for a total immunization program level of $1,627,581,000. 

Included in the amount provided is $495,464,000 for the section 317 program, and $151,921,000 for global immunization activities. Within the total available for global immunization, 

$106,400,000 is for global polio eradication activities, and 

$45,521,000 for other global activities, including the global measles 

program. 

The conferees are aware of sensitivities about research involving the safety of childhood vaccines. CDC’s Vaccine Safety Datalink 

Data Sharing Program allows external researchers to assess vaccine safety by analyzing data from managed care organizations. 

The conferees believe that it is essential that these data be available in a way that allows for independent review while at the same 

time protects confidentiality and complies with regulations for the 

protection of human subjects involved in research. The conferees 

urge that CDC continue to assure access to these data and appropriately preserve final datasets for vaccine safety studies and 

764

datasets created by CDC for external researchers through the Vaccine Safety Datalink Data Sharing Program. 

Infectious Diseases 

The conference agreement includes $372,503,000 for infectious 

diseases instead of $382,226,000 as proposed by the House and 

$372,760,000 as proposed by the Senate. 

Within the total provided, $9,000,000 above fiscal year 2003 is 

provided for areas of highest scientific and programmatic priority 

for preparing and responding to present and emerging infectious 

disease threats. 

Within the total provided, $2,000,000 above fiscal year 2003 is 

to augment CDC’s resources for supporting States in developing 

and implementing effective surveillance, prevention, and mosquito 

control to effectively combat West Nile Virus and support research 

on the biology of the disease. 

Within the total provided, $911,000 above fiscal year 2003 is 

to expand research, prevention and control activities on malaria 

and to continue CDC’s Global Malaria Initiative. 

Within the total provided, $1,000,000 above fiscal year 2003 is 

to expand and improve surveillance, research, and prevention activities on prion disease. The conferees intend that a significant 

portion of the increase be used to expand support for the National 

Prion Disease Pathology Surveillance Center to augment the national autopsy network for prion disease surveillance. 

Within the total, $2,200,000 is provided to continue the thalassemia blood safety surveillance program. 

The conferees are deeply concerned by the largest known outbreak of Hepatitis A in the Nation, which has been developing in 

western Pennsylvania over the last few weeks. The conferees understand that a CDC field investigation team is in Beaver Falls, 

Pennsylvania working with State and local health officials to determine the source of the outbreak and limit the spread of the disease. 

The conferees commend the CDC’s response, and expect the CDC 

to continue and expand these efforts to contain this specific outbreak and to prevent future occurrences. 

The conferees are pleased that CDC has branched into new 

areas of Chronic Fatigue Syndrome (CFS) research and medical 

education in the four-year period in which the $12,900,000 is being 

restored to the CFS program. The conferees expect that the payback period will be extended through fiscal year 2005.

Injury Control 

The conference agreement includes $154,632,000 for injury 

control, instead of $152,414,000 as proposed by the House and 

$152,409,000 as proposed by the Senate. 

Within the total provided, $3,750,000 is to extend implementation of the National Violent Death Reporting System, $8,700,000 is 

for child maltreatment prevention activities, and $5,224,000 is for 

the Traumatic Brain Injury prevention program. In addition, sufficient funds are included to continue support for all existing Injury 

Control Research Centers. 

765

Occupational Safety and Health 

The conference agreement provides $236,985,000 for occupational safety and health, instead of $273,385,000 as proposed by 

the House and $240,485,000 as proposed by the Senate. In addition, $41,900,000 is available to carry out Research Tools and Approaches activities within the National Occupational Research 

Agenda (NORA) to be derived from section 241 evaluation set-aside 

funds as proposed by the Senate. This brings the comparable program level to $278,885,000. The House bill had no similar provision. 

Within the total provided, $19,700,000 is for the Education and 

Research Centers and $26,000,000 above the request is for research 

activities in support of implementation of NORA. 

Also within the total provided, $3,500,000 above the fiscal year 

2003 level is provided for the National Personal Protective Technologies Laboratory. The conferees intend that the funds be used 

in the manner outlined in the Senate report. 

The conference agreement also includes sufficient funds to continue the farm health and safety initiative, the construction safety 

and health program, and to purchase personal dosimetry monitors 

as outlined in the House report. 

Public Health Improvement 

The conference agreement includes $143,082,000 for public 

health improvement instead of $144,530,000 as proposed by the 

House and $106,789,000 as proposed by the Senate. In addition, 

$28,600,000 is available to carry out information systems standards 

development and architecture and applications-based research used 

at local public health levels to be derived from section 241 evaluation set-aside funds, as proposed by the Senate. The House bill included no similar provision. 

The conference agreement includes $15,000,000 within Public 

Health Improvement to expand public health research that is determined by the Director as having high scientific and programmatic priority. 

Funds requested within public health improvement for development and implementation of a nationwide environmental healthtracking network have been provided for within the CDC’s environmental health activities program. 

The conference agreement includes $500,000 to continue the 

Comprehensive Assessment of Rural Health in Iowa (CARHI), in 

conjunction with the Iowa Department of Public Health. 

The conferees include the following amounts for the following 

projects and activities in fiscal year 2004:

Allergy/Asthma Foundation of Alaska and The Alaska Lung Association for programs aimed at preventing youth smoking .............. 250,000

American Trauma Society, Upper Marlboro, MD to develop trauma 

response curriculum ........................................................................... 100,000 

American Vitiligo Research Foundation, Clearwater, FL, for public 

and health professional education regarding Vitiligo ..................... 250,000

BioAdvance, Philadelphia, PA to strengthen bioinformatics training 

activities .............................................................................................. 100,000

Black Hills State University in Spearfish, South Dakota for the 

West River Task Force on Fetal Alcohol Syndrome/Effect ............. 200,000

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Burlington Community College, Pemberton, NJ, for equipment for 

high-tech simulation training of handling chemical and biological 

hazards ................................................................................................ 800,000

Center for Disaster Epidemiology & Preparedness, Department of 

Epidemiology and Public Health, University of Miami School of 

Medicine, Miami, FL, to establish a Specialty Center for Public 

Health Preparedness focused on Hispanic Training on Disasters 166,000

Center for Mind Body Medicine, Washington, DC, to train health 

and mental health professionals in treating war and terrorism 

related trauma in the U.S. and abroad ............................................ 100,000

Chester County Hospital, West Chester, PA to establish home monitoring systems for patients with congestive heart failure ............. 250,000

City of Waterloo, Iowa, for expansion of Fire PALS, a school-based 

injury prevention program ................................................................ 150,000

Clarion University, Clarion, PA for a smoking cessation and prevention campaign ............................................................................... 50,000

Community College Foundation, Sacramento, CA, for the ePassport 

foster child health and education data tracking program .............. 2,000,000

Community Health Centers in Hawaii for Childhood Rural Asthma 

Project ................................................................................................. 150,000

Community Lead Education and Reduction Program 

(CLEARCorps), Minneapolis, Minnesota to provide intervention 

training to detect the signs of childhood lead poisoning and perform remediation of affected homes .................................................. 100,000

Delaware Valley Hepatitis Treatment, Research, and Education 

Center (HepTREC), Melrose Park, PA to enhance awareness, 

train support groups, and fund programs for patients ................... 75,000

Delta State University, Cleveland, MS for the Delta Health Alliance Agri-Medicine Initiative ............................................................ 500,000

DuPage County Health Department, Wheaton, Illinois, for security 

enhancements ..................................................................................... 300,000

East Harlem Asthma Working Group for salaries and treatment 

methods, focusing on teaching kids and families how to cope with 

asthma ................................................................................................ 100,000

East Tennessee State University, Division of Health Sciences, 

Johnson City, TN, for the Appalachian Cancer Demonstration 

Project ................................................................................................. 375,000

Federation of American Scientists, Washington, DC, for a biopreparedness demonstration project involving the use of interactive simulation for training ........................................................... 100,000 

Friends of the Congressional Glaucoma Caucus, Whitestone, New 

York, for demonstration project in Southwest Texas to conduct 

screening for Glaucoma ..................................................................... 500,000

Georgia Rural Water Association, Georgia Environmental Training 

and Education Authority for Small Community Water Fluoridation ...................................................................................................... 50,000

Gertrude Barber Center, Erie, PA, for autism intervention & education ................................................................................................... 150,000

Greater Cleveland Asthma Outreach, Cleveland, OH, to expand 

asthma-related programs .................................................................. 150,000

Gwynedd-Mercy College School of Education, Gwynedd Valley, PA 

for the Prevention Education for Applied Creativity against 

Emerging Threats program ............................................................... 75,000

Haymarket Center, Chicago, Illinois, for a project to integrate 

chronic disease management with substance abuse treatment ..... 500,000

Health Care Improvement Foundation, PA for a public health/bioterrorism disaster communications project ...................................... 100,000

Health Choice Network, Miami, FL for the Jessie Trice Cancer prevention project .................................................................................... 350,000

Heidelberg College, Tiffin, Ohio, for equipment and staffing at the 

Water Quality Laboratory ................................................................. 350,000

Hult Health Education Center, Peoria, Illinois, for teacher training, 

technology equipment and curriculum development for a data 

collection program to integrate schools and community health resources ................................................................................................. 75,000

I Care Foundation, Bethesda, MD, for epidemiological studies related to Autism ................................................................................... 50,000

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Illinois State University, Normal, IL, for a Physical Education Obesity Prevention and Lifestyle Enhancement (PEOPLE) program 165,000

Inner Harmony Foundation, Clarks Summit, PA for implementation of the New Beginnings Integrative Cancer Care Program ..... 250,000

Institute for Cancer Prevention in New York, NY to identify populations that have a decreased risk in developing cancer and Alzheimer’s Disease, design mechanism-based strategies to prevent 

cancer and Alzheimer’s Disease in the general population ............ 3,000,000

Iowa Department of Education to provide free fruits and vegetables 

to schoolchildren ................................................................................. 1,000,000

Iowa Health Foundation to continue a pilot program on chronic disease management ............................................................................... 400,000 

Iowa State University, Ames, IA for the Center for the Study of Violence to identify factors that contribute to the development of 

violence-prone individuals ................................................................. 166,000

Iowa State University, Ames, IA for the Center for Food Security 

and Public Health .............................................................................. 1,000,000

Iron Disorders Institute in association with Penn State University, 

College of Medicine, Hershey, PA to establish a Center for the 

Study of Biometals ............................................................................. 100,000

James Whitcombe Riley Hospital for Children, Indianapolis, IN, for 

continuation of autism programs at the Christian Sarkine Autism Treatment Center ...................................................................... 500,000

Kent State University, Kent, OH, for The Northeast Ohio Alliance 

for Biopreparedness ........................................................................... 750,000

Kids Health, Inc., Atlanta, GA, for an obesity prevention initiative 350,000

Kirkwood Community College in Cedar Rapids, IA for the National 

Mass Fatalities Institute ................................................................... 500,000

Lance Armstrong Foundation to perform services and programs in 

consultation with Families in Search of the Truth in Fallon, NV 100,000

Lance Armstrong Foundation, Austin, TX for the National Cancer 

Survivorship Resources Center ......................................................... 300,000

Lapeer Regional Hospital, Lapeer, MI, for an Asthma Intervention 

and Management Program ................................................................ 25,000

Lawton and Rhea Chiles Center for Healthy Mothers and Babies, 

University of South Florida, Tampa, FL, for the National Friendly Access Program .............................................................................. 500,000

Lifestyle Advantage, Pittsburgh, PA for the Lifestyle Modification 

Program .............................................................................................. 150,000

Louisiana State University Health Sciences Center in New Orleans 

and Shreveport and the Tulane Health Sciences Center for a 

statewide, targeted effort for the detection and prevention of cancer ........................................................................................................ 500,000 

Main Line Health, Bryn Mawr, PA to create a computer system 

that will provide a standardized dosage mechanism that crosschecks for errors, allergies, and potential drug interaction ............ 200,000

Marion Downs Hearing Center, Denver, CO for the creation of an 

international hearing center to provide services, resources, education and research to support the needs of individuals who are 

deaf and hard of hearing ................................................................... 3,000,000

Mecklenburg County, North Carolina, for Charlotte ALERT bioterrorism surveillance activities ............................................................ 300,000

Medical Institute for Sexual Health (MISH), Austin, TX, for the development of curricula for medical students and primary care 

residents related to sexual health .................................................... 400,000

Mississippi Department of Education to provide free fruits and 

vegetables to schoolchildren .............................................................. 1,000,000

Monterey Institute, Center for Nonproliferation Studies, Monterey, 

CA, for enhancing bioterrorism preparedness ................................. 1,000,000

Montgomery County, PA for a pilot program to provide communications interoperability for fire, police, and EMS in the event of a 

bioterrorism event .............................................................................. 150,000

Northeast Regional Cancer Institute, Scranton, PA to address the 

root cause of higher incidence of colorectal cancer in northeastern 

PA ........................................................................................................ 100,000

Northern Arizona University, Flagstaff, AZ, for the Center for Bioterrorism Forensics and Genomic Research .................................... 300,000

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Oral Vaccine Institute in Las Vegas, NV for the development of innovative vaccine delivery alternatives ............................................. 900,000

Osteopathic Medical Center of Texas, Fort Worth, TX, for the study 

of the use of hyperbaric oxygen therapy for people with cerebral 

palsy and other disabling conditions ................................................ 600,000

Partnership for Food Safety, Washington, DC, for The Fight BAC! 

campaign to reduce the incidents of foodborne illnesses ................ 500,000

Pennsylvania Breast Cancer Coalition, Ephrata, PA for the development of a Pennsylvania health care insurance resource guide 25,000

Pennsylvania Tourette Syndrome Association Inc., Gettysburg, PA, 

to provide education, information services, and workshops regarding Tourette Syndrome .............................................................. 50,000 

Pinnacle Health System, Harrisburg, PA to develop and implement 

Pinnacle Health System’s ‘‘Safe Care Delivery System,’’ to use innovative technologies in an effort to reduce medical errors ........... 250,000

Pueblo Community Diabetes Project, Pueblo, CO, for a diabetes 

prevention initiative ........................................................................... 150,000

Saint Vincent Health Center, Erie, PA for a cardiac disease management program ............................................................................... 15,000

Save a Life Foundation, Schiller Park, IL, for training ..................... 1,175,000

Sister to Sister—Everyone Has a Heart Foundation to increase 

women’s awareness of heart disease, Washington, DC ................... 400,000

Slippery Rock University, Slippery Rock, PA, for the Center on Disability and Health to promote and encourage regular physical activity .................................................................................................... 161,000

South Dakota State University College of Pharmacy in Brookings, 

SD to support pharmacist immunization training .......................... 60,000

Spinal Muscular Atrophy Foundation, New York, NY for a spinal 

muscular atrophy initiative ............................................................... 100,000

State of Alaska Department of Health and Social Services Obesity 

Prevention and Control program ...................................................... 500,000

Texas Children’s Hospital, Houston, Texas, for a Childhood Obesity 

Project ................................................................................................. 350,000

Thaddeus Stevens College of Technology, Lancaster, PA, for improved first responder communications ........................................... 25,000

University of Findlay Center for Terrorism Preparedness, Findlay, 

OH ....................................................................................................... 250,000

University of Georgia Center for Leadership in Education and Applied Research in Mass Destruction Defense (CLEARMADD) to 

train public health professionals ...................................................... 225,000

University of Kentucky Research Foundation, Lexington, KY, to establish a state-of-the-art early detection and outreach program 

for a rural population with high incidences and low survivability 

of lethal cancers, including lung, esophageal, pancreatic, and 

liver cancer ......................................................................................... 1,000,000

University of Kentucky, Lexington, KY, Center for Improving 

Medication Related Healthcare Outcomes to identify medication 

errors ................................................................................................... 1,000,000

University of Louisville Research Foundation, Louisville KY, for 

the Center for Oral Health and Systemic Disease .......................... 700,000

University of Louisville, Cardiovascular Innovation Institute, Louisville, KY, for a Cardiac Regeneration Program ............................ 1,500,000

University of Louisville, Center for the Deterrence of Bioterrorism 

and Biowarfare, Louisville, KY, to educate public health officials 

in detecting and responding to biological attacks ........................... 1,500,000

University of Nebraska Medical Center, National Biosecurity Center for Rural Health, Omaha, NE, to develop and expand an electronic system to address the threat of bioterrorism ........................ 1,000,000

University of North Texas Health Science Center at Forth Worth, 

TX, for diabetes prevention and control ........................................... 1,500,000

University of Northern Iowa, Youth Fitness and Obesity Institute, 

Cedar Falls, IA for an evaluation of preschool health programs 525,000

University of Oklahoma, Norman, OK for the Center for Chemical, 

Biological, Radiological and Nuclear (CBRN) Countermeasures ... 400,000

University of Pittsburgh Medical Center, Pittsburgh, PA for the 

Strategic Medical Intelligence Initiative .......................................... 150,000

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University of Pittsburgh, Center for Sports Medicine, Pittsburgh, 

PA, to determine the prevalence of knee injuries in female athletes ..................................................................................................... 100,000

University of South Alabama, Mobile, AL for the Alabama Birth 

Defects Monitoring and Prevention Center ..................................... 250,000

University of South Alabama, Mobile, AL for the Diabetic Lower 

Extremity Amputation Prevention Program .................................... 400,000

University of Tennessee, Department of Nutrition, Knoxville, TN, 

for the Tennessee on the Move initiative ......................................... 500,000

Visiting Nurse Association Healthcare Partners of Ohio, Cleveland, 

OH, for the VNA—Healthy Town program ...................................... 500,000

Washington and Jefferson College, Washington, PA for Lyme disease prevention efforts ....................................................................... 100,000

Wayne County Michigan, Detroit, Michigan, for an infant mortality 

prevention, education and outreach project ..................................... 200,000

Office of the Director 

The conference agreement includes $59,707,000 for the activities of the Office of the Director, the same as proposed by the Senate. The House proposed $49,707,000 for the Office of the Director. 

The conferees understand that CDC has elevated its Office of 

Genomics and Disease Prevention to the Office of the CDC Director 

and encourage CDC to continue its work to integrate genomics 

across public health research and practice. 

The conferees understand the urgent need to contact, inform, 

and mobilize physicians during public health emergencies. The conferees encourage the CDC to form partnerships with entities and 

organizations that have databases of physician contact information 

to facilitate rapid communication of public health alerts. 

The conferees urge CDC to continue its efforts to address the 

unique needs of Native Hawaiians on dialysis in a culturally sensitive manner. 

The conferees are aware of potential cost savings that may result from improved information technology, administrative, and 

management processes and practices. The conferees intend that 

any savings accrued in fiscal year 2004 as a result of these improvements must come only from internal operational savings of 

the agency, and may be refocused only into other intramural activities or extramural Public Health Research activities related to the 

purposes for which those funds were originally appropriated. 

NATIONAL INSTITUTES OF HEALTH 

NATIONAL CANCER INSTITUTE

The conference agreement includes $4,770,519,000 for the National Cancer Institute as proposed by both the House and the Senate. 

To increase the likelihood of a cure for every child with cancer, 

the conferees urge NCI to increase its support of translational research to accelerate the pace of pediatric cancer clinical trials. The 

existing NCI-supported national infrastructure of a clinical trials 

network should be the dominant component of this accelerated effort. 

The conferees encourage the Director of NCI to establish a task 

force to explore the continuing unique needs of the peoples of Hawaii and the Pacific Basin region. 

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The conferees concur with language in the House report regarding the importance of the collaboration between NCI and CDC 

regarding tobacco harm reduction. In addition, the conferees urge 

the NCI to examine what additional scientific research is needed 

to determine the relative risks of different tobacco products. 

NATIONAL HEART, LUNG AND BLOOD INSTITUTE

The conference agreement includes $2,897,145,000 for the Na- tional Heart, Lung and Blood Institute instead of $2,897,595,000 as 

proposed by the Senate and $2,867,995,000 as proposed by the 

House. 

The conferees encourage NHLBI, in collaboration with the Office of Rare Diseases, to develop standards of care for pulmonary 

and cardiac complications associated with Duchenne muscular dystrophy. 

The conferees urge NHLBI to develop a set of treatment guidelines for von Willebrand disease and further urge the Institute to 

work with medical associations and experts in the field when developing such guidelines. 

NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH

The conference agreement includes $385,796,000 for the National Institute of Dental and Craniofacial Research instead of 

$386,396,000 as proposed by the Senate and $382,396,000 as proposed by the House. 

NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY

DISEASES

The conference agreement includes $1,682,457,000 for the National Institute of Diabetes and Digestive and Kidney Diseases instead of $1,683,007,000 as proposed by the Senate and 

$1,670,007,000 as proposed by the House. An amount of 

$150,000,000 is also available to the Institute through a permanent 

appropriation for juvenile diabetes. 

The conferees recognize the research supported by the NIDDK 

digestive diseases branch that is dedicated to the treatment of 

functional gastrointestinal disorders, which include irritable bowel 

syndrome. In addition to this important research, the conferees encourage the digestive diseases branch to support and fund basic, 

translational and clinical research dedicated to developing effective 

diagnostic tests and innovative treatments for gastrointestinal motility disorders involving enteric neuromuscular dysfunction including, but not limited to, chronic intestinal pseudo-obstruction, 

gastroparesis, and colonic inertia. 

The conferees were pleased to learn of the recent discovery 

that an existing drug, already used on humans to treat irregular 

fluid retention has also been found to retard cyst production and 

disease progression in polycystic kidney disease. The conferees urge 

NIDDK to conduct clinical trials to follow up on these recent breakthroughs. 

Branched chain ketoaciduria is a rare inherited disorder that 

prevents the proper metabolism of the three branched-chain amino 

acids found in all protein, and can lead to mental retardation, 

771

physical disabilities and death. The conferees are aware of modeling research currently being performed on mice, with the goal of 

finding a permanent cure for the disease. The conferees encourage 

NIDDK to provide support for this type of research and other 

branched chain ketoaciduria-related research. 

The conferees applaud NIDDK for their efforts to combat childhood obesity and encourage them to consider particular use of the 

CDC’s Prevention Research Centers as a mechanism through which 

to award competitive grants for this initiative. 

NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE

The conference agreement includes $1,510,776,000 for the National Institute of Neurological Disorders and Stroke instead of 

$1,468,926,000 as proposed by the House and $1,510,926,000 as 

proposed by the Senate. 

The conferees urge NINDS to increase its overall investment 

in multiple sclerosis (MS) research. Special emphasis on imaging, 

biological markers and clinical trials for new therapeutics should 

be areas of high priority. The conferees are pleased to note the development of a joint symposium on MS genetics sponsored by 

NINDS and the National MS Society, and encourage the Institute 

to take a more active role at the NIH in furthering MS genetics research by developing collaborative strategies with the National 

Human Genome Research Institute and other relevant NIH institutes. The conferees request that NIH report back to Congress no 

later than September 30, 2004 with progress in its efforts to expand its commitment to multiple sclerosis. The conferees also are 

pleased to note a major success in past years in the creation of a 

joint collaborative research program in ‘‘gender and immunity’’ between the National Institute on Allergy and Infectious Diseases 

(NIAID) and a major voluntary association for the disease, in which 

NINDS participates. The conferees encourage NINDS to seek similar collaborative activities related to MS. 

The conferees urge NINDS, in collaboration with the National 

Institute on Arthritis and Musculoskeletal and Skin Diseases and 

the National Institute of Child Health and Human Development, to 

accelerate clinical trials to improve treatment for patients with 

Duchenne muscular dystrophy. The conferees encourage NINDS to 

actively seek and assess clinical trial proposals and to expedite the 

review process for clinical research in Duchenne muscular dystrophy. The conferees strongly encourage the funding of three additional centers of excellence by the end of fiscal year 2004.

Stroke is the second leading cause of death among women 

worldwide and kills more than twice as many women as do breast 

cancer and AIDS combined. Recognizing that women are the single 

largest group at risk for death from stroke, the conferees believe 

that special attention should be focused on better understanding 

the gender differences with specific attention to stroke related to 

pregnancy; the use of oral contraceptives; and the impact of postmenopausal hormone replacement therapy on stroke risk. The conferees further urge NIH to increase research into new therapies for 

stroke in women as well as ways of enhancing the vascular health 

of all Americans, including (1) a clinical trial of carotid 

endarterectomy and angioplasty/stenting in women, (2) observaVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00775 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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tional research on differences in the way men and women present 

with stroke symptoms, and (3) studies of differences in how men 

and women respond to FDA-approved antiplatelet agents for recurrent stroke prevention. 

The conferees strongly support NIH’s initiatives toward advancing the organization of stroke care and the identification of 

stroke treatment and research centers that would provide rapid, 

early, continuous 24–hour treatment to stroke victims, including 

the use of the clot-buster t-PA, when appropriate. 

NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES

The conference agreement includes $4,335,155,000 for the National Institute of Allergy and Infectious Diseases instead of 

$4,335,255,000 as proposed by both the House and the Senate. 

The conference agreement includes bill language permitting the transfer of $150,000,000 to International Assistance Programs, 

Global Fund to Fight HIV/AIDS, Malaria, and Tuberculosis as proposed by the Senate instead of $100,000,000 as proposed by the 

House. 

The conferees encourage NIAID to enhance its research efforts 

to identify the cause of eosinophilic-myalgia syndrome and to characterize better the pathophysiological events of this disease. The 

conferees support the Institute’s efforts to support a workshop in 

2004 to evaluate the current state of knowledge on EMS. The conferees anticipate that the workshop will identify new scientific opportunities related to the pathogenesis of EMS and improved diagnosis, treatment and prevention strategies. 

The conferees are concerned about the pace of research in the 

area of chronic fatigue and immune dysfunction syndrome. The 

conferees encourage NIAID, in collaboration with NINDS and 

NIMH, to increase its research portfolio in the areas of CFIDS. The 

conferees further request that the NIH report to the Committees 

on Appropriations by March 1, 2004, on the number of grants specifically devoted to CFIDS research, over the past five years. 

NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES

The conference agreement includes $1,916,333,000 for the National Institute of General Medical Sciences instead of 

$1,923,133,000 as proposed by the House and $1,917,033,000 as 

proposed by the Senate. 

NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT

The conference agreement includes $1,250,585,000 for the National Institute of Child Health and Human Development instead 

of $1,245,371,000 as proposed by the House and $1,251,185,000 as 

proposed by the Senate. 

The conferees urge NICHD to continue its cooperation and participation in the Duchenne Muscular Dystrophy programs of the 

National Institute on Arthritis and Musculoskeletal and Skin Diseases and NINDS. The conferees commend NICHD for its involvement in the Paul Wellstone Centers of Excellence programs for 

Muscular Dystrophy, and urge its ongoing commitment to assist 

the funding of clinical trials proposals and expedite the review 

773

process for clinical research in Duchenne Muscular Dystrophy, in 

addition to its investment in new Centers of Excellence. 

NATIONAL EYE INSTITUTE

The conference agreement includes $657,199,000 for the National Eye Institute as proposed by the Senate instead of 

$648,299,000 as proposed by the House. 

The conferees commend the NIH Director’s initiative to advance translational clinical research through the joint efforts of the 

various Institutes, often in partnership with private organizations 

focused on clinical research and patient participation. The conferees are aware of a proposal for a national conference on 

translational clinical research for orphan eye diseases. The Director 

of the NEI is encouraged to consider providing support for this important effort. 

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

The conference agreement includes $636,974,000 for the National Institute of Environmental Health Sciences instead of 

$630,774,000 as proposed by the House and $637,074,000 as proposed by the Senate. 

The conferees recognize the complex environmental exposures 

faced by the residents of rural areas. NIEHS is urged to address 

rural environmental concerns through its environmental health 

sciences core centers program. 

The conferees encourage NIEHS to continue its support for 

critical research required to fill data gaps in environmental health, 

with special concern for children’s health, including the effects of 

mixtures of chemicals on developing nervous systems; accurate exposure levels for environmental chemicals; and the development of 

predictive models of chemical effects on developing systems. The 

conferees encourage the NIEHS to collaborate with the CDC on research focused on environmental chemical mixtures and computational modeling.

NATIONAL INSTITUTE ON AGING

The conference agreement includes $1,031,311,000 for the National Institute on Aging instead of $994,411,000 as proposed by 

the House and $1,031,411,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND

SKIN DISEASES

The conference agreement includes $504,300,000 for the National Institute of Arthritis and Musculoskeletal and Skin Diseases 

instead of $502,778,000 as proposed by the House and 

$505,000,000 as proposed by the Senate. 

The conferees urge NIAMS, in collaboration with NINDS and 

NICHD, to accelerate clinical trials to improve treatment for patients with Duchenne muscular dystrophy. The conferees encourage 

NIAMS to actively seek and assess clinical trial proposals and to 

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cular dystrophy. The conferees encourage the funding for three additional centers of excellence by the end of fiscal year 2004. 

The conferees commend NIAMS for conducting a workshop on 

the ‘‘Burden of Skin Diseases.’’ The workshop participants found 

that there was a lack of specific data on this topic and recommended that general and skin disease-specific measures of the 

burden of skin disease be developed in order to generate data on 

the incidence, prevalence, economic burden, quality of life, disability, and handicaps attributable to these diseases. The conferees 

request that NIAMS provide a detailed action plan of Institute activities to effectively implement the recommendations of the workshop participants. 

NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION

DISORDERS

The conference agreement includes $384,477,000 for the National Institute on Deafness and Other Communication Disorders 

instead of $380,377,000 as proposed by the House and 

$384,577,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF NURSING RESEARCH

The conference agreement includes $135,555,000 for the National Institute of Nursing Research instead of $134,579,000 as 

proposed by the House and $135,579,000 as proposed by the Senate. 

NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM

The conference agreement includes $431,471,000 for the National Institute on Alcohol Abuse and Alcoholism instead of 

$430,121,000 as proposed by the House and $431,521,000 as proposed by the Senate. 

NATIONAL INSTITUTE ON DRUG ABUSE

The conference agreement includes $997,414,000 for the National Institute on Drug Abuse instead of $995,614,000 as proposed 

by the House and $997,614,000 as proposed by the Senate. 

NATIONAL INSTITUTE OF MENTAL HEALTH

The conference agreement includes $1,390,714,000 for the Na- tional Institute of Mental Health instead of $1,382,114,000 as proposed by the House and $1,391,114,000 as proposed by the Senate. 

NATIONAL HUMAN GENOME RESEARCH INSTITUTE

The conference agreement includes $482,222,000 for the Na- tional Human Genome Research Institute instead of $478,072,000 

as proposed by the House and $482,372,000 as proposed by the 

Senate. 

NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING

The conference agreement includes $288,900,000 for the National Institute of Biomedical Imaging and Bioengineering instead 

775

of $282,109,000 as proposed by the House and $289,300,000 as proposed by the Senate. 

NATIONAL CENTER FOR RESEARCH RESOURCES

The conference agreement includes $1,186,183,000 for the National Center for Research Resources instead of $1,053,926,000 as 

proposed by the House and $1,186,483,000 as proposed by the Senate. 

The conference agreement includes bill language to earmark 

$119,220,000 for extramural facilities construction grants as proposed by the Senate. The House did not provide funding for extramural facilities construction. 

Within the total provided for NCRR, the conference agreement 

includes $215,000,000 for the Institutional Development Awards 

(IDeA) program and $320,000,000 for the General Clinical Research Centers as proposed by the Senate. 

The conferees are pleased with reports of the ongoing successes 

of the Science Education Partnerships Award (SEPA) program. The 

NCRR is urged to continue soliciting and funding additional SEPA 

grant applications from science centers and other eligible entities. 

NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE

MEDICINE

The conference agreement includes $117,752,000 for the National Center for Complementary and Alternative Medicine instead 

of $116,202,000 as proposed by the House and $117,902,000 as proposed by the Senate. 

NATIONAL CENTER ON MINORITY HEALTH AND HEALTH DISPARITIES

The conference agreement includes $192,724,000 for the National Center on Minority Health and Health Disparities as proposed by the House instead of $192,824,000 as proposed by the 

Senate. 

JOHN E. FOGARTY INTERNATIONAL CENTER

The conference agreement includes $65,800,000 for the John E. 

Fogarty International Center instead of $64,266,000 as proposed by 

the House and $65,900,000 as proposed by the Senate. 

NATIONAL LIBRARY OF MEDICINE

The conference agreement provides $319,835,000 for the National Library of Medicine, of which $311,635,000 is from budget 

authority and $8,200,000 is from amounts available under section 

241 of the Public Health Service Act to carry out the National Information Center on Health Services Research and Health Care 

Technology. The House had provided $316,040,000, entirely from 

budget authority, and the Senate had provided $320,035,000, of 

which $311,835,000 was from budget authority and $8,200,000 was 

from section 241 authority. 

776

OFFICE OF THE DIRECTOR

(INCLUDING TRANSFER OF FUNDS)

The conference agreement includes $329,707,000 for the Office of the Director instead of $317,983,000 as proposed by the House 

and $323,483,000 as proposed by the Senate. 

The conference agreement includes bill language identifying $7,500,000 for the purposes identified in general provision 221. The conference agreement provides $500,000 for the Foundation for the National Institutes of Health as proposed by the House 

instead of $497,000 as proposed by the Senate. 

The conferees concur with the guidance in the Senate report 

regarding limits for NIH reprogramming requests. 

The conferees concur in the House report language indicating 

that the proposal to multi-year fund some or all NIH grants is not 

approved. 

The conferees recognize that breakthroughs in the physical 

sciences underpin many of the remarkable advances in the life 

sciences that have been achieved during the last century. Increasingly, the boundaries between the life sciences and the physical 

sciences are being blurred, as capacities and talents bridging the 

disciplines are essential for modern experimentation and discovery. 

Accordingly, the conferees believe that a major effort must be undertaken to promote the advancement of research at the interface 

between the life sciences and the physical sciences. This interface 

occurs in many agencies including NIH, NSF, Office of Science, Department of Energy, DARPA, NASA, NOAA, and others. The conferees commend NIH for its plans to evaluate, as part of the NIH 

Roadmap process, what steps need to be taken to encourage 

progress in the physical sciences that will provide support and underpinning for future advances in the life sciences and to convene 

a conference to discuss this issue with other Federal agencies. 

The conferees commend NIH for recently awarding nine fiveyear grants to expand research on autoimmune disease and to increase the number of autoimmunity centers of excellence. This coordinated approach, under the NIH Autoimmune Diseases Coordinating Committee, involves the full spectrum of NIH Institutes. It 

marks a promising start in implementing the recommendations of 

the NIH Autoimmune Diseases Research Plan. 

The Committee encourages the Office of Rare Diseases to work 

in association with NINDS in studying Niemann-Pick Type C, a 

rare metabolic disorder in which harmful quantities of cholesterol 

and other fatty substances accumulate in the spleen, liver, lungs, 

bone marrow and most often in the brain. 

The conferees urge NIH to support the efforts of universities, 

medical schools, scientific societies and other groups that are working to develop and implement a system for voluntary, peer-driven 

accreditation of organizations throughout the country which are engaged in research involving human subjects. 

The conferees encourage the Office of Dietary Supplements and 

NCCAM to review and consider funding research to elucidate the 

mechanisms of action of the B vitamins and antioxidant 

phytochemicals in berries so that work in animal models can be extended to human studies. Research with animals has shown that 

777

diets containing berry fruits (such as blueberries) as well as B vitamins can forestall and perhaps reverse many of the neurological 

changes that are associated with age-related neurodegenerative 

conditions such as Parkinson’s and Alzheimer’s disease. 

BUILDINGS AND FACILITIES

The conference agreement includes $89,500,000 for buildings 

and facilities as proposed by the Senate instead of $80,000,000 as 

proposed by the House. 

The conference agreement includes language granting full 

scope authority for the contracting of construction of the first and 

second phases of the John E. Porter Neurosciences Building as proposed by the Senate. The House did not have a similar provision. 

Due to extensive community concerns about the proposed construction of a BSL–3 lab on NIH’s main Bethesda, MD campus, the 

conferees expect NIH to: (1) submit a report to the Senate and 

House Appropriations Committees within 60 days of enactment of 

this Act detailing the reasons why NIH believes the lab should not 

be built at Fort Detrick, MD; (2) provide the community with detailed information regarding ongoing risk assessments and proposed safety policies to protect NIH employees and the local community; and (3) provide a mechanism for ongoing involvement between NIH and the local community to provide information about 

lab safety, research, and activities. 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 

ADMINISTRATION 

SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES

The conference agreement includes $3,370,813,000 for substance abuse and mental health services, of which $3,253,763,000 

is provided through budget authority and $117,050,000 is provided 

through the evaluation set-aside. The House bill had proposed 

$3,345,000,000 for SAMHSA, of which $16,000,000 was from the 

evaluation set-aside and the Senate proposed $3,274,590,000, of 

which $117,050,000 was from the evaluation set-aside. The conference agreement includes bill language establishing a limitation 

of five percent of the block grant appropriation for funding of data 

collection activities as proposed by the Senate. 

Within the total provided, the conference agreement includes 

funding at no less than the fiscal year 2003 level for activities 

throughout SAMHSA that are targeted to address the growing 

HIV/AIDS epidemic and its disparate impact on communities of 

color. 

The conference agreement includes bill language identifying 

$14,985,000 for projects in the amounts specified in the statement 

of the managers on the conference report. 

CENTER FOR MENTAL HEALTH SERVICES

The conference agreement includes $242,379,000 for programs 

of regional and national significance instead of $237,000,000 as 

proposed by the House and $237,667,000 as proposed by the Senate. 

778

Within the total provided, the conference agreement provides 

$95,000,000 for counseling services for school-aged youth as proposed by the Senate. As proposed by the Senate, $3,000,000 is provided to support the National Suicide Prevention Resource Center, 

and continued support is provided for the Suicide Prevention Hotline program at the fiscal year 2003 level. 

Within the total provided, $30,000,000 is provided under section 582 of the Public Health Service Act to support grants to local 

mental health providers for the purposes of developing knowledge 

of best practices and providing mental health services to children 

and youth suffering from post-traumatic stress disorder as a result 

of having witnessed or experienced a traumatic event. 

The conference agreement includes $2,500,000 for a nationwide, three-year public service campaign to reduce the stigma of 

mental illness. The conferees expect SAMHSA to work in partnership with a private, non-profit agency that is the leading producer 

of public service advertisements (PSAs) and is able to use the services of volunteer advertising agencies and donated media. 

The conferees are concerned about the problem of chronic 

homelessness across the Nation. Within the total for mental health 

programs of regional and national significance, the conference 

agreement provides funds at no less than the fiscal year 2003 level 

for programs addressing homelessness. 

The conference agreement provides $2,000,000 to continue the 

current level of funding for the consumer and consumer-supporter 

national technical assistance centers as proposed by the Senate. 

The conferees direct CMHS to support multi-year grants to fund 

five such national technical assistance centers. 

The conference agreement provides $5,000,000 to continue the 

elderly treatment and outreach program. 

As proposed by the House, the conference agreement provides 

$7,000,000 for the jail diversion program. 

The conferees include the following amounts for the following 

projects and activities in fiscal year 2004:

AgriWellness, Inc. in Harlan, Iowa, for the Sowing the Seeds of 

Hope rural mental health project ..................................................... $160,000

Alfred University, Alfred, NY for the Lea R. Powell Institute for 

Children and Families: Improving Access to High Quality Mental 

Health Services in Underserved, Isolated Rural Areas .................. 500,000

American Red Cross, Lower Bucks County Chapter, Levittown, PA 

for the Homeless Services Program .................................................. 200,000

Bellefaire Jewish Children’s Bureau, Cleveland, OH for the Social 

Advocates for Youth (SAY) project ................................................... 500,000

Boone Community Family Center, Philadelphia, PA to develop and 

implement adolescent suicide prevention pilot program in Philadelphia schools ................................................................................... 50,000

Cheyenne River Sioux Tribe in Eagle Butte, South Dakota for mental health services .............................................................................. 225,000

CONTACT of Mercer County, Trenton, NJ ......................................... 35,000

Dauphine County department of Human Services, Dauphin County, PA for the Mental Health Court Program to help the Dauphin 

County courts and prisons work with individuals with mental 

health and substance abuse problems .............................................. 100,000

Deschutes County, Oregon, to develop a program providing mental 

health services for rural communities .............................................. 100,000

Family Communications Inc. in Pittsburgh, PA, for an antiviolence 

program entitled the National Project Managing Anger, Promoting Safety ..................................................................................... 100,000

779

Institute for the Study and Practice of Nonviolence of Providence, 

RI for the Streetworkers Program to reduce youth crime, violence 

and drug abuse ................................................................................... 50,000

Jewish Association for Residential Care, Farmington Hills, MI ....... 150,000

KidPeace, Orefield, PA to diagnose children with mental health 

problems .............................................................................................. 100,000

Lawrence Hall Youth Services in Chicago, Illinois for mental 

health and related support services ................................................. 50,000

Mental Health Center of Dane County, Inc., Madison, WI to provide culturally appropriate mental health services to the Hmong 

community .......................................................................................... 100,000

Noah’s Ark—A Safe Place, Inc., for mental and emotional counseling for young men in several Pennsylvania counties ................. 150,000

Northwestern Academy, Lafayette Hill, PA for equipment and personnel to provide for a program to diagnose and treat delinquent, 

mentally ill adolescents through the delivery of comprehensive 

psychological and psychiatric services .............................................. 100,000

Oklahoma Department of Mental Health and Substance Abuse 

Services, Oklahoma City, for the Substance Abuse and Mental 

Health Cross Training Initiative ...................................................... 50,000

Potter County Human Services, Roulette, PA for a Youth Community Awareness program that will provide community outreach 

and assistance to address the rising number of teen suicides in 

Potter County ..................................................................................... 75,000

See Forever Foundation, Washington, DC to provide the mental 

health services needed by the students of the Maya Angelou Public Charter School ............................................................................... 400,000

Temple University, Center for Social Policy and Community Development, Philadelphia, PA to develop and implement a twopronged Adolescent Suicide Prevention Pilot Program ................... 1,000,000

Ventura County Probation Agency, Ventura, CA for the Emotionally Challenged Juvenile Offender Intervention Program .............. 500,000

Western Psychiatric Institute and Clinic, Pittsburgh, PA for Computerized Decision Support for Chronic Care Management of Psychiatric Disorders ............................................................................... 250,000

Women’s Crisis Center, Covington, KY, to provide rape counseling, 

community outreach and related mental health programs ............ 100,000

The conference agreement includes $437,140,000 for the mental health block grant, which includes $21,850,000 from the evaluation set-aside as proposed by the Senate, instead of $435,000,000 

as proposed by the House. The House proposed funding to 

SAMHSA through direct appropriation rather than using the evaluation set-aside. 

The conference agreement includes $103,026,000 for children’s 

mental health grants rather than $108,000,000 as proposed by the 

House and $98,052,000 as proposed by the Senate. 

The conference agreement provides $50,055,000 for grants to 

States for the homeless (PATH) as proposed by the House rather 

than $47,073,000 as proposed by the Senate. 

The conference agreement includes $34,825,000 for protection 

and advocacy instead of $33,870,000 as proposed by the House and 

$35,779,000 as proposed by the Senate. 

CENTER FOR SUBSTANCE ABUSE TREATMENT

The conference agreement includes $421,975,000 for programs 

of regional and national significance instead of $417,278,000 as 

proposed by the House and $327,071,000 as proposed by the Senate. 

Within funds provided, $100,000,000 is for the new drug and 

alcohol treatment voucher initiative as proposed by the House. The 

780

Senate did not include funding for this program. The conferees applaud the Administration for proposing this initiative, the Access 

to Recovery program, which will provide much-needed funds to increase capacity and expand access to alcohol and drug treatment. 

The conferees expect that the new voucher program will support 

evidenced-based practice and will provide medically appropriate 

treatment for individuals needing care. To this end, the conferees 

expect that States and providers receiving funds under this program will use assessment and placement criteria developed by national experts, such as the American Society of Addiction Medicine. 

The conferees support the Administration’s goal of opening new 

pathways to treatment. At the same time however, the conferees 

direct that all providers participating in the Access to Recovery 

program should be held accountable to the same standards of care, 

performance, licensure and certification requirements as other licensed or certified drug and alcohol programs in their respective 

States. The conferees direct SAMHSA to report to the House and 

Senate Committees on Appropriations 30 days after Access to Recovery funds are distributed regarding the States that applied for 

and received grants, the amount awarded to each State, and the 

services each State will provide with these funds. Furthermore, no 

funds shall be expended under this Act for the implementation of 

the Access to Recovery voucher program other than those funds 

specifically provided for by the conferees. 

The conference agreement provides $10,000,000 for treatment 

programs for pregnant, postpartum and residential women and 

their children as proposed by the Senate. 

The conferees are concerned about the problem of chronic 

homelessness across the Nation. Within the total for substance 

abuse treatment programs of regional and national significance, 

the conference agreement provides funds at no less than the fiscal 

year 2003 level for programs addressing homelessness. 

The conference agreement provides $33,901,000 for targeting 

specific treatment approaches for adolescents and young adults. 

The conferees are aware that there are becoming fewer treatment 

options for teens and young adults and provide this funding to address that specific treatment gap. 

Included in the conference agreement is $35,000,000 for targeted capacity expansion for general populations, as proposed by 

the Senate. 

The conferees have not included funds for the Screening, Brief 

Intervention, Referral and Treatment (SBIRT) program and direct 

that none of the funds provided in this Act for existing programs 

shall be reduced below fiscal year 2003 levels to fund the SBIRT 

program. 

The conferees include the following amounts for the following 

projects and activities in fiscal year 2004:

19th Judicial District Drug Court, Baton Rouge, LA, to implement 

a 28-Bed Residential Program at the Earl K. Long Hospital ......... $71,000

Akeela, Inc. Re-Entry Program, Anchorage, AK to increase retention at Akeela House by re-establishing a cultural component to 

the treatment environment, and to enhance transition of inmates 

from prison-based treatment programs back into the community 200,000

Alaska Christian College, Soldotna, AK for operations of residential 

substance abuse program for adolescents ........................................ 150,000

781

Baltimore City, to expand drug treatment services ............................ 1,000,000

Behavior Management Systems in Rapid City, South Dakota for 

substance abuse treatment ................................................................ 250,000

Cedar Valley Friends of the Family, Inc., Waverly, IA ...................... 100,000

Center for the Study of Addiction at Texas Tech University, Lubbock, TX .............................................................................................. 250,000

City of Wrangell, AK for its Avenues Program to provide comprehensive substance abuse treatment services for the community ...................................................................................................... 100,000

Community Services for Children, Allentown, PA to remediate and 

reverse the impact of drug use by pregnant mothers on their 

newborn infants .................................................................................. 50,000

Cook Inlet Council on Alcohol and Drug Abuse, Kenai, AK for 

treatment of women and children with substance abuse problems 200,000

Doe Fund, Inc., Philadelphia, PA to provide substance abuse treatment services ...................................................................................... 100,000

Fairbanks Community Initiative for Chronic Inebriates, Fairbanks, 

AK to operate community programs to provide treatment and 

services to chronic inebriates ............................................................ 700,000

Healing Place, Louisville, KY ............................................................... 113,000

Institute for Research, Education, and Training In Addictions 

(IRETA), Pittsburgh, PA to implement and complete several 

major model projects concerning alcohol and drug use ................... 200,000

Iowa Office of Drug Control Policy, Des Moines, to develop Drug 

Endangered Children rapid response teams that will intervene 

on behalf of children exposed to methamphetamine as a result of 

residing in a home-based clandestine drug laboratory ................... 146,000

Municipality of Anchorage for comprehensive substance abuse 

treatment services, focusing on transitional populations ............... 500,000

Pinon Hills Residential Treatment Center in Valarde, New Mexico 150,000

Ramsey County ACE Program, Minnesota to provide staffing for a 

research-based early intervention program for children under 10 

at high risk for serious, violent and chronic juvenile delinquency 50,000

Recovery Options for Addictive Disorders (ROADS), Fort Worth, TX 

for outpatient treatment services and to continue the ROADS 

project .................................................................................................. 400,000

Second Chance Program, La Mesa, CA, for a substance abuse rehabilitation demonstration transition program in the New Mexico 

State prison system ............................................................................ 350,000

University of South Florida, Louis de la Parte Florida Mental 

Health Institute, Tampa, FL for the National Implementation 

Research Network .............................................................................. 500,000

Vinland National Center, Loretto, MN to provide chemical dependency treatment services for individuals with co-occurring disorders .................................................................................................. 200,000

Wayne County, MI for the Anti-addiction Treatment Project to pilot 

a treatment protocol that blocks the craving for heroin ................. 350,000

Yankton Sioux Tribe in Marty, South Dakota for substance abuse 

treatment at Canku Teca .................................................................. 200,000

The conference agreement includes $1,789,235,000 for the Substance Abuse Prevention and Treatment Block Grant, of which 

$1,710,035,000 is budget authority and $79,200,000 is provided 

through the PHS evaluation funding tap. The House bill had proposed $1,774,538,000 and the Senate proposed $1,803,932,000, of 

which $79,200,000 was derived through the evaluation tap. The 

conference agreement includes bill language establishing a limitation of five percent of the block grant appropriation for funding of 

data collection activities as proposed by the Senate. 

CENTER FOR SUBSTANCE ABUSE PREVENTION

The conference agreement includes $199,763,000 for programs 

of regional and national significance instead of $198,000,000 as 

782

proposed by the House and $194,306,000 as proposed by the Senate. 

The conference agreement provides $5,000,000 to continue and 

expand the program funded for the last two years regarding ecstasy and other club drugs as proposed by the Senate. 

Included in the conference agreement is $10,000,000 for Fetal 

Alcohol Syndrome/Fetal Alcohol Effect (FAS/FAE) prevention and 

treatment programs, with an emphasis on teenage mothers as proposed by the Senate. 

The conferees include the following amounts for the following 

projects and activities in fiscal year 2004:

Abraham Hall Emergency Youth Shelter, Paducah, KY .................... $75,000

Centre County, PA, to implement, in coordination with Clinton 

County, educational programming targeting the prevention of 

drug use by students .......................................................................... 200,000

Clinton County Communities That Care, Lock Haven, PA, for a 

program that helps families cope with drug and behavioral problems ..................................................................................................... 100,000

Coalition for a Safe and Drug Free St. Petersburg, Inc., St. Petersburg, FL .............................................................................................. 500,000

Community Health Center on the Big Island of Hawaii for Youth 

Anti-Drug Program ............................................................................ 250,000

Corporate Alliance for Drug Education, Bala Cynwyd, PA for an elementary school-based prevention program to teach children to 

reject substance abuse and violence while helping them to identify positive alternatives to harmful situations ............................... 250,000

District Attorney of the 24th Judicial District of Louisiana, Gretna, 

LA for Jefferson Parish SE Louisiana Drug Prevention and Education Program ................................................................................... 300,000

Drug Free Pennsylvania, Inc., Harrisburg, PA, for a media literacy 

project to prevent drug use by students ........................................... 25,000 

DuPage County, Psychological Services, Wheaton, IL for the 

DuPage Prevention Partnership ti initiate treatment, intervention and prevention services targeted at reducing substance 

abuse, violence, juvenile and community crime county-wide ......... 260,000

Lea County, New Mexico for substance abuse counseling and treatment of detention center residents ................................................... 350,000

National Association of Alcoholism and Drug Abuse Counselors, Alexandria, VA, to recruit, retain, and train alcohol and other drug 

treatment professionals in Ohio ........................................................ 100,000

Security on Campus, Inc., King of Prussia, PA, to distribute educational materials to high schools in Pennsylvania aimed at informing students of the high risks of underage and binge drinking ........................................................................................................ 25,000

Stone Soup Group, Anchorage, AK to expand services to FAS/FAE 

children and their families ................................................................ 200,000

University of Cincinnati, College of Education, Center for Prevention Studies, Cincinnati, OH for Ohio Bridgebuilders .................... 500,000

University of South Dakota School of Medicine Center for Disabilities in Sioux Falls, SD to continue the work of the Consortium 

of Fetal Alcohol Syndrome ................................................................. 475,000

PROGRAM MANAGEMENT

The conference agreement includes $92,415,000 for program 

management, of which $16,000,000 is provided through the evaluation set-aside. The House bill had proposed $91,259,000 and the 

Senate bill had proposed $93,570,000. 

783

AGENCY FOR HEALTHCARE RESEARCH AND QUALITY 

HEALTHCARE RESEARCH AND QUALITY

The conference agreement includes $303,695,000 as proposed 

by both the House and Senate. The agreement provides all these 

funds through the policy evaluation set-aside. 

The conference agreement provides $79,500,000 for reducing 

medical errors instead of $75,000,000 as proposed by the House 

and $84,000,000 as proposed by the Senate. The agreement includes modified House bill language identifying $12,000,000 for the 

conduct of research on the comparative clinical effectiveness, costeffectiveness and safety of drugs and devices. The conferees understand that the agency will use grants, contracts and other funding 

mechanisms to support the Administration’s patient safety hospital 

information technology initiative.

The conferees concur with the Senate report language urging 

AHRQ to support evidence-based research focused on the relationship between metabolic genes and drug efficacy and safety. 

The conferees concur in the House report language regarding 

public-private sector partnerships in the adoption and use of standards and technology to support quality and safety. 

The conferees believe health services research can address the 

real and growing threats to the quality of care and patient safety 

created by an inadequate supply of nurses. The conferees encourage AHRQ to continue to support research that further promotes 

patient safety by understanding linkages to the work environment, 

retention of nurses, the impact of an aging nurse workforce, and 

outcomes of care. This research should include the development of 

data needed to conduct the research and should be undertaken in 

collaboration with the Division of Nursing within HRSA, the National Institute of Nursing Research, and other relevant agencies. 

CENTERS FOR MEDICARE AND MEDICAID SERVICES 

GRANTS TO STATES FOR MEDICAID

The conference agreement provides $130,892,197,000 for Medicaid grants as proposed by the House instead of $124,892,197,000 

as proposed by the Senate. These funds meet the requirements of 

the temporary increase in the Federal match rate provided in Public Law 108–27. 

The conferees have been made aware of concerns from the City 

of San Juan, Puerto Rico related to the disbursement of Federal 

Medicaid funds to its municipal health care system. The conferees 

direct CMS to expand and update its study of the issues related to 

the current disbursement system of Federal Medicaid to providers 

in the City of San Juan, so as to ensure that eligible beneficiaries 

have access to Medicaid-covered health care services. Such a study 

should examine any existing barriers to care and the adequacy of 

the provider network, as well as any lack of capacity that may exist 

as a result of the current system. CMS is further directed to report 

the findings of this study back to the Committee on Appropriations 

no less than six months after the enactment of this Act. 

784

PROGRAM MANAGEMENT

The conference agreement includes $2,664,994,000 for program 

management instead of $2,698,025,000 as proposed by the House 

and $2,707,603,000 as proposed by the Senate. An additional appropriation of $720,000,000 has been provided for the Medicare Integrity Program through the Health Insurance Portability and Accountability Act of 1996. 

The conference agreement includes $78,791,000 for research, 

demonstration, and evaluation instead of $27,918,000 as proposed 

by the House and $67,400,000 as proposed by the Senate. Within 

the total provided, the conference agreement provides $40,000,000 

for Real Choice Systems Change Grants to States and $6,000,000 

is provided for a national demonstration to address workforce 

shortages of community service direct care workers. These two provisions were included in the Senate bill but not the House bill. The 

conferees concur in Senate report language regarding program 

management techniques for long-term care systems. The conferees 

are pleased with the demonstration project at participating sites licensed by the Program for Reversing Heart Disease and encourage 

its continuation. The conferees further urge CMS to continue with 

the demonstration project being conducted at the Mind Body Institute of Boston, Massachusetts. The conferees urge CMS to continue 

its research activities targeted towards ensuring culturally sensitive health care for American Samoans. 

The agreement includes bill language for the following projects 

and activities for fiscal year 2004:

Advocate Health Care in Oak Brook, IL for health education programs and services to the deaf and hard-of-hearing ....................... $100,000

AIDS Healthcare Foundation in Los Angeles for a demonstration of 

residential and outpatient treatment facilities ................................ 1,750,000

Berwick Hospital Center, Berwick, PA for stabilizing the workforce 

for patient care ................................................................................... 250,000

Bloomsburg Hospital, Bloomsburg, PA for stabilizing the workforce 

for patient care ................................................................................... 163,000

Cheyenne River Sioux Tribe in Eagle Butte, SD to establish a nursing home ............................................................................................. 275,000

Community Medical Center, Scranton, PA for stabilizing the workforce for patient care .......................................................................... 778,000

Cook County (IL) Bureau of Health Services to improve the management of vulnerable patients with poorly controlled diabetes .... 150,000

Divine Providence Hospital, Williamsport, PA for stabilizing the 

workforce for patient care ................................................................. 178,000

Geisinger Wyoming Valley Medical Center, Wilkes-Barre, PA for 

stabilizing the workforce for patient care ........................................ 267,000

Hazleton General Hospital, Hazleton, PA for stabilizing the workforce for patient care .......................................................................... 237,000

Hope Worldwide, Philadelphia, PA to maintain clinical care for recovering drug and alcohol addicts ..................................................... 25,000

Illinois Primary Health Care Association for the Shared Integrated 

Management Information System, Springfield, IL .......................... 825,000

James S. Taylor Memorial Home, Louisville, KY ............................... 250,000

Jefferson Area Board for Aging, Charlottesville, VA for the Nursing 

Assistant Institute ............................................................................. 100,000

Jersey Shore Hospital, Jersey Shore, PA for stabilizing the workforce for patient care .......................................................................... 85,000

Marian Community Hospital, Carbondale, PA for stabilizing the 

workforce for patient care ................................................................. 179,000

Medical Care for Children Partnership, Fairfax, VA to provide outreach to increase access to medical and dental care for children 200,000

785

Mercy Health Partners, Scranton, PA for stabilizing the workforce 

for patient care ................................................................................... 393,000

Mercy Hospital, Wilkes-Barre, PA for stabilizing the workforce for 

patient care ......................................................................................... 571,000

Mid-Valley Hospital, Peckville, PA for stabilizing the workforce for 

patient care ......................................................................................... 63,000

Moses Taylor Hospital, Scranton, PA for stabilizing the workforce 

for patient care ................................................................................... 510,000 

Muncy Valley Hospital, Muncy, PA for stabilizing the workforce for 

patient care ......................................................................................... 109,000

Muskegon Community Health Project, Muskegon, MI for the Access Health program .......................................................................... 225,000

North Penn Visiting Nurse Association, Lansdale, PA to provide 

low-cost or free health care to children who do not have health 

insurance ............................................................................................. 75,000

Patient Advocate Foundation, Newport News, VA to provide direct 

intervention assistance to patients throughout U.S. who are experiencing difficulty in accessing quality health care services ....... 122,000

Rhode Island Hospital—Medical Simulation Center of Providence, 

RI for the creation of a transportable simulation-based training 

curriculum and validated human performance measurement system ....................................................................................................... 100,000

Saint Joseph Medical Center, Hazleton, PA for stabilizing the 

workforce for patient care ................................................................. 256,000

Santa Clara County, CA for its Children’s Health Initiative program to provide outreach and enrollment assistance for families 

under 300% of federal poverty level ................................................. 100,000

Sharon Regional Health System, Sharon, PA for stabilizing the 

workforce for patient care ................................................................. 664,000

Sickle Cell Medical Treatment & Education Center, St. Louis Children’s Hospital, St. Louis, MO to improve the academic achievement of children with Sickle Cell Disease with specific cognitive 

rehabilitation ...................................................................................... 25,000

Tyler Memorial Hospital, Tunkhannock, PA for stabilizing the 

workforce for patient care ................................................................. 111,000

United Community Hospital, Grove City, PA for stabilizing the 

workforce for patient care ................................................................. 174,000

UPMC Horizon, Farrell, PA for stabilizing the workforce for patient care ............................................................................................. 503,000

Williamsport Hospital & Medical Center, Williamsport, PA for stabilizing the workforce for patient care ............................................. 613,000

Wyoming Valley Health Care System, Wilkes-Barre, PA for stabilizing the workforce for patient care ................................................ 965,000

The conference agreement includes bill language identifying 

$30,000,000 for the CMS revitalization plan as proposed by the 

Senate instead of $65,000,000 as proposed by the House. 

The conference agreement does not include language that was in the House bill identifying $129,000,000 for processing Medicare 

appeals. Funding is included to support the Social Security Administration’s costs of Medicare hearings workloads. 

The conference agreement includes $1,722,889,000 for Medicare operations instead of $1,776,889,000 as proposed by both the 

House and the Senate. The conference agreement does not include 

the $98,000,000 reduction to Medicare operations included in general provision 217 of the House bill. The conference agreement includes bill language proposed by the Senate making up to an additional $18,000,000 available to CMS for Medicare claims processing 

if unit costs of claims exceed particular thresholds. The House bill 

did not contain similar language. 

The conferees are concerned that the proposed Medicare ‘‘75% 

Rule’’ classifying inpatient rehabilitation facilities (IRFs) would 

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ferees concur with the Medicare Payment Advisory Commission 

(MedPAC) finding that further analysis should be conducted to 

identify which criteria are clinically appropriate for inclusion in the 

calculation of the rule used to determine eligibility for reimbursement under the IRF prospective payment system. The conferees direct CMS to contract with the Institute of Medicine to issue a report, in consultation with a panel of independent experts in the 

field of physical medicine and rehabilitation, to establish clinically 

appropriate standards for medical necessity and clinically appropriate qualification criteria for IRFs. During the study period, the 

conferees expect the Secretary to delay implementation of the 75% 

rule, delay implementation of local medical review policies concerning medical necessity, and not accept new IRF applications 

until the report is finished. 

The conferees are concerned that CMS has not updated since 

1992 the relative values code for the provision of portable services, 

such as X-rays, despite the statutory requirement to update these 

codes every five years. This failure may be contributing to the utilization of more costly care settings. The conferees urge the Secretary, within 90 days of enactment of this Act, to review the relative values code for portable X-ray providers and to update this 

code utilizing existing data. 

The conferees are aware that a final rule to revise the 2004 

Medicare Fee Schedule for payment to physicians was issued on 

November 7, 2003. The rule will change payment for physicians 

managing dialysis patients to reflect the varying number of visits 

performed each month to an end-stage renal disease (ESRD) patient. Yet, there appears to be no published evidence that visiting 

dialysis patients more frequently than once per month correlates 

with improved outcomes. Moreover, the conferees are concerned 

that this change in payment methodology may have serious implications for ESRD patients who reside in rural communities. The 

conferees understand that it is equally plausible that the quality 

of an individual visit is more critical to ensuring optimal outcomes 

than is the frequency of visits. Therefore, the conferees expect CMS 

to consult with the General Accounting Office, the Relative Value 

Update Committee, and clinical nephrology societies, as well as relevant provider and patient organizations, to evaluate and develop 

an alternative payment reform that facilitates enhanced physician/

dialysis patient interaction and outcomes. 

ADMINISTRATION FOR CHILDREN AND FAMILIES 

PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND

FAMILY SUPPORT PROGRAMS

The conference agreement provides $3,292,970,000 for payments to States for child support enforcement and family support 

programs. The House bill had proposed $3,292,970,000 and the 

Senate bill had proposed $3,292,270,000. 

LOW-INCOME HOME ENERGY ASSISTANCE

The conference agreement provides $1,900,000,000 for low-in- come home energy assistance rather than $1,800,000,000 as proVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00790 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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posed by the House and $2,000,000,000 as proposed by the Senate. 

Of the amount provided $1,800,000,000 is provided for formula 

grants to States. The House bill had proposed $1,700,000,000 for 

State formula grants and the Senate bill proposed $2,000,000,000. 

Within the funds available, $27,500,000 is included for the 

leveraging incentive fund as proposed by the Senate. The conference agreement includes $100,000,000 as proposed 

by the House for the contingency fund to meet the additional home 

energy assistance needs arising from a natural disaster or other 

emergency. The Senate bill did not include funds for the contingency fund. The conferees expect the Secretary to consider the factors identified in the statute when making decisions about the release of funds. The conferees are aware that the Secretary formally 

notifies the authorizing committees in advance of issuing grants 

from LIHEAP contingency funds, pursuant to Section 2604(e) of the 

Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 

8623(e)). The conferees request that the House and Senate Committees on Appropriations receive copies of such notifications in advance of issuing grants. The conferees urge the Department to provide regular information on significant, unanticipated changes in 

home heating and cooling costs and to receive quarterly reports on 

significant variances in regional weather data and fuel prices to the 

Committees on Appropriations and the appropriate authorizing 

committees. Such reports should be provided within 30 days of the 

end of any fiscal quarter in which LIHEAP contingency funds remain available for obligation. In addition, the conferees request for 

any quarter in which there is a release of funds to receive a detailed explanation of the factors used to determine the distribution 

of funds among States. 

The conferees are aware that one of the criteria for release of 

emergency funds is a significant increase in disconnections. The 

precursor to disconnection is a household in arrearage. The conferees believe that helping families prior to disconnection would 

prevent safety and health concerns surrounding a household without energy services. For that reason, the conferees urge the Secretary to monitor arrearage trends nationwide and consider a significant increase in arrearage rates as part of the disconnection criteria. 

REFUGEE AND ENTRANT ASSISTANCE

The conference agreement includes $450,276,000 for the ref- ugee and entrant assistance programs rather than $461,853,000 as 

proposed by the House and $428,056,000 as proposed by the Senate. 

The conference agreement includes $170,000,000 for the transitional and medical services programs rather than $200,193,000 as 

proposed by the House and $180,000,000 as proposed by the Senate. 

The conferees recognize the positive outcomes achieved for individuals served through the matching grant fund program. Therefore, the conferees encourage the Office of Refugee Resettlement 

(ORR) to ensure that the matching grant program is not disproportionately affected by the funding reductions proposed due to lower 

admissions to the United States. The conferees request, as part of 

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the fiscal year 2005 Congressional budget justification, that the 

ORR provide a detailed breakdown on the plan for allocating funding under the transitional and medical services program. 

The conference agreement provides $9,968,000 for both the victims of trafficking program and the victims of torture program. The 

House bill had included $10,000,000 for each program and the Senate bill had proposed $9,935,000 for each program. 

The conference agreement provides $153,121,000 for social 

services, the same level as proposed in the House bill. The Senate 

had proposed $140,000,000 for this program. Within funds provided, the conference agreement includes $19,000,000 for increased 

support to communities with large concentrations of Cuban and 

Haitian refugees of varying ages whose cultural differences make 

assimilation especially difficult justifying a more intense level and 

longer duration of Federal assistance for healthcare and education. 

The conference agreement includes $4,820,000 for preventive 

health rather than $4,835,000 as proposed by the House and 

$4,804,000 as proposed by the Senate. 

The conference agreement includes $49,316,000 for targeted 

assistance. The House bill had proposed $49,477,000 and the Senate had proposed $49,155,000 for this program. The conference agreement provides $53,083,000 for the unac- companied alien children program rather than $34,227,000 as proposed by both the House and Senate. These additional funds will 

enable the Office of Refugee Resettlement to meet its obligations 

under the Homeland Security Act, which transferred the administration of this program from the former Immigration and Naturalization Service. The conferees intend that funding provided 

above the budget request be used to continue making progress toward providing appropriate facilities for the care of children; improving medical services that address the needs of such children; 

and enhancing the legal representation for those involved in this 

program. 

The conferees recognize the importance of continued educational support to schools with a significant proportion of refugee 

children, consistent with previous support to schools heavily impacted by large concentrations of refugees, and urge the Office of 

Refugee Resettlement to support these efforts should funding become available in the social services or other programs. 

PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT

BLOCK GRANT

The conference agreement includes $2,099,729,000 for the child 

care and development block grant, the same level as both the 

House and Senate bills. Included in the bill is $9,864,000 within 

the total funds provided, for child care research, demonstration, 

and evaluation activities as proposed by the House. The Senate bill 

had included $10,000,000 for these activities. 

SOCIAL SERVICES BLOCK GRANT

The conference agreement provides $1,700,000,000 for the social services block grant, the same level as proposed in both the 

House and Senate bills. The conference agreement provides 10 perVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00792 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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cent transfer authority between the social services block grant and 

the temporary assistance for needy families program (TANF). The 

House bill had proposed 5.5 percent transferability. The Senate did 

not include a similar provision. 

CHILDREN AND FAMILIES SERVICES PROGRAMS

The conference agreement includes $8,822,097,000 for children and families services programs, of which $6,000,000 is provided 

through the evaluation set-aside. The House proposed 

$8,614,670,000 for these programs and the Senate proposed 

$8,788,457,000, of which $6,000,000 was from the evaluation setaside. 

Head Start 

The conference agreement includes $6,815,570,000 for Head 

Start, the same as both the House and Senate bills. The agreement 

includes $1,400,000,000 in advance funding, the same level as proposed by both the House and Senate. 

The conferees are aware that approximately one-third of Head 

Start programs are affiliated with public school systems and often 

combine or coordinate the transportation of Head Start, preschool, 

and K–12 students. In addition, many center-based Head Start programs coordinate with local transit authorities to provide supervised transportation to Head Start children whose parents work 

non-traditional hours or whose geographical distance from the parent’s place of employment creates a barrier to Head Start participation. Differences between Head Start transportation regulations, 

promulgated by the U.S. Department of Health and Human Services, and those promulgated by State and local authorities, may 

have the unintended consequence of reducing transportation services for Head Start students, and in turn, decrease transportation 

options for children. These differences may leave Head Start children without transportation or relying on parents to provide transportation in their vehicles. 

The conferees recognize that children’s safety is the most important consideration and that many students participating in 

Head Start programs need access to safe and reliable transportation provided by public schools or local transit systems. For this 

reason, the conferees direct the U.S. Department of Health and 

Human Services to offer a waiver option to local educational agency-contracted Head Start programs that provide integrated transportation to Head Start students. In cases where public schools or 

local transit authorities provide Head Start services, local educational agencies should have the option to comply with transportation standards for preschool students mandated by the State or 

local educational agencies, transit agencies, State Departments of 

Transportation or the U.S. Department of Health and Human Services. 

Consolidated Runaway and Homeless Youth Program 

The conference agreement includes $89,978,000 for the consolidated runaway and homeless youth program, the same level as proposed by the Senate, rather than $88,043,000 as proposed by the 

House. Within the funds provided, $40,505,000 is available for the 

790

transitional living program (TLP) and $49,473,000 is for basic centers as proposed by the Senate. 

Prevention Grants To Reduce Abuse of Runaway Youth 

The conference agreement includes $15,399,000 for prevention 

grants to reduce abuse of runaway youth as proposed by the Senate. The House bill had proposed $14,999,000 for these grants. 

Child abuse 

The conference agreement includes $34,623,000 for child abuse 

discretionary programs instead of $26,301,000 as proposed by the 

House and $28,401,000 as proposed by the Senate. Within the 

funds provided for child abuse prevention programs, the agreement 

includes the following items:

AGAPE of Central Alabama, Inc., Montgomery, Alabama, for their 

work with children in need ............................................................... $70,000

Alaska Native Health Board and the State of Alaska to develop 

and implement statewide child abuse prevention and treatment 

plan for Alaska children and parents ............................................... 500,000

Blair County Children and Youth Services, Blair County, Pennsylvania, to develop a Family Intervention Program to keep families 

together ............................................................................................... 150,000

Blount County Health Care Authority, Oneonta, AL, for services 

through a service mall ....................................................................... 250,000

Boys and Girls Home of Nebraska, Inc., Lincoln, NE for child abuse 

prevention services and counseling services .................................... 250,000

Catholic Community Services, Juneau, AK to operate Family Resource Center for child abuse prevention and treatment ............... 400,000

Child Advocacy Center, Inc., Springfield, Missouri, for equipment 

upgrades and other operational expenses ........................................ 100,000

Childhelp USA, Fairfax, Virginia, to reduce the incidence and severity of child abuse and enhance the ability to investigate reports and meet the needs of victims of child abuse ........................ 250,000

Children’s Center of Southwest Missouri, Inc., Joplin, Missouri, for 

equipment upgrades and other operational expenses ..................... 100,000

Children’s Center of the Ozarks, Inc., Monett, Missouri, for equipment upgrades and other operational expenses .............................. 50,000

Children’s Home and Aid Society of Illinois, Chicago, IL for the 

Child Abuse Prevention Project in Carpentersville, IL .................. 163,000

Children’s Rights Council, Hyattsville, MD for Safe Haven programs in Stark County, Ohio ............................................................ 64,000

Cook Inlet Tribal Council to provide child welfare services for Alaska Native Children who are abused or neglected and their parents in the Anchorage area, including supervised visitation center and a father involvement program ............................................. 900,000

Cornerstones for Care, Kansas City, MO to expand services and 

programming that benefit victims of child abuse ............................ 500,000

Geauga Family First Council, Chardon, OH for the Family Stability Program .................................................................................... 145,000

Healthy Families/Better Beginnings for a home visitation program 

for State of Alaska and regional Native non-profit organizations 2,000,000

Jackson County Children’s Services Coalition, Gautier, MS, to prevent child abuse and neglect in at-risk homes ................................ 25,000 

Lutheran Settlement House, Philadelphia, PA for the expansion of 

LSH’s Bilingual Domestic Violence Project (BDVP) expansion to 

include children who have witnessed or have been victims of 

abuse ................................................................................................... 75,000

Municipality of Anchorage, in consultation with Cook Inlet Tribal 

Council and Anchorage Women’s Commission, to develop comprehensive domestic violence initiative for Municipality of Anchorage ................................................................................................ 1,000,000

Northern Virginia Family Service, Oakton, VA, for the Healthy 

Families Fairfax Program ................................................................. 200,000

791

Oregon Association of Relief Nurseries, Eugene, OR, to expand 

services to children who are at risk for child abuse or neglect ...... 80,000

Stop It Now, Philadelphia, PA for outreach to the community to 

prevent child abuse ............................................................................ 100,000 

Synergy Services, Inc., Parksville, Missouri, Children’s Therapeutic 

Center and Domestic Violence Services ........................................... 150,000

The Futures Institute for Sustainable Development for a child 

abuse prevention and treatment program ....................................... 300,000

West River Foundation, Sturgis, SD, to establish early childhood 

development programs in small communities ................................. 500,000

Abandoned Infants Assistance 

The conference agreement provides $12,126,000 for the abandoned infants assistance program, the same level as proposed by 

the Senate. The House bill had proposed $12,086,000 for this program. 

Child Welfare Services 

The conference agreement provides $291,037,000 for child welfare services rather than $291,986,000 as proposed by the House 

and $290,088,000 as proposed by the Senate. 

Child Welfare Training 

The conference agreement includes $7,460,000 for child welfare 

training rather than $7,470,000 as proposed by the House and 

$7,449,000 as proposed by the Senate. 

Adoption Opportunities 

The conference agreement includes $27,285,000 for the adoption opportunities program rather than $27,343,000 as proposed by 

the House and $27,227,000 as proposed by the Senate. 

Adoption Incentives 

The conference agreement provides $35,000,000 for the adoption incentive program for bonuses for adoptions completed prior to 

the end of fiscal year 2004, $27,500,000 of which is unused fiscal 

year 2003 funds, instead of $43,000,000 as proposed by the House 

and $42,720,000 as proposed by the Senate. The conference agreement includes bill language, which allows funds appropriated for 

bonus payments in Public Law 108–7 and available for obligation 

through September 30, 2004 to be used to make bonus payments 

for adoptions completed before September 30, 2004. The conferees 

note that the number of adoptions from the public foster care system has increased significantly over the past several years, rising 

from 27,761 in fiscal year 1997 to 50,179 in fiscal year 2002. As a 

result of this increase and based on the most recent estimates, 

fewer resources will be needed in fiscal year 2004 to make bonus 

payments to States for the full amount for which they are eligible 

under this program. 

Adoption Awareness 

The conference agreement includes $12,864,000 for the adoption awareness program rather than $12,906,000 as proposed by 

the House and $12,822,000 as proposed by the Senate. 

792

Compassion Capital Fund 

The conference agreement includes $48,000,000 for the compassion capital fund, instead of $50,000,000 as proposed by the 

House and $34,772,000 as proposed by the Senate. 

Social Services and Income Maintenance Research 

The conference agreement includes $18,767,000 for social services and income maintenance research, of which $6,000,000 is provided through the evaluation set-aside. The House had proposed 

$5,982,000 for this program and the Senate proposed $31,812,000, 

of which $6,000,000 was from the evaluation set-aside. 

The conferees note that efforts undertaken through the State 

information technology consortium have led to greatly improved 

systems communications and compliance in both the TANF and 

child support enforcement (CSE) programs. For TANF, the conferees have provided $2,000,000 to permit States to utilize uniquely 

designed web-based technology to improve benefit delivery and fulfill new Federal reporting requirements. For CSE, the conferees 

have provided $3,000,000 to continue the consortium’s efforts to improve data exchange between CSE and the courts in ways that will 

significantly reduce the time lag between court orders and enforcement/collections activities. 

The conferees are concerned that children continue to be left 

unaccounted for and underserved within State child welfare systems. Protecting the Nation’s most vulnerable populations, especially youth in State protective care, should receive significant attention. The conferees are aware of a project being developed by Rx 

for Reading that would provide a model for a case management tool 

housing all of the health and education records of children in the 

care of the counties of the State of California, including those in 

foster care and residential facilities, in a web browser-based database. The conferees understand that this database could replace a 

number of stand alone, antiquated databases and automate manual 

record keeping, which would enable caregivers, foster families, educators, doctors and case workers to easily access and update information relating to their services and functions through secure portals. 

The conferees also provide sufficient funding for the following:

Alaska Children’s Services of Anchorage for operations of programs 

to serve needs of at risk, low income youth in Anchorage .............. $300,000

Buckeye Ranch, Grove City, OH, for the Applied Violence and Prevention Research program ................................................................. 350,000

Children’s Village in Pine Ridge, South Dakota for foster care services ....................................................................................................... 200,000

ChildServ, Chicago, IL for family services at the Lake County Family Service Center ............................................................................... 200,000

City of Gadsden, Family Success Center, AL, to provide equipment 

for the development of a one-stop area for social services with the 

focus on helping families help themselves ....................................... 100,000

Corporate Foundation for Children, Montgomery, AL to assist historically underserved organizations to increase the number and 

capacity of community-based organizations across the state to 

serve needy families and individuals in their own communities ... 350,000

Eckerd Youth Alternatives, Clearwater, Florida, for the Road to 

Independence—A Continuum of Foster Care Pilot Demonstration 1,500,000

Family and Youth Development Foundation Inc., Louisville, KY ..... 20,000

793

Fathers’ Support Center, St. Louis, MO, to provide non-custodial 

fathers with personal development, communication and relationship building skills ............................................................................. 100,000

First Gethsemane Center for Family Development, Louisville, KY 50,000

Freedom House Inc., Princeton, IL, for technology to create an 

Adult and a Children’s Learning Center .......................................... 50,000

Gomlei Chasodim Inc., Lakewood, NJ ................................................. 75,000

Hope Home in Kennewick, WA, to develop a curriculum and train 

foster parents of teen parents and their children ........................... 50,000

Horizons Initiative, Boston, MA, for mentoring, educational, and 

social development programs for homeless youth ........................... 150,000

Jewish Community Centers of Northeastern Ohio, Canton, OH for 

human services programs for children and families ....................... 250,000

Kentucky Sheriffs’ Boys Ranch Trust, Gilbertsville, KY .................... 75,000

LINK, Sterling, VA, to help meet the growing demands for service 100,000

Lutheran Community Services in Burien, WA, to equip a child care 

center for families in need ................................................................. 200,000

Middlecreek Area Community Center, Beaver Springs, PA, for 

technology equipment and upgrades for community-based programs and implementation of Youth-at-Risk initiatives ................ 300,000

Network for Child Safety, Columbus, OH, to provide leadership 

training for professionals to improve the child welfare system ..... 200,000 

New Alternatives for Children Inc, New York, NY for support of 

programs serving children and their families focusing on health 

and social services .............................................................................. 350,000

ProJeCt of Easton, Inc., Easton, PA to assist with local food pantry; 

and to provide intensive case management to individuals and 

families experiencing emergency situations .................................... 50,000

United Way of Anchorage, AK to support shelters for victims of domestic violence .................................................................................... 250,000

University of Notre Dame, Notre Dame, Indiana, Center for Children and Families for Parent Education about Marital Conflict 

and ‘‘Adventures in Parenting’’ projects ........................................... 700,000

Washington State Department of Health to implement the Bright 

Futures program to promote early childhood education and good 

health .................................................................................................. 500,000

WeatherWise USA, Pittsburgh, PA, for a demonstration program 

designed to improve the financial security of low income households .................................................................................................... 200,000

YouthCare’s Orion Center in Seattle, WA, to equip a center providing many services at one site to homeless and high-risk youth 200,000

Community-Based Resource Centers 

The conference agreement includes $33,403,000 for the community-based resource centers as proposed by the House rather than 

$33,412,000 as proposed by the Senate. 

Developmental Disabilities 

For developmental disabilities programs, the conference agreement includes $73,515,000 for State Councils as proposed by the 

Senate instead of $71,500,000 as proposed by the House. The conference agreement includes $38,644,000 for protection and advocacy 

services as proposed by the Senate instead of $36,500,000 as proposed by the House. The agreement also includes $11,642,000 for 

special projects as proposed by the Senate instead of $12,500,000 

as proposed by the House. Within the funds for special projects, 

$4,000,000 is available to expand activities for the Family Support 

Program. For university-affiliated programs, the agreement includes $26,962,000 as proposed by the Senate instead of 

$25,000,000 as proposed by the House. 

The conference agreement includes $15,000,000 for the disabled voter services programs. Within the funds provided, 

794

$10,000,000 shall be for payments to States to promote disabled 

voter access as proposed by the Senate rather than $13,000,000 as 

proposed by the House and $5,000,000 shall be for payments to 

States for disabled voter protection and advocacy, the same level as 

proposed by the Senate. The House had proposed $2,000,000 for 

protection and advocacy. 

The conferees are aware that funding for protection and advocacy services under section 291 of the Help America Vote Act currently is not being made available to protection and advocacy services that specifically address the Native American community. Native Americans with disabilities experience unique challenges in exercising the right to vote. For that reason, the conferees intend that 

organizations providing protection and advocacy services to Native 

Americans as defined in the Developmental Disabilities Assistance 

and Bill of Rights Act should also be deemed an eligible entity 

under the Help America Vote Act. 

Native American Programs 

The conference agreement includes $45,457,000 for Native 

American programs as proposed by the Senate, instead of 

$45,119,000 as proposed by the House. 

Community Services 

The conference agreement includes $645,762,000 for the community services block grant as proposed by the Senate instead of 

$494,964,000 as proposed by the House.

The conference agreement also includes $32,546,000 for economic development as proposed by the Senate, instead of 

$32,436,000 as proposed by the House. Within the total, $5,464,000 

is provided for the job creation demonstration authorized by the 

Family Support Act. 

The conference agreement provides $24,870,000 for the individual development account initiative rather than $24,912,000 as 

proposed by the House and $24,828,000 as proposed by the Senate. 

The conference agreement includes $7,227,000 for rural community facilities instead of $7,250,000 as proposed by the House 

and $7,203,000 as proposed by the Senate. 

The conference agreement provides $18,000,000 for the National youth sports program as proposed by the House. The Senate 

did not propose funding for this program. 

The conference agreement includes $7,281,000 for community 

food and nutrition as proposed by the Senate. The House did not 

propose funding for this program. 

Early Learning Fund 

For the early learning fund, the conference agreement includes 

$33,779,000 as proposed by the Senate. The House did not include 

funding for this program. 

Mentoring Children of Prisoners 

The conference agreement includes $50,000,000 for Mentoring 

Children of Prisoners instead of $25,000,000 as proposed by the 

House and $9,935,000 as proposed by the Senate. 

795

Independent Living Training Vouchers 

The conference agreement includes $45,000,000 for Independent Living Training Vouchers as proposed by the House instead of $41,727,000 as proposed by the Senate. 

PROMOTING SAFE AND STABLE FAMILIES

The conference agreement includes $100,000,000 for the discretionary grant program of promoting safe and stable families as proposed by the House rather than $99,350,000 as proposed by the 

Senate. 

ADMINISTRATION ON AGING 

AGING SERVICES PROGRAMS

The conference agreement includes $1,381,689,000 for aging 

services programs instead of $1,377,421,000 as proposed by the 

House and $1,361,193,000 as proposed by the Senate. Within the 

total, $5,500,000 is available for medication management, screening, and education activities as proposed by the Senate. The House 

had proposed $5,000,000 for these activities. 

The conference agreement includes $356,000,000 for supportive 

centers, instead of $357,000,000 as proposed by the House and 

$355,673,000 as proposed by the Senate. 

The conference agreement includes $19,559,000 for protection 

of vulnerable Americans activities, as proposed by the Senate, instead of $18,559,000 as proposed by the House. Within the funds 

provided $14,361,000 is provided for ombudsman services and 

$5,198,000 is for the prevention of elder abuse program. 

The conference agreement provides $160,000,000 for the caregivers programs. Of the total provided, $153,645,000 is for family 

caregivers rather than $162,000,000 as proposed by the House and 

$149,025,000 as proposed by the Senate and $6,355,000 is provided 

for Native American caregivers support rather than $6,500,000 as 

proposed by the House and $6,209,000 as proposed by the Senate. 

The conference agreement includes $718,704,000 for nutrition 

programs rather than $720,655,000 as proposed by the House and 

$716,964,000 as proposed by the Senate. Within the total, 

$388,646,000 is provided for congregate meals rather than 

$390,000,000 as proposed by the House and $387,292,000 as proposed by the Senate and $149,073,000 is provided for the nutrition 

services incentives program rather than $149,670,000 as proposed 

by the House and $148,697,000 as proposed by the Senate. 

The conference agreement provides $26,612,000 for grants for 

Native Americans rather than $25,729,000 as proposed by the 

House and $27,495,000 as proposed by the Senate. 

The conference agreement includes $33,223,000 for aging research, training and demonstrations instead of $30,837,000 as proposed by the House and $17,843,000 as proposed by the Senate. 

The conferees continue to support funding at no less than last 

year’s level for national programs scheduled to be refunded in fiscal 

year 2004 that address a variety of issues, including elder abuse, 

native American issues and legal services. 

796

Within the funding provided, the conference agreement includes $3,000,000 for social research into Alzheimer’s disease care 

options, best practices and other Alzheimer’s research priorities 

that include research into cause, cure and care, as well as respite 

care, assisted living, the impact of intervention by social service 

agencies on victims, and related needs. The agreement provides 

that this research utilize and give discretion to Area Agencies on 

Aging and their non-profit divisions in municipalities with aged 

populations (over the age of 60) of over 1,000,000, with preference 

given to the largest population. The conferees recommend that 

unique partnerships to affect this research be considered for the selected Area Agency on Aging. 

Given the enormous demands on Alzheimer’s family caregivers, 

the conferees have included $1,000,000 to support the continuation 

of an Alzheimer’s family contact center for round-the-clock help to 

Alzheimer’s families in crisis. 

The conferees expect the Administration on Aging to continue 

to fund the National program of statewide senior legal services hotlines (also called legal help lines) at their current levels and ideally 

to provide an increase in the number of States served by these 

legal hotlines. 

The conferees also include the following amounts under aging 

research, training, and demonstrations:

Adult Care Center of the Northern Shenandoah Valley, Inc., Winchester, VA, to study the use of complementary and alternative 

medicine for persons with Alzheimer’s disease and related disorders .................................................................................................. 100,000 

Aging In Place Initiative, Denver, CO, for the development of a 

program to address an increasing number of senior citizens living independently and to provide for a collaborative community 

effort for community-based providers ............................................... 200,000

College Misericordia, Dallas, PA .......................................................... 200,000

College of Science and Public Policy at Boise State University, ID, 

for a Center for the Study of Aging project ..................................... 250,000

College of William & Mary, Williamsburg, VA, Center for Excellence in Aging and Geriatric Health to implement a pilot program to help promote the health and independence of older 

adults .................................................................................................. 400,000

Copper Ridge Institute, Sykesville, MD ............................................... 100,000

Day Kimball Hospital, Putnam, CT, for the Center for Excellence 

in Rural Geriatric Services ................................................................ 600,000

Florida Atlantic University, Boca Raton, FL, for the Clinical Intervention Day Center ............................................................................ 125,000

Greater Miami Jewish Federation, Inc., Miami, FL, for services to 

seniors living independently in Naturally Occurring Retirement 

Communities ....................................................................................... 250,000

Hardy County Committee on Aging, Moorefield, WV, for wellness 

programs ............................................................................................. 75,000

Hearth and Home Senior Adult Day Care Center, Manassas, VA, 

for program support for an innovative approach to full and parttime senior adult care ........................................................................ 245,000

Iowa Department of Elder Affairs Seamless System to continue the 

integration of senior programs. In administering this award, the 

AoA and CMS should continue to provide the technical assistance and related support necessary to develop and implement 

programs ............................................................................................. 1,000,000

Jewish Community Centers of Northeastern Ohio, Canton, OH, for 

human services programs for seniors ............................................... 250,000

797

Jewish Family and Children’s Service of Greater Philadelphia, 

Philadelphia, PA, to develop and test models of coordinated social services delivery to persons living in Naturally Occurring Retirement Communities (NORC) in the Philadelphia area .............. 200,000

Jewish Family and Children’s Service of Southern Arizona, Inc., 

Tucson, AZ, for services to Naturally Occurring Retirement Community seniors .................................................................................... 200,000

Jewish Family and Children’s Service, Sarasota, FL, for supportive 

services to Naturally Occurring Retirement Communities’ residents .................................................................................................... 225,000

Jewish Family and Children’s Services of Greater Boston, Boston, 

MA, for a naturally occurring retirement community program designed to serve the health needs of the elderly ............................... 200,000

Jewish Family Service of Buffalo and Erie County New York, Buffalo, NY, for programs for seniors in Naturally Occurring Retirement Communities ............................................................................. 100,000

Jewish Family Service of Richmond, Richmond, VA, for a demonstration project to expand their services into Naturally Occurring Retirement Communities .......................................................... 200,000

Jewish Family Service of Rochester, Inc., Rochester, NY, for service 

delivery to seniors living in Naturally Occurring Retirement 

Communities ....................................................................................... 100,000

Jewish Family Service of Tidewater, Norfolk, VA, for a demonstration project to expand their services into Naturally Occurring Retirement Communities ....................................................................... 175,000

Jewish Family Service, Seattle, WA, for programs for seniors in 

Naturally Occurring Retirement Communities ............................... 150,000

Jewish Federation of Atlantic and Cape May Counties, Northfield, 

NJ ........................................................................................................ 125,000

Jewish Federation of Greater Albuquerque, NM, for a Naturally 

Occurring Retirement Communities demonstration project ........... 300,000

Jewish Federation of Greater Atlanta for a Naturally Occurring 

Retirement Communities (NORC) demonstration ........................... 75,000

Jewish Federation of Greater Indianapolis, for a Naturally Occurring Retirement Communities (NORC) demonstration .................. 845,000

Jewish Federation of Metropolitan Chicago, IL, for services to seniors who live in Naturally Occurring Retirement Community 

housing ................................................................................................ 100,000

Jewish Federation of Ocean County, Lakewood, NJ .......................... 250,000

Jewish Seniors Agency of Providence, RI, for a Naturally Occurring 

Retirement Communities (NORC) demonstration ........................... 50,000

La Pine Senior Center Project, Bend, OR, for services to seniors in 

Deschutes County .............................................................................. 100,000

Lapeer Regional Hospital, Lapeer, MI, for the Geriatric Assessment 

program ............................................................................................... 60,000

LIFESPAN of Greater Rochester for a Coordinated Response to 

Elder Abuse ........................................................................................ 100,000

Madison Area Continuing Care Consortium, LLC in Madison, WI, 

for a Naturally Occurring Retirement Community demonstration 

project .................................................................................................. 350,000

Maine Hospice Council, Augusta, ME, to organize alternative delivery systems for palliative and end-of-life care ................................. 250,000

Meals on Wheels Association of America, Alexandria, VA, for 

Bridging the Gap in Senior Meals Services demonstration project 1,600,000

National Indian Council on Aging to increase training to improve 

elder access to social services in Washington State ........................ 750,000

New Courtland Elder Services, Philadelphia, PA, to demonstrate 

whether the presence of advanced practice nurses can improve 

the quality of care received by nursing home residents ................. 100,000

Olde Kensington Redevelopment Inc., North Philadelphia Senior 

Development Project, Philadelphia, PA, to maximize senior capacity for self-sufficiency and independent community residency 

by developing a technology based program that will foster the 

volunteer spirit ................................................................................... 100,000

Pennsylvania Occupational Therapy Association Inc., Philadelphia, 

PA, for developing a national model for supporting Alzheimer’s 

patients and their caregivers ............................................................ 75,000

798

Stetson University College of Law, Gulfport, FL, for Combating 

Health Care and Consumer Fraud Through Elder Education ....... 1,000,000

UJA Federation of Bergen County and North Hudson, River Edge, 

NJ, for service delivery to seniors living in Naturally Occurring 

Retirement Communities .................................................................. 200,000

United Jewish Communities of Metro West, NJ, for Naturally Occurring Retirement Communities (NORCs) ..................................... 200,000

United Jewish Federation, Pittsburgh, PA, to launch a program to 

assist the elderly in Naturally Occurring Retirement Communities (NORC) ..................................................................................... 250,000

University of Indianapolis, Indianapolis, IN, to expand the Center 

for Aging and Community which helps seniors cope with chronic 

conditions of aging ............................................................................. 155,000

The conference agreement includes $13,373,000 for aging network support activities as proposed by the Senate rather than 

$2,379,000 as proposed in the House bill. The conferees have funded programs in this activity that were previously funded in the 

aging, research and training account as proposed by the Senate. 

The House bill had retained the traditional program distribution. 

The conference agreement includes $11,956,000 for the Alzheimer’s disease demonstrations instead of $11,500,000 as proposed 

by the House and $12,412,000 as proposed by the Senate. 

For program administration, the conference agreement includes $17,501,000 as proposed by the House rather than 

$17,869,000 as proposed by the Senate. 

OFFICE OF THE SECRETARY 

GENERAL DEPARTMENTAL MANAGEMENT

The conference agreement includes $357,358,000 for general 

departmental management instead of $343,284,000 as proposed by 

the House and $344,808,000 as proposed by the Senate, along with 

$5,851,000 from Medicare trust funds. In addition, $21,552,000 in 

program evaluation funding is provided. Funds provided include 

$7,301,000 for the National Vaccine Program Office to comport 

with the Department’s recent move of this office to the Office of the 

Secretary from the Centers for Disease Control and Prevention. 

The conferees include the amounts within the Office of the Secretary for the following projects and activities in fiscal year 2004 

listed below:

Ad Council of New York, NY, in consultation with the industry, advocates and other interested parties, for an underage drinking 

public service campaign directed at parents .................................... $800,000

Community Transportation Association of America for TA to 

human services transportation providers on ADA requirements ... 1,000,000

Palmer College on Chiropractice, Consortial Center for Chiropractic 

Research in Davenport, Iowa, and the Policy Institute for Integrative Medicine in Philadelphia, PA for a best practices initiative on lower back pain ...................................................................... 100,000

The conference agreement includes bill language earmarking 

$11,885,000 under the adolescent family life program for activities 

specified under section 2003(b)(2) of the Public Health Service Act 

as proposed by the Senate instead of $11,185,000 as proposed by 

the House. 

The conference agreement includes bill language identifying 

$49,838,000 for minority AIDS prevention and treatment activities 

799

instead of $49,675,000 as proposed by the House and $50,000,000 

as proposed by the Senate. 

The conference agreement includes bill language identifying $15,000,000 for the information technology security and innovation 

fund as proposed by the Senate instead of $18,400,000 as proposed 

by the House. 

The conference agreement does not include bill language pro- posed by the Senate that would earmark $3,000,000 within the 

General Departmental Management account to carry out programs 

to address dental workforce needs of designated health professional 

shortage areas. 

The conferees strongly support the Buy American Act, which 

was enacted in 1933 to ensure that the Federal government supports domestic companies and domestic workers by buying American-made goods. The Act includes a number of waiver provisions 

that allow Federal agencies to buy foreign goods in some circumstances, but there is little disclosure or accountability in the 

waiver process. The conferees direct the Secretary to issue a report 

not later than 60 days after the end of fiscal year 2004 on the 

amount of acquisitions made by the Department during such fiscal 

year of articles, materials, or supplies that were manufactured outside the United States. Such report shall separately indicate the 

dollar value of any articles, materials, or supplies purchased by the 

Department that were manufactured outside the United States, an 

itemized list of all waivers under the Buy American Act (41 U.S.C. 

10a et seq.) that were granted with respect to such articles, materials, or supplies, and a summary of total procurement funds spent 

on goods manufactured in the United States versus funds spent on 

goods manufactured outside of the United States. The conference 

agreement does not include the bill language related to this report 

that was proposed by the Senate. The conference agreement provides $1,000,000 to reduce SIDS 

disparity rates and provide risk reduction education to African 

American and American Indian populations in the United States. 

The Senate bill included language making up to $2,000,000 available for this purpose. The House bill did not include a similar provision. 

The conferees intend that, of the funding provided to the Office 

of Minority Health, no less than the fiscal year 2003 funding level 

be allocated to a culturally competent and linguistically appropriate public health response to the HIV/AIDS epidemic. 

The conferees include the amounts for the following Office of 

Minority Health projects and activities in fiscal year 2004 listed 

below:

AIDS Foundation of Chicago to expand prevention programs ........... $125,000

Blue Ridge Hospice, Winchester, VA, for grief and loss outreach efforts ..................................................................................................... 350,000

Comprehensive Cancer Center of the Ohio State University, Columbus, OH, for the Center for Health Disparities ......................... 250,000

Esther’s Pantry of Metropolitan Community Church of Portland to 

provide food and supplies for people living with AIDS ................... 25,000

Jaisohn Center, Philadelphia, PA, to provide comprehensive health 

promotion and prevention programs to the Korean-American 

older adult community ....................................................................... 100,000

Maryland Center at Bowie State University, to develop and disseminate HIV and diabetes prevention to minority seniors ........... 150,000

800

National Donor Awareness Foundation, New Orleans, LA, for Minority Organ Donation Initiative ...................................................... 100,000

St. Francis Medical Center, Trenton, NJ ............................................ 250,000

University Medical Center of Southern Nevada (UMC) & Clark 

County Health District (CCHD) Multi-Cultural Services Program 450,000

University of Pittsburgh Medical Center, Pittsburgh, PA, for their 

Minority Women’s Health Initiative to provide health services, 

including diagnosis, treatment, and maintenance to African 

American women with chronic heart disease .................................. 850,000

University of Texas Health Science Center at San Antonio, TX, to 

evaluate system of disease management within a diverse population of asthma patients ................................................................... 2,500,000

University of Texas San Antonio Health Science Center, San Antonio, TX, to address how diet and nutrition, in combination with 

genetic, social and other factors, affect the health of Hispanic 

Americans ........................................................................................... $1,000,000

The conferees concur in the requirement in the Senate bill for 

an Institute of Medicine (IoM) study on mammography standards. 

The conferees have provided $500,000 to carry out the IoM study 

as described in the Senate bill. The IoM study should include an 

evaluation of interpretive skills assessments as a possible tool to 

improve physician interpretation of mammograms (after consultation with those who have expertise in interactive skills assessments) and how the annual medical outcomes audit required under 

Mammography Quality Standards Act regulations could be used to 

improve mammography quality and interpretation. 

The conference report does not include within the General De- partmental Management account $3,000,000 for the Public Health 

Service Commissioned Corps transformation and modernization effort as proposed by the Senate. Instead, these funds are provided 

in the Public Health and Social Services Emergency Fund. 

The conferees have included $500,000 for a study by the Institute of Medicine focusing on the state of emergency care in the 

United States. The study should examine the different roles of 

emergency departments as emergency care provider, safety net provider, portal of entry provider and disaster response provider, along 

with an identification of the impediments to successfully performing those roles. The study should also examine workforce 

issues, including residency training and problems in obtaining 

emergency physicians in rural areas, information technology and 

systems issues that relate to speeding access and treatment to 

emergency patients while improving patient safety, and the development of a research agenda needed to provide the information 

necessary to ensure that the American people have access to the 

emergency medical services they require in the future. 

The conferees direct that the effects statements required for 

the General Departmental Management account include a level of 

detail that identifies the funding for each Office in the Office of the 

Secretary, such as the Office of the Assistant Secretary for Administration and Management. 

The conferees concur in the Senate report language regarding 

the collection of racial, ethnic and primary health-related data; the 

embryo adoption awareness campaign; and new and continuing 

projects in the adolescent family life program. 

The conference agreement modifies House report language to 

direct the Secretary to request that Title X grantees voluntarily 

provide the following information regarding abortions: the number 

801

of Title X-funded sites that also provide abortions with non-Federal 

funds. The Secretary’s request shall be limited to the above question with no additional information regarding the identity of the 

clinics or the patients receiving abortions. The conferees direct that 

when the Secretary requests the information, the letter of request 

should contain a statement making it clear that the grantees’ responses shall be voluntary and without consequence, or threat of 

consequence, to non-responsiveness. The conferees further direct 

that the records documenting this information shall be retained by 

the grantee, and shall not be provided to the Secretary nor any 

other Federal, State, or local official or entity. The conferees expect 

the Secretary to provide a report to the House and Senate appropriations committees four months after enactment of this Act summarizing the volunteered information. 

The conferees are concerned about underage drinking and the 

need to take immediate steps to better coordinate Federal efforts 

combating this problem facing our Nation. The conferees are aware 

of recommendations that the Secretary of Health and Human Services (HHS) establish an interagency committee on the prevention 

of underage drinking and issue an annual report summarizing all 

Federal agency activities concerning this issue, including key surveillance data and progress being made in reducing underage 

drinking. The conferees direct the Secretary to take immediate 

steps to implement these recommendations. In addition, the conferees direct the Secretary, in coordination with agencies such as 

SAMHSA and NIAAA, to prepare a plan for combating underage 

drinking, including the projected costs and next steps to be taken, 

and report progress on such a plan 90 days after enactment of this 

Act. 

The conferees support the Administration’s goals of ending 

chronic homelessness and creating 150,000 units of permanent supportive housing. However, the conferees believe these goals were 

not properly reflected in the Department’s budget request. The Administration is instructed to include as part of its fiscal year 2005 

budget request a description of new and continuing resources that 

are being applied to create and sustain permanent supportive housing for people experiencing chronic homelessness and a description 

of the resources necessary to achieve the goal of ending chronic 

homelessness. 

Within the amount provided, sufficient funds are included to 

publish and widely disseminate the U.S. Surgeon General’s report 

on osteoporosis and related bone diseases. In an effort to heighten 

public awareness of this report, the Surgeon General is encouraged 

to work with voluntary health organizations dedicated to promoting 

lifelong bone health. 

The conferees urge the Department to begin a study on comprehensive pharmacy services in light of changes in technology, distance and distributive learning models, the aging of the populations and the Department’s study on the severe pharmacist shortage, to analyze how these factors may influence the nature of pharmaceutical education and interventions in healthcare. 

The conferees direct that specific information requests from the 

chairmen and ranking members of the Subcommittees on Labor, 

Health and Human Services, and Education, and Related Agencies, 

802

on scientific research or any other matter, shall be transmitted to 

the Committees on Appropriations in a prompt professional manner and within the time frame specified in the request. The conferees further direct that scientific information requested by the 

Committees on Appropriations and prepared by government researchers and scientists be transmitted to the Committees on Appropriations, uncensored and without delay. 

By January 1, 2005, the Secretary shall develop policy recommendations and issue a report to Congress by which vision rehabilitation services would be provided by vision rehabilitation professionals in an appropriate setting, including the patient’s home environs, acting under a qualified physician’s general supervision. 

The report may include adopting a national credentialing measure, 

or other steps deemed necessary by the Secretary, that would ensure patient quality of care. In developing the recommendations, 

the Secretary should consult with the National Vision Rehabilitation Cooperative, the Association for Education and Rehabilitation 

of the Blind, the Academy for Certification of Vision Rehabilitation 

and Education Professionals, the American Academy of Ophthalmology, and the American Optometric Association and other interested organizations. 

POLICY RESEARCH

The conference agreement provides $20,750,000 for policy research from program evaluation funding. The House bill provided 

$20,483,000, of which $2,483,000 was Federal funds and 

$18,000,000 was program evaluation funding. The Senate bill provided $23,499,000, entirely from program evaluation funding. 

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

The conference agreement includes $1,776,846,000 for the Public Health and Social Services Emergency Fund (PHSSEF) to enhance Federal, State, and local preparedness to counter potential 

biological, disease, chemical, and radiological threats to civilian 

populations, the same as proposed by the House. The Senate proposed $1,856,040,000 for the Fund. 

The agreement continues bill language applicable in prior fiscal years to allow the Secretary to transfer amounts specified in 

the account between categories subject to normal reprogramming 

procedures. 

The conference agreement continues language, applicable during fiscal year 2003, exempting from any personnel ceiling applicable to the Agency, Service, or the Department of Health and 

Human Services both civilian and Commissioned Officers detailed 

to States, municipalities or other organizations under authority of 

Section 214 of the Public Health Service Act for purposes related 

to homeland security during their period of detail or assignment. 

Within the amount provided: $1,116,156,000 is for the Centers 

for Disease Control and Prevention; $545,870,000 is for the Health 

Resources and Services Administration; and $64,820,000 is for the 

Office of the Secretary. 

The conferees note that funds requested within this account for 

Poison Control, and Emergency Medical Services for Children are 

803

provided within the Health Resources and Services Administration. 

This brings the comparable total for the Public Health and Social 

Services Emergency Fund to $1,820,700,000. 

Within the amounts available to the Centers for Disease Control and Prevention (CDC): $940,000,000 is for State and Local Preparedness, $158,116,000 is for Upgrading CDC Capacity; and 

$18,040,000 is for the fourth year of a collaborative research program on anthrax vaccine.

Within the amounts available for State and Local Prepared- ness, the conference agreement includes $847,456,000 for State Cooperative Agreements, $29,838,000 for Public Health Preparedness 

Centers and $5,500,000 for Centers for Advanced Local Public 

Health Practice. 

Funds available for Public Health Preparedness Centers shall 

be used to establish collaborative programs with State and local 

public health agencies, enhance practice-based training of students, 

and to increase participation of public health practitioners in the 

Centers education and training activities. 

The conferees concur with language in the Senate report concerning the needs of local health departments and encourage both 

the Director and the Secretary to ensure that funds appropriated 

for State and local public health preparedness are spent in a manner with which local public health officials concur. Furthermore, it 

is expected that local public health agencies will continue to be full 

partners in developing State preparedness plans. 

The conferees note that the Health Alert Network now falls 

under the umbrella of the Public Health Information Network 

under development by the CDC. The conferees encourage CDC to 

provide adequate funding to improve public health capacity for 

electronic communication and data exchange at the local level in a 

manner consistent with the Public Health Information Network 

and with which local public health officials concur. This will enable 

enhanced local capacity that has resulted from HAN funding to 

continue. 

The conference agreement includes $2,000,000 to continue to 

discover, develop, and transition anti-infective agents to combat 

emerging diseases from within amounts available for Upgrading 

CDC Capacity. 

The conferees encourage CDC to conduct a demonstration 

project with World Medical Leaders to disseminate news, information, and alerts to physicians who are on the front lines in the effort to recognize biological, chemical, and radiological events. 

Within the funds available to the Health Resources and Services Administration (HRSA) is $518,000,000 for Hospital Preparedness and $27,870,000 to provide incentives for curricular reform in 

health professions schools and the delivery of continuing education 

to those already in practice. 

The conferees recognize the importance of training in biopreparedness and response for emergency physicians and encourage HRSA to support the development of a national bioterrorism 

response course for practicing emergency physicians. The conferees 

further encourage HRSA to work with the relevant professional associations through which emergency physicians receive their continuing education credits. 

804

The agreement includes $3,000,000 within funds provided to 

the Office of the Secretary to continue activities related to the 

transformation and modernization of the Public Health Service 

Commissioned Corps. 

The conferees recognize the need for development of a comprehensive national strategy to address the Nation’s medical response capabilities given the growing threat of biological, chemical, 

radiation or explosive weapons attacks in the United States. The 

conferees are aware that the University of Pittsburgh Medical Center (UPMC) is pursuing a comprehensive, integrated strategy for 

dealing with threats throughout the region. The conferees urge the 

Department to study the preparedness efforts of institutions such 

as UPMC, the effectiveness of these programs, and the feasibility 

of replicating this type of initiative nationwide. 

The conferees are aware that a new technology, known as 

nanometal enhanced fluorescence (NanoMEF), offers promise for 

providing a rapid, ultra sensitive, method for the detection of bioorganisms, such as anthrax and smallpox. The conferees encourage 

the Director to review this promising technology and consider supporting its development from within the funds provided. 

In addition to the funds for terrorism preparedness and re- sponse, the conference agreement includes $50,000,000 for activities to ensure year-round production capacity of influenza vaccine, 

the same as proposed by the House. The Senate proposed 

$100,000,000 for the same activities. 

GENERAL PROVISIONS

EVALUATION TAP AUTHORITY

The conference agreement includes a provision as proposed by 

the Senate to allow for a 2.2 percent evaluation tap pursuant to 

section 241 of the Public Health Service Act. This tap is to be applied to programs authorized under the Public Health Service Act. 

The House bill contained a provision to allow for a 1.25 percent 

evaluation tap. 

ONE PERCENT TRANSFER AUTHORITY

The conference agreement includes language permitting the 

Secretary of HHS to transfer up to one percent of discretionary 

funds between appropriations, with up to an additional 2 percent 

subject to approval by the Appropriations Committees. The language permits the transfer of funds appropriated for HHS in this 

Act as proposed by the House. The Senate bill proposed the transfer of funds under this or any other Act. 

REFUGEE STATUS OF CERTAIN PERSECUTED GROUPS

The conference agreement includes a provision proposed by the 

Senate to extend the refugee status for persecuted religious groups. 

The House bill contained no similar provision. The conferees intend 

to fully protect religious minority refugee applicants from Iran, including the current caseload of Iranian Christians, Jews, Bahai, 

Mandeans and Zoroastrians. Therefore, the administration should 

implement the provisions of section 213 of the conference report 

with respect to new applications, as well as to review previously 

805

denied applications for refugee applicants who have remained outside of Iran without a viable solution after being denied refugee 

status. 

SYNAR

The conference agreement includes a provision directing States 

to maintain expenditures in fiscal year 2004 for tobacco prevention 

programs and for compliance activities at the same level as in fiscal year 2003 as proposed by the Senate. 

CDC INTERNATIONAL AUTHORITIES

The conference agreement includes a general provision relating 

to authorities for the Centers for Disease Control and Prevention 

to carry out international health activities as proposed by the Senate. The House proposed similar language in two separate provisos.

CMS PROGRAM MANAGEMENT

The conference agreement does not include a general provision 

proposed by the House reducing the amounts provided to CMS. The 

Senate bill contained no similar provision. 

CDC MANAGEMENT/IT SAVINGS

The conference agreement does not include a general provision 

proposed by the House reducing the amounts provided to CDC for 

management and information technology. The Senate bill contained 

no similar provision. 

PARKINSON’S DISEASE RESEARCH CENTERS

The conference agreement includes a general provision proposed by the Senate that overrides section 409B(c) of the Public 

Health Service Act, which limits the number of Parkinson’s disease 

research centers that may be supported by the National Institutes 

of Health. The agreement includes language making this provision 

permanent so that the language does not need to be repeated each 

fiscal year. 

HHS HUMAN RESOURCES CONSOLIDATION PLAN

The conference agreement does not include a general provision 

proposed by the Senate prohibiting the use of funds for the HHS 

human resources consolidation plan. The House bill contained no 

similar provision. The conferees direct the Secretary to provide the 

House and Senate Appropriations Committees a report identifying 

the benchmarks HHS is using to measure the speed and cost of its 

human resources transactions, comparing those benchmarks as of 

October 1, 2003 to fiscal year 2004 Department performance on a 

semi-annual basis. The conferees are disappointed that such benchmarks have not been provided to the Committees, despite commitments from the Assistant Secretary for Administration and Management to do so before the consolidation took effect. The conferees 

expect data in the report that would indicate the average and median length of time to post positions, the average and median 

length of time to complete hiring, the percentage of applicants accepting the position when offered, the number of transactions asVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00809 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
806

signed per human resource FTE, and the estimated cost per transaction. 

CONCIERGE CARE

The conference agreement deletes without prejudice bill language proposed by the Senate regarding a study of concierge care. 

However, the conferees concur in the direction from the Senate reflected in the bill language to the General Accounting Office to conduct a study on concierge care and to report to Congress their findings and recommendations no later than eighteen months after enactment of this Act. The House bill did not include a similar provision. 

PEDIATRIC RESEARCH INITIATIVE

The conference agreement deletes without prejudice the general provision proposed by the Senate requiring the National Institutes of Health to report on its pediatric research initiative. The 

conferees concur in the direction from the Senate reflected in the 

bill language to produce the report no later than January 2004. 

The House did not include a similar provision. 

POISON CONTROL CENTERS

The conference agreement deletes without prejudice a general 

provision proposed by the Senate providing an additional 

$1,500,000 for poison control centers. The conference agreement incorporates this funding into the regular appropriation provided for 

Health Resources and Services Administration. The House bill contained no similar provision. 

AOA OMBUDSMAN PROGRAM

The conference agreement deletes without prejudice a general 

provision proposed by the Senate providing an additional 

$1,000,000 for the AoA ombudsman program. The conference agreement instead incorporates this funding into the regular appropriation provided for AoA. The House bill contained no similar provision. 

NURSE REINVESTMENT ACT FUNDING

The conference agreement deletes without prejudice a general 

provision proposed by the Senate providing an additional 

$50,000,000 for activities authorized under the Nurse Reinvestment Act. The conference agreement includes funding for the nurse 

training program in the regular appropriation provided for the 

Health Resources and Services Administration. The House bill contained no similar provision. 

PRODUCTS AND INVENTIONS FROM FEDERAL FUNDS

The conference agreement includes a general provision proposed by the Senate requiring the Director of NIH to report to Congress no later than 90 days after enactment of this Act, on the role 

of NIH in promoting the affordability of inventions and products 

developed from Federal funds. The House bill did not include this 

provision. 

807

MAMMOGRAPHY STANDARDS

The conference agreement deletes without prejudice a general 

provision proposed by the Senate providing an additional $500,000 

for the IOM to conduct studies concerning mammography standards. The conference agreement incorporates this funding and associated report language into the Office of the Secretary. The House 

bill contained no similar provision. 

STD PREVALENCE AMONG NATIVE AMERICANS

The conference agreement deletes without prejudice a general 

provision proposed by the Senate earmarking $1,000,000 from 

within funds available to the CDC to carry out a competitive grant 

program regarding STD prevalence among Native American Populations. The conference agreement incorporates similar language 

within the Statement of the Managers under the heading for the 

Centers for Disease Control and Prevention. The House bill contained no similar provision. 

NEWBORN AND CHILD SCREENING

The conference agreement deletes without prejudice a general 

provision proposed by the Senate providing $2,000,000 to carry out 

newborn and child screening of heritable disorders. The conference 

agreement incorporates this funding into the Maternal and Child 

Health Block Grant within the Health Resources and Services Administration. The House bill contained no similar provision. 

SUMMER HEALTH CAREER PROGRAMS

The conference agreement does not include a general provision 

proposed by the Senate authorizing a new summer health career 

program for middle and high school students. The House bill contained no similar provision.

BLOOD AND INJECTION SAFETY IN AFRICA

The conference agreement deletes without prejudice a general 

provision proposed by the Senate requiring the Director of the Centers for Disease Control and Prevention to report to Congress on 

a plan to address blood and injection safety in Africa. The conference agreement includes a similar requirement within the Statement of the Managers under the heading for the Centers for Disease Control and Prevention. The House bill contained no similar 

provision. 

HANSEN’S DISEASE STUDY

The conference agreement deletes without prejudice a general 

provision proposed by the Senate requiring a report concerning 

Hansen’s disease. The conferees concur in the direction from the 

Senate reflected in the bill language to produce the report. The 

House bill contained no similar provision. 

808

CHILD ABUSE PREVENTION AND TREATMENT ACT FUNDS

The conference agreement does not include a general provision 

proposed by the Senate providing additional funds for CAPTA programs. The House bill contained no similar provision. 

SIDS DISPARITY RATES

The conference agreement deletes without prejudice a general 

provision proposed by the Senate providing $2,000,000 for the Office of Minority Health to carry out a demonstration project to reduce sudden infant death (SIDS) disparity rates among high-risk 

populations. Funding for this initiative has been provided within 

the appropriation for the Office of the Secretary. The House did not 

include a similar provision. 

COMMUNITY ACCESS TO EMERGENCY DEVICES

The conference agreement deletes without prejudice a general 

provision proposed by the Senate providing an additional 

$2,000,000 for community access to emergency devices. The conference agreement incorporates funding for this program into the 

Health Resources and Services Administration. The House bill contained no similar provision. 

EMERGENCY DEVICES FOR RURAL AREAS

The conference agreement deletes without prejudice a general 

provision proposed by the Senate providing an additional 

$2,000,000 for emergency devices for rural areas. The conference 

agreement instead incorporates funding for this program into the 

Health Resources and Services Administration. The House bill contained no similar provision. 

COUNCIL ON GRADUATE MEDICAL EDUCATION

The conference agreement includes a general provision proposed by the Senate allowing for the continued operation of the 

Council on Graduate Medical Education. The House bill contained 

no similar provision. 

MUSCULAR DYSTROPHY COOPERATIVE RESEARCH CENTERS

The conference agreement includes a general provision proposed by the Senate designating the National Institutes of Health 

Muscular Dystrophy Centers as the Senator Paul D. Wellstone 

Muscular Dystrophy Cooperative Research Centers. The House did 

not include a similar provision. 

MOTHER-TO-CHILD HIV TRANSMISSION PREVENTION

The conference agreement deletes without prejudice a general 

provision appropriating an additional $60,000,000 for mother-tochild HIV transmission prevention activities, and an additional 

$1,000,000 for non mother-to-child activities, supported by the Centers for Disease Control and Prevention (CDC). Funding for these 

activities are provided within the appropriation for the CDC. The 

House bill contained no similar provision. 

809

NIH ROADMAP INITIATIVE

The conference agreement includes language proposed by the 

Senate authorizing the Director of NIH to enter into agreements to 

carry out research in support of the NIH roadmap initiative. The 

House bill did not include such a provision. This provision has been 

included to assess the merits of this funding approach and to demonstrate whether this funding mechanism would accelerate the research agenda. The conferees direct the Director of the NIH to 

enter into these agreements solely on the basis of scientific merit, 

opportunity for medical breakthroughs and urgency of need. It is 

the conferees intent that these funds be obligated solely at the discretion of the Director of NIH. The conferees understand that all 

awards would be subject to a competitive process. The language in 

this Title appropriating funds for the Office of the Director of NIH 

includes a limitation of $7,500,000 which may be used under the 

authority created in this general provision. 

DENALI COMMISSION

The conference agreement includes language amending the 

Denali Commission Act of 1998 to clarify that the Commission has 

authority to use the interagency transfer mechanism rather than 

grants to receive the funding provided in this Act. The House and 

Senate bills did not contain this provision. 

TITLE III—DEPARTMENT OF EDUCATION 

EDUCATION FOR THE DISADVANTAGED

The conference agreement includes $14,528,522,000 for Education for the Disadvantaged instead of $14,507,000,000 as proposed by the House and $14,107,356,000 as proposed by the Senate. 

For Grants to Local Educational Agencies (LEAs) the agreement provides $12,412,000,000. Both the House and the Senate 

proposed $12,350,000,000 for this program. The conference agreement includes $7,107,283,000 for basic grants and $1,365,031,000 

for concentration grants. The agreement also includes 

$1,969,843,000 for targeted grants, and $1,969,843,000 for education finance incentive grants. Concentration grants, targeted 

grants, and incentive grants are all provided on an advance-funded 

basis. 

The House proposed $7,172,971,000 for basic grants, 

$1,365,031,000 for concentration grants, $3,018,499,000 for targeted grants and $793,499,000 for education finance incentive 

grants. The Senate bill proposed $7,107,282,000 for basic grants, 

$1,365,031,000 for concentration grants, $1,670,239,000 for targeted grants, and $2,207,448,000 for education finance incentive 

grants.

The conference agreement also includes language proposed by 

the Senate which specifies that the Secretary of Education shall obtain annually updated census poverty data for the purpose of distributing title I funds. The conference agreement does not include 

language proposed by the Senate directing the Secretary to use 

810

data available on July 1, 2003 to calculate grants for fiscal year 

2004 under title I, notwithstanding any other provision of law. The conference agreement includes $248,375,000 for the Even Start program instead of $250,000,000 as proposed by the House 

and $175,000,000 as proposed by the Senate. The conferees commend the Office of Student Achievement and School Accountability 

for their efforts to coordinate and integrate existing Federal, State, 

and local literacy resources, including those provided under the 

Head Start program, Title I programs, and Adult Education programs, to strengthen and expand family literacy services. The conferees are aware that the 2003 report, ‘‘State Administration of the 

Even Start Family Literacy Program: Structure, Process and Practices’’, prepared by the U.S. Department of Education, calls for 

‘‘Federal leadership to promote collection of core program and participant data that are comparable across States.’’ The conferees 

also note that the report indicates ‘‘States differed greatly in every 

aspect of Even Start performance indicators that were submitted in 

June 2001, including the measures used, performance standards 

set, and subgroups to which the measurements and standards are 

to be applied,’’ and recommends areas where ‘‘further development 

is needed to enable successful implementation of the [Performance 

Indicators] system.’’ 

The conferees believe that the development of program performance indicators is critical to the Even Start program, however 

the conferees also understand that much of this development must 

take place at the State level. Therefore, the conferees urge the Department of Education to work with State coordinators of the Even 

Start Family Literacy Program and national organizations representing family literacy programs in developing these indicators. 

The conferees are aware that similar efforts are underway in the 

adult education, Head Start, and elementary and secondary education programs and suggest that the frameworks and indicators 

developed under these programs could be adapted to the Even 

Start progam as well. The conferees also believe that the performance indicators should be consistent with the findings of the ongoing Even Start evaluation being conducted by the Institute for Education Sciences, as required by Title I (B) Sec. 1239 to ‘‘improve the 

performance and effectiveness’’ of adults and children participating 

in Even Start Family Literacy programs. The conferees look forward to receiving information in the 2005 Congressional Budget 

Justification about the Department’s plans (including a timeline for 

implementation) for collecting this information. 

The conference agreement also includes $1,030,000,000 for 

Reading First State Grants instead of $1,050,000,000 as proposed 

by the House and $1,000,000,000 as proposed by the Senate. It also 

includes $95,000,000 for Early Reading First instead of 

$100,000,000 as proposed by the House and $85,000,000 as proposed by the Senate. 

The conference agreement also includes $19,960,000 for Literacy through School Libraries instead of $27,500,000 as proposed 

by the House and $12,419,000 as proposed by the Senate. 

The conference agreement includes $395,913,000 for the migrant education program as proposed by the Senate instead of 

$396,000,000 as proposed by the House. The conference agreement 

811

also includes $19,000,000 for high school equivalency program instead of $24,000,000 as proposed by the House and $16,000,000 as 

proposed by the Senate and $15,750,000 for college assistance migrant program instead of $16,000,000 as proposed by the House 

and $15,500,000 as proposed by the Senate. The agreement also includes $48,682,000 for neglected and de- linquent youth as proposed by the Senate instead of $49,000,000 as 

proposed by the House. The conference agreement includes $235,000,000 for comprehensive school reform as proposed by the House. The Senate bill 

did not include funds for this activity. The conference agreement also includes $8,842,000 for evalua- tion as proposed by the Senate instead of $9,500,000 as proposed 

by the House. 

IMPACT AID 

The conference agreement includes $1,236,824,000 for the Im- pact Aid programs instead of $1,238,324,000 as proposed by the 

House and $1,193,226,000 as proposed by the Senate. Within this 

amount, $1,070,000,000 is provided for basic support payments instead of $1,073,000,000 as proposed by the House and 

$1,030,292,000 as proposed by the Senate and $62,000,000 is provided for payments for Federal property as proposed by the House 

instead of $59,610,000 as proposed by the Senate. The conference 

agreement includes $46,208,000 for construction programs instead 

of $44,708,000 as proposed by both the House and the Senate. The 

agreement also includes the following:

Delta Greely School District, Delta Junction, AK, for school renovation ...................................................................................................... $1,000,000

Fairbanks North Star Borough, Fairbanks, AK, for relocation of the 

district’s kitchen facilities .................................................................. 500,000

SCHOOL IMPROVEMENT PROGRAMS

The conference agreement includes $5,834,208,000 for School Improvement Programs instead of $5,797,637,000 as proposed by 

the House and $5,731,453,000 as proposed by the Senate. The 

agreement provides $4,399,208,000 in fiscal year 2004 and 

$1,435,000,000 in fiscal year 2005 funding for this account. The conference agreement includes $2,945,825,000 for State grants for improving teacher quality instead of $2,930,825,000 as 

proposed by the House and $2,850,000,000 as proposed by the Senate. Of this amount, $1,435,000,000 is provided as a fiscal year 

2005 advance instead of $1,150,000,000 as proposed by both the 

House and the Senate. 

The conference agreement also includes $150,000,000 for math 

and science partnerships as proposed by the House instead of 

$100,344,000 as proposed by the Senate. 

The conference agreement includes $300,000,000 for the education block grant instead of $335,000,000 as proposed by the 

House and $345,000,000 as proposed by the Senate. The agreement 

also includes $1,005,000,000 for the 21st Century Community 

Learning Centers program instead of $1,000,000,000 as proposed 

by both the House and the Senate. The agreement also includes 

$391,600,000 for State assessments instead of $390,000,000 as proVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00815 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
812

posed by both the House and the Senate. The agreement also includes $16,644,000 for the foreign language assistance program instead of $17,144,000 as proposed by the Senate. The House did not 

propose funding for this program. The conference agreement includes $33,500,000 for the Edu- cation of Native Hawaiians instead of $36,000,000 as proposed by 

the Senate and $18,300,000 as proposed by the House. The agreement also includes language notwithstanding any other provision 

of law to allow funds under this program to be used for construction, renovation and modernization of any elementary school, secondary school, or structure related to an elementary school or secondary school run by the Department of Education of the State of 

Hawaii that serves a predominantly Native Hawaiian student body 

as proposed by the Senate. The House bill did not contain this provision. The conferees direct that no less than $1,000,000 shall be 

made available for early childhood activities, no less than 

$1,000,000 shall be made available to the Hawaii Department of 

Education for school construction/renovation activities, and 

$300,000 shall be made available for the University of Hawaii law 

school’s Native Hawaiian legal center. The conference agreement includes $33,500,000 for the Alaska Native Educational Equity program instead of $36,000,000 as proposed by the Senate and $14,200,000 as proposed by the House. 

The agreement also includes language notwithstanding any other 

provision of law to allow funds under this program to be used for 

construction as proposed by the Senate. The House bill did not contain this provision. The conference agreement includes $168,827,000 for rural edu- cation programs, instead of $170,000,000 as proposed by the House 

and $167,653,000 as proposed by the Senate. 

INNOVATION AND IMPROVEMENT 

The conference agreement includes $1,106,811,000 for programs in the Innovation and Improvement account, instead of 

$807,959,000 as proposed by the House and $782,133,000 as proposed by the Senate. The conference agreement includes $15,000,000 for Troops to Teachers, instead of $20,000,000 as proposed by the House. The 

Senate did not propose funding for this program. The conference 

agreement also includes $45,564,000 for the transition to teaching 

program, instead of $49,400,000 as proposed by the House and 

$41,727,000 as proposed by the Senate. The conference agreement includes $18,000,000 for the Na- tional Writing Project instead of $16,890,000 as proposed by the 

House and $18,890,000 as proposed by the Senate. The conferees 

intend that, from the increase provided over the fiscal year 2003 

level, $500,000 shall be used to support a pilot program on the integration of technology training in the national writing project program. The conference agreement includes $120,000,000 for the Teaching of Traditional American History as proposed by the Senate instead of $50,000,000 as proposed by the House. The conferees direct the Department to continue its current policy of awarding 3-

year grants. 

813

The conference agreement includes $18,500,000 for advanced credentialing activities instead of $16,500,000 as proposed by the 

House and $9,935,000 as proposed by the Senate. Within this 

amount, the conferees intend that $10,000,000 be used to complete 

the fifth year of a five-year grant to the National Board for Professional Teaching Standards (NBPTS) and $7,000,000 be used to continue a grant to the National Council on Teacher Quality. The conference agreement also includes $1,500,000 to conduct an evaluation of the outcomes of teachers who achieved NBPTS certification 

versus teachers who did not complete certification and teachers 

who did not participate in or apply for the program. The conferees 

direct the Assistant Secretary for the Institute for Education 

Sciences to contract with the National Academies of Science (NAS) 

to perform an independent, scientific study using the strongest 

practical methodology to evaluate the impact of board certification, 

including an assessment of whether the NBPTS certification model 

is a cost effective method of improving teacher quality and the extent to which certification makes a difference in student academic 

achievement. In carrying out this study, the NAS should commission the collection of new data and conduct appropriate, rigorous 

analyses of such data. The conferees also expect that a similar scientific evaluation will be conducted on the outcomes of the work of 

the National Council on Teacher Quality (NCTQ) when available 

data will permit such an assessment and therefore urge NCTQ to 

begin to incorporate evaluation elements into the program now. The conference agreement includes $37,500,000 for credit en- hancement for charter schools instead of $75,000,000 as proposed 

by the House. The Senate bill did not include funding for this activity. The conference agreement includes $26,916,000 to support vol- untary public school choice programs instead of $25,831,000 as proposed by the House and $28,000,000 as proposed by the Senate. 

Fund for the Improvement of Education (FIE)

The conference agreement includes $430,463,000 for the Fund 

for the Improvement of Education. 

Within the total for FIE, the conference agreement includes 

funding for the following activities in the following amounts:

Reading Is Fundamental ....................................................................... $25,334,000 

Star Schools ............................................................................................ 20,483,000 

Ready to Teach ....................................................................................... 14,406,000 

Exchanges with Historic Whaling and Trading Partners .................. 8,500,000 

Arts in Education ................................................................................... 35,279,000 

Parental Assistance Information Centers ............................................ 42,224,000 

Excellence in Economics Education Act ............................................... 1,500,000 

Women’s Educational Equity ................................................................ 2,980,000 

ED Pubs .................................................................................................. 1,900,901 

Helping Your Child Learn publications ............................................... 400,000 

Recognition programs ............................................................................ 808,000 

Teacher Quality initiatives ................................................................... 8,500,000 

CSRD grants .......................................................................................... 74,513,000 

CSRD clearinghouse .............................................................................. 1,639,099 

Facilities clearinghouse ......................................................................... 700,000 

Peer Review ............................................................................................ 25,000 

Reach Out and Read .............................................................................. 4,000,000

The conferees intend that the $74,513,000 for comprehensive 

school reform grants to local educational agencies shall support 

814

grants to States for continuing and new subgrants to local educational agencies for comprehensive school reform activities in both 

title 1 and non-title 1 eligible schools. The bill includes language 

specifying that these funds shall be allocated and expended in the 

same manner as in fiscal year 2003 and provides the funds on a 

forward funding basis. 

As noted above, the conference agreement includes $700,000 

for the National Institute of Building Sciences to continue operation of the National Clearinghouse for Educational Facilities, the 

Nation’s sole source for comprehensive information about school 

planning, design, financing, construction and maintenance. The 

conferees expect that the Department will provide an additional 

$300,000 for this purpose to address issues related to school safety 

and healthy school buildings, as described in the administration’s 

budget request for Safe and Drug-Free Schools and Communities 

National Programs. 

For Arts in Education, the conferees intend that within this 

total, $7,250,000 is for VSA Arts and $6,225,000 is for the John F. 

Kennedy Center for the Performing Arts. In addition, $4,000,000 is 

for cultural partnerships, $7,500,000 is for model professional development programs for music, drama, dance and visual arts educators and $304,000 is for evaluation activities. The remaining 

$10,000,000 is available to continue model arts programs. 

The conferees have included additional funds in this line item 

for the Secretary to support programs and projects that address national priorities in K–12 education. 

The conferees direct the Department to implement the Act consistent with their intent, as reflected above, and request an implementation plan to be submitted to the House and Senate Committees on Appropriations within 30 days of enactment of the Department of Education Appropriations Act, 2004. To the extent that the 

Department wishes to reprogram funds in order to address other 

activities or alter the allocation of funds for activities listed in the 

chart above, the conferees expect the Department to follow the 

guidance provided in this statement of the managers. 

Within the total for FIE, the following amounts are also provided:

100 Black Men of Louisville, Louisville, KY for Project MALE ......... $12,000 

10th District Gang Task Force, Herndon, VA, for program development and implementation for at-risk and gang prevention afterschool programs .................................................................................. 280,000 

Academy of Music, Lynchburg, VA, to support an arts education 

program for area students ................................................................. 100,000 

Academy of Natural Sciences, Philadelphia, PA, for educational 

programming associated with the Lewis and Clark expedition ..... 150,000

AFI Silver Theater and Cultural Center, MD for a technologybased mentoring program for at-risk youth ..................................... 250,000

After the Bell Program, Soldotna, AK, for after school programs ..... 100,000

Alaska Department of Education, Juneau, AK, for remedial education programs to help low-performing students meet testing requirements .......................................................................................... 2,000,000

Alaska Education Services, Anchorage, AK, for East Anchorage 

Youth in Peril Program to provide after school and summer programs for at risk youth ...................................................................... 475,000 

Alaska Hospitality Alliance, Anchorage, AK, for a vocational training program ........................................................................................ 100,000

815

Alaska Humanities Forum, Anchorage, AK, to bring authors to 

rural and remote school districts to promote literacy, reading, 

and writing skills through the Authors in Schools program .......... 50,000

Allegheny Conference on Community Development, Pittsburgh, PA, 

in collaboration with War for Empire, Inc., for educational programs and activities associated with the 250th anniversary of the 

French and Indian War ..................................................................... 350,000

American Foundation for Negro Affairs (AFNA) National Education 

and Research Fund, Philadelphia, PA, to raise the achievement 

level of minority students and increase minority access to higher 

education ............................................................................................. 650,000

American Humane Animal Welfare Education Program, Denver, 

CO, to support a model animal health and welfare educational 

program for elementary and secondary education students ........... 50,000

American Red Cross of Southeastern Pennsylvania, Philadelphia, 

PA, for educational programming ..................................................... 25,000 

American Society of Educators, Philadelphia, PA, to develop and 

disseminate materials on the use of instructional technologies ..... 50,000 

American Theater Arts for Youth, Inc., Philadelphia, PA, for an 

arts in education program ................................................................. 75,000 

American Theater Arts for Youth, Philadelphia, PA for youth arts 

programs in San Diego County, CA .................................................. 50,000 

American Theater Arts for Youth, Philadelphia, PA for youth arts 

programs in Washington State ......................................................... 50,000 

American Theater Arts for Youth, Philadelphia, PA, for elementary 

school students in Idaho .................................................................... 100,000 

American Theater Arts for Youth, Philadelphia, PA, for the Mississippi Arts in Education Program .................................................. 150,000 

Americana Community Center, Inc., Louisville, KY for an after 

school program and computer classes .............................................. 52,000 

An Achievable Dream, Newport News, VA, for curriculum development and a college preparation program ......................................... 250,000

Anchorage Museum of History and Art and Alaska Humanities 

Forum, Anchorage, AK, to develop curriculum on Alaskan culture and art for Alaska schools ......................................................... 200,000

Anchorage School District, Anchorage, AK, for an English Language Instruction program for limited English proficiency students .................................................................................................... 500,000 

Anchorage School District, Anchorage, AK, in conjunction with the 

Fairbanks North Star School District, for a technology-based system for standards-based instruction ................................................. 500,000 

Annie Malone Children and Family Service Center, St. Louis, MO, 

to expand an early education program and services and to include the Parents as Teachers Program .......................................... 750,000

Artspace Projects, Inc., Minneapolis, MN, for the Artspace Projects 

Distance Education Initiative, which may include the acquisition 

of technology ....................................................................................... 100,000

Atlantic City Schools, Atlantic City, NJ for English as a second language curriculum ............................................................................... 125,000 

Audubon Pennsylvania, Audubon, PA, to support educational programming that focuses on the art and writings of John Audubon 100,000 

Augusta Public Schools USD #402, Augusta, KS, for staff development and implementation of technology curriculum ...................... 250,000 

Bakersfield Music Theatre, Bakersfield, CA, for the STARS School 

of Fine Arts ......................................................................................... 100,000 

Beaufort County School District, Hilton Head Island, SC for the development and implementation of a model program in technology 

and literacy for K–12 education teachers ........................................ 200,000 

Bellevue School District, Washington, for implementation of an 

English as a Second Language training program ........................... 250,000 

Bethesda Children’s Home, Meadville, PA, to integrate a vocational 

and technical component into the educational curriculum ............. 50,000 

Big Brothers Big sisters of Greater Pittsburgh, Inc., Pittsburgh, 

PA, for a mentoring initiative for children of incarcerated parents 150,000

816

Big Brothers/Big Sisters of Anchorage, Fairbanks, and Southeast 

Alaska, in partnership with Alaska Department of Education, 

the Boys and Girls Club and Cook Inlet Tribal Council for a comprehensive mentoring program for at-risk children ........................ 300,000 

Bossier Parish School Board, Benton, LA, for technology enhancements ................................................................................................... 100,000 

Boston Symphony Orchestra, Boston, MA, for youth musical training and educational programs ........................................................... 400,000 

Boys and Girls Club of Philadelphia, Philadelphia, PA, to develop 

a school-based mentoring program ................................................... 50,000

Boys and Girls Clubs of America, Atlanta, GA, for computer training for at-risk youth ........................................................................... 2,000,000 

Boys and Girls Clubs of Indian River County, Vero Beach, FL ........ 100,000 

Boys and Girls Harbor, Inc., New York, NY, for a financial literacy 

project at the Germantown Settlement Charter School in Philadelphia, PA ......................................................................................... 25,000 

Bozeman Public School District, Bozeman, MT, for a pilot, standards-based learning program for elementary, middle, and high 

school students ................................................................................... 650,000 

Bradford High School, Bradford, PA, to improve the metalworking 

program ............................................................................................... 100,000 

Bucks County Quality Child Care Coalition for Early Care and 

Education, Doylestown, PA, to improve the quality of early childhood education programs ................................................................... 50,000 

Burns Telecommunications Center at Montana State UniversityBozeman, Bozeman, MT, to support the coalition for establishing 

a National Teacher Enhancement Network for access to high 

quality online professional development for science teachers ........ 250,000

CableLife Community Enrichment Corporation, Louisville, KY, for 

after school programs ........................................................................ 50,000 

Cabrini Mission Foundation, New York, NY, for technology, math 

and science resources ......................................................................... 50,000 

Caddo Parish School Board, Shreveport, LA, for technology enhancements ......................................................................................... 100,000 

Calcasieu Parish School Board, Lake Charles, LA, for technology 

enhancements ..................................................................................... 100,000 

Caldwell County Education Consortium, Lenoir, NC, for teacher 

training program ................................................................................ 250,000 

Canaan Community Development Corporation, Louisville, KY, for 

after school programs ........................................................................ 50,000 

Canton City Schools, Canton, OH, for the Genesis math project ...... 250,000 

Canton School District in Canton, SD, for a community education 

program ............................................................................................... 50,000 

Canton Symphony Orchestra, Canton, OH, for orchestra education 400,000 

Carnegie Science Institute, Pittsburgh, PA, for education programs 

for teachers and students as part of the Pittsburgh International 

Science and Technology Festival ...................................................... 50,000

Carthage Technical Center, Carthage, MO, for equipment ............... 250,000 

Centennial School District, PA, for a payment under subpart 20 of 

part D of title V of the ESEA, without regard to the requirements of that subpart ........................................................................ 450,000

Center for Educational Services, Auburn, ME, to establish the 

Schools and Technology for Assessment and Reflection (STAR) 

program ............................................................................................... 300,000 

Center for Houston’s Future, Houston, TX, for early education programs ................................................................................................... 150,000 

Center for Integrative Medicine at Inner Harmony, PC, Clarks 

Summit, PA, to develop a pilot program to assist children in coping with stress .................................................................................... 200,000

Center for the Improvement of Teacher Education and Schooling 

(CITES), Brigham Young University-Public School Partnership, 

Provo, UT, for public school reading instruction for intermediate 

and secondary grades ......................................................................... 300,000 

Central Pennsylvania Youth Ballet, Carlisle, PA, for an arts in 

education program ............................................................................. 25,000

817

Central Valley School District 356 in Greenacres, WA, to purchase 

and implement the PLATO system to improve student achievement .................................................................................................... 500,000 

Centre County AVTS, Pleasant Gap, PA, for technology equipment 100,000 

Chambers County Board of Education, Lafayette, AL, for the 

School District Internet Access Project ............................................ 50,000 

Champions of Caring, Villanova, PA, to support a recognition program for high school students serving their communities .............. 100,000 

Charter School Development Corporation in Las Vegas, NV, to 

focus on technology and college preparation .................................... 800,000 

Charter School Institute, Philadelphia, PA, for the Shipyard Charter School to develop curriculum and acquire equipment for apprentice programs .............................................................................. 50,000 

Chemeketa Community College, Salem, OR, for a high school 

equivalency program .......................................................................... 30,000 

Chesapeake Bay Foundation, Annapolis, MD, in collaboration with 

the Living Classrooms Foundation, Baltimore, MD, to provide 

field and computer programs about the Chesapeake Bay .............. 350,000 

Chesapeake Bay Foundation, Annapolis, MD, for environmental 

education programs in Pennsylvania ............................................... 50,000 

Cincinnati Zoo and Botanical Garden, Cincinnati, OH, for fiber 

optic data transmission system equipment ...................................... 100,000

City of Baker School Board, Baker, LA, for technology enhancements ................................................................................................... 50,000 

City of Providence, RI, on behalf of the Providence Public Schools, 

for an assessment of the school system, and development and implementation of a school improvement plan .................................... 150,000

City of San Bernardino, CA Superintendent of Schools to expand 

the Schools-to-Careers initiatives ..................................................... 350,000

City of San Jose, CA, Office of Early Care and Education Services 

to enhance training in the Smart Start program ............................ 400,000

City of Stockton, Stockton, CA, for the Stockton After School Program .................................................................................................... 500,000

City Year Inc., Philadelphia, PA, for the High School Heroes program to reduce truancy and drop-out rates ..................................... 225,000

Clark County Public Education Foundation in Las Vegas, NV, to 

support development of educational and technical activities ......... 100,000

Clark County School District, Las Vegas, NV, to provide support 

for academic enrichment activities ................................................... 75,000

Clark County School District, Las Vegas, NV, ‘‘Success Through 

English Program’’ (STEP) to provide intensive English Language 

instruction and testing services ........................................................ 150,000 

Clark County School District, Las Vegas, NV, for intensive math 

and reading intervention programs, including equipment costs .... 100,000 

Clark County School District, Las Vegas, NV, for teacher quality 

improvements ..................................................................................... 1,500,000 

Clemson University, Clemson, SC, for Call Me Mister program ....... 250,000 

Cleveland Avenue YMCA, Montgomery, AL, to support an after 

school program serving at-risk youth ............................................... 50,000 

Cleveland Botanical Garden, Cleveland, OH, for One by One Thousand Outreach project ........................................................................ 250,000 

Cleveland Independent School District, Cleveland, OH, to further 

implement the Voyager Universal Literacy Program, the Voyager 

Passport Program and other Voyager Expanded Learning programs designed to improve student literacy .................................... 150,000

Cleveland Institute of Music, Cleveland, OH, for distance learning 500,000

Coahoma Community College, Clarksdale, MS, to support improved 

student achievement and teacher quality through the StudentTeacher Enhancement Program ....................................................... 50,000

Cobbs Creek Community Environmental Education Center, Inc., 

Philadelphia, PA, to support environmental research conducted 

at the center by select high school students .................................... 100,000

Coconino County School District, Arizona, for teacher quality improvements ......................................................................................... 500,000

College of Staten Island, Staten Island, NY, for a Teacher Education and Enrichment Program ....................................................... 400,000

818

College Summit, Inc., Washington, DC, for increasing college enrollment rate of low income youth .................................................... 3,000,000

Communities in Schools of Virginia, Richmond, VA, to continue to 

help children achieve academic success, and to expand its program to more communities ................................................................ 150,000

Communities in Schools, Alexandria, VA, for national program activities to coordinate community resources to help youth stay in 

school ................................................................................................... 800,000

Community Economic Empowerment Corporation, Louisville, KY, 

for after school programs ................................................................... 50,000 

Community Foundation in Decatur, IL, to support science programs and related academic activities for local high school students .................................................................................................... 100,000

Community Foundation of Louisville, Louisville, KY, for Lac Viet 

reading programs ............................................................................... 50,000

Community of Agile Partners in Education/Pennsylvania Educational Telecommunications Exchange Network (CAPE/PETE), 

Bethlehem, PA, for distance learning programs .............................. 300,000 

Conservatory for the Performing Arts Charter School, St. Paul, 

MN, for development and support of educational programs .......... 25,000

Constitutional Foundation, Philadelphia, PA, to develop educational programming on the history of the Constitution .............. 50,000 

Continuation and expansion of the Iowa Communications Network 

statewide fiber optic demonstration ................................................. 1,000,000 

County of Charleston, Charleston, SC, for a Charleston Media 

Technology Park project .................................................................... 200,000 

County of Venango, Franklin, PA, to promote environmental and 

heritage education .............................................................................. 50,000

Danville Independent Schools, Danville, KY, for Danville Kids’ University ................................................................................................. 150,000 

Dauphin County, PA, for a Truancy and Delinquency Reduction 

Program .............................................................................................. 50,000 

Delaware Valley Earth Force, Wyncote, PA, for environmental education programs .................................................................................. 37,500

Delta Greely School District, Delta Junction, AK, to develop interactive online courses and provide distance education services (via 

the Internet) to small schools in rural Alaska ................................. 750,000

Deming Public Schools, Deming, NM, to support the alternative 

high school program, district improvement plan and technology 

enhancement program ....................................................................... 680,000

DePaul School, Louisville, KY, for educational instructional materials ..................................................................................................... 50,000 

Discovery Center of Science and Technology, Bethlehem, PA, for 

educational programs and exhibits that will demonstrate best 

practices for teaching science ............................................................ 200,000

East Baton Rouge Parish School Board, Baton Rouge, Louisiana, 

for technology enhancements ............................................................ 100,000

Eastern National, Fort Washington, PA, for education programs .... 50,000 

Ed & Ruth Lehman YMCA, Longmont, CO, to support afterschool 

programs ............................................................................................. 15,000

Educare of Omaha, Inc., NE to promote school readiness among 

low-income children ........................................................................... 750,000

Education Leaders Council, Washington, DC, for the Following 

Leaders project ................................................................................... 10,000,000

Educational Service District #101, Spokane, WA for distance learning ........................................................................................................ 300,000 

El Dorado Public Schools, El Dorado, KS, to extend Project Connect 250,000 

Encore Series, Inc., Philadelphia, PA, for the Jazz in the Schools 

music education program .................................................................. 100,000

Endeavor Academy, Titusville, FL, for professional development 

workshops to K–12 teachers in math, science, technology and 

reading ................................................................................................ 200,000

Entrepreneurship Florida, Tampa, FL, for teacher training, student 

curriculum/text material, administrative costs ............................... 100,000

Fairbanks North Star Borough School District, Fairbanks, AK, for 

the 4 R Children’s program ............................................................... 300,000

819

Fairfax County Public Schools, Fairfax, Virginia, for a delinquency 

prevention program for students with behavioral and emotional 

needs ................................................................................................... 200,000

Fairfax County Public Schools, Fairfax, Virginia, to initiate a 

course in Emergency Medical Services for Falls Church High 

School to respond to future security and safety incidents .............. 100,000

Fairfax Education Foundation, Fairfax, Virginia, to implement a 

web-based communications portal, Partnerships to Advance 

Learning .............................................................................................. 250,000

Family First Foundation, Erie, PA, for alternative education programs for at-risk youth ...................................................................... 75,000

Family Life Center, Inc., Louisville, KY for after school programs 50,000

Family Services of Northeast Wisconsin, Green Bay, WI, to expand 

afterschool programming for minority and at-risk youth ............... 125,000

Father Maloney’s Boy’s Haven, Louisville, KY for education programs ................................................................................................... 50,000 

Field Kindley High School, Coffeyville, KS, for start-up costs for 

implementing a Health Careers program ........................................ 250,000

First Book, Washington, DC, to establish a First Book Rural Initiative in Idaho ....................................................................................... 450,000 

First Tee, St. Augustine, FL for a character education program ...... 1,000,000 

Fisher’s Peak YMCA, Trinidad, CO, for afterschool programs and 

a summer camping program ............................................................. 15,000

Flagship After School Program in Missoula County, MT, for after 

school and summer school programs ................................................ 100,000 

Florida Orchestra, Tampa, Florida, for a demonstration program .... 250,000

Florida State University, Tallahassee, Florida, for a Florida reading, math and science initiative ........................................................ 1,500,000

For Us Northwest, Portland, OR, for a mentoring program for children affected by HIV/AIDS ................................................................ 25,000

Fort Worth Independent School District, Fort Worth, TX, for the 

ISD Imagination Station project ....................................................... 500,000

Foundation for the Improvement of Mathematics and Science Education, CA for student assessment, teacher training, and curriculum development ......................................................................... 100,000

Foundation for the Improvement of Mathematics and Science Education, San Diego, CA, to implement the Blueprint for Student 

Success project in the San Diego City Schools ................................ 800,000

Fox Valley Family YMCA, Plano, Illinois, for the Teen Action 

Agenda Program ................................................................................. 230,000

Franklin Technology Center, Joplin, MO, for equipment ................... 250,000

Freedoms Foundation at Valley Forge, PA, to support civic education programs for students ............................................................ 100,000

Futures For Children, Albuquerque, NM, to support programs that 

help American Indian youth stay in school ..................................... 1,100,000

Galena School District, Galena, AK, for a distance education program .................................................................................................... 500,000 

Galena School District, Galena, AK, to develop an assets-building 

program for transitioning of Rural Alaska Students in boarding 

school environments ........................................................................... 600,000

Galilee Community Development Corporation, Louisville, KY for 

academic tutoring and enrichment ................................................... 30,000

Gettysburg College, Gettysburg, PA, for the development of an arts 

in education program to serve K–12 students ................................. 50,000

Gibson Technical Center, Reeds Spring, MO, for equipment ............ 250,000 

Girl Scouts of the USA, Washington DC for a science and math 

program ............................................................................................... 500,000 

Give Every Child A Chance, Manteca, CA, to provide tutoring services to children in grades K–12 ......................................................... 500,000

Grand Valley State University, Allendale, MI, for a Teacher Academy program to address the unique needs of and demand for 

teachers in urban districts ................................................................ 50,000

Grant Joint Union High School District, Sacramento, California, 

for Maritime Technology Training Program .................................... 53,000

Great Lakes Science Center, Cleveland, OH, to develop educational 

programs to promote literacy in math, science, and technology .... 350,000 

820

Great Projects Film Company, Inc., Washington, DC, to produce 

‘‘Educating America,’’ a documentary about the challenges facing 

our public schools ............................................................................... 50,000

Greater Cleveland Growth Association, Cleveland, OH for curriculum development for an advanced manufacturing and engineering technology academy ............................................................. 250,000 

Green Tree School, Philadelphia, PA, for an educational-based, 

after school program for students with serious emotional disturbances .................................................................................................... 50,000

Hartman Home Transitional Living Program, Wilkes-Barre, PA, to 

support the development of critical life skills for at-risk youth ..... 50,000

Heartland Regional Community Foundation, St. Joseph, MO, to 

create a regional youth development program for 12–15 year olds 125,000

Hillsborough Community College, Tampa, FL, for the Information 

Technology, Innovative Teaching, and Instructional Technology 

(IT–3) program to develop and implement a technology training 

program for K–12 teachers ................................................................ 500,000

Hollidaysburg Area School District, Hollidaysburg, PA for an interactive instructional system ................................................................ 100,000 

Holton High School, Holton, KS, for equipment and technology infrastructure ......................................................................................... 150,000

Houston Independent School District, Houston, Texas, for River 

Oaks Elementary to set up an International Baccalaureate program .................................................................................................... 50,000

Humphreys County School District, MS, for curriculum and library 

resource improvement ........................................................................ 25,000

Huntingdon College, Montgomery, AL, for training K–12 teachers 

in the use of education technology .................................................... 200,000

Hurley School District in Hurley, Wisconsin for after school programs ................................................................................................... 250,000

I Can Learn, New Orleans, LA for technology programs ................... 3,500,000

Idaho Falls School District 91, Idaho Falls, Idaho, to implement an 

English as a Second Language instructional program ................... 400,000

Illinois Coalition of Challenger Learning Centers, Bloomington and 

Woodstock, Illinois, for science education programs ....................... 500,000

Illinois Math and Science Academy for 21st Century Information 

Fluency Project ................................................................................... 500,000

Illinois State Board of Education, Springfield, IL for North Chicago 

SD #187 for school improvement to low-performing high schools 

and middle schools ............................................................................. 90,000

Illinois State Board of Education, Springfield, IL for the Flora 

School District career and technical education ................................ 125,000

Illinois State Board of Education, Springfield, IL for the Robinson 

High School computing program ....................................................... 165,000

Illinois State Board of Education, Springfield, IL for Waukegan 

CUSD #60 for school improvement to low-performing high 

schools and middle schools ................................................................ 90,000 

Illinois State Board of Education, Springfield, IL for Wheeling 

CCSD #21 for math achievement in the middle grades .................. 70,000

Illinois State Board of Education, Springfield, Illinois, for Aurora 

West SD 129, to assist in implementing Career Academies at 

West Senior High School ................................................................... 250,000

Illinois State Board of Education, Springfield, Illinois, for 

Carpentersville CUSD 300 for school improvement interventions 

in their low-performing high schools and middle schools ............... 300,000

Illinois State Board of Education, Springfield, Illinois, for Elgin U 

46 to strengthen and expand the instruction related to the Illinois Learning Standards in Career and Technical Education ....... 250,000

Illinois State Board of Education, Springfield, Illinois, for Illinois 

Virtual High School Project ............................................................... 50,000 

Illinois State Board of Education, Springfield, Illinois, for the Taft 

School District 90 to improve student achievement through technology-based and resource-based instruction .................................. 150,000

Illinois State Board of Education, Springfield, Illinois, to establish 

an early learning program in Plainfield CCSD 202 ........................ 150,000

Independence USD 446, Independence, KS, for teacher training 

and technology curriculum development .......................................... 250,000

821

Indian River Community College, Fort Pierce, FL, for teacher education and training ............................................................................. 100,000

Institute for Advanced Learning and Research, Danville, VA, for 

technology training for educators and students .............................. 600,000

Institute for Education and the Arts of the National Music Center 

and Museum Foundation, Washington, DC for a music education 

demonstration ..................................................................................... 500,000

Institute for Student Achievement, Lake Success, NY, for educational programs for at-risk students ............................................. 750,000

Institute for Student Achievement, Lake Success, NY, for programmatic costs at Annandale High School in Virginia ................. 225,000

Institute for Student Achievement, Lake Success, NY, for programmatic costs at Glen Cove High School in New York. .............. 140,000

Institute of HeartMath, Boulder Creek, CA for a national demonstration on student standardized testing ..................................... 1,000,000

Intermediate Unit 17 Technology Improvement Project, Williamsport, PA, to support school districts and enhance their access to 

information technology ...................................................................... 200,000

International Music Products Association, Carlsbad, California, to 

provide students in San Diego County with music education ........ 125,000

Iowa Association of School Boards, Des Moines, IA for the Lighthouse for School Reform project ........................................................ 500,000

Iowa Department of Education to continue and expand a demonstration program for additional bilingual and English as a Second Language training ...................................................................... 1,000,000

Iowa Department of Education to continue the Iowa School Construction Demonstration Project ....................................................... 7,000,000

Iowa State Education Association, Des Moines, IA, for an initiative 

to educate students on the role of international trade in the U.S. 

economy ............................................................................................... 155,000

Iron County Schools, Cedar City, UT, to support the development 

of the Student Achievement Management (SAM) information system ....................................................................................................... 100,000

Isaac Stern Education Legacy in New York, NY, to integrate distance learning and educational technology with music education 

programs ............................................................................................. 150,000

JASON Foundation for Education to extend science education and 

teacher professional development programs to schools in South 

Carolina .............................................................................................. 500,000

Jefferson County Public School District, Golden, Colorado, for an 

English Language Development Program ........................................ 500,000

Jefferson County-DuBois AVTS, Reynoldsville, PA, to improve the 

technical education capacity of the school ....................................... 250,000

Junior Achievement of Kentuckiana, Inc., Louisville, KY, for economic education .................................................................................. 40,000

Junior Achievement of Southwest Pennsylvania, Inc., Warrendale, 

PA, to implement Exhange City, a nationally recognized, innovative learning program, in Pittsburgh ............................................... 100,000 

Kathleen Elementary School, Lakeland, Florida, for technology enhancements ......................................................................................... 30,000

Kids Voting South Dakota in Pierre, SD to expand programming 

in tribal schools .................................................................................. 60,000

KIPP Foundation, San Francisco, CA for KIPP School Leadership 

Program .............................................................................................. 4,000,000 

KNME, Albuquerque, NM, to support the American Indian Literacy program ..................................................................................... 750,000

Knowledge Works, Cincinnati, OH for Ohio High School Transformation Initiative ............................................................................ 1,000,000 

L.E.A.D.E.R.S program, Rochester Hills, Michigan for character 

education programs ............................................................................ 150,000

LA’s BEST After School Enrichment Program in Los Angeles, CA 400,000

Lafayette Parish School Board, Lafayette, Louisiana, for technology 

enhancements ..................................................................................... 100,000

Lafourche Parish School Board, Thibodaux, Louisiana, for technology enhancements ......................................................................... 100,000

Lake Erie-Allegheny Earth Force, Erie, PA, for environmental education programs .................................................................................. 37,500 

822

Lansing Public Schools, Lansing, MI, to implement the Help One 

Student to Succeed Reading Centered School program .................. 198,000

Last Frontier Council of the Boy Scouts of America, Oklahoma 

City, OK for the Learning for Life program .................................... 200,000

Lenawee Agricultural Learning Center, Adrian, MI, for fiber optic 

connection and equipment ................................................................. 92,000 

Letcher County Board of Education, Whitesburg, Kentucky, for 

technology equipment ........................................................................ 300,000

Liberty Memorial Association, Kansas City, MO, to develop education programs for students ............................................................ 50,000 

Lindsey Wilson College, Columbia, Kentucky, for Math and 

Sciences Career Development Center ............................................... 350,000

Line Mountain School District, Trevorton, PA, to develop a pilot 

project designed to offer specialized curriculum and vocational 

training related to careers in volunteer firefighting to high school 

students in Pennsylvania .................................................................. 50,000 

Livingston Parish Technology and Literacy Center, Denham 

Springs, Louisiana, for educational programs ................................. 71,000

Loess Hills Area Education Agency in Iowa for a demonstration in 

early childhood education .................................................................. 750,000

Logan City School District, Logan, UT, for support of the Early 

Reading Assistance Project ............................................................... 100,000

Long Island Philharmonic Orchestra, Melville, New York, for music 

educational programs ......................................................................... 250,000

Look Up To Cleveland, Cleveland, Ohio, to encourage the development of Cleveland’s young leaders ................................................... 75,000 

Los Angeles County Office of Education, Downey, California, for 

the Early Advantage Initiative project ............................................. 500,000

Louisiana Department of Education for TAP, a multi-tiered, teacher staffing model that provide teachers with new career growth 

paths, increased salary flexibility and ongoing professional development ................................................................................................ 200,000

Lycoming County Career Consortium, Williamsport, Pennsylvania, 

to improve the technical education capacity of the consortium ..... 100,000

Marketplace for Kids for an entrepreneurial education program in 

North Dakota ...................................................................................... 300,000

Marywood University, Scranton, PA, for technology and curriculum 

development for the Center for Assistive Technology laboratories 

to provide training to K–12 educators on teaching practices ......... 300,000

Maui Economic Development Board for Girls into Science Program 300,000

Medaille College, Buffalo, New York, for literacy program at the 

Western New York Center for Literacy and Learning .................... 50,000

Messiah College, Grantham, PA, to support initiatives to improve 

educational opportunities for children in grades K–12 ................... 200,000

MicroSociety, Philadelphia, PA, to further develop and disseminate 

a whole school model of reform ......................................................... 200,000

Midlands Youth Foundation, Chicago, IL, for the Beat the Streets 

Program .............................................................................................. 150,000

Military Heritage Foundation, Carlisle Barracks, PA, for the 

United States Army Heritage and Education Center for education materials and programs on military and social history ...... 100,000

Milton S. Eisenhower Foundation to continue a demonstration on 

full-service schools in Iowa ................................................................ 500,000

Milton S. Eisenhower Foundation to support a full-service community school in the Tukwila school district in Washington State .... 250,000

Milton S. Eisenhower Foundation, Washington, DC, to replicate the 

full-service community school program in Pennsylvania ................ 300,000 

Minnesota Historical Society, St. Paul, MN, in collaboration with 

the University of Minnesota, for improving academic achievement through history education ........................................................ 25,000

Mira Loma High School, Sacramento, California, for the International Baccalaureate Program ...................................................... 25,000

Mississippi Broadcasting Networks, Jackson, MS, for public radio 

broadcast of student writing through the Rural Voices initiative 100,000

Monett R–1 School District, Monett, MO, for support of the Southwest Area Career Center, including acquisition of equipment and 

technology ........................................................................................... 500,000

823

Monroe City School District, Monroe, Louisiana, for technology enhancements ......................................................................................... 50,000

Moore College of Art and Design, Philadelphia, PA, for equipment 

and the expansion of the Young Artists Workshop, an arts education program offered to underprivileged students from the 

Philadelphia School District .............................................................. 50,000

Motivational Productions, Garden Ridge, TX, to establish a violence/drug prevention and character education program ............... 250,000

Mountain Arts Center, Prestonsburg, Kentucky, to expand its 

music and arts program .................................................................... 225,000

Mountain Laurel Center, Bushkill, PA, for equipment and program 

development related to the Mountain Laurel Institute .................. 200,000

Musical Arts Association, Cleveland, OH for education outreach 

programs projects ............................................................................... 500,000

Naperville Community Unit School District 203, Naperville, Illinois, for a P.E. 4LIFE Institute to train more physical education 

teachers throughout the state on proven methods of innovative 

physical education programs ............................................................. 200,000

National Aviary, Pittsburgh, PA, for technology for the Flite-Zone 

immersive classroom and expansion of nature education programs ................................................................................................... 100,000

National Council of La Raza, Washington, D.C., to develop assessment guidelines for limited English proficient students and to expand professional development academies ....................................... 500,000 

National Foundation for Teaching Entrepreneurship to Handicapped and Disadvantaged Youth in partnership with Seattle 

Public Schools to provide financial literacy and entrepreneurship 

education to low-income and minority youth ................................... 100,000

National Foundation for Teaching Entrepreneurship to Handicapped and Disadvantaged Youth, Inc., Pittsburgh, PA, to provide financial literacy and entrepreneurship education to low-income and minority youth in Philadelphia and Pittsburgh ............. 100,000

National History Day for a history competition in Iowa .................... 100,000

National Maritime Heritage Foundation, Washington, DC, for the 

Spirit of Enterprise Maritime Heritage Education Program .......... 75,000

National Science Center Foundation, Augusta, GA for educational 

technology and other purposes .......................................................... 1,000,000

National Student Partnerships, Washington, DC, for National 

Service Program training activities to improve and evaluate 

methods of expansion for national training programs .................... 100,000

National Ten-Point Leadership Foundation, Boston, MA, for math 

and science programs for at-risk youth ............................................ 225,000

New Avenues for Youth, Portland, OR, for educational services to 

homeless youth ................................................................................... 30,000

New Orleans Outreach to expand the programming and administration of their school based volunteer program ............................. 200,000

New School University, New York, NY, for a pilot program to provide supplementary services and support to at-risk, low-income 

high school students .......................................................................... 250,000

New York University, Child Study Center, NY, for the ‘‘Parent 

Corps’’ initiative ................................................................................. 100,000

New Zion Community Development Foundation, Inc., Louisville, 

Kentucky, for after school programs ................................................ 50,000

North Carolina Electronics and Information Technologies Association, Raleigh, North Carolina, for its School Technology Demonstration Project ............................................................................... 250,000

North Central Regional Education Laboratory, Naperville, IL for a 

center to help states implement the No Child Left Behind Legislation ................................................................................................... 200,000

North Rockland Central School District for an Early Childhood 

Center in Rockland County, NY ....................................................... 50,000

North Slope Borough School District, Barrow, AK, for an early 

childhood education program ............................................................ 300,000

Northern Illinois University, College of Liberal Arts and Sciences, 

DeKalb, IL, for student support, including stipends, equipment 

and computers for a paleontology research project ......................... 100,000

824

Ohio Board of Regents, Columbus, OH, for a science education network ..................................................................................................... 1,700,000 

Ohio Department of Education for Teacher Preparation Demonstration—Charter College and Apprenticeship Model ........................... 800,000

Oil City Area School District, Oil City, PA, to establish a technology laboratory ................................................................................ 100,000 

Oklahoma State Department of Education, Oklahoma City, Oklahoma, to sustain and expand their handheld computer program 150,000

On line Louisiana, New Orleans, LA, for an on-line project .............. 200,000 

Opera Company of Philadelphia, Philadelphia, PA, for the Sounds 

of Learning arts education program ................................................. 50,000

Oregon Partnership, Portland, OR, for a program to close the 

achievement gap for Hispanic students ........................................... 125,000 

Ouachita Parish School Board, Monroe, Louisiana, for technology 

enhancements ..................................................................................... 50,000

PACE Juvenile Justice Center in Des Moines, Iowa, to establish 

the Director’s Council of Des Moines to coordinate youth services 300,000

Pacific Islands Educational Center in American Samoa, to support 

the use and application of basic English and math skills .............. 400,000

Panhandle Area Educational Consortium, Chipley, Florida, to establish a reading teacher program ................................................... 500,000 

Parent Institute for Quality Education in San Diego, CA, to provide 

a parent training program ................................................................. 100,000 

Parents as Teachers National Center, St. Louis, MO, to revise the 

Born to Learn Curriculum ................................................................. 400,000 

Parents, Inc., Anchorage, AK, for expansion of Parents Inc. programs and activities in Alaska ......................................................... 500,000

Parks Unlimited, Inc., Franklin, PA, for environmental education 

programs ............................................................................................. 50,000 

Partners in Economic Progress in Des Moines, IA, for a mentoring 

and education support program for disadvantaged children .......... 400,000

Partnership for Children, Kansas City, MO, for structured before 

and after school educational programs ............................................. 1,000,000 

Peace Center, Inc., Louisville, KY, for after school programs ........... 20,000 

Pennsylvania Academy of Fine Arts, Philadelphia, PA, for support 

of an after-school arts program ......................................................... 25,000 

Pennsylvania Academy of Music, Lancaster, PA, to develop and 

conduct a performance-based, classical music education program 50,000 

Pennsylvania Ballet Association, Philadelphia, PA, for outreach 

and education programs .................................................................... 100,000

People for People, Inc., Philadelphia, PA, for programs at the Parent Information Resource Center ...................................................... 100,000

Philadelphia Department of Recreation, Philadelphia, PA, for a 

mentoring initiative as part of the Camp William Penn program 50,000 

Philadelphia Foundation, Philadelphia, PA, for a Sports and Entertainment Career Expo to expose high school students to career 

opportunities in the sports industry ................................................. 50,000

Philadelphia Health Management Corporation, Philadelphia, PA, 

in collaboration with the National Center for Learning Disabilities, to conduct early childhood literacy training and program 

development activities as part of the Get Ready to Read! Initiative ....................................................................................................... 100,000 

Philadelphia Martin Luther King, Jr. Association for Nonviolence 

Inc., Philadelphia, PA, for its College for Teens program .............. 50,000

Philadelphia Mural Arts Advocates, Philadelphia, PA, for an afterschool art education program ............................................................ 25,000

Philadelphia Orchestra, Philadelphia, PA, for educational programs 175,000 

Philadelphia Safe and Sound, Philadelphia, PA, to offer comprehensive youth development activities, including after-school 

programming, as part of a full community school approach .......... 100,000 

Philadelphia Zoo, Philadelphia, PA, for the Zoo School Education 

program and the Junior Zoo Apprentice New Ventures program 250,000

Phipps Conservatory and Botanical Gardens, Pittsburgh, PA, to 

provide educational programs for students visiting the gardens ... 200,000

Pinal County School District, Arizona, for teacher quality improvements ................................................................................................... 500,000 

825

Pittsburgh Technology Council, Pittsburgh, PA, for technology upgrades and expansion of the Technology Literacy Initiative to 

train K–12 teachers and students in the use of computers ............ 100,000 

Pittsburgh Voyager, Pittsburgh, PA, for math and science education programming for students ...................................................... 250,000

Plymouth Community & Renewal Center, Louisville, KY for summer day camp and managing adolescent problems ......................... 20,000

Point Hope Daycare Center, Point Hope, AK, to train teachers and 

improve programs for young children .............................................. 50,000 

Presbyterian Community Center, Louisville, KY for youth development education ................................................................................... 100,000

Presque Isle State Park, Erie, PA, for curriculum development and 

environmental education programs .................................................. 25,000

Prince William County Public Schools, Manassas, Virginia, for Middle School Reading and Math Remediation Program ..................... 200,000 

Prince William County Public Schools, Manassas, Virginia, for Bilingual Literacy Extended Kindergarten Program .......................... 200,000 

Project 2000, Washington, DC, for after school programs to provide 

academic and mentoring services to inner city youth ..................... 125,000

Project GRAD–USA Inc., Houston, TX, for continued support and 

expansion of the program focusing on school reform ...................... 20,000,000

Project H.O.M.E., Philadelphia, PA, for an afterschool program ...... 100,000

Project Rainbow, Philadelphia, PA, to provide early childhood services and after-school programs .......................................................... 250,000 

Provo City Public Schools, Provo, Utah, to develop, purchase and 

implement an English language instructional program for training and certifying ESL teachers ....................................................... 300,000

Public/Private Ventures, Philadelphia, PA, for the Youth Education 

for Tomorrow Center, as part of an after-school, literacy initiative ....................................................................................................... 50,000

Rabbit Run Community Arts Association, Madison, OH, for educational programs ............................................................................... 90,000

Rapides Parish School Board, Alexandria, Louisiana, for technology 

enhancements ..................................................................................... 100,000

ReadNet Foundation, New York, NY, for a web-based educational 

program ............................................................................................... 300,000 

Recognizing Achievement-Rewarding Excellence Foundation, Troy, 

MI, for an award and education program and student leadership 

services ................................................................................................ 225,000

Regent University, Virginia Beach, Virginia, for character education programs in Chesapeake and Suffolk School systems ......... 350,000

Research for Better Schools, Philadelphia, PA, to provide researchbased technical assistance to school districts to assist in implementing math and science goals ....................................................... 50,000

Richmond Public School System, Richmond, Virginia, for technology upgrades .................................................................................. 62,000

Rio Rancho Public Schools in New Mexico, for the Consortium of 

Teacher Excellence ............................................................................. 100,000 

Riverside County Office of Education, Riverside, CA, for the Riverside County Achievement Team Program ........................................ 133,000

Robert Morris College to expand its College Excel program that 

provides college academic and career skills to high school seniors 

and juniors .......................................................................................... 750,000

Rock School, Philadelphia, PA, to support dance education and a 

school outreach program .................................................................... 150,000

Salvation Army Boys and Girls Clubs, Louisville, KY, for Project 

Learn and Family Learning Centers ................................................ 200,000

San Bernardino City Unified School District, San Bernardino CA, 

for vocational training program ........................................................ 750,000

San Bernardino City Unified School District, San Bernardino, CA, 

for developing English skills for English learners .......................... 500,000 

San Bernardino County Superintendent of Schools, San 

Bernardino, California, for a Virtual High Tech High Program .... 500,000

San Juan Unified School District, Carmichael, CA, for Focus on 

Literacy project ................................................................................... 326,000 

San Juan Unified School District, Carmichael, CA, for Mira Loma 

High School Arcade Creek environmental education program ...... 96,000

826

San Pasqual Academy, Escondido, California, for information technology infrastructure ......................................................................... 125,000

School District of La Crosse, La Crosse, WI, for after school programs ................................................................................................... 250,000

School District of Palm Beach County, Florida, to further a demonstration family literacy education program ................................. 125,000

School District of Palm Beach County, West Palm Beach, Florida, 

to expand curriculum and professional staff development ............. 200,000

School District of Philadelphia, Philadelphia, PA, to reduce school 

violence by utilizing community partnerships ................................. 250,000

Schoolcraft College, Livonia, Michigan, for its Pipeline to Science 

and Math Program ............................................................................. 250,000

Scotland County School District, Laurinburg, North Carolina, to 

implement a HOSTS Reading Centered School Program ............... 70,000

Scranton Cultural Center, Scranton, PA, for educational programs 200,000

Seattle Public Schools in partnership with Community Training 

and Assistance Center to provide technical assistance in educating and involving parents in school improvement ..................... 200,000

Seneca Highlands AVTS, Port Allegany, PA, for technology equipment .................................................................................................... 100,000 

Settlement Music School, Philadelphia, PA, to support a community arts program for students in the City of Chester .................... 100,000

Shawnee Gardens Tenants Association, Inc., Louisville, KY, for 

after school programs ........................................................................ 35,000

Sioux City Community School District in Sioux City, IA, to continue and expand the implementation of testing software in Iowa 500,000

Smethport Area School District, Smethport, PA, for technology upgrades .................................................................................................. 100,000 

Sobriety High, St. Paul, MN, for training, curriculum development 

and program management ................................................................ 400,000

Somerset Community College, Somerset, Kentucky, to develop an 

enhanced Next Generation Project to help teachers teach the importance of financial literacy among youth ...................................... 400,000

South Carolina Educational Television, Columbia, SC, to continue 

the Bridges Demonstration Project to develop educational curriculum compatible with digital broadcasting ................................. 300,000

Southern Methodist University, Dallas, TX, for the Dallas Early 

Childhood Reading Initiative ............................................................ 500,000

Southwest Area Career Center, Monett, MO, for equipment ............ 250,000

Springfield Regional Arts Council, Springfield, MO, for arts education ................................................................................................... 45,000

Spring-Ford Area School District, Collegeville, PA, to assess students and provide intervention services for students identified in 

need of academic improvement ......................................................... 75,000 

St. Labre Native American Professional Development Center, 

Sheridan, WY, to expand a program to train teachers serving Native American students in an early literacy learning and math 

framework ........................................................................................... 500,000

Stage One: The Louisville Children’s Theatre, Louisville, KY for 

education projects ............................................................................... 50,000

Stark County Educational Service Center, Canton, OH for Leadership Skills for NCLB project ............................................................. 500,000

STARS Club Education Program, Jeffersonville, IN, for after school 

and Saturday programs ..................................................................... 40,000

State of Alaska, Juneau, AK, for the Right Start extended-day kindergarten program ............................................................................. 1,000,000

State of Mississippi, Department of Education, Jackson, MS, for 

the Mississippi Math Initiative to improve math scores of elementary and high school students .................................................... 500,000

Summerbridge Louisville, Louisville, KY for summer tutoring ......... 20,000

Sun Area Career and Technology Center, New Berlin, PA ................ 100,000

Teach for America, New York, NY ....................................................... 2,000,000

Temple Community Development Corporation, Louisville, Kentucky for the Children Against Negativity (CAN) program ........... 50,000

Terrebonne Parish School Board, Houma, Louisiana, for technology 

enhancements ..................................................................................... 100,000

827

The ART of Leadership Foundation, Birmingham, MI, for curriculum development and training ................................................... 175,000

The Desert Research Institute, Las Vegas, NV, for an outdoor program used to teach K–12 students about the environment of the 

Mojave Desert ..................................................................................... 100,000

The Landmark School, Prides Crossing, MA, for a collaborative 

program with Advocacy Research designed to detect, track, and 

treat childhood dyslexia and other language-based learning disabilities ................................................................................................ 150,000 

The Math Forum, Philadelphia, PA, in conjunction with Drexel 

University, to support student learning via an interactive Math 

website ................................................................................................ 100,000

The National Association of Music Education (MENC), Reston, VA, 

to develop and disseminate information on model music education programs .................................................................................. 50,000 

The National Civil War Museum, Harrisburg, PA, for the infrastructure technology components for student outreach and distance learning ..................................................................................... 100,000

Thelonious Monk Institute of Jazz, Washington, DC, for development of its National Jazz Curriculum and teacher training workshops .................................................................................................... 75,000

Think Together, Santa Ana, California, to assist low-income students with homework, tutoring, and mentoring .............................. 400,000

Tides Foundation, San Francisco, CA, for the McKelvey entrepreneurial college scholarships to rural, low income Pennsylvania 

high school graduates ........................................................................ 300,000

To provide assistance to low-performing schools, of which 

$18,200,000 shall be for a grant to the Commonwealth of Pennsylvania Department of Education to provide assistance, through 

subgrants, to low-performing school districts that are slated for 

potential take-over and/or on the Education Empowerment List 

as prescribed by Pennsylvania State Law; and of which 

$1,800,000 shall be for a grant to Lock Haven University for the 

Philadelphia School District/Lock Haven Professional Development Partnership for professional development and related services. The Commonwealth initiative is intended to improve the 

management and operations of the school districts; assist with 

curriculum development; provide after-school, summer and weekend programs; offer teacher and principal professional development and promote the acquisition and effective use of instructional technology and equipment ...................................................... 20,000,000

Today Foundation, Dallas, TX, for the expansion of the Imagination Station literacy program to deliver reading curriculum over 

the internet using animation ............................................................ 50,000

Together! in Olympia, WA, to support after school programs for atrisk youth ............................................................................................ 50,000

Town of Cumberland, RI, to provide after school programming for 

latch key and at risk children ........................................................... 50,000

U.S. Dream Academy, Inc., Columbia, MD, to expand after school 

programs for at-risk children with a family history of incarceration .................................................................................................... 75,000

Unified School District #260, Derby, KS, to develop a central point 

for data warehousing in the district ................................................. 250,000

United Neighborhood Centers of Milwaukee, Milwaukee, WI for 

early childhood education and after school and summer programs 240,000

United Sports Foundation, Downingtown, PA, for computers and 

program support for an after school program .................................. 50,000

United Way of Metropolitan Atlanta, Atlanta, GA, for the SPARK 

initiative and Get Ready to Read! .................................................... 150,000

University of Alabama, Tuscaloosa, AL, in conjunction with the 

Zelpha Well’s Cultural Education Center, for music education 

programs for economically disadvantaged children ........................ 75,000

University of Alaska at Fairbanks for Alaska System for Early 

Education Development (SEED) program to expand early childhood services and to train Early Head Start teachers with AAS 

degrees for positions in rural Alaska ............................................... 1,500,000

828

University of Alaska Museum, Fairbanks, AK, for educational programs in support of the Summer Arts Festival ............................... 150,000

University of Alaska, Fairbanks, AK, in collaboration with the 

Alaska Department of Education, for the Alaska Center for Excellence in Schools at the University of Alaska to assist Alaska’s 

low-performing schools ...................................................................... 1,000,000

University of Arkansas, Fayetteville, Arkansas, for the National 

Office for Rural Measurement and Evaluation System to improve 

the instructional practices and learning possibilities of children 

from grades 3–8 .................................................................................. 225,000

University of Iowa Belin Blank Center for Gifted Education to continue the AP Online Academy ........................................................... 1,500,000

University of Iowa Belin-Blank Center, Iowa City, IA, for the Iowa 

Israel: Partners in Excellence program to enhance math and 

science opportunities for rural Iowa students ................................. 259,000 

University of North Florida, Institute of Education, Jacksonville, 

Florida, for School Readiness HUBS Project ................................... 500,000

University of Northern Iowa to continue the 2+2 teacher education 

demonstration program ..................................................................... 600,000 

University of Southern Mississippi, Hattiesburg, MS, for the 

Frances A. Karnes Center for Gifted Studies to support summer 

gifted and leadership programs and research ................................. 125,000

University of West Georgia, Carrollton, Georgia, for technology upgrade, personnel and equipment for the Advanced Academy of 

Georgia ................................................................................................ 200,000

Urban League of Lancaster County Inc., Lancaster, PA, for Teen 

Elect .................................................................................................... 25,000

US Dream Academy, Columbia, MD, for expanding mentoring and 

educational services for children of prisoners and children falling 

behind in school .................................................................................. 450,000

USD 373 Newton Public Schools, Newton, KS, to help incorporate 

technology professional development in the schools ....................... 250,000

Utah State Office of Education, Salt Lake City, UT, to improve 

qualifications for teachers who teach multiple subjects in rural 

areas .................................................................................................... 1,000,000

Utah State Office of Education, Salt Lake City, UT, to improve 

reading in rural schools ..................................................................... 650,000

Valley Youth House, Allentown, PA, for after-school programming 

for K–12 students ............................................................................... 50,000

Venango County AVTS, Oil City, PA, for technology equipment ...... 100,000 

Villa Maria Education Center, Villa Maria, PA, to provide afterschool programs for at-risk girls ....................................................... 50,000

Virginia Biosciences Development Center, Richmond, VA, for the 

Innovative Model for Cognitive Learning program to develop a 

pilot project improving children’s cognitive skills ........................... 150,000

Virginia Bio-Technology Research Park, Richmond, Virginia, for 

pilot program to increase students capacity and interest to learn 

by improving cognitive skills ............................................................. 250,000

Voyager Expanding Learning, Dallas, Texas, to implement a Voyager Universal Literacy System demonstration project in the 6th 

Congressional District of Texas ........................................................ 250,000

Voyager Expanded Learning, Dallas, Texas, to implement a Voyager Universal Literacy System for kindergarten and first grade 

children in the 7th Congressional District of Ohio ......................... 200,000

Voyager Expanded Learning, Dallas, Texas, to implement a Voyager Universal Literacy System in the 26th Congressional District of Texas ....................................................................................... 250,000

Voyager Expanded Learning, Dallas, TX, to implement the Voyager 

Universal Literacy System in public schools in the 18th Congressional District of Ohio ........................................................................ 100,000 

Walla Walla Public Schools in Walla Walla, WA for English as a 

second language curriculum .............................................................. 400,000

Walnut Street Theater, Philadelphia, PA, for its Educational and 

Outreach program for K–12 schools ................................................. 50,000

War for Empire, Inc., Pittsburgh, PA, to develop new programming 

focused on media and teacher/student outreach and curriculum 

development ........................................................................................ 185,000 

829

Washoe County School District, Reno, NV, to provide intensive 

English language instruction to students who are non-native 

speakers of English ............................................................................ 200,000

Wayne Art Center, Wayne, PA, to provide teacher training and 

workshops for students ...................................................................... 50,000

Weber School District, Ogden, UT, for the development of the 

Classroom Observation Robotic Interface (CORI), a professional 

development program for teachers ................................................... 500,000

West Philadelphia YMCA, Philadelphia, PA, for educational and 

recreational programming to serve at-risk youth ............................ 200,000

WestEd Eisenhower Regional Consortium for Science and Mathematics, San Francisco, California, to demonstrate and provide 

independent evaluation and review of the 24 Challenge and 

Jumping Levels Math Programs ....................................................... 150,000

WestEd Eisenhower Regional Consortium for Science and Mathematics, Tucson, AZ, to implement the 24 Challenge and Jumping 

Levels program in Pennsylvania ....................................................... 50,000 

Western Reserve Historical Society, Cleveland, OH, for education 

programs ............................................................................................. 200,000

Westmoreland Conservation District, Greensburg, PA, for education programs .................................................................................. 100,000 

Wildlands Conservancy of Eastern Pennsylvania, Emmaus, PA, for 

the expansion of hands-on environmental science learning programs ................................................................................................... 25,000

Wilderness Center, Wilmot, OH, for educational programs ............... 32,000 

William Penn School District, Lansdowne, PA, to provide professional development to K–12 teachers and to deliver educational 

curriculum to students, as well as assess progress, using computer-based software and hardware ................................................. 100,000

Wisconsin Cooperative Educational Service Agency #3, Fennimore, 

WI, for alternative education programs at Learning Academies ... 150,000

WITF Inc., Harrisburg, PA, to develop an educational curriculum 

for the on-line Teach PA History initiative ...................................... 50,000

Wolf Trap Foundation for the Performing Arts, Vienna, VA, for developing performing arts and education programs ......................... 200,000

Working in the Schools in Chicago to expand tutoring and mentoring programs in the Chicago Public Schools ............................... 225,000

WQED Multimedia Pittsburgh, Pittsburgh, PA, to develop a musicbased, animated television program and curriculum to assist students .................................................................................................... 100,000 

WQLN Educational Services, Erie, PA, to expand the 

F.A.M.I.L.I.E.S. Turn onto Literacy program .................................. 25,000

Yavapai County School District, AZ, for teacher quality improvements ................................................................................................... 500,000

Yazoo City Schools, Yazoo City, MS, for curriculum and library resource improvement ........................................................................... 25,000

Yazoo County Schools, Yazoo City, MS, for curriculum and library 

resource improvement ........................................................................ 25,000

YMCA of Anchorage, AK, for after school activities for at-risk teens 250,000

YMCA of Boulder Valley, Boulder, CO, for the Breakthrough Arts 

Program .............................................................................................. 22,500

YMCA of Easton, Easton, PA, for after-school programming for K–

12 students ......................................................................................... 50,000 

YMCA of Harrisburg, Harrisburg, PA, to provide mentoring services for minority youth ....................................................................... 50,000

YMCA of McKeesport, McKeesport, PA, to support the Teen LEAD 

program serving at-risk, inner city teens ......................................... 50,000

YMCA of Metropolitan Denver, Denver, CO, to develop a strong 

teens agenda ....................................................................................... 37,500

YMCA of Pennsylvania, Harrisburg, PA, for its Youth in Government program ..................................................................................... 50,000

YMCA of Pittsburgh, Pittsburgh, PA, to offer introductory computer classes to students as part of an after school initiative ....... 50,000

YMCA of Pueblo, Pueblo, CO, for support of a youth leadership program .................................................................................................... 15,000 

YMCA of the Pikes Peak Region, Colorado Springs, CO, to 

strengthen academic achievement and character development ..... 30,000

830

YMCA of the Rockies, Estes Park, CO, for a leadership training 

program ............................................................................................... 15,000

Youth Alive, Inc., Louisville, KY, for after school programs .............. 50,000 

Youth Development Center, Inc., Winchester, VA, for program development for at-risk and gang prevention after school programs 350,000

Yukon Flats School District, Fort Yukon, AK, for development and 

application of a vocational education program ................................ 250,000

YWCA of Anchorage, AK, for after school enrichment programs 

serving at-risk Anchorage schoolchildren and their mothers ......... 250,000

Zachary Community School Board, Zachary, LA, for technology enhancements ......................................................................................... 50,000

Other programs 

The conference agreement includes $23,000,000 for the Ready to Learn program instead of $22,000,000 as proposed by the House 

and $24,000,000 as proposed by the Senate. The conference agreement includes $5,000,000 for dropout prevention programs as proposed by the Senate. The House did not 

propose funding for this program. The conference agreement includes $1,490,000 for the Close Up program as proposed by the 

House. The Senate bill did not propose funding for this program. The conference agreement includes $23,674,000 for advanced placement fees instead of $23,347,000 as proposed by the House 

and $24,000,000 as proposed by the Senate. 

SAFE SCHOOLS AND CITIZENSHIP EDUCATION 

The conference agreement includes $862,813,000 for programs 

in safe schools and citizenship education account, instead of 

$825,068,000 as proposed by the House and $818,547,000 as proposed by the Senate. The conference agreement includes $445,483,000 for State grants instead of $468,949,000 as proposed by the House and 

$422,017,000 as proposed by the Senate. The agreement also includes $154,680,000 for national pro- grams instead of $160,180,000 as proposed by the House and 

$155,180,000 as proposed by the Senate. The conference agreement 

includes funding for the following activities:

School Safety Initiatives ....................................................................... $30,000,000 

Planning/Needs Assessment/Data for State Grants ........................... 6,000,000 

Safe Schools/Healthy Students ............................................................. 95,000,000 

Drug Testing Initiative ......................................................................... 2,000,000 

Postsecondary Ed Drug and Violence Prevention ............................... 5,000,000 

Impact Evaluation ................................................................................. 2,000,000 

Information and materials .................................................................... 1,420,000 

Data collection and analysis ................................................................. 2,000,000 

Other joint projects with Federal agencies .......................................... 1,000,000 

Other program improvement activities ................................................ 1,000,000 

National Recognition Program ............................................................. 850,000 

National Clearinghouse for Educational Facilities ............................. 300,000 

National Coordinator Initiative ............................................................ 8,110,000

The conferees also understand that a minimum of $9,000,000 

remains available under the Project SERV program to provide for 

education-related services to school districts in which the learning 

environment has been disrupted due to a violent or traumatic crisis. 

The conferees direct the Department to implement the Act consistent with their intent, as reflected in the table above, and request an implementation plan to be submitted to the House and 

831

Senate Committees on Appropriations within 30 days of enactment 

of the Department of Education Appropriations Act, 2004. To the 

extent that the Department wishes to reprogram funds in order to 

address other activities or alter the allocation of funds for activities 

listed in the chart above, the conferees expect the Department to 

follow the guidance provided in this statement of the managers. The conference agreement includes $300,000 for the continued 

operation of the National Clearinghouse for Educational Facilities, 

the Nation’s sole source for comprehensive information about 

school planning, design, financing, construction and maintenance. 

These funds will be used to address issues related to school safety 

and healthy school buildings, as described in the administration’s 

budget request. The conference agreement also includes $700,000 

for the Clearinghouse through the Fund for the Improvement of 

Education. 

The conference agreement includes bill language requiring the Department to spend $850,000 for the National Recognition 

Awards program under the guidelines described in section 120(f) of 

Public Law 105–244. 

The conference agreement includes $30,000,000 for grants to 

reduce alcohol abuse as proposed by the Senate. The House did not 

propose separate funding for this. The conference agreement includes $50,000,000 for mentoring programs as proposed by the House instead of $28,700,000 as proposed by the Senate. The conference agreement includes 

$34,000,000 for elementary and secondary school counseling as proposed by the Senate instead of $32,289,000 as proposed by the 

House. 

The conference agreement includes $70,000,000 for physical 

education programs as proposed by the Senate instead of 

$60,000,000 as proposed by the House. The funds should be used 

for the purpose identified in the No Child Left Behind Act, which 

states: ‘‘The purpose of this subpart is to award grants and contracts to initiate, expand, and improve physical education programs 

for all kindergarten through 12th grade students.’’ The conferees 

are aware that this Act also requires the Secretary to report to 

Congress describing the programs funded under this subpart, documenting the success of such programs in improving physical fitness, and making recommendations for the continuation and improvement of such programs. The conferees would like this data to 

inform the fiscal year 2005 budget process and therefore direct the 

Secretary to provide this report to Congress no later than May 3, 

2004. 

The conference agreement includes $28,812,000 for the Civic 

Education program to support both the We the People programs 

and the Cooperative Education Exchange, as proposed by the 

House and Senate bills. The conferees intend that $16,890,000 will 

be provided to the nonprofit Center for Civic Education to support 

the We the People programs. Within the total for the We the People program, the conferees intend that $2,980,000 be reserved to 

continue the comprehensive program to improve public knowledge, 

understanding, and support of American democratic institutions 

which is a cooperative project among the Center for Civic Education, the Center on Congress at Indiana University, and the 

832

Trust for Representative Democracy at the National Conference of 

State Legislatures, and that $1,490,000 be used for continuation of 

the school violence prevention demonstration program, including 

$500,000 for the Native American initiative. 

The conference agreement also includes $11,922,000 for the Cooperative Education Exchange program. Within this amount, the 

conferees intend that $4,470,750 is for the Center for Civic Education and $4,470,750 for the National Council on Economic Education, while the remaining $2,980,500 should be used to continue 

the existing grants funded under the authorizing statute for civics 

and government education, and for economic education. 

The agreement also includes $25,000,000 for State Grants for 

Incarcerated Youth as proposed by the Senate. The House did not 

provide funding for this activity. 

ENGLISH LANGUAGE ACQUISITION 

The conference agreement includes $685,258,000 for English 

Language Acquisition programs instead of $685,515,000 as proposed by the House and $669,000,000 as proposed by the Senate. 

The conference agreement includes language allowing the Secretary to transfer funding not needed to continue discretionary activities under antecedent programs to the formula program line. 

The conference agreement includes bill language which allows the 

Secretary to calculate fiscal year 2004 State allotments using Census data utilized in making fiscal year 2003 State allotments and 

the most recent data reported by States for the number of immigrant children and youth. It is the intent of the conferees that data 

from the previous year only be used for determining allocations for 

fiscal year 2004 and that data from the American Community Survey will be available for determining the fiscal year 2005 and subsequent years, allocations, as required by the No Child Left Behind 

Act. 

The No Child Left Behind Act (NCLB) calls for school districts 

to significantly accelerate English learners’ progress towards 

achieving the Act’s goals that 100 percent of all students reach proficient status or higher by 2013–2014. The conferees are concerned 

that for areas such as those in California, where the concentration 

of English language learners is high, this will be a challenge. The 

conferees are also aware that a number of regional educational offices have collaborated in an effort to ensure that the goals and requirements of the No Child Left Behind Act’s English proficiency 

provisions will be met. The conferees strongly encourage the Department to provide support for regional educational initiatives 

that accelerate the academic progress of English language learners 

and recognize that local educational agencies with heavy concentrations of English learners are particularly challenged in meeting 

these requirements, with agencies in some cases having to double 

their instructional efforts to close the academic gap. 

SPECIAL EDUCATION 

The conference agreement includes $11,307,072,000 for Special 

Education instead of $11,049,790,000 as proposed by the House 

and $12,227,464,000 as proposed by the Senate. The agreement 

833

provides $5,894,072,000 in fiscal year 2004 and $5,413,000,000 in 

fiscal year 2005 funding for this account. Included in these funds is $10,129,398,000 for Grants to States 

part B instead of $9,874,398,000 as proposed by the House and 

$11,058,533,000 as proposed by the Senate. The conferees are concerned that the participation of students with disabilities in vocational educational programs has led to confusion regarding who is 

responsible for providing services and who is responsible for paying 

for these services. The conferees want to remind States and school 

districts that they have an obligation to ensure that the services 

outlined in a child’s individualized education plan are provided in 

a timely manner, regardless of where the services are provided. The conference agreement includes $51,364,000 for State Program Improvement as proposed by the House instead of 

$44,000,000 as proposed by the Senate. The conference agreement includes $78,589,000 for research and innovation instead of $77,210,000 as proposed by both the 

House and the Senate. Within the amounts provided for Special 

Education Research and Innovation, the conference agreement includes funding for the following:

Best Buddies International, Inc. in Miami, FL, to enhance the lives 

of people with mental retardation by opportunities for one-to-one 

friendships and integrated employment ........................................... $1,000,000

Best Buddies Pennsylvania, Philadelphia, PA, for the expansion of 

mentoring programs for individuals with disabilities ..................... 25,000

Center for Development and Learning, Covington, LA, for literacy 

initiative .............................................................................................. 100,000

City of Rocklin, Rocklin, CA, for expansion of programs for learning 

disabled and physically disabled preschool children ....................... 150,000

Daeman College, Amherst, NY, for a special after school enrichment program for students with learning disabilities .................... 630,000

Eagle Mount, Billings, MT, for Ensuring Success for Youth with 

Disabilities program ........................................................................... 59,000

Florida School for Deaf and Blind, St. Augustine, FL, for the Virtual Reality Based Education and Training Program ..................... 100,000

Hill Top Preparatory School, Rosemont, PA, for the use of 

ReadSpeak Action Caption technology as a literacy tool for students with learning disabilities ........................................................ 50,000

Hoffman Homes for Youth, Gettysburg, PA, for a Therapeutic 

Horsemanship Center ........................................................................ 175,000

International Center on Deafness and the Arts, Northbrook, IL, for 

a teacher extension training program .............................................. 100,000

Learning Disabilities Association of America, Pittsburgh, PA, to expand parent and teacher training programs and to increase resources available regarding learning disabilities ............................ 25,000

Leg Up Farm, York, PA, to provide comprehensive therapy and rehabilitation for children ..................................................................... 175,000

Lehigh University, Bethlehem, PA, for research to improve the 

lives of disabled individuals at the Center for Promoting Healthy 

Development for Individuals with Disabilities ................................ 100,000

McComb School District, MS, for an Early Childhood Coalition 

Project ................................................................................................. 150,000

Ohio School for the Deaf, Columbus, OH, to install and support a 

virtual reality based education and training for the deaf program 500,000

Spokane School District, WA, for educational technology to serve 

deaf and hard of hearing students .................................................... 200,000

Spurwink Institute, Portland, ME, for the Center for Learning and 

Technology to provide assistive technology for students with 

learning disabilities ........................................................................... 250,000

The Wisconsin Council on Developmental Disabilities, Madison, 

WI, for a pilot project to help teens with disabilities plan for the 

transition out of the educational system to adult life ..................... 275,000

834

U.S. Disabled Athletes Fund, Atlanta, GA, for Blaze Sports Clubs 

in Georgia ........................................................................................... 75,000

University of Kentucky, Lexington, KY, Center for Instructional 

Technology and Learning to help special education teachers integrate technology into curriculum ...................................................... 1,000,000

University of Northern Colorado National Center on Low-Incidence 

Disabilities, Greeley, CO, for support to local schools, educational 

professionals, families of infants, children, and youth with lowincidence disabilities .......................................................................... 525,000

University of Northern Iowa, Cedar Falls, IA, for WeBCATT: The 

National Institute of Technology for Inclusive Education project 350,000

University of Southern Mississippi, Hattiesburg, MS, for the Center for Literacy and Assessment ....................................................... 650,000

Wheelchair Foundation, Danville, CA, to train teachers on how to 

integrate children with physical disabilities into the classroom .... 50,000

Winchester Parks and Recreation Department, Winchester, VA, for 

playground equipment to assist disabled children .......................... 90,000

Workplace Technology Foundation, King of Prussia, PA, to provide 

training to special education students to increase employability 

upon graduation ................................................................................. 75,000

The conference agreement includes $53,133,000 for technical 

assistance as proposed by the Senate instead of $53,481,000 as proposed by the House. The agreement also includes $39,361,000 for 

technology and media services as proposed by the Senate instead 

of $38,110,000 as proposed by the House. The agreement includes 

$11,400,000 for Recordings for the Blind and Dyslexic. 

The agreement also includes $1,500,000 for Public Telecommunications Information and Training Dissemination as proposed by the Senate. The House did not contain funds for this activity. 

REHABILITATION SERVICES AND DISABILITY RESEARCH 

The conference agreement includes $3,013,305,000 for Rehabilitation Services and Disability Research instead of 

$2,999,165,000 as proposed by the House and $3,004,360,000 as 

proposed by the Senate. 

The conferees are disturbed by the Department’s actions with 

respect to funds appropriated in last year’s bill, which were to be 

used to improve the quality of applied orthotic and prosthetic research. The conferees understand that the Department made a decision to allow these funds to lapse, instead of obligating them for 

the specific purpose for which Congress intended them to be used. 

The Department’s actions violated the clear, statutory intent of the 

Congress. The conferees note that these actions follow the Department’s decision to ignore language in the Statement of the Managers accompanying the fiscal year 2002 appropriations bill which 

provided $1,000,000 for this same purpose. The conference agreement again includes $1,000,000 to continue the orthotic and prosthetic initiative that the Congress established in fiscal year 2002. 

The conferees intend that $1,000,000 included in the conference 

agreement shall be awarded to the American Academy of 

Orthotists and Prosthetists (AAOP) for activities that further the 

purposes of the grant received by the Academy for the period beginning October 1, 2003. These funds are in addition to the original 

$993,500 grant received by the AAOP on October 1, 2003. 

The agreement also includes $23,930,000 for demonstration 

and training programs instead of $20,895,000 as proposed by both 

835

the House and the Senate. Within the amounts provided for vocational rehabilitation demonstration and training programs, the conference agreement includes funding for the following activities:

Alaska Center for Independent Living, Anchorage, AK, for a Personal Assistance Services project to bring services to more remote rural communities .................................................................... $200,000

Association of Retarded Citizens (ARC) of Madison County, AL, 

Lowe Mental Retardation Day Program Facility for equipment 

and program support ......................................................................... 100,000

Cerebral Palsy Research Foundation of Kansas, Wichita, KS, to 

continue helping people with disabilities obtain self-sufficient 

employment ........................................................................................ 350,000

City of Henderson, NV, for Inclusion Recreation Program ................ 500,000 

Crawford County Life Enrichment Achievement Progress (LEAP), 

Inc., Crawford, PA, to create a workshop open to the community 

that would demonstrate what life is like for those with disabilities ...................................................................................................... 10,000

Enable America, Inc., Tampa, FL, for civic/citizenship demonstration project for disabled adults ......................................................... 1,000,000

Lakeshore Foundation, Birmingham, AL, to develop a fitness and 

health promotion program for the disabled ..................................... 200,000

National Federation for the Blind, Baltimore, MD, for text recognition machines ..................................................................................... 150,000

National Industries for the Blind, Alexandria, VA, to develop a 

business leadership and management skills training program for 

individuals who are blind .................................................................. 250,000

National Organization on Disability, Washington, DC, for the 

emergency preparedness initiative ................................................... 1,000,000

National University, La Jolla, CA, for the Institute for Persons 

Who Are Hard of Hearing or Deaf .................................................... 625,000

Opportunity Village Association for Retarded Citizens, Las Vegas, 

NV, to create the second phase of a school-to-work program for 

students with severe disabilities ....................................................... 200,000

Southeast Alaska Independent Living (SAIL), Juneau, AK, for a 

joint recreation and employment project with the Tlingit and 

Haida Tribe of Alaska ........................................................................ 200,000

Special Olympics of Iowa for technology upgrades ............................. 100,000

Wisconsin Coalition for Independent Living Centers, Madison, WI, 

to expand assistive technology services to people with disabilities 

seeking employment ........................................................................... 150,000

The conference agreement includes $22,151,000 for Independent Living State Grants as proposed by the Senate instead of 

$22,296,000 as proposed by the House. The agreement also includes $74,000,000 for Independent Living Centers instead of 

$75,000,000 as proposed by the House and $69,545,000 as proposed 

by the Senate. The agreement also includes $32,000,000 for services for older blind individuals as proposed by the House instead 

of $27,818,000 as proposed by the Senate. 

The conference agreement includes $107,285,000 for the National Institute on Disability and Rehabilitation Research instead 

of $110,000,000 as proposed by the House and $109,285,000 as proposed by the Senate. 

The conference agreement includes $26,097,000 for assistive 

technology instead of $11,132,000 as proposed by the House and 

$26,824,000 as proposed by the Senate. The agreement also includes language allowing States which have received assistive technology extension grants in the past and are scheduled to be phased 

out of the program to continue to receive an award in fiscal year 

2004 at the fiscal year 2003 level. This language is provided to 

allow time for the authorizing committees of jurisdiction to review 

836

the program in the context of reauthorizing the Assistive Technology Act. The conferees are aware that this program was originally designed to be ‘‘seed money’’ to develop assistive technology 

activities at the State level. The authorizing statute specifies that 

the State grant portion of the program would sunset after ten 

years, giving States time to develop their own programs in this 

area. The conferees note that more than $36,000,000 was awarded 

for grants under title III of the Assistive Technology Act, which 

will support authorized activities through at least fiscal year 2004 

for all grantees. This conference agreement does not include additional funds for such activities, but the conferees intend to examine 

the performance outcomes achieved under this program and evaluate additional funding needed to continue authorized activities in 

the fiscal year 2005 budget process. The conferees support the goal 

of this program, which is to maximize the independence and participation in society by individuals with disabilities through the establishment or expansion of programs that fund alternatives to the 

traditional payment options of public assistance and self-financing 

so that individuals with disabilities can acquire assistive technology devices and services. 

SPECIAL INSTITUTIONS FOR PERSONS WITH DISABILITIES 

AMERICAN PRINTING HOUSE FOR THE BLIND

The conference agreement does not include language proposed 

by the Senate regarding acquisition of equipment. The House bill 

contained no similar language. 

NATIONAL TECHNICAL INSTITUTE FOR THE DEAF

The conference agreement includes $53,800,000 for the National Technical Institute for the Deaf as proposed by the Senate 

instead of $53,867,000 as proposed by the House. 

GALLAUDET UNIVERSITY

The conference agreement includes $100,800,000 for Gallaudet University as proposed by the Senate instead of $100,600,000 as 

proposed by the House. 

VOCATIONAL AND ADULT EDUCATION

The conference agreement includes $2,121,690,000 for Voca- tional and Adult Education instead of $2,101,430,000 as proposed 

by the House and $2,101,490,000 as proposed by the Senate. The 

agreement provides $1,330,690,000 in fiscal year 2004 and 

$791,000,000 in fiscal year 2005 funding for this account. The conference agreement includes $1,202,100,000 for Voca- tional Education basic State grants instead of $1,200,000,000 as 

proposed by the House and $1,192,200,000 as proposed by the Senate.

The conference agreement includes $7,228,000 for Tribally 

Controlled Postsecondary Vocational Institutions instead of 

$7,500,000 as proposed by the Senate and $6,955,000 as proposed 

by the House. The agreement also includes language proposed by 

the Senate notwithstanding any other provision of law or any reguVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00840 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
837

lation that the Secretary of Education shall not require the use of 

a restricted indirect cost rate for grants issued pursuant to the 

tribally controlled postsecondary vocational and technical institutions program. The House did not contain this provision. The conference agreement includes $4,968,000 for the techprep education demonstration authorized under section 207 of the 

Perkins Act as proposed by the Senate. The agreement also includes $9,438,000 to continue the occupational and employment information program as proposed by the Senate. The House did not 

include funding for these activities. The conference agreement includes $577,781,000 for adult edu- cation State grants instead of $584,300,000 as proposed by the 

House and $571,262,000 as proposed by the Senate. The agreement 

also includes $9,223,000 for adult education national leadership activities and $6,732,000 for the National Institute for Literacy as 

proposed by the Senate. The House proposed funding for these activities at $9,438,000 and $6,517,000, respectively. The conference agreement also includes $175,000,000 for the 

smaller learning communities program as proposed by the House 

instead of $160,947,000 as proposed by the Senate. As in past 

years, the conference agreement provides the funds on a forward 

funding basis and specifies that these funds shall be used only for 

activities related to the redesign of large high schools enrolling 

1,000 or more students. 

The conference agreement includes $10,000,000 for community technology centers instead of $20,000,000 as proposed by the Senate. The House did not propose funding for this activity. 

STUDENT FINANCIAL ASSISTANCE 

The conference agreement includes $14,090,430,000 for Stu- dent Financial Assistance instead of $14,247,432,000 as proposed 

by the House and $14,174,115,000 as proposed by the Senate. The agreement provides a program level of $12,077,998,000 for Pell Grants instead of $12,250,000,000 as proposed by the House 

and $12,176,683,000 as proposed by the Senate. 

The conferees continue to be concerned about issues within the 

consolidation loan program. The conferees are aware that some borrowers would like to see the current law changed to allow for consolidation with any lender or holder, regardless of how many lenders with whom the borrower has loans. The conferees are concerned 

that without change to the current law governing consolidation 

loans, some borrowers may not be permitted to consolidate their 

loans with any lender they choose. The leaders of the authorizing 

committees have expressed a desire to address this and other 

issues during the reauthorization of the Higher Education Act so 

as to address the Consolidation Loan Program as a whole. The conferees strongly urge those committees to take action quickly to ensure borrowers have the best options available to them in order to 

manage their student loan obligations. 

The conferees are aware that section 428H(d)(2) of the Higher 

Education Act permits the Secretary to increase unsubsidized loan 

limits, beyond those limits expressly contained in the Act, in cases 

where he determines that a higher amount is warranted in order 

to carry out the purpose of the Federal Family Education Loan ProVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00841 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
838

gram (FFELP) with respect to students engaged in specialized 

training requiring exceptionally high costs of education. The conferees are also aware that in exercising this discretion, the Secretary has provided increased loan limits for students in numerous 

graduate and professional medical programs but has not done so 

for the comparable program of doctor of naturopathic medicine 

(ND). The conferees direct the Secretary to examine the borrowing 

needs of graduate naturopathic medical students to determine 

whether they should be given additional borrowing opportunities 

under the FFELP. 

STUDENT AID ADMINISTRATION 

The conference agreement includes $118,010,000 for student 

aid administration instead of $120,010,000 as proposed by the 

House and $104,703,000 as proposed by the Senate. 

HIGHER EDUCATION 

The conference agreement includes $2,094,511,000 for Higher 

Education instead of $1,974,036,000 as proposed by the House and 

$1,969,982,000 as proposed by the Senate. 

Aid for Institutional Development 

The conference agreement includes $94,551,000 for Hispanic 

Serving Institutions as proposed by the Senate instead of 

$93,551,000 as proposed by the House. The conference agreement 

also includes $11,000,000 for Alaska and Native Hawaiian Institutions as proposed by the Senate instead of $8,180,000 as proposed 

by the House. 

The conference agreement includes $23,425,000 for strengthening tribal colleges and universities, instead of $22,850,000 as 

proposed by the House and $24,000,000 as proposed by the Senate. 

The conferees agree that the funds provided are to be used to support continuation of existing basic grants and new planning or implementation grant awards. The remaining funds shall be available 

for grants for renovation and construction of facilities to help address urgently needed facilities repair and expansion. 

International Education and Foreign Language Studies 

The conference agreement includes $89,740,000 for the domestic activities of the international education and foreign languages 

studies programs instead of $93,240,000 as proposed by the House 

and $86,240,000 as proposed by the Senate. 

Fund for the Improvement of Postsecondary Education 

The conference agreement includes $155,311,000 for the Fund 

for the Improvement of Postsecondary Education instead of 

$34,138,000 as proposed by the House and $32,201,000 as proposed 

by the Senate. Within the amounts provided for the Fund for the 

Improvement of Postsecondary Education, the conference agreement includes funding for the following:

AIB College of Business, Des Moines, IA, to continue a program of 

recruiting and training students in captioning and court reporting ........................................................................................................ $400,000

839

Alabama College System Microelectronics Consortium, Andalusia, 

AL, for the advanced electronics technology project, including the 

acquisition of technology and equipment ......................................... 250,000

Alaska Christian College, Soldotna, AK, for scholarships, recruitment, literacy programs and salaries to support Native student 

learning ............................................................................................... 400,000

Alaska Pacific University, Anchorage, AK, to support training of 

Alaska Natives as teachers through the Rural Alaska Native 

Adult Program .................................................................................... 300,000

Allegheny College, Meadville, PA, for civic education activities ........ 25,000

Alverno College in Milwaukee, Wisconsin for the development of a 

collaborative abilities-based Master’s program in Nursing Education ................................................................................................... 160,000

American Academy of Liberal Education, Washington, DC, to develop a national model for the study of American democracy at 

colleges and universities .................................................................... 100,000

Appalachian State University, Boone, North Carolina, for the Appalachian State College Awareness Program .................................. 75,000

Arkansas Tech University, Russellville, Arkansas, for an Emergency Administration and Management Degree Program .............. 500,000

Ashland University, Ashland, OH for lab equipment ......................... 500,000

Association of Jesuit Colleges and Universities to establish the 

Center for On-Line Bioethics Education .......................................... 250,000

Ball State University, Muncie, IN, for support of the Digital Middletown Project, including the acquisition of technology ................ 600,000

Bennett College, Greensboro, NC, for professional development activities for teachers supported through the Curriculum Instructional Materials Center ..................................................................... 1,000,000

Bevill State Community College, Sumiton, Alabama, for technology 

upgrade and equipment ..................................................................... 300,000

Brescia University, Owensboro, KY, for technology and teacher 

training ............................................................................................... 400,000

Brevard Community College, Cocoa, FL, for instructional equipment to support a Distributed Learning Center ............................. 300,000

Bryant College of Smithfield, RI, for program development, including acquisition of equipment and technology, and services related 

to the Community Communication and Education Center ............ 200,000

Buffalo State College, Buffalo, New York, for expansion of the Center for Excellence in Urban and Rural Education ........................... 100,000

Bushnell Center for the Performing Arts in Connecticut for the 

PARTNERS Program ......................................................................... 50,000

Cabrini College, Radnor, PA, for equipment and educational programming for the Center for Science, Education and Technology 200,000

California Institute of Arts, Valencia, California, for an integrated 

media program ................................................................................... 200,000

California State Polytechnic University, Pomona, CA, for a Digital 

Media Program ................................................................................... 750,000

California State University, San Marcos, California, for nursing 

programs to meet the needs of state and county in healthcare ..... 350,000

California State University, Stanislaus, Turlock, CA, for Allied 

Health Care Professional Initiative .................................................. 167,000

Campbellsville University, Campbellsville, KY, for an Associate Degree in Nursing program ................................................................... 300,000

Catawba Valley Community College, Hickory, North Carolina, for 

the Higher Education Center Project ............................................... 250,000

Centenary College, Hackettstown, New Jersey, to expand IT infrastructure ............................................................................................. 200,000

Central Florida Community College, Ocala, FL .................................. 496,000

Chamber Foundation, Greater Columbus Chamber of Commerce, 

Columbus, OH, for the College Access and Work-based Connection program ....................................................................................... 350,000

Chattanooga State Technical Community College, Chattanooga, 

TN, for Tennessee Valley Workforce Aging Management Program 

initiative .............................................................................................. 500,000

Cheyney University, Cheyney, PA, to develop educational programming for the Center for Teacher Preparation .................................. 100,000

840

City of Lancaster, Lancaster, CA, for equipment for the Lancaster 

University Center ............................................................................... 400,000

City of Moultrie, GA, for technology upgrades in support of distance learning projects undertaken by Moultrie Technical College 25,000

City University, Bellevue, Washington, for technology infrastructure ...................................................................................................... 300,000

Clark State Community College, Springfield, Ohio, to implement a 

degree program for teachers’ aides in Title I classrooms ............... 100,000

Clatsop Community College, Astoria, OR, for acquisition of computers and technology equipment ..................................................... 50,000

Cleveland Institute of Art, Cleveland, OH for technology ................. 300,000

Cleveland State University, Cleveland, OH for a transition from 

laboratory to the classroom project ................................................... 300,000

Cleveland State University, Cleveland, OH for scholarships, equipment and curriculum development in transportation safety .......... 250,000

Cleveland State University, Cleveland, OH to continue the collaboration between Cleveland State and the University of Rijeka in 

Croatia for the Unger Croatia Center for Local Government 

Leadship .............................................................................................. 100,000

Clinton School of Public Service at the University of Arkansas for 

curriculum development .................................................................... 1,000,000 

College of Charleston Science Center, Charleston, South Carolina, 

for equipment and for the Center for Teacher Leadership ............. 100,000

College of New Jersey, Ewing, NJ for forensic science program ....... 225,000

College of Southern Idaho, Twin Falls, ID, to continue implementing and enhancing distance learning programs ...................... 300,000

College of Wooster, Wooster, OH for information and instructional 

technology upgrade ............................................................................ 975,000

Columbia College, Chicago, IL for student scholarships in the College of Film and Video ....................................................................... 250,000

Columbia Gorge Community College, The Dalles, OR, for a nurse 

training program ................................................................................ 500,000

Community College of Allegheny County, Pittsburgh, PA, for equipment and educational programs to train court reporters ............... 200,000

Community College of Beaver County, Beaver Falls, PA, for educational programs, including the acquisition of technology ............ 100,000

Community College of Southern Nevada, Las Vegas, NV, for engineering and media technologies programs ....................................... 350,000

Concurrent Technologies Corporation, Largo, Florida, for Community College/Vocational Industry Cluster HUBS initiative ............. 1,000,000

Crowder College, Neosho, MO, for equipment .................................... 250,000

Cumberland College, Williamsburg, Kentucky, for technology and 

equipment ........................................................................................... 600,000

Daniel Webster College, Nashua, NH, to acquire technology and 

equipment ........................................................................................... 1,000,000

Darton College, Albany, GA, for the rural technology network ......... 200,000

Daytona Beach Community College, Daytona Beach, Florida, for instructional equipment and technology infrastructure for the Advanced Technology Center ................................................................. 100,000

Defiance College, Defiance, Ohio, for Information Technology Initiative .................................................................................................. 350,000

Delaware County Industrial Development Authority, Media, PA, 

for faculty and students of academic institutions to collaborate 

with industry on research and development as part of their engineering programs ............................................................................... 100,000

Delta State University, Cleveland, MS, for the Delta Education Initiative .................................................................................................. 1,000,000

DeSales University, Center Valley, PA, for computer wiring and 

technology upgrades related to training K–12 teachers and students .................................................................................................... 100,000

Duquesne University, Pittsburgh, PA, for program support at the 

supercomputing center, with a focus on biotechnology, 

nanotechnology and environmental sciences ................................... 100,000

East Stroudsburg University, East Stroudsburg, PA, for technological infrastructure related to the Center for Research and Economic Development ............................................................................ 200,000

841

Eckerd College, St. Petersburg, Florida, to upgrade educational 

computing and technology ................................................................. 1,000,000

Edinboro University of Pennsylvania, Edinboro, PA, to develop curriculum and education programs for the Precision Manufacturing 

Institute .............................................................................................. 100,000

Educational Resources Group, Pennsylvania State System of Higher Education, Harrisburg, PA, for online education programs ....... 100,000

Eisenhower Fellowships, Philadelphia, PA, for the Philadelphia 

International Leadership, which may include support of access to 

foreign educational and internship programs .................................. 100,000 

Embry-Riddle Aeronautical University, Prescott, AZ for archive of 

aviation materials .............................................................................. 1,000,000

Emerson College in Boston for the Tufte Performance and Production Center Initiative ......................................................................... 500,000

Emmanuel College, Boston, MA, for the procurement of educational 

and clinical research equipment ....................................................... 475,000

Empire State College, Saratoga Springs, NY for an emergency 

management degree program ............................................................ 100,000

Fayetteville Technical Community College, Fayetteville, North 

Carolina, for technology-training program for teachers .................. 250,000

Fisk University, Nashville, TN, for the Technology Infrastructure 

Initiative, which may include the acquisition of technology .......... 250,000

Fort Lewis College, Durango, CO, for curriculum materials and acquisition of computers in support of the Southwest Studies Institute ...................................................................................................... 50,000

Fort Lewis College, Durango, CO, for technology upgrades and 

equipment ........................................................................................... 50,000

Frank Phillips College, Borger, TX, for education technology ........... 250,000

Gadsden State Community College, Gadsden, AL, for curriculum 

development for the Alabama Institute for Nursing Education 

and Emergency Preparedness ........................................................... 400,000

Gadsden State Community College, Gadsden, Alabama, for technology infrastructure development for the Emergency Medical 

Services (EMS) ................................................................................... 250,000

George Meany Center for Labor Studies—the National Labor College for curriculum development ...................................................... 900,000

Georgia College and State University, Milledgeville, GA, for the 

Paul Coverdell Institute and Archives ............................................. 100,000

Glendale Community College for K–12 Science Teacher Training at 

the Cimmarusti Science Center ........................................................ 100,000

Gonzaga University, Spokane, WA, for the inland northwest natural resources research center .......................................................... 350,000

Govergence, Inc., Ponca City, OK, for curriculum development, 

computers and salary ......................................................................... 50,000

Harcum College, Bryn Mawr, PA, for laboratory and clinic equipment .................................................................................................... 500,000

Harrisburg University of Science and Technology, Harrisburg, PA, 

for laboratory equipment and technology and math and science 

curriculum development .................................................................... 100,000

Hepatitis B Foundation, Doylestown, PA, for education programs to 

prepare post-secondary students for careers in biomedical research, public health and biotechnology .......................................... 200,000

Hilbert College, Hamburg, NY, for curriculum development, equipment and training .............................................................................. 250,000

Hillsborough Community College, Plant City Campus, Florida, for 

veterinarian technician training program ........................................ 250,000

Hinds Community College, Raymond, MS, for a pilot program to 

provide English as a Second Language to adults ............................ 200,000

Hiram College, Hiram, OH, for a comprehensive environmental 

education center ................................................................................. 500,000

Hobart and Williams Smith Colleges, Geneva, New York, for equipment .................................................................................................... 250,000 

Holy Family University, Philadelphia, PA, for teacher training and 

teacher certification programs .......................................................... 50,000

Holyoke Community College, Holyoke, MA, for Business and Technology Center educational equipment and programs ...................... 350,000

842

Hood River Integrated Technology Center, Hood River, OR, for an 

integrated technology center ............................................................. 50,000 

Housatonic Community College, Bridgeport, Connecticut, for the 

urban multicultural access and success program ............................ 150,000

Houston Community College System, Houston, Texas, for the Accelerated Nursing Proficiency Center ............................................... 50,000

Husson College, Bangor, ME, for support of the Occupational Therapy Program ....................................................................................... 50,000 

Hutchinson Community College, Hutchinson, Kansas, for equipment and technology acquisition ...................................................... 250,000

Idaho State University, Pocatello, Idaho, for a Masters degree program in Dental Hygiene .................................................................... 400,000

Illinois State University, Normal, IL, to support curriculum development, mentoring and recruitment programs to bring registered 

nurses into long term care ................................................................ 300,000

Indiana University of Pennsylvania, Indiana, PA, for the Computing Services Center to train K–12 teachers and for the National Institute for Corrections Education to provide professional 

development for corrections education teachers .............................. 50,000

Indiana University-Purdue University, Ft. Wayne, Indiana, for collaboration with WFWA PBS–39 ....................................................... 150,000

Institute of Gerontology/Ruby Gerontology Center, California State 

University, Fullerton, Fullerton, CA, to upgrade the technological 

infrastructure and distance education capabilities ......................... 500,000

Iowa Central Community College, Fort Dodge, IA, for the ICN distance learning pilot program ............................................................. 250,000

Iowa Hospital Education and Research Foundation for a scholarship program ...................................................................................... 50,000

Iowa Student Aid Commission to continue a program of loan forgiveness for teachers .......................................................................... 500,000

Jackson State University, Jackson, MS, for the Project Urban Mississippi, Teachers, Technology, Research and Reading project ...... 300,000

James A. Rhodes State College, Lima, Ohio, for technology and 

equipment ........................................................................................... 250,000

Jamestown Community College, Jamestown, NY, for access for 

rural students ..................................................................................... 50,000

Johnson and Wales University, Charlotte, North Carolina, for initial development, on site start-up and staff recruitment costs for 

the establishment of a new campus in downtown Charlotte .......... 200,000

Kansas Technology Center, Pittsburg State University, Pittsburg, 

KS, for technology infrastructure improvements ............................ 500,000

Kennebec Valley Community College, Fairfield, ME, to develop a 

healthcare career training initiative designed to increase the 

number of skilled workers in the areas of Nursing and Radiology 300,000

Kent State University, Kent, OH, for GED Scholars project ............. 500,000

Kent State University, Kent, OH, for Institute for Library and Informational Literacy Education project ............................................ 750,000

Keystone College, LaPlume, PA, for instructional technology for the 

Education Curriculum Laboratory to strengthen early childhood 

education programming ..................................................................... 100,000

Kishwaukee College, Malta, IL, for computer systems ...................... 250,000

Knoxville College, Knoxville, TN, for acquisition of equipment and 

computer upgrades in support of improved student learning ........ 200,000

La Salle University, Philadelphia, PA, for program and tuition support that will advance math and science instruction for teachers 250,000

La Sierra University, Riverside, CA, for the purchase of scientific 

educational equipment ....................................................................... 133,000

Lander University, Greenwood, South Carolina, for a Montessori 

project .................................................................................................. 250,000

Langston University, Langston, OK for a Thurgood Marshall Scholarship endowment .............................................................................. 100,000

Le-Moyne Owen College, Memphis, TN, to enhance and improve a 

computer network infrastructure ...................................................... 200,000

Lewis-Clark State College, Lewiston, ID, to establish an American 

Indian Students in the Leadership of Education (AISLE) Program .................................................................................................... 450,000

843

Lincoln University, Lincoln University, PA, for campus-wide technology upgrades and wiring .............................................................. 100,000

Long Island University for literacy education in Westbury, New 

York ..................................................................................................... 500,000 

Lorain County Community College, Elyria, OH, for course development, instructional and operational technology support, technological upgrades, and distance learning capacity ............................ 500,000 

Louisiana State University Center, Baton Rouge, LA, for a Latin 

American Commercial Law Program and a Biotechnology and 

Medicine project ................................................................................. 550,000

Lourdes College, Sylvania, OH, to improve science education .......... 100,000

Luther College, Decorah, IA for lab equipment .................................. 300,000

Macon State University, Macon, GA, for educational programs in 

information technology ...................................................................... 50,000

Maricopa County Community College District, Phoenix, AZ, for the 

National Center for Teacher Preparation and Education to address the national teacher shortage and for the Hispanic Bilingual Nursing Fellow program ........................................................... 300,000

Maryland Association of Community Colleges to improve instruction in Information Technology for nursing and allied health 

training programs .............................................................................. 1,000,000

Mercer University, Macon GA for a critical personnel development 

program ............................................................................................... 200,000

Mercyhurst College, Erie, PA, for an intelligence-related academic 

program that will identify and propagate intelligence best practices and create generic intelligence education courses .................. 300,000

Mesa State College, Grand Junction, Colorado, for the Western 

Colorado Rural Teacher Initiative .................................................... 150,000 

Miami University, Oxford, Ohio, for technology upgrades and 

equipment for the McGuffey School of Education ........................... 650,000

Michigan Jewish Institute, Oak Park, MI for cooperative computing program ................................................................................... 500,000

Michigan Virtual University/Michigan Virtual High School, Lansing Michigan, continued development of the virtual Mathematics, Science and Technology Academy ........................................ 100,000 

Midstate College in Peoria, Illinois, for captioning training program 75,000

Millersville University, Millersville, PA, for curriculum development for environmental education, occupational safety and 

health education programs ................................................................ 100,000

Minnesota State University, College of Allied Health & Nursing, 

Mankato, MN, for development and implementation of a curriculum related to allied health professions .................................... 100,000

Mississippi University for Women, Columbus, MS, for the Center 

for Creative Learning ........................................................................ 980,000

Mississippi Valley State University, Itta Bena, MS, for curriculum 

development ........................................................................................ 500,000

Missouri Southern State College, Joplin, Missouri, for computers 

and equipment for distance learning courses .................................. 321,000 

Mitchell Technical Institute in Mitchell, South Dakota for technology center equipment .................................................................... 480,000

Montana State University-Billings College of Technology, Billings, 

MT, for health care degree and certificate training programs ....... 441,000

Montana State University-Billings College of Technology, Billings, 

MT, to develop and initiate a power plant operator training degree program ...................................................................................... 750,000

Montgomery County Community College, Blue Bell, PA, for equipment and technology acquisition in support of the Advanced Center for Technology .............................................................................. 75,000

Moravian College, Bethlehem, PA, for computer wiring and technology upgrades related to training K–12 teachers and students 100,000

Morehead State University, Institute for Regional Analysis and 

Public Policy, Morehead, Kentucky, for the development of a program, including student scholarships, to study the implementation and effects of homeland security policy at the state and local 

levels of government .......................................................................... 500,000

Morgan County Ohio, McConnelsville, OH, for a feasibility study 

on community college services .......................................................... 100,000

844

Mote Marine Laboratory, Sarasota, Florida, for curriculum and 

technology enhancements .................................................................. 975,000 

Mount Marty College in Yankton, South Dakota for forensic science 

lab equipment ..................................................................................... 150,000

Mount Union College, Alliance, OH for the Center for Public Service, including student scholarships ................................................... 1,000,000

Mt. Hood Community College, Gresham, OR, for a nurse training 

program ............................................................................................... 50,000

Muhlenberg College, Allentown, PA, to develop a program for advanced discovery in the exploration of the physical and life 

sciences at the secondary and post-secondary grade levels ............ 100,000

National Articulation and Transfer Network, San Francisco, CA to 

facilitate the enrollment and completion of postsecondary education by minority students ............................................................... 100,000

National Association for Equal Opportunity in Higher Education, 

Silver Spring, MD, for an initiative to increase minority access 

to higher education and to assist historically black colleges and 

universities in the acquisition and use of technology ..................... 100,000

National Center on Rural Early Childhood Learning Initiatives, 

Mississippi State University to collect current research and lead 

new research in the unique learning problems and conditions of 

rural preschoolers .............................................................................. 2,200,000

Nevada State College, Henderson, NV, for a visual media and computing laboratory ................................................................................ 200,000

Nevada State College, Henderson, NV, to establish an accelerated 

nursing baccalaureate degree program ............................................ 500,000 

New College of Florida, Sarasota, FL, for Merging Arts and 

Sciences project .................................................................................. 150,000

Nicholls State University, Thibodaux, LA, for an Advanced Technology Center ...................................................................................... 200,000 

North Florida Community College, Madison, Florida, for a Registered Nursing Program ................................................................... 250,000

Northern Essex Community College, Lawrence, MA, for technology 

training center equipment and technology infrastructure .............. 200,000

Northern Illinois University in DeKalb, IL, for acquisition of equipment and program support of the Vibration and Acoustics Center 100,000

Northern Illinois University, DeKalb, Illinois, for equipment, personnel and salaries ............................................................................ 500,000

Northwest Shoals Community College, Phil Campbell, Alabama, for 

technology upgrades ........................................................................... 50,000

Northwestern College, Orange City, IA, for equipment ..................... 50,000 

Northwestern State University, Natchitoches, Louisiana, for technology upgrade and replacement ...................................................... 250,000

Norwalk Community College, Norwalk, CT for Nursing Center of 

Excellence ........................................................................................... 150,000

Oakland Community College, Auburn Hills, MI for emergency first 

responder training .............................................................................. 150,000

Oklahoma Regents of Higher Education, Oklahoma City, OK, to 

support Ponca City’s internet Hub project ....................................... 50,000 

Oregon Health Sciences University, Portland, OR, for the Nanobio 

Technology Program .......................................................................... 300,000 

Oregon Institute of Technology, Klamath Falls, OR, for the Center 

for Health Professions ....................................................................... 50,000

Ozarks Technical Community College, Springfield, MO, for equipment .................................................................................................... 250,000 

Palmer Chiropractic College in Florida ............................................... 400,000

Pennsylvania State University, University Park, PA, for the Penn 

State Washington Internship Program ............................................ 25,000

Pennsylvania State University, University Park, PA, for the Pennsylvania Rural Leadership Program ................................................. 125,000

Perseverance Theatre, Douglas, AK to provide an educational program for Juneau School District students and the University of 

Alaska—Southeast in the theater arts ............................................. 50,000

Philadelphia College of Osteopathic Medicine (PCOM), Philadelphia, PA for a Comprehensive Clinical Teaching and Assessment 

Center .................................................................................................. 100,000

845

Philadelphia University, Philadelphia, PA, to acquire and update 

campus wide technology and wiring ................................................. 600,000

Pierce College, Philadelphia, PA, technology upgrades and course 

development for the Pierce Online Four-Year Distance Learning 

initiative .............................................................................................. 200,000

Pittsburgh Digital Greenhouse, Pittsburgh, PA, to facilitate work 

between research universities ........................................................... 250,000

Pittsburgh Life Sciences Greenhouse, Pittsburgh, PA, to better link 

research to technology ....................................................................... 100,000

Point Park College, Pittsburgh, PA, for support of a biotechnology 

internship program and for equipment associated with science 

laboratories ......................................................................................... 100,000

Project Women, Louisville, KY, to support postsecondary educational opportunities for single mothers in poverty, through financial, educational, social, and other support programs .............. 400,000 

Regional Learning Alliance, Marshall Township, PA, to acquire instructional technology and to develop programming as part of a 

life-long education services initiative for Pittsburgh regional industry and community residents ...................................................... 200,000

Rhodes College, Memphis, TN, for the Rhodes College Learning 

Corridor project to expand an educational outreach and partnership program between the University and the Shelby County 

public school system ........................................................................... 500,000 

Rhodes State College, Lima, OH, for wiring, computer hardware 

and other infrastructure needs related to an information technology initiative .................................................................................. 250,000

Robotics Foundry, Pittsburgh, Pennsylvania, for curriculum development ................................................................................................ 150,000 

Saint Leo University, Saint Leo, FL, for Corporate to Classroom 

Transition ........................................................................................... 300,000 

Saint Leo University, Saint Leo, Florida, for distance learning and 

video conferencing education ............................................................. 500,000 

Salt Lake Community College, Salt Lake City, UT, to continue to 

develop the technology infrastructure for Smart Classrooms ........ 200,000

Santa Clarita Community College District, California, for equipment .................................................................................................... 400,000

Savannah State University, Savannah, GA for environmental 

sciences and mass communications programs ................................. 200,000

Savannah State University, Savannah, Georgia, to improve the attainment of degrees ............................................................................ 50,000

Schoolcraft College, Livonia, Michigan, for student support systems, equipment, faculty development and curriculum .................. 350,000

Seminole State College, Seminole, OK, for equipment acquisition in 

support of a technology center .......................................................... 300,000

Seminole State College, Seminole, Oklahoma, for the Fast Track 

program at the School of Nursing for student support, scholarships and other services and assistance ........................................... 50,000

Seton Hill University, Greensburg, PA, for a series of training 

workshops to develop and implement Seton Hill’s National Education Center for Women in Business .............................................. 150,000

Sheldon-Jackson College, Sitka, AK, for teacher training and training of human services professionals ................................................. 500,000

Shenandoah University, Winchester, VA, to expand and enhance 

the programming of the John O. Marsh Institute for Government 

and Public Policy ................................................................................ 250,000

Shepherd Community and Technical College, Martinsburg, West 

Virginia, for equipment for the Shepherd CTC paramedic program .................................................................................................... 100,000

Shippensburg University, Shippensburg, PA, for educational programs at the Center for Land Use, which may include technical, 

educational and research assistance to municipal officials in surrounding areas .................................................................................... 100,000

Southeast Missouri State University River Campus, Cape 

Girardeau, MO, for technology equipment ....................................... 1,500,000

Southeast Missouri State University, Cape Girardeau, MO, for its 

Bachelor of Science in Nursing program for registered nurses in 

the Bootheel Region of Missouri ....................................................... 250,000

846

Southeast Missouri State University, Cape Girardeau, MO, for the 

Polycom Program, which utilizes technology to prepare rural 

Missouri students for teaching careers ............................................ 98,000

SouthEastern Pennsylvania Consortium for Higher Education, PA, 

for the Institute for Mathematics and Science to provide professional development to K–12 teachers ............................................... 750,000

Southern Methodist University, Dallas, TX, for the Institute for 

Engineering Education ...................................................................... 550,000 

Southern New Hampshire University, Manchester, NH, to support 

distance education and technological enhancements in classrooms 500,000 

Southern Oregon University AuCoin Institute for Ecological, Economic, and Civic Studies will serve as an educational training resource for federal employees and students to prepare them to intermediate effectively between private property owners and policy makers ........................................................................................... 75,000

Southwest Texas State University, San Marcos, Texas, for the 

Round Rock Higher Education Center ............................................. 500,000

Spellman College, Atlanta, GA, for the Teacher as Leader Educational Initiative ............................................................................... 50,000

St. Petersburg College, St. Petersburg, Florida, for Project Eagle I 1,500,000

St. Petersburg College, St. Petersburg, Florida, to establish the 

Center for Teaching Transformation ................................................ 500,000

Stark State College of Technology, Canton, OH for health technology programs and equipment upgrade ........................................ 235,000

Stark State College of Technology, Canton, OH, for equipment ....... 500,000

State University of New York (SUNY) at Geneseo, Geneseo, NY, to 

establish the Geneseo Cluster Computing Facility ......................... 150,000

State University of New York, College at Oneonta, New York, for 

a literacy teaching center .................................................................. 160,000

State University of NY at Albany to train students for their work 

on New Energy New York Consortium’s Capital Region project ... 50,000

Stephen F. Austin University, Nacogdoches, TX, in collaboration 

with the City of Nacogdoches to support a Center for Biotechnology ........................................................................................... 100,000

Stonehill College, Easton, MA, for Center for Non-Profit Management educational programs and equipment .................................... 275,000

Strom Thurmond Institute, Clemson University, Clemson, SC, for 

the Campbell Leadership Project ...................................................... 100,000

Syracuse University in New York to establish the Daniel Patrick 

Moynihan Global Affairs Institute, including support for an endowment .............................................................................................. 5,000,000

Talladega College, Talladega, AL, for systems technology, curriculum and distance learning development .................................... 100,000

Temple University, Philadelphia, PA, to develop and disseminate 

best practices for teacher recruitment and retention programs ..... 200,000

Texas Southern University, Houston, TX, for the minority engineering program within the College of Science and Technology .... 300,000

Texas State University System, Austin, TX, for a teacher certification initiative .................................................................................. 250,000

Texas State University, San Marcos, TX, to support a higher education center ....................................................................................... 200,000

Texas Tech University, Hill Country Campus, to expand and continue the Expanding Opportunities in Math and Science Education Initiative .................................................................................. 250,000

Texas Tech University, Lubbock, TX, for the Geriatric Education 

and Training Academy ...................................................................... 200,000

Thiel College, Greenville, PA, for campus-wide technology infrastructure upgrades ............................................................................. 200,000

Thomas Edison State College, Trenton, NJ for distance learning 

technology infrastructure .................................................................. 40,000

Trident Technical College, Charleston, South Carolina, to equip the 

hospitality, tourism and culinary arts program .............................. 1,000,000

Trocaire College, Buffalo, NY for the nursing program ..................... 50,000

Troy State University, Montgomery, AL, for the Virtual University 

of the Armed Forces and Others ....................................................... 500,000

Truckee Meadows Community College, Reno, NV, for a pilot program to respond to the shortage of nurses ...................................... 750,000

847

Tuskegee University, Tuskegee, AL, for the development of an 

Aviation Science and Aero-Technology Program ............................. 50,000

Union County College, Cranford, New Jersey, for Technology for 

Tomorrow initiative ........................................................................... 100,000 

United Negro College Fund Special Programs Foundation, Fairfax, 

VA, for a capacity building project benefiting historically black 

colleges and universities, including instrumentation acquisition 

and professional development for faculty ......................................... 100,000

University Center, Greenville, South Carolina, for equipment ......... 200,000 

University of Akron, Akron, OH for the ‘‘Exercise in Hard Choices’’ 500,000 

University of Alabama, Tuscaloosa, AL, for applied research at the 

Tuscaloosa Culverhouse Center for Information Technology ......... 250,000

University of Alabama, Tuscaloosa, AL, for the Tuscaloosa Science 

Education Technology Initiative ....................................................... 400,000

University of Alaska Anchorage, Anchorage, AK, to develop the 

Leadership Institute and associated programs ................................ 100,000

University of Alaska, Fairbanks, AK, in conjunction with the Alaska Department of Education and the State of Alaska, for the 

Alaska Digital Archives and Digital Library and to digitize their 

information resources ........................................................................ 250,000

University of Alaska, Fairbanks, AK, to develop and deliver distance learning courses in areas of high demand health care careers .................................................................................................... 250,000

University of Arizona Health Science Center, Tucson, AZ, for the 

combined family practice residency/integrative medicine fellowship training program ........................................................................ 200,000

University of Arkansas for Medical Sciences to develop the Mid 

America Genetics Distance Education Consortium ......................... 1,300,000

University of Arkansas, School of Social Work, Fayetteville, Arkansas, for the School of Social Work Research Center ........................ 225,000

University of Central Florida, Orlando, FL for the Lou Frey Institute of Politics .................................................................................... 250,000 

University of Cincinnati, Cincinnati, OH for Ohio Partnership for 

Accountability—The Impact of Teacher Education ......................... 300,000

University of Colorado, Boulder, CO, for the Institute for Micro/

Nano Technology for Engineering and Life Sciences for equipment and technical administrative support ..................................... 600,000

University of Delaware, Newark, Delaware, for Child Care, Training and Applied Research Center ..................................................... 500,000

University of Dubuque in Dubuque, Iowa for the establishment of 

a nursing education program ............................................................ 500,000

University of Florida, Gainesville, Florida, for equipment for the 

Norman Hall project .......................................................................... 100,000

University of Hawaii at Hilo for the Applied Rural Science Program .................................................................................................... 50,000 

University of Idaho, Boise Campus, for the Advanced Computing 

and Modeling Laboratory to support expansion and further development of educational technology programs ............................... 800,000

University of Illinois at Springfield, Springfield, IL for teacher 

training in mathematics .................................................................... 250,000

University of Louisiana at Monroe to expand its early childhood 

programs for children in the Twin Cities ......................................... 375,000

University of Louisville, Louisville, KY, Metropolitan Workforce 

Education Research Center for further development of a successful education and business partnership model ................................ 285,000

University of Memphis, Memphis, TN, for the Benjamin L. Hooks 

Institute for Social Change, including support for an endowment 500,000

University of Mississippi, University, MS, for a forensic chemistry 

program and equipment .................................................................... 580,000

University of Montana-Helena, College of Technology for equipment acquisition and program development .................................... 100,000

University of Montana-Missoula, School of Law for upgrades to the 

technology infrastructure and equipment acquisition .................... 1,000,000

University of Montevallo Ebenezer Swamp Wetland Interpretive 

Research Center, Montevallo, AL for monitoring and laboratory 

equipment ........................................................................................... 400,000

848

University of Nevada-Reno, to establish a Latino Institute for Advocacy in Education, Research and Policy ....................................... 300,000

University of Nevada, Las Vegas for the Nevada Test Site Oral 

History Project .................................................................................... 250,000

University of Nevada-Las Vegas, College of Health Sciences, Las 

Vegas, NV, for equipment and curriculum development associated with the development of a Center for Excellence in Women’s 

Health ................................................................................................. 300,000

University of New Orleans, New Orleans, Louisiana, for student 

scholarships related to the Maritime Safety Program .................... 250,000

University of North Texas and Paul Quinn College, Denton, TX, for 

a Science and Math (SAM) Teacher Academy ................................. 250,000

University of North Texas, Denton, TX, for the Laboratory Experience and Development of Early Researchers ................................... 300,000

University of Oklahoma Health Sciences Center, Oklahoma City, 

Oklahoma, for a Bioinformatics program ......................................... 200,000

University of Oregon, Eugene, OR, for the School of Music .............. 50,000

University of Redlands, Redlands, CA for technology enhancement 250,000

University of Scranton, Scranton, PA, for an education program, 

utilizing technology, that also demonstrates a web-based model 

for dissemination of information to faith- and community-based 

organizations ...................................................................................... 100,000

University of South Carolina, Columbia, SC, for equipment and 

technology for the Multidisciplinary Science Center ....................... 1,200,000

University of South Carolina, Columbia, SC, for the Strom Thurmond Fitness and Wellness Center .................................................. 5,000,000

University of South Florida, Tampa, Florida, for a ‘‘Globalization 

Research Network’’ ............................................................................. 750,000

University of Southern Maine, Portland, ME, to acquire and upgrade laboratory equipment .............................................................. 650,000

University of Southern Mississippi, National Center for Excellence 

in Economic Development and Entrepreneurship for purposes including equipment, technology infrastructure, and telecommunications systems in support of the center’s programs ...................... 4,000,000

University of St. Thomas Interprofessional Clinic for Counseling 

and Legal Services, St. Paul, MN ..................................................... 75,000 

University of Texas at Austin, Texas Engineering and Technical 

Consortium, Austin, TX, for technical research and degree programs ................................................................................................... 3,000,000

University of Texas at Brownsville for the Student Leadership Retention Program ................................................................................. 100,000 

University of the Pacific/McGeorge School of Law, Sacramento, 

California, for the Feather River Facility ........................................ 250,000

University of Tulsa, Tulsa, OK, for the New Nursing Faculty Initiative .................................................................................................. 50,000

University of Virginia’s Center for Governmental Studies, Charlottesville, VA, for the Youth Leadership Initiative ........................ 1,300,000 

University of West Alabama, Livingston, AL, for acquisition of 

technology and equipment in support of a comprehensive upgrade of the technological environment for all students, faculty, 

and professional staff ......................................................................... 300,000

University of Wisconsin—Milwaukee School of Nursing, Milwaukee, WI for clinical nursing faculty ........................................... 220,000

University of Wyoming, Laramie, Wyoming, for Student Information System (SIS) Replacement project for technological infrastructure improvements .................................................................... 200,000

Urban College of Boston in Massachusetts to support higher education programs serving low-income and minority students .......... 900,000

Utah Valley State College, Orem, UT, to expand support services 

for single parent students ................................................................. 200,000

Utah Valley State College, Orem, UT, to support the Center for the 

Advancement of Leadership .............................................................. 150,000

Utah Valley State College, Orem, Utah, for Turning Point program 200,000

Valencia Community College, Orlando, FL for nurse education ....... 375,000

Vanguard University of Southern California, Costa Mesa, CA, for 

computers, equipment, and staffing ................................................. 250,000

849

Virginia Tech University, Blacksburg, Va, for Virginia Tech Learning Technologies to prepare at-risk high school students to pursue advanced education related to science, technology, engineering, or mathematics ........................................................................... 400,000

Wahpeton State School of Science and North Dakota State University to recruit, retain and train pharmacy technicians ................... 800,000

Wallace Community College, Dothan, Alabama, for the 21st Century Electronic Classroom project ..................................................... 500,000

Wenatchee Valley College Foundation in Washington State to support their nursing education program .............................................. 250,000

Wesleyan College, Macon, GA, for the Willet Memorial Library and 

Learning Center Initiative ................................................................ 50,000

West Chester University, West Chester, PA, for technology infrastructure upgrades ............................................................................. 150,000

Western Governors University in Salt Lake City, Utah for workforce development in South Dakota via distance education ........... 200,000

Western Iowa Tech Community College, Sioux City, IA for equipment .................................................................................................... 200,000

Western Kentucky University, Bowling Green, KY, Center for Engineering and Biological Sciences for equipment ............................ 1,165,000

Western Kentucky University, Bowling Green, KY, for the nursing 

faculty accelerated development program ........................................ 400,000

Western Nevada Community College, Carson City, NV, for the 

Jack C. Davis Observatory to acquire technology and offer related educational programming ........................................................ 50,000

Western New England College, Springfield, MA, for virtual classroom educational equipment and program development ................ 200,000

Westminster College, Fulton, MO, for staff and curriculum development for the Center for Leadership and Service ............................. 750,000

Wheeling Jesuit University in West Virginia for the Math and 

Science Education Initiative .............................................................. 3,600,000

Widener University, Chester, PA, for operations and technology improvements for the Institute for Graduate Clinical Psychology ..... 1,974,000

Wilson College, Chambersburg, PA, for development of a public policy institute to address the needs of single mothers ....................... 100,000

Wisconsin Association of Independent Colleges and Universities, 

Madison, WI, for the WAICU Collaboration Project ....................... 800,000

Wittenberg University, Springfield, Ohio, for the Springfield Alliance for Minority Teacher Recruitment and Preparation Program 200,000

Wright State University, Dayton, OH, for the Information Technology Research Institute .................................................................. 250,000

Wright State University, Dayton, OH, to provide funding for a 

Nursing Institute of West Central Ohio ........................................... 200,000

York College of Pennsylvania, York, PA for technology upgrades for 

the Schmidt Library ........................................................................... 100,000

Other Programs 

The conference agreement includes $837,500,000 for TRIO instead of $835,000,000 as proposed by the House and $840,000,000 

as proposed by the Senate. 

With regard to the GEAR UP program, the conferees concur in 

the administration’s request to provide a sixth and final year 

award to grantees first funded in 1999, while continuing all other 

funded projects. The conferees also have provided funds above the 

fiscal year 2003 level and the budget request for the Department 

to fund a new grant competition under the GEAR UP program. The 

conferees believe that grants should not be ‘‘front-loaded’’, but instead should be awarded on an annual basis from the fiscal year 

2004 and subsequent appropriations during the period of the grant, 

contingent upon grantee performance. The conferees note that 

grants were awarded using this approach during the first several 

years of the program. The conferees expect the Department to conVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00853 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
850

sult with them prior to the announcement of any new grant competition. 

The agreement also includes $41,000,000 for Byrd Honors 

Scholarships as proposed by the Senate instead of $40,734,000 as 

proposed by the House. 

The conference agreement also includes $89,415,000 for Teacher Quality Enhancement Grants as proposed by the Senate instead 

of $90,000,000 as proposed by the House. The conference agreement includes $16,194,000 for the child care access program as proposed by the Senate instead of $15,000,000 as proposed by the 

House. 

The conference agreement does not include funding for 

Thurgood Marshall Scholarships as proposed by the Senate instead 

of $4,968,000 as proposed by the House. The agreement also includes $994,000 for Olympic Scholarships as proposed by the 

House. The Senate bill did not provide funding for this program. 

HOWARD UNIVERSITY

The conference agreement includes $240,180,000 for Howard 

University instead of $242,770,000 as proposed by the House and 

$238,440,000 as proposed by the Senate. 

INSTITUTE OF EDUCATION SCIENCES

The conference agreement includes $478,717,000 for Education 

Research, Statistics and Improvement instead of $500,599,000 as 

proposed by the House and $532,956,000 as proposed by the Senate. 

The conferees provide $166,500,000 for research instead of 

$185,000,000 as proposed by the House and $144,090,000 as proposed by the Senate. The conferees have provided at least 

$24,362,000 for the National Research and Development Centers 

program in recognition of the need for the Department of Education to implement the Education Sciences Reform Act of 2002. 

The funding is sufficient to provide continued funding for current 

centers’ awards as requested by the administration and an additional $5,000,000 to begin awarding new research and development 

centers in fiscal year 2004 in accordance with the requirements of 

section 133(c) of Public Law 107–279. The conferees expect the Department to implement the law by addressing the topics required 

in the statute, with particular attention to rural education. 

The conferees strongly support the premise that developing, 

identifying and implementing scientifically based research is critical to the success of the No Child Left Behind Act and to the increased effectiveness generally of education programs and interventions. In particular, the conferees believe that a greater focus must 

be placed on the use of randomized controlled trials, longitudinal 

studies, and other research that meets the standards set by the 

National Research Council. The development of an enhanced research infrastructure will help build a base of research-proven 

interventions that can be used by educational institutions to help 

improve the educational outcomes of our Nation’s student population. The conferees note that there is a lack of scientifically based 

education research, such as randomized research trials. 

851

The conferees direct the Assistant Secretary for the Institute 

of Education Sciences to contract with the National Research Council (NRC) of the National Academies of Science to undertake a 

study of teacher preparation programs in the United States. The 

conferees expect this study to synthesize data and research on the 

academic preparation and educational characteristics of candidates 

in pre-service, graduate, and alternative certification programs; the 

specific content and experiences that are provided to candidates for 

degrees and alternative certification in education; the consistency 

of the required course work and experiences in reading and mathematics across teacher preparation programs; and the degree to 

which the content and experiences are based on converging scientific evidence. If the NRC determines that there is insufficient 

information and research from which to generate a useful synthesis, it may engage in data collection, either by directly contracting with one or more organizations to design and implement 

surveys and other data collection activities, or by working collaboratively through the National Center for Education Statistics of the 

Institute of Education Sciences of the U.S. Department of Education, and/or the National Institute of Child Health and Human 

Development of the U.S. Department of Health and Human Services to enable data collections to support the work of the NRC. 

The NRC also should develop a model for collecting information on the content knowledge, pedagogical competence and effectiveness of graduates from teacher education programs and teachers trained in alternative certification programs, and review the 

needs of schools for high quality teachers, as called for in the No 

Child Left Behind Act. The conferees expect this work to be conducted for K–12 teachers with a focus on reading, mathematics, 

and science instruction. 

The conferees strongly urge the Department to launch a competition for new comprehensive centers, in accordance with title II, 

sections 203 and 205, of the Education Sciences Reform Act of 

2002, as soon as possible. The competition cannot be held until the 

10 regional advisory committees described in section 206 conduct 

needs assessments. Therefore, the conferees urge the Department 

to ensure that the committees complete their work by September 

1, 2004. 

The conference agreement does not include funding for statewide data systems as proposed by the House. The Senate bill included $80,000,000 for this activity.

The conference agreement also includes $92,208,000 for statistics instead of $95,000,000 as proposed by the House and 

$89,415,000 as proposed by the Senate. 

The agreement includes $90,235,000 for National Assessment 

activities as proposed by the Senate instead of $90,825,000 as proposed by the House. The agreement also includes $5,090,000 for 

the National Assessment Governing Board as proposed by the 

House instead of $4,532,000 as proposed by the Senate. 

DEPARTMENTAL MANAGEMENT

The conference agreement includes $425,000,000 for Departmental program administration instead of $434,494,000 as proposed by the House and $349,730,000 as proposed by the Senate. 

852

The agreement also includes $89,275,000 for the Office for Civil 

Rights, instead of $91,275,000 as proposed by the House and 

$77,884,000 as proposed by the Senate. The agreement also includes $47,137,000 for the Office of the Inspector General instead 

of $48,137,000 as proposed by the House and $37,661,000 as proposed by the Senate. 

The conferees strongly support the Buy American Act, which 

was enacted in 1933 to ensure that the Federal government supports domestic companies and domestic workers by buying American-made goods. The Act includes a number of waiver provisions 

that allow Federal agencies to buy foreign goods in some circumstances, but there is little disclosure or accountability in the 

waiver process. The conferees, therefore, direct the Secretary to 

issue a report not later than 60 days after the last day of fiscal 

year 2004 on the amount of acquisitions made by the Department 

during such fiscal year of articles, materials, or supplies that were 

manufactured outside the United States. Such report shall separately indicate the dollar value of any articles, materials, or supplies purchased by the department that were manufactured outside 

the United States, an itemized list of all waivers under the Buy 

American Act (41 U.S.C. 10a et seq.) that were granted with respect to such articles, materials, or supplies, and a summary of 

total procurement funds spent on goods manufactured in the 

United States versus funds spent on goods manufactured outside of 

the United States. 

The conferees are concerned that Federal tax dollars not be 

spent to compete with private-sector businesses. The conferees expect the Department to be prepared to answer questions regarding 

this issue during the fiscal year 2005 budget hearings. 

GENERAL PROVISIONS 

ADVANCE ADJUSTMENT

The conference agreement does not include language proposed 

by the Senate adjusting the amount of education funding advanced 

in the fiscal year 2003 appropriations bill. The House bill included 

similar language as a title V general provision. 

FEDERAL NEED ANALYSIS

The conference agreement modifies language proposed by the 

Senate prohibiting the Department of Education from implementing annual updates to the tax tables used in Federal Need 

Analysis Methodology. The House bill contained no similar provision. 

IDEA 

The conference agreement does not include a provision proposed by the Senate regarding funding for IDEA, offset by an extension in customs user fees. The House bill contained no similar 

provision. Funding for this program is provided elsewhere in title 

III of this bill. 

853

ECONOMIC EDUCATION

The conference agreement does not include a provision proposed by the Senate relating to funding for economic education programs. The House bill contained no similar provision. Funding for 

this program is provided elsewhere in title III of this bill. 

UNDERGROUND RAILROAD

The conference agreement does not include a provision proposed by the Senate relating to funding for the Underground Railroad program. The House bill contained no similar provision. Funding for this program is provided elsewhere in title III of this bill. 

STATEWIDE DATA SYSTEMS

The conference agreement does not include a provision proposed by the Senate relating to funding for section 208 of the Education Science Reform Act of 2002 (statewide data collection systems), offset by a reduction to management and administration accounts at the Department of Education. The House bill contained 

no similar provision. 

DROPOUT PREVENTION

The conference agreement does not include a provision proposed by the Senate regarding funding for dropout prevention programs. The House bill contained no similar provision. Funding for 

this program is provided elsewhere in title III of this bill. 

DANIEL PATRICK MOYNIHAN INSTITUTE

The conference agreement does not include a provision proposed by the Senate authorizing an endowment for the Daniel Patrick Moynihan Global Affairs Institute. The House bill contained no 

similar provision. 

MIGRANT EDUCATION

The conference agreement does not include a provision proposed by the Senate relating to funding for migrant education programs. The House bill contained no similar provision. Funding for 

these programs is included elsewhere in title III of this bill. 

STUDY OF NEED ANALYSIS FORMULA

The conference agreement includes a provision directing the 

Advisory Committee on Student Financial Assistance to conduct a 

thorough study of the feasibility of simplifying the need analysis 

methodology for all Federal student financial assistance programs 

and the process of applying for such assistance. The provision includes a postponement of any tax table updates pending this report. Neither the House nor the Senate bills contained this provision. 

854

IMPACT AID

The conference agreement includes a provision relating to the 

timely filing of an Impact Aid application from a school district. 

Neither the House nor the Senate bills contained this provision. 

TITLE IV—RELATED AGENCIES 

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

DOMESTIC VOLUNTEER SERVICE PROGRAMS, OPERATING EXPENSES

The conference agreement includes $356,443,000 for the Do- mestic Volunteer Service programs instead of $352,836,000 as proposed by the House and $355,187,000 as proposed by the Senate. 

Volunteers in Service to America (VISTA) 

The conference agreement includes $94,287,000 for VISTA as proposed by the Senate instead of $93,674,000 as proposed by the 

House. 

Volunteers in Homeland Security 

The conference agreement includes $9,935,000 for Volunteers 

in Homeland Security as proposed by the Senate instead of 

$5,000,000 as proposed by the House. 

National Senior Volunteer Corps 

The conference agreement includes $46,260,000 for the Senior 

Companion Program (SCP) as proposed by the House instead of 

$46,563,000 as proposed by the Senate. The agreement also includes $58,501,000 for the Retired Senior Volunteer Program 

(RSVP) as proposed by the House instead of $58,884,000 as proposed by the Senate. 

Funds appropriated for fiscal year 2004 may not be used to implement or support service collaboration agreements or any other 

changes in the administration and/or governance of national service programs prior to passage of a bill by the authorizing committees of jurisdiction specifying such changes. The conference agreement does not include funding for senior demonstration activities. 

Both the House and the Senate funded this program at $397,000. 

Program Administration 

The conference agreement includes $36,685,000 for program administration instead of $38,229,000 as proposed by the House 

and $34,346,000 as proposed by the Senate. The conferees have included funds to provide training and technical assistance to local 

projects in performance measurement as envisioned by the Government Performance and Results Act. The conferees are aware of concerns relating to performance measurements, and therefore direct 

the Corporation to continue to gather feedback for the Senior Corps 

national associations in order to develop the most appropriate and 

useful criteria. 

The conferees are aware of the Corporation’s recent decision to 

make the director of the Iowa State office responsible for administration of the Nebraska State office as well. Over the past two 

years, the Senate Committee on Appropriations has clearly indiVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00858 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
855

cated its concern over such proposed consolidations, but the Committee was nonetheless informed that the consolidation was necessary due to budgetary constraints. The conferees are aware that 

employee bonuses in the Corporation’s headquarters have more 

than doubled during the year this consolidation took place. In fact, 

the increase in bonuses was almost triple the amount needed to 

prevent this consolidation. The conferees are concerned that grantees and constituents in Iowa and Nebraska may receive a lowered 

level of service because of the distance and time involved in managing two State offices. For this reason, the conferees have included sufficient funding to maintain a separate State director in 

the Nebraska State office. 

CORPORATION FOR PUBLIC BROADCASTING

The conference agreement provides $400,000,000 in funding for 

fiscal year 2006, as proposed by the Senate instead of $330,000,000 

as proposed by the House. 

The conferees strongly urge the CPB to allocate a minimum of 

$100,000 in a Community Service Base Grant to each of the 14 

public radio stations around the Nation that provide the sole source 

of radio news and information in their communities. The additional 

funds would permit these stations to extend their broadcast hours 

and improve service to their listeners. Recipients of these grants 

should not be denied eligibility for any other CPB grant programs. 

The conference agreement also includes $50,000,000 for digital 

conversion instead of $55,000,000 as proposed by the Senate. The 

House had proposed providing authority for CPB to utilize previously appropriated funds for this purpose. 

The conference agreement also includes $10,000,000 as the 

first installment of a three-year project to replace the satellite 

interconnection system. This amount is the same as the Senate. 

The House had proposed providing authority for CPB to utilize previously appropriated funds for this purpose.

INSTITUTE OF MUSEUM AND LIBRARY SERVICES

The conference agreement provides $262,596,000 for the Institute of Museum and Library Services instead of $238,126,000 as 

proposed by the House and $243,889,000 as proposed by the Senate. 

Within the total for the Institute, the conference agreement includes funding for the following activities in the following amounts.

Program [dollars in thousands] 

Museums for America/Assessment ....................................................... $16,889 

Conservation Project Support/Assessment .......................................... 3,619 

National Leadership Grants for Museums .......................................... 6,932 

State Grants ........................................................................................... 161,788 

Native American Library Services ....................................................... (3,225) 

National Leadership Grants for Libraries ........................................... 11,330 

21st Century Librarian Initiative ......................................................... 20,000 

Administration ....................................................................................... 10,450

The conference agreement also specifies funding for the following:

Alabama School of Math and Science at the University of Alabama 

for technology upgrades and library resources ................................ $125,000

856

Alaska Moving Image Preservation Association, Anchorage, AK to 

digitize files/photos/videos of Alaskan history ................................. 50,000

Alex Haley House Museum, Henning, TN for care and preservation 

of collection ......................................................................................... 25,000

Allen County Historical Society, Lima, OH, for the ‘‘Move Our Past 

Forward’’ project to expand and develop exhibits for their Children’s Discovery Museum Center ..................................................... 500,000

Allentown Art Museum, Allentown, PA, for educational programming for school districts .................................................................... 75,000

Alutiiq Museum, Kodiak, AK to support programs to teach students and adults how to develop traditional Native arts ............... 100,000

American Village Citizenship Trust, Montevallo, AL for a national 

initiative for teaching American history and civics ......................... 200,000

Arab Community Center for Economic and Social Services 

(ACCESS), Dearborn, MI, for exhibits and museum programs ..... 100,000

Ashland Community Arts Center, Ashland, OH, for Arts in Downtown project ........................................................................................ 100,000

Athenaeum of Philadelphia, Philadelphia, PA, to preserve library 

materials and access to information in the form of digital images 

on the Internet ................................................................................... 75,000

Beth Medrash Govoha, Lakewood, NJ, for equipment and exhibits 

for the Holocaust Library .................................................................. 500,000

Bishop Museum in Hawaii for activities to preserve the culture of 

Native Hawaiians ............................................................................... 400,000

Bishop Museum in Hawaii to develop Native Hawaiian cultural 

projects in collaboration with the Peabody Museum of Massachusetts and an Alaskan museum .......................................................... 400,000

Burpee Museum of Natural History, Rockford, IL, for community 

outreach and educational activities .................................................. 900,000

Campbell Center for Historic Preservation Studies, Mount Carroll, 

IL, for community outreach and program planning ........................ 100,000

Chaldean Community Culture Center, West Bloomfield, MI, for 

programs that promote Chaldean language, history, culture and 

teacher training .................................................................................. 200,000

Chapman University, Orange, California, for technological infrastructure ............................................................................................. 250,000

Chartiers Valley Partnership, Inc., Carnegie, PA, for technological 

and educational programs at the Andrew Carnegie Free Library 250,000

Children’s Museum at La Habra, California, for a Hands On 

English Program ................................................................................ 113,000

Children’s Museum of History, Natural History, Science and Technology, Utica, New York, for technology improvements, staffing 

and training ........................................................................................ 144,000

Cincinnati Museum Center at Union Terminal, Cincinnati, Ohio, to 

develop and implement an integrated curriculum that will utilize 

its resources in art, science, and history when visiting the museum .................................................................................................... 400,000

City of Hemet, California, for Hemet Public Library, for library materials and technological equipment ................................................. 150,000

City of Whittier, California, for the Whittier Public Library Children’s Area and History Room .......................................................... 387,000

Cleveland Health Museum, Cleveland, OH, for exhibits ................... 250,000

College of Physicians of Philadelphia, Philadelphia, PA, to preserve 

medical library and art collection ..................................................... 100,000

Davenport Music History Museum in Davenport, IA ......................... 400,000

Delaware County Historical Society, Media, PA, for educational 

programs highlighting historical themes and sites relating to 

Delaware County ................................................................................ 75,000

East Stroudsburg University, East Stroudsburg, PA to preserve 

and develop exhibits for their Vintage Radio Programs and Jazz 

Museum .............................................................................................. 75,000

Elmwood Zoo, Norristown, PA for student education programs ........ 100,000

Erie County, Erie, PA, for technology upgrades for the Erie County 

Library ................................................................................................ 75,000 

Fender Museum of the Arts Foundation, Corona, CA, for the Kids 

Rock Free educational program ........................................................ 100,000

857

Fine Arts Museums of San Francisco for the De Young Museum’s 

Art Education Program ..................................................................... 200,000

Florida Holocaust Museum, St. Petersburg, Florida, for school outreach program .................................................................................... 1,500,000

Florida International Museum, St. Petersburg, Florida, for professional activities ................................................................................... 750,000

Folger Library, Washington, DC for exhibits, operations, and public 

programs including education and outreach .................................... 1,600,000

Forsyth County Public Library, Winston-Salem, North Carolina, for 

salaries, supplies, personnel and materials ..................................... 50,000

Gault Family Learning Center, Wooster, OH, for PALS/Parenting 

Resource Center/Growing Together .................................................. 50,000

General George S. Patton Jr National Museum of Cavalry and 

Armor, Ft. Knox, KY .......................................................................... 250,000 

George C. Marshall Foundation in Lexington, Virginia, for exhibit 

design and development and collection preservation ...................... 500,000

Grout Museum, Waterloo, IA, for exhibits and design of the Sullivan Brothers Veterans Museum and Research Center ................ 500,000

Heritage Harbor Museum of Providence, RI for exhibit design and 

development relating Rhode Island and American history ............ 200,000

Hernando County Library System, Florida, for technology improvements at West Hernando Branch Library, Brooksville Main Library, Spring Hill Library, and East Hernando Branch Library 150,000

Hesperia Community Library, Hesperia, CA ...................................... 250,000

Historical Society of Western Pennsylvania, Pittsburgh, PA, for exhibit and curriculum development for the Western Pennsylvania 

Sports Museum at the Senator John Heinz Pittsburgh Regional 

History Center .................................................................................... 200,000

Historical Society of Western Pennsylvania, Pittsburgh, PA for exhibit design and development for the Meadowcraft Museum of 

Rural Life ............................................................................................ 150,000

Idaho State University, Pocatello, Idaho, for a Virtual Idaho Museum of Natural History project ....................................................... 250,000

Imaginarium Science Center, Anchorage, AK to develop science exhibits and distance delivery modules ............................................... 50,000

International Museum of Women to develop exhibits on the history 

of women’s lives worldwide ............................................................... 100,000

International Storytelling Center, Jonesborough, TN ........................ 100,000

James Ford Bell Museum of Natural History, Minneapolis, MN, to 

produce detailed exhibit design and development ........................... 100,000

Kishacoquillas Valley Historical Society, Allensville, PA for care 

and preservation of collection ............................................................ 100,000

Lafayette College, Easton, PA, for technology updates to the 

Skillman Library ................................................................................ 100,000

Madera County Resource Management Agency, Madera, CA ........... 166,000

Magic House, Kirkwood, MO for the development and design of 

interactive exhibits and software to be used within The Magic Library to support family literacy ........................................................ 21,000

Mary Meuser Memorial Library, Easton, PA for library upgrades 100,000

Metropolitan Museum of Art, New York, in conjunction with the 

Fairbanks Museum of Art and the Anchorage Museum of History 

and Art, for costs of mounting the exhibit and for costs associated with bringing the exhibit to Alaska ......................................... 250,000

Michigan Space and Science Center, Jackson, MI, for development 

of the strategic plan, operational costs and personnel .................... 350,000

Mississippi Department of Archives and History, Jackson, MS, to 

complete the preservation and restoration of the Eudora Welty 

House .................................................................................................. 450,000

Mobile Museum of Art, Mobile, AL for equipment and supplies, and 

for exhibit design and development .................................................. 75,000

Morehouse College Library, Atlanta, GA for historical preservation 

of documents and records .................................................................. 100,000

Mother Bethel Foundation, Philadelphia, PA for care and preservation of collection at the Richard Allen Museum .............................. 100,000

Museum of Aviation Foundation Inc, Warner Robins, GA ................. 225,000

Museum of Broadcast Communications, Chicago, IL for educational 

programming ...................................................................................... 250,000

858

Museum of Science in Boston, MA, for technology upgrades and 

equipment for the National Center for Technology Literacy .......... 1,000,000

Mystic Seaport, the Museum of America and the Sea, Mystic, Connecticut to support collections ........................................................... 100,000

National Canal Museum, Easton, PA, for educational programming 

and exhibits on the use of transportation and industrial technology along the Lehigh Canal ......................................................... 50,000

National Center for American Revolution, Wayne, PA, for exhibit 

design and curriculum development for the Museum of the American Revolution at Valley Forge National Historic Park ................ 400,000

National Center for the Study of Civil Rights and African-American Culture, Alabama State University, Montgomery, AL, for 

support of events leading into the 50th anniversary of the Montgomery Bus Boycott ........................................................................... 50,000 

National Civil Rights Museum in Memphis for exhibit design and 

development, and for educational programs .................................... 500,000

National Distance Running Hall of Fame, Utica, New York, for display cases and to establish new interactive displays ...................... 16,000

National Liberty Museum, Philadelphia, PA for a teacher training 

program to assist educators in addressing violence in schools ...... 500,000

National Mississippi River Museum and Aquarium in Dubuque, IA 

for exhibits .......................................................................................... 650,000

National Museum of American Jewish History, Philadelphia, PA 

for online educational programming and technology modernization ...................................................................................................... 200,000 

National Museum of Women in the Arts, Washington, D.C. ............. 1,000,000

Native American Cultural and Educational Authority, Oklahoma 

City, Oklahoma, for the Oklahoma Native American Culture 

Center and Museum, to be expended only upon meeting the 

matching requirements in Title III, section 301(b)(2)(B) of P.L. 

107–331 ............................................................................................... 1,000,000

Negro Leagues Baseball Museum, Kansas City, MO, for exhibits 

for the Double Play Action Center .................................................... 300,000

New York Botanical Garden’s Virtual Herbarium imaging project 

in Bronx, New York ........................................................................... 400,000

New York Hall of Science to develop, expand, and display sciencerelated educational materials ........................................................... 900,000 

Niagara County Historical Society, Lockport, NY, to create a stateof-the art interpretive museum ......................................................... 420,000

Northwest Museum of Arts and Culture, Spokane, WA for the Star 

Nations Program project .................................................................... 50,000 

O. Winston Link Museum, Roanoke, Virginia, for displays and 

digitization .......................................................................................... 210,000

Piper’s Opera House Programs, Inc., Virginia City, NV for exhibit 

design and development, educational programming, and technology modernization ......................................................................... 150,000

Pittsburgh Children’s Museum, Pittsburgh, PA, to expand arts and 

after-school programs for at-risk children ....................................... 100,000

Placer County Library, Auburn, CA, to enhance library collection 

through the purchase of library materials ....................................... 50,000

Plano Community Library District, Plano, Illinois, for expenses related to the library ............................................................................. 977,000

Please Touch Museum, Philadelphia, PA, to develop educational 

programs focusing on hands-on learning experiences ..................... 725,000

Plumas County Library, Quincy, CA, for library materials ............... 100,000 

Putnam County Commissioners, Winfield, West Virginia, for technology for the public library system in Putnam County ................. 25,000 

Rock and Roll Hall of Fame and Museum, Cleveland, OH for the 

Rockin’ the Schools education program ............................................ 200,000 

Saint Tikhon’s Theological Seminary, South Canaan, PA, for care 

and preservation of Russian artifacts .............................................. 50,000

San Bernardino County, San Bernardino, CA, for the San 

Bernardino County Museum ............................................................. 250,000 

Serra Cooperative Library System, San Diego, California, to provide Live Homework Help Project to help students with expert 

tutors for real-time online instructions ............................................ 100,000

859

Simon Wiesenthal Center’s Los Angeles Museum for Tolerance, Los 

Angeles, CA, for the Tools for Tolerance for Educators program 

to provide teacher training in diversity, tolerance and cooperation ...................................................................................................... 100,000

Southern New Hampshire Services, Inc., Manchester, New Hampshire, for exhibit acquisition for SEE Science Center ..................... 25,000

Speed Art Museum, Louisville, KY ...................................................... 400,000

Standing Bear Museum and Learning Center, Ponca City, OK ........ 100,000

State Historical Society of Iowa in Des Moines, Iowa for the development of exhibits for the World Food Prize ................................... 1,000,000

Taft Museum of Art, Cincinnati, OH for educational programming 

and exhibits ........................................................................................ 200,000

Tennessee State University African American History Museum, 

Nashville, TN to enhance the library facilities which will include 

new exhibits, expanded archives, and research programs .............. 1,000,000

The Arts Guild of Old Forge, Old Forge, New York, for the new exhibits spaces and educational programs .......................................... 24,000

Tifton-Tift County Public Library, Tifton, GA .................................... 50,000

Tillamook County Library, Tillamook, OR for design and development of exhibits and educational programs ..................................... 60,000

Town of Greece, Rochester, NY, for the Greece Public Library Security program ....................................................................................... 100,000

Tuskegee Multicultural Center, Tuskegee, AL, to provide for technology enhancements and installation of exhibits .......................... 50,000 

University of Idaho for digital archiving and preservation of historically significant American music and facilitating its access to 

students and scholars nationwide ..................................................... 400,000

Vietnam Archives Center at Texas Tech University, Lubbock, 

Texas, for technology infrastructure ................................................. 500,000

Virginia Historical Society, Richmond, VA, to assist with educational programmatic development and for cataloging and 

archiving of business history records ............................................... 250,000

Virginia Living Museum for the expansion of its educational programs in its capital campaign project .............................................. 100,000

Westminster College Library, New Wilmington, PA for technology 

upgrades and computers and community programming ................. 100,000

WWII Victory Memorial Museum, Auburn, Indiana, for interpretive 

dioramas, education, research library and visual documentary .... 600,000

Zimmer Children’s Museum, Los Angeles, CA to expand the 

youTHink education program ........................................................... 100,000

NATIONAL COMMISSION ON LIBRARIES AND INFORMATION SCIENCE

The conference agreement provides $1,000,000 for the National 

Commission on Libraries and Information Science as proposed by 

the House and the Senate. 

NATIONAL COUNCIL ON DISABILITY

The conference agreement includes $3,039,000 for the National 

Council on Disability instead of $2,830,000 as proposed by the 

House and $3,339,000 as proposed by the Senate. 

The conferees direct the Council to develop and submit to the 

Committees on Appropriations of the House and Senate an operating plan detailing the activities the Council plans for fiscal year 

2004. The conferees request that the plan detail the programs, 

projects, and activities proposed to be undertaken during this fiscal 

year and/or planned to be supported in fiscal year 2005, including 

those outlined within object class 25. The conferees request that 

the Council submit the plan within 30 days of enactment of this 

Act. 

860

NATIONAL LABOR RELATIONS BOARD

The conference agreement provides $244,073,000 for the National Labor Relations Board instead of $239,429,000 as proposed 

by the House and $246,073,000 as proposed by the Senate. 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

The conference agreement provides $9,863,000 for the Occupational Safety and Health Review Commission instead of 

$10,115,000 as proposed by the House and $9,610,000 as proposed 

by the Senate. 

RAILROAD RETIREMENT BOARD LIMITATION ON ADMINISTRATION

The conference agreement includes $101,300,000 for the Railroad Retirement Board Limitation on Administration Expenses as 

proposed by the House instead of $99,350,000 as proposed by Senate. 

The conferees understand that the Railroad Retirement Board 

has an obligation under the Railroad Retirement and Survivors’ 

Improvement Act of 2001 to enter into an arrangement with a nongovernmental financial institution to serve as disbursing agent for 

benefits payable under the Railroad Retirement Act. The conferees 

understand that implementation of this requirement is a time consuming process and that the Board may need up to a year to complete this requirement. 

RAILROAD RETIREMENT BOARD OFFICE OF INSPECTOR GENERAL

The conference agreement includes a limitation on transfers 

from the railroad trust funds of $6,600,000 for administrative expenses of the Office of Inspector General as proposed the House instead of $6,322,000 as proposed by the Senate. 

The conferees do not include language proposed by the Senate 

that allows the Office of the Inspector General to conduct audits, 

investigations, and reviews of the Medicare programs. 

SOCIAL SECURITY ADMINISTRATION SUPPLEMENTAL SECURITY

INCOME PROGRAM

The conference agreement includes $26,349,300,000 for the 

Supplemental Security Income Program instead of $26,341,300,000 

as proposed by the House and $26,410,000,000 as proposed by the 

Senate. Within the funds provided, the conference agreement includes $8,000,000 as proposed by the Senate for outreach efforts 

and assistance to homeless persons and other underserved populations. Also within the total, $2,973,300,000 is included for the administrative costs of the program as proposed by the House. The 

Senate included $3,034,000,000 for administrative costs. 

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement includes $8,361,800,000 for the limitation on administrative expenses as proposed by the House rather 

than $8,530,000,000 as proposed by the Senate. Within the total, 

$15,000 is provided for the Social Security Commissioner’s official 

861

reception and representation expenses as proposed by the House. 

The Senate had proposed $20,000 for these expenses. 

The conference agreement does not include a provision as proposed by the Senate that delays $107,000,000 in obligations until 

September 30, 2004. The House bill did not contain a similar provision. 

OFFICE OF THE INSPECTOR GENERAL

The conference agreement includes $88,200,000 for the office of 

the inspector general as proposed by the House rather than 

$82,460,000 as proposed by the Senate. 

UNITED STATES INSTITUTE OF PEACE

The conference agreement provides $17,200,000 for the United 

States Institute of Peace, the same level as proposed by both the 

House and Senate. 

The conferees direct the Institute to increase direct support for 

programs to improve textbooks, materials and other means of educational reform to teach Middle Eastern youth about nonviolent approaches to resolving intergenerational cycles of conflict and hatred, and ways that these cycles can be broken. The conferees direct the Institute to report to the Committees on Appropriations, 

by March 1, 2004, on their efforts in this area. 

TITLE V—GENERAL PROVISIONS 

ADJUSTMENT OF ADVANCES

The conference agreement does not include language adjusting 

the amount of education funding advanced in the fiscal year 2003 

appropriations bill as proposed by the House. The Senate bill contained a similar provision in title III. 

LIMITATION ON LIBRARIES

The conference agreement includes a limitation on the ability 

of a library to access library funding provided under this Act unless 

the library is in compliance with the Children’s Internet Protections Act, as proposed by the House. The Senate bill contained no 

similar provision. 

LIMITATION ON SCHOOLS

The conference agreement includes a limitation on the ability 

of an elementary or secondary school to access technology funding 

provided under this Act unless the school is in compliance with the 

Children’s Internet Protections Act, as proposed by the House. The 

Senate bill contained no similar provision. 

ACROSS-THE-BOARD SALARIES AND EXPENSES REDUCTION

The conference agreement includes a modified provision proposed by the Senate to reduce salaries and expenses of the Departments of Labor, Health and Human Services, and Education. The 

House bill contained no similar provision. 

862

ADDITIONAL FUNDING FOR VOLUNTEER PROGRAMS

The conference agreement does not include a provision proposed by the Senate to provide additional funding for volunteers in 

homeland security under the Corporation for National and Community Service. The House bill contained no similar provision. Funding for this program is included in title IV of this bill. 

CONFERENCE AGREEMENT

The following table displays the amounts agreed to for each 

program, project or activity with appropriate comparisons:

863


Insert graphic folio 213/2059 HR401.029
864


Insert graphic folio 213/2060 HR401.030
865


Insert graphic folio 213/2061 HR401.031
866


Insert graphic folio 213/2062 HR401.032
867


Insert graphic folio 213/2063 HR401.033
868


Insert graphic folio 213/2064 HR401.034
869


Insert graphic folio 213/2065 HR401.035
870


Insert graphic folio 213/2066 HR401.036
871


Insert graphic folio 213/2067 HR401.037
872


Insert graphic folio 213/2068 HR401.038
873


Insert graphic folio 213/2069 HR401.039
874


Insert graphic folio 213/2070 HR401.040
875


Insert graphic folio 213/2071 HR401.041
876


Insert graphic folio 213/2072 HR401.042
877


Insert graphic folio 213/2073 HR401.043
878


Insert graphic folio 213/2074 HR401.044
879


Insert graphic folio 213/2075 HR401.045
880


Insert graphic folio 213/2076 HR401.046
881


Insert graphic folio 213/2077 HR401.047
882


Insert graphic folio 213/2078 HR401.048
883


Insert graphic folio 213/2079 HR401.049
884


Insert graphic folio 213/2080 HR401.050
885


Insert graphic folio 213/2081 HR401.051
886


Insert graphic folio 213/2082 HR401.052
887


Insert graphic folio 213/2083 HR401.053
888


Insert graphic folio 213/2084 HR401.054
889


Insert graphic folio 213/2085 HR401.055
890


Insert graphic folio 213/2086 HR401.056
891


Insert graphic folio 213/2087 HR401.057
892


Insert graphic folio 213/2088 HR401.058
893


Insert graphic folio 213/2089 HR401.059
894


Insert graphic folio 213/2090 HR401.060
895


Insert graphic folio 213/2091 HR401.061
896


Insert graphic folio 213/2092 HR401.062
897


Insert graphic folio 213/2093 HR401.063
898


Insert graphic folio 213/2094 HR401.064
899


Insert graphic folio 213/2095 HR401.065
900


Insert graphic folio 213/2096 HR401.066
901


Insert graphic folio 213/2097 HR401.067
902


Insert graphic folio 213/2098 HR401.068
903


Insert graphic folio 213/2099 HR401.069
904


Insert graphic folio 213/2100 HR401.070
905


Insert graphic folio 213/2101 HR401.071
906


Insert graphic folio 213/2102 HR401.072
907


Insert graphic folio 213/2103 HR401.073
908


Insert graphic folio 213/2104 HR401.074
909


Insert graphic folio 213/2105 HR401.075
910


Insert graphic folio 213/2106 HR401.076
911


Insert graphic folio 213/2107 HR401.077
912


Insert graphic folio 213/2108 HR401.078
913


Insert graphic folio 213/2109 HR401.079
914


Insert graphic folio 213/2110 HR401.080
915

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2004 recommended by the Committee of Conference, with comparisons to the fiscal year 2003 amount, the 2004 budget estimates, 

and the House and Senate bills for 2004 follow:

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2003 ........................ $430,990,470

Budget estimates of new (obligational) authority, fiscal year 2004 469,697,348

House bill, fiscal year 2004 ................................................................... 478,406,936

Senate bill, fiscal year 2004 .................................................................. 473,552,979

Conference agreement, fiscal year 2004 .............................................. 480,345,954

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2003 ................ +49,355,484

Budget estimates of new (obligational) authority, fiscal year 

2004 .............................................................................................. +10,648,606

House bill, fiscal year 2004 ............................................................ +1,939,018

Senate bill, fiscal year 2004 ........................................................... +6,792,975

DIVISION F—DEPARTMENTS OF TRANSPORTATION AND 

TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004 

CONGRESSIONAL DIRECTIVES

The conferees agree that Executive Branch propensities cannot 

substitute for Congress’s own statements concerning the best evidence of Congressional intentions; that is, the official reports of the 

Congress. The committee of conference approves report language 

included by the House (House Report 108–243) or the Senate (Senate Report 108–146) that is not changed by the conference. The 

statement of the managers, while repeating some report language 

for emphasis, is not intended to negate the language referred to 

above unless expressly provided herein. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

The conference agreement provides $80,903,000 for the salaries 

and expenses of the office of the secretary instead of $94,077,000 

as proposed by the House and $91,276,000 as proposed by the Senate. Bill language is included that specifies amounts by office, consistent with actions in prior years, and limits transfers among each 

office to no more than 5 percent. The bill language specifies that 

any transfer greater than 5 percent shall be submitted for approval 

to the House and Senate Committees on Appropriations. Bill language, as proposed by both the House and the Senate, allows the 

Department to spend up to $60,000 for official reception and representation activities, and credits to the appropriation up to 

$2,500,000 in user fee receipts. 

The following table summarizes the appropriation for each office:

Immediate office of the Secretary ......................................................... $2,210,000

Immediate office of the Deputy Secretary ........................................... 700,000

Office of the General Counsel ............................................................... 15,403,000

916

Under Secretary of Transportation for Policy ..................................... 12,312,000

Office of the Assistant Secretary for Budget and Programs .............. 8,536,000

Office of the Assistant Secretary for Governmental Affairs ............... 2,300,000

Office of the Assistant Secretary for Administration ......................... 24,612,000

Office of Public Affairs .......................................................................... 1,915,000

Executive Secretariat ............................................................................ 1,447,000

Board of Contract Appeals .................................................................... 700,000

Office of Small and Disadvantaged Business Utilization ................... 1,268,000

Office of the Chief Information Officer ................................................ 7,500,000

Office of Intelligence and Security ....................................................... 2,000,000

Implementation of Air Transportation Safety and System Stabilization Act for cargo carriers.—The conferees expect that the Department would administer funds made available under title I of 

the Air Transportation Safety and System Stabilization Act without discrimination among directly competitive air carriers and note 

that comparable percentages of the notional maximum amount of 

compensation payable under section 103(b)(2) of that Act provides 

a credible check on the Department’s allocation decisions. Further, 

the conferees expect that the Secretary will defer any final determination on disputed claims until the Comptroller General’s review 

is completed, and would refer any remaining disputed claims to an 

administrative law judge upon an affected claimant’s request. In 

addition, the Department is directed to provide the report requested by the Senate. 

Congressional justification materials.—The conferees direct the 

office of the secretary to submit its congressional justification materials in support of the individual offices of the offices of the secretary at the same level of detail provided in the congressional justifications presented in fiscal year 2003, and to submit annual Congressional budget justifications for each modal administration to 

the House and Senate Committees on Appropriations on the date 

on which the President’s budget is delivered officially to Congress.

Office of Intelligence and Security.—The conferees acknowledge 

the mission of this office has changed significantly since enactment 

of the Aviation and Transportation Security Act. Consequently, the 

conferees direct the Secretary to submit, not later than March 1, 

2004, a report to the House and Senate Committees on Appropriations describing in detail the organization, mission, and responsibilities of this office, as well as a five year projection of staffing 

and budget resources. 

Outstanding reports.—The conference agreement continues the 

longstanding policy expressed in the Senate report directing the Office of the Assistant Secretary for Budget and Programs to report 

quarterly on the status of all outstanding Congressional reports 

and reporting requirements, including the degree of delinquency of 

Congressionally requested reports and an estimated date for delivery. The conferees note that not only are many reports themselves 

late, but in fiscal year 2003, the quarterly compilation described 

herein was itself only submitted in one of four quarters required. 

The conferees will work with the office of the secretary to ensure 

that this situation improves in the coming year. 

Cyber threat intelligence.—The conferees recognize the importance of utilizing proactive cyber threat intelligence to protect the 

critical infrastructure assets of the department. The conferees encourage the department to deploy a performance-based cyber threat 

intelligence service that contains the aggregation of known techVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00920 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
917

nical vulnerabilities, original technical vulnerability research, geopolitical cyber threat analysis, malicious code research and predictive cyber threat analysis. The conferees also recognize that 

many serious cyber attacks originate from non-English-speaking regions of the world. As such, the cyber threat intelligence services 

described above must include a demonstrated ability to collect 

cyber threat intelligence in multiple languages, including Arabic. 

Grant notifications to Congress.—The conferees agree that the 

report, directed by the Senate, submitting options for providing 

grant notifications in electronic format should be submitted to the 

House and Senate Committees on Appropriations not later than 

December 31, 2003. 

OFFICE OF CIVIL RIGHTS

The conference agreement provides $8,569,000 for the office of 

civil rights as proposed by the House and the Senate. 

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

The conference agreement provides $20,864,000 for transportation planning, research, and development instead of $8,336,000 

as proposed by the House and $15,836,000 as proposed by the Senate. Adjustments to the budget request are as follows:

Conference agreement 

Aviation and international policy studies ............................................ ¥$2,472,000 

Circumpolar infrastructure task force, Artic Council and Northern 

Forum, AK .......................................................................................... 1,000,000 

Center for Integrated Transportation & Traffic Systems, AZ ............ 600,000 

Center for Spatial Technologies, MS .................................................... 700,000 

Integrated data query sharing system for maritime domain awareness, WA ............................................................................................. 1,100,000

Regional Interstate Commerce and Transportation Policy Harmonization Project, SD ............................................................................... 250,000 

UA Transportation Hybrid Electric Vehicle & Fuel Cell Research 

Program, AL ....................................................................................... 1,250,000 

WestStart Vehicular Flywheel Project, WA ........................................ 1,000,000 

Worcester Polytechnic University Center for Human Impact Protection System, MA ................................................................................. 350,000 

Interstate digital image exchange project ........................................... 2,000,000 

Northern Illinois University Transportation Fuel Cell Research, IL 750,000 

Data Exchange Technology Demonstration, NH ................................. 500,000 

PVTA Hydrogen Battery and Electric Bus Program, MA .................. 1,000,000 

NC State University Center for Transportation and the Environment, NC ............................................................................................. 1,000,000 

National Transit Institute, Rutgers Univ.—TELLUM Project, NJ ... 500,000 

San Francisco Muni Alternative Fuels New Technology Consortium, CA .............................................................................................. 500,000

Interstate digital image exchange project and online verification 

of birth records.—The conference agreement provides $2,000,000 to 

expand the interstate digital image exchange and for pilot projects 

to conduct online verification of birth and death records nationwide. Amounts shall be made available by contract or by grant to 

the American Association of Motor Vehicle Administrators, states, 

or other appropriate entities the Secretary deems necessary. 

WORKING CAPITAL FUND

The conference agreement includes a limitation of 

$116,715,000 for working capital fund activities as proposed by the 

918

House and the Senate. The conferees further agree to a general 

provision proposed by the Senate reducing funds for this account. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

The conference agreement provides an appropriation of $900,000 for the minority business resource center program and 

limits loans under the program to $18,367,000, as proposed by both 

the House and the Senate. 

MINORITY BUSINESS OUTREACH

The conference agreement provides $3,000,000 for minority 

business outreach as proposed by the House and the Senate. 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement provides $52,000,000 for payments 

to air carriers, to be derived from the airport and airway trust 

fund, as proposed by the Senate. The House proposed $63,000,000 

from the airport and airway trust fund under the Federal Aviation 

Administration. In addition to these funds, the program will receive $50,000,000 in mandatory spending pursuant to the Federal 

Aviation Authorization Act of 1996, resulting in a program budget 

of $102,000,000. Funding is to be derived from the airport and airway trust fund and is available until expended, as proposed by 

both the House and Senate.

Cost-sharing pilot program.—The conference agreement includes language proposed by the Senate prohibiting the implementation of a mandatory cost-sharing pilot program. 

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

The conference agreement includes $7,530,925,000 for operations of the Federal Aviation Administration, instead of 

$7,532,000,000 proposed by the House and $7,535,648,000 proposed 

by the Senate. Of the total amount provided, $4,500,000,000 is to 

be derived from the airport and airway trust fund instead of 

$4,043,000,000 proposed by the House and $6,000,000,000 proposed 

by the Senate. Funds are distributed in the bill by budget activity, 

as proposed by the Senate. 

Contract tower cost-sharing.—The bill specifies $6,500,000 for 

continuation of the contract tower cost-sharing program as proposed by the Senate instead of $7,500,000 as proposed by the 

House. 

Rule implementing exemption process for mandatory retirement.—The conference agreement includes language proposed by 

the House requiring the Secretary of Transportation to issue, not 

later than March 1, 2004, final regulations establishing an exemption process for individual air traffic controllers to delay mandatory 

retirement until not later than age 61. The Senate bill included no 

similar provision. 

Level of operational air traffic control supervisors.—The conference agreement includes language proposed by the House speciVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00922 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
919

fying that $4,000,000 of funds under this heading are available 

only to raise the level of operational air traffic control supervisors 

to 1,726. The Senate bill included no similar provision. 

Memoranda of understanding.—The conference agreement 

modifies language proposed by the House related to the implementation of memoranda of understanding or memoranda of agreement 

between FAA and its bargaining units. The modification would prohibit funds from continuing to implement an existing MOU or 

MOA if such documents are not filed in a central registry after 

January 1, 2004. 

Administration of government credit cards.—The agreement includes language proposed by the House related to FAA management of government credit cards. The Senate bill included no similar provision. 

The following table compares the conference agreement to the 

President’s budget and the levels proposed in the House and Senate bills by budget activity:

House bill Senate bill Conference agree- ment 

Air Traffic Services ................................................................... $6,096,800,000 $6,096,800,000 $6,096,800,000 

Adjustments to the budget estimate: 

Delete additional controller staffing ............................... ¥14,095,000 .............................. ¥14,095,000 

Controller in charge payments ........................................ ¥1,250,000 .............................. ¥1,250,000

First line supervisory staffing ......................................... 4,000,000 .............................. 4,000,000 

Contract tower cost-sharing ............................................ 7,500,000 6,500,000 6,500,000 

NAS handoff ..................................................................... ¥16,231,000 .............................. ¥16,231,000 

Medallion program ........................................................... .............................. 4,000,000 3,000,000

Unspecified ...................................................................... .............................. ¥60,000,000 ¥25,000,000

Amount recommended .............................................................. 6,076,724,000 6,047,300,000 6,053,724,000

Aviation Regulation and Certification ...................................... 873,374,000 873,374,000 873,374,000 

Adjustments to the budget estimate: 

Alien species action plan ................................................ ¥3,000,000 .............................. 0

Medallion program ........................................................... ¥1,500,000 .............................. 0

Transfer of staffing from Office of Policy ....................... 1,321,000 .............................. 0

Transfer from F&E CFMSS and ASIS ............................... 1,120,000 .............................. 1,120,000

Drug and alcohol compliance testing ............................. ¥810,000 .............................. ¥810,000

Non-precision GPS approaches ........................................ .............................. 5,000,000 3,000,000 

Unspecified ...................................................................... .............................. ¥5,000,000 0

System approach for safety oversight ............................. .............................. .............................. 3,000,000

ASKME project .................................................................. .............................. .............................. 1,000,000

Amount recommended .............................................................. 870,505,000 873,374,000 880,684,000

Research and Acquisitions ....................................................... 218,481,000 218,481,000 218,481,000

Adjustments to the budget estimate: Amount recommended 218,481,000 218,481,000 218,481,000

Commercial Space Transportation ............................................ 12,601,000 12,601,000 12,601,000

Adjustments to the budget estimate: Reduction on staffing .. ¥825,000 .............................. ¥825,000

Amount recommended .............................................................. 11,776,000 12,601,000 11,776,000

Financial Services ..................................................................... 49,783,000 49,783,000 49,783,000

Adjustments to the budget estimate: Amount recommended 49,783,000 49,783,000 49,783,000

Human Resource Management ................................................. 82,029,000 82,029,000 82,029,000

Adjustments to the budget estimate: 

Organizational development staff ................................... ¥375,000 .............................. 0

920

House bill Senate bill Conference agreement 

Additional reduction to assumed base ........................... ¥6,287,000 ¥5,000,000 ¥5,500,000

Amount recommended .............................................................. 75,367,000 77,029,000 76,529,000

Regions and Centers ................................................................ 84,749,000 84,749,000 84,749,000 

Adjustments to the budget estimate: Restore base reduction 3,000,000 .............................. 2,000 000

Amount recommended .............................................................. 87,749,000 84,749,000 86,749,000

Staff Offices .............................................................................. 143,150,000 143,150,000 143,150,000 

Adjustments to the budget estimate: 

International program—staffing reduction ..................... ¥1,000,000 .............................. 0

Transfer of Policy staff to AVR ........................................ ¥1,321,000 .............................. 0

Office of Public Affairs staffing ...................................... ¥200,000 .............................. ¥200,000

Office of Civil Rights ....................................................... ¥200,000 .............................. ¥200,000

Unallocated ...................................................................... .............................. ¥500,000 ¥500,000

Amount recommended .............................................................. 140,429,000 142,650,000 142,250,000

Information Services ................................................................. 29,681,000 29,681,000 29,681,000

Adjustments to the budget estimate: Amount recommended 29,681,000 29,681,000 29,681,000

Accountwide Adjustments: 

Official time savings ....................................................... ¥6,500,000 .............................. ¥6,500,000 

Janitorial and guard services .......................................... ¥2,504,000 .............................. ¥2,504,000 

TASC costs ....................................................................... ¥6,275,000 .............................. ¥2,000,000

Cash awards .................................................................... ¥3,228,000 .............................. ¥3,228,000

Civil aviation security positions ...................................... ¥500,000 .............................. ¥500,000

Improved mgmt of govt. credit cards ............................. ¥500,000 .............................. 0

Travel ............................................................................... ¥8,988,000 .............................. ¥4,000,000

Amount recommended .............................................................. ¥28,495,000 .............................. ¥18,732,000

Total recommended ..................................................... 7,532,000,000 7,535,648,000 7,530,925,000

Deployable flight incident recorders.—The conferees are aware 

of technology that makes flight data recorders, cockpit voice recorders, and emergency locator transmitters more survivable and recoverable, such as through systems integrating these devices into one 

unit combined with crash sensors, allowing them to eject automatically from an aircraft upon impact and thus delivering them safely 

away from the impact site. The conferees encourage the FAA to investigate and consider implementing regulations that incorporate 

such systems into the commercial air traffic fleet. 

Commercial space launch regulations.—For over four decades, 

the U.S. Air Force has supervised commercial space launch operations at Cape Canaveral Air Force Station and other federal 

ranges, resulting in an impeccable safety record. The conferees 

have been advised that the FAA is considering commercial space 

launch regulations, and are concerned that the FAA not introduce 

new regulations that are unnecessary, duplicative, or which introduce undue costs relative to existing Air Force regulations on this 

industry. 

Non-precision GPS approaches.—The conference agreement 

provides an additional $3,000,000 to continue work to develop and 

publish an increased number of non-precision instrument approaches for airports that are not part 139 certified. 

921

International Summit on Aviation Safety and Security.—The 

conferees acknowledge the success of the International Summit on 

Aviation Safety and Security established by the George Washington University, and urge the FAA to continue funding as long 

as the agency believes that it enhances aviation safety and security. 

Administration of potential shortfall due to essential air service 

transfer.—The conferees agree that the FAA Administrator has the 

flexibility to propose the use of funds in either the ‘‘Operations’’ or 

‘‘Facilities and equipment’’ appropriations to address any shortfalls 

in essential air service funding for which FAA resources are required under existing law. The Administrator is directed to advise 

the House and Senate Committees on Appropriations on the appropriations and programs from which these funds would be drawn. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $2,910,000,000 for ‘‘Facilities and equipment’’, instead of $2,900,000,000 as proposed by the 

House and $2,916,000,000 as proposed by the Senate. Of the total 

amount available, $420,841,200 is available for one year, and 

$2,489,158,800 is available for three years. The bill specifies that, 

of the total funding provided, $3,000,000 is for audit services to be 

performed by the Defense Contract Audit Agency, instead of 

$7,000,000 as proposed by the House; and $25,000,000 is for the 

Houston area air traffic system, instead of $20,000,000 as proposed 

by the House. The conference agreement does not include the 

$100,000,000 proposed by the Senate for transfer to the ‘‘Grantsin-aid for airports’’ program. Funds for this program are provided 

in their entirety under ‘‘Grants-in-aid for airports’’. 

The following table provides a breakdown of the House and 

Senate bills and the conference agreement by program:

Item FY 2004

estimate House Senate Conferenceagreement 

Category 1: Improve Aviation Safety ............. $273,900,000 $274,180,000 $266,800,000 $280,780,000

Terminal Business Unit ................................. 137,600,000 135,600,000 112,500,000 122,100,000

Aviation Weather Services Improvements ...... 13,200,000 13,200,000 22,200,000 22,200,000

Low Level Windshear Alert System 

(LLWAS)—Upgrade .................................... 3,900,000 3,900,000 2,700,000 2,700,000

Aviation Safety Analysis System (ASAS) ........ 13,900,000 12,100,000 6,900,000 6,900,000

Integrated Flight Quality Assurance (IFQA) ... 2,100,000 0 500,000 0

Safe Flight 21 ................................................ 30,300,000 30,300,000 30,300,000 30,300,000

Advanced Technology Development and 

Prototyping ................................................. 42,800,000 52,600,000 76,600,000 70,100,000

Aircraft Related Equipment Program ............ 13,700,000 12,580,000 9,200,000 12,580,000

National Aviation Safety Data Analysis Center (NASDAC) .............................................. 1,900,000 1,900,000 1,900,000 1,900,000

Louisville, KY technology demonstration ....... 0 8,000,000 0 8,000,000

Volcano Monitoring ......................................... 0 0 4,000,000 4,000,000

System Approach for Safety Oversight .......... 12,000,000 3,000,000 0 0

Aviation Safety Knowledge Management Environment ................................................... 2,500,000 1,000,000 0 0

Category 2: Improve Efficiency of the Air 

Traffic Control System ............................... 934,128,300 926,773,300 1,010,003,300 1,005,895,000

922

Item FY 2004

estimate House Senate Conferenceagreement 

Terminal Business Unit ................................. 458,128,300 0 479,978,300 0

Standard Terminal Automation System Replacement .................................................. 0 119,800,000 ............................ 119,800,000

ARTS/DBRITE Sustainment ............................. 0 30,000,000 ............................ 25,000,000

Terminal Interim Remote Tower Displays ...... 0 2,500,000 ............................ 2,500,000

Tower Datalink Services (TDLS) ..................... 0 2,500,000 ............................ 2,500,000

ATCBI–6 .......................................................... 0 20,000,000 ............................ 20,000,000

ATC En Route Radar Facilities Improvements 0 2,700,000 ............................ 2,700,000

Terminal ATC Facilities Replacement ............ 0 151,245,000 ............................ 158,245,000

ATC/TRACON Facilities Improvement ............. 0 38,478,300 ............................ 42,000,000

Terminal Digital Radar (ASR–11) .................. 0 80,000,000 ............................ 75,000,000

ASR–9 SLEP ................................................... 0 21,950,000 ............................ 23,000,000

Terminal Applied Engineering ........................ 0 3,400,000 ............................ 4,000,000

Precision Runway Monitors ............................ 0 8,000,000 ............................ 8,000,000

Houston Area Air Traffic System ................... 0 20,000,000 ............................ 25,000,000

PCS Moves ...................................................... 0 200,000 ............................ 200,000

New York Integrated Control Complex ........... 0 2,000,000 ............................ 5,000,000

ARSR–4 Automated Technical Documentation 0 0 0 3,000,000

Aeronautical Data Link (ADL) Applications ... 23,150,000 6,550,000 13,000,000 10,000,000

Free Flight Phase 2 ........................................ 113,100,000 100,000,000 105,100,000 100,000,000

Air Traffic Management (ATM) ...................... 13,000,000 13,000,000 37,500,000 37,500,000

Free Flight Phase 1 ........................................ 37,400,000 27,000,000 37,400,000 32,000,000

Automated Surface Observing System (ASOS) 11,800,000 11,800,000 11,800,000 11,800,000

Next Generation VHF Air/Ground Communications System (NEXCOM) ............................ 85,850,000 85,850,000 85,850,000 85,850,000

En Route Automation Program ...................... 173,900,000 165,000,000 223,575,000 200,000,000

Weather and Radar Processor (WARP) .......... 8,500,000 8,500,000 8,500,000 8,500,000

ATOMS Local Area/Wide Area Network ........... 1,100,000 1,100,000 1,100,000 1,100,000

NAS Management Automation Program 

(NASMAP) ................................................... 1,200,000 1,200,000 1,200,000 1,200,000

IDS—Flight Service Stations ......................... 2,000,000 2,000,000 0 0

IDS—Terminal Facilities ................................ 5,000,000 2,000,000 5,000,000 2,000,000

Category 3: Increase Capacity of the NAS .... 328,500,000 369,623,800 390,935,000 396,190,000

Navigation and Landing Aids ........................ 222,700,000 0 278,835,000 0

Local Area Augmentation System .................. ............................ 28,100,000 ............................ 34,400,000

Wide Area Augmentation System ................... ............................ 117,923,800 ............................ 100,000,000

VOR/DME ........................................................ ............................ 8,600,000 ............................ 8,600,000

Approach Lighting System Improvement Program (ALSIP) .............................................. ............................ 19,200,000 ............................ 48,975,000

Instrument Landing System (ILS) Establishment ........................................................... ............................ 36,000,000 ............................ 48,615,000 

Runway Visual Range .................................... ............................ 7,000,000 ............................ 7,000,000

DME Sustainment ........................................... ............................ 4,000,000 ............................ 4,000,000

NDB Sustainment ........................................... ............................ 1,100,000 ............................ 1,100,000

Visual Navaids (PAPI/REIL) ............................ ............................ 5,000,000 ............................ 5,000,000

VASI Replace With PAPI ................................. ............................ 5,900,000 ............................ 5,900,000

Navigation and Landing Aids Service Life 

Extension Pgm ........................................... ............................ 0 ............................ 0

Loran-C ........................................................... ............................ 25,000,000 ............................ 22,500,000

Transponder Landing System (TLS) ............... ............................ 6,000,000 6,300,000 6,300,000

Oceanic Automation System .......................... 69,000,000 69,000,000 69,000,000 67,000,000

Voice Switching and Control System (VSCS) 32,800,000 32,800,000 32,800,000 32,800,000

Instrument Approach Procedures Automation 4,000,000 4,000,000 4,000,000 4,000,000

Category 4: Improve Reliability of the NAS ... 472,710,000 456,240,000 268,210,000 359,440,000

Guam Center Radar Approach Control 

(CERAP)—Relocate ................................... 2,600,000 2,600,000 2,600,000 2,600,000

Terminal Voice Switch Replacement/Enhance 

TVS ............................................................. 12,000,000 14,200,000 18,500,000 16,000,000

Airport Cable Loop Systems—Sustained 

Support ...................................................... 5,000,000 5,000,000 6,500,000 6,500,000

En Route Automation Program ...................... 173,800,000 163,800,000 0 107,000,000

923

Item FY 2004

estimate House Senate Conferenceagreement 

ARTCC Building Improvements/Plant Improvements ................................................ 34,200,000 34,200,000 34,200,000 28,000,000

Air Traffic Management (ATM) ...................... 29,000,000 22,000,000 0 0

Critical Telecommunication Support .............. 1,500,000 1,500,000 1,500,000 1,500,000

FAA Telecommunications Infrastructure (FTI) 51,200,000 51,200,000 51,200,000 51,200,000

Air/Ground Communications Infrastructure ... 24,100,000 24,100,000 24,100,000 24,100,000

Voice Recorder Replacement Program (VRRP) 3,300,000 3,300,000 3,300,000 3,300,000

NAS Infrastructure Management System 

(NIMS) ........................................................ 22,100,000 22,100,000 22,100,000 20,000,000

Flight Service Station (FSS) Modernization ... 5,800,000 5,800,000 5,800,000 5,800,000

FSAS Operational and Supportability Implementation System (OASIS) ........................ 19,710,000 19,710,000 19,710,000 19,710,000

Weather Message Switching Center Replacement ........................................................... 1,500,000 1,500,000 1,500,000 1,500,000

Flight Service Station Switch Modernization 5,400,000 5,400,000 5,400,000 2,000,000

Alaskan NAS Interfacility Communications 

System (ANICS) .......................................... 900,000 900,000 900,000 900,000

Electrical Power Systems—Sustain/Support 51,000,000 51,000,000 45,000,000 45,000,000

NAS Recovery Communications (RCOM) ........ 12,000,000 12,000,000 11,600,000 9,400,000

Aeronautical Center Infrastructure Modernization ................................................... 13,000,000 13,000,000 11,700,000 13,000,000

Frequency and Spectrum Engineering ........... 3,600,00 1,930,000 2,600,000 1,930,000

NAS Interference, Detection, Location and 

Mitigation ................................................... 1,000,000 1,000,000 0 0

Category 5: Improve the Efficiency of Mission Support .............................................. 458,221,700 452,341,700 444,571,700 446,853,800

NAS Improvement of System Support Laboratory ............................................................. 2,700,000 2,700,000 0 0

Technical Center Facilities ............................ 14,000,000 11,000,000 3,300,000 13,000,000

Technical Center Building and Plant Support 3,500,000 3,500,000 3,500,000 3,500,000

En Route Communications and Control Facilities Improvements ................................ 1,203,390 1,203,390 1,203,390 1,203,390

DOD/FAA Facilities Transfer ........................... 1,200,000 1,200,000 3,250,000 3,250,000

Terminal Communications—Improve ............ 1,012,000 1,012,000 112,000 112,000

Flight Service Facilities Improvement ........... 1,276,890 1,276,890 476,890 476,890

Navigation and Landing Aids—Improve ....... 5,929,420 5,929,420 5,929,420 5,929,420

FAA Buildings and Equipment ....................... 11,200,000 11,200,000 11,200,000 11,200,000

Air Navigational Aids and ATC Facilities 

(Local Projects) .......................................... 2,200,000 2,200,000 2,200,000 2,200,000

Computer Aided Eng and Graphics (CAEG) 

Modernization ............................................. 2,000,000 2,000,000 1,000,000 1,000,000

Information Technology Integration ............... 1,600,000 0 1,600,00 0

NAS Aeronautical Info Management Enterprise System .............................................. 10,300,000 10,300,000 10,300,000 10,300,000

Logistics Support Systems and Facilities 

(LSSF) ......................................................... 5,000,000 5,000,000 5,000,000 5,000,000

Test Equipment—Maintenance Support for 

Replacement .............................................. 4,000,000 4,000,000 4,000,000 4,000,000

Facility Security Risk Management ............... 41,600,000 30,000,000 36,900,000 30,000,000

Information Security ....................................... 11,500,000 8,000,000 11,500,000 8,000,000

Distance Learning .......................................... 1,400,000 1,400,000 1,400,000 1,400,000

National Airspace System (NAS) Training Facilities ........................................................ 4,200,000 4,200,000 4,200,000 4,200,000

System Engineering and Development Support ............................................................ 28,300,000 28,300,000 25,800,000 25,800,000

Program Support Leases ................................ 41,100,000 41,100,000 41,100,000 41,100,000

Logistics Support Services (LSS) ................... 7,900,000 7,900,000 7,900,000 7,900,000

Mike Monroney Aeronautical Center—Leases 14,600,000 14,600,000 14,600,000 14,600,000

In-Plant NAS Contract Support Services ....... 2,800,000 9,800,000 0 0

DCAA Audits ................................................... 0 0 0 3,000,000

Transition Engineering Support ..................... 39,800,000 39,800,000 35,000,000 35,000,000

FAA Corporate Systems Architecture ............. 1,000,000 1,000,000 0 0

Technical Support Services Contract (TSSC) 47,600,000 47,600,000 46,700,000 42,562,100

924

Item FY 2004

estimate House Senate Conferenceagreement 

Resource Tracking Program (RTP) ................. 3,600,000 3,600,000 3,600,000 3,600,000

Center for Advanced Aviation System Development ....................................................... 90,800,00 84,620,000 82,000,000 84,620,000

Operational Evolution Plan ............................ 2,000,000 0 26,000,000 21,000,000

NAS Facilities OSHA and Environmental 

Standards Compliance .............................. 28,300,000 28,300,000 28,300,000 28,300,000

Fuel Storage Tank Replacement and Monitoring ......................................................... 5,600,000 5,600,000 7,500,000 5,600,000 

Hazardous Materials Management ................ 19,000,000 19,000,000 19,000,000 19,000,000

Research Aircraft Replacement ..................... 0 15,000,000 0 10,000,000

Category 6: PCB&T Only ................................ 448,540,000 420,841,200 435,480,000 420,841,200

Personnel and Related Expenses ................... 448,540,000 420,841,200 435,480,000 420,841,200

Category 7: Accountwide Adjustments .......... 0 0 100,000,000 0

Airports Grants ............................................... 0 0 100,000,000 0

Totals ................................................ 2,916,000,000 2,900,000,000 2,916,000,000 2,910,000,000

Terminal air traffic control facilities replacement.—The conference agreement provides $158,245,000 for this program. Funds 

shall be distributed as follows: Location Conference agreement 

Atlanta, GA ............................................................................................ $74,159,900 

Cleveland, OH ........................................................................................ 4,000,000 

Morristown, NJ ...................................................................................... 1,300,000 

Dayton, OH ............................................................................................ 4,000,000 

Wilkes Barre, PA ................................................................................... 920,000 

Oshkosh, WI ........................................................................................... 385,000 

Toledo, OH .............................................................................................. 975,000 

Abilene, TX ............................................................................................. 1,760,000 

Cahokia, IL ............................................................................................. 625,000 

Memphis, TN .......................................................................................... 5,000,000 

Baltimore, MD ....................................................................................... 600,000 

Deer Valley, AZ ...................................................................................... 5,658,300 

Oakland, CA ........................................................................................... 21,636,600 

Manchester, NH ..................................................................................... 8,300,000 

St. Louis, MO (Tracon) .......................................................................... 1,195,500 

Addison Field, Dallas, TX ..................................................................... 2,005,000 

Reno, NV ................................................................................................ 2,000,000 

Seattle, WA ............................................................................................ 2,000,000 

Seattle, WA (Tracon) ............................................................................. 5,280,000 

Fort Wayne, IN ...................................................................................... 1,220,000 

Newark, NJ ............................................................................................ 500,000 

Port Columbus, OH ............................................................................... 700,000 

Billings, MT ............................................................................................ 3,000,000 

Savannah, GA ........................................................................................ 1,000,000 

Newburgh, NY ....................................................................................... 1,500,000 

Richmond, VA ........................................................................................ 1,000,000 

Vero Beach, FL ...................................................................................... 750,000 

Everett, WA ............................................................................................ 2,000,000 

Roanoke, VA ........................................................................................... 1,500,000 

Merrimack, NH (Tracon) ....................................................................... 3,217,700 

Phoenix, AZ ............................................................................................ 3,027,000 

Warrenton, VA ....................................................................................... 4,110,000 

Dulles International, Chantilly, VA ..................................................... 4,500,000 

Topeka, KS ............................................................................................. 1,500,000 

Newport News, VA ................................................................................ 2,000,000 

Battle Creek, MI .................................................................................... 1,000,000

Mathis, CA ............................................................................................. 4,300,000 

Huntsville International ....................................................................... 8,000,000 

Front Range Airport, CO ...................................................................... 2,920,000 

925

Location Conference agreement 

McCarran International, NV ................................................................ 4,000,000 

Cherry Capital Airport, MI ................................................................... 4,000,000

Spokane International, WA .................................................................. 8,000,000 

Boise Airport, ID .................................................................................... 4,000,000

Phoenix Sky Harbor, AZ ....................................................................... 2,000,000 

Tulsa International Airport, OK .......................................................... 2,500,000 

Kalamazoo/Battle Creek Intl, MI ......................................................... 2,500,000 

Palm Beach International, FL .............................................................. 1,600,000

Provo, UT ............................................................................................... 1,000,000 

Missoula, MT .......................................................................................... 3,000,000

Las Cruces, NM ..................................................................................... 1,100,000 

Traverse City, MI .................................................................................. 2,000,000 

Long Island, NY ..................................................................................... 1,000,000 

John C. Stennis, Pascagoula, MS ......................................................... 2,000,000 

Total ............................................................................................. 158,245,000

Precision runway monitors.—The conferees expect the FAA to 

proceed with the acquisition, installation, and operation of a precision runway monitor at Cleveland Hopkins International Airport. 

The City of Cleveland has devoted significant time and effort to facilitate the acquisition of a PRM system to complement runway improvements at the airport. Because the PRM is a key component 

of the overall modernization effort, the conferees expect FAA to 

proceed expeditiously with this project to ensure the PRM is operational when the new runway opens in the year 2004. 

Advanced technology development and prototyping.—The conference agreement includes $70,100,000 for advanced technology 

development and prototyping instead of $52,600,000 as proposed by 

the House and $76,600,000 as proposed by the Senate. The following table compares the conference agreement to the House and 

Senate bills by budget activity:

House bill Senate bill Conference 

agreement 

Runway incursion ........................................................................................ $8,200,000 $8,200,000 $8,200,000 

Aviation system capacity improvement ...................................................... 6,500,000 6,500,000 6,500,000 

Separation standards ................................................................................. 2,500,000 2,500,000 2,500,000 

Airspace management laboratory ............................................................... 7,000,000 0 0 

GA/vertical flight technology ...................................................................... 1,400,000 1,400,000 1,400,000 

Operational concept validation ................................................................... 2,700,000 2,700,000 2,700,000 

Software engineering .................................................................................. 1,500,000 0 0 

NAS requirements development .................................................................. 3,000,000 3,000,000 3,000,000 

Domestic RVSM ........................................................................................... 1,900,000 1,900,000 1,900,000 

Safer skies .................................................................................................. 3,400,000 3,400,000 3,400,000 

Lithium technologies to mitigate ASR ........................................................ 1,000,000 0 1,000,000 

Wind/weather research, Juneau, AK ........................................................... 0 6,000,000 6,000,000 

Phased array radar technology ................................................................... 3,000,000 0 3,000,000 

Airport research .......................................................................................... 7,500,000 15,000,000 12,000,000 

Fogeye ......................................................................................................... 0 0 2,000,000 

Required navigation performance (RNP) .................................................... 2,000,000 0 0 

NAS safety assessment .............................................................................. 1,000,000 1,000,000 1,000,000 

Automated airborne flight alert system ..................................................... ........................ 3,500,000 3,000,000 

Cabin air quality research .......................................................................... ........................ 8,500,000 8,500,000 

Pulsed fast neutron analysis (PFNA) .......................................................... ........................ 7,500,000 4,000,000 

Unspecified ................................................................................................. ........................ 5,500,000 0

Total ............................................................................................... 52,600,000 76,600,000 70,100,000

Airport research.—Of the $12,000,000 provided, $4,000,000 is 

for the airfield improvement program under section 905 of Public 

Law 106–181 and to expand the program to include asphalt; and 

$1,500,000 is to continue evaluation of the runway obstruction 

926

warning system at Gulfport-Biloxi Airport, MS, as proposed by the 

Senate. 

Automated airborne flight alert system.—The conference agree- ment provides $3,000,000 for the Automated Airborne Flight Alert 

System (AAFAS). The AAFAS program is a demonstration of a prototype rapid response capability to transmit flight data from commercial-type aircraft using data management and communications 

equipment already installed on most modern aircraft through software modernization. The conferees agree that the funding is a continuation of previous AAFAS work presently underway. 

Pulsed fast neutron analysis.—The conferees agree to provide $4,000,000 for a demonstration of pulsed fast neutron analysis 

technology at George W. Bush Intercontinental Airport in Houston, 

Texas, instead of $7,500,000 proposed by the Senate. The conferees 

direct FAA to provide a status report on this demonstration to the 

House and Senate Committees on Appropriations no later than 

July 1, 2004.

Standard terminal automation replacement system (STARS).— In a recent audit, the Inspector General has raised several concerns over the deployment strategy for the STARS system, and has 

recommended that the FAA perform detailed life cycle cost analyses justifying the costs and benefits of replacing the common 

ARTS sites with STARS. While the conferees support the STARS 

program, it is not clear at this time whether the most cost-effective 

strategy would result in an all-STARS deployment, or one where 

common ARTS and STARS are both maintained in the national airspace system. The conferees direct the agency not to obligate the 

government contractually during fiscal year 2004 to actions which 

would involve replacement of common ARTS systems or ARTS color 

displays until the Inspector General reviews and validates the life 

cycle cost studies and other relevant analyses provided to FAA’s 

Joint Resources Council to justify and rebaseline the program. 

However, this does not prohibit the agency from including such activities in contract options that the agency could exercise after full 

review and approval is received. The conferees are neutral on the 

issue of STARS deployment, and await the FAA’s detailed analyses 

and the Inspector General’s review. 

En route automation.—The conferees provide $307,700,000 for en route automation, a reduction of $40,000,000 below the budget 

estimate. The conferees agree that this program requires close 

scrutiny, including the IG review directed by the Senate. 

Approach lighting system improvement program.—The conference agreement for this program shall be distributed as follows:

Location Item Conference

agreement 

Items included in budget ........................................... .................................................................................... $14,200,000 

Max Westheimer Airport, OK ....................................... Install MALSR with REIL and ILS .............................. 800,000 

Gary/Chicago Airport, IN ............................................. Replace naviad; upgrade RVR; centerline lighting ... 1,200,000 

Baton Rouge Metro, LA ............................................... Category II runway lighting ....................................... 1,000,000 

North Las Vegas and Henderson Executive, NV ......... REILs .......................................................................... 500,000 

Lambert St. Louis Intl, MO ......................................... Navaids; ASDE–X; ATCT; PRM; ALSF–2 relocate ....... 2,000,000 

Hartsfield International, GA ........................................ Install ALSF–2 on runway 26R and 27L ................... 2,000,000 

Cincinnati International, OH ....................................... Navaids for new north-south runway, 17/35 ............ 2,000,000 

Wichita Mid-Continent, KS ......................................... Instrument approach lighting, runway 19L ............... 500,000 

Colonel James Jabara Airport, KS .............................. Instrument approach lighting .................................... 600,000 

Various nationwide ..................................................... National procurement of MALSR systems ................. 5,000,000 

927

Location Item Conference

agreement 

Alaska statewide rural lighting phase III .................. Airfield lighting .......................................................... 8,000,000 

Bessmer Regional, AL ................................................. Lights and navigation aids ....................................... 250,000 

Cleveland Hopkins International, OH ......................... Precision approach path indicators (PAPI) ............... 175,000 

False Pass, AK ............................................................ Navigational lighting ................................................. 2,000,000 

Green County Regional, GA ........................................ MALSR ........................................................................ 250,000 

Hartsfield International, GA ........................................ ALSF–2 approach lighting system (5th runway) ....... 2,000,000 

Rhode Island Airport Corporation ............................... REIL and PAPI ............................................................ 2,500,000 

Seattle-Tacoma International, WA .............................. Approach lighting for runway 16 .............................. 4,000,000

Total .............................................................. .............................................................................. 48,975,000 

Instrument landing system establishment.—The conference 

agreement for this program shall be distributed as follows:

Location Item Conference

agreement 

Items in President’s budget ....................................... Various nationwide .................................................... $20,700,000

Reduction to President’s budget ................................ Various nationwide .................................................... ¥2,700,000

Gadsden Airport, AL .................................................... Purchase and install ILS ........................................... 2,000,000

McCook Municipal, NE ................................................ Purchase and install ILS ........................................... 910,000

Leesburg Executive, VA ............................................... Purchase and install ILS/glideslope .......................... 1,000,000

Baxter County Regional, AR ....................................... Purchase and install ILS ........................................... 1,000,000

Logan Airport, UT ........................................................ Purchase and install ILS with MALSR ....................... 1,750,000

Lee Gilmer Memorial, GA ............................................ Purchase and install ILS ........................................... 1,000,000

Eugene Airport, OR ..................................................... Install category I ILS with ALS, PAPI, REILs ............. 750,000

Harnett County Airport, NC ......................................... Purchase and install ILS ........................................... 700,000

Eagle River Union A/P, WI .......................................... Install localizer, ALS, and DME ................................. 625,000

Anson County Airport, NC ........................................... ILS and AWOS ............................................................ 1,500,000 

Freeman Municipal Airport, IN ................................... Glideslope and AWOS ................................................. 355,000

Bishop Airport, CA ...................................................... Purchase and install ILS ........................................... 800,000

Stevens Point Municipal, WI ....................................... Install ILS, DME, glideslope, localizer, MALSR and 

outer marker.

1,500,000

Cleveland Hopkins Intl, OH ........................................ Purchase and install ILS on runway 10; 2 PAPIs ..... 1,500,000

Big Sandy Airport, KY ................................................. Purchase and install ILS ........................................... 300,000

Williamsburg/Whitley Cty, KY ..................................... Purchase and install ILS ........................................... 1,000,000

Baraboo-Wisconsin Dells, WI ...................................... Unspecified ................................................................ 375,000

Baton Rouge Municipal, LA ........................................ Unspecified ................................................................ 500,000

Cincinnati/N. Kentucky Intl, OH .................................. Unspecified ................................................................ 1,500,000

Craig SPB, AK ............................................................. Unspecified ................................................................ 2,000,000

Eagle County Regional, CO ........................................ Unspecified ................................................................ 2,000,000

North Little Rock Municipal, AR ................................. Unspecified ................................................................ 1,200,000

Eastern Iowa, IA ......................................................... Unspecified ................................................................ 1,500,000

O’Hare International, Chicago, IL ............................... Unspecified ................................................................ 1,500,000

Olive Branch, MS ........................................................ Unspecified ................................................................ 850,000

Sumter Municipal, SC ................................................. Unspecified ................................................................ 1,500,000

Western Nebraska Regional/William B. Helig Field, 

NE.

Unspecified ................................................................ 1,000,000

Total .............................................................. .............................................................................. 48,615,000

Oceanic automation system.—The conferees agree to an IG 

audit of this program, as proposed by the Senate, but direct the IG 

to compare FAA’s pursuit of oceanic automation capabilities not 

only to the experience of NavCanada, but to Airservices Australia 

and other major oceanic ATC service providers. 

New York integrated control complex.—The conferees agree to provide $5,000,000 for continued analysis of a New York integrated 

control complex as proposed by the Senate instead of $2,000,000 

proposed by the House. While the conferees support further analysis of this potential consolidation, such project should not receive 

higher funding or schedule priority than the Houston area air trafVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00931 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
928

fic system, which preceded it in time and is projected to provide 

significant benefit to air traffic in that region. Given future budget 

constraints, it is likely that the agency will have to phase consolidation projects, no matter how meritorious. First funding priority 

should be given to the Houston project, which is already underway. 

Determination of operations versus capital budgeting.—The 

House and Senate Committees have noted several instances this 

year of activities budgeted in the capital appropriation that appear 

to be ongoing operating expenses. In many cases, these expenses 

have been either denied or transferred to the operations budget. 

While the conferees understand there is significant pressure on 

FAA’s operating budget, those pressures should be addressed by 

controlling or avoiding the expenses directly, rather than by transferring them to another account. To gain further insight into this 

issue, the conferees direct the U.S. General Accounting Office to 

conduct an audit of FAA’s policies for determining when an expense should be budgeted in the operating budget or the capital 

budget. This should include a detailed look at policies and practices 

for budgeting personnel compensation, benefits, travel, and related 

expenses in the capital budget. In addition, the conferees request 

the GAO to compare these policies to those of the Department of 

Defense and other civilian agencies with large acquisition budgets. 

This report should be submitted to the House and Senate Committees on Appropriations by April 15, 2004. 

Free flight phase one.—The conferees believe that some of the 

activities presented under this program appear to be for sustaining 

engineering or similar operating expenses. The conferees encourage 

FAA to include those expenses in the agency’s operating budget in 

future budget requests. 

Global communication, navigation, and surveillance systems 

initiative.—The conference agreement includes $20,000,000 for the 

global communication, navigation, and surveillance systems 

(GCNSS) initiative. The conferees direct the FAA to submit a report on this initiative to the House and Senate Committees on Appropriations no later than March 31, 2004. The report should detail 

the status of planned fiscal year 2004 activities for the program as 

well as the anticipated future funding requirements for this initiative. 

VOR/DME.—The conferees agree that, of the funds provided 

for VOR/DME, the following allocations shall be made, as proposed 

by the House: Sarasota/Bradenton International Airport, FL (relocate VORTAC, including land acquisition), $4,500,000; John F. 

Kennedy Memorial Airport, WI (install VOR and DME), $400,000; 

and Rice Lake Regional Airport, WI (install VOR and DME), 

$400,000. 

Facilities at the FAA Technical Center.—The conferees request 

the FAA Administrator to submit a report to the House and Senate 

Committees on Appropriations, no later than February 15, 2004, 

concerning the status of civil aviation security research and development facilities at the FAA Technical Center. The report should 

address any facilities or space formally transferred to the Department of Homeland Security as well as cost savings attributable to 

such transfer. The responsibilities for civil aviation security were 

largely transferred to DHS in 2001. Although the FAA had several 

929

security-related facilities at the FAA Technical Center, it is not yet 

clear from budget documentation whether appropriate facilities 

costs and support costs have been adjusted to reflect the transfer 

of this mission. 

Facility security risk management.—The conferees are not clear 

why this program has such a large unobligated balance, given the 

agency’s internal reprogramming of funds to accelerate these 

projects in late 2001 and supplemental funding provided in the 

same year. The FAA is directed to provide a report, no later than 

January 15, 2004, to the House and Senate Committees on Appropriations explaining the cause of the unobligated balance and the 

agency’s plan to eliminate it. Considering this backlog, the conference agreement provides $30,000,000 as proposed by the House 

instead of $36,900,000 as proposed by the Senate. 

DCAA audits.—The conferees share the concern of the House 

that FAA should not be curtailing Defense Contract Audit Agency 

(DCAA) audits when ongoing programs still suffer major cost overruns and billing disputes. When this responsibility was transferred 

to individual modes from the Office of Inspector General a few 

years ago, the IG warned that agencies should not be allowed to 

reduce or eliminate those audits. Unfortunately, due to lax management the agency has done just that. The conferees re-emphasize 

to FAA that these valuable audits should be increased and used on 

most, if not all, major acquisition programs of the agency. The conference agreement includes $3,000,000 solely for this purpose. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

(RESCISSION)

The conference agreement includes a rescission of unobligated 

balances from ‘‘Facilities and equipment’’ of $30,000,000. The Secretary is directed to advise the House and Senate Committees on 

Appropriations on the distribution of this rescission prior to its implementation. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement provides $119,439,000 for research, 

engineering, and development instead of $108,000,000 as proposed 

by the House and $118,939,000 as proposed by the Senate. The following table compares the conference agreement to the budget estimate and the House and Senate bills by budget activity:

Program House bill Senate bill Conference

agreement 

Improve Aviation Safety: 

Reduce commercial aviation fatalities: 

Fire research and safety ............................................... $8,458,000 $8,725,000 $9,725,000 

Propulsion and fuel systems ........................................ 802,000 4,802,000 4,802,000

Advanced materials/structural safety .......................... 1,244,000 5,244,000 5,744,000 

Flight safety/atmospheric hazards ............................... 3,217,000 4,217,000 3,217,000 

Aging aircraft ................................................................ 18,336,000 17,036,000 17,036,000 

Aircraft catastrophic failure prevention ....................... 762,000 762,000 762,000 

930

Program House bill Senate bill Conference

agreement 

Flightdeck safety/systems integration .......................... 6,782,000 6,782,000 6,782,000 

Reduce general aviation fatalities: 

Propulsion and fuel systems ........................................ 344,000 1,344,000 1,844,000

Advanced materials/structural safety .......................... 1,522,000 1,522,000 1,522,000 

Flight safety/atmospheric hazards ............................... 1,378,000 1,378,000 1,378,000 

Aging aircraft ................................................................ 3,584,000 3,584,000 3,584,000 

Flightdeck safety/systems integration .......................... 1,612,000 1,612,000 1,612,000 

Aviation System Safety: 

Aviation safety risk analysis ........................................ 6,926,000 7,898,000 7,898,000 

ATC/AF human factors .................................................. 8,899,000 8,899,000 8,899,000 

Aeromedical research .................................................... 6,382,000 9,382,000 8,882,000

Weather research .......................................................... 20,852,000 20,852,000 20,852,000 

Improve Efficiency of the ATC System: Weather research efficiency .......................................................................................... 5,000,000 3,000,000 3,000,000 

Reduce Environmental Impacts: Environment and energy ............ 7,975,000 7,975,000 7,975,000 

Improve Mission Efficiency: 

System planning and resource mgmt ................................... 500,000 500,000 500,000 

Technical laboratory facilities ............................................... 3,425,000 3,425,000 3,425,000

Total ................................................................................... 108,000,000 118,939,000 119,439,000

REDUCE COMMERCIAL AVIATION FATALITIES

Fire research and safety.—Of the funds provided for fire research and safety, $1,000,000 is for an advanced cargo monitoring 

system, and $1,000,000 is for advanced reticulated polyurethane 

safety foam. 

Propulsion and fuel systems.—Of the funds provided for propulsion and fuel systems, $3,000,000 is to study molecular markers 

designed to detect the adulteration or dilution of jet fuel and 

$1,000,000 is for the Specialty Metals Processing Consortium. 

Advanced materials/structural safety.—Of the funds provided 

for advanced materials/structural safety, $4,000,000 is for the National Institute for Aviation Research and $500,000 is for the FAA 

Center for Excellence for Applied Research and Training in the Use 

of Advanced Materials in Transport Aircraft. 

REDUCE GENERAL AVIATION FATALITIES

Propulsion and fuel systems.—Of the funds provided for propulsion and fuel systems, $1,000,000 is for ethanol fuel research as 

proposed by the Senate, and $500,000 is for continued research into 

technologies for modifications to existing general aviation piston 

engines to enable their safe operation using lower octane unleaded 

fuel. 

AVIATION SYSTEM SAFETY

Aeromedical research.—Within the amount provided for 

aeromedical research, the conference agreement includes 

$2,500,000 for the studies and analysis called for in the National 

Research Council’s study on the impact of cabin air quality on crew 

and passenger health. 

931

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes a liquidating cash appropriation of $3,400,000,000, as proposed by the Senate. The House 

had no similar appropriation. 

Obligation limitation.—The conferees agree to an obligation 

limitation of $3,400,000,000 for the ‘‘Grants-in-aid for airports’’ program as proposed by the Senate. The House bill contained no similar limitation.

Administration.—The conference agreement includes a limitation on administrative expenses of $66,254,000 instead of 

$66,638,000 as proposed by the Senate. The conference agreement 

distributes funding as follows:

Activity Amount 

FY03 base amount ................................................................................. $63,207,000 

Mandatory adjustments ........................................................................ 2,907,000 

Discretionary adjustments: 

Airport financial reporting system ................................................ ¥500,000 

PFC program analysis .................................................................... ¥300,000 

Environmental streamlining .......................................................... 225,000 

Airport data system modification ......................................................... 400,000 

Wildlife hazard mitigation .................................................................... 315,000 

Total ............................................................................................. 66,254,000

Small community air service development pilot program.—The 

bill includes $20,000,000 under the obligation limitation to continue the small community air service development pilot program, 

as proposed by the Senate. The House had no similar funding. This 

is consistent with actions taken in fiscal years 2002 and 2003. 

Installation of bulk explosive detection systems.—The bill includes a provision proposed by the Senate prohibiting funds for the 

replacement of baggage conveyor systems, reconfiguration of terminal baggage areas, or other airport improvements necessary to 

install bulk explosive detection systems. Funding responsibility for 

these activities has now transferred to the Department of Homeland Security. 

San Diego Airport.—The conferees remain concerned over the 

Air Transportation Action Plan (ATAP) site selection process being 

conducted by the San Diego County Regional Airport Authority. 

The authority has selected sites for review without considering 

whether the potential sites are even available. Of particular concern, most of the selected sites are important active military installations which are unavailable for civilian use. 

Priority consideration for letters of intent.—The conferees agree 

that FAA should give priority consideration to letter or intent applications for improvement projects at Gary/Chicago Airport and 

Birmingham International Airport during fiscal year 2004. 

High priority projects.—Of the funds covered by the obligation 

limitation in this bill, the conferees direct FAA to provide not less 

than the following funding levels, out of available resources, for the 

following projects in the corresponding amounts. The conferees 

932

agree that state apportionment funds may be construed as discretionary funds for the purposes of implementing this provision. To 

the maximum extent possible, the administrator should work to ensure that airport sponsors for these projects first use available entitlement funds to finance the projects. However, the FAA should not 

require sponsors to apply carryover entitlements to discretionary 

projects funded in the coming year, but only those entitlements applicable to the fiscal year 2004 obligation limitation. The conferees 

further direct that the specific funding allocated above shall not diminish or prejudice the application of a specific airport or geographic region to receive other AIP discretionary grants or 

multiyear letters of intent. 

Airports to receive priority consideration for grant funding.—

The conferees agree that Slidell Airport, LA and Paulding County 

Airport, GA are to be given priority consideration for discretionary 

grant funding by the FAA during fiscal year 2004.

Airport Project description Conference

agreement 

A. L. Mangham, Jr. Regional Airport, TX .................... Various improvements ............................................... $2,000,000 

Abbeville Regional Airport, AL .................................... Runway Extension ...................................................... 1,000,000 

Abilene Regional, TX ................................................... Various improvements ............................................... 2,000,000 

Alaska statewide airports ........................................... Runway and related improvements ........................... 3,000,000 

Albany International, NY ............................................. Runway extension ...................................................... 750,000 

Altus/Quartz Mountain Regional, OK .......................... Infrastructure improvements ..................................... 500,000 

Andrews Municipal Airport, SC ................................... Pavement reconstruction ........................................... 1,000,000 

Andrews Murphy Airport, NC ...................................... Various improvements ............................................... 1,521,900 

Anoka County-Blaine Airport, MN ............................... Runway Extension ...................................................... 2,000,000 

Arnold Palmer Regional, PA ....................................... Extend runway 5–25 .................................................. 2,500,000 

Atka Airport, AK .......................................................... Runway Extension ...................................................... 1,500,000 

Augusta Regional Airport at Bush Field, GA ............. Terminal Construction, Runway Rehabilitation, Various improvements.2,500,000

Austin Straubel International Airport, WI ................... Various improvements ............................................... 2,500,000 

Bastrop-Morehouse Memorial Aviation Park, LA ........ Various improvements ............................................... 800,000 

Baton Rouge Metropolitan, LA .................................... Noise mitigation; various improvements ................... 2,100,000 

Bert Mooney Airport, MT ............................................. Airport Improvements ................................................. 750,000 

Bessemer Airport, AL .................................................. Runway improvements, security improvements, and 

other improvements.

1,500,000 

Birmingham International Airport, AL ........................ Land Acquisition, Runway Extension ......................... 2,000,000 

Bowman Field, KY ....................................................... Apron & Taxiway Reconstruction ............................... 1,500,000 

Bremerton National Airport, WA ................................. Runway & Taxiway Lengthening & Strengthening .... 4,000,000 

Brunswick County Airport, NC .................................... Runway and taxiway improvements .......................... 500,000 

Burlington-Alamance, NC ........................................... Runway extension ...................................................... 1,000,000 

Cape May Airport, NC ................................................. Drainage system rehabilitation; obstruction study/

removal.

1,080,000 

Central Nebraska Regional Airport, NE ...................... Rehabilitate Runway 17–35 and Connecting Taxiway.2,000,000 

Central Wisconsin Airport, WI ..................................... Primary air carrier runway/parallel taxiway reconstruction.6,000,000 

Chattanooga Metropolitan, TN .................................... Rehabilitate runway 15/33 ........................................ 3,500,000 

Chickasha Municipal, OK ........................................... Planning/justification for runway extension .............. 100,000 

Chippewa County International, MI ............................ New terminal .............................................................. 1,000,000

Cincinnati Lunken Airport, OH .................................... Apron construction ..................................................... 250,000

Clarion County Airport, PA .......................................... Runway expansion ..................................................... 1,500,000

Cold Bay Airport, AK ................................................... Terminal Facilities ..................................................... 1,000,000

Concord Regional Airport, NC ..................................... Runway Extension ...................................................... 2,750,000

Connellsville Airport, PA ............................................. Runway Expansion ..................................................... 850,00

Council Bluffs Municipal Airport, IA .......................... Runway Expansion ..................................................... 2,000,000

Dane County Regional Airport-Truax Field, WI ........... Runway 14 Safety Area Construction ........................ 4,000,000

Dekalb Taylor Municipal, IL ........................................ MALSR; easements; glidseloope; land acquisition for 

RPZ.

4,555,000 

Denton Municipal Airport, TX ..................................... Airport Improvements ................................................. 2,000,000 

Detroit Metropolitan Wayne County Airport, MI .......... Various improvements ............................................... 3,500,000

933

Airport Project description Conference

agreement 

Double Eagle II Airport, NM ........................................ Runway 17–35 Reconstruction .................................. 2,000,000

Egegik Airport, AK ....................................................... Runway Improvements ............................................... 1,500,000

Elton Hensley Memorial Airport, MO ........................... New Runway ............................................................... 2,900,000

Erie-Ottawa Regional Airport, OH ............................... Various improvements ............................................... 1,500,000 

Fairbanks International, AK ........................................ Terminal redevelopment ............................................. 1,000,000 

Fairfield County Airport, SC ........................................ Runway extension ...................................................... 440,000 

False Pass Airport, AK ................................................ Various Improvements ............................................... 1,500,000 

Fort Dodge Airport, IA ................................................. Extension of runway 12/30 ........................................ 734,000 

Gallatin Field Airport, MT ........................................... Various Improvements ............................................... 1,000,000

Galveston Scholes International, TX ........................... Taxiway Improvement ................................................. 2,500,000

General Mitchell International, WI .............................. Taxiway construction, taxiway rehab, and apron 

rehab.

2,400,000 

Glacier Park International Airport, Kalispell, MT ....... Various Improvements ............................................... 750,000

Goshen Municipal, IN ................................................. ALP update, land and road relocation ...................... 1,000,000

Greene County Regional Airport, GA ........................... Runway lengthening and improvement ..................... 1,000,000

Gulfport-Biloxi Regional Airport, MS .......................... General Aviation & Cargo Development .................... 2,850,000

Guntersville Municipal, AL .......................................... Various Improvements ............................................... 500,000 

Halifax-Northampton Regional, NC ............................ Airport construction ................................................... 1,000,000

Hammonton Airport, NC .............................................. Security fencing; construction of new apron; EA ...... 585,000

Hancock International, NY .......................................... Various improvements, including acquisition of 

jetways.

750,000

Harnett County Airport, NC ......................................... Phase 2 runway and taxiway extension .................... 1,000,000

Hector International Airport, ND ................................. Runway Reconstruction .............................................. 6,000,000 

Helena Regional Airport, MT ....................................... Terminal Remodeling & Expansion Project ............... 1,000,000 

Hickory Regional Airport, NC ...................................... Runway lighting and apron pavement overlay ......... 1,000,000 

Houma Terrebone Airport, LA ...................................... Upgrade runway ......................................................... 3,000,000 

Indiana County-Jimmy Stewart Airport, PA ................ Runway extension ...................................................... 810,000 

Jackson International Airport, MS .............................. Terminal, Apron & Taxiway Replacement, and other 

improvements.

1,500,000 

Juneau Harbor Seaplane Base, AK ............................. Snow Removal Equipment ......................................... 1,000,000 

Kay Larkin Municipal, FL ............................................ Update airport layout plan, perform environmental 

analysis.

750,000 

Ketchikan International Airport, AK ............................ Various Improvements ............................................... 500,000 

Killeen/Fort Hood Joint Use Airport, TX ...................... Safety improvements ................................................. 2,750,000 

Kodiak Airport, AK ....................................................... Terminal Improvements ............................................. 1,000,000 

La Crosse Municipal, WI ............................................. Taxiways ..................................................................... 2,400,000 

Lafayette Regional, LA ................................................ Taxiway and runway improvements ........................... 750,000 

Lampson Airport, CA ................................................... Wastewater collection system .................................... 750,000 

Lawrence Municipal, KS ............................................. Various improvements ............................................... 1,000,000 

Lehigh Valley International Airport, PA ...................... Various Improvements ............................................... 1,000,000 

Long Island Islip MacArthur Airport, NY .................... Various improvements ............................................... 1,000,000 

Louis Armstrong New Orleans International Airport, 

LA.

Airfield Safety Improvement Program, Various improvements.3,000,000 

Louisville International, KY ......................................... Extension of west runway; upgrade runway safety 

area.

2,000,000

Mahlon Sweet Field, OR ............................................. Parallel Runway construction and other improvements.2,250,000 

Marion-Crittenden County Airport, KY ........................ Runway Paving .......................................................... 800,000 

Maryville Memorial Airport, MO .................................. Terminal Facility, Various improvements .................. 500,000 

McKinney Municipal Airport, TX .................................. Runway & Taxiway Rehabilitation ............................. 4,000,000 

McMinn County Airport, TN ......................................... Lengthen/widen runway; extend taxiway; land acquisition.2,000,000

Meadows Field, CA ..................................................... Apron, taxiway improvements .................................... 5,000,000

Midway Airport, IL ....................................................... Various improvements ............................................... 4,000,000

Minneapolis-St. Paul International, MN ..................... Pavement rehabilitation and de-icing pad ............... 2,500,000

Missoula International Airport, MT ............................. Land Acquisition ........................................................ 4,000,000

Mobile Downtown Airport (BFM), AL ........................... Rehabilitate Ramp and other improvements ............ 1,000,000

Montgomery Regional (Dannelly Field) Airport, AL ..... Terminal Expansion & Renovation ............................. 2,000,000

Monticello Airport, KY ................................................. Parallel taxiway extension ......................................... 650,000

Mt. Pleasant Municipal, MI ........................................ Planning for upgrades ............................................... 150,000

Nashville International Airport, TN ............................. Taxiway Widening, Airfield Reconstruction ................ 2,225,000

New Castle County Airport, DE ................................... Rehabilitation of Runway 1–19 & Taxiway M ........... 2,000,000

Niagara Falls International, NY .................................. Apron expansion and taxiway .................................... 1,000,000

North Pickens Airport, AL ........................................... Land Acquisition, RSA Improvements, Runway Overlay.500,000

934

Airport Project description Conference

agreement 

Northwest Arkansas Regional, AR .............................. Construction of cargo apron and taxiway ................. 2,500,000

Oakland County International, MI .............................. Design of crosswind runway; upgrade lighting; 

noise program.

3,000,000

Ohio University, OH ..................................................... Airport Improvements ................................................. 1,000,000

Orlando Sanford International Airport, FL .................. 9R/27L Runway Extension ......................................... 500,000

Owensboro-Daviess County Airport, KY ...................... Various Improvements to Terminal, Parking & Runway Areas.1,000,000

Paragould Municipal, AR ............................................ Master plan and parallel taxiway ............................. 1,000,000

Paulding County Airport, GA ....................................... Runway construction .................................................. 1,000,000

Pellston Regional Airport, Emmet County, MI ............ New Passenger Terminal Building ............................. 1,000,000

Philadelphia International, PA .................................... Various improvements ............................................... 2,250,000

Phoenix Sky Harbor International, AZ ......................... Noise mitigation program .......................................... 2,500,000

Pittsburgh International Airport, PA ........................... Runway and taxiway improvements and terminal 

building modifications.

2,000,000

Plattsburgh International Airport, NY ......................... Redevelopment and Capital Improvements ............... 2,500,000

Port Authority of New York & New Jersey, NJ ............ School soundproofing ................................................. 1,000,000

Pryor Field Regional, AL ............................................. Various improvements ............................................... 3,000,000

Redlands Municipal, CA ............................................. Security enhancements: lighting, cameras, intrusion 

sensors.

200.000

Reno/Stead Airport, NV ............................................... Runway Reconstruction, Taxilane Construction, 

Overlay.

2,000,000 

Rhode Island Airport Corporation ............................... Various Improvements ............................................... 1,000,000 

Richard B. Russell Airport, GA ................................... Environmental assessment for runway extension ..... 200,000

Romeoville Lewis University Airport, IL ...................... Runway construction, including ILS and land acquisition.2,500,000

Rowan County Airport, KY .......................................... Runway extension to 5,500 feet ................................ 3,000,000

San Bernardino International, CA .............................. Runway improvements ............................................... 500,000

Sand Point Airport, AK ................................................ Terminal Improvements ............................................. 1,000,000

Santa Teresa Airport, NM ........................................... Extension of runway and taxiway .............................. 2,000,000

Seattle-Tacoma International Airport, WA .................. Various Improvements ............................................... 5,000,000

Seward Airport, AK ...................................................... Master plan phase 2 ................................................. 125,000

Slidell Airport, LA ........................................................ Various improvements ............................................... 1,000,000

Somerset Airport, KY ................................................... Design/build passenger terminal; construct maint 

hanger.

3,500,000

Southern California Logistics Airport, CA .................. Engine rune up runway infrastructure improvements 1,000,000

Spirit of St. Louis Airport, MO .................................... Taxiways ..................................................................... 1,500,000

Springfield Branson Regional, MO ............................. Midfield terminal design; ramps and access 

taxiways.

4,000,000

Springfield Municipal, OH .......................................... Land acquisition ........................................................ 150,000

St. Paul Island Airport, AK ......................................... Runway Paving .......................................................... 1,000,000

St. Petersburg/Clearwater International, FL ............... Runway extension ...................................................... 3,240,000

Statesville Municipal, NC ........................................... Extension of runway 10/28; ILS installation ............. 1,500,000

Stockton Airport, CA ................................................... Air Cargo Center ........................................................ 500,000 

Sugar Land Regional, TX ............................................ Construct apron and taxiway .................................... 3,600,000 

Troy Municipal Airport, AL .......................................... Runway & Taxiway Extension, Apron Improvements 1,000,000 

Tulsa International, OK ............................................... Various improvements ............................................... 5,000,000 

Tunica Airport, MS ...................................................... Airfield construction and expansion .......................... 1,000,000

Twentynine Palms Airport, CA .................................... Runway parking skirt renovation ............................... 250,000 

Twin County Airport, VA .............................................. Runway and lighting rehabilitation ........................... 900,000 

Unalaska Airport, AK .................................................. Terminal Facility ........................................................ 1,000,000

Upshur County Airport, WV ......................................... Runway extension and apron construction ............... 660,000

Virginia Highlands Airport, VA ................................... Apron, taxiways and road construction ..................... 750,000

Walnut Ridge Regional, AR ........................................ Various improvements ............................................... 250,000

Wayne County Airport, OH .......................................... Various improvements ............................................... 3,000,000

West Virginia Statewide ............................................. Various Improvements ............................................... 8,000,000

Wichita Mid-Continent, KS ......................................... Construct taxiway L, taxiway R, and a compass 

rose.

2,000,000

Williams Gateway Airport, AZ ..................................... Runway Construction, Taxiway Repair ....................... 2,250,000

Willmar Municipal, MN ............................................... Runway improvements, lighting, and fencing .......... 1,000,000

Wilmington International, NC ..................................... Runway and drainage improvements ........................ 1,000,000

Wright Army Airfield, GA ............................................. Runway rehabilitation ................................................ 1,950,000

Yucca Valley Airport District, CA ................................ Floor control protection along north side of runway 400,000

Alaska statewide airport improvement program.—The conferees 

are aware of plans for a floatplane airport to be located in the 

935

Matanuska Susitna Borough. Within the funds provided to the 

State of Alaska for various airport improvements, the managers expect $2,000,000 to be made available for this facility once it has received the necessary approvals. 

AVIATION INSURANCE REVOLVING FUND

The conference agreement deletes language proposed by the 

Senate authorizing funds for aviation insurance activities under 49 

U.S.C. 443 (‘‘war risk insurance’’). This authorization is no longer 

needed for the orderly execution of the program. 

GENERAL PROVISIONS—FEDERAL AVIATION ADMINISTRATION

The conference agreement includes a provision proposed by the 

House prohibiting funds for engineering work related to an additional runway at Louis Armstrong New Orleans International Airport in Louisiana. 

The conference agreement includes a provision proposed by the 

House prohibiting funds for FAA to mandate without-cost space, 

utilities, or other items in airport sponsor-owned buildings. The 

Senate had a nearly identical provision with a technical difference 

in wording. 

The conference agreement includes a provision proposed by the 

House prohibiting funds to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey. The Senate bill 

contained a nearly identical provision under section 534. 

The conference agreement includes a provision proposed by the 

Senate authorizing the FAA Administrator to accept funds from an 

airport sponsor, subject to certain conditions, for environmental reviews related to a project to add critical airport capacity. 

The conference agreement deletes language proposed by the 

Senate requiring FAA to give priority consideration to airport improvement projects at Paulding County, Georgia. 

The conference agreement includes a provision proposed by the 

Senate prohibiting funds to establish a pilot program where essential air service communities would be required to cost-share in the 

program. 

The conference agreement deletes a provision proposed by the 

Senate authorizing FAA to give priority consideration to a letter of 

intent for extension of the main runway at the Gary/Chicago Airport, and requiring the Administrator to consider the application 

within 90 days of receiving it from the airport sponsor. 

The conference agreement deletes a provision proposed by the 

Senate expressing the sense of the Senate that the Secretary of 

Transportation must consider the impact of aircraft noise on northern Delaware as part of the capacity enhancement program at 

Philadelphia International Airport. 

The conference agreement deletes a provision proposed by the 

Senate specifiying that, of funds provided for FAA ‘‘Facilities and 

equipment’’, $2,000,000 is for air traffic control facilities at the 

John C. Stennis International Airport in Mississippi. Funding for 

this project has been provided under ‘‘Facilities and equipment’’. 

936

FEDERAL HIGHWAY ADMINISTRATION 

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement limits administrative expenses of 

the Federal Highway Administration (FHWA) to $337,604,000 instead of $359,458,000 as proposed by the House and $337,834,000 

as proposed by the Senate. 

The conference agreement provides that $7,000,000 shall be 

made available under section 104(a)(1)(A) of title 23, U.S.C. to 

carry out environmental streamlining activities. 

The conferees recommend the following adjustments to the 

budget request by program and activity:

Employee development .......................................................................... ¥$4,606,000

Employee multidisciplinary development program ............................. +4,606,000

Information technology .......................................................................... ¥500,000

Additional staff ...................................................................................... ¥646,000

FECA administrative costs ................................................................... ¥84,000

Employee multidisciplinary development program.—Instead of 

providing $4,606,000 for the employee development program, the 

conference agreement provides these funds for the employee multidisciplinary development program, as directed in the House report. 

The conference agreement directs FHWA to provide a report to the 

House and Senate Committees on Appropriations by March 15, 

2004 on this new program. The report should include the goal of 

the program, what activities it will support, how many employees 

are expected to participate, how employees are selected for the program, and how it is different from the employee development program funding in prior years. 

Information technology planning.—The conference agreement 

provides $20,869,000 for information technology equipment, security, and support, instead of $21,369,000 as provided by the House 

and $20,369,000 as provided by the Senate. Consistent with the 

Senate, the conference agreement directs FHWA to develop a comprehensive plan to ensure that IT security and equipment upgrades 

are compatible and that any equipment acquisition is flexible and 

upgradeable. This report is to be transmitted to the House and 

Senate Committees on Appropriations by February 15, 2004.

Federal staff to oversee large projects.—The conference agreement provides $646,000 for six full time equivalents to help oversee 

FHWA major projects. The House did not include funding for this 

purpose, and the Senate proposed $1,292,000 for twelve full time 

equivalents. 

FECA costs.—The conference agreement does not provide funds 

for workers compensation administrative costs, as proposed by the 

House. 

FEDERAL-AID HIGHWAYS

The conference agreement limits obligations for the federal-aid 

highways program to $33,843,000,000, as proposed by the Senate, 

instead of $33,385,000,000 as proposed by the House. 

Intelligent Bridge Systems.—As proposed by the House, the 

conference agreement directs FHWA to provide a report to the 

937

House and Senate Committees on Appropriations on intelligent 

bridge systems no later than March 1, 2004. 

Public lands.—The conference agreement includes language directing that funds allocated to FHWA’s public lands discretionary 

program be derived from that program and not from funds allocated to the National Park Service’s regions, as proposed by both 

the House and the Senate. In addition, the conferees direct that 

these funds not come from funds allocated to the Fish and Wildlife 

Service’s regions, as proposed by the House. 

I–66 westbound widening from Rosslyn Tunnel to Dulles Connector, Virginia.—The conference agreement provides that as of 

June 1, 2004, unobligated funds for the I–66 westbound widening 

from Rosslyn tunnel to Dulles Connector under the National Corridor Planning and Border Development Program shall be available 

to the Route 7 Widening project in Fairfax County, Virginia. 

Miller Creek Bridge project.—The conference agreement directs 

FHWA to apply remaining funds provided in P.L. 107–87 for the 

environmental clearance process for the Miller Creek Bridge 

Project in Montana to final design, right of way acquisition, construction and construction engineering activities. 

Alaskan Way Viaduct, Washington.—The conference agreement 

includes Senate language encouraging FHWA to work with state 

and local officials to determine the amount of emergency relief 

funds that should be committed to the Alaskan Way Viaduct 

project. 

I–80 Colfax Narrows project.—The conference agreement in- cludes $2,000,000 for the rehabilitation and reconstruction of a portion of the Interstate highway connecting eastern California and 

western Nevada in Placer County, CA. The states have been advancing the project and this funding will move the multi-year 

project into the next stage of development. The funds will be provided to the project by agreement with Nevada to improve the safety and reduce congestion on this section of Interstate highway. 

U.S. Highway 67/167, North Little Rock, Arkansas.—The conferees recognize the potential for economic development in the 

North Hills area of North Little Rock. In order to alleviate congestion problems that would hinder that development, the conferees 

direct the Federal Highway Administration to work with the Arkansas Highway and Transportation Department and the City of 

North Little Rock to develop a plan for southbound access from 

U.S. Highway 67/167 near the intersection of Interstate 30 and 

Interstate 40 in North Little Rock, AR no later than March 1, 2004. 

LIMITATION ON TRANSPORTATION RESEARCH

The conferees provide a general limitation on transportation 

research of $462,500,000, as proposed by both the House and the 

Senate. 

SURFACE TRANSPORTATION RESEARCH

Within the funds provided for surface transportation research, 

the conference agreement includes $103,000,000 for highway research and development for the following activities:

Environmental, planning, real estate .................................................. $16,000,000 

938

Research and technology program support ......................................... 9,000,000 

International research ........................................................................... 400,000 

Structures ............................................................................................... 14,000,000 

Safety ...................................................................................................... 11,500,000 

Operations .............................................................................................. 13,000,000 

Asset management ................................................................................ 2,750,000 

Pavements research ............................................................................... 16,000,000 

Long term pavement project (LTPP) .................................................... 10,000,000 

Advance research ................................................................................... 600,000 

Policy research ....................................................................................... 9,000,000 

R&T strategic planning and performance measures .......................... 750,000

Environmental, planning, and real estate.—The conference 

agreement provides $16,000,000 for environmental, planning, and 

real estate research. Within the funds provided for this research 

activity, the FHWA is encouraged to provide $1,000,000 for the 

completion of the dust and persistent particulate abatement research in Kotzebue, Alaska, $250,000 for the Sacramento Region 

Blueprint, and $250,000 for the Central California Ozone Study. 

Research and technology.—The conference agreement provides $9,000,000 for research and technology program support. Within 

the funds provided for this activity, the FHWA is encouraged to 

provide $750,000 for the University of Illinois Transportation Center, $750,000 for the Center on Coastal Transportation Research at 

the University of South Alabama, and $750,000 for the electromagnetic transportation research project at the University of 

Vermont to continue research into advanced ground penetrating 

radar systems. 

International research.—The conferees have provided $400,000 

for international research activities. Further, FHWA is directed by 

the conferees to consult the House and Senate Appropriations Committees before any international agreements are consummated that 

are likely to require financial support. 

Structures.—The conference agreement provides $14,000,000 

for structures research. Within the funds provided for structures 

research, the conferees encourage FHWA to provide $750,000 for 

the deployment of lithium technologies to prevent and mitigate alkali silica reactivity, $1,000,000 for the New York City Bridge Corrosion Monitoring Project, $250,000 for a demonstration project to 

evaluate the use of battery-powered cathodic protection to extend 

the life of concrete bridges located in extreme cold weather conditions, $1,000,000 to the Constructed Facilities Center at West Virginia University for the rapid deployment and durability of bridge 

structures constructed with advanced composite materials, 

$250,000 for the University of Delaware’s Center for Innovative 

Bridge Engineering, $1,500,000 for the Infrastructure Renewal Research project at Washington State University, and $500,000 to 

support non-destructive structural evaluation technology at the 

New Mexico State University’s Bridge Research Center. 

Safety.—The conference agreement provides $11,500,000 for 

safety research. Within the funds provided for this activity, the 

conferees encourage FHWA to provide $250,000 to conduct a waterborne road marking evaluation at the Pennsylvania State University to understand the safety and environmental impacts of several 

pavement marking systems, and $500,000 to Washington State Department of Transportation for pilot projects to test Level-2 Warning/Positive protection gates for highway railroad grade crossings. 

939

Operations and asset management.—The conference agreement 

provides $13,000,000 for operations and $2,750,000 for asset management. Within the funds provided for these activities, the conferees encourage FHWA to provide $750,000 for the National Steel 

Bridge Alliance, $200,000 for the Northwestern University Highways 2008, $100,000 for Wisconsin’s critical vulnerability assessment and countermeasure plan, $750,000 for the University of Idaho’s National Institute for Advanced Transportation Technology, 

working with the Northwest Transportation Training and Education Alliance, to develop and deliver training and education for 

transportation professionals in Idaho, Oregon and Washington, and 

$2,000,000 for the Oklahoma Transportation Center to conduct research addressing freight flows throughout Oklahoma. 

The conference agreement does not provide funds for statistical 

analysis of the National Quality Initiative under any FHWA research program, as proposed by the House. Such analysis shall be 

performed by the Bureau of Transportation Statistics. 

Pavements.—The conference agreement provides $16,000,000 

for pavements research. Within the funds provided for this activity, 

the conferees encourage FHWA to provide $350,000 to Florida Atlantic University for the material integrity project, $1,500,000 for 

the National Center for Asphalt Technology at Auburn University, 

Alabama, $1,000,000 for the Center for Portland Cement Concrete 

Pavement Technology at Iowa State University, $500,000 to continue evaluating GSB–88 emulsified binder treatment application, 

and $250,000 to support the Institute for Aggregates Research at 

Michigan Technological University. 

Policy.—The conference agreement provides $9,000,000 for policy research. Within the funds provided for this activity, FHWA is 

encouraged to provide $300,000 to Boston University Infrastructure 

Investment Research Initiative, $300,000 to the City College of San 

Francisco Transportation Academy, and $500,000 to the University 

of Kentucky Academy for Community Transportation Innovation 

for innovation of transportation facilities into rural communities. 

Within the funds provided, the conferees encourage FHWA to 

conduct a high performance/low emission asphalt test project in 

consultation with the National Center for Asphalt Technology as 

proposed by the Senate. 

INTELLIGENT TRANSPORTATION SYSTEMS 

The conference agreement provides a limitation on Intelligent 

Transportation Systems of $232,000,000. Funds are available for 

the following activities:

Research and development ................................................................... $52,000,000 

Operational tests ................................................................................... 12,000,000 

Evaluations ............................................................................................ 7,000,000 

Architecture and standards .................................................................. 18,000,000 

Integrations ............................................................................................ 11,500,000 

Program support .................................................................................... 11,500,000 

Subtotal ........................................................................................ 110,000,000 

ITS Deployment incentive program ..................................................... 122,000,000 

Total ............................................................................................. 232,000,000

940

Joint Program Office.—In the early 1990s, the appropriations 

committees expressed strong support for the formulation of a Joint 

Program Office (JPO) within the DOT to oversee the Federal role 

in the National Intelligent Transportation system (ITS) effort. This 

office, which is located within the Federal Highway Administration, 

now provides overall program direction and budget coordination 

among the multiple DOT offices conducting ITS activities. The success of the Federal investment in ITS has been due partly to the 

effective functioning of the JPO. For example, the JPO’s close association with FHWA’s research, headquarters staff, and regional offices has ensured a unified approach to providing training, implementing and testing standards, and adhering to a national systems 

architecture. The conferees maintain that the JPO’s positive working relationship with the FMCSA and FTA has facilitated progress 

in advancement of technologies and the deployment of activities. 

The appropriation for ITS provided by the conferees is predicated on the continuation of the JPO conducting the functions identified previously. Maximum efficiencies are most likely to be obtained by retaining the current administrative structure of the JPO 

within the FHWA with a reporting function to the Deputy Secretary. If there is any change in the administrative structure or responsibilities of the JPO, the Secretary is directed to inform the 

House and Senate Committees on Appropriations and to justify in 

detail such changes. 

Intelligent transportation systems deployment projects.—Within 

the funds available for intelligent transportation systems deployment, the conference agreement provides that not less than the following sums shall be available for intelligent transportation 

projects in these specified areas:

Project Amount 

City of Huntsville, Alabama, ITS ......................................................... $4,500,000 

511 Traveler Information Program in North Carolina ....................... 400,000

Advanced Ticket Collection and Passenger Information Systems, 

New Jersey ......................................................................................... 750,000 

Advanced Traffic Analysis Center, North Dakota .............................. 200,000 

Advanced Transportation Management Systems (ATMS), Montgomery County, Maryland ................................................................. 500,000 

Alameda Corridor-East Gateway to America Project Phase II, Los 

Angeles, CA ........................................................................................ 1,200,000 

Alexandria ITS Real-Time Transit Enhancement Pilot Project ........ 410,000 

Altarum Restricted Use Technology Study .......................................... 1,750,000 

Altoona, Pennsylvania, ITS .................................................................. 800,000 

Amber Alert Multi-Regional Strategic Plan ........................................ 400,000 

ATR Transportation Technology/CVISN, New Mexico ....................... 175,000 

Auburn, Auburn Way South ITS, Washington ................................... 1,600,000 

Bay County Area Wide Traffic Signal System .................................... 750,000 

Cargo Watch Logistics Information System, New York ..................... 2,500,000 

Carson Passenger Information System ................................................ 300,000 

CCTA Intelligent Transportation Systems, Vermont ......................... 300,000 

City of Baltimore, Maryland Traffic Congestion Management .......... 200,000 

City of Boston Intelligent Transportation Systems, Massachusetts 1,000,000 

City of New Rochelle, NY Traffic Signal Replacement Program ....... 500,000 

City of Santa Rosa: Intelligent Transportation System ..................... 300,000 

Clark County Transit, VAST ITS, Washington ................................... 1,600,000 

Computerization of traffic signals in Ashtabula, OH ......................... 14,000 

Corona City-wide automated traffic management system ................. 1,000,000 

DelTrac Statewide Integration, Delaware ........................................... 1,000,000 

Demonstration project to deploy Geospatial Emergency & Response 

System (GEARS) for transportation ................................................. 150,000 

Detroit Metro Airport ITS ..................................................................... 350,000 

941

Project Amount 

DuPage County Signal Interconnection Project .................................. 300,000 

Elk Grove Traffic Operations Center ................................................... 960,000 

Fairfax County Route 1 Traffic Synchronization ITS Pilot Project 500,000

FAST Las Vegas (ITS-Phase 2)—Construction ................................... 300,000 

Fiber Optic Signal Interconnect System, Tuscon, Arizona ................. 3,500,000 

George Washington University, Virginia Campus .............................. 500,000 

Germantown Parkway ITS Project, Tennessee ................................... 3,000,000

GMU ITS Research, Virginia ................................................................ 500,000 

Great Lakes ITS, Michigan ................................................................... 3,000,000 

Greater Philadelphia Chamber of Commerce ITS System, Pennsylvania .................................................................................................... 1,500,000 

Harbor Boulevard Intelligent Transportation ..................................... 800,000 

Hawthorne Street Public Access Improvements, New Bedford, MA 150,000 

Hillsborough Area Regional Transit: Bus Tracking, Communication 

and Security, Florida ......................................................................... 750,000 

Houma, Louisiana .................................................................................. 1,250,000 

Houston ITS ........................................................................................... 1,500,000 

I–70 Incident Management Plan Implementation, Colorado ............. 2,500,000 

1–87 Highway Speed E-Z Pass at the Woodbury Toll Barrier ........... 1,750,000 

1–87 Smart Corridor ............................................................................. 1,000,000 

I–90 Phase 2 Connector ITS Testbed—Town of North Greenbush—

Rensselaer County, NY ...................................................................... 200,000 

Illinois Statewide ITS ............................................................................ 3,000,000 

Implementation of Wisconsin DOT’s Fiber Optics Network .............. 1,000,000

Integration and Implementation of DYNASMART-X, RHODES and 

CLAIRE in Houston, TX .................................................................... 500,000 

Intelligent Transportation System (Kansas City metro area) ........... 200,000 

Intelligent Transportation Systems—Phases II and III, Ohio ........... 700,000 

Intelligent Transportation Systems Deployment Project, Inglewood, 

CA ........................................................................................................ 500,000 

Intelligent Transportation Systems, City of Wichita Transit Authority ................................................................................................. 750,000 

Intelligent Transportation Systems, Statewide and Commerical Vehicle Information Systems Network, Maryland ............................... 750,000

Intelligent Transportation Systems, Washington, DC Region ........... 500,000 

Intersection Signalization Project for the City of Virginia Beach, 

Virginia ............................................................................................... 500,000 

Iowa Transportation Systems ............................................................... 750,000 

ITS Baton Rouge, LA ............................................................................ 1,250,000 

ITS Expansion in Davis and Utah Counties, Utah ............................. 1,250,000 

ITS Logistics and Systems Management for the Gateway Cities ...... 250,000 

ITS Technologies, San Antonio, Texas ................................................. 200,000 

ITS, Cache Valley, Utah ....................................................................... 1,000,000

Jacksonville Transportation Authority, Intelligent Transportation 

Initiative—Regional Planning, Florida ............................................ 750,000 

King County, County-wide Signal Program, Washington .................. 1,500,000 

Lincoln, Nebraska StarTran Automatic Vehicle Locator System ...... 1,000,000 

Los Angeles MTA Regional Universal Fare System ........................... 500,000 

Macomb County ITS Integration, Michigan ........................................ 600,000 

Maine Statewide ITS ............................................................................. 1,000,000 

Market Street Signilazation Improvements ........................................ 100,000 

MARTA Automated Fare Collection/Smart Card System, Georgia ... 700,000 

Metrolina Transportation Management Center .................................. 1,750,000 

Mid-America Surface Transportation Water Research Institute, 

North Dakota ...................................................................................... 500,000 

Minnesota Guidestar ............................................................................. 1,250,000

Missouri Statewide Rural ITS .............................................................. 4,000,000 

Mobile Data Computer Network Phase II (MDCN), Wisconsin ......... 2,200,000 

Monroe County ATMS ITS Deployment Project ................................. 800,000 

Montachusett Area Regional Transit (MART) AVLS, MA ................. 240,000 

Multi Region Advanced Traveler Information System (ATIS) for the 

IH–20 Corridor—Phase 1 in Texas ................................................... 550,000 

Nebraska Statewide Intelligent Transportation System Deployment 1,000,000 

New York State Thruway Authority Traffic Operation Package for 

1–95 and 1–87 .................................................................................... 1,676,000 

North Bergen, New Jersey Traffic Signalization Replacement ......... 1,000,000 

Oklahoma Statewide ITS ...................................................................... 4,000,000 

942

Project Amount 

Palm Tran, Palm Beach County, FL—Automated Vehicle Location 

and Mobile Data Terminals ............................................................... 1,000,000 

Portland State University Intelligent Transportation Research Initiative .................................................................................................. 400,000 

Program of Projects, Washington ......................................................... 2,000,000 

Project Hoosier SAFE–T ....................................................................... 2,000,000 

Real Time Transit Passenger Information System for the Prince 

George’s County Dept. of Public Works, Maryland ......................... 1,000,000 

Regional Intelligent Transportation System, Springfield, Missouri .. 2,000,000 

Regional ITS Architeture and Deployment Plan for the Eagle Pass 

Region and Integrate with Laredo .................................................... 300,000 

Roosevelt Boulevard ITS Enhancement Pilot Program ...................... 750,000

Rural Freeway Management System Implementation for the IH–20 

Corridor in the Tyler Region—Phase 1 ............................................ 200,000 

Sacramento Area Council of Governments—ITS Projects, California 1,175,000 

San Diego Joint Transportation Operations Center ........................... 400,000 

Seacoast Intelligent Transportation System Congestion Relief 

Project ................................................................................................. 1,000,000 

Seattle City Center ITS, Washington .................................................. 2,500,000 

Shreveport Intelligent Transportation System, Louisiana ................. 1,000,000 

South Carolina DOT Inroads Intelligent Transportation System ..... 3,500,000 

Spotswood Township, NJ; Expand and improve traffic flow with 

road improvements ............................................................................ 250,000 

SR 924 ITS Integration Project ............................................................ 1,000,000 

SR112 ITS Integration Project ............................................................. 300,000 

Statewide AVL Initiative, Nebraska .................................................... 300,000 

Swatara Township, Pennsylvania—Traffic Signalization Improvements ................................................................................................... 100,000 

TalTran ITS Smartbus Program, Florida ............................................ 1,750,000 

Texas Medical Center EMS Early Warning Transportation System 1,000,000

Texas Statewide ITS Deployment and Integration, City of Lubbock 400,000 

Texas Statewide ITS Deployment and Integration, Port of Galveston .................................................................................................. 400,000 

Town of Cary Computerized Traffic Signal Project, North Carolina 800,000 

Traffic Signal Controllers & Cabinets, District of Columbia ............. 400,000 

TRANSCOM Regional Architecture & TRANSMIT project, NJ, NY, 

& CT .................................................................................................... 500,000 

Transportation Research Center (TRC) for Freight, Trade, Security, 

and Economic Strength, Georgia ...................................................... 500,000 

Tukwila, Signalization Interconnect and Intelligent Transportation, 

Washington ......................................................................................... 1,400,000 

Twin Cities, Minnesota Redundant Communications Pilot ............... 1,000,000 

Tysons Transportation Association—ITS ............................................. 250,000 

University of Kentucky Transportation Center .................................. 1,000,000 

Ventura County Intelligent Transportation System ........................... 1,000,000 

West Baton Rouge Parish Joint Operations Emergency Communications Center ................................................................................. 800,000 

Wisconsin CVISN Level One Deployment ........................................... 800,000 

Wyoming Statewide ITS Initiative ....................................................... 4,000,000

FERRY BOATS AND FERRY TERMINAL FACILITIES

Within the funds available for ferry boats and ferry terminal 

facilities, funds are to be available for the following projects and activities:

Project Amount 

Akutan Ferry Planning and Design, Alaska ....................................... $1,000,000 

Canal Corridor Association—Port of LaSalle Project, Illinois ........... 400,000 

Capital Cost of Contracting for Water Bus Service, Florida .............. 500,000 

City of Palatka Ferry Service, Florida ................................................. 650,000 

Coffman Cove/Wrangell/Petersburg Ferries and Ferry Facilities, 

Alaska ................................................................................................. 2,000,000 

Erie-Western Pennsylvania Port Authority Ferry Vessel Acquisition ...................................................................................................... 800,000

Ferry service from Rockaway Peninsula to Manhattan (Jamaica 

Bay Transportation Hub), New York ............................................... 500,000 

943

Project Amount 

Fire Island Ferry Terminal, Saltaire, New York ................................ 450,000 

Fort Morgan-Dauphin Island Ferry, Alabama .................................... 2,500,000 

Governor Curtis Ferry Boat Replacement, Maine .............................. 400,000 

Hatteras Ferry Project, North Carolina ............................................... 500,000 

High Speed Ferry Terminal, Bridgeport, Connecticut ........................ 750,000 

Ocean Gateway Development, Maine .................................................. 500,000 

Oyster Point Ferry Vessel, San Francisco, California ........................ 1,000,000 

Passenger Ferry, Port of Corpus Christi, Texas ................................. 500,000 

Pittsburgh Water Taxi, Pennsylvania .................................................. 500,000 

S–236 Claggett Road/Lewis & Clark Ferry Boat Facilities on Missouri River, Montana ......................................................................... 800,000 

Southworth and Vashon Terminal Improvements, Washington ........ 1,000,000 

Stamford High Speed Ferry, Stamford, Connecticut .......................... 500,000 

Staten Island Ferry Kennedy Class Replacement Program, New 

York ..................................................................................................... 1,950,000 

Swans Island Ferry Terminal Improvements, Swans Island, Maine 500,000 

Winthrop, Massachusetts Ferry ........................................................... 300,000 

TEA–21 Set-asides (Alaska, Washington, New Jersey) ...................... 20,000,000

NATIONAL CORRIDOR PLANNING AND BORDER DEVELOPMENT

PROGRAM

Within the funds available for the national corridor planning 

and border development program, funds are to be available for the 

following projects and activities:

Project Amount 

146th Street 1–69 Access Project, Hamilton County, Indiana ........... $1,000,000

172nd Street/I–5 Interchange and Bridge Expansion, Washington .. 3,000,000

34th Street Corridor completion, Minnesota ....................................... 1,000,000

Aiken Road Bridge, Kentucky .............................................................. 1,000,000

Alameda Corridor-East Gateway to America Project Phase II, Los 

Angeles, California ............................................................................. 2,000,000

Anacostia Crossings and Freeway Study, Maryland .......................... 750,000

Anniston East Bypass, Alabama .......................................................... 3,000,000

Arch-Sperry Road Improvements, California ...................................... 250,000

Arctic Winter Games Transportation Improvements, Alaska ............ 1,000,000

Auburn Ravine Bridge—City of Lincoln, California ........................... 250,000

Bayfield County bridge projects, Wisconsin ........................................ 410,000

California, State Route 75 (City of Coronado) Tunnel Project Report and Environmental Document, California ............................... 500,000

Cameron Street Bridge, Shamokin/Coal Townships, Northumberland County, Pennsylvania ............................................................... 1,000,000

Canal Road Intermodal Connector, Harrison County, Mississippi .... 1,000,000

City of Forsyth Frontage Road, Illinois ............................................... 200,000

City of Seminole, US 377 upgrades and creation of a spur, Oklahoma .................................................................................................... 2,000,000

Coalfields Expressway, Virginia ........................................................... 500,000

Columbus, Mississippi Highway 45 Bypass ........................................ 750,000

Construct Madison Street Interchange I–29 in Sioux Falls, South 

Dakota ................................................................................................. 5,000,000

Corridor V construction along SR–6, Mississippi ................................ 1,000,000

Donna-Rio Bravo International Border Crossing, Texas .................... 800,000

Elk Grove Sheldon 99 Interchange, California ................................... 300,000

Falls to Falls Corridor, Minnesota ....................................................... 1,000,000

Flintlock Road Overpass, City of Liberty, Missouri ............................ 1,000,000

Ft. Wainwright Alternative Access & Chena River Crossing, Alaska 5,700,000

Garden Parkway Bypass (US 321/74), North Carolina ...................... 2,000,000

Georgia S.R. 316 Improvements—Gwinnett County, Georgia ........... 100,000

Highway 101 Implementation Plan, California .................................. 600,000

Highway 22/Cordon Road Interchange—Environmental Impact 

Study, Oregon ..................................................................................... 500,000

Highway 431 Modification, Alabama ................................................... 1,200,000

Highway 71, Alma to Greenwood, Arkansas ....................................... 1,450,000

Highway 71: Louisiana State Line, DeQueen, Arkansas ................... 850,000

I–5 Interregional Arterials Improvement Project, California ............ 700,000

944

Project Amount 

I–565 to Memorial Parkway, Huntsville, Alabama ............................ 5,000,000

I–65 and County Road 24 Interchange, Limestone County, Alabama .................................................................................................... 1,000,000

I–66 westbound widening from Rosslyn Tunnel to Dulles Connector, Virginia ................................................................................... 1,000,000

I–675 Corridor Improvements, Ohio .................................................... 500,000

I–69 Indianapolis to Evansville ............................................................ 1,000,000

I–73 Corridor Project ............................................................................. 250,000

I–75/Austin Road Interchange, Ohio .................................................... 650,000

Interchange/overpass at highway K–7 and 55th St. and Johnson 

Dr. in Shawnee, Kansas .................................................................... 1,000,000

Intercounty Connector (ICC), Maryland .............................................. 500,000

Interstate 5 Riverfront Reconnection, California ................................ 500,000

Jasper Airport Road, Jasper, Alabama ................................................ 1,000,000

Jim Thorpe Bridge Renovation Project, Pennsylvania ....................... 500,000

Kauffman Ave Roadway Improvements, Greene County, Ohio ......... 500,000

KY750 from US 23 to KY 3105 in Raceland, Greenup County, Kentucky .................................................................................................... 300,000

LA 1 Port Fourchan to US 90 ............................................................... 2,000,000

LA 18 from Avondale to US 90, Jefferson Parish, Louisiana ............ 350,000

LA 37/US 190, Central Thruway Connector, Louisiana ..................... 1,000,000

LA Hwy 820 Improvements, Lincoln Parish, Louisiana ..................... 1,500,000

Loop 201 Expansion Project, Texas ...................................................... 750,000

Missisquoi Bay Bridge, Vermont .......................................................... 4,000,000

Murchison Road, Cumberland County, North Carolina ..................... 500,000

Murray Business Loop, Kentucky ........................................................ 1,000,000

New Haven Road Corridor Study, Connecticut ................................... 90,000

North Coast Interstate 5, California .................................................... 500,000

Northern Tier Expressway (NTE), New York ..................................... 100,000

North-South Highway TCL–MSL Corridor, Alabama ........................ 1,000,000

Pittston Connector Project, Pennsylvania ........................................... 300,000

Planning for New Route over Cape Fear River, North Carolina ....... 125,000

Ports-to-Plains highway rehabilitation between Del Rio and Eagle 

Pass, Texas ......................................................................................... 1,100,000

Ranchero Road/Cajon Branchline Grade Separation, California ....... 500,000

Route 104/Dominion Boulevard, Virginia ............................................ 3,000,000

Route 106 Underpass Rehabilitation, Mansfield, Massachusetts ...... 750,000

Route 12, Veterans Memorial Corridor, Auburn, Massachusetts ...... 1,250,000

Route 168 Corridor Improvements, Camden and Gloucester Counties, New Jersey ................................................................................. 250,000

Route 24/140 Interchange, Taunton, Massachusetts .......................... 1,000,000

Route 403 Relocation, Rhode Island ..................................................... 800,000

Route 590 Reconstruction project, Irondequoit, New York ................ 2,500,000

Route 79 Improvements, Fall River, Massachusetts .......................... 1,350,000

Rutherford Avenue, Boston, Massachusetts ........................................ 1,500,000

Santa Fe/C–470, Colorado ..................................................................... 4,000,000

SH 158 widening in Sterling County, Texas ....................................... 800,000

Shelby County CR 500 E Safety Upgrade, Indiana ............................ 100,000

SR694, Pinellas Park, Florida .............................................................. 2,000,000

St. Clair Avenue in East Liverpool, Ohio ............................................ 500,000

State Highway 133 Widening, Colquitt County, Georgia ................... 4,000,000

Ten Mile at Middlebelt Road Intersection Safety, Michigan ............. 200,000

Tennessee 4th’s US 412 Corridor, Tennessee ...................................... 1,750,000

Tennessee’s I40 in Roane County ......................................................... 500,000

TH241, St. Michael, MN ....................................................................... 300,000

The Hendricks County North-South Corridor Highway ..................... 850,000

The Rock Island Parkway Project, Arkansas ...................................... 675,000

Tienken Road Bridge over the Paint Creek, Rochester Hills, Michigan ....................................................................................................... 750,000

Town of Marana Twin Peaks Corridor, Arizona ................................. 800,000

Trenton Channel Bridge Replacement, Wayne County, Michigan .... 400,000 

U.S. Route 33 Corridor Improvements at Winchester-Cemetary 

Road, Ohio .......................................................................................... 1,000,000

U.S. Route 33 Road Improvements (Pendelton County, West Virginia) ................................................................................................... 500,000

U.S. Route 422 Improvement Project, Pennsylvania .......................... 500,000

University Boulevard Interchange Project, Pennsylvania ................. 1,000,000

945

Project Amount 

Upgrade US158 to a multilane facility between I–85 and I–95, 

North Carolina ................................................................................... 400,000

US 113, Maryland .................................................................................. 1,500,000

US 60, Osage County, Pawhuska to Vinita, Oklahoma ..................... 2,000,000

US 67 improvements, Missouri ............................................................ 5,000,000

US 83 Anzalduas Connection Road and Structures to New International Bridge, Texas ....................................................................... 500,000

US 87 Bypass around Big Spring, Texas ............................................. 300,000

US Highway 10 Interchange—City of Ramsey, MN ........................... 200,000

US Highway 218 in Keokuk, Iowa ....................................................... 750,000

US Market Street Bridge, Lycoming County, Pennsylvania .............. 1,000,000

US11, Orleans and St. Tammany Parishes, Louisiana ...................... 500,000

US–231/I–10 Freeway Connector, Alabama ........................................ 8,000,000

US–395 North Spokane Corridor, Washington ................................... 1,000,000

USH 53 Bypass (Eau Claire, Wisconsin) ............................................. 2,000,000

Walden Point Road, Alaska .................................................................. 2,000,000

West Virginia Route 10 ......................................................................... 10,000,000

Winfield Way Extension, Canton, Ohio ............................................... 500,000

Yakima Grade Separations, Washington ............................................. 1,000,000

TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION

PROGRAM

Within the funds made available for the transportation and 

community and system preservation program, funds are to be distributed to the following projects and activities:

Project Amount 

Bellingham, Coast Millennium Trail—South Bay Taylor Dock 

Project, Washington ........................................................................... $500,000

Big Lake to Wasilla Pedestrian Trails, Alaska ................................... 500,000

Briarcliff Manor Union Free School District, New York traffic light 150,000

Central Avenue Parking Facility and Pedestrian Improvements, 

Florida ................................................................................................. 500,000

Civic center streetscape improvement, New York .............................. 500,000

Clarksville Square, Clarksville, Texas ................................................. 250,000

Colchester, Vermont .............................................................................. 1,000,000

Connection of the Alabama Chief Ladiga Trail and the Georgia Silver Comet Trail, Alabama ................................................................. 100,000

Downtown Revitalization Project, Somerset, Kentucky ..................... 1,750,000

Henderson County Port Authority Project, Kentucky ........................ 1,000,000

High line project, New York City, New York ...................................... 500,000

Highway 79 Corridor/Greenway Project, Alabama ............................. 750,000

Hobbs Industrial Air Park Roads, New Mexico .................................. 100,000

Homewood, Illinois railroad station/platform acquisition and improvement ........................................................................................... 200,000

Hot Springs Bike Trail, Arkansas ........................................................ 80,000

Independence Creek Hiking/Biking Road Access, Kansas ................. 250,000

Kincaid Park Trail Connection, Alaska ............................................... 900,000

Lewisburg Comprehensive Transportation Plan, Lewisburg, West 

Virginia ............................................................................................... 85,000

Manhattan, Kansas Fourth Street Corridor ........................................ 200,000

Marathon County—Mountain Bay Trail, Wisconsin .......................... 225,000

Marion County Alabama Safety, Efficiency, and Trade Highway 

Improvement Program ....................................................................... 800,000

Miller Farm Bridge, Pennsylvania ....................................................... 500,000

Newberg-Dundee Transportation Improvement Project, Oregon ...... 500,000

Niobrara Scenic River Corridor Roads, Nebraska .............................. 1,000,000

North Dakota 23 Lake Sakakawea Crossing—Linear Library, 

Truss Monument ................................................................................ 250,000

North/South Road, Oahu, Phase I, Hawaii .......................................... 1,000,000

Owensboro Waterfront Development Project, Kentucky .................... 2,000,000

Puna Makai Alternate Road Study, Island of Hawaii ........................ 200,000

Regional Plan Association Willimasburg/Navy Yard/Vinegar Hill 

Corridor Access, New York ................................................................ 200,000

Riverfront Battle Property Trail, Georgia ........................................... 250,000

946

Project Amount 

Riverwalk, Warren, Ohio ...................................................................... 500,000

Road construction for industial park for City of Vinita, Oklahoma 100,000

Rockford Road, Ardmore, Oklahoma .................................................... 700,000 

Route 152 Safety Improvements, Santa Clara County, California .... 250,000

Route 29 Recreational Bike and Pedestrian Path, Mercer, New Jersey ........................................................................................................ 1,000,000

Scranton Nay Aug Park Enhancement Project, Pennsylvania .......... 400,000

Streetscape Initiative, Phase II, Northwest Moultrie, Georgia ......... 500,000

Study of Highway 35/county M Bypass of Downtown Osceola, Wisconsin .................................................................................................. 200,000

Talcottville Transportation Improvement Project, Connecticut ......... 500,000

Town of Clayton Downtown Revitalization, Clayton, Alabama ......... 500,000

Trinity River Visions Neighborhood Linkage, Texas .......................... 500,000 

U.S. 49 from Florence, Mississippi to I–20 .......................................... 800,000 

Uptown Crossings Vine Street Improvement Project, Ohio ............... 1,000,000 

US–222 Kutztown Bypass, Pennsylvania ............................................ 500,000 

US30 Bypass—PA10 to US30 Business ............................................... 500,000 

Village of Glencoe, Illinois, Green Bay Trail—North Branch Trail 

Connection .......................................................................................... 200,000 

Walden Woods Corridor Overpass Study, Massachusetts .................. 200,000 

Weston Streetscape Renewal, West Virginia ....................................... 200,000 

Woodward Avenue Livable Community Project, Michigan ................ 210,000

BRIDGE DISCRETIONARY PROGRAM

Within the funds available for the bridge discretionary program, including the bridge set-aside, funds are to be available for 

the following projects and activities:

Project Amount 

9th Street Bridge, NE over New York Avenue, District of Columbia $500,000

Blackford Bridge Project, Kentucky ..................................................... 250,000

Bridge Replacement on Arkabutla—Coldwater Road, Mississippi .... 800,000

Broadway Bridge/I–25 Interchange Complex, Colorado ..................... 8,000,000

Canvas Bridge, Nicholas County, West Virginia ................................ 8,000,000

Carlsbad, New Mexico, Railroad Overpass .......................................... 1,500,000

Christina River Bridge Seismic Retrofit, Delaware ............................ 1,000,000

Coal Creek Parkway, Washington ........................................................ 1,000,000

Construction of the Cooper River Bridge Replacement Project, 

South Carolina ................................................................................... 1,250,000

CR 309 Georgetown Bridge, Putnam County, Florida ........................ 500,000

Ferry Street Bridge, New Haven, Connecticut ................................... 2,000,000

First Street Bridge, Roanoke, Virginia ................................................ 500,000

Funny River Bridge Crossing, Alaska .................................................. 5,000,000

Golden Gate Bridge Seismic Retrofit ................................................... 4,500,000

Greene County, Missouri Demonstration Bridge ................................ 400,000

Greenspot Bridge, Highland, California .............................................. 500,000

Hagatna River, Flood Mitigation Bridge Improvement Project, 

Guam ................................................................................................... 400,000

Highway 19 Bridge Replacement, Missouri ........................................ 6,000,000

Highway 21/Rincon Truck Bypass, Georgia ........................................ 4,000,000

Historic Woodrow Wilson Bridge Restoration Project, Rankin Co., 

Mississippi .......................................................................................... 2,500,000

I–195 Washington Bridge (East Bound), Rhode Island ...................... 4,000,000

I–35 Trinity River Bridge, Texas .......................................................... 925,000

I–710 Corridor/Gerald Desmond Bridge Gateway Program 

(Desmond Bridge Replacement), California ..................................... 800,000

I–95 New Haven Q-Bridge, Approach Work (Contract C), Connecticut ................................................................................................ 750,000

IH–35E Chambers Creek Bridges, Texas ............................................ 1,500,000

Indian River Inlet Bridge Replacement, Delaware ............................. 4,075,000 

Interstate 74 Bridge Corridor Project, Iowa ........................................ 1,250,000

Kapahi Bridge, Island of Kauai ............................................................ 350,000

Lake Pontchartrain Causeway Bridge, Louisiana .............................. 3,000,000

Leeville Bridge, Lafourche Parish, Louisiana ..................................... 1,500,000

Longfellow Bridge, Boston and Cambridge, Massachusetts ............... 2,250,000

Martin Luther King Jr. Bridge Aprons, Toledo, Ohio ........................ 1,600,000

947

Project Amount 

Missouri River Bridge, Rulo Nebraska ................................................ 1,000,000

North Avenue Bridge, Chicago, Illinois ............................................... 5,000,000

Replacement of existing I–75 Brent Spence Bridge over Ohio River 

between Covington and Cincinnati, Kentucky ................................ 2,000,000

Route 52 Causeway Replacement and Somers Point Circle Elimination, New Jersey ............................................................................ 1,250,000

Russell Street Viaduct Replacement, Baltimore, Maryland ............... 4,000,000

Sauvie Island Bridge Replacement, Oregon ........................................ 400,000

SR 520/SR 25 Flyover Bridge, Glynn County, Georgia ...................... 2,500,000

Tamiami Bridge Replacement, Florida ................................................ 1,500,000

U.S. 220—Business Bridge Replacement, Virginia ............................. 2,000,000

U.S. 34 Missouri River Bridge in Mills County, Iowa ........................ 1,500,000

US–169 viaduct between Kansas Avenue and I–70, Kansas City, 

Kansas ................................................................................................. 2,000,000

US–2, Dover Bridge, Bonner County, Idaho ....................................... 1,250,000

US20 Bridge Repair, Oregon ................................................................ 600,000

Vernon Atlantic Boulevard Bridge Expansion Project, California .... 400,000

Waldo-Hancock Suspension Bridge in Prospect and Verona, Maine 4,000,000

FEDERAL LANDS

Within the funds available for the federal lands program, 

funds are to be available for the following projects and activities:

Project Amount 

Access roads to Beale Air Force Base, California ............................... $750,000 

Adams National Historic Park Transportation and Access, Massachusetts ............................................................................................... 465,000 

Apache County Road, 5020, Arizona .................................................... 752,000 

Apache County South Fork Bridge, Arizona ....................................... 275,000 

Atwater Federal Penitentiary Access Road, California ...................... 1,000,000 

BIA Route 35 resurfacing: State line to Montezuma Creek, Utah .... 1,000,000 

Big South Fork, Scenic Railway Track Restoration in McCreary 

County, Kentucky ............................................................................... 400,000 

Blackstone River Bikeway, Rhode Island ............................................ 1,500,000 

Blackwater Wildlife Refuge roads and visitor center, Maryland ....... 400,000 

Brown’s Park, Utah ............................................................................... 1,000,000 

Calaveras Wagon Trail Expressway Realignment, California ........... 350,000 

Calumet Trail, Prairie Duneland Trail and Marquette Trail Link, 

Indiana ................................................................................................ 307,000 

Chickasaw Museum and Cultural Center Planning and Development, Mississippi ............................................................................... 500,000 

Chignik Road Improvements, Alaska ................................................... 2,100,000 

Choctaw Roads, Mississippi .................................................................. 1,425,000 

City of Henderson Lake Las Vegas/Lake Mead Interchange, Nevada ..................................................................................................... 2,000,000 

City of Rocks Back Country Byway, Stage 2, Idaho ........................... 3,000,000 

Colville Confederated Tribe—Inchelium/Gifford Bridge Feasibility 

Study, Washington ............................................................................. 120,000 

County Road, Preston North and South, Nebraska ............................ 650,000 

Craig Road Overpass, Nevada .............................................................. 3,000,000 

Cross Base Highway, Washington ........................................................ 750,000 

Foothills Parkway, Great Smoky Mountains National Park, Tennessee .................................................................................................. 900,000 

Fort Yates Business Loop Street Improvement, North Dakota ......... 550,000 

George Washington Memorial Parkway Safety Improvements, Virginia ..................................................................................................... 600,000 

Glacier Creek/Nome Bypass, Alaska .................................................... 3,000,000 

Glorieta Battlefield NM 50 realignment, New Mexico ....................... 375,000 

Hal Rogers Parkway, Kentucky ............................................................ 1,000,000 

Hansen Dam Recreation Area Parking Enhancements, Pacoima, 

California ............................................................................................ 325,000 

Hawaii Statewide Federal Lands Improvements ................................ 4,000,000 

Highway 62 Traffic and pedestrian safety improvement, in Yucca 

Valley, California ............................................................................... 500,000 

Hoover Dam Bypass Bridge, Arizona ................................................... 7,000,000

Iditarod Historic National Trail Project, Alaska ................................. 500,000 

948

Project Amount 

IH20—Dyess AFB Access Project, Texas ............................................. 1,368,000

Interstate Bridge Crossing between Bullhead City, Arizona and 

Laughlin, Nevada ............................................................................... 500,000 

Lake Tahoe EIP, Nevada ...................................................................... 1,200,000 

Lewis and Clark Legacy Trail, North Dakota ..................................... 400,000 

Lowell Riverwalk Phase II Design, Massachusetts ............................ 800,000 

Lower Etwha Klallam Tribe—Access Road, Washington ................... 2,300,000 

Marin Parklands/Muir Woods Visitor Access, California ................... 1,100,000 

McCarthy Creek Tram, Alaska ............................................................. 200,000 

Military Cutoff Road (SR 1409) Improvements in New Hanover 

County, North Carolina ..................................................................... 400,000 

Mill Creek Road (Mendocino County), California ............................... 400,000

Moosalamoo Region, Green Mountain National Forest, Vermont ..... 150,000 

Navajo Archeological Study, Utah State Route 262 between Montezuma Creek and Aneth, Utah ........................................................... 1,250,000 

Needles Highway Realignment and Safety Improvements, California ................................................................................................... 3,000,000 

Ohiki Road Bank Stabilization and Engineering, Hanalei, Island of 

Kauai ................................................................................................... 50,000 

Ohio State Route 2/Ottawa National Wildlife Refuge ........................ 500,000

Presidio Trails and Bikeways, Golden Gate National Recreation 

Area, California .................................................................................. 1,000,000 

Public Lands Highways Project, Cedar Creek bridge construction at 

Wilson Lake, Russell County, Kansas .............................................. 300,000 

Red Cliff Arch Bridge, Colorado ........................................................... 3,000,000 

Regional Tourism and Transportation Center, New York ................. 1,250,000 

Rehabilitation of the Henry Drive Bridge #001 over the Union Pacific Railroad tracks at Fort Riley, Kansas ...................................... 808,000 

Rossie Coats Road, Kemper County, Mississippi ................................ 150,000 

Russell Cave National Monument Road, Jackson County, Alabama 500,000 

Saginaw Chippewa Transportation Improvement Project, Michigan 1,200,000 

Salmon Falls Creek Bridge ................................................................... 500,000 

Seminoe Dam Road, Wyoming .............................................................. 3,500,000 

Shotgun Cove Road, Alaska .................................................................. 2,000,000 

Six County Fort Peck Road Access Project, Montana ......................... 1,500,000 

Skokomish Tribe Roadway Improvements, Washington .................... 1,300,000 

Snake Road (BIA Route 1281) Improvement, Florida ........................ 1,000,000 

Southeast Alaska Seatrails ................................................................... 500,000 

State Highway 149, Colorado ............................................................... 400,000 

Stoughton Pond Road, Weathersfield, Vermont .................................. 100,000 

Sturgeon Lake Road Overpass, Minnesota .......................................... 2,000,000 

Summit Valley Road, San Bernardino County, California ................. 500,000 

Tank Destroyer Blvd, Ft. Hood, Texas ................................................ 1,000,000 

Taylor Hill Road US Secondary Montana 234 .................................... 1,420,000 

Timucuan Preserve Bike Trail, Florida ............................................... 1,000,000

US Highway 491 (666) on the Navajo Nation, New Mexico .............. 1,000,000 

US 93 Evaro to Polson Wildlife Crossings, Montana .......................... 1,000,000 

USMC Heritage Center Access, Virginia ............................................. 650,000 

Western Canalway, Suffolk and Moody Street Reach, Massachusetts ..................................................................................................... 400,000 

Western Maryland Low Impact Welcome Center at Byron Overlook, Maryland .................................................................................... 800,000

Wolf Trap National Park Pedestrian Crossing, Virginia .................... 750,000

SCENIC BYWAYS

Within the funds available for the scenic byways program, 

funds are to be available for the following projects and activities:

Project Amount 

Amherst County Greenway, Virginia ................................................... $1,000,000 

City of Espanola El Camino Real Scenic Byway alignment, New 

Mexico ................................................................................................. 60,000 

Enhancements to Route 6A Scenic Byway, Cape and Islands Rural 

Roads Initiative, Massachusetts ....................................................... 800,000 

Flagler County Scenic and Historic A1A, Florida ............................... 890,000 

Idaho National Scenic Byways ............................................................. 75,000 

949

Project Amount 

Kentucky Scenic Byways ....................................................................... 1,000,000 

Mason Creek Greenway, Virginia ........................................................ 1,000,000 

New York State Scenic Byways Statewide project ............................. 2,000,000 

Pioneer Historic Byway Interpretive Site Development, Idaho ......... 100,000

Snoqualmie Point View Park, Washington .......................................... 600,000 

US 78 Bamberg Scenic Highway Project, South Carolina ................. 4,000,000 

Welcome Center off SR 410, Washington ............................................ 1,285,000 

Woodward Avenue—Developing the Byway Story, Michigan ............ 440,000

INTERSTATE MAINTENANCE DISCRETIONARY

Within the funds available for the interstate maintenance discretionary program, funds are to be available for the following 

projects and activities:

Project Amount 

Cawtawba Avenue Interchange (I–77) Improvement, North Carolina ...................................................................................................... $750,000 

Central Sarasota Parkway Interchange at I–75, Sarasota, Florida 500,000 

City of Wheat Ridge, Colorado, I–70 and State Highway 58 Interchange Reconstruction, Colorado ...................................................... 800,000 

Conceptual Development and Preliminary Design improvements to 

the intersections of Interstate 59, Mississippi ................................. 265,000 

Coors/Interstate 40 Interchange Reconstruction, New Mexico .......... 1,000,000 

Ellensburg Interchange I–90, Milepost 108.31, Washington ............. 1,500,000 

Four interchanges at I–435 and I–35 in Johnson County, Kansas 1,000,000 

I–12 Sound Barriers, Slidell, Louisiana ............................................... 750,000 

I–15 Reconstruction: 10800 South to 600 North, Utah ...................... 6,000,000 

I–182, Queensgate to SR 240, Richland, Washington ........................ 2,000,000 

I–20 Downing Pines Interchange, Louisiana ....................................... 1,000,000 

I–210 and Highway 14 Interchange, Lake Charles, Louisiana ......... 800,000 

I–25, US 36, I–270 Interchange, Colorado .......................................... 450,000 

I–25/Tramway Interchange, Albuquerque, New Mexico .................... 1,500,000 

I–285 Noise Walls, Henderson Mill to Chamblee Tucker Road, 

Georgia ................................................................................................ 500,000 

I–285 Noise Walls, I–20 to Bouldercrest Road, Georgia ..................... 480,000

I–295/Meadowville Interchange, Virginia ............................................ 1,500,000 

I–35 East/I–635 Interchange, Texas .................................................... 925,000 

I–35/127th Street Overpass, Olathe, Kansas ...................................... 3,000,000 

I–40 and I–55 ramps, Memphis, Tennessee ........................................ 1,000,000 

I–405 Corridor Improvements, Washington ........................................ 2,000,000 

I–44 Rogers Lane Interchange, Lawton, Oklahoma ........................... 1,000,000 

I–476 Reconstruction and Widening Project, Pennsylvania ............... 830,000 

I–49 South, Louisiana ........................................................................... 3,000,000 

I–5 Rush Road to Maytown Widening, Lewis County, Washington 2,000,000 

I–5 Vancouver Interchange Improvements, Washington ................... 1,000,000 

I–5, Lynnwood City Center Exit, Washington .................................... 1,000,000 

I–5/Ortega Highway Interchange Construction, California ............... 800,000 

I–676 Martin Luther King Boulevard, Camden County, New Jersey 1,000,000 

I–69/SR 304 Paving, Mississippi .......................................................... 5,925,000 

I–695 Baltimore Beltway N/E Inner Loop, Maryland ........................ 750,000 

I–70 Improvement Project: Frederick, Maryland ................................ 4,025,000 

I–75/Aviation Blvd Atlanta, Georgia .................................................... 800,000 

I–76, Fort Morgan, Colorado to Brush, Colorado ................................ 200,000 

I–77/Lauby Road Exit, Ohio .................................................................. 1,000,000 

I–80 Truck Climbing Lane, Keystone to Robb Drive, Nevada ........... 500,000

I–80/Iowa 945 Interchange, Polk County ............................................ 3,000,000

I–84, Glenns Ferry to King Hill, Idaho ................................................ 2,000,000

I–84/Route 2 East Hartford, Connecticut, operational improvements (flyover access) ........................................................................ 750,000

I–85 Coweta County Noise Barriers, Georgia ..................................... 750,000

I–90, Spokane to Idaho State Line, Washington ................................ 2,000,000

I–96/Latson Road Interchange, Michigan ............................................ 750,000

IH35/SH45 Interchange at Round Rock, Texas .................................. 200,000

Interstate 10 Cypress Avenue Overcrossing, California ..................... 800,000

Interstate 295/Route 38 Interchange Improvements, New Jersey .... 750,000

Interstate 430/630, Interchange Modification, Arkansas ................... 800,000

950

Project Amount 

Interstate 44 and US 65 Interchange, Missouri ................................. 1,000,000

Interstate 80 (I–80) Colfax Narrows Project, Nevada ........................ 2,000,000

Interstate 80–Exits 298–299 Renovation Project, Pennsylvania ....... 750,000

Isleta Boulevard Improvement Project ................................................ 500,000

Kelly USA: New Luke Road, Texas ...................................................... 200,000

Laval Road Interchange Upgrades at I–5, California ......................... 800,000

Louisville—Southern Indiana Ohio River Bridges Project, Indiana 3,250,000

Madison I–565 Interchange at County Line Road, Alabama ............. 1,000,000

Montgomery County, Ohio—Interstate 75, Ohio ................................ 2,000,000

New York State Thruway Authority, Westchester County, Byram 

Bridge Rehabilitation ......................................................................... 800,000

Noise Walls on I–20 from Fulton Industrial Boulevard to H. E. 

Holmes, Fulton County, Georgia ...................................................... 500,000

Northbound I–675 Sound Barrier, Ohio .............................................. 1,000,000

Ohio River Bridges, Kentucky .............................................................. 6,550,000

Pavement and Bridge Rehabilitation on I–85, North Carolina ......... 800,000

Pennsylvania Turnpike—Interstate 95 Interchange Project ............. 2,000,000

Phase II, I–44 Modification (Widen Eastbound I–44 Bridge at 

Meramec River), Missouri ................................................................. 200,000

Rancho Cucamonga I–15 and Base Line Road Interchange Improvements, California ...................................................................... 800,000

Reconstruct Exit 60—I–90 in Rapid City, South Dakota ................... 5,100,000

Valley Mall Boulevard Interchange and South Union Gap Interchange, Washington ........................................................................... 500,000

Valleydale Road at I–65, Alabama ....................................................... 5,000,000

Waltham, Massachusetts I–95/Rt 20 Interchange .............................. 1,700,000

Widening Interstate 35 East between FM 2181 and Lake 

Lewisville, Denton County, Texas .................................................... 200,000

BUREAU OF TRANSPORTATION STATISTICS

The conferees provide $31,000,000 for the Bureau of Transportation Statistics under the FHWA appropriation. However, the conferees continue to be concerned about staffing increases since 1993, 

the year BTS was established. Therefore, the conference agreement 

limits BTS full time positions to 136. 

FEDERAL-AID HIGHWAYS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

The conference agreement provides a liquidating cash appropriation of $34,000,000,000 for the federal-aid highways program 

as proposed by both the House and the Senate. 

FEDERAL-AID HIGHWAYS

MISCELLANEOUS HIGHWAY AND HIGHWAY SAFETY PROGRAMS

(HIGHWAY TRUST FUND)

The conference agreement provides contract authority from the 

Highway Trust Fund (other than the Mass Transit Account) for the 

Pennsylvania Avenue project in Washington, D.C., and for Amber 

Alert grants. In addition, contract authority is provided for the 

Federal Motor Carrier Safety Administration’s new entrant program, southern border enforcement activities, northern border 

truck inspections, and commercial driver’s license program improvement grants; and the National Highway Traffic Safety AdVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00954 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
951

ministration’s operations and research program. This funding shall 

be subject to the Federal-aid obligation limitation. 

FEDERAL-AID HIGHWAYS

(HIGHWAY TRUST FUND)

(RESCISSION)

The conference agreement includes a rescission of $207,000,000 

of funds in unobligated contract authority balances from the five 

core highway programs—Surface Transportation Program, Interstate Maintenance, National Highway System, Congestion Mitigation/Air Quality Improvement program, and the Bridge program. 

APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

The conference agreement provides $125,000,000 for the Appalachian Development Highway System (ADHS), instead of 

$150,000,000 as proposed by the Senate. The House did not provide 

funding for this purpose. A total of $40,000,000 shall be allocated 

in accordance with the ADHS most recent cost-to-complete study 

and the remaining $75,000,000 shall be allocated as follows: 

$20,000,000 for Kentucky Corridors; $3,000,000 for Tennessee Corridor S; $2,000,000 for Corridor V, Mississippi; $20,000,000 for 

West Virginia Corridor H; and $30,000,000 for Alabama Corridor 

X. 

GENERAL PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

The conference agreement includes a provision (Sec. 110) that 

modifies the distribution of Federal-aid highway obligation limitation proposed by the Senate. 

The conference agreement includes a provision (Sec. 111), as 

proposed by the House, that designates U.S. 78 from Memphis, 

Tennessee, to Corridor X near Fulton, Mississippi, extending to 

Birmingham, Alabama, as a High Priority Corridor and a future 

interstate. 

The conference agreement includes a provision (Sec. 112) that 

modifies a House provision amending section 1692 of the Transportation Equity Act of the 21st Century (TEA–21) to allow changes 

to projects in New York, Louisiana, Michigan, Kentucky, Illinois 

and South Carolina. 

The conference agreement includes a provision (Sec. 113) that 

allows funds received by the Bureau of Transportation Statistics 

from the sale of data products to be credited to the Federal-aid 

Highways account, as proposed by both the House and Senate. 

The conference agreement includes a provision (Sec. 114) that 

amends TEA–21 to allow ITS funds already appropriated to the 

state of Wisconsin to be used for the installation in the areas of 

Wausau and Superior. 

The conference agreement includes a provision (Sec. 115) that 

provides additional amounts from within the Federal-aid obligation 

limitation for the following surface transportation projects:

Project Amount 

10th Street South Phase II, St. Cloud, MN ......................................... $200,000

135th Street Widening and US 69 Northbound Ramp, Kansas ........ 2,750,000

952

Project Amount 

168th and State Streets Intersection improvements .......................... 200,000

3–Bridge Corridor Project, Skagit County, Washington ..................... 800,000

40th Street Corridor project, City of Tampa ....................................... 750,000

40th Street Corridor project, City of Tampa ....................................... 500,000

51–43 Connector Canton, Mississippi .................................................. 1,000,000

60/67 Interchange-Butler County, Missouri ........................................ 3,000,000

7th Street Widening Project, Harrisburg, Pennsylvania .................... 500,000

95th Dan Ryan Transit Station ............................................................ 1,000,000 

Adrien’s Landing, Hartford, Connecticut ............................................. 5,000,000 

Alaskan Way Viaduct & Seawall, Seattle, Washington ..................... 1,000,000 

Albany Georgia Intermodal Facility ..................................................... 1,000,000 

Albuquerque, New Mexico-University Boulevard Extension ............. 250,000 

American Samoa Ferry Boat System ................................................... 300,000 

Amesbury, Massachusetts bus facility upgrade .................................. 1,100,000 

Anacostia Riverwalk and Trail Construction, District of Columbia 400,000 

Annie Glidden Road, DeKalb, Illinois .................................................. 500,000 

Applied Sciences Building, Alabama .................................................... 30,000,000 

Area Wide Traffic Signal Synchronization System, Phase III ........... 1,500,000 

Arkwright Connector, South Carolina ................................................. 1,000,000 

Arlington County Jefferson Davis Highway (Rt 1) Improvements .... 500,000 

Arlington County South Glebe Road improvements ........................... 800,000 

Aroostook County North-South Highways, Maine .............................. 3,550,000 

Atlantic Avenue Extension, Jamaica, Queens, New York .................. 1,250,000 

Attleboro Intermodal Transportation Center, Attleboro, Massachusetts ..................................................................................................... 2,200,000 

Augusta Rail Relocation Project, Georgia ............................................ 2,000,000 

Austin Metropolitan Area Bicycle Routes ............................................ 400,000

Badger Creek Crossing, Fall River Lake, Greenwood County, Kansas ........................................................................................................ 100,000

Barlett Access Intersection Safety Improvements, Alaska ................ 500,000

Battlefield Parkway expansion from Kincaid Boulevard to Route 7, 

Virginia ............................................................................................... 6,000,000 

Beacon Falls Depot Street Bridge, Connecticut .................................. 1,000,000

Beacon Falls-Seymour, Connector Roadway ....................................... 750,000

Beale Street Landing/Docking Facility—City of Memphis, Tennessee .................................................................................................. 1,000,000 

Bear Creek Greenway, Oregon ............................................................. 2,000,000 

Beargrass Creek Bridges ....................................................................... 500,000

Beckley VA Medical Center Access Road, West Virginia ................... 1,000,000

Bedford, New Hampshire Route 101 Corridor Safety Improvement 

Project ................................................................................................. 1,000,000

Belford Road, Holly, Michigan .............................................................. 800,000

Bergen Intramodal Stations and park-n-ride Capital Improvements, New Jersey ............................................................................. 2,250,000

Berkshire/Franklin Mohawk Trail Scenic Byway, Massachusetts .... 1,000,000

Berlin G. Meyers Parkway Extension, South Carolina ...................... 1,000,000

BIA Route 27 Reconstruction, Pine Ridge Indian Reservation, 

South Dakota ...................................................................................... 3,000,000

Billings Bypass Development: Design and ROW, Montana ............... 2,000,000

Birmingham Northern Beltline, Alabama ........................................... 2,000,000

Bismark Fixed Route Bus System, Fargo/Moorhead Transit Maintenance Facility, Valley City Garage, North Dakota ...................... 2,650,000

Blue Water Port Huron Intermodal Facility Project, Michigan ......... 2,000,000

BNSF Track Relocation Project, Everett, Washington ....................... 500,000

Bobby Jones Expressway (GA)/Palmetto Parkway (SC) extension in 

South Carolina ................................................................................... 4,000,000

Boston Harbor Islands National Park Area Universal Access, Massachusetts ........................................................................................... 2,250,000

Boulder Ave Bridge project, Highland, California .............................. 1,000,000

Bowman Road and Johnnie Dodds Boulevard, Highway 17, Mount 

Pleasant, South Carolina ................................................................... 3,000,000

Bremerton Pedestrian/BTC Access Improvement project, Washington .................................................................................................. 2,500,000

Bridge Replacement Project, Mound Branch and Pawpaw Creek 

Bridges on K–99 in Elk County, Kansas .......................................... 1,000,000

Broken Arrow 101st street corridor from State Highway 51 to 

Town Center, Oklahoma .................................................................... 250,000

953

Project Amount 

Broken Bow rail spur, Oklahoma ......................................................... 750,000

Bronx HUB Streetscape Improvement & Pedestrianization .............. 1,000,000

Bronx River—Concrete Plant Link of the Bronx Greenway .............. 700,000

Buffalo Outer Harbor Project, New York ............................................ 5,000,000

Business Route I–44 (Chestnut Expressway) and National Avenue 

Intersection Improvement, Missouri ................................................ 750,000

Butler County Industrial Infrastructure Development—City of 

Greenville, Alabama .......................................................................... 750,000

Bypass Road in Nome, Alaska .............................................................. 2,000,000

Byram-Clinton/Norrell Corridor, Mississippi ...................................... 3,000,000

C Street Railroad bypass, Alaska ......................................................... 2,000,000

Cactus Avenue, I–15 Interchange Project ........................................... 200,000

California University of Pennsylvania Shuttle System (CUPSS), 

Pennsylvania ...................................................................................... 2,000,000

CalTrain Train Tracking Information System .................................... 500,000

Capacity Enhancement of South Shore Commuter Rail Service ....... 3,000,000

Capacity expansion on I–35 in Olathe, Kansas, from 159th St. to 

175th St. ............................................................................................. 1,000,000

Cape Fear River Planning Project, North Carolina ............................ 750,000

Capital Metro North Operating Facility .............................................. 1,000,000

Caraway Bridge Overpass, Arkansas ................................................... 1,000,000 

Center City Project, Columbus, Ohio ................................................... 3,000,000

Central Florida Regional Transportation Authority: North Orange/

South Seminole ITS Enhanced Circulator ....................................... 2,071,000

Central Kentucky Line Rail Service Preservation Project ................. 500,000

Central Susquehanna Valley Transportation U.S. 15, Pennsylvania 2,000,000

Chattanooga (CARTA) ITS, Tennessee ................................................ 2,500,000

Chehalis, I–5 Exit 79 Interchange Bridge, Washington ..................... 3,000,000

Chenega Road System, Alaska ............................................................. 850,000

Cheyenne Corridor Safety Improvement Project in Pocatello, Idaho 1,500,000

Chocorua Village Transportation Improvement Project ..................... 500,000

Cities of Beverly and Salem Intermodal, MA ...................................... 1,100,000

City of Arvada, Colorado, Wadsworth Blvd/SH 121/Grandview 

Grade Separation ............................................................................... 500,000

City of Asheville Traffic Signal System Upgrades .............................. 2,000,000

City of Aurora, Colorado I–225 and Colfax Avenue Interchange reconstruction ........................................................................................ 2,500,000

City of Austin East 7th Street .............................................................. 1,000,000

City of Bayfield, Highway 13 Emergency Culvert Repairs ................ 640,000

City of Beloit, Gateway Boulevard Project, Wisconsin ....................... 500,000

City of Boston—Harbor Islands NRA Long Island Pier Reconstruction, Massachusetts ............................................................................ 300,000

City of Charles Town—Gateway Revitalization Project, West Virginia ..................................................................................................... 350,000

City of Columbus, Ohio, Morse Road corridor improvement program phase I ....................................................................................... 500,000

City of Covina Metrolink Pedestrian Bridge ....................................... 500,000

City of Crowley’s Historic Parkerson Avenue Redevelopment 

project, Louisiana ............................................................................... 1,000,000

City of Elkhart Hively Avenue underpass, Indiana ............................ 100,000

City of Fort Worth Corridor Redevelopment Program ....................... 2,000,000

City of Gardena Street and Highway Improvements ......................... 500,000

City of Kennesaw, Georgia: Pedestrian Underpass ............................ 1,500,000

City of Lakewood, Colorado, US 6 and SH 121 Interchange Reconstruction .............................................................................................. 500,000

City of Las Vegas Pedestrian Connections .......................................... 500,000

City of Lufkin—Intermodal Transit Terminal/Parking Facility ........ 1,000,000

City of Madison State Street Revitalization ........................................ 750,000

City of Madison, Wisconsin East Washington Avenue Reconstruction ...................................................................................................... 2,000,000 

City of Orangeburg Railroad Relocation Project ................................. 2,000,000

City of Oxford, Mississippi bike path ................................................... 800,000

City of Revere, Massachusetts Intermodal Transit Improvements ... 2,200,000

City of St. Petersburg, Florida, bike path ........................................... 500,000

City of Waco Bus Facility Project ......................................................... 1,500,000

City of Westbrook, Maine, Improvements to Route 25, Wayside 

Drive and William Clark Drive ......................................................... 1,000,000

954

Project Amount 

City of Wewoka, Oklahoma ................................................................... 250,000

Cleveland Avenue, Lake Township, Ohio ............................................ 1,000,000

Collins Road (Iowa Highway 100) and 1st Avenue (Business Highway 151) in Cedar Rapids, Iowa ....................................................... 750,000

Colonial National Historic Park, Jamestown 400th Anniversary 

Transportation Improvements, Virginia .......................................... 7,000,000

Coltsville Corridor Redevelopment Project, Connecticut .................... 1,000,000

Commerce City, Colorado, East 104th Avenue and US 85 Intersection Improvements ............................................................................. 500,000

Commodore Barry Bridge ramps to Chester, Pennsylvania .............. 1,000,000

Construction of rail overpass in Claremore, Oklahoma ..................... 500,000

Construction of the Bishopville Bypass in Lee County, South Carolina ...................................................................................................... 500,000

Construction of US 17 and Bowman Road Interchange in Town of 

Mount Pleasant, South Carolina ...................................................... 250,000

Convocation Center Roadway ............................................................... 2,000,000

Copperas Cove Reliever Route, Texas .................................................. 1,000,000

Corporal Roger Sneeden Drive Overpass, Boone, Iowa ...................... 40,000

County State Aid Highway 21 Project, Minnesota ............................. 750,000

CR 578 Widening from Mariner Boulevard to Suncoast Parkway, 

Florida ................................................................................................. 1,250,000

Craig Road Improvements, Alaska ....................................................... 1,000,000

Crocker/Stearns, widening and construction, North Olmstead, Ohio 800,000

CSAH 42: Segment 8 Implementation Plan Project ........................... 250,000

Cumberland Head Connector Road, Clinton, New York .................... 1,000,000

Cyberport, Arizona ................................................................................ 2,750,000

Dagget Road, Port of Stockton, California ........................................... 100,000

Decatur Beltline Expansion, Decatur, Alabama ................................. 2,000,000

Delaware Avenue Streetscape Program in the Village of Kenmore, 

NY ....................................................................................................... 600,000

Delaware Commuter Rail Improvement Project ................................. 1,500,000

Delaware River Port Authority—Ben Franklin Bridge, Pennsylvania .................................................................................................... 5,000,000

Deming, New Mexico I–10 Frontage Road Extension ........................ 1,800,000

Derita Road Improvements Project, Concord, North Carolina .......... 1,250,000

Des Moines Riverwalk, Des Moines, Iowa ........................................... 1,000,000

Detroit Center City Loop ....................................................................... 750,000

Donlin Creek Road, Alaska ................................................................... 10,000,000

Double Eagle II Airport (Paseo del Volcan) Interchange and Roadway Rehabilitation, New Mexico ....................................................... 2,000,000

Downtown Butler Cityscape Project ..................................................... 150,000

Downtown Rail Trolley, Corpus Christi, Texas ................................... 500,000

Dynamic Changeable Message Signs—Urban Interstate System, 

Iowa ..................................................................................................... 1,000,000

East Bay Incident & Emergency Management System ...................... 200,000

East Central Bus Coalition Bus Procurement, Florida ...................... 3,000,000

East Flagstaff Traffic Interchange, Arizona ........................................ 1,000,000

Eufaula Broad Street Restoration Project, Alabama .......................... 500,000

Exit 18 Connector Road, Warren County, New York ......................... 300,000

Extend 4-Lane Highway from Maverick Junction to Nebraska in 

Fall River County, South Dakota ..................................................... 250,000

Fairfield/Vacaville Intermodal Transit Station ................................... 800,000

Fairmont Gateway Connector System ................................................. 5,600,000

Fairmont Pedestrian Bridge ................................................................. 200,000

Fall River Drainage Bridge Replacement, Harper County, Kansas 1,500,000

False Pass, Alaska causeway and road to the terminus of the south 

arm breakwater project ..................................................................... 3,000,000

Farish Street Historic District Improvements, Mississippi ............... 500,000

FAST Corridor, Washington ................................................................. 3,000,000

Fayette Downtown Revitalization, Alabama ....................................... 700,000

Feasibility Study and Work Plan for International Trade Processing Center, Wichita, Kansas ........................................................ 1,000,000 

Feasibility study for Routes 495/195 Interchange, Wareham, Massachusetts ........................................................................................... 500,000

Fairbanks Transit bus replacement, Alaska ....................................... 3,000,000 

Fishers Island Ferry District New London Terminal Expansion and 

Upgrade, Connecticut ........................................................................ 750,000 

955

Project Amount 

Five laning of Kickapoo, Shawnee Oklahoma ..................................... 1,200,000

Five Points Improvement Project, Huntsville, Alabama .................... 500,000

Fleming County maintenance garage .................................................. 275,000

Florida Beach Walk Initative, Clearwater, FL ................................... 500,000

Florida High Speed Rail Corridor Project ........................................... 4,000,000

FM 66 Ellis County from IH–35 in Waxahachie to FM 157 at 

Maypearl, Texas ................................................................................. 750,000

Forest Park/Atlanta State Farmers Market Transportation Study, 

Georgia ................................................................................................ 400,000

Forsyth Downtown Streetscape Project, Georgia ................................ 750,000 

Fort Worth Urban Villages and Commercial Corridors ..................... 500,000

Franklin County Connecticut River Scenic Byway, MA ..................... 1,000,000

Frazer Township Interchange, Pennsylvania ...................................... 500,000

Frederick Douglass Bridge, Washington, DC ...................................... 7,000,000

Freight Rail Transportation Corridor and Urban Mobility Program, 

Harris County, Texas ......................................................................... 1,000,000

Frontage Road, I–20 Vicksburg, Mississippi ....................................... 2,500,000

Gallagher Intermodal Transportation Center Project ........................ 1,800,000

Galveston Railroad Bridge Replacement, Texas ................................. 500,000

Gateways for Maine’s National Scenic Byways ................................... 1,000,000

Genesee & Wyoming, South Buffalo, New York, track rehabilitation 500,000 

Georgia Veterans Memorial Park, Rockdale County, Georgia ........... 500,000

Gill-Montague Bridge, Massachusetts ................................................. 5,000,000 

Gilmerton Bridge, Virginia ................................................................... 4,000,000 

Girdwood Project, Alaska ...................................................................... 1,000,000 

Glacier National Park Going to the Sun Road, Montana ................... 8,000,000 

Glenwood Avenue Overpass, Ohio ........................................................ 1,000,000 

Grade Separation Interchange at Burlington Avenue and the new 

Hoosier Hartland Highway in Logansport, Indiana ........................ 1,000,000

Grand Avenue Railroad relocation, Illinois ......................................... 500,000 

Grand Canyon Greenway Project, Arizona .......................................... 250,000

Grandview Triangle Improvements, Missouri ..................................... 1,000,000

Granite Street and Bridge Widening Project, New Hampshire ......... 7,000,000

Great Miami River Recreational Trail, Miami and Warren Counties, Ohio ............................................................................................. 342,500

Great River Road in Mercer County, Illinois ...................................... 250,000

Greenville, Mississippi, I–69 Connector EIS, Route Location, Feasibility Study ......................................................................................... 1,000,000

Greenwood Railroad Relocation, Mississippi ....................................... 1,500,000

Haleyville Bypass, Alabama ................................................................. 6,500,000

Hamilton County Riverway, Indiana ................................................... 500,000

Harlem River Promenade, New York ................................................... 500,000

Harlingen: Railroad Relocation ............................................................ 800,000

Harrisburg Transportation Center ....................................................... 1,200,000

HART Bus Facility—Ybor Station Intermodal Facility ...................... 500,000

Hartford New Britian Busway, Connecticut ....................................... 6,000,000

Henry Drive Bridge #801—Fort Riley, Kansas ................................... 5,000,000

Highway 19 Expansion, Mississippi ..................................................... 2,000,000

Highway 22 Improvements Edwards-Canton ...................................... 2,000,000

Highway 226: Highway 67 to Highway 63 Jonesboro, Arkansas ...... 1,500,000

Highway 29/Highway 51 Wausau, Wisconsin ..................................... 4,000,000

Highway 412: Baxter County Line to Eastern Sharp County Line, 

Arkansas ............................................................................................. 1,000,000

Highway 60 and Highway 65 Interchange Replacement ................... 1,250,000

Highway 74 Monroe Bypass ................................................................. 2,600,000

Highway 92 study in Warren County, Iowa ........................................ 460,000

Hillsborough County I–4 Crosstown Connector, Florida .................... 2,000,000

Historic Street Improvements, New Bedford, Massachusetts ............ 300,000

Hobson Intermodal facility in Middleport, Ohio ................................. 200,000

Hollywood Drive Expansion Project—City of Jackson, Tennessee .... 600,000

Holyoke Canalwalk, Massachusetts ..................................................... 1,200,000

Holyoke Multimodal Transportation Center, MA ............................... 2,000,000

Hoover Dam Bypass-Boulder Extension (US 93/US 95, Wagon 

Wheel Pass), Nevada ......................................................................... 6,000,000

Hopkins County, Texas Intermodal Center ......................................... 750,000

Houston Greater Partnership Quality of Life Initiative, Texas ......... 500,000

Houston, Texas Main Street Corridor Revitalization Project ............ 500,000

956

Project Amount 

Houston-Galveston Regional Congestion Study, Texas ...................... 750,000

Hudson Crossing, Bi-County Education Park ..................................... 250,000

Huntsville federal building, Alabama .................................................. 3,600,000

Hydaburg Road Improvements, Alaska ............................................... 2,000,000

I–20 widening in Caddo (Texas line, Shreveport) ............................... 500,000

I–15 North, Davis County, Utah .......................................................... 2,000,000

I–15, Utah/Salt Lake County Line to SR–92 ....................................... 2,300,000

I–195 Relocation, Rhode Island ............................................................ 2,000,000

I–20 Widening and Safety Improvements, Alabama .......................... 3,500,000

I–205, Oregon ......................................................................................... 1,000,000 

I–215 and Barton Road Interchange, Grand Terrace, California ...... 500,000 

I–270 at Dorsett & I–70 interchange improvements, Missouri ......... 5,000,000 

I–275 to AA Highway Connector, Kentucky ........................................ 1,500,000

I–40 Crosstown Expressway ................................................................. 27,000,000

I–44 exit ramp in Luther area, Oklahoma .......................................... 2,000,000

I–44 widening and construction Arkansas River east to Yale Avenue in Tulsa, Oklahoma .................................................................... 6,000,000

I–49 North, Louisiana ........................................................................... 3,000,000

I–5 Second Street Bridge, Mount Vernon, Washington ...................... 3,000,000

I–5 Transportation and Trade partnership project, Southwest 

Washington ......................................................................................... 3,000,000

I–5, 116th Street NE Interchange Improvements, Snohomish, 

Washington ......................................................................................... 2,000,000

I–540 and Perry Road Interchange, Rogers, Arkansas ...................... 3,000,000

I–55, Church Road to Tennessee State Line, DeSoto County, Mississippi ................................................................................................ 2,000,000

I–64 and Pocahontas Parkway Connector ........................................... 1,200,000

I–65 Cloverland Bridges, Montgomery, AL ......................................... 1,000,000

I–65 Industrial Park Access Improvements, Atmore, Alabama ......... 500,000

I–66 Pike County, KY ............................................................................ 2,000,000

I–66 Somerset to London, KY ............................................................... 2,000,000

I–66/Route 29 Gainsville Interchange, Virginia .................................. 1,750,000

I–69 Connector, Arkansas ..................................................................... 750,000

I–69, Louisiana ...................................................................................... 2,000,000

I–69, Texas ............................................................................................. 7,400,000

I–73, South Carolina ............................................................................. 2,250,000

I–75 in Rockcastle County, Kentucky (Milepoint 64.5 to Milepoint 

69.0), 4.5 Miles ................................................................................... 1,500,000 

I–75, Enterprise South Connector Road, Chattanooga, Tennessee ... 1,000,000 

I–75, Whitley County, Kentucky erosion mitigation .......................... 500,000 

I–79/Parkway West Missing Ramps and Widening Project, Pennsylvania .................................................................................................... 1,000,000 

I–80 Bridges Cedar River Bridges, Iowa ............................................. 3,000,000 

1–80 Waukee/West Des Moines Interchange ...................................... 3,000,000 

I–81 Corridor and I–690 Interchange Improvement Project in Syracuse, New York ................................................................................... 2,000,000 

1–87 exit 11A new interchange, New York ......................................... 2,000,000 

I–880/Coleman Avenue Interchange Reconstruction .......................... 1,000,000 

I–95 at CR 23, Georgia .......................................................................... 750,000 

I–95/SR1 Interchange Turnpike Improvements, Delaware ................ 1,000,000 

I–96 at Beck Rd. and Wixom Rd. interchange reconstruction, 

Michigan ............................................................................................. 2,500,000 

IH 30 from FM 989 (Kings Highway) to US 59/171 (Stateline Avenue) in Texarkana, Texas .................................................................. 2,500,000 

IH–30 Interchange Improvement Project, Texas ................................ 2,000,000 

IH–35 Texas ........................................................................................... 6,000,000 

Illinois Route 38 at Union Pacific Railroad Grade Separation .......... 250,000 

Improve access to the Pennsylvania Correctional Institute near 

Brownsville, Pennsylvania ................................................................ 3,000,000 

Improvements to I–70/Route 63 Interchange—Columbia, Missouri .. 1,000,000 

Improvements to I–75 in Lee County, Florida .................................... 1,500,000 

Indianapolis Stadium Drive District, Indiana ..................................... 2,000,000 

Industrial Park Access Road Winfield, Alabama ................................ 500,000 

Industrial Road Improvements, Seminole, Oklahoma ........................ 500,000 

Intermodal Transload Facility, Quincy, Washington .......................... 2,000,000 

Intermodal Transportation for Corridor from Atlanta to Chattanooga, Tennessee ............................................................................ 2,000,000 

957

Project Amount 

Interstate 10/Tippecanoe Interchange, California .............................. 3,000,000 

Interstate 15 Managed Lanes, California ............................................ 1,000,000 

Interstate 5–Sorrento Valley Road and Genesee Avenue Interchange Project .................................................................................... 1,500,000 

Interstate 80, Northwest 27th St. to West of 1–180, Nebraska ......... 1,500,000 

Interstate 90 joint port-of-entry near Sheridan .................................. 1,000,000 

Interstate 94/43/794 (Marquette Interchange), Milwaukee, Wisconsin .................................................................................................. 6,000,000 

Interstate–75 Interchange at Pines Boulevard (SR 820) .................... 1,000,000 

InterTech Science Park Transportation-Improvements Initiative ..... 500,000 

Iowa City Near North Side Transportation Center, Iowa .................. 2,100,000 

Island Transit Operations and Maintenance Facility ........................ 1,800,000 

ITS—City of East Peoria ....................................................................... 200,000

ITS—174 in Peoria, IL .......................................................................... 750,000

Jacksonville Water Taxi Stations, Florida .......................................... 750,000

Jefferson Road Connector (Kanawha County, West Virginia) ........... 1,000,000

Jimmy Carter Blvd pedestrian safety, Gwinnett County, Georgia ... 400,000

Johnsonburg By-pass ............................................................................. 300,000

Johnsontown Road, Kentucky ............................................................... 1,000,000

Jonesboro Transportation and Drainage Planning, Arkansas ........... 1,000,000

Kaskaskia Regional Port District, access roads .................................. 220,000

Kenai Fjords National Park Resurrection Bay Trail and Parking 

Improvements, Seward, Alaska ........................................................ 2,300,000

Kennedy Center Potomac River Pedestrian and Bike Path ............... 5,000,000

Kentucky TriModal Transpark ............................................................. 5,250,000

Keystone Drive and Related Improvements, Alaska .......................... 1,500,000

King County Metro park and Ride of First Hill, Seattle, Washington .................................................................................................. 3,626,000

King County, South Park Bridge, Washington ................................... 2,000,000

Knik Arm Bridge Causeway, Alaska ................................................... 6,000,000

KY 115 and KY 911 Interchange, Kentucky ....................................... 1,500,000

L.L. Tisdale Parkway/Increase Loop, Oklahoma ................................ 250,000

LA 1148 to US 77 Alternate Access Improvement Project, Iberville 

Parish, LA ........................................................................................... 500,000 

LA 143–US 165 Connector & Ouachita River Bridge, Louisiana ...... 1,250,000 

LA Highway 28, Louisiana ................................................................... 2,000,000 

La Mesa-Nisqualli Road/I–15 Interchange Project ............................. 250,000 

Lafayette Street Extension/Pennsylvania Turnpike Electronic Toll 

Interchange ......................................................................................... 750,000 

Lake County, Tennessee, State Route 21, from Log Mile 7.0, to 

Obion County Line ............................................................................. 1,000,000 

Lake Martin Regional Industrial Park Access Rd., Kellyton, Alabama .................................................................................................... 500,000 

Lake Stanley Draper Road Improvements, Oklahoma ....................... 300,000 

Lane Transit District Bus Facilities .................................................... 750,000 

Laredo Signal Integration Project ........................................................ 1,750,000 

Lawrence Gateway Quadrant Area Reuse Plan, Lawrence, Massachusetts ............................................................................................... 500,000 

Lawrence, Kansas, Transit System maintenance facility .................. 400,000

Lechmere Station Relocation and Intermodal Expansion, Boston, 

Massachusetts .................................................................................... 1,000,000 

Lewis & Clark 511 Coalition, Montana ............................................... 1,000,000 

Lewis and Clark Expressway, Jackson County, Missouri .................. 1,000,000 

Lewis and Clark Historic Park at Kaw Point, Wyandotte County, 

Kansas ................................................................................................. 425,000 

Lexington Bridge Project, Cowlitz County, Washington .................... 1,500,000 

Lincoln Boulevard Improvement Project, California .......................... 1,000,000 

Lincoln bypass-SR65/Ferrari Interchange Construction, California 2,000,000 

Logan Square Access and Safety Improvements, Philadelphia, 

Pennsylvania ...................................................................................... 800,000 

Lombardy Street Renovation between Route 1 and Admiral Street 

(Richmond, VA) .................................................................................. 750,000 

Lone Tree Way Undercrossing of Union Pacific Railroad, Brentwood, CA ............................................................................................. 250,000

Long Meadow Parkway Fox River Bridge Crossing, Bolz Road, Illinois ...................................................................................................... 3,000,000 

Loop 304 Expansion and Improvement, Crockett, Texas ................... 1,000,000 

958

Project Amount 

Los Angeles City College Red Line Pedestrian Connector ................. 800,000 

Lucille Street and Mack Drive Improvements, Wasill, Alaska .......... 1,000,000 

Ludlum Trail, Miami-Dade County, Florida ....................................... 500,000 

Lyndale Avenue Bridge, Minnesota ..................................................... 3,000,000 

M&B Railroad Bridge 46.3 Repair, Alabama ...................................... 1,000,000 

Mahoning and Trumbell Counties—State Route 46, Ohio ................. 2,500,000 

Manhan Rail Trail Coleman Road Extension and Mitigation Project 750,000 

Manhattan-West Gallatin River Trail, Montana ................................ 300,000 

Marine Maintenance Facility Phase I, Manns Harbor, North Carolina ...................................................................................................... 1,000,000 

Marinette County, Wisconsin 1,250,000 .............................................. 500,000 

Market Street Bridge, Pennsylvania .................................................... 250,000 

Market Street, South Burlington, Vermont ......................................... 1,000,000 

Martin Luther King, Jr. Pkwy in Des Moines, IA .............................. 2,000,000 

Matanuska-Susitna Roads Improvement, Alaska ............................... 3,000,000 

McCaslin Boulevard/U.S. 36 Interchange Construction, Colorado .... 3,000,000 

MD 4 Suitland Parkway Interchange .................................................. 4,000,000 

MD 404, Phase II, Maryland ................................................................ 1,000,000 

MD 70 Bridge over Weems Creek, Maryland ...................................... 300,000 

Meridian Bridge Replacement, Yankton, South Dakota .................... 2,000,000 

Mesa del Sol, Albuquerque, New Mexico ............................................. 1,500,000 

Milwaukee Avenue Rehabilitation, Illinois ......................................... 200,000 

Miniature Transportation Safety Training Village in the Town of 

Brookhaven, New York ...................................................................... 1,000,000 

Monterey Bay Sanctuary Scenic Trail ................................................. 400,000 

Montgomery County ITS Phase II ....................................................... 1,000,000 

Montgomery County/U.S. 35 Widening, Ohio ..................................... 1,500,000

Montgomery Outer Loop, Alabama ...................................................... 2,000,000

Monticello/White County 6th Street West Shafer Drive .................... 800,000 

Moorefield, West Virginia Streetscape ................................................. 200,000 

Morgantown Intermodal Facilities ....................................................... 2,250,000 

Morse Road Improvements, Phase I, Indianola Avenue to Karl 

Road, Ohio .......................................................................................... 1,000,000

Mukilteo Multimodal Terminal, Washington ...................................... 2,000,000 

Municipal Transit Operators Coalition, California ............................. 1,000,000 

Mystic Seaport’s Riverfront Access Project ......................................... 100,000 

Nashville, Tennessee, East Corridor Commuter Rail project ............ 1,000,000

Navajo Route 16 ..................................................................................... 200,000

NE 10th Overlake Hospital Transportation Efficiency and Development Study, Washington ................................................................... 1,000,000

NE 23rd Street between Lincoln and I–35, Oklahoma City .............. 500,000

NEHLA Connector Road and Infrastructure Update ......................... 500,000

Neuse River Greenways Construction, Raleigh, NC ........................... 500,000

New Jersey Route 31 Highway/Congestion Mitigation Study ........... 150,000

New Jersey Route 57/CR Route 519 Intersection Improvements ...... 1,300,000

NH DOT—Londonderry South Road Advance, Mitigation/Wetland 

Creation .............................................................................................. 500,000

Niagara Falls International Rail Station & Intermodal Transportation Center, New York ................................................................... 2,500,000

Noise Barriers, Columbia County, Georgia ......................................... 200,000

Nonconnnah Road, Tennessee .............................................................. 2,000,000

Norfolk, Virginia light rail transit ....................................................... 1,000,000 

North Delaware River East Coast Greenway Trail Project, Pennsylvania .................................................................................................... 750,000 

North Las Vegas Intermodal Transit Hub .......................................... 1,000,000 

North Pole Roads Lighting, Alaska ...................................................... 950,000 

North Sinatra Avenue Drive, Hoboken, New Jersey .......................... 500,000 

North Slope Borough Road Improvements, Alaska ............................ 3,000,000 

North South Connector Highway, between SR119 and SR 30 in 

Chatham and Effingham Counties ................................................... 250,000

Northern Bypass of Somerset, Kentucky in Pulaski County ............. 3,000,000 

Northern Corridor, St. George, Utah ................................................... 1,000,000 

NW Quadrant Project in the City of St. Anthony, Minnesota ........... 750,000

Ohio and Erie Canal towpath trail, Ohio ............................................ 1,000,000

Oklahoma County I–40 ITS .................................................................. 3,000,000

Oneonta, Alabama Downtown Revitalization ...................................... 500,000

Orchard Lane and Factory Road, Greene County, Ohio .................... 1,000,000

959

Project Amount 

Osceloa, Wisconsin installation of culverts under Hwy. 35 and repair of eroded highway beds .............................................................. 400,000

Otay Mesa/State Route 905, California ............................................... 3,000,000

Park Drive Street Reconstruction ........................................................ 500,000

Park Lane Road Improvements, Altus, Oklahoma ............................. 2,800,000 

Paseo de Volca ́n, Rio Rancho, New Mexico ......................................... 4,000,000 

Paulsboro Brownfield Development Overpass to I–295 project, New 

Jersey .................................................................................................. 1,000,000

PCDC Bus-stop Related Facility Enhancements ................................ 750,000 

Pedestrian Walkway over US Highway 601 at South Carolina State 

University and Claflin University .................................................... 400,000

Pedestrian/Bicycle Linkage & Scenic Overlook Restoration, Grant, 

Alabama .............................................................................................. 25,000

Pembroke Road Overpass at I–75, Florida .......................................... 1,000,000

Pembroke Road Overpass Bridge at Interstate–75 ............................. 1,000,000

Pennsylvania Mon Fayette Expressway and Southern Beltway 

Project, Pennsylvania ........................................................................ 2,000,000

Pennsylvania State Route 30/981 upgrade .......................................... 500,000

Pennsylvania Turnpike Commission—High Priority Corridor #31 ... 5,000,000

Phalen Boulevard, Minnesota ............................................................... 2,000,000

Phase 2 South Palm Canyon Realignment and Ancillary Access Improvements, California ...................................................................... 1,000,000

Phase II, Minnesota Valley Regional Rail Authority .......................... 2,000,000

Pineda Causeway Interchange at I–95, Florida .................................. 1,100,000

Pinellas County, Florida Roosevelt Connector Project ....................... 7,000,000

Pioneer Valley Transit Authority (PVTA) ITS, MA ............................ 3,000,000

Pittsburg, Kansas Port Authority for the Kansas & Oklahoma Railroad ..................................................................................................... 2,000,000

Planning, location, environmental work and PE for four lane US 

highway 20 Corridor through Woodbury, Ida and Sac Counties, 

Iowa ..................................................................................................... 1,550,000

Plough Boulevard Interchange (at Winchester Road)—Memphis, 

Tennessee ............................................................................................ 2,000,000

Pogue Airport Access Road, Oklahoma ................................................ 2,000,000

Pookela Road, Hawaii ............................................................................ 4,000,000 

Popps Ferry Road Bridge, Mississippi ................................................. 2,000,000

Port of Albany Security Improvements, New York ............................. 500,000

Port of Anchorage Intermodal Facility, Alaska ................................... 1,500,000

Port of Ketchikan Ferry Facility, Alaska ............................................. 1,000,000

Port of Pasco, Ainsworth Avenue Realignment—Sacagawea Heritage, Washington ................................................................................. 3,000,000

Port of Rochester Transportation Security/Intelligent Transportation, (ITS) Project ........................................................................... 1,250,000

Puerto Rico Port Authority Ferry Program ......................................... 500,000

Queens Plaza Roadway rebuilding project, Long Island City, New 

York ..................................................................................................... 750,000

Rahway River Corridor Greenway Bicycle and pedestrian Path ....... 270,000

Reconstruct Allen Road, Bennett County, South Dakota ................... 2,000,000

Reconstruction of Cowan Road from 23rd Street to the Muncie ByPass, Indiana ...................................................................................... 2,000,000

Redesign of Highway 527 Spur connecting US59 to downtown 

Houston, Texas ................................................................................... 1,000,000

Reflective Crack Relief Interlayer, US 59, Texas ............................... 3,000,000

Regional Expansion of City CarShare pilot program ......................... 500,000

Regional Traveler Information Center at the University of Massachusetts, Amherst .............................................................................. 400,000

Removal of the Old Jamestown Bridge in Rhode Island .................... 5,000,000

Reno Public Plaza—Rail Access Corridor Enhancement (ReTRAC) 500,000

Reno-Stead Railroad Spur, Nevada ...................................................... 1,000,000

Replace Meridan Bridge at Yankton, South Dakota .......................... 1,000,000

Replacement of Bridges between cities of Ben and Ontario, Oregon 250,000

Right of way Project on IH 35, from FM 2063 in Hewitt to South 

Loop 340/ State Hwy 6 Interchange, Texas ..................................... 1,000,000

RIPTA ITS Program Phase II, Rhode Island ...................................... 1,500,000

Riverfront Redevelopment and Park Area, City of North Augusta, 

South Carolina ................................................................................... 2,000,000

Riverwalk, Montgomery, Alabama ....................................................... 1,000,000

960

Project Amount 

Road at Fish Trap Lake, Pike County, Kentucky ............................... 500,000

Rock Creek Bridge Replacement, Harper County, Kansas ................ 1,600,000

Rock Island County, Illinois Milan Beltway Construction ................. 500,000

Rockland County and City of Yonkers, New York Ferry Service ...... 1,250,000

Rosemead Boulevard/Highway 19 Rehabilitation North to South 

City limits, Pico Rivera, California ................................................... 300,000

Route 1&9 and St Pauls Avenue Bridge, Hudson County, New Jersey ........................................................................................................ 2,000,000

Route 11, Connecticut ........................................................................... 3,000,000

Route 116 Ashfield, Conway, Massachusetts ...................................... 2,500,000

Route 12 Corridor, New York ............................................................... 3,000,000

Route 130 Renaissance Boulevard to Adams Lane Intersection Improvements, Middlesex County, New Jersey ................................... 800,000

Route 15/186 Interchange Phase II, New York ................................... 2,500,000

Route 17 Congestion Improvements from Route 3 to Linwood Avenue, Bergen County, New Jersey ...................................................... 1,000,000

Route 17 Improvements from Route 3 to Linwood Avenue, Bergen 

Co, New Jersey ................................................................................... 1,000,000

Route 17 Safety Improvements from Route 50 to I–66, Virginia ...... 200,000

Route 17/Essex St. Bridge Replacement, Bergen County, New Jersey ........................................................................................................ 2,500,000

Route 2 Safety Improvements, Athol, Philipston, Orange, Massachusetts ............................................................................................... 2,500,000 

Route 29 Scenic Byway, Hunterdon County, NJ ................................ 300,000

Route 50 traffic calming in Loudoun and Fauquier Counties, Virginia ..................................................................................................... 1,000,000

Route 501 Corridor Coalition ................................................................ 100,000

Route 66, Village of Chatham, New York ............................................ 1,500,000

Route 7 between Leesburg and Tysons Corner, Virginia ITS ............ 500,000

Route 8, Berkshire County, Massachusetts ......................................... 1,250,000

Route 9W Alpine/Tenafly, Bergen County, New Jersey ..................... 750,000

Routes 23 and 94—Linwood Avenue to Wallkill Avenue Intersection, Sussex Co., NJ ........................................................................... 500,000

Ruffner Mountain Nature Preserve, Alabama .................................... 700,000

Rural Highway Information System, KY ............................................. 2,000,000

Rural Road Safety enhancement program, Monterey, County, California ................................................................................................... 500,000

S–323 Alzada-Ekalaka, Montana ......................................................... 3,500,000

Saddle Road Improvement, Hawaii ...................................................... 4,000,000

Safford, 8th Avenue Bridge, Arizona ................................................... 1,000,000

Saginaw Transit Multimodal Downtown Transit Facility, Michigan 1,000,000

Sakonnet River Bridge Replacement, Rhode Island ........................... 1,500,000

Salem Area Transit-South Salem Transit Center ............................... 750,000

Salem Bridge, Oregon, environmental impact study .......................... 400,000

San Francisco Muni Third Street Project ............................................ 2,500,000

San Francisco Muni Transportation Communications System .......... 1,500,000

San Juan Boulevard, Bellingham, Washington .................................. 1,225,000

San Luis II Access Road, Arizona ........................................................ 1,050,000 

Santa Clarita Cross Valley Connector, California .............................. 3,000,000 

Santa Monica College 11th Street Parking Structure ........................ 1,000,000

Saratoga County—Copeland Covered Bridge ...................................... 38,000 

Satsop Road Access Improvements, Grays Harbor, Washington ....... 375,000

Sauk Trail Reconstruction Improvements, Park Forest, Illinois ....... 330,000

Sauk Village Industrial Park Access Road .......................................... 600,000 

Savannah Water Ferry Project, Georgia .............................................. 1,000,000 

Scott City Missouri Access Ramp ......................................................... 250,000 

Seattle 5th Avenue NE Transpiration System and Streetscape improvements ......................................................................................... 300,000 

Seattle, Elliot Avenue & BNSF Crossing Path Improvements, 

Washington ......................................................................................... 1,000,000 

Seldovia-Homer-Jakolof Bay Halibut Cove Ferry Planning and design, Alaska ........................................................................................ 2,000,000 

Seward Road Improvements, Alaska ................................................... 2,000,000 

SH288 Grade Separation at County Road 51, Brazoria County, 

Texas ................................................................................................... 1,000,000 

Sheridan Road, Evanston, Illinois ........................................................ 800,000 

Ship Creek Improvements, Alaska ....................................................... 1,000,000 

961

Project Amount 

Sierra College Boulevard/I–80 Interchange, California ...................... 1,000,000 

Sitka Road Improvements, Alaska ....................................................... 1,500,000 

Somerset SW Bypass US 27 South to Nunn Parkway West of Somerset, Kentucky .................................................................................. 1,500,000 

South La Brea Avenue and Imperial Highway Realignment Project 500,000 

South Lake Union Circulation System, Seattle, Washington ............ 3,000,000 

South Nissan Interchange, Mississippi ................................................ 4,000,000 

South Orient economic rehabilitation project, Texas .......................... 4,000,000 

South Orient Railroad rehabilitation ................................................... 1,500,000 

South Perry Street Bridge .................................................................... 300,000 

Southern Beltway (I–215) Widening and Interchange Project, Nevada ..................................................................................................... 5,000,000 

Southworth Terminal Redevelopment/Vashon Terminal Preservation, Washington ................................................................................ 500,000 

Spokane, University District Transportation Safety Enhancement 

Project, Washington ........................................................................... 1,000,000 

Springfield Greenway Extension, Tennessee ...................................... 100,000 

SR 1/US 27 widening, Heard County, Georgia ................................... 2,500,000 

SR 196 Widening, Liberty County, Georgia ........................................ 1,000,000 

SR 31, All Weather Roadway Construction and Widening, Pend 

Oreille County, Washington .............................................................. 1,600,000 

SR 509/SR518 Interchange/Intersection Redevelopment (Burien), 

Washington ......................................................................................... 2,000,000 

SR 79/West Bay Bridge Improvements, Panama City, Florida ......... 3,000,000 

SR 79/West Bay Bridge Improvements, Panama City, Florida ......... 1,000,000

SR 874 ITS Integration Project ............................................................ 1,000,000 

SR–56/I–5 Northbound Widening, California ...................................... 1,000,000 

St. Charles, Illinois, Fox River Crossing at Red Gate Corridor ......... 2,000,000

St. George Transit O&M Facility ......................................................... 500,000

St. George’s ferry and ferry facilities, New York ................................ 1,000,000

St. Leo Univerisity Transportation Safety & Community Access 

Project ................................................................................................. 2,500,000

St. Mary’s Road Paving Project ............................................................ 100,000

State Highway 133 Widening, Colquitt County, Georgia ................... 1,250,000

State Highway 29 (Interstate 94—Chippewa Falls, Wisconsin) ........ 2,000,000

State Highway 332 at Brazos River, Brazoria County, Texas ........... 6,000,000

State Street Corridor Improvement Plan ............................................ 1,000,000

Stourbridge Rail Excursion Line, Pennsylvania ................................. 83,000

Streetscape/Roadway Improvements to the Chester City (PA) Waterfront ................................................................................................ 350,000

Suffolk Bike Trails, Virginia ................................................................. 150,000

SUNY Tockland University Center—Shuttle Service ......................... 280,000

Susquehanna Road/Limekin Road/Norfork Southern Bridge project, 

Pennsylvania ...................................................................................... 1,000,000

Swift Rail Siding Project, Blaine, Washington .................................... 3,000,000

TARTA/Toledo Bus Fueling Facilities Improvements ........................ 1,500,000

Taylor Dock Project, Bellingham, Washington .................................... 677,000

Teaneck, New Jersey Pedestrian Overpass ......................................... 500,000

Tennessee State Route 28/US 127 ........................................................ 1,000,000

Thackerville, Oklahoma I–35 Interchange .......................................... 1,000,000

The City of Lithonia Streetscape Project ............................................. 400,000

The French Creek Parkway, Pennsylvania ......................................... 200,000

The Montachusett Area Regional Transit (MART) Regional Transit 

Facility ................................................................................................ 2,000,000

The Sunrise Corridor, Oregon .............................................................. 500,000

The US Highway 17–92 Widening Project, from Poinciana Boulevard to Ham Brown Road .................................................................. 500,000

Thomas Cole National Historic Site, New York .................................. 50,000

Toledo Downtown Waterfront Redevelopment .................................... 750,000

Topeka Boulevard Bridge, Kansas ....................................................... 8,500,000

Towboat Display and Classroom Project, Oklahoma .......................... 250,000

Town Center/Old Town Enhancement Project for the City of Yorba 

Linda, California ................................................................................ 3,100,000

Town of Dublin, New Hampshire Traffic Calming Project ................ 300,000

Traffic Calming for the City of Riviera Beach, Florida ...................... 500,000

Trans-Hudson Midtown Corridor Project, New Jersey ....................... 3,500,000

962

Project Amount 

Transportation Improvement Project, Desert Hot Springs, California ................................................................................................... 1,925,000

Treasure Island Bridge ......................................................................... 6,000,000

Trevillian Way, Kentucky ..................................................................... 400,000

Tri-County Automated System Project, University of Southern Mississippi ................................................................................................ 1,000,000

Truck Inspection pull-off on Route 9 in Loudoun County, Virginia 100,000

Trunk Highway 610/10, Minnesota ...................................................... 3,750,000

Tupelo Rail Relocation .......................................................................... 500,000

Turquoise Trail Project (BIA Route 4), Arizona .................................. 1,250,000

Tuscaloosa Downtown Revitalization Project, Alabama ..................... 5,000,000

U.S Highway 52, County State Aid Highway 24 Interchange ........... 500,000

U.S. 101 Bikeway System, California .................................................. 250,000

U.S. 218/Main Street Reconstruction—Phase II, Iowa ....................... 2,000,000

U.S. 31 South Bend to Indianapolis Freeway project ......................... 2,000,000

U.S. 319 Expansion ............................................................................... 1,000,000

U.S. 412 Mountain Home to Hwy. 101, Arkansas .............................. 4,000,000

U.S. 51, Christian/Shelby Counties, Illinois ........................................ 2,000,000

U.S. 54 (Kellogg), from I–35 to K–96, Wichita, Kansas ..................... 1,000,000

U.S. 95 Laughlin to Searchlight (Phase 3), Nevada ........................... 8,000,000

U.S. Highway 276 Project Study .......................................................... 200,000

U.S. Highway 54, Kansas ..................................................................... 3,000,000

U.S. Route 35 in Mason and Putnam Counties, West Virginia ......... 5,977,500

UAB Center for Injury Sciences, Birmingham, Alabama ................... 2,000,000

Umatilla Intermodal Facility ................................................................ 1,000,000

Union Station Regional Intermodal Transportation Center .............. 800,000

University of Alaska Transportation Research Center ...................... 2,000,000

University of Delaware Intermodal Transportation Facility, Delaware ..................................................................................................... 1,000,000

University of Oklahoma Intelligent Bridge Systems Research .......... 3,000,000

University of Southern Maine Pedestrain Access ............................... 725,000

Upgrade of the Interstate 95 and SC–327 Interchange in South 

Carolina .............................................................................................. 1,400,000

US 12 Widening, Wallula Junction to Walla Walla, Washington ..... 3,000,000

US 20 Webster County Widen to four lanes, Iowa ............................. 1,500,000

US 25 Widening, Burke County, Georgia ............................................ 1,000,000

US 278 Corridor, South Carolina ......................................................... 1,000,000

US 278 from Sulligent, AL to Guin, Alabama ..................................... 2,000,000

US 287 South to IH 45, Ennis, Texas .................................................. 1,500,000

US 30/67 (Section II), Clinton, Iowa .................................................... 1,000,000

US 36, Wadsworth, State Highway 128 Interchange ......................... 800,000 

US 431 Widening and Reconstruction, Tennessee .............................. 500,000

US 50 Phase I highway and water quality improvement project, 

California ............................................................................................ 2,000,000

US 93 Kalispell Bypass Project, Montana ........................................... 3,500,000

US Highway 212/County Road 134 Intersection, Minnesota ............. 700,000

US Highway 212/County Road 134 Intersection, Minnesota ............. 750,000

US Highway 6 improvements, Coralville, Iowa .................................. 1,000,000

US Highway 84, Evergreen, AI to Monroeville, Alabama .................. 250,000

US–12 Burbank to Walla Walla, Washington ..................................... 1,000,000

US–27 North of Somerset ..................................................................... 2,000,000

US–95 Worley to Mica, Idaho ............................................................... 7,000,000

USH 151 Dickeyville-Dodgeville, Wisconsin ........................................ 2,000,000

VA Route 28 Widening .......................................................................... 2,000,000

Vallejo Station Intermodal Center, California .................................... 1,250,000

Valles Caldera National Preserve, New Mexico .................................. 1,200,000

Vancouver State Route 14 pedestrian Bridge, Washington ............... 500,000

Vermont Covered Bridges ..................................................................... 2,000,000

Village of Medina, New York Pass-Through Project ........................... 750,000

Village of Owego riverwalk, New York ................................................ 600,000

Village of Schuylerville, New York ....................................................... 750,000

Washington Street Improvements, Haymarket, VA ........................... 500,000

Welcome Center US 90, Ohr-Okeefe Museum .................................... 1,750,000

West Grand Ave. (from North Western to N. California Ave.) .......... 800,000

West Laredo Multimodal Trade Corridor, Texas ................................ 2,400,000

Westfield Multimodal Transportation Center, MA ............................. 1,700,000

Weston Avenue Streetscape, Wisconsin ............................................... 1,650,000

963

Project Amount 

White Pond Drive, Akron, Ohio ............................................................ 750,000

WI—Highway 2 Ashland, Wisconsin .................................................... 2,000,000

WI—Highway 53 Chetek, Wisconsin .................................................... 2,000,000

Widen and Improve Q Street, Nebraska .............................................. 1,000,000

Widen from 2 to 5 lanes, Gratiot Avenue from 241⁄2 Mile Road to 

26 Mile Road. ...................................................................................... 500,000

Widen NC 210 in Cumberland County, North Carolina .................... 500,000

Widen Route 47 from Kreutzer Road to Reed Road, Huntley, Illinois ...................................................................................................... 1,000,000

Widening and creation of sidewalks at Floyd Road and Veterans 

Memorial Highway in Cobb County, Georgia .................................. 1,600,000

Widening Interstate 35 East between FM2181 and Lake Lewisville, 

Denton County, Texas ....................................................................... 500,000

Williamsport/Pile Bay Road, Kenai, Alaska ........................................ 3,000,000

Winner Creek Trail Improvements, Alaska ........................................ 1,000,000

Wood/Sandusky/Lucas Counties—U.S. Route 20, Ohio ...................... 5,000,000

Woodland Avenue Bridge, Ohio ............................................................ 1,000,000

WV Route 9 ............................................................................................ 11,000,000

Yakataga River Bridge in Alaska ......................................................... 3,000,000

The conference agreement includes a provision (Sec. 116) that 

allows ITS funds already appropriated for use in specified locations 

within Wisconsin to be spent in additional locations within the 

State. 

The conference agreement includes a provision (Sec. 117) that 

directs the Secretary to enter into an agreement with Nevada and/

or Arizona to provide a funding method for the Hoover Dam Bypass 

Bridge, as proposed by both the House and Senate. 

The conference agreement includes a provision (Sec. 118) that 

allows funds provided for a specific project in the Intermodal Surface Transportation Efficiency Act of 1991 to be used on a project 

in Detroit, Michigan. 

The conference agreement includes a provision (Sec. 119) that 

reprograms a project in Conference Report 106–940 for a project in 

Detroit, Michigan. 

The conference agreement includes a provision (Sec. 120) that 

reprograms a project in Conference Report 107–308 for a project in 

Detroit, Michigan. 

The conference agreement includes a provision (Sec. 121) that 

provides unexpended amounts for a project in Public Law 108–7 to 

specified areas in Kansas. 

The conference agreement includes a provision (Sec. 122) that 

relates to surface transportation projects. 

The conference agreement includes a provision (Sec. 123) that 

amends section 14501 of title 40, United States Code. 

The conference agreement includes a provision (Sec. 124) that 

modifies a Senate provision that directs the Secretary of Transportation to amend the Manual on Uniform Traffic Control Devices to 

include a provision regarding locating licensed 24-hour pharmacy 

services and placement of logo panels on the Federal-aid highway 

system. 

The conference agreement includes a provision (Sec. 125) that 

allows specified costs associated with a project in San Diego, California to be eligible for Federal funding. 

The conference agreement includes a provision (Sec. 126) that 

amends a provision in Public Law 108–7 relating to a project in 

Kentucky. 

964

The conference agreement includes a provision (Sec. 127) that 

amends a project in Public Law 108–7. 

The conference agreement includes a provision (Sec. 128) that 

amends a provision in Public Law 106–346 relating to a project in 

Kansas. 

The conference agreement includes a provision (Sec. 129) that 

amends a provision in section 375 of division I of the Consolidated 

Appropriations Resolution, 2003, relating to a project in Pennsylvania. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 

MOTOR CARRIER SAFETY

LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

The conference agreement includes $176,070,000 for administrative expenses of the Federal Motor Carrier Safety Administration (FMCSA) under the FMCSA limitation on administrative expenses (LAE) account. The House and Senate bills proposed 

$92,712,176 and $292,972,233, respectively for both administrative 

expenses plus five grant programs. The conference agreement provides funding for these grant programs under a miscellaneous appropriations within the Federal Highway Administration appropriation, and provides funding under FMCSA’s LAE in the following manner:

Safety is good business .......................................................................... $250,000 

Crash data improvements ..................................................................... 5,000,000 

Conditional carrier review .................................................................... 2,000,000 

Household goods enforcement ............................................................... 920,000 

Hotline .................................................................................................... 375,000 

Research and technology ....................................................................... 7,000,000 

Regulatory development ........................................................................ 9,500,000 

Information management ...................................................................... 11,843,000 

Administrative infrastructure .............................................................. 7,000,000

Safety is good business program.—The conference agreement 

provides $250,000 for the safety is good business program, consistent with the House. The Senate proposed $500,000. The conference agreement retains language contained in the House report 

that FMCSA should first use this funding to develop a goal and initiatives that are directly related to that goal. 

Conditional carrier review.—The conference agreement provides $2,000,000 for conditional carrier reviews as proposed by the 

Senate. The House report provided $1,334,000. 

Household goods enforcement.—The conference agreement provides $920,000 for the household goods enforcement program, instead of $896,000 as proposed by the House and $1,370,000 as proposed by the Senate. This level provides adequate funding for the 

seven requested positions at half-year levels. 

Research and technology.—The conference agreement provides $7,000,000 for motor carrier safety research and technology, consistent with both the House and Senate proposals. The conference 

retains language directing FMCSA to submit a 5-year research and 

development strategic plan to the House and Senate Committees 

965

on Appropriations no later than June 15, 2004, as proposed by the 

Senate. 

Regulatory development.—The conference agreement provides 

$9,500,000 for regulatory development instead of $11,000,000 proposed by the House and $8,000,000 proposed by the Senate. 

Information management.—The conference agreement provides 

a total program level of $11,843,000 for information management, 

an increase of $2,500,000 from the fiscal year 2003 level. The 

House bill proposed $13,500,000 and the Senate bill proposed 

$10,398,000. 

Administrative infrastructure.—The conference agreement provides $7,000,000 for administrative infrastructure instead of 

$4,423,000 as proposed by the House and $10,423,000 as proposed 

by the Senate. 

Share the road safely program.—Consistent with the Senate, 

the conference agreement does not provide funding for the share 

the road safely program. Funding for this program is provided 

under the National Highway Traffic Safety Administration appropriation. The House proposed $500,000 for this program. 

PATRIOT ACT (CDL background checks).—The conference 

agreement, consistent with both the House and Senate, does not 

provide funding for CDL background checks as this responsibility 

has been transferred to the Department of Homeland Security. 

State grants.—In addition to the $176,070,000 provided under 

the limitation on administrative expenses, the conference agreement includes a total of $111,500,000 for Federal Motor Carrier 

Safety Administration programs under the Federal Highway Administration miscellaneous appropriation from the Highway Trust 

Fund (other than the mass transit account). Both the House and 

Senate bills proposed funding these programs from within 

FMCSA’s limitation on administrative expenses. The conference 

agreement provides the funds in the following manner:

Program Conference 

New entrant program—State grants 1 ................................................. $8,000,000 

New entrant program—Federal portion 1 ............................................ 3,500,000 

Southern border inspection facilities ................................................... 47,000,000 

Commercial driver’s license improvement grants ............................... 21,000,000 

Southern border operations grants ...................................................... 23,000,000 

Northern border truck inspection grants ............................................. 9,000,000

1This reflects a portion of the total $28,500,000 provided for the new entrant program. Of this amount, $25,000,000 is provided for grants to states, and $3,500,000 is for Federal responsibilities associated with the program.

New entrant program.—The conference agreement provides a total of $28,500,000 for the new entrant program. The conference 

reiterates the decision contained in both the House and Senate reports that the majority of funding for this program is in the form 

of state grants, and therefore retains only $3,500,000 for oversight 

and other Federal responsibilities. The House proposed $2,200,000 

for the Federal portion of this program and the Senate proposed 

$4,456,000. In addition, $8,000,000 in state grants is provided 

under the Federal Highway Administration miscellaneous appropriations, and an additional $17,000,000 is provided for state 

grants under the Motor Carrier Safety Assistance Program. The 

conference retains language directing FMCSA to submit a new entrant program implementation plan to the House and Senate ComVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00969 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
966

mittees on Appropriations no later than 90 days after enactment 

of this Act. 

Hazardous materials permitting program.—The conference 

agreement provides $1,050,000 for the hazardous materials permitting program, instead of $1,135,000 provided by the House and 

$2,000,000 provided by the Senate. This amount is adequate to 

fund the 13 requested positions at half-year levels. 

Commercial drivers license program.—Consistent with both the 

House and Senate, the conference agreement provides $21,000,000 

for the commercial driver’s license improvement grants program. 

The conference agreement retains the House language that encourages FMCSA to continue working with the American Association of 

Motor Vehicle Administrators, the Commercial Vehicle Safety Alliance, lead MCSAP agencies and licensing agencies to improve all 

aspects of the CDL program. In addition, FMCSA should consider 

sponsoring another pilot project involving law enforcement and 

driver licensing agencies to explore new and innovative ways to ensure that drivers who have been convicted of a disqualifying offense 

do not operate during the period of suspension or revocation. Finally, FMCSA should continue to support the judicial and prosecutorial outreach effort. 

Southern border inspection facilities.—Consistent with the Senate bill, the conference agreement provides $47,000,000 to construct truck inspection facilities at the Southern border. The House 

bill contained no similar appropriation. 

Southern border operations grants.—Consistent with both the 

House and Senate bills, the conference agreement provides 

$23,000,000 for southern border operations grants. 

Northern border inspection grants.—Consistent with both the 

House and Senate bills, the conference agreement provides 

$9,000,000 in northern border truck inspections grants. 

Border enforcement.—The conference agreement provides 

$121,908,000 in border funding, of which $47,000,000 is for infrastructure improvements, $32,000,000 is for state operations grants, 

and $42,908,000 is for personnel and enforcement operations. The 

conference agreement retains language proposed by the Senate directing FMCSA to establish a process to effectively enforce and 

monitor Mexican motor carriers and report to the House and Senate Committees on Appropriations within one year after the date 

of enactment of this Act. 

NATIONAL MOTOR CARRIER SAFETY PROGRAM

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

The conference agreement provides a liquidating cash appropriation of $190,000,000 for the national motor carrier safety program as proposed by both the House and the Senate. 

(LIMITATION ON OBLIGATIONS)

The conference agreement includes a limitation on obligations 

of $190,000,000 for motor carrier safety grants as proposed by both 

the House and the Senate. 

967

The conference agreement provides funding for the national 

motor carrier safety program as follows:

Amount 

Motor carrier safety assistance program ............................................. $170,000,000

Basic motor carrier safety grants .................................................. (130,329,000) 

Performance based incentive grant program ............................... (11,105,000) 

High-priority activities ................................................................... (8,593,000) 

New entrant grants 1 ...................................................................... (17,000,000) 

State training and administration ................................................ (2,063,000) 

Crash causation (Sec. 224(f) MCSIA) ............................................ (1,000,000) 

Information systems and strategic safety initiatives .......................... (20,000,000) 

Data analysis and information systems ....................................... (14,000,000) 

Implementation of PRISM ............................................................. (5,000,000) 

Driver programs ............................................................................. (1,000,000)

1Does not include $8,000,000 provided under FHWA’s miscellaneous appropriation and 

$3,500,000 provided under FMCSA’s LAE. 

Solid Waste Shippers.—From funds provided for the high priority initiative program, the conference agreement directs FMCSA 

to evaluate the effectiveness of the Final Rule on cargo securement 

for containing solid waste (including sewage sludge and combustion 

ash), both in container and flat bed surface transport. The analysis 

shall include safety, economic, and environmental considerations, 

and shall be provided to the House and Senate Committees on Appropriations by October 15, 2004. 

Hazmat tracking system.—As proposed by the Senate, the conference agreement directs $2,000,000 from funds provided for the 

high priority initiative program for an expanded satellite-based, 

mobile communications system to monitor and track hazardous material and high-value cargo in uncovered areas of the United 

States. 

Operation Respond.—As proposed by the Senate, the conference agreement provides $1,000,000 from funds provided for the 

high priority initiative program, to design, build and demonstrate 

the benefits of a seamless hazardous materials incident detection, 

management, and response system, including the expansion of the 

Operation Respond network. The conferees urge that these funds 

be used to establish a national first responders emergency services 

network and to accelerate deployment of Operation Respond software. 

New Hampshire study.—As proposed by the House, the conference agreement provides $250,000 from funds provided for the 

high priority initiative program, to the New Hampshire Department of Transportation to conduct a study to evaluate the safety, 

economic and infrastructure impacts of a weight limit exemption on 

Interstates 89 and 93. 

Surge Brakes.—The Federal Motor Carrier Safety Administration (FMCSA) prohibits surge brakes for use in interstate commerce. Since private vehicles are not subject to this prohibition, it 

causes administrative enforcement and safety problems for rental 

businesses and their consumers. The conference agreement directs 

FMCSA to determine, within 90 days of enactment of this Act, if 

it should initiate a rulemaking to consider permitting the use of 

surge brakes on small and medium trailers used in interstate commerce. 

968

GENERAL PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

The conference agreement includes a provision (Section 130) 

subjecting funds appropriated in this Act to the terms and conditions of section 350 of Public Law 107–87, including that the Secretary submit a report on Mexico- domiciled motor carriers. This 

provision was proposed by both the House and Senate. 

The conference agreement includes a provision (Section 131) 

prohibiting the use of funds in this Act to implement or enforce any 

provision of the Final Rule issued on April 16, 2003 as it applies 

to operators of utility service vehicles and as it applies to motion 

picture and television production drivers working at a site within 

100 air mile radius of the reporting location. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement provides $150,545,000 from the 

highway trust fund for highway and traffic safety activities, instead 

of $134,178,000 as proposed by the House and $148,102,000 as proposed by the Senate. 

The agreement includes a provision carried since fiscal year 

1996 that prohibits NHTSA from obligating or expending funds to 

plan, finalize, or implement any rulemakings that would add requirements pertaining to tire grading standards that are not related to safety performance. This provision was contained in both 

the House and Senate bills. 

The following table summarizes the conference agreement for 

operations and research by budget activity:

Salaries and benefits ............................................................................. $69,050,000 

Travel ...................................................................................................... 1,324,000

Operating expenses ............................................................................... 22,836,000

Contract programs: 

Safety performance (rulemaking) .................................................. 10,773,000

Safety assurance (enforcement) ..................................................... 17,028,000

Highway safety programs .............................................................. 49,272,000

Research and analysis .................................................................... 67,903,000

General administration .................................................................. 665,000

Grant administration reimbursements ................................................ ¥16,306,000

Total ................................................................................................. 222,545,000 

OPERATING EXPENSES

Workforce planning and development.—The conference agreement provides no funding for workforce planning and development, 

as proposed by both the House and Senate. 

Training and technical assistance to the states.—The conferees 

encourage NHTSA to conduct a comprehensive review of the agency’s training programs, including an evaluation of other models and 

different media for improving the professional capabilities of State 

969

grantees, as proposed by the Senate. In addition, the conferees direct NHTSA to develop and implement two new State training 

courses, as proposed by the Senate, and $200,000 is provided for 

this purpose. One training course should be designed to strengthen 

the ability of State highway safety offices to analyze data and identify State and local behavioral highway safety programs. The second course should provide hands-on experience for State highway 

safety offices on how to conduct evaluations or reviews of program 

performance. 

Regulatory activities.—The conferees direct NHTSA to update 

their self-imposed regulatory activities plan by December 1, 2003, 

as proposed by the House. NHTSA should include public comments 

that have been received, as well as new data and research results. 

This plan should be submitted through correspondence to the 

House and Senate Committees on Appropriations and posted on 

NHTSA’s website. 

HIGHWAY SAFETY PROGRAMS

Budget justification.—Within the fiscal year 2005 budget request, NHTSA is directed to include information on expenditures 

on impaired driving, motorcycle, and national occupant protection 

programs from fiscal year 2003 and estimated plans for fiscal year 

2004, as proposed by the House. This information should also describe which activities are based on proven research and implementation strategies. 

Impaired driving.—The conferees direct NHTSA to submit a 

report to the House and Senate Committees on Appropriations, no 

later than 90 days after the enactment of this Act, detailing strategies and activities that will be utilized in fiscal year 2004 with regard to targeting specific populations in impaired driving efforts, as 

proposed by the Senate. 

In addition, the conferees direct NHTSA to explore whether 

there is a more fitting theme for the impaired driving program 

than ‘‘You Drink and Drive, You Lose,’’ and to report findings and 

recommendations to the House and Senate Appropriations Committees in a letter by January 30, 2004, as proposed by the Senate. 

Occupant protection.—Within the amount provided for occupant protection programs, the conference agreement provides 

$3,000,000 for outreach initiatives to increase seat belt use, as proposed by the Senate. 

Within the amount provided for national impaired driving pro- grams, the conference agreement provides $4,500,000 for impaired 

driving activities, as proposed by the Senate:

Judicial/prosecutorial initiative ............................................................ $1,500,000 

Repeat offender tracking model ............................................................ 2,000,000

Target population outreach ................................................................... 1,000,000

The conferees direct NHTSA to refrain from obligating funds 

provided in fiscal year 2003 (Public Law 108–7) for judicial and 

prosecutorial awareness until the required report is submitted to 

the House and Senate Committees on Appropriations, as proposed 

by the Senate. 

Traffic law enforcement.—The conferees strongly support 

NHTSA’s law enforcement liaison (LEL) program, believing that 

high-visibility enforcement of highway traffic safety programs is inVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00973 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
970

tegral to improving the safety on the nation’s roads. The LEL function is largely responsible for the implementation of specific enforcement programs and mobilizations relating to the highly successful Click It or Ticket program as well as the You Drink and 

Drive, You Lose initiative. Both of these programs must have an 

enforcement component to ensure their success, and the LELs 

interact with the law enforcement community to promote the enforcement components of these programs. In fiscal year 2003, 

NHTSA spent approximately $561,000 to fund LEL programs in 

eight of the ten regions. The conferees encourage NHTSA to increase this support in fiscal year 2004 and to strive to expand the 

presence of this program to all ten regions. 

Emergency medical services.—Within the amount provided for 

emergency medical services, the conference agreement provides 

$1,000,000 for training EMS personnel in delivering pre-hospital 

care to patients with traumatic brain injuries, as proposed by the 

Senate. An additional $1,000,000 is also provided for research at 

the USA Center for the Study of Rural Vehicular Trauma, as proposed by the Senate. 

Records and licensing.—Within the amount provided for 

records and licensing, the conference agreement provides 

$1,000,000 for a digital watermarking technology pilot program to 

easily determine the authenticity of State-issued IDs, as proposed 

by the Senate, and $1,000,000 for the interstate digital image exchange project and online verification of birth records program. 

Highway safety research.—Within the amount provided for 

highway safety research, the conference agreement provides 

$750,000, for transportation safety research at Florida Agricultural 

and Mechanical University. The objective of FAMU’s research will 

be to reduce the severity of traffic injuries among the youth and 

adults between the ages of 0–34 and will focus on aggressive driving, road rage, speed control, occupant protection and alcohol impaired driving countermeasures. The conferees encourage NHTSA 

to work with FAMU to identify a suitable research project that will 

focus on an area that will advance highway safety. 

Share the road safely.—The conference agreement provides 

$500,000 for the share the road safely program, to be administered 

by NHTSA, as proposed by the Senate. NHTSA is encouraged to 

work with FMCSA and State highway safety representatives to determine the best avenues for educating both the motoring public 

and commercial motor vehicle drivers, including incorporating such 

information in driver education courses. 

RESEARCH AND ANALYSIS

Crash causation study.—The conference agreement provides 

$7,000,000 for the crash causation study, as proposed by the Senate. 

Motorcycle injury prevention.—There was a continuous decline 

in motorcycle crash fatalities from the mid-1980’s through 1997. 

Since 1997 however, motorcycle fatalities have increased annually. 

The conferees urge NHTSA to focus on strategies to reduce the 

alarming numbers of motorcyclists killed and injured in alcohol-related crashes each year. 

971

Within the amount provided for crashworthiness research, the 

conference agreement provides $40,000 for the New Hampshire Department of Safety to conduct a study to evaluate the speed and 

safety threshold for preventing and analyzing motorcycle injuries, 

as proposed by the House. The New Hampshire Department of 

Safety is encouraged to work with the Honda Inova Fairfax Hospital CIREN Center in Fairfax, Virginia, which specializes in analyzing motorcycle injuries. 

Crashworthiness research.—Within the amount provided for 

crashworthiness research, the conference agreement provides 

$2,000,000 for brain and spinal cord injury research at the Southern Consortium for Injury Biomechanics, $1,000,000 for a joint research initiative between Vermont’s College of Medicine (UVM), 

Texas A&M University and Fletcher Allen Health Care, $300,000 

for the University of Massachusetts, Amherst Risk Prone Driving 

research, $300,000 for South Carolina DOT research and development for ball bearing packages with intelligent safety aids for vehicles, and $1,500,000 for the George Washington University National Crash Analysis Center for advanced crashworthiness research. 

National tire efficiency.—Within the amount provided for research and analysis, the conference agreement provides $500,000 

for the Secretary of Transportation, through the National Academy 

of Sciences, to develop and perform a national tire fuel efficiency 

study and literature review to consider the relationship that low 

rolling resistance replacement tires designed for use on passenger 

cars and light trucks have on fuel consumption and tire wear life. 

The study shall address the potential of securing technically feasible and cost-effective fuel savings from low rolling resistance replacement tires that do not adversely affect tire safety, including 

the impacts on performance and durability or adversely impact tire 

tread life and scrap tire disposal, and that does fully consider the 

average American ‘‘drive cycle’’. The study shall further address 

the cost to the consumer including the additional cost of replacement tires and any potential fuel savings. The report shall be submitted to the House and Senate Committees on Appropriations, the 

House Energy and Commerce Committee, and the Senate Commerce, Science, and Transportation Committee not later than January 1, 2006. 

SAFETY PERFORMANCE

Fuel economy standards.—The conference agreement provides 

$1,000,000 for the fuel economy standards program and directs 

NHTSA to reevaluate the agency’s goals with regard to fuel economy and produce an updated performance structure, as proposed 

by the House. 

GENERAL ADMINISTRATION

Harmonization of vehicle safety standards.—The conference 

agreement provides $100,000 for the harmonization of vehicle safety standards, due to budget constraints. 

972

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement provides $72,000,000 from the highway trust fund to carry out provisions of 23 U.S.C. 403, as proposed by both the House and the Senate. 

NATIONAL DRIVER REGISTER

(HIGHWAY TRUST FUND)

The conference agreement provides $3,600,000 for the National 

Driver Register, as proposed by both the House and the Senate. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

The conference agreement limits obligations for highway traffic 

safety grants to $225,000,000, as proposed by both the House and 

the Senate. The bill includes separate obligation limitations with 

the following funding allocations:

State and community grants ................................................................ $165,000,000 

Occupant protection incentive grants .................................................. 20,000,000 

Alcohol incentive grants ........................................................................ 40,000,000

State highway safety program administration.—The GAO recently released a report regarding the oversight of State Highway 

Safety Programs (GAO–03–474). This report included the recommendation that NHTSA should provide more guidance to regional offices regarding when it is appropriate to use management 

reviews and improvement plans to assist states with their highway 

safety programs. The Senate had reiterated this recommendation 

in the fiscal year 2004 report and directed NHTSA to undertake 

steps necessary to implement this guidance. However, the House 

had included language in the fiscal year 2004 report directing 

NHTSA to begin to approve each state’s highway safety plan, if 

they received Section 402 funding, as the agency did prior to 1998. 

Therefore, the conferees direct NHTSA to examine the agency’s 

policies with regard to the state grant programs, and submit a report to the House and Senate Committees on Appropriations, which 

should include current agency policies for providing guidance to 

states on how best to craft respective highway safety plans and an 

analysis of oversight review responsibilities NHTSA currently has 

with regard to these plans, as proposed by the House. In addition, 

the report should include the steps that NHTSA would undertake 

if, in reviewing a state’s plan, the agency had a conflict with the 

way in which states planned to obligate Federal grant funds. The 

report should include a detailed spectrum of annual examples, 

since fiscal year 2000, for which States used Section 402 funds, inVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00976 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
973

cluding items that NHTSA considers exemplary and items NHTSA 

may consider frivolous. 

NHTSA is also directed to develop a clear policy on management review of state highway safety plans, including when a state 

improvement plan should be required, as proposed by the Senate. 

This should be included in the report. Funding of $50,000 in operating expenses has been provided to 

undertake this study, and a copy must be provided to the House 

and Senate Committees on Appropriations by February 20, 2004. 

Highway public safety mobilizations.—The conferees are concerned that the current timing of the national seat belt and impaired driving mobilizations in May and July does not allow ample 

time for either NHTSA or State and local law enforcement agencies 

to adequately plan for these intensive efforts. The conferees believe 

it is important that NHTSA and the States have adequate time to 

properly plan and prepare for each of these mobilizations in order 

to have the maximum impact on saving lives and preventing injuries. To that end, the conferees direct NHTSA to work with State 

and local authorities and the safety community to establish a comprehensive plan and date certain for future national impaired driving mobilizations. Much like the nation has embraced May as the 

‘‘Click It or Ticket’’ month, the conferees expect that this coordinated effort will allow NHTSA to establish an annual date for carrying out an effective impaired driving mobilization to be accompanied by national paid advertising. The conferees direct NHTSA 

to report to the House and Senate Committees on Appropriations 

90 days after the date of enactment of this Act on the agency’s implementation plans and to keep the Committees informed throughout the fiscal year as to the progress of these efforts. 

The conferees are also aware that NHTSA is currently evaluating the effectiveness of a safety mobilization effort in Tennessee 

that combines both the seat belt and impaired driving messages. 

The conferees are interested in the results of this combined effort 

to determine whether a similar effort should be conducted at the 

national level as part of the 2004 mobilization schedule. NHTSA is 

directed to report to the House and Senate Committees on Appropriations by February 16, 2004 with the findings of the Tennessee 

effort as well as any other State mobilizations that may combine 

seat belt and impaired driving messages. 

GENERAL PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

The conference agreement includes a provision (Section 140) allowing states to use funds provided under section 402 of title 23, 

U.S.C., to produce and place highway safety public service messages. The provision provides that any state that uses funds for 

such purposes must submit a report to the Secretary, who in turn 

is directed to submit them to the House and Senate Committees on 

Appropriations. The provision allocates $10,000,000 for national 

paid media to support national safety belt mobilizations under Section 157 and $20,000,000 under Section 163 to include: $2,750,000 

to support State impaired driving mobilization enforcement efforts, 

$14,000,000 for paid media to support national law enforcement 

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974

uation of alcohol-impaired driving messages. In addition, 

$3,000,000 from the Section 163 program should be dedicated to an 

impaired driving demonstration program. 

The conference agreement includes a provision (Section 141) 

prohibiting NHTSA from transferring funds to the Federal Motor 

Carrier Safety Administration for the share the road safely program. 

The conference agreement includes a provision (Section 142) 

authorizing the Secretary, for fiscal year 2004, to use funds necessary to carry out section 157 of title 23, United States Code. 

The conference agreement includes a provision (Section 143) 

authorizing the Secretary, for fiscal year 2004, to use funds necessary to carry out section 163 of title 23, United States Code. 

The conference agreement deleted a provision in the House bill 

regarding truck trailer manufacturing regulations. 

FEDERAL RAILROAD ADMINISTRATION 

SAFETY AND OPERATIONS

The conference agreement provides $130,825,000 for safety and 

operations as proposed by the Senate instead of $130,922,000 as 

proposed by the House. Within this total, the conferees have funded 25 new full-time equivalents. The conference agreement includes 

language that permits $11,712,000 of the total funding to remain 

available until expended as proposed by both the House and the 

Senate. 

Workforce planning.—Consistent with the Senate report, the 

conference agreement deletes $350,000 for workforce planning. 

Personnel.—Consistent with the House report, the conference 

agreement deletes $78,000 for one full time equivalent for Title VI 

enforcement. Instead, the conference agreement provides $78,000 

for a financial analyst to support the new oversight responsibilities 

placed on the Department. This analyst will help manage activities 

designed to track Amtrak’s financial performance, to support the 

Secretary’s representatives in dealing with the greater number of 

issues of substance coming before the board, and to monitor the financial aspects of the grants, including the capital, operating, and 

North East Corridor grants. 

Grade crossing safety action plan update.—As directed by the 

Senate, the Secretary of Transportation shall submit a highwayrailway grade crossing safety action plan update, coordinated 

among FRA, FHWA, FMCSA, NHTSA and the ITS Joint Program 

Office, with the fiscal year 2005 budget justification. 

RAILROAD RESEARCH AND DEVELOPMENT

The conference agreement provides $34,025,000 for railroad research and development instead of $28,225,000 as proposed by the 

House and $34,225,000 as proposed by the Senate. 

Nationwide Differential Global Positioning System (NDGPS).—

The conference agreement provides $5,800,000 for NDGPS. The 

House did not fund this project and the Senate provided 

$6,000,000. 

975

Marshall University/University of Nebraska.—The conference 

agreement includes $2,000,000 to support Marshall University and 

the University of Nebraska to conduct safety studies in rail equipment, human factors, track, and rail safety related issues. 

West Virginia University (WVU).—The conference agreement 

provides a total of $250,000 for structural integrity research utilizing glass fiber reinforced polymers on railroad ties at WVU’s 

Constructed Facilities Center. 

RAILROAD REHABILITATION AND IMPROVEMENT PROGRAM

The conference agreement includes a provision, proposed by 

both the House and the Senate, specifying that no new direct loans 

or loan guarantee commitments shall be made using federal funds 

for the payment of any credit premium amounts during fiscal year 

2004. No federal appropriation is required since a non-federal infrastructure partner may contribute the subsidy amount required 

by the Credit Reform Act of 1990 in the form of a credit risk premium. Once received, statutorily established investigation charges 

are immediately available for appraisals and necessary determinations and findings. 

The conference agreement includes a provision, proposed by 

the Senate, mandating that no payment of principal or interest 

shall be collected during fiscal year 2004 for the direct loan made 

to the National Railroad Passenger Corporation. 

NEXT GENERATION HIGH-SPEED RAIL

The conference agreement provides $37,400,000 for the next 

generation high-speed rail program instead of $28,250,000 as proposed by the House and $29,350,000 as proposed by the Senate. 

The following table summarizes the conference agreement by budgetary activity:

Program Amount 

Train control systems ............................................................................ $10,000,000

North American joint PTC project ................................................ (9,000,000) 

Train control—TTC ........................................................................ (1,000,000) 

Non-electric locomotives ........................................................................ 9,900,000

Advanced locomotive propulsion system ....................................... (3,000,000) 

Prototype non-electric locomotive .................................................. (1,900,000) 

Diesel multiple units compliance and demonstration ................. (5,000,000) 

Grade crossing and innovative technologies ........................................ 9,000,000 

Mitigating hazards ......................................................................... (2,000,000) 

Low-cost technologies ..................................................................... (1,000,000) 

North Carolina pedestrian crossing safety pilot: Clayton grade 

separation .................................................................................... (800,000) 

Springfield, Missouri grade reconfiguration study ...................... (800,000) 

Anchorage C Street corridor grade Crossing ................................ (1,000,000) 

Tupelo Rail study ........................................................................... (1,500,000) 

New Orleans Union Passenger Terminal ..................................... (1,000,000) 

KBS railroad Hazard elimination, Kankakee, IL ........................ (400,000) 

Ohio statewide highway-rail crossing barrier gates .................... (500,000) 

Track and structures ............................................................................. 1,000,000 

Corridor planning .................................................................................. 2,500,000 

Gulf Coast corridor ......................................................................... (1,500,000) 

Southeast corridor .......................................................................... (750,000) 

Midwest regional rail planning and engineering study .............. (250,000) 

Maglev .................................................................................................... 5,000,000 

Washington to Baltimore maglev deployment ............................. (1,000,000) 

California-Nevada Interstate maglev project ............................... (1,000,000) 

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Program Amount 

Pittsburgh-Greensburgh, Pennsylvania maglev deployment 

project .......................................................................................... (2,000,000) 

Southern California maglev ........................................................... (1,000,000) 

Total ............................................................................................. 37,400,000

Train control systems.—The conferees note that several new 

and ongoing pilot projects are important to demonstrating the operational and safety benefits of wider deployment of train control system technologies on freight railroads. The conferees encourage the 

FRA to utilize a portion of its appropriations to further the development and testing of safety overlay train control technologies that 

work in conjunction with existing methods of operation and signal 

and control systems to protect against the consequences of human 

and technology failures. 

Diesel multiple units.—The conference agreement provides 

$5,000,000 to validate the compliance of diesel multiple units with 

existing passenger car safety standards and to make a grant to up 

to two public bodies for the purpose of initiating a demonstration 

in daily revenue service of a compliant DMU during calendar years 

2003 and 2004. Federal funding shall only be made available if 

funds are matched on a dollar-for-dollar basis from non-federal 

sources and shall only be used for activities related to establishing 

the compliance of the DMU design with passenger safety standards 

and for the acquisition of DMUs (through a conventional competitive procurement process) and service facilities necessary for revenue service demonstration. All other expenses, including the cost 

of passenger facilities and any net operating expenses are not eligible for funding under this appropriation. In making the grant 

award decision, FRA shall consider among its criteria: the extent 

that the award would develop or facilitate the domestic rail passenger car manufacturing industry and the extent that it is compatible with DMU technology acquired pursuant to the fiscal year 

2003 appropriation. Nothing shall preclude FRA from making 

funds available to the recipient of the fiscal year 2003 award. 

California corridor.—Funds made available for high-speed rail 

in California should supplement, not replace, state funding for this 

same program. 

Northern New England high speed rail corridor.—The conference agreement directs the Secretary to include the train routes 

from Boston, Massachusetts via Worcester and Springfield, Massachusetts to Albany, New York and from Springfield, Massachusetts 

via Hartford, Connecticut to New Haven, Connecticut as part of the 

existing Northern New England High Speed Rail Corridor. 

Magnetic levitation.—In order to assist in the evaluation of the 

potential of magnetic levitation to achieve traffic congestion relief 

and determine its appropriate role in our nation’s transportation 

system, the conferees direct FRA to provide the House and Senate 

Committees on Appropriations a report comparing the cost and 

benefits of magnetic levitation to other modes of travel. This report 

should be undertaken while moving forward on submitted projects. 

Rail-highway crossing hazard eliminations.—A total of 

$5,250,000 is made available for the elimination of rail-highway 

crossing hazards. A limited number of rail corridors are eligible for 

977

these funds. Of these set-aside funds, the following allocations were 

made:

Assembly Street, Whaley Street and Rosewood Drive, Columbia, 

South Carolina ................................................................................... 1,050,000 

Tulsa, OK sealed corridor quiet zone ................................................... 1,575,000 

Hamilton Boulevard over CSX rail line near US 90, Mobile, Alabama .................................................................................................... 1,250,000 

Washington State high speed rail corridor grade crossing project .... 1,000,000 

Wisconsin Railway-Highway crossing hazard elimination project .... 375,000 

Total ................................................................................................. 5,250,000 

ALASKA RAILROAD REHABILITATION

The conference agreement provides $25,000,000 for the Alaska 

Railroad, as proposed by the Senate. The House bill contained no 

similar appropriation. 

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

(AMTRAK)

The conference agreement provides $1,225,000,000 for the Secretary of Transportation to make quarterly grants to Amtrak, instead of $900,000,000 as proposed by the House and $1,346,000,000 

as proposed by the Senate. Of these funds, $760,000,000 is provided for operating subsidy grants and $465,000,000 is provided for 

capital grants. Flexibility of the Secretary to allocate funds to either operating or capital subsidies is not included, as proposed by 

the Senate. 

DOT oversight.—The conference agreement directs the Secretary to approve funding for all train routes for operating losses 

and capital expenditures, including advance purchase orders, after 

receiving and approving a grant request accompanied by detailed 

financial information, revenue projections, and capital expenditure 

projection justification, as proposed by the Senate. 

The conferees direct the Secretary to ensure that Amtrak continues to meet all debt principal and interest payments in fiscal 

year 2004, as proposed by the House and Senate. The Secretary is 

also directed to ensure that any funds provided to Amtrak be spent 

in a prudent manner, on projects where positive results can be 

seen, that maximize operational efficiencies, that promote those 

lines that have the highest ridership and that have cost sharing 

agreements in place. Amtrak shall not be permitted to begin any 

new projects unless the project can be fully funded with the fiscal 

year 2004 appropriation and Amtrak generated revenues, unless 

such projects are critical for safety or infrastructure repairs, as proposed by the House. 

The conference agreement directs the Secretary to vouch for 

the accuracy of financial information Amtrak provides to Congress, 

in the form of a signed letter to the House and Senate Committees 

on Appropriations, that accompanies the transmittal of the quarterly grant documents to the Committees and continues to meet the 

specified criteria, as proposed by the House. The conference agreement also prohibits the Secretary from obligating or expending any 

funds until Amtrak agrees to continue abiding by certain provisions 

agreed to under the direct loan agreement signed on June 28, 2002. 

978

Continuation of commuter rail services.—The conference agreement includes a provision (Section 150) authorizing the Surface 

Transportation Board to continue commuter rail service if Amtrak 

should cease operations, as proposed by the House. Within the 

funds provided, the conference agreement directs the Secretary to 

reserve $60,000,000 to fund costs incurred if directed service orders 

are issued by the Surface Transportation Board. At the Secretary’s 

discretion and based on the financial stability of Amtrak, the Secretary may make the reserved funds available to Amtrak through 

appropriate grants during the fourth quarter, to the extent that no 

directed service orders have been issued or are expected to be 

issued. 

In addition, the Federal Railroad Administration, in coordination with the Surface Transportation Board, shall submit a report 

to the House and Senate Committees on Appropriations, the House 

Committee on Transportation and Infrastructure and the Senate 

Committee on Commerce, Science and Transportation regarding 

contingency plans the Department has in place in the event that 

Amtrak should cease operations and an emergency commuter service order must be carried out. This report is due no later than 90 

days from enactment of this Act. 

Annual business plan.—The conference agreement includes 

language, modified from the House and Senate bills, directing Amtrak to submit to the Secretary of Transportation, the House and 

Senate Committees on Appropriations, the House Committee on 

Transportation and Infrastructure and the Senate Committee on 

Commerce, Science and Transportation a comprehensive business 

plan approved by the Board of Directors for operating subsidies 

and capital projects, including advance purchase orders, to be funded in fiscal year 2004. The plan must include targets for ridership, 

revenues, and capital and operating expenses, as applicable, and a 

separate accounting of such targets for the Northeast Corridor; 

commuter service; long-distance Amtrak service; state-supported 

service; each intercity train route; including Autotrain; and commercial activities including contract operations and mail and express. For capital expenditures, the plan must include a description 

of the work to be funded, with cost estimates and a timetable for 

completion. The plan must be submitted within 60 days of enactment of this Act, in both paper and electronic formats, and must 

be posted on Amtrak’s website. 

The conference agreement directs that no funding may be used 

for projects or expenses not approved by the Secretary or included 

on Amtrak’s business plan, as proposed by the House and Senate. 

Any variations to the base operating and capital plans, including 

advance purchase orders, must be submitted to the House and Senate Committees on Appropriations, according to the Department’s 

reprogramming guidelines. 

The conference agreement continues bill language requiring 

Amtrak to continue to submit monthly supplemental reports regarding the business plan, which should describe work completed, 

any changes to the business plan, and justification for such 

changes, as proposed by the House and Senate. These reports 

should be submitted in an electronic format and posted on Amtrak’s website. The reports shall continue to be submitted to the 

979

Secretary and the House and Senate Committees on Appropriations and must be submitted every month, within 30 days following 

the last business day of the previous month. 

State-assisted intercity rail service.—The conference agreement 

also includes a provision (Section 151) that directs the Secretary to 

develop and implement a fair competitive bid procedure by January 

1, 2004, to assist states in introducing carefully managed competition to demonstrate whether this could provide higher quality rail 

service at reasonable prices, as proposed by the House. The Secretary must administer the process, monitor its progress, and make 

monthly reports to the House and Senate Committees on Appropriations. The Secretary may reprogram up to $2,500,000 from Amtrak operating grant funds to assist in costs of implementing this 

process. From this amount, the Secretary may make grants available to the states for any purpose consistent with achieving the 

goals of the process. The Secretary must also evaluate the fair competitive bid procedures and report to the House and Senate Appropriations Committees, the House Transportation and Infrastructure 

Committee and the Senate Committee on Commerce, Science and 

Transportation by July 1, 2004. In addition, within 30 days of enactment of this Act, the Secretary shall report to these same Committees on options for insurance pooling to provide states and operators with the lowest possible insurance costs. 

Military and Veterans Discount Program.—The conferees are 

dismayed to learn that Amtrak management is giving consideration 

to terminating its discount program for the nation’s veterans, members of the National Guard and Reserve, and active duty military 

members. At a time when so many military members are risking 

their lives on a daily basis, the conferees are greatly disappointed 

that Amtrak would consider terminating this discount program, especially since travelers that utilize the discount must travel under 

specified restrictions during off-peak travel times. The conferees expect Amtrak to continue this discount program and believe that the 

amount of funding provided in this Act for Amtrak is sufficient to 

avoid any necessity to terminate this well-deserved benefit for our 

nation’s veterans and military members. 

GENERAL PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

The conference agreement includes a provision (Section 150) 

authorizing the Surface Transportation Board to continue commuter rail service if Amtrak should cease operations.

The conference agreement includes a provision (Section 151) 

requiring the Secretary of Transportation, working with affected 

states, to develop and implement a fair competitive bid procedure 

to assist states in introducing carefully managed competition to 

demonstrate whether competition may provide higher quality rail 

service at reasonable prices. 

FEDERAL TRANSIT ADMINISTRATION 

ADMINISTRATIVE EXPENSES

The conference agreement provides $75,500,000 for administrative expenses of the Federal Transit Administration, instead of the 

980

$72,500,000 as proposed by the House and $73,000,000 as proposed 

by the Senate. Within this total, the conference agreement appropriates $15,100,000 from the general fund. The general fund appropriation shall be available until expended. 

The conference agreement specifies the appropriations for each 

of the FTA offices in bill language, as proposed by both the House 

and Senate. In addition, the Administrator is authorized to transfer 

funding between offices, but transfers totaling more than three percent must be approved by both the House and Senate Committees 

on Appropriations. 

The conference agreement includes a provision, contained in 

both bills, that would reimburse the Department of Transportation’s Inspector General $2,000,000 for costs associated with audits and investigations of transit-related issues. The conference 

agreement also includes a provision that specifies the amount of 

funding available for the National transit database to be not less 

than $2,200,000 for fiscal year 2004. 

Administrative expenses.—Salaries and benefits have been provided for all current on-board FTE at the Federal Transit Administration. The request for an additional 10 FTE has been denied, consistent with the Senate proposal. FTA has grown unencumbered for 

some time, increasing by 18% in ten years, and the conferees are 

troubled that FTA continues to seek new employees every year in 

double-digit quantities. Many items within the central account 

have been kept at levels consistent with fiscal year 2003, as increases of over 50% were requested in some instances, such as 

transportation and training. 

In addition, this year FTA has submitted letters to the Committees with important attachments missing; has approved a reprogramming—and advised a Member of Congress of such action—

without requesting such change from the Committees on Appropriations; and has been reluctant to provide information in a responsive manner. The conferees will not tolerate the continuation 

of these kinds of errors and demand that FTA develop better procedures for improved internal coordination. 

Budget justifications.—The conferees direct FTA to submit its 

fiscal year 2005 congressional budget justification for administrative expenses by office, as proposed by the House and Senate, with 

material detailing salaries and expenses, staffing increases, and 

programmatic initiatives of each office. 

Grants management.—The conferees are concerned with the increasing number of projects that are not obligated in a three-year 

period that consequently become available for reallocation. At the 

same time, the House and Senate Committees on Appropriations 

have heard a litany of complaints from project sponsors of the lack 

of cooperation and assistance from FTA during the grant application process and the amendment process for full funding grant 

agreements. While the conferees expect aggressive oversight from 

the agency, they will not condone intimidation or dilatory bureaucratic obstacles that needlessly delay the obligations of discretionary projects. FTA should set new goals for the timing of grant 

obligations for each discretionary category and strive to meet those 

goals. 

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In the event that FTA receives a request from a Member of 

Congress regarding a reprogramming of funding for transit projects 

in their district or state, FTA shall direct the Member of Congress 

to the House and Senate Committees on Appropriations to establish a resolution. The Committees shall review the matter and notify FTA of the resolution. 

Project and financial management oversight activities.—The 

conferees direct FTA to submit to the House and Senate Committees on Appropriations quarterly FMO and PMOC reports for each 

project with a full funding grant agreement. 

Full funding grant agreements (FFGAs).—TEA–21, as amended, requires that the FTA notify the House and Senate Committees 

on Appropriations as well as the House Committee on Transportation and Infrastructure and the Senate Committee on Banking 

sixty days before executing a full funding grant agreement. In its 

notification to the House and Senate Committees on Appropriations, the conferees direct the FTA to include therein the following: 

(1) a copy of the proposed full funding grant agreement; (2) the 

total and annual federal appropriations required for that project; 

(3) yearly and total federal appropriations that can be reasonably 

planned or anticipated for future FFGAs for each fiscal year 

through 2004; (4) a detailed analysis of annual commitments for 

current and anticipated FFGAs against the program authorization; 

(5) an evaluation of whether the alternatives analysis made by the 

applicant fully assessed all viable alternatives; and (6) a financial 

analysis of the project’s cost and sponsor’s ability to finance the 

project, which shall be conducted by an independent examiner and 

which shall include an assessment of the capital cost estimate and 

the finance plan; the source and security of all public- and privatesector financial instruments; the project’s operating plan, which 

enumerates the project’s future revenue and ridership forecasts; 

and a listing of all planned contingencies and possible risks associated with the project. 

The conferees also direct FTA to inform the House and Senate 

Committees on Appropriations thirty days before approving scope 

changes in any full funding grant agreement, as proposed by the 

House. Correspondence relating to scope changes shall include any 

budget revisions or program changes that materially alter the 

project as originally stipulated in the full funding grant agreement, 

and shall include any proposed change in rail car procurements. 

The conferees have not included language, proposed by the 

House, directing FTA to report to the House and Senate Committees on Appropriations before any project in the new starts process 

is given approval by FTA to advance to preliminary engineering or 

final design. The conferees would encourage FTA to ensure that the 

Committees are aware of project development and progression, but 

do not require official correspondence. 

New starts report.—The conferees were satisfied with the timely submission of FTA’s fiscal year 2004 annual report on new starts 

projects. TEA–21 required this report to be submitted in conjunction with the budget, yet year after year, this report was submitted 

months late. Without a timely submission of this information, the 

conferees cannot make well-informed decisions about new starts 

projects. To ensure that this report continues to be submitted on 

982

time, the conference agreement includes bill language that requires 

FTA to submit its annual new starts report with the initial submission of the President’s budget request. An untimely submission of 

this crucial report will result in penalties to FTA’s administrative 

expenses account. 

Charter service activities.—The conferees direct FTA to revisit 

Part 604 of Title 49 of the United States Code to ensure that the 

statute continues to meet its purpose of ensuring that federally 

funded equipment and facilities should not be used to compete unfairly with private charter operators, as proposed by the House. A 

report shall be submitted to the House and Senate Committees on 

Appropriations no later then December 31, 2003, on FTA’s efforts. 

Buy America enforcement.—The conferees direct the Office of 

Inspector General to review FTA’s most recent interpretations of 

manufactured components and subcomponents as well as the use 

of temporary exemptions regarding domestic content under the Buy 

America statute, as proposed by the Senate. A report shall be submitted to the House and Senate Committees on Appropriations no 

later than March 1, 2004. 

Transit agency advertising.—The conferees are concerned that 

transit agencies accepting Federal grant funds may be providing 

their advertising space to organizations that encourage the public 

to break the law. For example, the conferees note with displeasure 

that public service advertising space in Washington, DC’s Metropolitan Area Transit Authority rail stations and buses has been 

used to advocate changing the nation’s laws regarding marijuana 

usage. WMATA has provided $46,250 worth of space to these types 

of ads; therefore, as a warning to other transit agencies, the conferees have deleted funding totaling $92,500 from projects and activities for WMATA in this bill. 

While the conferees applaud the efforts of many transit agencies to prevent ads that promote marijuana use, the conferees remain concerned that the opportunity exists nationwide for transit 

properties to run similar advertising. Therefore, the conference 

agreement includes a provision (Section 177) that prohibits Federal 

transit grantees from obligating or expending funds that would otherwise be available in the Act, if the grantee is involved directly 

or indirectly with any activity, including displaying or permitting 

to be displayed advertisements on its land, equipment, or in its facilities, that promote the legalization or medical use of substances 

listed in schedule I of section 202 of the Controlled Substance Act. 

FORMULA GRANTS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides a total program level of 

$3,839,000,000 for formula grants of the Federal Transit Administration, as proposed by both the House and Senate. Within this 

total, the conference agreement appropriates $767,800,000 from the 

general fund. The general fund appropriation shall be available 

until expended. The FTA oversight takedown shall not exceed the 

amount authorized in current law. 

The conference agreement provides that funding made available under the clean fuels formula grant program under this headVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00986 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
983

ing shall be transferred to and merged with funding provided for 

the replacement, rehabilitation, and purchase of buses and related 

equipment and the construction of bus-related facilities under ‘‘Federal Transit Administration, capital investment grants’’. 

UNIVERSITY TRANSPORTATION RESEARCH

The conference agreement provides a total of $6,000,000 for the 

university transportation research program as proposed by both 

the House and the Senate. Of this amount, $1,200,000 is from the 

general fund and shall be available until expended. 

TRANSIT PLANNING AND RESEARCH

The conference agreement provides a total of $126,000,000 for 

transit planning and research. Within the total, the conference 

agreement appropriates $25,200,000 from the general fund. The 

general fund appropriation shall be available until expended. 

Within the funds appropriated for transit planning and research, $5,250,000 is provided for rural transportation assistance; 

$4,000,000 is provided for the National Transit Institute; 

$8,250,000 is provided for the transit cooperative research program; $60,385,600 is provided for metropolitan planning; 

$12,614,400 is provided for state planning; and $35,500,000 is provided for the national planning and research program. 

National planning and research.—Within the funding provided 

for national planning and research, the Federal Transit Administration shall make available the following amounts for the programs and activities listed below:

Project ACTION (TEA–21) .................................................................... $3,000,000 

Advanced Transportation Technology Institute, Tennessee .............. 1,000,000 

CALSTART/Weststart Bus Rapid Transit; Clean Mobility and 

Transit Enhancements ...................................................................... 2,125,000 

Center for Composite Manufacturing, Alabama ................................. 1,000,000 

Center for Intermodal Transportation, Florida A&M University ...... 750,000 

Community Transportation Association of America’s National 

Joblinks Program ............................................................................... 1,000,000 

Fischer-Tropsch clean diesel technology demonstration, Oklahoma 1,000,000 

Hennepin County Community Works, Minnesota .............................. 1,200,000 

Interior Air Quality Industrial Engine Control Demonstration, 

Bristol, Virginia .................................................................................. 850,000 

JSU Bus Technology Research Center ................................................. 1,000,000 

National Bio-Terrorism Civilian Medical Response Center, Pennsylvania .................................................................................................... 1,000,000 

NDSU Transit Center for small urban areas, North Dakota ............ 400,000 

North Carolina State University Center for Transportation and the 

Environment ....................................................................................... 100,000 

NYU-Wagner Rudin Center Americas Mega City Project, New York 75,000 

Oklahoma Transportation Center ........................................................ 1,500,000 

State University System of Florida Intermodal Transportation 

Safety Initiative .................................................................................. 7,000,000 

Transit Technology Center Ladder Partnership Training Program 500,000 

Vashon Island Passenger-Only Ferry Initiative, Washington ........... 1,000,000

WVU exhaust emissions testing, West Virginia ................................. 1,400,000

984

TRUST FUND SHARE OF EXPENSES

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

The conference agreement provides $5,847,200,000 in liquidating cash for the trust fund share of transit expenses. 

CAPITAL INVESTMENT GRANTS

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides a total program level of $3,137,500,000 to remain available until expended for capital investment grants. Within the total, the conference agreement appropriates $627,500,000 from the general fund. Within the total program level, $1,206,506,000 is provided for fixed guideway modernization; $607,200,000 is provided for the replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities; and 

$1,323,794,000 is provided for new fixed guideway systems. 

Three year availability of section 5309 discretionary funds.— The conferees direct FTA to reprogram funds from recoveries and 

previous appropriations that remain available after three years and 

are available for reallocation to only those new starts and bus and 

bus facilities projects that are identified. The FTA shall notify the 

House and Senate Committees on Appropriations 15 days prior to 

any such proposed reallocation. Therefore, the conferees direct FTA 

to reallocate funds provided in the fiscal year 2001 Department of 

Transportation and Related Agencies Appropriations Act or previous Acts for the following bus and bus facilities projects, which 

shall supplement funding for bus and bus facility projects listed in 

this report:

Woburn, buses and bus facilities, MA 

Elizabeth Ferry Project, NJ 

Greenport and Sag Harbor, ferries and vans, NY 

Westchester and Duchess counties, vans, NY 

Phoenixville, transit related improvements, PA

The conferees direct FTA to reallocate funds provided in the 

fiscal year 2001 Department of Transportation and Related Agencies Appropriations Act or previous Acts for the following new 

starts projects:

Boston-South Boston Piers Transitway Project 

Massachusetts North Shore Corridor Project

FTA restrictions on funding for non-FFGA new start projects.— The conferees strongly support language proposed by the Senate 

that rejects an FTA reinterpretation of Sections 5309(e)(6), (7), and 

(8) of Title 49, U.S.C. Through this reinterpretation, FTA is withholding the release of appropriated funds for new starts projects 

that have received more than $25,000,000 in Federal funding prior 

to receiving a full funding grant agreement. The conference agreement includes a general provision that rejects the FTA analysis 

that once a project exceeds $25,000,000 it is subject to FTA review 

and evaluation and therefore FTA must approve it for advanceVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 00988 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
985

ment, while withholding appropriated funds. Further, there is no 

limit of $25,000,000 on alternatives analysis, preliminary engineering, or final design, and a project seeking more than that amount 

for such activities does not need an early systems work agreement, 

as FTA has interpreted to be required under subsection (g)(1). The 

conferees direct FTA to expeditiously release previously appropriated funds for all new starts projects identified in this and prior 

appropriations Acts that remain unobligated and have not been reallocated by the Congress, upon request of the grantee and the satisfaction of statutory requirements. 

Pooled procurement pilot project.—The conference agreement 

includes a general provision establishing a pooled procurement 

pilot program for bus procurements (Section 166), as proposed by 

the Senate. FTA shall disseminate the benefits of voluntary buyer 

collaboration to transit systems and review upcoming and current 

procurements to determine suitable candidates for selection as pilot 

projects. Additionally, the FTA is directed to evaluate the process 

employed and the results achieved by each pool and report the 

findings to the House and Senate Committees on Appropriations no 

later than 60 days after the award of a contract. 

BUS AND BUS FACILITIES

Bus and bus facilities.—The conference agreement provides 

$607,200,000, together with $50,000,000 transferred from ‘‘Federal 

Transit Administration, formula grants’’ and $20,000,000 transferred from ‘‘Federal Transit Administration, job access and reverse 

commute grants’’ and merged with funding under this heading, for 

the replacement, rehabilitation and purchase of buses and related 

equipment and the construction of bus-related facilities. No funding 

is made available to carry out the clean fuels program in this Act. 

In addition, funds made available for bus and bus facilities are to 

be supplemented with funds from reallocated projects included in 

the fiscal year 2001 Appropriations Act. 

Funds provided for buses and bus facilities are distributed as 

follows:

AC Transit Expansion Buses, California ............................................. $1,000,000 

Access Enhancements to Sierra Madre Villa Gold Line Station, 

California ............................................................................................ 600,000 

Adams County Transit Authority (ACTA) buses and bus facilities, 

Pennsylvania ...................................................................................... 20,000 

Alabama A&M University Transit Loop, Alabama ............................. 1,500,000 

Alabama Area Agencies on Aging Senior Van Replacement .............. 1,000,000 

Alabama State Docks Intermodal Facility ........................................... 9,500,000 

Alameda Point Areil Transit Project, California ................................. 500,000 

Alaska Mobility Coalition Bus Replacement ....................................... 500,000 

Alexandria After School Bus program, Virginia ................................. 75,000 

Allegan County Transportation Services, Michigan ........................... 1,000,000 

Allentown Intermodal Facility, Pennsylvania ..................................... 2,500,000 

Alternative Fuel Replacement Buses for Sun Tran, Arizona ............. 500,000 

Ames Maintenance Facility improvement, Iowa ................................. 1,000,000 

AMTRAN Buses and Transit System Improvements, Pennsylvania 200,000 

Anaheim Resort Transit (ART), California .......................................... 500,000 

Anchorage Ship Creek Intermodal Facility, Alaska ........................... 2,000,000 

Ann Arbor Fuel Cell Bus Project, Michigan ........................................ 2,000,000 

Ann Arbor Transit Authority Transit Center, Michigan .................... 750,000 

Antelope Valley Transit Authority Operations and Maintenance 

Facility, California ............................................................................. 1,250,000 

Arctic Winter Games buses and bus facilities, Alaska ....................... 1,500,000 

986

Area Transit Authority buses and bus equipment, Pennsylvania ..... 2,500,000 

Arkansas Statewide buses and bus facilities ...................................... 4,750,000 

Asheville Transit System Fleet Replacement, North Carolina .......... 300,000 

Athens Clarke County Park Ride Project, Georgia ............................. 2,750,000 

Audubon Area Community Services, Kentucky .................................. 100,000

Austin Capital Metro buses and bus facilities, Texas ........................ 3,000,000 

Baldwin Park Downtown/Metrolink Parking Improvements, California ................................................................................................... 250,000

Baltimore Center Plaza, Maryland ...................................................... 600,000 

Barry County Transit replacement maintenance equipment, Michigan ....................................................................................................... 20,000

BARTA Fixed Route Bus and Paratransit Vehicle Replacement, 

Pennsylvania ...................................................................................... 2,600,000

BARTA Transit Facilities, Pennsylvania ............................................. 650,000

Bay Area Metropolitan Transportation Authority New and Replacement Buses, Michigan ....................................................................... 250,000

Bay Area Transportation Authority Downtown Transfer Center 

Construction and Bus Purchase, Grand Traverse County, Michigan ....................................................................................................... 1,000,000

Beaver County Transit Authority replacement buses and equipment, Pennsylvania ............................................................................ 250,000

Belding bus replacement and communication equipment, Michigan 40,000

Berkshire Regional Transit Authority (BRTA) Buses and Fare 

Boxes, Massachusetts ........................................................................ 765,000

Berrien County Public Transportation, Michigan ............................... 80,000

Billings Downtown Bus Transfer Facility, Montana .......................... 1,500,000

Birmingham Downtown Intermodal Facility phase II, Alabama ...... 3,500,000

Bloomington Transit, Bloomington, Indiana ....................................... 720,000

Brattleboro Multimodal, Vermont ........................................................ 2,000,000

Brazos County Bus Replacement Program, Texas .............................. 200,000

Bridgeport Intermodal Transport Center, Connecticut ...................... 4,000,000

Brockton Intermodal Transportation Centre, Massachusetts ............ 1,000,000

Burbank Empire Area Transit Center, California .............................. 750,000

Burlington Transit Facilities, Vermont ............................................... 2,500,000

Bus Rapid Transit Project, Virginia Street, Reno, Nevada ................ 1,000,000

Bus Replacement, Brockton Area Transit Authority, Massachusetts 2,000,000

Butler Multi-Modal Transit Center, Pennsylvania ............................. 1,000,000

Cadillac/Wexford Transit Authority buses, Michigan ......................... 75,000

Cadillac/Wexford Transit Authority Intermodal Facility, Michigan 600,000

Calexico Transit System, California ..................................................... 300,000

Cambria County Transit buses and facilities, Pennsylvania ............. 900,000

Capital Area Transit Buses, Pennsylvania .......................................... 1,600,000

Capital District Transportation Authority (CDTA), Rensselaer 

Intermodal Station, New York .......................................................... 250,000

Capital Metro Hybrid Electric Buses, Texas ....................................... 500,000

CATA, Lansing, Michigan ..................................................................... 1,000,000

Central New York Regional Transportation Authority ...................... 2,300,000

Central Ohio Transit Authority Facility .............................................. 450,000

Central Oklahoma Transportation and Parking Authority ............... 1,820,000

Centre Area Transit Authority, Advanced Public Transportation 

Systems Initiative, Pennsylvania ..................................................... 600,000

Cerone Operating Complex Improvements, California ....................... 500,000

Cerritos Circulator Buses, California ................................................... 300,000

Chapel Hill Bus Maintenance Facility, North Carolina ..................... 1,000,000

Charlotte Area Transit System Transit Maintenance and Operations Center, North Carolina .......................................................... 5,000,000

Chatham Area Transit Authority buses and bus facilities, Georgia 6,000,000

Cherry Street Multi-Modal Facility, Terre Haute, Indiana ............... 1,900,000

Cheyenne River Sioux Tribe public buses and bus facilities, South 

Dakota ................................................................................................. 2,250,000

Church Street Transportation Center, Williamsport, Lycoming 

County, Pennsylvania ........................................................................ 250,000

Citrus County Enhancement Project for the Transportation Disadvantaged, Florida ........................................................................... 125,000

City Bus, Williamsport Bureau of Transportation, Lycoming County, Pennsylvania ................................................................................. 1,000,000

City of Canby Transit Center, Oregon ................................................. 150,000

City of Columbia Transit Replacement, Missouri ............................... 100,000

987

City of Corvallis Bus Replacement, Oregon ........................................ 250,000

City of Greenville Multimodal Transportation Center Improvements, South Carolina ....................................................................... 200,000

City of Macon Alternative Fuel Vehicle Purchase, Georgia ............... 300,000

City of Wichita Transit Authority System Upgrades, Kansas ........... 250,000

CityLink van and technology replacement, Abiline, Texas ................ 500,000

Clallam Transit Buses, Washington .................................................... 250,000

Clare County Transit Corporation Replacement Buses, Michigan .... 100,000

Claremont Intermodal Transit Village Expansion Project, California ................................................................................................... 1,250,000

Clark County Transit, Bus Replacement Project, Washington .......... 3,000,000

Clean Fleet Bus Purchase and Facilities, Virginia ............................. 1,000,000

Clinton Transit Bus Purchase, Michigan ............................................ 40,000

Clinton Transit Office, Missouri ........................................................... 250,000

Coast Transit Authority, Mississippi ................................................... 500,000

Coconino County buses and bus facilities, Arizona ............................ 1,400,000

Coffman-Cove Inner Island Ferry/Bus Terminal, Alaska ................... 1,500,000

Collegian Busway Improvements, California ...................................... 200,000

Colorado Transit Coalition buses and bus facilities, Colorado .......... 14,000,000

Community Transit Bus and Van Replacement, Washington ........... 1,000,000

Connecticut Statewide buses and bus facilities .................................. 3,000,000

Construction of new Intermodal Terminals in Downtown Reno and 

Sparks, Nevada .................................................................................. 6,000,000

Coralville Intermodal Facility, Iowa .................................................... 500,000

Corona Transit Center, California ....................................................... 700,000

Corpus Christi buses and bus facilities, Texas ................................... 2,000,000

County Connection L.L.C., Midland County, Michigan ...................... 75,000

Cranberry Isles Intermodal Transportation Facility, Maine ............. 250,000

Cummings Research Park Commercial Center Intermodal Facility, 

Alabama .............................................................................................. 2,000,000

Curtis Ferry, Maine ............................................................................... 750,000

Danville Hub-Gilcher Transit Facility/Parking Structure, Kentucky 1,750,000 

Danville Trolley Buses, Virginia .......................................................... 175,000

Daviess County Parking Garage and Intra-County Transit Facility, 

Kentucky ............................................................................................. 2,000,000

Davis Intermodal Facility, California .................................................. 200,000

Dekalb County BRT Improvements, Georgia ...................................... 1,500,000

Delaware Statewide bus and bus facilities .......................................... 1,000,000

Detroit Bus Replacement, Michigan .................................................... 2,500,000

Detroit Downtown Transit Center, Michigan ...................................... 7,000,000

Detroit Timed Transfer Center Phase II, Michigan ........................... 1,000,000

Downtown Transit Center, Nashville, Tennessee ............................... 2,000,000

Durham Multimodal Transportation Facility, North Carolina .......... 1,500,000

East Haddam Mobility Improvement Project, Connecticut ................ 3,000,000

East Side Transit Center, Cleveland, Ohio ......................................... 1,000,000

Eastern Contra Costa County Park and Ride Lots, California .......... 600,000

Ed Roberts Campus transit center, California .................................... 400,000

Edmonds Crossing Multimodal Transportation Terminal, Washington .................................................................................................. 2,000,000

El Garces Intermodal Station, Needles, California ............................. 1,900,000

El Paso Sun Metro Bus Replacement, Texas ...................................... 1,000,000

Endless Mountain Transportation Authority, Bradford County, 

Pennsylvania ...................................................................................... 10,000

Erie Metropolitan Transit Authority Bus Acquisition, Pennsylvania 100,000

Escondido Bus Maintenance Facility, California ................................ 500,000

Eureka Intermodal Depot, California .................................................. 250,000

Everett Transit, Bus Replacement, Washington ................................. 1,000,000

Fairfax County, Richmond Highway Transit Improvements, Virginia ..................................................................................................... 700,000

Farmington buses and bus facilities, New Mexico .............................. 100,000

Fayette County Intermodal Transit Facility, Pennsylvania .............. 400,000

Flagler Senior Services Transit Coaches, Florida ............................... 125,000

Flint buses and bus facilities, Michigan .............................................. 2,500,000

Florida International University/University of Miami University 

Transportation Center, Florida ......................................................... 400,000

Foothill Transit Oriented Neighborhood Program, California ........... 2,500,000

Fort Edward Intermodal Station Interior Restoration/Rehabilitation Project, New York ....................................................................... 300,000

988

Fort Lauderdale Tri-County Transit Authority fare collection system, Florida ........................................................................................ 800,000

Fort Smith Transit Facility, Arkansas ................................................ 750,000

Fort Wayne Citilink Bus Purchase, Indiana ....................................... 400,000 

Franklin Regional Transit Authority (FRTA) Bus, Massachusetts ... 150,000

Fresno FAX Buses, Equipment, and Facilities, California ................ 1,200,000 

Ft. Worth Transportation Authority Fleet Modernization and Bus 

Transfer Centers, Texas .................................................................... 1,500,000 

Fulton County Transit Authority, Kentucky ....................................... 150,000 

Galveston Maintenance Facility Renovations, Texas ......................... 800,000 

Georgia Statewide buses and bus facilities, Albany & Rome ............ 1,000,000 

Girdwood Transportation Center, Alaska ............................................ 1,000,000

Golden Empire Transit Traffic Signal Priority, California ................ 250,000 

Grand Rapids Metropolitan Area multimodal surface transportation center, Michigan ...................................................................... 1,550,000 

Grant Transit Authority, Bus Facility, Washington ........................... 500,000

Grapevine Bus Purchase, Texas ........................................................... 160,000 

Grays Harbor Transportation Authority Capital Improvement, 

Washington ......................................................................................... 75,000 

Great Falls Transit Authority Bus Replacement and Facility Improvement, Montana .......................................................................... 300,000 

Greater Dayton Regional Transit Authority, Ohio ............................. 750,000

Greater New Haven Transit District Fuel Cell and Electric Bus 

Funding, Connecticut ......................................................................... 1,500,000

Greater Ouachita Port and Intermodal Facility, Louisiana ............... 1,250,000

GRTA buses and bus facilities, Georgia .............................................. 5,000,000

Hamilton Clean Fuels Bus Facility, Georgia ....................................... 1,000,000 

Hampton Roads Transit Southside Bus Facility, Virginia ................. 2,000,000 

Harbor Transit Bus Replacement, Michigan ....................................... 200,000 

Harrisburg CorridorONE, Pennsylvania ............................................. 2,000,000 

Harrisburg Intermodal Airport Multi-Modal Transportation Facility, Pennsylvania ................................................................................ 1,000,000 

Harrison County multi-modal facilities and shuttle service, Mississippi ................................................................................................ 1,000,000 

Harrison Intermodal Project, New Jersey ........................................... 750,000 

HART Bus Purchase, Florida ............................................................... 500,000 

Hartford Downtown Circulator, Connecticut ....................................... 1,375,000 

Hattiesburg Intermodal Facility, Mississippi ...................................... 3,000,000

Hawaii Statewide Rural Bus Program ................................................. 4,000,000

Hazleton Intermodal Public Transit Center, Pennsylvania ............... 1,750,000 

Helena Transit Facility, Montana ........................................................ 500,000

Hemet Transit Center/Bus Facility, California ................................... 312,000

Henderson Area Rapid Transit Authority, Kentucky ......................... 15,000

High Point Project Terminals, North Carolina ................................... 800,000

Holland Macatawa Area Express (MAX), Michigan ........................... 600,000

Honolulu Bus and Paratransit Replacement Program, Hawaii ......... 10,000,000 

Honolulu Middle Street Intermodal Center, Hawaii .......................... 3,000,000

Howard Boulevard Intermodal Park & Ride, New Jersey ................. 2,200,000

Hunt County Committee on Aging Transportation Facility, Texas 400,000 

Hunterdon County Intermodel Stations and Park & Rides, New 

Jersey .................................................................................................. 400,000 

Huntsville Airport Phase III Intermodal Facility, Alabama .............. 3,500,000

Idaho Transit Coalition buses and bus facilities ................................. 4,000,000

Illinois Statewide buses and bus facilities ........................................... 7,000,000

Indiana County Transit Authority/Bus Facility Expansion and Renovation, Pennsylvania ........................................................................ 400,000

Indiana University Bloomington, Indiana ........................................... 800,000 

Indianapolis Downtown Transit Center, Indiana ............................... 3,500,000 

Intelligent Transportation System for ITP The Rapid, Michigan ..... 600,000 

Intercity Transit Bus Expansion and Replacement, Washington ...... 1,000,000 

Intermodal Facility, JIA, Mississippi ................................................... 2,000,000 

Intermodal Transit Facility for ULM, Louisiana ................................ 1,000,000 

Intermodal Transportation Hub Project, North Carolina .................. 150,000 

Interstate 15 Managed Lanes BRT Capital Purchase, California ..... 1,000,000 

Iowa Statewide buses and bus facilities .............................................. 6,600,000 

Isabella County Transportation Commission Vehicle Replacement, 

Michigan ............................................................................................. 250,000 

989

Jacksonville Transportation Authority, Bus and Bus Facilities, 

Florida ................................................................................................. 1,000,000

Jacobi Transportation Facility, New York ........................................... 800,000 

Jamaica Intermodal Facilities, Queens, New York ............................. 400,000

Jasper Bus Replacement, Alabama ...................................................... 40,000

JATRAN vehicles for disabled and elderly, Mississippi ..................... 250,000

Jefferson City Transit System, Missouri ............................................. 300,000

Jefferson Transit bus purchase, Washington ...................................... 200,000

Jefferson Transit Facilities, Washington ............................................. 1,000,000

Johnson County Nolte Transit Center, Kansas .................................. 250,000

Johnson County Transit Equipment and Transit Coach Improvement, Kansas ...................................................................................... 100,000

Kalamazoo County Human Services Care-A-Van, Michigan ............. 75,000

Kansas City Area Transit Authority buses and bus facilities, Kansas ........................................................................................................ 1,700,000 

Kansas Statewide buses and bus facilities .......................................... 3,000,000 

KCATA buses and bus facilities, Kansas ............................................. 3,000,000 

Kearney RYDE Transit, Nebraska ....................................................... 1,000,000 

Kent State University lntermodal Facility, Ohio ................................ 375,000 

Kentucky Transportation Cabinet/Community Action Groups .......... 400,000 

Key West bus and bus facilities, Florida ............................................. 1,100,000

Kibios Area Transit System (KATS) maintenance facility and vehicles, Oklahoma ................................................................................... 650,000

King County Metro Clean Air Buses, Washington ............................. 5,000,000

Kitsap Transit Bus Replacement, Washington ................................... 1,000,000

Knoxville Electric Transit Intermodal Center, Tennessee ................. 2,000,000

Lake Erie Transit Bus Storage Facility and Maintenance Facility 

Expansion, Michigan .......................................................................... 1,000,000

Lakeland Area Mass Transit District Citrus Connection, Florida .... 550,000

Lane Transit District, BRT Phase II, Coburg Road Phase III, Oregon ..................................................................................................... 2,000,000

Lansing Fixed Route Bus Replacement, ADA Paratransit Small 

Bus Replacement, Maintenance, Administration and Storage Facility Renovation and Expansion, CATA/MSU Bus Way, Rural 

Small Bus Replacement, Michigan ................................................... 1,500,000

Laredo Bus Facility, Texas ................................................................... 850,000

Las Cruces buses and bus facilities, New Mexico ............................... 375,000

Lebanon County Transit Authority, buses and bus related facilities, 

Pennsylvania ...................................................................................... 450,000

Lee County LeeTran Bus Replacement, Florida ................................. 200,000

Leesburg Train Depot Renovation and Restoration, Georgia ............ 300,000

LETS Bus Replacement, Michigan ....................................................... 90,000

Levy County Improvement Project for the Transportation Disadvantaged, Florida ........................................................................... 200,000 

Liberty County COA Bus Facility, Montana ....................................... 50,000 

Lincoln County Transportation, Bus Garage Facility, Oregon .......... 200,000 

Lincoln Park Museum Trolleys, Illinois ............................................... 600,000 

Link Transit Vehicle Replacement, Wenatchee, Washington ............ 800,000 

Livingston County Transportation Center, New York ....................... 400,000 

Long Beach Transit buses and bus facilities, California .................... 1,000,000

Lorain Port Authority Lighthouse Shuttle and Black River Water 

Taxi Project, Ohio .............................................................................. 200,000

Los Angeles County Circulator Buses, California ............................... 400,000

Los Angeles MTA buses, California ..................................................... 4,000,000

Louisiana Statewide buses and bus facilities ...................................... 5,500,000

Lowcountry Regional Transit Authority, South Carolina .................. 300,000

Lowell Regional Transit Authority Gallagher Intermodal Transportation Center, Massachusetts ............................................................ 1,000,000

Lubbock/Citibus Buses, Texas .............................................................. 1,500,000

Ludinton Mass Transportation Authority Bus Facility, Michigan .... 250,000

Macon and Athens Multimodal Station, Georgia ................................ 1,600,000

Macon Multi-Modal Terminal Station, Georgia .................................. 1,500,000

Main Street project for downtown Buffalo, New York ........................ 650,000 

Main Street Station Multimodal Transportation Center, Virginia ... 1,500,000

Maine Statewide buses and bus facilities ............................................ 1,250,000

Mammoth Lakes Bus Purchase, California ......................................... 800,000

Manistee County Transportation, Inc. Replacement Buses, Michigan ....................................................................................................... 30,000

990

Marquette County, Phase II—Transit Administrative, Operations, 

Maintenance & Storage Facility, Michigan ..................................... 1,000,000

MARTA Automated Fare Collection/Smart Card System, Georgia ... 4,000,000

MARTA Buses, Georgia ......................................................................... 6,000,000

Maryland Statewide buses and bus facility ......................................... 7,500,000

Mason County Transportation Authority Capital Improvements, 

Washington ......................................................................................... 200,000

Mecosta Osceola County Area Transit Vehicle Replacement, Michigan ....................................................................................................... 200,000

Medical University of South Carolina Intermodal Facility, South 

Carolina .............................................................................................. 4,000,000

Memphis International Airport Intermodal Facility, Tennessee ....... 2,750,000

Mesa Operating Facility, Arizona ........................................................ 2,000,000

Metro Area Transit (MAT) buses and bus facilities, Omaha, Nebraska .................................................................................................. 2,000,000

Metro Transit buses and bus facilities, Minnesota ............................. 4,400,000

Metro Transit Turn Around at Taylor Landing Park, Washington 40,000

Miami Dade County System Enhancements, Florida ......................... 1,000,000

Miami-Dade County buses, Florida ...................................................... 1,000,000

Michigan Statewide buses and bus facilities ....................................... 1,000,000

Mid County Transit Authority Kittanning, Pennsylvania ................. 400,000

Mid Mon Valley Transit Authority, Charleroi, Pennsylvania ............ 600,000

Minnesota District 8 Transit Vehicles and Transit Bus Facilities .... 800,000

Minnesota Transit buses and bus facilities, Minnesota ..................... 1,672,000

Missouri Bus & Paratransit Vehicles—Rolling Stock ......................... 800,000

Missouri Statewide buses and bus facilities ........................................ 8,000,000

Mobile Waterfront Terminal and Maritime Center of the Gulf, Alabama .................................................................................................... 4,500,000

Modesto Bus Facility, California .......................................................... 1,000,000

Montachusett Area Regional Transit (MART) buses and bus facilities, Massachusetts ............................................................................ 2,000,000

Montclair State University Campus and Community Bus System, 

New Jersey ......................................................................................... 700,000

Monterey-Salinas Transit Buses, California ....................................... 1,500,000

Montgomery Buses, New York ............................................................. 40,000

Morris County Intermodal Facilities and Park & Rides, New Jersey 3,000,000

Mountain Line Bus Replacement and Facility Improvements, Montana ..................................................................................................... 200,000

MTA/Long Island Bus clean fuel cell bus purchase, New York ......... 1,000,000

Mukilteo Lane Park and Ride, Washington ........................................ 1,000,000

Multi-Modal Transportation Facility and Transit System at Oklahoma State University, Oklahoma ................................................... 2,250,000

Muncie Transit System, Indiana .......................................................... 700,000

Myrtle Avenue Business Improvement District’s Myrtle/Wyckoff/

Palmetto Transit Hub Enhancement, New York ............................ 500,000

Myrtle Beach Regional Multimodal Transit Center, South Carolina 200,000

Nacogdoches Vehicle Replacement, Texas ........................................... 800,000

Nashville replacement of aged buses, Tennessee ................................ 500,000

Nassau County, Hub Enhancements, New York ................................ 1,200,000

Nebraska Statewide Rural Automatic Vehicle Locating & Comms. 

System ................................................................................................. 750,000

Nevada Rural Transit Vehicles and Facilities .................................... 500,000

New Castle Transit Authority replacement buses, Pennsylvania ..... 100,000

New Hampshire Statewide buses and bus facilities ........................... 4,500,000

Newark Penn Station Intermodal Improvements, New Jersey ......... 3,000,000

Newton Rapid Transit Handicap Access Improvements, Massachusetts ..................................................................................................... 300,000

Niagra Frontier Transportation Authority Metro buses and bus facilities, New York ............................................................................... 1,600,000

Normal Multimodal Transportation Center and public facilities, Illinois .................................................................................................... 750,000

Norman buses and bus facilities, Oklahoma ....................................... 3,000,000

North Bend Park and Ride, Washington ............................................. 600,000

North Carolina Statewide buses and bus facilities ............................. 6,250,000

North Charleston Regional Intermodal Transportation Center, 

South Carolina ................................................................................... 1,250,000

North Dakota Statewide buses and bus facilities ............................... 3,000,000

North Florida and West Coast Bus Procurement, Florida ................. 4,000,000

991

North Side Transfer Center Brownsville Urban System (BUS), 

Texas ................................................................................................... 350,000

Northern Michigan buses and bus facilities ........................................ 500,000 

Northern Oklahoma Regional Multimodal Transportation System .. 2,500,000

Northwest Corridor Busway, Minnesota ............................................. 3,000,000

Northwest Shoals Community College Transportation Modernization, Alabama ..................................................................................... 450,000

NW 7th Avenue Transit HUB Improvements, Florida ....................... 1,000,000

OATS buses and bus facilities, Missouri ............................................. 1,500,000

Oats Transportation Service of Southwest Missouri .......................... 70,000

Ohio Statewide buses and bus facilities .............................................. 5,000,000

Oklahoma City Buses, Oklahoma ........................................................ 2,250,000

Oklahoma Department of Transportation Transit Programs Division ...................................................................................................... 6,250,000

Old Bridge Intermodal Stations and Park & Rides, New Jersey ...... 500,000

Omnitrans—Paratransit Vehicles, California ..................................... 300,000

Oneont Bus Replacement, New York ................................................... 200,000

Orange Beach Senior Activity Center buses, Alabama ...................... 100,000

Orange County Transit Center Improvements, California ................ 325,000

Orange County Bus Rapid Transit, California .................................... 2,250,000

Orange County Bus Replacement, New York ..................................... 1,250,000

Orange County Fare Collection System, California ............................ 1,000,000

Orange County Inter-County Express Bus Service, California ......... 1,100,000

Over the Road Bus Accessibility, Intercity Bus Accessibility Consortium, New York ............................................................................. 3,000,000

Paducah Area Transit Authority, Kentucky ........................................ 40,000

Palm Beach County and Broward County Regional Buses, Florida 1,000,000

Palm Beach Gardens Mass Transit Bus Shelters, Florida ................. 20,000

Palmdale Intermodal Facility Parking Lot Expansion, California .... 300,000

Palo Alto Intermodal Transit Center, California ................................ 750,000

Paoli Transportation Center, Pennsylvania ........................................ 500,000

Peoria Bus Purchase, Illinois ................................................................ 300,000

Perry County Intermodal Facility, Kentucky ...................................... 2,000,000

Phoenix/Glendale West Valley Operating Facility, Arizona .............. 5,000,000

Phoenix/Regional Heavy Maintenance Facility, Arizona .................... 1,000,000

Piedmont Authority for Regional Transportation (PART) 

multimodal transportation center, North Carolina ......................... 1,100,000

Pierce Transit Maintenance and Operations facility, Washington .... 1,000,000

Pioneer Valley Transit Authority (PVTA) buses, Massachusetts ...... 2,500,000

Pittsburgh Water Taxi, Pennsylvania .................................................. 1,000,000

Pittsfield Intermodal Transportation Center, Massachusetts ........... 615,000

Port Authority of Allegheny County Buses, Pennsylvania ................. 2,750,000

Port Authority of Allegheny County Clean Fuel Buses, Pennsylvania .................................................................................................... 2,280,000

Port McKenzie Intermodal Facility, Alaska ........................................ 1,000,000

Port of Anchorage Intermodal Facility, Alaska ................................... 3,000,000

Portland Bayside Parking Garage/Intermodal Facility, Maine ......... 250,000

Potomac and Rappahannock Transportation Commission, Virginia 500,000

Public Transportation Management, Tyler/Longview, Texas ............ 350,000

Puerto Rico Metropolitan Bus Authority Replacement ...................... 500,000

Pulse Point Joint Development and Safety Improvements, Norwalk, 

Connecticut ......................................................................................... 500,000

Putnam County Transit Coaches for Ride Solutions, Florida ............ 1,200,000

Ray County Transportation vehicle replacement, Missouri ............... 80,000

Red Cross Wheels, Kentucky ................................................................ 80,000

Redondo Beach Catalina Transit Terminal, California ...................... 800,000

Regional Transit Project for Quitman, Clay, Randolph and Stewart 

Counties, Georgia ............................................................................... 500,000

Reseda Boulevard Bus Rapid Transit Project Capital Improvement, 

California ............................................................................................ 250,000

Richmond Highway Public Transportation Initiative, Virginia ......... 3,000,000

RIPTA Buses and Vans, Rhode Island ................................................ 4,000,000

RIPTA Facilities Upgrade, Rhode Island ............................................. 400,000

Riverside Transit Agency, Automatic Traveler Information System 

(ATIS), California ............................................................................... 75,000

Riverside Transit Agency, Bus Rapid Transit Investment, California ................................................................................................... 500,000

Riverside Transit Agency, Transit Center, California ........................ 1,000,000

992

Rochester Central Bus Terminal, New York ....................................... 5,500,000

Rock Island County Mass Transit District (Metrolink) transit facility, Illinois ........................................................................................... 500,000

Rome Intermodal Station Restoration, New York .............................. 1,250,000

Ronstadt Transit Center Modifications, Arizona ................................ 3,000,000

Roseville Multitransit Center, California ............................................ 500,000

RTC Central City Intermodal Transportation Terminal, Las Vegas, 

Nevada ................................................................................................ 500,000

Sacramento Regional Bus Expansion, Enhancement, and Coordination Program, City of Auburn, California ........................................ 100,000

Sacramento Regional Bus Expansion, Enhancement, and Coordination Program, City of Lincoln, California ......................................... 500,000

Sacramento Regional Transit District, Bus Maintenance Facility, 

California ............................................................................................ 500,000

Salem Area Transit, Bus Replacement, Oregon .................................. 600,000

San Antonio VIA Metropolitan Transit buses and bus facilities, 

Texas ................................................................................................... 5,000,000

San Fernando Local Transit System, California ................................. 300,000

San Francisco Muni buses and bus facilities, California ................... 4,000,000

San Joaquin RTD buses and bus facilities, California ....................... 250,000

San Mateo County Transit District Zero-Emission buses, California 900,000

Sanilac County bus facility, Michigan ................................................. 100,000

Santa Barbara Metropolitan Transit District Electric Bus Investment, California ................................................................................. 300,000

Santa Clara Valley Transportation Authority Zero-Emission Buses, 

California ............................................................................................ 300,000

Sawmill Creek Intermodal Facility, Alaska ........................................ 2,000,000

Schlow Library Bus Depot, State College, Pennsylvania ................... 800,000

Schuylkill Transportation System, buses and bus facilities, Pennsylvania ............................................................................................... 1,000,000

Senior Services of Northern Kentucky buses and bus facilities, 

Kentucky ............................................................................................. 250,000

SEPTA Bucks County Intermodal Facility Improvements, Pennsylvania .................................................................................................... 3,500,000

SEPTA Hybrid Buses, Pennsylvania ................................................... 800,000

SEPTA Norristown Intermodal Facility, Pennsylvania ...................... 3,000,000

Shiawassee Transportation Center and replacement buses, Michigan ....................................................................................................... 40,000

Shreveport Intermodal Bus Facility, Louisiana .................................. 700,000

Small Urban and Rural Transit Center, North Dakota ..................... 400,000

Smithtown Senior Citizen Center Bus Replacement, New York ....... 200,000

Snohomish County Community Transit Park and Ride Lot Expansion Program, Washington ................................................................ 2,000,000

Somerset County Transportation System Maintenance Facility, 

Pennsylvania ...................................................................................... 160,000

Sonoma County Transit CNG Buses, California ................................. 500,000

Sound Transit Regional Express Transit Hubs, Washington ............ 2,000,000

South Amboy Regional Intermodal Transportation Initiative, New 

Jersey .................................................................................................. 1,000,000

South Bend TRANSPO Bus Facilities, Indiana .................................. 1,000,000

South Carolina Statewide Transit Facilities Construction Project ... 1,000,000 

South Carolina Statewide Transit Vehicles ........................................ 4,000,000

South Clackamas Transit, Molalla, Oregon ........................................ 100,000

South Dakota Statewide buses and bus facilities ............................... 2,000,000

South East Texas Transit Facility Improvements and Bus Replacements ................................................................................................... 250,000

South San Fernando Valley Park and Ride facility expansion, California ................................................................................................... 300,000

Southeast Arkansas Area Agencies on Aging buses and bus facilities, Arkansas ..................................................................................... 320,000

Southeast Missouri Bus Service Capital Improvements .................... 1,500,000

Southern and Eastern Kentucky buses and bus facilities .................. 1,550,000

Southern Maryland Commuter Bus Initiative .................................... 4,500,000

Southern Minnesota Transit Facilities ................................................ 30,000

Southern Minnesota Transit Vehicles .................................................. 375,000

Southwest Missouri State University Transfer Facility, Missouri .... 2,500,000

Sparks and Reno Bus and Bus Facilities, Nevada .............................. 150,000

Spring Valley Multi-Modal Center, California .................................... 600,000

993

Springfield Bus Purchase, Illinois ........................................................ 300,000

Springfield Station, Oregon .................................................................. 4,000,000

Springfield Union Station Intermodal facility redevelopment, Massachusetts ........................................................................................... 4,500,000

St. Augustine Intermodal Transportation and Parking Facility, 

Florida ................................................................................................. 550,000

St. Bernard Parish Intermodal Facilities, Louisiana ......................... 500,000

St. Cloud Buses, Minnesota .................................................................. 100,000

St. George Ferry Terminal Reconstruction, New York ....................... 2,250,000

St. Johns County Council on Aging Administrative Facility, Florida 200,000

St. Johns County Council on Aging Passenger Amenities, Florida 40,000

St. Johns County Council on Aging Transit Coaches, Florida ........... 350,000

St. Joseph County Transit, Michigan .................................................. 35,000

St. Louis Downtown Shuttle/Trolley Equipment, Missouri ................ 250,000

St. Louis METRO buses and bus facilities, Missouri ......................... 1,250,000

St. Tammany Park and Ride, Louisiana ............................................. 400,000

Suburban Mobility Authority for Regional Transportation (SMART) 

buses and bus facilities, Michigan .................................................... 4,500,000

Suffolk County Transit Buses, New York ............................................ 1,900,000

SunLine Transit Agency Clean Fuels Mall Facility and Hydrogen 

Infrastructure Expansion, California ............................................... 450,000

TalTran buses and bus facilities, Florida ............................................ 700,000

TalTran Intermodal Facility, Florida ................................................... 500,000

Temecula Transit Center, California ................................................... 800,000

Tempe Downtown Transit Center, Arizona ......................................... 500,000

Tempe/Scottsdale East Valley Facilities, Arizona ............................... 4,000,000

Tennessee Statewide buses and bus facilities ..................................... 6,500,000

Terminal Station Multi-Modal Roof Rehabilitation, Georgia ............. 338,000

The Banks Intermodal Facility, Cincinnati, Ohio ............................... 3,500,000 

The District-Bryan Intermodal Transit Terminal/Parking Facility 

& Pedestrian Improvements, Texas ................................................. 400,000 

The Woodlands Capital Costs, Texas ................................................... 350,000 

The Woodlands Park and Ride Expansion, Texas .............................. 275,000

Tillamook County Transit, Maintenance Facility, Oregon ................. 200,000

Tompkins County Bus Facilities, New York ....................................... 400,000

Topeka Transit buses and bus facilities, Kansas ................................ 500,000

Transit Authority of Northern Kentucky Bus Replacement, Kentucky .................................................................................................... 2,000,000

Transit Authority of River City buses and bus facilities, Kentucky 2,500,000 

Transit Authority of Warren County Intermodal Bus Facility, 

Pennsylvania ...................................................................................... 1,500,000 

Transit First Implementation, Chula Vista, California ..................... 400,000 

Transportation Authority of the River City (TARC) bus/trolley replacement, Kentucky ......................................................................... 2,500,000

Transportation Authority of the River City (TARC) expansion facility, Kentucky ...................................................................................... 800,000

Trenton Intermodal Station, New Jersey ............................................ 750,000

Tri-Met Regional Bus Replacement, Oregon ....................................... 650,000

Troy State University Bus Shuttle Program, Troy, Alabama ............ 1,500,000 

Truckee Replacement Buses, California .............................................. 75,000

Tucson Alternative Fuel Replacement Buses, Arizona ....................... 3,600,000

Tulsa Transit Bus Replacement Program, Oklahoma ........................ 4,500,000

Tulsa Transit Paratransit Buses, Oklahoma ...................................... 750,000

UCHRA Capital Improvements, Tennessee ........................................ 600,000

Ulster County Area Transit Buses, New York .................................... 40,000

UNI Multimodal Project, Iowa ............................................................. 3,500,000 

Unified Government of Kansas City bus replacement, Kansas ......... 350,000

Union County Union/Snyder Transportation Alliance (USTA), 

Pennsylvania ...................................................................................... 500,000 

Union Depot Multi-modal Transportation Hub, Minnesota ............... 750,000 

Union Station Renovations, Utica, New York ..................................... 750,000

University of Delaware Fuel Cell Bus Project, Delaware .................. 1,750,000

UTA Transit ITS, Upgrades, Utah ....................................................... 250,000

Utah Statewide buses and bus facilities .............................................. 6,000,000 

Utah Statewide Intermodal Centers .................................................... 4,000,000

VanBuren Public Transit, Michigan .................................................... 18,000

Ventura County CNG Fueling Station and Facility Pavement Replacement, California ......................................................................... 400,000

994

Vermont Alternative Fuel Station and Buses, Vermont .................... 500,000

Vermont, Bus Upgrades ........................................................................ 800,000

Village of Pleasantville, Handicapped Ramp, New York .................... 48,000

Village of Pleasantville, Memorial Plaza, New York .......................... 200,000

Virgin Islands Transit (VITRAN) Buses .............................................. 500,000 

Visalia Bus Operations and Maintenance Facility, California .......... 1,000,000 

VOTRAN Public Transit System Buses, Florida ................................ 750,000

Washington State Small Bus System Program of Projects ................ 3,799,000

West Palm Beach Trolley Buses, Florida ............................................ 800,000

West Side Transit Facility Albuquerque Transit Department, New 

Mexico ................................................................................................. 2,000,000 

West Virginia Statewide buses and bus facilities ............................... 4,000,000 

Westchester County Bee Line Bus Replacement, New York ............. 2,750,000 

Western Gateway Transportation Center Intermodal Facility, Schenectady, New York ............................................................................. 400,000 

Western Kentucky University Bus Shuttle System, Kentucky ......... 2,500,000 

Westmoreland County Transit Authority (WCTA) Bus Replacement, Pennsylvania ............................................................................ 900,000 

Whitehall Inter-Modal Terminal of the Staten Island Ferry Reconstruction, New York ........................................................................... 800,000

Wilsonville Park and Ride, Oregon ...................................................... 300,000

Winston-Salem Union Station, North Carolina .................................. 1,300,000

Winter Haven Transit Terminal, Florida ............................................ 350,000

Wisconsin, Statewide buses and bus facilities .................................... 15,000,000 

WMATA Bus Fleet, Washington, DC ................................................... 750,000

WMATA Buses, Maryland .................................................................... 600,000

Wright Stop Plaza, Dayton, Ohio ......................................................... 1,500,000

Wyandanch Intermodal Transit Facility, New York .......................... 400,000 

Wyoming Statewide buses and bus facilities ....................................... 2,000,000

York County Transit Authority (YCTA) buses and bus facilities, 

Pennsylvania ...................................................................................... 100,000 

Zanesville Bus System Improvements, Ohio ....................................... 20,000

San Dieguito Transportation Cooperative, California.—

Amounts made available from fiscal year 2002 for the San Dieguito 

Transportation Cooperative, California, shall instead be distributed 

to the North County Transit District, California, for initial design 

and planning for a new intermodal center, as proposed by the 

House. 

Cambria County, Pennsylvania.—Amounts made available 

from fiscal year 2003 for the Cambria County operations and maintenance facility, Pennsylvania, shall be distributed to the Johnstown Inclined Plane visitor’s center, Pennsylvania, as proposed by 

the House. 

Hollister-Gilroy Caltrain Extension Project, California.—

Amounts made available from fiscal year 2001 for the HollisterGilroy Caltrain Extension Project, California, shall be distributed 

to the Caltrain San Francisco-San Jose-Gilroy service to Pajoar, 

Castroville, and Salinas in Monterey County, California, as proposed by the House. 

Somerset County, Pennsylvania.—Amounts made available 

from fiscal year 2002 for the Somerset County Transportation System buses, Pennsylvania, shall be distributed to Somerset County 

Accessible Raised Roof Vans ($90,000) and to Somerset County bus 

and bus facilities ($146,000), Pennsylvania, as proposed by the 

House. 

Community Medical Centers, California.—Amounts made 

available from fiscal year 2001 for the Community Medical Centers 

Intermodal Facility, Fresno, California, shall be available for the 

City of Fresno for the same project, as proposed by the House. The 

availability of funds is extended for one year. 

995

Illinois statewide buses.—The conference agreement provides 

$7,000,000 to the Illinois Department of Transportation (IDOT) for 

bus and bus facilities grants. The conferees expect IDOT to provide 

at least $3,500,000 for downtown Illinois replacement of buses in 

Bloomington, Champaign-Urbana, Decatur, Madison County, Peoria, Quincy, RIDES, River Valley, Rockford, Rock Island, South 

Central Illinois MTD, and Springfield. Further, the conferees expect IDOT to provide appropriate funds for bus facilities in Bloomington, Galesburg, Rock Island, and Metro Link’s bus maintenance 

facility in St. Clair County. 

Washington statewide small transit systems, bus and bus facilities.—The conference agreement provides $3,799,000 to the Washington State Department of Transportation (WSDOT) for bus and 

bus facilities grants. The conferees expect WSDOT to fund the following projects: (1) $688,000 Clallam Transit; (2) $103,000 Columbia County Public Transportation (CCPT); (3) $144,000 Grays Harbor Transportation Authority; (4) $1,094,000 Island Transit; (5) 

$416,000 Jefferson Transit; (6) $480,000 Mason County Transportation Authority; (7) $88,000 Pullman Transit; (8) $108,000 Twin 

Transit; and (9) $708,000 Valley Transit, as proposed by the Senate. 

Civil Rights Trail Trolleys.—Amounts made available in fiscal 

year 2001 for the Montgomery Civil Rights Trail Trolleys shall instead be distributed to the City of Montgomery’s Rosa Parks bus 

project, as proposed by the Senate. The availability of funds is extended for one year. 

Vermont buses.—Amounts made available in fiscal year 2001 

for Central Vermont Transit Authority Wheels Transportation 

Services shall be distributed to the Vermont Agency of Transportation, as proposed by the Senate. The availability of funds is extended for one year. 

Reno, Nevada, bus projects.—Amounts made available for Bus 

Rapid Transit, South Virginia Street—Reno ($1,950,000, fiscal year 

2003) and Reno Suburban transit coaches ($500,000, fiscal year 

2002) shall be made available for Reno/Sparks intermodal transportation terminals, as proposed by the Senate. 

Falls Church Bus Rapid Transit terminus, Virginia.—Funds 

made available for Falls Church Bus Rapid Transit terminus, Virginia, for fiscal year 2001 shall be made available to the City of 

Falls Church to purchase three 30-foot buses to provide shuttle 

service from temporary parking lots during the construction of a 

parking garage at the West Falls Church Metrorail station. Once 

the garage is completed, the buses will be used to provide feeder 

service to the West Falls Church Metrorail station. The availability 

of funds is extended for one year. 

Eastchester, Metro North Facilities, New York.—Amounts made 

available in fiscal year 2001 for Eastchester, Metro North Facilities, New York shall instead be distributed to the Bronx Zoo Intermodal Transportation Facility, New York. The availability of funds 

is extended for one year. 

Westbrook, Intermodal Facility, Maine.—Amounts made available in fiscal year 2003 for Westbrook, Intermodal Facility, Maine 

shall instead be distributed to State of Maine, Statewide Buses. 

996

NEW STARTS

New starts.—The conference agreement provides $1,323,794,000, for new fixed guideway systems. In addition, funds 

made available for new starts are to be supplemented with 

$4,514,482 from reallocated projects included in the fiscal year 

2000 and 2001 Appropriations Acts under ‘‘Federal Transit Administration, job access and reverse commute grants’’. 

Alternatives analysis review.—The conferees are concerned that 

sufficient weight and review are not being given to the earliest 

stage of new starts projects, namely the alternatives analysis undertaken by local communities. Therefore, the conferees direct FTA 

to ensure that alternative modes and/or alignments analyzed as 

part of the metropolitan planning process fully support the selection of projects forwarded to FTA for proposed new starts funding. 

Specifically, the alternatives analysis made by applicants must 

fully weigh viable alternatives and ensure that quantitative measures are used in choosing the locally preferred alternative. The conferees direct FTA to report to the House and Senate Committees 

on Appropriations on how the agency will undertake this direction, 

as well as recommendations, that include statutory changes if necessary, for improving the alternatives analysis process to improve 

planning at the onset. The report is due by March 1, 2004. 

Ratings for new starts criteria.—The conferees are also concerned that FTA may have changed their new starts ratings criteria, specifically the new ‘‘time savings per rider’’ measure, hastily. Therefore, the conferees direct FTA to revisit the issue of the 

abolition of the ‘‘cost-per-new-rider’’ measure. FTA shall report to 

the House and Senate Committees on Appropriations on the justification for the elimination of that rating, as well as the reasoning 

for the new ‘‘time savings per rider’’ implementation. 

Within this report, FTA should also detail other characteristics 

that may be useful in evaluating new start projects, particularly 

traffic congestion relief. FTA should include suggestions for how 

these criteria could be quantitatively measured and rated in the 

annual new starts report. This report shall be submitted to the 

House and Senate Committees on Appropriations by February 16, 

2004. 

The conference agreement provides for the following distribution of funding for new fixed guideway systems:

Atlanta, Georgia, Northwest Corridor BRT ......................................... $2,149,413

Baltimore, Maryland, Central Light Rail Double Track Project ....... 40,000,000

BART San Francisco Airport (SFO), California, Extension Project 100,000,000

Birmingham—Transit Corridor, Alabama ........................................... 3,500,000

Boston, Massachusetts, Silver Line Phase III ..................................... 2,000,000

Charlotte, North Carolina, South Corridor Light Rail Project .......... 12,000,000

Chicago, Illinois, Metro Commuter Rail Expansions and Extensions 52,000,000

Chicago, Illinois, Ravenswood Reconstruction .................................... 10,000,000

Chicago, Illinois, Transit Authority, Douglas Branch Reconstruction ...................................................................................................... 85,000,000

Cleveland, Ohio, Euclid Corridor Transportation Project .................. 11,000,000

Dallas, Texas, North Central Light Rail Extension ............................ 30,161,283

Denver, Colorado, Southeast Corridor LRT (T–REX) ......................... 80,000,000

East Side Access Project, New York, Phase I ...................................... 75,000,000

Ft. Lauderdale, Florida, Tri-Rail Commuter Project .......................... 18,410,000

Hawaii and Alaska Ferry Boats ........................................................... 10,296,000

Houston Advanced Metro Transit Plan, Texas ................................... 8,000,000

Integrated Intermodal project, Rhode Island ...................................... 3,000,000

997

Kenosha-Racine-Milwaukee Commuter Rail Extension, Wisconsin .. 3,250,000

Las Vegas, Nevada, Resort Corridor Fixed Guideway, MOS ............. 20,000,000

Little Rock, Arkansas, River Rail Streetcar Project ........................... 3,000,000

Maine Marine Highway ........................................................................ 1,550,000

Memphis, Tennessee, Medical Center Rail Extension ........................ 9,247,588

Minneapolis, Minnesota, Hiawatha Corridor Light Rail Transit 

(LRT) ................................................................................................... 74,980,000

Minneapolis, Minnesota, Northstar Corridor Rail Project ................. 5,750,000

New Orleans, Louisiana, Canal Street Streetcar Project ................... 23,291,373

New York, Second Avenue Subway ...................................................... 2,000,000

Newark, New Jersey, Rail Link (NERL) MOS1 .................................. 22,566,022

Northern Oklahoma Regional Multimodal Transportation System .. 3,000,000

Northern, New Jersey, Hudson-Bergen Light Rail (MOS2) ............... 100,000,000

Phase II, LA to Pasadena Metro Gold Line Light Rail Project ......... 4,000,000

Philadelphia, Pennsylvania, Schuylkill Valley Metro ........................ 14,000,000

Phoenix, Arizona, Central Phoenix/East Valley Light Rail Transit 

Project ................................................................................................. 13,000,000

Pittsburgh, Pennsylvania, North Shore Connector ............................. 10,000,000

Pittsburgh, Pennsylvania, Stage II Light Rail Transit Reconstruction ...................................................................................................... 32,243,442

Portland, Oregon, Interstate MAX Light Rail Extension ................... 77,500,000

Raleigh, North Carolina, Triangle Transit Authority Regional Rail 

Project ................................................................................................. 5,500,000

Regional Commuter Rail (Weber County to Salt Lake City), Utah 9,000,000 

Salt Lake City, Utah, Medical Center LRT Extension ....................... 30,663,361

San Diego, California, Mission Valley East Light Rail Transit Extension ................................................................................................. 65,000,000

San Diego, California, Oceanside-Escondido Rail Project .................. 48,000,000

San Francisco, California Muni Third Street Light Rail Project ....... 9,000,000

San Jose, California, Silicon Valley Rapid Transit Corridor ............. 2,000,000

Scranton, Pennsylvania, NY City Rail Service ................................... 2,500,000

Seattle, Washington, South Transit Central Link Initial Segment 75,000,000

South Shore Commuter Rail Service capacity enhancement, Indiana ....................................................................................................... 1,000,000

Stamford, Connecticut, Urban Transitway & Intermodal Transportation Center Improvements ............................................................. 4,000,000

Tren Urbano Rapid Transit System, San Juan, Puerto Rico ............. 20,000,000

VRE Parking Improvements, Virginia ................................................. 3,000,000

Washington, DC/VA Dulles Corridor Rapid Transit Project .............. 20,000,000

Washington, DC/MD, Largo Extension ................................................ 65,000,000

Western North Carolina Rail Passenger Service ................................ 1,000,000

Wilmington, Delaware, Train Station Improvements ......................... 1,500,000

Wilsonville to Beaverton, Oregon, Commuter Rail ............................. 3,250,000

Yarmouth to Auburn Line, Maine ........................................................ 1,000,000

VRE Parking Improvements, Virginia.—The conference agreement includes $3,000,000 for VRE Parking Improvements in Virginia. The conferees direct that of the funds provided, not less than 

$1,250,000 shall be for improvements to the Manassas Old Town 

VRE Parking Center, Virginia.

Utah program of projects.—The conference agreement includes 

a provision (Section 171) that amends the Federal Transit Act of 

1998 (Public Law 105–178; 112 Stat. 338) by creating section 3042, 

which provides for the coordinated development and governmental 

funding for Utah transportation projects. Subsection (a) directs 

FTA and FHWA to work with the Utah Transit Authority and the 

Utah Department of Transportation to coordinate preconstruction 

and construction of the regional commuter rail project and the 

northern segment of I–15 reconstruction located in the Wasatch 

Front corridor extending from Brigham City to Payson, Utah. Subsection (b) defines a program of related projects for purposes of determining and allocating the governmental and nongovernmental 

share of project costs. This subsection permits federal funds that 

998

may remain after completion of the Medical Center Extension to be 

allocated to a vehicle and storage track extending from the Delta 

Center; permits use of the value of the purchase of the regional 

commuter rail right-of-way from Brigham City to Payson, Utah, to 

be used for the nongovernmental share of the Weber County to Salt 

Lake City segment; permits the purchase and rehabilitation of rail 

vehicles with non-governmental funds for use on one project to be 

counted toward the nongovernmental share of another project; and 

permits crediting non-matched funding for the northern segment of 

I–15 reconstruction to the non-governmental share of the regional 

commuter rail project. 

JOB ACCESS AND REVERSE COMMUTE GRANTS

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement includes a total program level of 

$125,000,000 for job access and reverse commute grants, as proposed by the Senate. Within this total, $25,000,000 is derived from 

the general fund. Within the funds provided, $20,000,000 is transferred and merged with funding under ‘‘Federal Transit Administration, capital investment grants’’. The conference agreement includes a provision that provides that up to $300,000 of the funds 

appropriated under this heading may be used for technical assistance, technical support, and performance reviews of the job access 

and reverse commute grants program, as proposed by the Senate. 

Funds appropriated for the job access and reverse commute 

grants program are to be distributed as follows:

AC Transit CALWorks Welfare to Work, California .......................... $1,499,000 

Access to Healthcare for Children—Children’s Health Fund, Tennessee .................................................................................................. 375,000

ADA Mobility Planning, Wichita, Kansas ........................................... 365,000 

Akron Metro Regional Transit Authority Job Access and Reverse 

Commute Program, Ohio ................................................................... 300,000

Alabama Disabilities Advocacy Program (ADA) Rural Transportation Services, Alabama ................................................................... 500,000

Bay Area Transit, Virginia ................................................................... 200,000

Bedford Ride, Virginia ........................................................................... 60,000

Bowling Green Housing Authority Reverse Access Commute, Kentucky .................................................................................................... 300,000

Broome County Transit, New York ...................................................... 100,000

Capital District Transportation Authority JARC, New York ............ 500,000

Central New York Regional Transportation Authority JARC ........... 400,000 

Central Ohio Transit Authority JARC, Ohio ....................................... 500,000

Chatham Area Transit Job Access Reverse Commute (JARC), Georgia ........................................................................................................ 1,000,000 

Chautauqua County Job Access/Reverse Commute Project, New 

York ..................................................................................................... 100,000

Cheyenne River Sioux Tribe Public Bus System, South Dakota ....... 250,000 

Chittenden County Transportation Authority JARC Program, 

Vermont .............................................................................................. 250,000

City of Hornell Job Access & Reverse Commute Program, New 

York ..................................................................................................... 100,000 

City of Irwindale Senior Transportation Services, California ............ 65,000

City of Poughkeepsie Underserved Population Bus Service, New 

York ..................................................................................................... 100,000

CityLink public transportation services, Texas .................................. 100,000

Community Transportation Association of America’s National 

Joblinks Program ............................................................................... 2,500,000

Connecticut Statewide JARC ................................................................ 3,250,000

Corpus Christi Welfare to Work Project, Texas .................................. 376,000

999

Craig Transit Service JARC Program, Alaska .................................... 50,000

Delaware Statewide Welfare to Work .................................................. 750,000

Detroit Job Access Reverse Commute, Michigan ................................ 1,600,000 

Easter Seals West Alabama JARC Program, Alabama ...................... 1,000,000 

El Paso Sun Metro Job Access, Texas .................................................. 775,000 

Essex County Job Access/Reverse Commute Project, New York ....... 100,000 

Flint Transit Job Access-Reverse Commute Program, Michigan ...... 750,000 

Fort Smith Transit Job Access/Reverse Commute Program, Arkansas ........................................................................................................ 200,000 

Franklin County Job Access/Reverse Commute Project, New York 200,000 

Galveston Job Access Reverse Commute Program, Texas ................. 475,000 

Georgetown, Washington, DC—Metro Connection ............................. 1,000,000

Grand Rapids/Kent County JARC, Michigan ...................................... 1,200,000

Greater Cleveland Regional Transit Authority JARC Program, 

Ohio ..................................................................................................... 750,000

Guaranteed Ride Home, Santa Clarita, California ............................. 400,000

Holyoke Community Access to Employment and Adult Education, 

Massachusetts .................................................................................... 75,000 

I–405 Congestion Relief Project, Washington ..................................... 2,000,000 

Illinois Statewide JARC ........................................................................ 200,000

IndyGo IndyFlex Job Access and Reverse Commute Program, Indiana ....................................................................................................... 750,000

Iowa Statewide JARC ............................................................................ 1,000,000

Jackson-Josephine JARC, Oregon ........................................................ 200,000

Jacksonville Transportation Authority, Community Transportation 

Coordinator Program, Florida ........................................................... 3,000,000

JARC MidAmerica Regional Council, Johnson County, Kansas ........ 500,000

Jefferson County Job Access and Reverse Commute Projects, Alabama .................................................................................................... 3,000,000

Kansas City Job Access Partnership, Missouri ................................... 500,000

Key West, Florida, Job Access and Reverse Commute ....................... 500,000

Knox County Community Action Committee Transportation Program, Tennessee ................................................................................. 400,000

Knoxville Area Transit Job Access Service, Tennessee ...................... 550,000

Lake Tahoe Public Transit Services JARC Project, Nevada .............. 100,000

Link Transit JARC Program, Wenatchee, Washington ...................... 500,000

Lubbock Citibus Job Access Reverse Commute, Texas ...................... 230,000

Maine Statewide JARC ......................................................................... 494,000

Maricopa Association of Governments Job Access/Reverse Commute 

Grant Projects, Arizona ..................................................................... 1,750,000

Maryland Statewide JARC ................................................................... 4,000,000

MASCOT Matanuska-Susitna Valley JARC Project, Alaska ............. 200,000 

Mendocino Transit Authority Job Access Reverse Commute, California ................................................................................................... 100,000 

Metro Link San Bernadino Platform Extension, California .............. 1,000,000

Metropolitan Access to Job Initiative, Fargo, North Dakota, and 

Moorhead, Minnesota ........................................................................ 100,000

Metropolitan Council Job Access, Minnesota ...................................... 500,000

Missouri Statewide JARC ..................................................................... 4,000,000

Mobility Coalition, Alaska .................................................................... 500,000

Monroe County Job Access and Reverse Commute Program, Tennessee .................................................................................................. 100,000

MTA Long Island Bus Job Access and Reverse Commute Project, 

New York ............................................................................................ 250,000 

Nevada Statewide small urban and rural Job Access and Reverse 

Commute ............................................................................................. 400,000 

New Jersey Community Development Corporation Transportation 

Opportunity Center, Paterson, New Jersey ..................................... 300,000 

New Jersey Statewide JARC ................................................................ 4,750,000 

New Mexico Statewide JARC ............................................................... 600,000 

New York Statewide JARC ................................................................... 1,000,000

Niles/Trumbull Transit, Ohio ............................................................... 200,000

North Country County Consortium, New York ................................... 5,000,000

North Oakland Transportation Authority, Michigan ......................... 150,000

North Pole Transit System JARC Program, Alaska ........................... 75,000

Oklahoma Statewide JARC .................................................................. 6,000,000

Oneida/Herkimer County Job Access/Reverse Commute Project, 

New York ............................................................................................ 100,000

1000

Operation Ride DuPage, DuPage County, Illinois .............................. 500,000

Orange County JARC, New York ......................................................... 100,000

Pioneer Valley Access to Jobs and Reverse Commute Program, 

Massachusetts .................................................................................... 455,000

Port Authority of Allegheny County JARC, Pennsylvania ................. 3,644,000 

Portland Region Jobs Access-Reverse Commute, Oregon .................. 500,000

Ray Graham Association for People With Disabilities, Illinois ......... 125,000

Rhode Island Statewide JARC .............................................................. 1,412,000

Rochester-Genesee Regional Transportation Authority JARC, New 

York ..................................................................................................... 750,000 

Sacramento Region Job Access and Reverse Commute Project, California ................................................................................................... 1,500,000

Salem Area Transit JARC, Oregon ...................................................... 400,000

San Antonio VIA Metropolitan Transit Authority JARC, Texas ....... 550,000

SEPTA JARC Program, Pennsylvania ................................................. 4,500,000

Seward Transit Service JARC Program, Alaska ................................. 200,000

Sitka Community RIDE, Alaska .......................................................... 600,000 

South East Texas Transit Facility Improvements and Bus Replacements ................................................................................................... 300,000

Tennessee Statewide JARC .................................................................. 5,750,000

Texas Colonias JARC Initiative ........................................................... 2,400,000

Toledo Job Access/Reverse Commute, Ohio ......................................... 350,000

Tompkins Consolidated Area Transit, New York ............................... 75,000

Topeka Metropolitan Transit Authority JARC, Kansas ..................... 700,000

Ulster County Area Transit Rural Feeder Service, New York .......... 50,000

Unified Government of Wyandotte County JARC, Kansas ................ 1,375,000

Vanpooling Enhancement and Expansion Project, Washington ........ 750,000 

Vehicle Trip Reduction Incentives, Washington ................................. 1,000,000 

Virginia Beach Paratransit Services, Virginia .................................... 200,000 

Virginia Regional Transportation Association .................................... 200,000 

Virginia Statewide Ways to Work ........................................................ 1,000,000

VoxLinx Voice-Enabled Transit Trip Planner, Maryland .................. 1,300,000 

Washington Metropolitan Area Transit Authority JARC .................. 1,000,000

Washington State Transit car-sharing job access ............................... 500,000

Ways to Work, California ...................................................................... 1,000,000

Ways to Work, Tarrant County, Texas ................................................ 300,000

West Memphis Transit Service, Arkansas ........................................... 250,000

West Virginia Statewide JARC ............................................................ 1,000,000

Wisconsin Statewide JARC ................................................................... 2,600,000

Worcester Regional Transit Authority JARC Projects, Massachusetts ..................................................................................................... 150,000

GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

The conference agreement includes a provision (Section 160) 

exempting previously made transit obligations from limitations on 

obligations. 

The conference agreement includes a provision (Section 161) allowing funds for discretionary grants of the Federal Transit Administration for specific projects, except for fixed guideway modernization projects, not obligated by September 30, 2005, and other recoveries, to be used for other projects under 49 U.S.C. 5309, as proposed by both the House and Senate. 

The conference agreement includes a provision (Section 162) allowing transit funds appropriated before October 2, 2002, that remain available for expenditure to be transferred, as proposed by 

both the House and Senate. 

The conference agreement deletes a provision included in the 

House bill prohibiting funds for a light rail system in Houston, 

Texas. 

The conference agreement includes a provision (Section 163) 

permitting funds made available to Alaska or Hawaii for ferryVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01004 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1001

boats, ferry terminals, and ferry passenger service, and limits to 

$3,000,000 the amount available to the state of Hawaii to initiate 

and operate passenger ferryboat service demonstration projects to 

test the viability of different intra-island and inter-island ferry boat 

rates and technology, as proposed by the Senate. 

The conference agreement includes a provision (Section 164) allowing the Roaring Fork Transportation Authority, Colorado, to expend previously appropriated funds on the Roaring Fork Valley 

Bus Rapid Transit project, as proposed by both the House and Senate. 

The conference agreement includes a provision (Section 165) allowing unobligated previously appropriated new starts funds to be 

spent notwithstanding any other provision of law, as proposed by 

the Senate. 

The conference agreement includes a provision (Section 166) 

establishing a pooled procurement pilot program for bus procurements, as proposed by the Senate. 

The conference agreement includes a provision (Section 167) allowing previously appropriated new starts funds for Yosemite, California, to be obligated for buses or bus facilities, as proposed by the 

Senate. 

The conference agreement includes a provision (Section 168) 

modifying the calculation of the non-New Starts share of funding 

for the San Francisco Muni Third Street Light Rail Project, as proposed by both the House and Senate, and states that if the new calculation is still a ‘‘not recommended rating’’, funds provided may 

not be obligated, as proposed by the House. 

The conference agreement includes a provision (Section 169) allowing previously appropriated new start funds for Cleveland 

Berea Red Line to be used for the Euclid Corridor Transportation 

Project, as proposed by the Senate. 

The conference agreement includes a provision (Section 170) allowing job access and reverse commute funds designated to the 

Community Transportation Association of America (CTAA) in the 

conference report accompanying the fiscal year 2003 Department of 

Transportation Appropriations Act to be available to CTAA for authorized JARC projects or activities implemented in the United 

States. 

The conference agreement includes a provision (Section 171) 

amending the Federal Transit Act of 1998 (Public Law 105–178; 

112 Stat. 338) providing for the coordinated development and governmental funding for Utah transportation projects. 

The conference agreement includes a provision (Section 172) 

modifying the Federal share for the Charleston Area Regional 

Transportation Authority under 49 U.S.C. 5307, as proposed by the 

Senate. 

The conference agreement includes a provision (Section 173) allowing the Pennsylvania Cumberland/Dauphin County Corridor I 

to be an eligible recipient for activities under 49 U.S.C. 5307 and 

5309, as proposed by the Senate. 

The conference agreement includes a provision (Section 174) 

providing funding for the Memphis Medical Center light rail extension project, as proposed by the Senate. 

1002

The conference agreement includes a provision (Section 175) allowing the Memphis-Shelby International Airport intermodal facility to be eligible under ‘‘Federal Transit Administration, bus and 

bus facilities’’, as proposed by the Senate. 

The conference agreement includes a provision (Section 176) allowing specific funds made available under the heading ‘‘Federal 

Transit Administration, Formula Grants’’ for fiscal year 2004 to be 

available to a transit provider that operates 25 or fewer vehicles 

in an urbanized area with a population of at least 200,000 to finance the transit operating costs of equipment and facilities for 

services to elderly and persons with disabilities, not to exceed 

$10,000,000 annually. 

The conference agreement includes a provision (Section 177) 

prohibiting Federal transit grantees from obligating or expending 

funds that would otherwise be available in the Act, if the grantee 

is involved directly or indirectly with any activity, including displaying or permitting to be displayed advertisements on its land, 

equipment, or in its facilities, that promotes the legalization or 

medical use of substances listed in schedule I of section 202 of the 

Controlled Substance Act. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

The conference agreement includes $14,400,000 for the Operations and Maintenance of the Saint Lawrence Seaway Development Corporation as proposed by the Senate. 

Capital Improvements.—The conferees are concerned about the 

material condition of the U.S. Seaway lock infrastructure, which is 

nearly 50 years old. Given the single-lock configuration of the system, the conferees are concerned about the potential impact of diminished structural integrity of the U.S. locks upon system availability. The conferees direct the Corporation to examine the capital 

improvement needs of the Corporation including the need for replacing concrete at the locks. The Corporation is encouraged to develop a long-term capital improvement plan and present this to the 

House and Senate Committees on Appropriations along with the officially submitted budget justification for fiscal year 2005. 

MARITIME ADMINISTRATION 

MARITIME SECURITY PROGRAM

The conference agreement includes $98,700,000 for the Maritime Security Program as proposed by the House and Senate. 

OPERATIONS AND TRAINING

The conference agreement includes $106,997,000 for MARAD’s 

Operations and Training account, instead of $105,879,000 as proposed by the House and $106,000,000 as proposed by the Senate. 

The conference agreement allocates the funds for Operations and 

Training as follows:

1003

Activity Administration

request 

Conference

agreement1

U.S. Merchant Marine Academy: 

Salary and benefits ................................................................................................ $20,981 $23,600 

Midshipmen program .............................................................................................. 6,274 6,274 

Instructional program ............................................................................................. 3,431 3,431 

Program direction and administration ................................................................... 2,931 2,931 

Maintenance, repair, & operating requirements .................................................... 6,298 6,298 

Capital improvements ............................................................................................ 13,000 13,500 

Subtotal, USMMA ................................................................................................ 52,915 56,034 

State Maritime Schools: 

Student incentive payments ................................................................................... 1,200 1,200 

Direct schoolship payments ................................................................................... 1,200 1,200 

Schoolship maintenance and repair ...................................................................... 7,063 8,063 

Subtotal, State Maritime Academies ................................................................. 9,463 10,463 

MARAD Operations: 

Base operations ...................................................................................................... 37,425 36,000 

Strategic ports evaluation and provision ............................................................... 0 500 

Enterprise architecture & IT security upgrades ..................................................... 4,597 3,000 

Marine security professional training .................................................................... 0 1,000 

Subtotal, MARAD Operations .............................................................................. 42,022 40,500

Subtotal, Operations and Training .................................................................... 104,400 106,997 

Base Ops Breakout.—The conferees direct MARAD to comprehensively delineate the antecedent line item elements, along 

with their associated, requested funding levels, that encompass 

Base Operations within future, officially submitted budget justifications to the House and Senate Committees on Appropriations. 

USMMA Salaries and Benefits.—Of the total provided for this 

purpose, the conferees direct MARAD to devote at least $1,600,000 

to be used to alleviate some of the vacant, personnel positions that 

are essential to the core mission of the Academy. 

USMMA Capital Improvements.—The conferees direct MARAD 

to submit an updated addendum to the ten-year capital improvement plan for the United States Merchant Marine Academy no 

later than ninety days after enactment of this Act that adjusts the 

original cost projections as per the revised scope of work remaining 

to be completed. 

SMS Schoolship M&R.—The conferees encourage MARAD to 

follow the distribution of funds for Schoolship Maintenance and Repair as delineated within the fiscal year 2004 budget justification. 

Maritime Security Professional Training.—In support of Section 109 of the Maritime Transportation Security Act, the conference agreement includes a one-time appropriation of $1,000,000 

to initiate maritime security training for any federal, state, local, 

and private law enforcement or security personnel as proposed by 

the House. The conferees expect MARAD to coordinate with the 

state maritime academies, the U.S. Merchant Marine Academy, 

and the Appalachian Transportation Institute in the facilitation of 

this training. Furthermore, the conferees encourage MARAD to 

seek assistance from the Department of Homeland Security in the 

implementation of this training. 

Intermodal Efficiency.—The conferees direct MARAD to report 

to the House and Senate Committees on Appropriations, no later 

than 90 days after enactment of this Act, on the performance of the 

intermodal system with respect to the efficiency of the most congested ports. Within this report, particular emphasis should be 

1004

placed on summarizing the performance of the 14 strategic commercial ports during the military force build-up for Operation Iraqi 

Freedom and on identifying the most glaring deficiencies of the 

intermodal system as a whole. This report is to contain a thorough 

comparison of the most congested ports in terms of operational efficiency; identification of significant intermodal obstacles associated 

with each port; and a summary of future actions MARAD plans to 

take to address and improve the throughput of cargo in America’s 

ports. The conferees expect MARAD to work with industry groups 

as well as the scientific community in the completion of this study. 

Additional Required Reports.—The conferees direct MARAD to 

submit all reports as directed in the House report no later than 45 

days after enactment of this Act. 

SHIP DISPOSAL

The conference agreement includes $16,211,000 for the disposal of obsolete vessels of the National Defense Reserve Fleet, instead of the $14,000,000 proposed by the House and $18,422,000 as 

proposed by the Senate. 

MARITIME GUARANTEED LOAN PROGRAM

The conference agreement includes $4,498,000 for administration expenses of the Maritime Guaranteed Loan Program (Title XI) 

as proposed by the Senate. The conferees note MARAD’s cooperation with the Department of Transportation’s Inspector General 

(DOTIG) on the implementation of managerial reforms of the Title 

XI program and are encouraged by the progress towards certification of the maritime loan guarantee process, as specified in P.L. 

108–11. 

SHIP CONSTRUCTION

(RESCISSION)

The conference agreement includes a rescission of unobligated balances totaling $4,107,056 from the dormant ship construction 

account. 

General Provisions—Maritime Administration 

The conference agreement includes a provision (Section 180) 

authorizing MARAD to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy 

involving Government property under control of MARAD, and allow 

payments received to be credited to the Treasury. 

The conference agreement includes a provision (Section 181) 

prohibiting obligations to be incurred during the current fiscal year 

from the construction fund established by the Merchant Marine 

Act, 1936. 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 

RESEARCH AND SPECIAL PROGRAMS

The conference agreement provides $46,441,000 for research 

and special programs, instead of $47,018,000 as proposed by the 

1005

House and $42,516,000 as proposed by the Senate. Within this 

total, $2,510,000 is available until September 30, 2006, instead of 

$2,427,000 as proposed by the House and $3,473,000 as proposed 

by the Senate. The conference agreement permits up to $1,200,000 in fees to 

be collected and deposited in the general fund of the Treasury as 

offsetting receipts. Also, the conference agreement includes language that permits funds received from states, counties, municipalities, other public authorities and private sources for expenses 

incurred for training, reports publication and dissemination, and 

travel expenses incurred in the performance of hazardous materials 

exemptions and approval functions. The House and Senate proposed both of these provisions. 

Prior year funding decisions.—In House Joint Resolution 2 

(Public Law 108–7), the Transportation and Related Agencies Appropriations Act for fiscal year 2003, the Congress denied certain 

funding in RSPA’s budget request for the reason that there were 

decreases that the Congress had taken in previous Acts and RSPA 

was requesting that the Congress restore that funding. RSPA has 

again undertaken this type of budgeting in the fiscal year 2004 request. The conferees are strongly dismayed at this trend, and direct 

RSPA and the Department of Transportation Office of Budget and 

Policy to cease these types of requests immediately. 

Further, the conferees direct RSPA to implement appropriate 

accounting procedures and budgetary tools to ensure proper accounting and integrity of appropriated funds, as proposed by the 

Senate. A report is due to the House and Senate Committees on 

Appropriations ninety days after enactment of this Act, detailing 

the measures that will be taken to address these shortfalls and a 

timeline for implementation. 

OFFICE OF HAZARDOUS MATERIALS

The conference agreement provides $23,675,000 for the office of hazardous materials, instead of $23,558,000 as proposed by the 

House and $22,814,000 as proposed by the Senate. The following 

adjustments are made to the budget estimate:

Reduce funding for requested hazmat positions and associated administrative costs ............................................................................... ¥$494,000 

Reduce funding to review and analyze transportation regulations 

governing SNF and HLW .................................................................. ¥500,000 

Reduce funding for restoration of fiscal year 2003 across-the-board 

cut ........................................................................................................ ¥149,000

New positions.—The conference agreement provides seven new 

positions for the office of hazardous materials: one SNF/HLW engineer, one SNF/HLW inspector, one SNF/HLW lawyer, and four restoration positions in the wake of September 11th. 

OFFICE OF RESEARCH AND TECHNOLOGY

The conference agreement provides $2,507,000 for the office of 

research and technology, instead of $2,193,000 as proposed by the 

House and $2,394,000 as proposed by the Senate. The following adjustments are made to the budget estimate:

Reduce funding for requested positions and associated administrative costs ............................................................................................. ¥$48,000 

1006

Reduce funding for hazardous materials and hydrogen fuel research .................................................................................................. ¥200,000 

Reduce funding for restoration of fiscal year 2003 across-the-board 

cut ........................................................................................................ ¥18,000

New positions.—The conference agreement provides one new 

hydrogen fuel engineer position for the office of research and technology. 

Hydrogen fuels research.—Before new staff is hired, the office 

of research and technology shall perform an assessment on the 

safety and technology status of the infrastructure supporting hydrogen fuels transportation. The report shall include an analysis of 

what steps RSPA is taking to work with the Department of Energy 

to ensure that all research related to hydrogen fuels is complementary in order to maximize investment. The report should be submitted to the House and Senate Committees on Appropriations no 

later than February 1, 2004, and $50,000 is provided for necessary 

research. 

OFFICE OF EMERGENCY TRANSPORTATION

The conference agreement provides $2,720,000 for the office of 

emergency transportation, instead of $2,463,000 as proposed by the 

House and $2,802,000 as proposed by the Senate. The following adjustments are made to the budget estimate:

Reduce funding for requested positions and associated administrative costs ............................................................................................. ¥$514,000 

Reduce funding for emergency transportation regional equipment 

and training ........................................................................................ ¥250,000 

Reduce funding for restoration of fiscal year 2003 across-the-board 

cut ........................................................................................................ ¥13,000

New positions.—The conference agreement provides seven new 

positions for the office of emergency transportation: five crisis management center positions and two full-time regional RETCOs. In 

addition, the conferees encourage RSPA to utilize flexibility to ensure that the regional emergency response teams are adequately 

equipped, as proposed by the Senate. 

OFFICE OF PROGRAM MANAGEMENT

The conference agreement provides $17,539,000 for the office of 

program management, instead of $18,858,000 as proposed by the 

House and $14,506,000 as proposed by the Senate. The following 

adjustments are made to the budget estimate:

Reduce funding for requested positions and associated administrative costs ............................................................................................. ¥$434,000 

Reduce funding for infrastructure technology modernization ............ ¥859,000 

Reduce funding for restoration of fiscal year 2003 across-the-board 

cut and TASC cut ............................................................................... ¥320,000

New positions.—The conference agreement provides five new 

positions for the office of program management; one contracting 

specialist, one database manager, two IT staff, and one support 

service specialist.

Infrastructure technology modernization.—Due to budget constraints, the conference agreement reduces funding for RSPA’s IT 

upgrade by $859,000. The conferees direct RSPA to keep the House 

and Senate Committees on Appropriations informed of these extenVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01010 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1007

sive upgrades through biannual correspondence, due in February 

and August, as proposed by the House. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

The conference agreement provides a total of $66,305,000 for 

the pipeline safety program, instead of $64,054,000 as proposed by 

the House and $67,612,000 as proposed by the Senate. Within this 

total, $21,828,000 is available until September 30, 2006, instead of 

$21,786,000 as proposed by the House and $22,710,000 as proposed 

by the Senate. 

Of this total, the conference agreement specifies that 

$13,000,000 shall be derived from the Oil Spill Liability Trust 

Fund and $53,305,000 from the Pipeline Safety Fund. The House 

bill allocated $9,000,000 from the Oil Spill Liability Trust Fund 

and $55,054,000 from the Pipeline Safety Trust Fund. The Senate 

bill provided $17,183,000 from the Oil Spill Liability Trust Fund 

and $50,429,000 from the Pipeline Safety Fund. The following adjustments are made to the budget estimate:

Deny decreased funding for one-call grants ........................................ +$1,000,000 

Reduce funding for requested positions and associated administrative costs ............................................................................................. ¥1,342,000 

Reduce funding for restoration of fiscal year 2003 across-the-board 

cut ........................................................................................................ ¥581,000

New positions.—The conference agreement provides twelve new 

positions for the office of pipeline safety: four natural gas IMP inspectors, two State program manager liaisons, four FERC inspectors, and two Alaska regulations specialists. 

State one-call grants.—The conferees deny a proposed decrease 

in one-call grants, as proposed by the House and Senate, and have 

restored $1,000,000. The conferees feel strongly that these grants 

are an important tool in reducing the number of pipeline incidents. 

Pipeline safety fund and oil spill liability trust fund.—The conferees direct the Office of Pipeline Safety to allocate oversight activities between the hazardous liquid and gas pipelines and to factor the Oil Spill Liability Trust Fund into the allocation formula 

that determines the hazardous liquid pipeline user fee assessment 

to accurately reflect the amount and type of oversight activities 

being conducted by the office consistent with the Trust Fund. The 

fiscal year 2005 budget justification should adequately address this 

issue. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

The conference agreement provides $200,000 for emergency 

preparedness grants as proposed by both the House and the Senate. The conference agreement includes a limitation on obligations 

of $14,300,000, consistent with both the House and Senate proposals. 

1008

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement includes $56,000,000 for the Office 

of Inspector General. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

The conference agreement provides a funding level of $19,521,000 for the Surface Transportation Board to fund salaries 

and expenses from a direct appropriation, as proposed by both the 

House and Senate. The conference agreement includes language as 

proposed by both the House and the Senate that allows the Board 

to offset $1,050,000 of its appropriation from fees collected during 

the fiscal year, for a total program level of $18,521,000. 

Union Pacific/Southern Pacific merger.—On December 12, 

1997, the Board granted a joint request of Union Pacific Railroad 

Company and the City of Wichita and Sedgwick County, KS (Wichita/Sedgwick) to toll the 18-month mitigation study pending in Finance Docket No. 32760. The decision indicated that at such time 

as the parties reach an agreement or discontinue negotiations, the 

Board would take appropriate action. 

By petition filed June 26, 1998, Wichita/Sedgwick and UP/SP 

indicated that they had entered into an agreement, and jointly petitioned the Board to impose the agreement as a condition of the 

Board’s approval of the UP/SP merger. By decision dated July 8, 

1998, the Board agreed and imposed the agreement as a condition 

to the UP/SP merger. The terms of the negotiated agreement remain in effect. If UP/SP or any of its divisions or subsidiaries materially changes or is unable to achieve the assumptions on which the 

Board based its final environmental mitigation measures, then the 

Board should reopen Finance Docket 32760 if requested by interested parties, and prescribe additional mitigation properly reflecting these changes if shown to be appropriate.

TITLE II—DEPARTMENT OF THE TREASURY 

DEPARTMENTAL OFFICES

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $176,109,000 for depart- mental offices of the Treasury Department instead of $175,809,000 

proposed by the House and $174,809,000 proposed by the Senate. 

A table comparing the House bill, Senate bill, and conference 

agreement follows:

House bill Senate bill Conference

agreement 

President’s estimate ............................................................................. $166,875,000 $166,875,000 $166,875,000

Adjustments to the estimate: 

FY03 reductions not reflected in base: 

FECA costs .......................................................................... ¥27,000 ¥27,000 ¥27,000 

Savings from prior year Congressional priorities ............... ¥2,854,000 0 ¥2,854,000 

1009

House bill Senate bill Conference

agreement 

Business strategy adjustment ............................................ ¥599,000 0 0 

Unanticipated administrative cost increases .............................. 6,399,000 5,800,000 6,100,000 

Office of International Affairs ..................................................... 2,730,000 2,727,000 2,730,000 

Office of Terrorist Financing & Financial Crimes ....................... 2,285,000 2,285,000 2,285,000 

Certificate-based internet security initiatives ............................. 1,000,000 0 1,000,000 

Delete funding for Asian Dev Bank Conf & TPI .......................... 0 ¥2,851,000 0

Total ......................................................................................... 175,809,000 174,809,000 176,109,000 

A table comparing the conference agreement, by office, to the 

budget estimate follows:

Budget

estimate 

Conference

agreement 

Economic Policy ................................................................................................................... $4,145,000 $4,145,000 

International Affairs ............................................................................................................ 25,151,000 27,881,000

Tax Policy ............................................................................................................................. 13,955,000 13,955,000 

Domestic Finance ................................................................................................................ 9,448,000 9,448,000

Terrorist Financing and Financial Crimes ........................................................................... 0 2,285,000

Foreign Asset Control .......................................................................................................... 21,855,000 21,855,000

Management and CFO Programs ........................................................................................ 14,275,000 14,275,000

Executive Direction .............................................................................................................. 17,168,000 17,168,000

Treasury-Wide Financial Statement Audits ......................................................................... 3,393,000 3,393,000

Administration ..................................................................................................................... 57,485,000 61,704,000

Total ....................................................................................................................... 166,875,000 176,109,000

Office of Foreign Assets Control.—The conference agreement 

specifies not less than 120 full-time equivalent (FTE) staff-years for 

this office, as proposed by the Senate. 

Reports on travel.—Modifying a proposal of the House, the conferees agree that quarterly reports are to be submitted providing 

details on the international travel of departmental employees. 

Staffing in certain offices.—The conferees agree that the department is limited to 19 FTE in the Office of International Affairs, 

as proposed by the Senate, and 14 FTE for the Executive Office of 

Terrorist Financing and Financial Crimes, as proposed by the 

House. 

Marketing of the new $20 currency note.—The conferees acknowledge that some expenditure was necessary to market the new 

$20 currency note to the public and to private businesses both in 

the United States and abroad. However, the amount spent by the 

Bureau of Engraving and Printing (BEP) for this purpose was excessive, and far greater than similar efforts in the past. Although 

BEP is self-financed through a revolving fund, this does not absolve 

the bureau from being cost-efficient in all of its operations. The 

conferees direct BEP to submit to the House and Senate Committees on Appropriations, not later than December 31, 2003, a report 

showing the baseline amount of funds returned to the Treasury 

from their recurring operations at the end of fiscal year 2003. The 

conferees further direct BEP to manage its operations in a manner 

so that, by the end of fiscal year 2005, that baseline amount has 

been increased by $14,000,000. The Appropriations Committees 

will monitor this situation annually to help ensure those targets 

are reached. 

1010

CyberShield.—The conferees are aware of efforts to develop a 

public/private partnership which will develop best practices in realtime detection and the creation of response centers to protect existing financial services sectors from next generation cyber attacks. 

The conferees encourage the Department of the Treasury to work 

closely with the Department of Homeland Security to support this 

important initiative.

DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENT PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $36,400,000 for department-wide systems and capital investment programs, instead of 

$36,653,000 as proposed by the House and $36,928,000 as proposed 

by the Senate. The bill includes language proposed by the Senate 

restricting any of these funds for programs of the Internal Revenue 

Service, which has its own capital appropriation. The reduction 

from the budget estimate of $528,000 is to be allocated against the 

HR Connect program. 

HR Connect.—Including the $25,461,000 in this bill for fiscal 

year 2004, the HR Connect project will have received over 

$140,000,000 in appropriations since its beginning in fiscal year 

1998. Although the conferees remain committed to this project, 

given its significant cost and scope, as well as recent downsizing 

at the Treasury Department affecting program requirements, the 

conferees direct the Secretary of the Treasury to provide to the 

House and Senate Appropriations Committees, within six months 

of enactment of this Act, a status report on the project. The report 

should include, but not be limited to, the following: (1) the original 

scope of this effort and any changes to those initial requirements 

since the beginning of the project in 1998; (2) accomplishments to 

date on the development and implementation of new systems and 

software, and the success in deploying those new systems across 

Treasury bureaus; (3) the impact that these new systems have had 

on overall human resource management processes of the Department; (4) the savings, if any, that have resulted from the implementation of HR Connect throughout the department thus far; and 

(5) the additional funding necessary beyond fiscal year 2004 to 

complete the project. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement includes $13,000,000 for salaries 

and expenses of the Office of Inspector General, instead of 

$12,792,000 proposed by the House and $12,687,000 proposed by 

the Senate. 

Study on expanded use of blanks.—The conferees agree to the 

study, proposed by the House, on the potential and cost-effectiveness of expanded use of pre-made ‘‘blanks’’ by the U.S. Mint in the 

production of circulating coins. However, instead of using the U.S. 

General Accounting Office to complete this study, as proposed by 

the House, the conferees agree that the study should be performed 

by the Treasury Office of Inspector General, and additional funding 

1011

has been included for this purpose. The report should be submitted 

to the House and Senate Committees on Appropriations, and appropriate legislative committees, not later than April 1, 2004. 

Treasury Building and Annex repair and restoration project.—

The conferees note that since the first full year of funding for this 

project in fiscal year 1998, $178,000,000 has been appropriated for 

the project. This is in addition to the $28,000,000 appropriated in 

fiscal year 1997 to undertake immediate repairs resulting from fire 

damage to the Treasury Building in 1996. As part of the conferees’ 

ongoing oversight of major capital projects, the conferees direct the 

Treasury Inspector General to conduct an audit of all Treasury 

Building renovation and restoration contracts since fiscal year 

1998. Such audit shall include, but need not be limited to: (1) compliance with all applicable procurement laws, rules, and regulations, and the Architectural Barriers Act of 1968, as amended; (2) 

a review of the scope, requirements, and cost reasonableness of the 

project, as well as the process for managing change orders to the 

original scope and design; and (3) the effectiveness, efficiency, and 

economy of contractor operations. The audit shall be completed and 

submitted to the House and Senate Committees on Appropriations 

within eight months of enactment of this Act. Additional funding 

is provided in this appropriation for completion of this audit. 

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $128,034,000 as proposed 

by both the House and the Senate. 

AIR TRANSPORTATION STABILIZATION PROGRAM

The conference agreement provides $2,538,000 as proposed by 

both the House and the Senate. 

TREASURY BUILDING AND ANNEX REPAIR AND RESTORATION

The conference agreement provides $25,000,000 as proposed by 

both the House and the Senate. The bill prohibits the obligation of 

$7,000,000 for this program until completion of the Inspector General audit described under ‘‘Treasury Office of Inspector General, 

salaries and expenses’’ or until approval in writing by the House 

and Senate Committees on Appropriations. 

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

The conference agreement provides $57,571,000 as proposed by 

both the House and the Senate. 

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

The conference agreement provides $228,558,000 as proposed 

by both the House and the Senate. 

1012

ALCOHOL AND TOBACCO TAX AND TRADE BUREAU

SALARIES AND EXPENSES

The conference agreement provides $80,000,000 as proposed by 

both the House and the Senate. 

UNITED STATES MINT

UNITED STATES MINT PUBLIC ENTERPRISE FUND

The conference agreement limits liabilities and obligations 

from the Public Enterprise Fund to $40,652,000 as proposed by 

both the House and the Senate. As previously discussed, bill language proposed by the House relating to a General Accounting Office study of pre-made ‘‘blanks’’ has been dropped in lieu of a study 

by the Office of Inspector General. 

BUREAU OF THE PUBLIC DEBT

ADMINISTERING THE PUBLIC DEBT

The conference agreement provides $173,652,000 as proposed 

by both the House and the Senate. 

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

The conference agreement provides $4,033,000,000 instead of 

$4,037,834,000 as proposed by the House and $4,048,238,000 as 

proposed by the Senate. The conferees agree that the reductions 

should encompass the proposed new initiatives for fiscal year 2004. 

The bill specifies that up to $4,100,000 is available for tax counseling for the elderly instead of $4,250,000 as proposed by the 

House and $3,950,000 as proposed by the Senate. Further, the bill 

provides up to $7,500,000 for low-income taxpayer clinic grants instead of $8,000,000 as proposed by the House and $7,000,000 as 

proposed by the Senate. 

Report on certain accelerated depreciation benefits in Oklahoma.—The conferees direct the IRS to provide a report to the 

House and Senate Committees on Appropriations, not later than 90 

days following enactment of this Act, providing the status and the 

total dollars of accelerated depreciation available by special statute 

for investments on former Indian land in Oklahoma, including the 

extent to which such accelerated depreciation benefits are being 

used. 

TAX LAW ENFORCEMENT

The conference agreement provides $4,196,000,000 instead of 

$4,221,408,000 as proposed by the House and $4,172,808,000 as 

proposed by the Senate. 

INFORMATION SYSTEMS

The conference agreement provides $1,590,962,000 as proposed 

by the Senate instead of $1,628,739,000 as proposed by the House. 

Of the total amount provided, $200,000,000 is available for obligaVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01016 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1013

tion for two years as proposed by the Senate, instead of 

$165,000,000 as proposed by the House. The balance of the appropriation is available until expended. The conferees agree that, within the overall reduction, the IRS is to make the specific reductions 

included in the House report. 

BUSINESS SYSTEMS MODERNIZATION

The conference agreement provides $390,000,000 instead of 

$429,000,000 proposed by both the House and the Senate. The reduction is due to budget constraints. 

HEALTH INSURANCE TAX CREDIT ADMINISTRATION

The conference agreement provides $35,000,000 as proposed by 

both the House and the Senate. 

GENERAL PROVISIONS—INTERNAL REVENUE SERVICE

The conference agreement includes provisions under this heading, as proposed by the Senate. The House had proposed such provisions under a comprehensive heading for the Department of the 

Treasury. 

The bill includes a provision (sec. 201) proposed by both the 

House and Senate allowing the service to transfer funding among 

appropriations made to the IRS in this Act, limited to five percent 

and subject to advance approval of the House and Senate Committees on Appropriations. 

The bill includes a provision (sec. 202) proposed by both the 

House and Senate requiring the IRS to maintain a training program focusing on certain areas of customer service. 

The bill includes a provision (sec. 203) proposed by both the 

House and Senate requiring the safeguard of taxpayer information. 

The bill includes a provision (sec. 204) proposed by both the 

House and Senate requiring the IRS to make the improvement of 

the 1–800 help line a top priority in the allocation of staffing and 

other resources. 

The bill includes a provision (sec. 205) modifying a provision 

of the Senate relating to cash pension regulations. The provision 

accepts Senate language prohibiting the issuance of regulations on 

cash balance pension plans, and requires the Treasury Department 

to submit legislation to the Congress within 180 days to provide 

transition relief for older and longer-service employees affected by 

conversions of traditional pension plans to cash balance plans. The 

House had a similar provision under title seven of the bill, which 

is not included in the conference agreement. 

The bill includes a provision (sec. 206) proposed by the Senate 

requiring a study compiling statistics on the earned income tax 

credit certification program, to be submitted in interim form by 

July 30, 2004 and in final form by June 30, 2005. The House bill 

included no similar provision. 

GENERAL PROVISIONS—DEPARTMENT OF THE TREASURY

The bill includes a provision (sec. 210) proposed by both the 

House and Senate allowing appropriations to be used for certain 

1014

specified expenses such as uniforms, motor vehicle insurance, and 

health insurance for employees serving in foreign countries.

The bill includes a provision (sec. 211) proposed by both the 

House and Senate allowing the transfer of up to 2 percent of appropriations made to the Department of the Treasury among offices 

within the department. 

The bill includes a provision (sec. 212) proposed by both the 

House and Senate allowing the transfer of up to 2 percent of appropriations made to the IRS to the Treasury Inspector General for 

Tax Administration. 

The bill includes a provision (sec. 213) proposed by the Senate 

requiring that the purchase of law enforcement vehicles by any 

Treasury bureau be consistent with department-wide vehicle management principles. The House bill contained no similar provision. 

The bill includes a provision (sec. 214) proposed by both the House and Senate prohibiting funds to redesign the $1 Federal Reserve note. 

The bill includes a provision (sec. 215) proposed by both the 

House and Senate allowing the transfer of funds from ‘‘Salaries 

and expenses, financial management service’’ to the debt services 

account to cover the costs of debt collection. 

The bill includes a provision (sec. 216) proposed by the Senate 

extending the pay demonstration project at the Alcohol Tax and 

Trade Bureau from five years to six years, which will result in the 

program being extended through fiscal year 2004. 

The bill includes a provision (sec. 217) proposed by both the 

House and Senate prohibiting funds of the U.S. Mint from being 

used to construct or operate a museum unless approved by the 

Congress. 

The bill includes a provision (sec. 218) proposed by the House 

relating to the reimbursement of financial institutions for services 

directed or required by the Secretary of the Treasury. The Senate 

proposed a similar provision that was identical in substance. 

TITLE III—EXECUTIVE OFFICE OF THE PRESIDENT AND 

FUNDS APPROPRIATED TO THE PRESIDENT 

COMPENSATION OF THE PRESIDENT

The conference agreement provides $450,000 for compensation 

of the President as proposed by both the House and Senate. The 

bill includes a general provision codifying in statutory law the substance of provisions carried in appropriations Acts since 1981. The 

modification of 3 U.S.C. 102 stipulates that the President’s expense 

allowance shall not be included as gross income, and any unused 

portion shall revert to the Treasury. This is identical to current law 

as carried in annual appropriations Acts, and will obviate the need 

to carry this provision each year in the appropriations process. 

WHITE HOUSE OFFICE

SALARIES AND EXPENSES

The conference agreement provides $69,168,000 instead of 

$66,057,000 as proposed by the House and $61,937,000 as proposed 

by the Senate. Of the funding provided, $7,231,000 is for the Office 

1015

of Homeland Security. The restriction on the obligation of funds in 

the House report relating to a report on funding for renovation and 

furnishings is not necessary, as the report has been submitted. The 

reduction of $1,100,000 reflects elimination of the President’s Critical Infrastructure Advisory Board since submission of the budget, 

as proposed by the House. 

EXECUTIVE RESIDENCE AT THE WHITE HOUSE OFFICE

OPERATING EXPENSES

The conference agreement provides $12,501,000 as proposed by 

both the House and the Senate. 

REIMBURSABLE EXPENSES

The agreement includes bill language on reimbursements as 

proposed by both the House and the Senate and identical to language carried in fiscal year 2003. 

WHITE HOUSE REPAIR AND RESTORATION

The conference agreement provides $4,225,000 as proposed by 

both the House and the Senate. 

COUNCIL OF ECONOMIC ADVISORS

SALARIES AND EXPENSES

The conference agreement provides $4,502,000 as proposed by 

the Senate instead of $4,000,000 as proposed by the House. 

OFFICE OF POLICY DEVELOPMENT

SALARIES AND EXPENSES

The conference agreement provides $4,109,000 as proposed by 

both the House and the Senate. 

NATIONAL SECURITY COUNCIL

SALARIES AND EXPENSES

The conference agreement provides $10,551,000 as proposed by 

the Senate instead of $9,000,000 as proposed by the House. 

HOMELAND SECURITY COUNCIL

SALARIES AND EXPENSES

The bill deletes the separate appropriation for this council proposed by the Senate. Instead, the conference agreement provides 

funding under ‘‘White House Office’’, as proposed by the House but 

at a modified level.

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $82,826,000 as proposed by 

the House instead of $77,164,000 as proposed by the Senate. The 

1016

agreement reflects reductions proposed by the House for information technology services (-$1,500,000) and security services for the 

Office of Science and Technology Policy (-$1,096,000) as well as a 

transfer back to this account for the core enterprise pilot program 

(+$8,258,000). The conferees encourage the Administration to include all EOP funds for the core enterprise pilot program under 

this appropriation in the fiscal year 2005 budget request. The bill 

specifies that, of the total funding provided, $20,578,000 is for capital investment plan activities as proposed by the Senate instead 

of $17,470,000 as proposed by the House. 

OFFICE OF MANAGEMENT AND BUDGET

SALARIES AND EXPENSES

The conference agreement provides $67,159,000 instead of 

$62,272,000 as proposed by the House and $75,417,000 as proposed 

by the Senate. 

Reception and representation expenses.—The bill includes 

$3,000 as proposed by the Senate instead of $1,500 as proposed by 

the House. 

Office of Information and Regulatory Affairs.—The conferees 

direct that $1,000,000 of the total funding provided in this appropriation be withheld from obligation until resolution of existing 

programmatic concerns by House conferees are addressed and the 

House and Senate Committees on Appropriations approve of such 

obligation. 

Implementation of the Federal Data Quality Act.—The conferees are concerned that agencies are not complying fully with the 

requirements of the Federal Data Quality Act (FDQA). The conferees agree that data endorsed by the Federal Government should 

be of the highest quality, and that the public should have the opportunity to review the data disseminated by the Federal Government for its accuracy and have available to it a streamlined procedure for correcting inaccuracies. The Administrator of the Office of 

Information and Regulatory Affairs (OIRA) is directed to submit a 

report to the House and Senate Committees on Appropriations by 

June 1, 2004 on whether agencies have been properly responsive 

to public requests for correction of information pursuant to the 

FDQA, and suggest changes that should be made to the FDQA or 

OMB guidelines to improve the accuracy and transparency of agency science. 

OFFICE OF NATIONAL DRUG CONTROL POLICY

SALARIES AND EXPENSES

The conferees agree to provide $27,996,500 as proposed by the 

Senate instead of $28,790,000 as proposed by the House. Of this 

amount, $1,500,000 is provided as a grant to the National Alliance 

for Model State Drug Laws, as proposed by the House and Senate. 

1017

COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $42,000,000 as proposed by the 

Senate instead of $40,000,000 as proposed by the House. Of this 

amount, the conferees agree to provide $24,000,000 for the technology transfer program as proposed by the Senate, instead of 

$22,000,000 as proposed by the House. The conferees direct 

ONDCP to report to the Committees on Appropriations, no later 

than December 31, 2003, on CTAC funding allocations, specifically 

providing a detailed spending plan for both the research and development program and the technology transfer program for fiscal 

years 2001–2003. In addition, the conferees direct the chief scientist to notify the Committees on Appropriations on how fiscal 

year 2004 funds will be spent, as well as to provide biannual reports on priority counterdrug enforcement research and development requirements and the status of projects funded by CTAC. Finally, the conferees direct ONDCP to include in the fiscal year 

2005 budget request a specific accounting of the total number of 

grant applications received and the number awarded in the previous fiscal year. 

FEDERAL DRUG CONTROL PROGRAMS

HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $226,350,000 as proposed by the 

House and Senate. The conferees agree to provide that HIDTAs 

designated as of September 30, 2003 shall be funded at no less 

than the fiscal year 2003 initial allocation levels. The conferees provide that no funds in excess of the fiscal year 2004 budget request 

shall be obligated without prior approval of the Committees on Appropriations. Approval for the expenditure of these funds must be 

sought according to reprogramming guidelines. 

OTHER FEDERAL DRUG CONTROL PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $229,000,000 instead of 

$230,000,000 as proposed by the House and $174,000,000 as proposed by the Senate. The conferees agree to provide $145,000,000 

for the National Youth Anti-Drug Media Campaign. In addition, 

the conferees agree to provide $70,000,000 for Drug-Free Communities Support, of which $1,000,000 is provided as a directed grant 

to the Community Anti-Drug Coalitions of America; $7,200,000 for 

the U.S. Anti-Doping Agency; $3,000,000 for the Counterdrug Intelligence Executive Secretariat; $1,000,000 for the National Drug 

Court Institute; $2,000,000 for Performance Measures Development; and $800,000 for United States dues to the World AntiDoping Agency. 

1018

NATIONAL YOUTH ANTI-DRUG MEDIA CAMPAIGN

While the conferees are encouraged by data released by the 

Partnership for a Drug-Free America showing welcome trends in 

the incidence of youth drug use, the conferees wish to reemphasize 

the need to demonstrate that such trends can be linked to the 

Media Campaign itself. The conferees therefore direct ONDCP to 

submit to the Committees on Appropriations an evaluation plan for 

the Media Campaign covering fiscal years 2004–2008 no later than 

120 days after enactment of this Act. In addition, the conferees direct ONDCP to provide to the Committees on Appropriations a detailed report regarding the type and content of all advertising, its 

timing and placement in media markets, and the matches provided 

for all advertising. In order to ensure that a sufficient amount will 

be spent on advertising, the conferees agree to provide that no less 

than 78 percent of the funds provided shall be spent on the purchase of advertising time and space. 

U.S. ANTI-DOPING AGENCY

The conferees agree to provide $7,200,000 as proposed by the 

Senate instead of $1,500,000 as proposed by the House. The conferees direct the U.S. Anti-Doping Agency to provide to the Committees on Appropriations a prior year expenditure report as well 

as a detailed spending plan for fiscal year 2004 funds. Each report 

should include a section reporting USADA’s efforts to secure funding from sources other than the Federal government. These reports 

should be provided no later than 120 days after enactment of this 

Act.

UNANTICIPATED NEEDS

The conference agreement provides $1,000,000 as proposed by 

both the House and the Senate. 

SPECIAL ASSISTANCE TO THE PRESIDENT AND THE OFFICIAL

RESIDENCE OF THE VICE PRESIDENT

SALARIES AND EXPENSES

The conference agreement provides $4,461,000 as proposed by 

both the House and the Senate. The appropriation has been placed 

at the end of the title as proposed by the House. 

OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $331,000 as proposed by 

both the House and the Senate. The appropriation has been placed 

at the end of the title as proposed by the House. 

GENERAL PROVISION—EXECUTIVE OFFICE OF THE PRESIDENT

The bill includes a provision (sec. 301) stating that the President’s expense allowance shall not be included as gross income of 

the President and specifying that unused portions of that allowance 

shall revert to the Treasury. 

1019

TITLE IV—INDEPENDENT AGENCIES 

ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE

BOARD

SALARIES AND EXPENSES

The conference agreement includes $5,401,000 as proposed by 

the House and Senate. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

The conferees agree to provide $73,499,000, instead of $76,679,000 as proposed by the House and $72,170,000 as proposed 

by the Senate. The conferees direct NTSB to make certain improvements in its annual budget justification, particularly by expanding 

and improving the presentation of the resource requirements section. This section should clearly indicate the absolute level of funds 

and FTE for each program activity, as well as the increases or reductions in funding and FTE sought for the fiscal year of the budget request. The document should also include a more detailed narrative section justifying NTSB’s proposals. 

EMERGENCY FUND

The conferees agree to provide $600,000 as proposed by the 

House and Senate. 

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

SALARIES AND EXPENSES

The conferees agree to provide $4,725,000 as proposed by the 

House and Senate. 

FEDERAL ELECTION COMMISSION

SALARIES AND EXPENSES

The conferees agree to provide $51,240,000 instead of 

$50,440,000 as proposed by both the House and Senate. The additional $800,000 is to support the Office of Election Administration, 

which was not included in the President’s budget request in anticipation of the establishment of the Election Assistance Commission. 

Due to delay in the establishment of the EAC, the conferees agree 

to provide OEA with funding, on the condition that any unobligated 

balances be transferred to the EAC upon its establishment. Of the 

total amount, the conferees also agree to provide that no less than 

$6,389,900 shall be available for internal automated data processing systems, as proposed by the House. 

ELECTION ASSISTANCE COMMISSION

SALARIES AND EXPENSES

The conferees agree to provide $1,200,000, instead of 

$5,000,000 as proposed by the House and no funding as proposed 

1020

by the Senate. The conferees agree to provide the amount as a separate appropriation as proposed by the House. 

ELECTION REFORM PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $500,000,000 for Election Reform Programs, instead of $1,500,000,000 as proposed by the Senate and $495,000,000 as proposed by the House. Consistent with 

language proposed by the House, the conferees agree to provide 

that the General Services Administration will have the authority 

to administer available funds, including the funds appropriated in 

this Act, until the establishment of the Election Assistance Commission. The conferees agree to provide that no more than $100,000 

shall be available to GSA for administrative expenses. Within the 

amount provided, the conferees also agree to provide $750,000 for 

the Help America Vote Foundation, $750,000 for the Help America 

Vote College Program, and $200,000 for the National Student/Parent Mock Election, all of which are authorized by the Help America 

Vote Act. 

FEDERAL LABOR RELATIONS AUTHORITY

SALARIES AND EXPENSES

The conferees agree to provide $29,611,000 as proposed by the 

House and Senate. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $18,471,000 as proposed by 

the House and the Senate.

Information Technology.—The Conferees direct the Commission to submit a report to the House and Senate Committees on 

Appropriations no later than 45 days after enactment of this Act, 

summarizing the Commission’s current information technology improvement initiatives and long-term technology improvement plan. 

GENERAL SERVICES ADMINISTRATION 

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

LIMITATIONS ON AVAILABILITY OF REVENUE

(INCLUDING TRANSFERS OF FUNDS)

The conference agreement provides total obligational availability of $7,216,464,000 from the federal buildings fund in fiscal 

year 2004. This includes limitations on obligations of 

$6,758,208,000 and an appropriation from the general fund of 

$446,000,000. 

1021

CONSTRUCTION

The conference agreement provides $708,268,000 for construction instead of $406,168,000 as proposed by the House and 

$659,668,000 as proposed by the Senate. The following table compares the budget estimate, House bill, Senate bill, and conference 

agreement by project:

[In thousands of dollars] 

Budget

estimate House bill Senate bill Conferenceagreement 

Border Stations: 

Jackman, ME ..................................................... $7,712 $7,712 $7,712 $7,712 

Champlain, NY .................................................. 35,031 31,031 31,031 31,031 

Detroit, MI ......................................................... 25,387 25,387 25,387 25,387 

Blaine, WA ......................................................... 9,812 9,812 9,812 9,812 

Del Rio, TX ........................................................ 23,966 23,966 23,966 23,966 

Eagle Pass, TX .................................................. 31,980 31,980 31,980 31,980 

San Diego, CA ................................................... 34,211 34,211 34,211 34,211 

McAllen, TX ........................................................ 17,938 17,938 17,938 17,938

Subtotal ........................................................ 186,037 182,037 182,037 182,037

Courthouses: 

Anniston, AL ...................................................... 0 0 4,400 4,400 

Los Angeles, CA ................................................ 0 0 50,000 50,000 

Orlando, FL ........................................................ 0 0 7,200 7,200 

Charlotte, NC .................................................... 0 0 8,500 8,500 

Toledo, OH ......................................................... 0 0 6,500 6,500 

Harrisburg, PA ................................................... 0 0 26,000 26,000 

Greenville, SC .................................................... 0 0 11,000 11,000 

San Antonio, TX ................................................. 0 0 8,000 8,000 

Richmond, VA .................................................... 0 0 83,000 83,000

Subtotal ........................................................ 0 0 204,600 204,600

Other: 

Census Bldg, Suitland, MD ............................... 146,451 146,451 146,451 146,451 

FBI Bldg, Houston, TX ....................................... 58,080 58,080 58,080 58,080 

Non-prospectus construction ............................ 10,000 9,000 10,000 9,000 

Federal (Tuttle) Bldg, Atlanta, GA .................... 0 10,600 0 10,600 

Federal Bldg, Tuscaloosa, AL ........................... 0 0 7,500 7,500 

Denver Federal Center, CO ............................... 0 0 6,000 6,000 

FDA Consolidation, MD ..................................... 0 0 45,000 42,000 

DOT headquarters, DC ...................................... (45,000) (45,000) 0 42,000

Subtotal ........................................................ 214,531 224,131 273,031 321,631

Total, GSA construction ................................ 400,568 406,168 659,668 708,268 

FDA Consolidation at White Oak, Montgomery County, MD.—

The conferees deem the $42,000,000 appropriated for FDA Consolidation at White Oak sufficient for the design and construction of 

the engineering physics lab and office building for FDA’s Center for 

Devices and Radiological Health (CDRH). If this sum is insufficient, the conferees expect GSA to submit a reprogramming request 

to the Committees on Appropriations for funds sufficient to design 

and construct the engineering physics lab and office building for 

CDRH.

1022

REPAIRS AND ALTERATIONS

The conference agreement provides $991,300,000 for repairs 

and alterations instead of $1,010,454,000 as proposed by the House 

and $1,000,939,000 as proposed by the Senate. The bill specifies 

the following funds for certain projects which were proposed in either the House or Senate bills:

Project Amount 

Terre Haute Post Office, IN .................................................................. $4,600,000 

Bellingham Federal Building, WA ....................................................... 2,610,000 

Tuttle Annex, Atlanta, GA .................................................................... 6,725,000

Bellingham, WA federal building.—The conference agreement 

includes language proposed by the Senate transferring funds for 

the Bellingham federal building to the City of Bellingham, subject 

to disposal of the building to the city. 

Eisenhower Executive Building.—The conference agreement 

does not include language, proposed by the House, withholding 

funds until a report is submitted on the use of non-federal funding 

for renovation efforts for the Eisenhower office building. The report 

has been submitted, making the provision unnecessary. 

INSTALLMENT ACQUISITION PAYMENTS

The conference agreement provides $169,745,000 for installment acquisition payments as proposed by both the House and the 

Senate. 

RENTAL OF SPACE

The conference agreement provides $3,280,187,000 instead of 

$3,278,187,000 as proposed by the Senate and $3,308,187,000 as 

proposed by the House. 

BUILDING OPERATIONS

The conference agreement provides $1,608,708,000 as proposed 

by both the House and the Senate. 

GENERAL ACTIVITIES

GOVERNMENT-WIDE POLICY

The conference agreement provides $56,383,000 as proposed by 

the House instead of $61,781,000 as proposed by the Senate. 

e-travel.—The conferees agree that GSA has been responsive to 

the House’s concerns that the e-travel initiative should not involve 

mandatory participation by Federal agencies. Furthermore, the 

conferees agree that, in its management of e-travel prime contractors, GSA should seek to preserve that portion of the federal travel 

agent business that is currently served by small businesses and 

local entrepreneurs. 

OPERATING EXPENSES

The conference agreement provides $88,110,000 instead of 

$79,110,000 as proposed by the House and $85,083,000 as proposed 

by the Senate. Within the funds provided, the conferees direct GSA 

to make the following distributions:

1023

Project Amount 

Web Wise Kids ....................................................................................... $600,000 

Exhibitions on the enslaved north, NY Historical Society ................. 250,000 

Public service recognition week ............................................................ 100,000 

Center for Jewish History archival preservation project, New York, 

NY ....................................................................................................... 328,000 

B&O Railroad Museum emergency restoration, Baltimore, MD ....... 372,000 

Balls Ferry Historic Park, Wilkinson County, GA .............................. 1,000,000 

Saenger Restoration Project, AL .......................................................... 500,000 

Homeless school access project, Washington DOT, WA ..................... 1,000,000 

Hurricane Isabel repairs, NDRF, Fort Eustis, VA .............................. 1,850,000 

Alaska statehood celebration ................................................................ 450,000 

2003 Women’s World Cup Tournament ............................................... 1,800,000 

Ruffner Mountain Educational Facility, AL ........................................ 300,000 

Rural government outreach initiative .................................................. 75,000 

Hawaii statehood celebration ............................................................... 225,000 

Upper Great Plains Native American Telehealth program ............... 100,000 

Iowa communications network ............................................................. 50,000

Public service recognition week.—The conferees recognize that 

public service recognition week, a program of the Public Employees 

Roundtable, has educated America about the value of the career 

workforce, which carries out the daily operations of government. 

This program, which has existed for over 10 years, plays an important role in educating our nation’s youth by providing them with 

timely information about their government. The conferees urge 

GSA to support the mission of the Public Employees Roundtable, 

and provides $100,000 in administrative and logistical assistance to 

public service recognition week activities, the same level as provided for fiscal year 2003. 

OFFICE OF INSPECTOR GENERAL

The conference agreement provides $39,169,000 as proposed by 

both the House and the Senate. 

ELECTRONIC GOVERNMENT FUND

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $3,000,000 instead of $1,000,000 as proposed by the House and $5,000,000 as proposed 

by the Senate. The conferees agree that none of these funds should 

be used for performance awards. 

ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $3,393,000 as proposed by 

both the House and the Senate. 

GENERAL PROVISIONS—GENERAL SERVICES ADMINISTRATION

The bill includes a provision (sec. 401) as proposed by both the 

House and the Senate related to the crediting of proper appropriations for GSA expenses. 

The bill includes a provision (sec. 402) as proposed by both the 

House and the Senate allowing GSA funds to be used for motor vehicle rental expenses. 

The bill includes a provision (sec. 403) as proposed by both the 

House and the Senate requiring transfer of federal building funds 

1024

among various activities only to the extent necessary to meet program requirements and subject to prior approval of the House and 

Senate Committees on Appropriations. 

The bill includes a provision (sec. 404) as proposed by both the 

House and the Senate mandating any fiscal year 2005 budget request for courthouse construction reflect the priorities of the Judicial Conference of the United States, meet design guide standards, 

and be accompanied by a courtroom utilization study. 

The bill includes a provision (sec. 405) as proposed by both the 

House and the Senate requiring federal agencies to pay rental 

rates established by GSA in order to receive certain building support services such as cleaning and security enhancements. 

The bill includes a provision (sec. 406) as proposed by both the 

House and the Senate related to federal buildings fund savings 

from the implementation of pilot information technology projects. 

The bill includes a provision (sec. 407) as proposed by both the 

House and the Senate allowing savings from construction projects 

to be used to settle claims of less than $250,000 in other construction projects, subject to prior notification to the House and Senate 

Committees on Appropriations. 

The bill deletes a provision proposed by the House related to 

implementation of the e-travel service. The Senate bill included no 

similar provision. 

The bill includes a provision (sec. 408) as proposed by the Senate directing GSA to acquire property in Portsmouth, NH for a federal office building to replace the McIntyre Federal Building, and 

authorizing GSA to give the McIntyre Building to the City of Portsmouth under certain conditions. The House bill included no similar 

provision. 

The bill includes a provision (sec. 409) proposed by the House 

allowing GSA to make certain election reform payments, if necessary, prior to appointment of the Election Assistance Commission. The Senate bill included no similar provision. 

The bill includes a provision (sec. 410) proposed by the House 

prohibiting funds to establish a Quick Response Team Processing 

Center in Chattanooga, TN. The Senate bill included no similar 

provision. 

The bill includes a provision (sec. 411) facilitating the completion of a land conveyance in San Joaquin County, California. 

MERIT SYSTEMS PROTECTION BOARD

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

The conferees agree to provide $32,877,000 as proposed by the 

House and Senate. The conferees also agree to provide $2,626,000 

as a limitation on administrative expenses to be transferred from 

the appropriate trust fund, rather than providing the amount as a 

direct appropriation as requested by the President. 

1025

MORRIS K. UDALL FOUNDATION

MORRIS K. UDALL TRUST FUND

The conference agreement provides $1,996,000 as proposed by 

the Senate instead of $1,300,000 as proposed by the House. The bill 

modifies a provision proposed by the House relating to a financial 

audit of the program. The modification allows up to $50,000 for 

this purpose instead of $100,000. The agreement allows 60 percent 

of funds to be provided to the Native Nations Institute as proposed 

by the Senate instead of 70 percent as proposed by the House. 

ENVIRONMENTAL DISPUTE RESOLUTION FUND

The conference agreement provides $1,309,000 as proposed by 

the Senate instead of $1,300,000 as proposed by the House. 

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

The conference agreement provides $256,700,000 instead of 

$255,191,000 as proposed by the House and $258,191,000 as proposed by the Senate. The bill includes $600,000 regarding the 

records of the Freedmen’s Bureau as proposed by the House instead of no funding as proposed by the Senate. 

Working group pursuant to the Japanese Imperial Government 

Disclosure Act.—The conference report includes language extending 

working group activities under the Japanese Imperial Government 

Disclosure Act for one additional year. The conferees believe that 

no further extensions should be granted. All remaining activities of 

the Interagency Working Group are to be completed within the additional 12 months allotted. 

ELECTRONIC RECORDS ARCHIVE

The conference agreement provides $35,914,000 as proposed by 

the House instead of no funds as proposed by the Senate. 

REPAIRS AND RESTORATION

The conference agreement provides $13,708,000 instead of 

$6,458,000 as proposed by the House and $13,483,000 as proposed 

by the Senate. The bill specifies that $500,000 is provided for a 

Military Personnel Records Center requirements study, $2,250,000 

is for a new regional archives and records facility in Anchorage, 

Alaska, and $5,000,000 is for repair and restoration of the plaza 

surrounding the Lyndon Baines Johnson Presidential Library in 

Austin, Texas. Each of these projects were in either the House or 

Senate bills. 

Nixon Presidential records.—The bill includes a provision allowing the transfer of Nixon Administration Presidential records 

and materials outside the Washington, D.C. metropolitan area, 

subject to the control of the Archivist and consistent with current 

laws governing the transfer and storage of Presidential records. 

1026

NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION—

GRANTS PROGRAM

The conference agreement provides $10,000,000 as proposed by 

the House instead of $5,000,000 as proposed by the Senate. 

OFFICE OF GOVERNMENT ETHICS

SALARIES AND EXPENSES

The conferees agree to provide $10,738,000 as proposed by the 

House and Senate. 

OFFICE OF PERSONNEL MANAGEMENT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF TRUST FUNDS)

The conferees agree to provide $119,498,000 as proposed by the 

House instead of $118,748,000 as proposed by the Senate. Of this 

amount, the conferees agree to provide $750,000 for continuation of 

the retirement readiness project. The conferees also agree to provide $135,914,000 as a limitation on administrative expenses to be 

transferred from the appropriate trust funds, as proposed by the 

Senate, rather than $126,854,000 as proposed by the House. 

FRANKLIN/HAMPSHIRE/HAMPDEN COUNTIES, MASSACHUSETTS

The conferees are aware that the Federal Salary Council has 

recommended that Franklin, Hampshire and Hampden counties, 

Massachusetts, be included into the Hartford Locality Pay Area. 

The conferees are concerned about the difficulties some Federal 

agencies have documented in retaining and attracting Federal employees in the Connecticut River Valley. Accordingly, the conferees 

direct OPM to consider the implementation of the Federal Salary 

Council’s recommendation to include Franklin, Hampshire and 

Hampden counties into the Hartford Locality Pay Area. 

OFFICE OF INSPECTOR GENERAL

The conferees agree to provide $1,498,000 as proposed by the 

House and Senate. 

HUMAN CAPITAL PERFORMANCE FUND

The conferees agree to provide $1,000,000, instead of 

$2,500,000 as proposed by the House and no funds as proposed by 

the Senate. 

OFFICE OF SPECIAL COUNSEL

SALARIES AND EXPENSES

The conferees agree to provide $13,504,000 as proposed by the 

House and Senate. 

1027

UNITED STATES POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

The conferees agree to provide $65,521,000, as proposed by the 

House and Senate. Of this amount $36,521,000 is provided as an 

advance appropriation for free mail for the blind and overseas voters. The conferees include $29,000,000 for prior year reimbursement shortfalls. 

POSTAL FACILITY CONSTRUCTION

The conferees are aware that the Postal Service has had a 

freeze on construction of new postal facilities since 2001. The conferees are also aware that some areas are in desperate need of a 

new facility, and that some facilities are in dire need of renovation. 

The conferees direct the Postal Service to evaluate these needs and 

report within 90 days of the enactment of this Act on localities that 

require a new postal facility, the current conditions of post offices 

in need of renovation, and when a new facility or replacement will 

be built. 

TINTON FALLS, NEW JERSEY

The conferees are concerned about the postal needs of the citizens of Tinton Falls, New Jersey. Although Tinton Falls was placed 

among the top priority postal construction projects in line to receive 

funding in 1996, funding constraints stopped all construction of 

new facilities for several years. The conferees recommend that the 

Postal Service carefully consider the significant need for a new facility in Tinton Falls, and direct the Postal Service to report to the 

Committees on Appropriations on this matter no later than 90 days 

after the enactment of this Act. 

UNITED STATES TAX COURT

SALARIES AND EXPENSES

The conferees agree to provide $40,187,000 as proposed by the 

House and Senate. 

WHITE HOUSE COMMISSION ON THE NATIONAL MOMENT OF

REMEMBRANCE

The conferees agree to provide $250,000 as proposed by the 

House and Senate. 

TITLE V—GENERAL PROVISIONS 

THIS ACT

(INCLUDING TRANSFERS OF FUNDS)

Section 501 allows funds to be used for aircraft; motor vehicles; 

liability insurance; uniforms; or allowances, as authorized by law. 

Section 502 requires pay raises to be funded within appropriated levels. 

Section 503 limits appropriations for services authorized by 5 

U.S.C. 3109 to the rate for an Executive Level IV. 

1028

Section 504 continues the provision prohibiting funds in this 

Act for salaries and expenses of more than 106 political and Presidential appointees in the Department of Transportation, and prohibits political and Presidential personnel to be assigned on temporary detail outside the Department of Transportation. 

Section 505 prohibits pay and other expenses for non-Federal 

parties in regulatory or adjudicatory proceedings funded in this 

Act. 

Section 506 prohibits obligations beyond the current fiscal year 

and prohibits transfers of funds unless expressly so provided. 

Section 507 limits consulting service expenditures in procurement contracts to those of public record. 

Section 508 prohibits funds for the implementation of section 

404 of title 23, USC. 

Section 509 continues the provision prohibiting recipients of 

funds made available in this Act to release personal information, 

including a social security number, medical or disability information, and photographs from a driver’s license or motor vehicle 

record without express consent of the person to whom such information pertains; and prohibits the Secretary from withholding 

funds provided in this Act for any grantee if a state is in noncompliance with this provision. 

Section 510 allows funds received by the Federal Highway Administration, Federal Transit Administration, and the Federal Railroad Administration from States, counties, municipalities, other 

public authorities, and private sources for expenses incurred for 

training to be credited to each agency’s respective accounts. 

Section 511 authorizes the Secretary of Transportation to allow 

issuers of any preferred stock to redeem or repurchase preferred 

stock sold to the Department of Transportation. 

Section 512 continues the provision prohibiting funds in this 

Act unless the Secretary of Transportation notifies the House and 

Senate Committees on Appropriations not less than three full business days before any discretionary grant award, letter of intent, or 

full funding grant agreement totaling $1,000,000 or more is announced by the department or its modal administration. 

Section 513 defines the city of Norman, Oklahoma, as part of 

the Oklahoma City Transportation Management Area. 

Section 514 prohibits funds for the Office of the Secretary of 

Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this Act, unless such assessments or agreements have completed the normal reprogramming process for Congressional notification. 

Section 515 prohibits funds in this Act to be transferred without express authority.

Section 516 allows funds received from certain sources to be 

credited to appropriations using fair and equitable criteria. 

Section 517 reduces the Transportation Working Capital Fund 

by $17,816,000. 

Section 518 includes a new provision allowing that amounts 

from improper payments to a third party contractor that are lawfully recovered by the Department of Transportation shall be available to cover expenses incurred in recovery of such payments. 

1029

Section 519 authorizes the transfer of unexpended sums from 

‘‘Office of the Secretary, Salaries and expenses’’ to ‘‘Minority Business Outreach.’’ 

Section 520 is a limitation involving section 307 of the Tariff 

Act of 1930. 

Section 521 modifies a Senate provision regarding stadium 

overflights. 

Section 522 concerns the employment rights of Federal employees who return to their civilian jobs after assignment with the 

Armed Forces. 

Section 523 requires entities receiving funds to comply with 

the ‘‘Buy America Act’’. 

Section 524 is a sense of the Congress regarding the purchase 

of American-made equipment and products and requires the Secretary of the Treasury to provide a notice describing to all recipients of Federal assistance. 

Section 525 regards the ineligibility of persons found guilty of 

violating ‘‘Made in America’’ labeling provisions from receiving 

funds. 

Section 526 provides that fifty percent of unobligated balances 

may remain available for certain purposes. 

Section 527 restricts the use of funds for the White House to 

request official background reports without the written consent of 

the subject individual. 

Section 528 exempts contracts under FEHBP from certain cost 

accounting standards. 

Section 529 regards travel by the Office of Personnel Management (OPM) with respect to non-foreign area cost of living allowances and allows OPM to accept and utilize, without regard to any 

restriction on unanticipated travel expenses imposed in an Appropriations Act, funds made available pursuant to court approval. 

Section 530 prohibits the use of funds by any person or entity 

convicted of violating the Buy American Act. 

Section 531 prohibits FEHBP funds from being used to cover 

an abortion. 

Section 532 disallows the previous section if the life of the 

mother is at risk or in the case of rape or incest. 

Section 533 outlines the guidelines for the reprogramming of 

funds in the Act. 

Section 534 limits funding for traffic signs in a language other 

than English. 

Section 535 exempts from certain procurement limitations commercially available information technology. 

Section 536 provides a sense of the House of Representatives 

that empowerment zones within cities should have the necessary 

flexibility to expand to include relevant communities so that empowerment zone benefits are equitably distributed. 

Section 537 provides a sense of the House of Representatives 

that all census tracts contained in an empowerment zone, either 

fully or partially, should be equitably accorded the same benefits. 

Section 538 prohibits the use of funds for a proposed rule by 

Treasury relating to the determination that real estate brokerage 

is a financial activity. 

1030

Section 539 provides a sense of Congress that the Department 

of Transportation should consider programs to reimburse certain 

airports for financial losses due to Government actions subsequent 

to the terrorist actions of September 11, 2001. 

Section 540 provides a sense of the House of Representatives 

that public private partnerships could help eliminate some cost 

drivers on certain highway and transit projects. 

Section 541 extends the Breast Cancer Stamp authorization 

(39 USC 414 (h)) until 2005. 

Section 542 restricts funds regarding rules and regulations 

concerning travel agent service fees. 

Section 543 allows the transfer of Nixon Administration Presidential records and materials outside the Washington, D. C. metropolitan area, subject to the control of the Archivist and consistent 

with current laws governing the transfer and storage of Presidential records. 

Section 544 amends the Oklahoma City National Memorial Act 

of 1997. 

Section 545 redesignates unobligated funds from Public Law 

102–240 and Public Law 105–178 to carry out existing bridge and 

ferry projects. 

Section 546 amends Section 345(6), Division I, Public Law 

108–7. 

Section 547 makes certain projects and activities eligible to receive fiscal year 2004 grants.

TITLE VI—GENERAL PROVISIONS 

DEPARTMENTS, AGENCIES, AND CORPORATIONS 

Section 601 authorizes agencies to pay costs of travel to the 

United States for the immediate families of Federal employees assigned to foreign duty in the event of a death or a life threatening 

illness of the employee. 

Section 602 requires agencies to administer a policy designed 

to ensure that all of its workplaces are free from the illegal use of 

controlled substances. 

Section 603 regards price limitations on vehicles to be purchased by the Federal Government. 

Section 604 allows funds made available to agencies for travel, 

to also be used for quarters allowances and cost-of-living allowances. 

Section 605 prohibits the government, with certain specified 

exceptions, from employing non-U.S. citizens whose posts of duty 

would be in the continental U.S. 

Section 606 ensures that agencies will have authority to pay 

GSA bills for space renovation and other services. 

Section 607 allows agencies to finance the costs of recycling 

and waste prevention programs with proceeds from the sale of materials recovered through such programs. 

Section 608 provides that funds may be used to pay rent and 

other service costs in the District of Columbia. 

Section 609 prohibits payments to persons filling positions for 

which they have been nominated after the Senate has voted not to 

approve the nomination. 

1031

Section 610 prohibits interagency financing of groups absent 

prior statutory approval. 

Section 611 authorizes the Postal Service to employ guards and 

give them the same special police powers as other Federal guards. 

Section 612 prohibits the use of funds for enforcing regulations 

disapproved in accordance with the applicable law of the U.S. 

Section 613 limits the pay increases of certain prevailing rate 

employees. 

Section 614 limits the amount of funds that can be used for redecoration of offices under certain circumstances. 

Section 615 allows for interagency funding of national security 

and emergency telecommunications initiatives. 

Section 616 requires agencies, with exceptions, to certify that 

a Schedule C appointment was not created solely or primarily to 

detail the employee to the White House. 

Section 617 requires agencies to administer a policy designed 

to ensure that all workplaces are free from discrimination and sexual harassment. 

Section 618 prohibits the payment of any employee who prohibits, threatens or prevents another employee from communicating with Congress. 

Section 619 prohibits Federal training not directly related to 

the performance of official duties. 

Section 620 prohibits the expenditure of funds for implementation of agreements in nondisclosure policies unless certain provisions are included. 

Section 621 prohibits propaganda, publicity and lobbying by 

executive agency personnel in support or defeat of legislative initiatives. 

Section 622 prohibits any Federal agency from disclosing an 

employee’s home address to any labor organization, absent employee authorization or court order. 

Section 623 prohibits funds from being used to provide nonpublic information such as mailing or telephone lists to any person 

or organization outside the government without the approval of the 

Committees on Appropriations. 

Section 624 prohibits the use of funds for propaganda and publicity purposes not authorized by Congress. 

Section 625 directs agency employees to use official time in an 

honest effort to perform official duties. 

Section 626 authorizes the use of funds to finance an appropriate share of the Joint Financial Management Improvement Program. 

Section 627 authorizes agencies to transfer funds to GSA to finance an appropriate share of the Joint Financial Management Improvement Program, et al. 

Section 628 prohibits the use of funds to limit the options of 

federal agencies in selecting the online employment information 

service of their choice. 

Section 629 permits breast-feeding in a Federal building or on 

Federal property if the woman and child are authorized to be there. 

Section 630 permits interagency funding of the National 

Science and Technology Council and provides for a report on the 

1032

budget and resources of the National Science and Technology 

Council. 

Section 631 requires documents involving the distribution of 

Federal funds to indicate the agency providing the funds and the 

amount provided.

Section 632 extends the authorization for franchise fund pilots 

for one year in order to allow the Administration to evaluate their 

results and make a decision regarding permanent authority. 

Section 633 prohibits the use of funds to monitor personal information relating to the use of Federal Internet sites to collect, review, or create any aggregate list that includes personally identifiable information relating to access to or use of any federal Internet 

site of such agency. 

Section 634 requires health plans participating in the FEHBP 

to provide contraceptive coverage and provides exemptions to certain religious plans. 

Section 635 provides recognition of the U.S. Anti-Doping Agency as the official anti-doping agency. 

Section 636 requires a report by the Inspector Generals detailing policies and procedures for implementing portions of the Rural 

Development Act, 1972. 

Section 637 prohibits funds made available in this or any other 

Act from being used to purchase goods or services from Federal 

Prison Industries, Inc., unless such goods or services provide the 

best value. 

Section 638 requires each agency to evaluate the creditworthiness of an individual before issuing the individual a specific charge 

card. 

Section 639 allows the extension of the Federal Election Commission’s administrative fine program for two years. 

Section 640 requires that the adjustment in rates of basic pay 

for the statutory pay systems that takes effect in fiscal year 2004 

shall be an increase of 4.1 percent. 

Section 641 allows for the timely filing of reports with the Federal Election Commission using overnight delivery, priority, or express mail. 

Section 642 allows funds appropriated for official travel to participate in the fractional aircraft ownership pilot program. 

Section 643 restricts the ability of federal agencies to construct 

or lease federal law enforcement training facilities except with Congressional approval. 

Section 644 prohibits the use of funds to implement or enforce 

regulations for locality pay areas that are inconsistent with Federal 

Salary Council recommendations. 

Section 645 requires a report from each Federal agency on acquisitions from entities that manufacture the articles, materials, or 

supplies outside of the United States. 

Section 646 prohibits OPM from using any funds to implement 

the proposed regulations relating to the detail of executive branch 

employees to the legislative branch, with technical modifications. 

Section 647 prohibits the use of funds to convert an activity or 

function of an Executive agency to contractor performance, with 

certain exceptions. 

1033

Section 648 provides for the funding of airport operations at 

Midway Atoll Airfield. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2004 recommended by the Committee of Conference, with comparisons to the fiscal year 2003 amount, the 2004 budget estimates, 

and the House and Senate bills for 2004 follow:

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2003 ........................ $44,637,545

Budget estimates of new (obligational) authority, fiscal year 2004 45,507,343

House bill, fiscal year 2004 ................................................................... 45,553,216

Senate bill, fiscal year 2004 .................................................................. 46,276,508

Conference agreement, fiscal year 2004 .............................................. 45,267,993

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2003 ............. +630,448

Budget estimates of new (obligational) authority, fiscal year 

2004 .............................................................................................. ¥239,350

House bill, fiscal year 2004 ........................................................ ¥285,223

Senate bill, fiscal year 2004 ....................................................... ¥1,008,515

DIVISION G—DEPARTMENTS OF VETERANS AFFAIRS AND 

HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS 

The language and allocations set forth in House Report 108–

235 and Senate Report 108–143 should be complied with unless 

specifically addressed to the contrary in the conference report and 

statement of the managers. Report language included by the House 

which is not changed by the report of the Senate or the conference 

and Senate report language which is not changed by the conference 

is approved by the committee of the conference. The statement of 

the managers, while repeating some report language for emphasis, 

does not intend to negate the language referred to above unless expressly provided herein. In cases where the House or Senate have 

directed the submission of a report, such report is to be submitted 

to both House and Senate Committees on Appropriations. 

OPERATING PLAN AND REPROGRAMMING PROCEDURES

The conferees continue to have a particular interest in being 

informed of reprogrammings which, although they may not change 

either the total amount available in an account or any of the purposes for which the appropriation is legally available, represent a 

significant departure from budget plans presented to the Committees in an agency’s budget justifications, the basis of this appropriations Act. 

Consequently, the conferees direct the departments, agencies, 

boards, commissions, corporations and offices funded at or in excess 

of $100,000,000 in this bill, to consult with the Committees on Appropriations in both the House and Senate prior to each change 

from the approved budget levels in excess of $500,000 between programs, activities, object classifications or elements unless otherwise 

provided for in the statement of the managers accompanying this 

Act. For agencies, boards, commissions, corporations and offices 

funded at less than $100,000,000 in this bill, the reprogramming 

threshold shall be $250,000 between programs, activities, object 

1034

classifications or elements unless otherwise provided for in the 

statement of the managers accompanying this Act. Additionally, 

the conferees expect the Committees on Appropriations to be 

promptly notified of all reprogramming actions which involve less 

than the above-mentioned amounts. If such actions would have the 

effect of significantly changing an agency’s funding requirements in 

future years, or if programs or projects specifically cited in the 

statement of the managers or accompanying reports of the House 

and Senate are affected by the reprogramming, the reprogramming 

must be approved by the Committees on Appropriations regardless 

of the amount proposed to be moved. Furthermore, the conferees 

direct that the Committees on Appropriations be consulted regarding reorganizations of offices, programs, and activities prior to the 

planned implementation of such reorganizations. 

The conferees also direct that the Departments of Veterans Affairs and Housing and Urban Development, as well as the Corporation for National and Community Service, the Environmental Protection Agency, the National Aeronautics and Space Administration, the National Science Foundation, the Consumer Product Safety Commission, and the Chemical Safety and Hazard Investigation 

Board shall submit operating plans, signed by the respective secretary, administrator, or agency head, for review by the Committees on Appropriations of both the House and Senate within 60 

days of enactment of this Act. Other agencies within this Act 

should continue to submit operating plans consistent with prior 

year policy, or as directed in this statement of the managers. 

The conferees reiterate language proposed by the House regarding the Committees’ longstanding position that while the Committees reserve the right to call upon all offices in the departments, 

agencies, boards, and commissions, access to the budget offices is 

essential. 

TITLE I—DEPARTMENT OF VETERANS AFFAIRS 

In addition to the directives above, the conferees direct that no 

changes may be made to any account or objective, except as approved by the Committees, if it is construed to be policy or change 

in policy. It is the intent of the conferees that all carryover funds 

in the various appropriations accounts are subject to the normal reprogramming requirements outlined above. The Department is directed to notify the Committees on Appropriations should the loan 

limitation of any program administered by the Department be met 

or exceeded. 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

Appropriates $29,845,127,000 for compensation and pensions 

as proposed by both the House and the Senate, of which not more 

than $17,056,000 is to be transferred to general operating expenses 

and medical services. 

1035

READJUSTMENT BENEFITS

Appropriates $2,529,734,000 for readjustment benefits as proposed by both the House and the Senate. 

VETERANS INSURANCE AND INDEMNITIES

Appropriates $29,017,000 for veterans insurance and indemnities as proposed by both the House and the Senate. 

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates such sums as may be necessary for costs associated with direct and guaranteed loans from the veterans housing 

benefit program fund program account as proposed by both the 

House and the Senate, plus $154,850,000 to be transferred to and 

merged with general operating expenses. 

EDUCATION LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $1,000 for the costs of direct loans from the education loan fund program account as proposed by both the House 

and the Senate, plus $70,000 to be transferred to and merged with 

general operating expenses. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $52,000 for the costs of direct loans from the vocational rehabilitation loans program account as proposed by both 

the House and the Senate, plus $300,000 to be transferred to and 

merged with general operating expenses. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $571,000 for administrative expenses of the native American housing loan program account to be transferred to 

and merged with general operating expenses as proposed by both 

the House and the Senate. Provides a loan limitation of 

$50,000,000 for the program instead of $40,000,000 as proposed by 

the House. The Senate did not provide a loan limitation for this 

program. 

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

Provides up to $600,000 of the funds available in medical services and general operating expenses to carry out the guaranteed 

transitional housing loans for homeless veterans program instead 

of $350,000 as proposed by the House and $750,000 as proposed by 

the Senate. Retains the reporting requirement regarding the status 

of the loan program as proposed by the Senate. The conferees are 

concerned that this program simply does not meet the needs of the 

organizations for which it is intended. 

1036

VETERANS HEALTH ADMINISTRATION

The conferees have agreed to provide total resources of 

$28,569,220,000 to fund the various operating programs of the Veterans Health Administration (VHA), an increase of $1,570,000,000 

over the appropriation request level. None of the funds are contingent upon an emergency declaration. Further, the conferees have 

agreed to fund VHA through a new account structure comprised of 

four accounts: medical services, medical administration, medical facilities, and medical and prosthetic research. The conferees have 

taken this action to provide better oversight and receive a more accurate accounting of funds. 

MEDICAL SERVICES

Provides $17,867,220,000 to finance medical services for all 

veterans and beneficiaries in VA, State, and contract medical facilities.

Deletes bill language proposed by the House and the Senate 

delaying the availability of funds. 

Retains bill language making $1,100,000,000 available until 

September 30, 2005, as proposed by the Senate. 

Retains bill language providing the Secretary with the authority to establish a priority system for veterans seeking medical care 

as proposed by the Senate. The House included similar authority 

as an administrative provision. 

Retains bill language proposed by the Senate allowing the Secretary to give priority to medical services for priority 1–6 veterans. 

The House instead proposed a separate account for priority 1–6 

veterans. 

Retains bill language allowing the transfer of up to 

$400,000,000 to the construction, major projects account for the 

purposes of implementing Capital Asset Realignment for Enhanced 

Services (CARES) recommendations as proposed by the Senate. 

The conferees direct the VA to notify the Committees on Appropriations prior to the transfer of funds for this purpose as stated in 

Senate Report 108–143. 

Modifies bill language proposed by the Senate allowing the 

Secretary to fill privately written prescriptions from VA facilities 

for designated veterans. The conferees agree that such benefit 

should not result in additional cost to the VA. The House did not 

include a similar provision. The conferees direct the Secretary to 

collect and independently verify data on the costs and benefits of 

this new drug benefit and submit a report to the Committees on 

Appropriations by March 2, 2004, detailing the number of veterans 

who would utilize such benefit, as well as costs or savings to the 

VA. 

Moves bill language proposed by the Senate in medical care directing the Secretary to conduct a recovery audit program. Instead, 

the conference agreement includes the provision under administrative provisions as proposed by the House. 

Moves bill language proposed by the Senate transferring the 

balances from the medical care collections fund into medical care 

for the purposes of that account. Instead, the conference agreement 

1037

includes a similar provision as a separate section under administrative provisions. 

Reiterates report language included in House Report 108–235 

directing the establishment of two Mental Illness Research, Education and Clinic Centers. 

Reiterates language included in Senate Report 108–143 directing VA to collaborate fully with the Department of Defense in the 

VET-HEAL program. 

The conferees encourage the VA to continue developing collaborative agreements with medical schools at Historically Black Colleges and Universities and minority serving institutions in the 

areas of research, residency programs and the delivery of health 

care services. 

The conferees strongly encourage the Department to pursue 

aggressively new technologies available for diagnosing colorectal 

cancer which are less invasive, less expensive and provide equal or 

better patient evaluations than older methods. 

The conferees urge the Department to provide by April 2, 2004, 

information on VA compliance rates with VHA Directive 2003–017, 

the treatment of Acute Myocardial Infarction (AMI), and an evaluation of FDA-approved technologies which could assist doctors in 

meeting the goals of that directive. 

MEDICAL ADMINISTRATION

Appropriates $5,000,000,000 for the expenses of the headquarters offices of the Veterans Health Administration as well as 

the costs of Veterans Integrated Service Network (VISN) offices 

and facility directors, all information technology hardware and software, legal services, billing and coding activities, procurement, and 

related activities. 

Includes language allowing $150,000,000 of the funds to be 

available until September 30, 2005. 

The conferees agree that the Department must continue research oversight activities at a level not less than directed in the 

fiscal year 2003 appropriations Act. Further, the conferees reiterate 

the language contained in House Report 108–235 regarding the reporting and consulting requirements of the oversight board. 

The conferees are concerned that the realignment recommendations of the CARES Commission may lead to a reduction 

in long-term care, domiciliary care, and mental health services. The 

VA is expected to expedite the strategic planning process for these 

services. Based on the Secretary’s statements the conferees urge 

that no closures or reduction in long-term care, domiciliary care, 

and mental health services will take place until the full analysis 

is completed. The VA should submit updates on their progress in 

this effort to the Committees on Appropriations. 

The conferees encourage the VA to consider all travel issues, 

such as road conditions, number of lanes on access highways, and 

seasonal changes in and other factors relating to the weather, in 

any analysis on the future needs of veterans health care. Further, 

the CARES Commission should give as much attention to solving 

the special needs of veterans who live in rural areas as it does to 

providing for the health care needs of veterans living in more highly populated areas and include in its recommendations investments 

1038

and initiatives to achieve the Department’s accessibility standard 

for primary health care in rural and highly-rural health care markets. 

The conferees recognize the benefits of and the need to have 

CARES-related hearings within 30 miles of all facilities facing closure or a significant realignment of services, as well as the need 

for veterans participation at these hearings. The VA is encouraged 

to hold hearings in all affected communities following the Secretary’s final recommendation. 

Finally, the conferees direct the Secretary, prior to implementing any facility closure as recommended in the final CARES 

plan, to develop recommendations for future use of such facilities 

(including, but not limited to, enhanced-use lease opportunities and 

clinics) and submit a report to the House and Senate Committees 

on Appropriations on the recommendations for each facility. 

To ensure improved security, greater control, and unified manageability of information technology systems, the conferees direct 

the VA to consolidate critical applications including all business/

corporate applications, messaging, office automation, and relevant 

medical systems applications at no more than six sites nationwide 

for the purpose of providing business continuity capabilities between each site to ensure continuity of operations of mission critical VA activities. 

MEDICAL FACILITIES

Appropriates $4,000,000,000 for the operation, maintenance 

and security of VHA’s capital infrastructure. Included under this 

heading are provisions for the costs associated with utilities, engineering, capital planning, leases, laundry and food services, 

grounds keeping, garbage, housekeeping, facility repair, and property disposition and acquisition. None of the funds for the land and 

structures object classifications are subject to delay. Inserts new language allowing $150,000,000 of the funds to be 

available until September 30, 2005.

The conferees direct the Secretary of Veterans Affairs to make 

the North Chicago VA Medical Center available to the Navy to the 

maximum extent feasible, including the modification of its surgical 

suites. The conferees also direct the Secretary to finalize, in consultation with the Secretary of the Navy, site selection for a new 

joint Navy/VA ambulatory care center to serve both veterans and 

active duty naval personnel in this community. The conferees urge 

the Secretary to study the placement of the clinic adjacent to the 

North Chicago VA Medical Center. The Secretary shall report to 

the Committees on Appropriations on the site selection and 

progress on the surgical suite and urgent care modifications by 

July 30, 2004. 

The conferees are aware of a pending enhanced-use lease 

agreement between the Department of Veterans Affairs and the 

City of Fort Thomas, Kentucky for twelve residential buildings. 

The conferees direct the Secretary, prior to executing the enhanceduse lease agreement, to offer to transfer one of the residential properties to the U.S. Army Corps of Engineers to be used as the residence for the Commander of the Great Lakes and Ohio River Division, if the Secretary determines it is cost-beneficial to the DepartVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01042 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1039

ment. As a condition of the transfer, the U.S. Army Corps of Engineers will assume responsibility and costs for all utilities and all 

related access issues of the transferred property, and property compliance with City historic preservation codes and any residential 

association regulations. Further, the U.S. Army Corps of Engineers 

will grant an access easement to recognize the existing alley that 

is used for vehicular access to the adjacent properties. 

MEDICAL AND PROSTHETIC RESEARCH

Appropriates $408,000,000 for medical and prosthetic research 

as proposed by the House instead of $413,000,000 as proposed by 

the Senate. The conferees direct the continued partnership with the 

National Technology Transfer Center at the current level of effort. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

Appropriates $1,283,272,000 for general operating expenses as 

proposed by both the House and Senate. 

Provides not less than $1,005,000,000 for the Veterans Benefits 

Administration (VBA) as proposed by the House instead of 

$1,004,704,000 as proposed by the Senate. 

Provides two-year availability for $66,000,000 as proposed by 

the House instead of $64,000,000 as proposed by the Senate. 

Deletes the travel limitation proposed by the House. The Senate did not include a travel limitation. 

The conferees direct VA to proceed with information technology 

initiatives supporting the Department’s enterprise architecture and 

continuity of operations capabilities and direct that not less than 

$25,000,000 be allocated for these activities Department-wide. 

The conferees encourage the Department to undertake the conversion of paper claims at the VBA to a digital format consistent 

with the paperless claim initiative. 

NATIONAL CEMETERY ADMINISTRATION

Appropriates $144,203,000 for the National Cemetery Administration as proposed by the Senate instead of $144,223,000 as proposed by the House. Provides two-year obligation authority for 

$7,200,000 of the appropriated funds as proposed by the Senate instead of one-year availability for all funds as proposed by the 

House. 

The conferees strongly urge the Department to continue efforts 

at the Johnson’s Island Cemetery in Sandusky, Ohio to determine 

if veterans are interned under a roadway bordering the cemetery 

and report back to the Committees on Appropriations of their findings. 

OFFICE OF INSPECTOR GENERAL

Appropriates $62,000,000 for the Office of Inspector General 

instead of $62,250,000 as proposed by the Senate and $61,750,000 

as proposed by the House. 

1040

CONSTRUCTION, MAJOR PROJECTS

Appropriates $272,690,000 for construction, major projects as 

proposed by the Senate instead of $274,690,000 as proposed by the 

House. The conferees have included bill language proposed by the 

Senate which defines a major construction project as one where the 

estimated cost is more than the amount set forth in 38 U.S.C. 

8104(a)(3)(A), instead of a definite dollar amount as proposed by 

the House. The conferees are aware that the authorizing committees of jurisdiction have legislation pending which would raise the 

current $4,000,000 project threshold and have referenced the appropriate citation in lieu of a dollar amount in anticipation of new 

legislation. 

The conference agreement includes $181,000,000 to support 

construction projects supporting recommendations of the CARES 

plan, instead of $173,000,000 as proposed by the House and 

$183,000,000 as proposed by the Senate. Additional recommendations of the conferees are as follows:

Description House Report

108–235 

Senate Report

108–143 

Conference Agree- ment 

CARES ............................................................................................. $173,000,000 $183,000,000 $181,000,000 

VHA Advance Planning Fund .......................................................... 25,000,000 15,000,000 15,000,000 

VHA Asbestos .................................................................................. 5,000,000 5,000,000 5,000,000 

VHA Claims ..................................................................................... 2,000,000 2,000,000 2,000,000 

VHA Judgment ................................................................................. 10,000,000 10,000,000 10,000,000 

VHA Hazardous Waste ..................................................................... 1,000,000 1,000,000 1,000,000 

VBA .................................................................................................. 271,000 271,000 271,000 

NCA Phase I Development: Detroit, MI ........................................... 8,700,000 8,700,000 8,700,000 

NCA Expansion: Ft. Snelling, MN .................................................... 24,800,000 24,800,000 24,800,000 

NCA Expansion: Barrancas, FL ....................................................... 12,000,000 12,000,000 12,000,000 

NCA Design Funds .......................................................................... 6,000,000 6,000,000 6,000,000 

NCA Advance Planning Fund .......................................................... 4,919,000 2,919,000 4,919,000 

Staff Offices .................................................................................... 2,000,000 2,000,000 2,000,000 

The conferees direct continued efforts and planning to co-locate 

the Denver VA Medical Center with the University of Colorado 

Hospital and a Department of Defense medical facility at the Fitzsimmons campus. 

The conference agreement does not include specific planning 

funds for a clinic at the Defense Supply Center due to a lack of authorization, but the conferees encourage the Secretary of Veterans 

Affairs to continue working with the Secretary of Defense to identify a suitable construction site in anticipation of future project authorization. 

The conferees direct the Secretary of Veterans Affairs to continue the current development of a cemetery annex on property 

transferred from the Miramar Naval Air Station. 

The conferees reiterate language included in Senate Report 

108–143 and House Report 108–235 regarding the disposal of the 

Lakeside VA Medical Center, full funding for implementation of the 

CARES recommendations, public-private partnerships for new facility construction, a requirement that the Department submit a 

comprehensive CARES plan, and the requirement that all construction be consistent with CARES or the national cemetery studies. 

1041

CONSTRUCTION, MINOR PROJECTS

Appropriates 252,144,000 for construction, minor projects as 

proposed by both the House and the Senate. The conferees have included bill language proposed by the Senate which defines a minor 

construction project as one where the estimated cost is equal to or 

less than the amount set forth in 38 U.S.C. 8104(a)(3)(A), instead 

of a definite dollar amount as proposed by the House. The conferees are aware that the authorizing committees of jurisdiction 

have legislation pending which would raise the current 4,000,000 

project threshold and have referenced the appropriate citation in 

lieu of a dollar amount in anticipation of new legislation. 

The conference agreement provides up to 40,000,000, instead of 

35,000,000 as proposed by the House and 42,000,000 as proposed 

by the Senate, for construction projects implementing CARES recommendations, to be available upon notification of and approval by 

the Committees on Appropriations. 

The conferees strongly urge the Department to allocate a 

greater percentage of its construction budget for quality and safety 

improvements to research facilities. 

The conferees reiterate language contained in House Report 

108–235 regarding the requirement that all VA construction be 

consistent with CARES or the national cemetery studies, project 

approval by a central VA capital review board, and Deputy Secretary approval for any group of projects where the total costs exceed the major/minor construction threshold. 

The conferees direct the Department to proceed with the 

planned acquisition and development of a parking lot at the St. 

Louis VA Medical Center, John J. Cochran Division, using appropriations previously provided for in construction, minor projects. 

The Department is encouraged to explore the possibility of an enhanced-use lease partnership to establish a structured parking facility on the site. 

PARKING REVOLVING FUND

The conference agreement does not include the House proposal 

for a separate parking revolving fund account. Rather, the conferees have agreed to the administrative provision proposed by the 

Senate which deposits receipts from the parking revolving fund 

into the medical care collections fund for medical services. Authority for construction or alteration of a parking facility is now included under the construction, major projects and construction, 

minor projects accounts. 

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

Appropriates $102,100,000 for grants for construction of state 

extended care facilities as proposed by both the House and the Senate. 

The conferees encourage the Department to work with the 

State of New Jersey as that state applies for a grant. 

GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

Appropriates $32,000,000 for grants for construction of state 

veterans cemeteries as proposed by both the House and the Senate. 

1042

ADMINISTRATIVE PROVISIONS

(INCLUDING RESCISSION OF FUNDS)

Retains the first twelve administrative provisions which were 

carried in both the House and Senate bills, and which have been 

carried in previous years. 

Retains the provision proposed by the Senate allowing the Department to reimburse the Office of Resolution Management up to 

$29,318,000 and the Office of Employment Discrimination Complaint Adjudication up to $3,059,000 from fiscal year 2004 salary 

and expenses accounts. 

Retains the provision proposed by the House providing 

$25,000,000 of VA’s total information technology budget for enterprise architecture activities under the Office of the Chief Information Officer. 

Retains the provision proposed by the Senate regarding implementation of Public Law 107–287 by prohibiting funds for implementation of section 2 and section 5. 

Deletes the provision proposed by the House allowing the Secretary to establish a priority system for veterans seeking medical 

services. The conference agreement instead includes in medical 

services a similar provision proposed by the Senate in medical care. 

Retains the provision proposed by the Senate merging various 

receipt accounts of the Department of Veterans Affairs into the 

Medical Care Collections Fund. 

Retains the provision proposed by the House directing the Secretary to conduct a recovery audit program. 

Retains the provision proposed by the Senate allowing the Secretary to transfer enhanced-use lease revenue from the Medical 

Care Collections Fund to the construction accounts. 

Retains the provision proposed by the House allowing the Secretary to furnish recreation services and pay funeral expenses. The 

Senate proposed an almost identical provision under medical care. 

Modifies the provision transferring all balances in the medical 

care collections fund to medical services. Both the House and Senate included provisions transferring the receipts from the medical 

care collections fund to medical accounts in different parts of the 

bill. 

Modifies language proposed by the House allowing the transfer 

of funds between Veterans Health Administration accounts. 

Deletes without prejudice language proposed by the House renaming the Houston VAMC. The conferees defer to the jurisdiction 

of the relevant authorizing committees. 

Deletes the provision proposed by the House directing the Secretary to report on sharing agreements with the Department of Defense. Report language is instead included under the medical facilities account. 

Inserts a provision directing VA to implement the revised VHA 

account structure within 90 days of enactment and to submit the 

fiscal year 2005 budget justification using the account structure included in this Act. 

Inserts a provision rescinding $270,000,000 of prior year funds 

from medical care. This funding is re-appropriated to medical servVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01046 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1043

ices. The Senate proposed an identical provision under medical 

care. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

The conferees restate the reprogramming requirements with 

respect to amounts approved for each appropriations account within this title. The Department must limit the reprogramming of 

funds between the programs, projects, and activities within each 

account to not more than $500,000 without prior approval of the 

Committees on Appropriations. Unless otherwise identified in this 

statement of managers or committee reports, the most detailed allocation of funds presented in the budget justifications shall be considered to be approved, with any deviation from such approved allocation subject to the normal reprogramming requirements outlined above. Further, it is the intent of the conferees that all carryover funds in the various accounts, including recaptures and 

deobligations, are subject to the normal reprogramming requirements outlined above. Further, no changes may be made to any 

program, project, or activity if it is construed to be policy or a 

change in policy, without prior approval of the Committees. Finally, 

the conferees expect to be notified regarding reorganizations of offices, programs or activities prior to the planned implementation of 

such reorganizations, as well as be notified, on a monthly basis, of 

all ongoing litigation, including any negotiations or discussions, 

planned or ongoing, regarding a consent decree between the Department and any other entity. 

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

Appropriates $19,371,481,762 instead of $18,580,606,000 as 

proposed by the House and $18,433,606,000 as proposed by the 

Senate. This amount is $2,259,868,941 over the amounts provided 

in fiscal year 2003 and represents a 13.2 percent increase. The conference agreement does not include language proposed by the Senate to require the Secretary to make available other funds should 

funds provided be insufficient. 

In lieu of any direction included in the House and Senate reports, unless otherwise provided for below, the Department is directed to use the guidance set forth below in administering the programs under this account in fiscal year 2004. 

The conference agreement includes language to allocate funds 

among the various activities as follows: 

Renewals.—The conference agreement provides a total of 

$17,635,130,745 for renewals of section 8 vouchers, section 8 

project-based assistance, and moderate rehabilitation contracts, instead of $16,445,578,000 as proposed by the House and 

$16,202,616,000 as proposed by the Senate. The amount provided 

represents a $2,467,419,924, or 16 percent, increase over the fiscal 

year 2003 level for renewals. 

1044

Pursuant to the budget request, the conference agreement assumes funding for project-based section 8 contract amendment 

needs in fiscal year 2004 will be met through recaptures. 

The conferees are concerned about the spiraling increase in the 

cost of providing assistance under the voucher program. The conferees are aware that the national average cost per voucher has increased at a rate of more than double the average increase in the 

private rental market in each of the last two years, including a 10 

percent increase in 2002 and an additional estimated 9 percent increase in 2003. At the same time, the rental housing market has 

softened. The conferees are aware that the Secretary has the administrative authority to control the rapidly rising costs of renewing expiring annual contributions contracts (ACC), including the 

budget based practice of renewing expiring ACCs, and expect the 

Secretary to utilize these tools. 

Because of the alarming increases to the cost of rents under 

the section 8 tenant-based program the conferees direct HUD to report to the House and Senate Committees on Appropriations by 

July 31, 2004, on the underlying reasons for these annual increases 

in the average costs of section 8 rents. While the conferees support 

efforts by PHAs to increase their utilization of vouchers to serve 

additional families, PHAs must manage their programs in a prudent manner to maximize the number of families served. Therefore, 

the report needs to (1) identify all the laws, regulations and policies 

that currently govern the setting of voucher rents; (2) review the 

implementation of these laws, regulations and policies by public 

housing agencies and HUD in areas where the voucher rents appear to be inconsistent with the cost of comparable housing in the 

unsubsidized rental housing market; (3) the costs associated with 

such laws, regulations and policies; and (4) recommendations to 

maximize the delivery of assistance under the section 8 program. 

Language proposed by the Senate is not included to limit the 

contract terms for renewals under the Emergency Low Income 

Housing Preservation Act of 1987 (ELIHPRA) and the Low Income 

Housing Preservation and Resident Homeownership Act of 1990 

(LIHPRA). The House did not propose a similar provision. To the 

extent that the renewal of such contracts is in the best interest of 

the Federal government, the Department may enter into contract 

terms consistent with other project-based programs. However, the 

conferees direct that funding for such renewals be limited to a oneyear term as required in the annual appropriations Act. 

Language is included, modified from language proposed by the 

House and Senate, to renew expiring section 8 tenant-based annual 

contributions contracts for each public housing agency based on the 

total number of unit months reported under lease by the PHA on 

its most recent end-of-year financial statement or as adjusted by 

such additional information submitted by the PHA as of August 1, 

2003, and by applying an inflation factor based on local or regional 

inflation factors to the actual per unit cost. 

Language is included as proposed by the House prohibiting 

funds from being used to support a total number of unit months 

under lease which exceeds a PHA’s authorized level of units under 

contract, instead of language proposed by the Senate authorizing 

funds to be used to fund over-leased units under certain conditions. 

1045

The conferees direct the Department to allow maximum flexibility under the law in order to allow PHAs to be temporarily overissued and/or over-leased due to efforts to reach full leasing. While 

PHAs may become temporarily over-leased, they may not, at any 

time, exceed their total unit month allocation (12 months times 

total number of authorized vouchers) for its fiscal year. 

If a PHA over-issues and over-leases vouchers to such an extent that it exceeds its total unit month allocation for its fiscal 

year, the Department shall take any appropriate action to ensure 

that funding for such over-leasing does not occur, including the recapture or withholding of funds. In addition, the Department may 

take whatever administrative actions are available to it to reprimand or sanction PHAs that have over-issued or over-leased in 

a manner that displays a negligent or intentional disregard for the 

limits on voucher renewals and leasing set by the Congress. 

The conferees understand that during 2003 some PHAs overissued and over-leased vouchers to a level that exceeds their maximum total unit month allocation. The conferees expect such PHAs 

to take all actions necessary to stay within their fiscal year 2004 

total unit month allocation and direct the Department to ensure 

compliance with such limitation. In the interim, such PHAs may 

use balances derived from funds provided prior to fiscal year 2003 

that remain in their administrative fee reserves and program reserves, if necessary, to ensure that currently housed families may 

continue to use their section 8 vouchers. However, in no case shall 

funds derived from fiscal year 2003 appropriations or funds provided in this Act be used for such purpose. 

Central Reserve Fund.—$136,846,017 for a central reserve fund 

instead of $568,503,000 as proposed by the House and 

$461,329,000 as proposed by the Senate. Modified language is included to allow the Secretary to use the Central Fund, as necessary, for additional units not under lease on August 1, 2003, but 

not to exceed the authorized contracted level. Language proposed 

by the House and Senate is not included to allow the Central Fund 

to also be used for increased per unit costs as such costs have been 

reflected in the amount provided for renewals. 

Language is included as proposed by the House prohibiting 

funds made available in the central fund from being used to support a total number of units under lease in excess of a PHA’s authorized level of units. The Senate proposed language to require 

the Secretary to make available funds for additional units under 

lease to maintain a PHA’s authorized voucher level throughout the 

year, including turnover and reissued vouchers is not included. In 

addition, language proposed by the Senate requiring the Secretary 

to make available other funds should the amount provided be insufficient to maintain such a level is not included. 

Language proposed by the Senate is not included authorizing 

the Secretary to use up to $36,000,000 from the central fund for 

incremental vouchers for non-elderly and disabled families impacted by elderly-only designations in public housing. The House 

did not include similar language. 

Modified language is included, similar to language proposed by 

the House, requiring the Secretary to submit quarterly reports to 

the Committees on Appropriations on the obligation of funds proVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01049 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1046

vided in the central fund. Such report shall include the following: 

the amounts made available from the central fund provided for additional units not under lease as of August 1, 2003, delineated by 

PHA, and the total balance remaining in the fund. The first such 

report is due no later than May 1, 2004. 

Tenant Protection.—$206,495,000 for rental subsidies for tenant protection activities to replace project-based section 8 assistance with section 8 vouchers, for conversion of section 202 and section 23 projects to section 8 assistance, for the family reunification 

program and for the witness protection program, as proposed by 

the House instead of $252,203,000 as proposed by the Senate. 

Family Self Sufficiency Coordinators.—$48,000,000 for service 

coordinator staff in each public housing agency as proposed by the 

House, instead of $72,000,000 as proposed by the Senate.

Administrative Costs—Section 8 Voucher Program.—Not to exceed $1,242,000,000 for PHA administrative costs and other expenses, instead of $1,209,020,000 as proposed by the House and 

$1,339,448,400 as proposed by the Senate. 

In lieu of language proposed by the Senate to allocate funds 

pursuant to the formula specified in section 8(q) of the United 

States Housing Act of 1937 and language proposed by the House 

giving the Secretary the flexibility to determine the allocation of 

funds, the conference agreement includes new language as described below. 

Of this amount, not to exceed $1,192,000,000 shall be allocated 

on a pro rata basis to PHAs based on the amount of funding they 

were eligible to receive in 2003 or would have been eligible to receive notwithstanding the reductions due to excess administrative 

fee balances pursuant to the fiscal year 2003 Act. In addition, up 

to $50,000,000 is available to be allocated at the Secretary’s discretion to PHAs that need additional funds to administer their section 

8 programs in fiscal year 2004. New language is also included requiring that these funds be distributed as provided for in this Act 

notwithstanding any other provision of law. 

Language is included as proposed by the House prohibiting any 

funds provided under this, or any other Act, from being used to 

supplement the amounts designated in this account for administrative expenses. The Senate did not include similar language. 

Modified language is included similar to language proposed by 

the House limiting the use of section 8 administrative reserves to 

activities related to the provision of section 8 rental assistance, including related development activities. The Senate did not include 

similar language. 

Language proposed by the House is not included to require the 

Secretary to recapture certain unspent administrative fees. The 

Senate did not include similar language. 

The conferees are concerned that neither HUD nor the public 

housing agencies complied fully with requirements in the FY 2003 

appropriations Act that reduced the payment of section 8 administrative fees to public housing agencies based on the amount of 

funds in their administrative fee accounts as of January 31, 2003. 

The conferees understand that the amounts PHAs disclosed to 

HUD to comply with the requirements of the Act were far less than 

expected. Therefore, the conferees direct GAO to review compliance 

1047

with the provisions of the Act. GAO is expected to report on these 

issues no later than April 10, 2004, to the House and Senate Committees on Appropriations. 

Administrative Costs—Project-Based Section 8 Program.—

$100,000,000 for contractors to administer the project-based section 

8 program, the same amount proposed by the House and Senate. 

Working Capital Fund.—Not less than $3,010,000 for transfer 

to the Working Capital Fund for the development of and modifications to information technology systems as proposed by both the 

House and the Senate. 

The conference agreement does not include a provision proposed by the Senate bill to designate up to $3,000,000 for an outside audit of the funds included for the various programs covered 

by the Housing Certificate Fund. The House did not include a similar provision. Instead, the conferees direct GAO to conduct an audit 

of this account, including a review of how funds are accounted for 

and allocated by program and activity. The report should identify 

the sources and uses for section 8 funds obligated by the Department in fiscal years 2002 and 2003. In particular, GAO should review HUD’s method of accounting for all programs and activities 

covered by this account as well as how public housing agencies 

maintain and account for their use of these funds for each program 

and activity (including the use of section 8 reserves and how public 

housing agencies track expenditures). The final report on the findings in the audit is due to the House and Senate Committees on 

Appropriations no later than July 15, 2004, and is directed to include recommendations to improve the quality and timeliness of information as to the actual costs of each program and activity and 

the amount of any carryover or unused funds. 

The conferees direct the Department to provide a report to the 

Committees on Appropriations no later than April 1, 2004, on the 

status of implementation of the Public and Indian Housing Information Center (PIC). 

Language is included as proposed by the House allowing the 

Secretary to transfer up to 15 percent of the funds provided for renewals, the central fund and administrative fees to supplement 

amounts provided for renewals and the central fund under certain 

circumstances and in accordance with certain procedures. The Senate proposed similar language. 

Includes language permanently requiring all PHAs to submit 

accounting data for funds provided under this account in this Act 

or any other Act by source of funds and purpose of such funds as 

proposed by the Senate. The House did not include similar language. 

Includes language rescinding $2,844,000,000 from unobligated 

balances of funds appropriated in fiscal year 2003 and prior years, 

instead of $1,372,000,000 as proposed by the House and the Senate. Includes language allowing unobligated balances in programs 

governed by reallocation provisions to be used to meet this rescission as proposed by the House and the Senate. 

1048

PUBLIC HOUSING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

Appropriates $2,712,255,000 for the public housing capital fund as proposed by the House instead of $2,641,000,000 as proposed by the Senate. 

Does not include language proposed by the House and Senate 

designating a portion of funds to be allocated only to those PHAs 

that have met certain obligation and expenditure requirements, nor 

is language included proposed by the House to nullify such requirements upon publication of a final rule implementing the obligation 

and expenditure requirements set forth in the Quality Housing and 

Workforce Responsibility Act of 1998 (QHWRA). The conferees note 

that the provisions proposed in both bills were carried in prior appropriations Acts as an interim procedure to allocate funds to high 

performing PHAs until such time as the Department implemented 

the timeliness requirements set forth in section 9(j) of QHWRA. 

The conferees understand that the Department has implemented 

such provisions and will allocate the amounts provided in fiscal 

year 2004 in accordance with the procedures and requirements set 

forth in such section, obviating the need for the interim procedures. 

Includes modified language, similar to language proposed by 

the House and Senate and carried in prior years, regarding the delegation of waiver authority and the definition of the term ‘‘obligate’’. Includes $50,000,000 for technical assistance including up to $13,000,000 for remediation services to certain troubled PHAs as 

proposed by the Senate, instead of $51,000,000 for technical assistance including up to $13,000,000 for remediation services to troubled PHAs as proposed by the House. Includes no less than $10,610,000 for information technology systems and up to $500,000 for section 23 projects as proposed by 

both the House and Senate. 

Includes up to $40,000,000 for emergency capital needs resulting from emergencies or natural disasters in fiscal year 2004 as 

proposed by the House. The Senate proposed similar language. 

Includes $15,000,000 for Neighborhood Networks grants to be 

awarded on a competitive basis as proposed by the Senate. The 

House did not include funding for this purpose. Language is included, similar to language proposed by the Senate, requiring such 

funds to be competitively awarded. The conferees remind HUD that 

these funds, and all other funds provided in this Act, are to be 

awarded on a competitive basis in accordance with the requirements set forth in section 205 under administrative provisions in 

this title. 

The conference agreement does not include $125,000,000 for a 

new loan financing program of public housing proposed by the Senate to be authorized in an administrative provision in this title. 

The conferees further understand that 92 PHAs have successfully 

utilized $313,556,000 in public housing funds to leverage 

$1,012,149,000 in private sector financing to address capital modernization needs. The conferees encourage PHAs to continue to pursue such partnerships. The conferees encourage the authorization 

committees to explore additional alternative financing tools to leVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01052 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1049

verage private sector financing for capital improvements in public 

housing. The House did not include similar funding or language. 

The conferees reiterate the direction included in the House report regarding quarterly reports on the obligation and expenditure 

of capital funds with the first report due no later than February 

2, 2004. 

PUBLIC HOUSING OPERATING FUND

Appropriates $3,600,000,000 for the public housing operating fund as proposed by the House instead of $3,576,600,000 as proposed by the Senate. 

Language is included specifying that funds provided in this Act 

are to be used only for 2004 payments to public housing authorities 

as proposed by the House. Language is also included permanently 

prohibiting funds provided in this Act and any other Act from being 

used for payments to public housing agencies for the operating 

costs of public housing for any year prior to the current year of 

such Act as proposed by Senate. The House proposed similar language. The conferees have included such language to ensure that 

funds appropriated are used for current year operating subsidies 

payments rather than to augment the amount of prior year operating subsidy payments above the level appropriated in such year, 

a previous practice which the Committees have questioned as a violation of appropriations law. Language is included making $10,000,000 available for programs to assist in the investigation, prosecution and prevention of 

criminal activities in public housing to be administered through a 

reimbursable agreement with the Department of Justice (DOJ). 

The conferees expect that HUD determine, in consultation with 

DOJ, the priorities in the allocation of these funds. 

REVITALIZATION OF SEVERELY DISTRESSED PUBLIC HOUSING (HOPE VI)

Appropriates $150,000,000 for the revitalization of severely distressed public housing program (HOPE VI), instead of 

$195,115,000 as proposed by the Senate and $50,000,000 as proposed by the House. 

Language is included making funds available for obligation 

until September 30, 2005, as proposed by the House, instead of providing no-year authority as proposed by the Senate. 

Of the amount provided, the conference agreement includes $4,000,000 for technical assistance, instead of $5,000,000 as proposed by the House and $3,000,000 as proposed by the Senate. 

Language is not included setting forth certain conditions and 

requirements on the recapture of funds from grants awarded under 

the HOPE VI program prior to fiscal year 1998 as proposed by the 

Senate. The House did not address this matter. The conferees encourage HUD to continue to work with public housing authorities 

to ensure timely completion of projects, but recognize that not all 

grantees are making such progress. The conferees understand the 

Secretary has the authority to take action against grantees which 

have failed to meet the requirements associated with such grants, 

including but not limited to, the recapture of funds. The conferees 

understand that beginning in March 2002 HUD began to take a series of actions to improve its oversight of HOPE VI grantees includVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01053 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1050

ing developing and implementing enforcement actions, remedies 

and penalties for nonperformance. In addition, a May 2003 General 

Accounting Office (GAO) review of HUD’s HOPE VI grant selection 

and oversight processes made several recommendations including 

development of a formal written enforcement policy to hold public 

housing authorities accountable for the status of their grants. The 

conferees request the Department submit a report to the Committees on Appropriations, no later than February 1, 2004, which identifies the changes implemented and planned to improve HUD’s 

oversight of HOPE VI grantees; the status of each HOPE VI project 

funded prior to 1999 and any actions taken to ensure timely completion of such project; the Department’s plans for implementing 

the recommendations made by GAO; and proposed alternative 

housing strategies to mitigate the impact of a recapture of funds 

on residents of failed HOPE VI projects. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

(INCLUDING TRANSFERS OF FUNDS)

Appropriates $654,100,000 instead of $661,600,000 as proposed 

by the House and $646,600,000 as proposed by the Senate. Of the 

total amount, $4,500,000 is for inspections, training, and technical 

assistance instead of $5,000,000 as proposed by the House and 

$4,000,000 as proposed by the Senate. 

Of the total amount, $2,000,000 is for guaranteed loans to subsidize a total guaranteed loan principal of up to $16,658,000 as proposed by the Senate instead of $1,000,000 to subsidize a total loan 

volume of up to $8,049,000 as proposed by the House. 

The Department is directed to submit the report required by 

section 9 of Public Law 107–292 on the extent of black mold infestation of Native American housing in the United States, and recommendations to address the infestation, by December 15, 2004. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $5,300,000 for guaranteed loans for Native American housing on trust lands to subsidize a total loan principal of up 

to $197,243,000 as proposed by the House and the Senate. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $1,035,000 for guaranteed loans for Native Hawaiian housing to subsidize a total guaranteed loan principal of up 

to $39,712,000 as proposed by the Senate instead of $1,000,000 to 

subsidize a total loan principal of up to $35,347,985 as proposed by 

the House. 

1051

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

Appropriates $296,500,000 for housing opportunities for per- sons with AIDS (HOPWA) instead of $302,000,000 as proposed by 

the House and $291,000,000 as proposed the Senate. 

Language proposed by the Senate to exempt existing grantees 

from changes resulting from Federal government-wide changes in 

designations in metropolitan statistical areas is not included. The 

House did not include a similar provision. 

RURAL HOUSING AND ECONOMIC DEVELOPMENT

Appropriates $25,000,000 for rural housing and economic development as proposed by both the House and Senate. Language is 

included requiring funds to be awarded competitively as proposed 

by the House. The Senate included similar language. The Department is reminded that these funds are to be distributed on a competitive basis in accordance with the requirements set forth in section 205 under administrative provisions in this title. 

EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

Appropriates $15,000,000 for grants to the second round of empowerment zones as proposed by the House. The Senate did not include funding for this activity. The conferees expect the Secretary 

to implement recommendations from the Inspector General’s audits 

of the round II empowerment zones and to provide a report to the 

Committees not later than March 1, 2004, on the status of the resolution of all audit findings. 

COMMUNITY DEVELOPMENT FUND

(INCLUDING TRANSFERS OF FUNDS)

Appropriates $4,950,000,000 for various activities funded in this account as proposed by the Senate instead of $4,959,000,000 

as proposed by the House. The conferees agree to the following: —$4,356,550,000 for formula grants under the Community De- velopment Block Grant program (CDBG), instead of $4,538,650,000 

as proposed by the House and $4,545,700,000 as proposed by the 

Senate; —$72,000,000 for grants to Indian tribes as proposed by the House instead of $72,500,000 as proposed by the Senate; —$3,300,000 for the Housing Assistance Council as proposed 

by the House and Senate; —$2,500,000 for the National American Indian Housing Coun- cil instead of $2,400,000 as proposed by the House and $2,600,000 

as proposed by the Senate; —$52,000,000 for section 107 grants, instead of $43,000,000 as 

proposed by the House and $52,500,000 as proposed by the Senate. 

Within the amount provided for section 107 grants, the conference 

agreement provides the following: 

$7,000,000 for insular areas; 

$10,500,000 for historically black colleges and universities, of 

which up to $2,000,000 may be used for technical assistance; 

$3,000,000 for community development work study; 

1052

$7,000,000 for Hispanic Serving Institutions; 

$7,000,000 for the Community Outreach Partnerships program; 

$3,000,000 for tribal colleges and universities; 

$3,500,000 for Alaska Native-Serving Institutions and Native 

Hawaiian-Serving Institutions; 

$9,500,000 for assistance under the Hawaiian Homelands 

Homeownership Act of 2000; and 

$1,500,000 for technical assistance. 

—$5,000,000 for the National Housing Development Corporation for continuation of its program of acquisition, rehabilitation, 

and preservation of at-risk affordable housing, including $2,000,000 

for operating expenses as proposed by the House. The Senate did 

not propose funding for this program; 

—$5,000,000 for the National Council of La Raza HOPE Fund, 

of which $500,000 is for technical assistance and fund management 

and $4,500,000 is for investments and financing as proposed by the 

House. The Senate did not propose funding for this program; 

—$27,000,000 for grants to eligible grantees under section 11 

of the Self-Help Housing Opportunity Program (SHOP), instead of 

$28,000,000 as proposed by the House and $12,000,000 as proposed 

by the Senate; 

—$34,750,000 for capacity building, of which $30,000,000 is for 

the Community Development and Affordable Housing program for 

LISC and the Enterprise Foundation for activities as authorized by 

section 4 of the Department of Housing and Urban Development 

Demonstration Act, as in effect before June 12, 1997, including 

$5,000,000 for rural areas; and of which $4,750,000 is for Habitat 

for Humanity International. The House proposed $33,250,000 for 

capacity building including $28,250,000 for LISC and the Enterprise Foundation and $5,000,000 for Habitat for Humanity; and the 

Senate proposed $35,500,000 for such activities including 

$31,500,000 for LISC and the Enterprise Foundation and 

$4,000,000 for Habitat for Humanity. The conferees direct that the 

increase provided above the fiscal year 2003 level for Habitat for 

Humanity be used to expand the ability of Indian tribes to participate in SHOP and other Habitat for Humanity programs; 

—$65,000,000 for YouthBuild as proposed by the House instead of $60,000,000 as proposed by the Senate; 

—$278,000,000 for economic development initiatives instead of 

$137,500,000 as proposed by the House and $140,000,000 as proposed by the Senate. Language is included prohibiting funds from 

being used for program operations as proposed by the House. The 

Senate did not include a similar provision. The conferees note that 

projects receiving funds must comply with the environmental review requirements set forth in section 305(c) of the Multifamily 

Housing Property Disposition Act of 1994 (42 U.S.C. 3547). The 

conferees will not entertain waivers of such requirements. In addition, funds provided for projects shall not be used for reimbursement of expenses incurred prior to the receipt of economic development initiative funding. Modified language is included, similar to 

language proposed by the House and Senate, to target funds made 

available under this program. Targeted grants shall be made as follows: 

1053

1. $25,000 to the 21st Century Council Impact Learning Center 

in Jackson County, Alabama for completion of facility build out; 

2. $50,000 to the Huntsville Achievement School in Huntsville, 

Alabama for completion of facility renovations; 

3. $75,000 to the Children’s Museum of the Shoals in Florence, 

Alabama for planning and design of a Native American exhibit; 

4. $75,000 to the City of Uniontown, Alabama for renovation 

of the old Uniontown Middle School; 

5. $100,000 to Boaz, Alabama for construction and renovation 

for the Boaz Community Activities Center; 

6. $100,000 to the City of Luverne, Alabama for sidewalks, 

street furniture and facade improvements; 

7. $100,000 to the Madison County Commission for construction of the Woody Anderson Library in Monrovia, Alabama; 

8. $200,000 to the City of Opelika, Alabama for rehabilitation 

of the historic Dallas Armory; 

9. $200,000 to the Burritt Center in Huntsville, Alabama for 

building construction; 

10. $250,000 to Lamar County, Alabama for Industrial Park 

site development; 

11. $250,000 to Guntersville, Alabama for renovation of the 

Community Cultural Arts Center; 

12. $300,000 to Wallace Community College in Dothan, Alabama for facilities construction and renovations for the Southeast 

Alabama Nursing Initiative; 

13. $300,000 to the City of Huntsville, Alabama for 

streetscape, beautification and greenways improvements; 

14. $400,000 to Arab, Alabama for construction of a senior center; 

15. $500,000 to the National Children’s Advocacy Center in 

Huntsville, Alabama for facilities planning and improvements; 

16. $900,000 to Spring Hill College in Mobile, Alabama for construction of a new library; 

17. $75,000 to the Bishop State Community College in Mobile, 

Alabama for construction of a business technology center; 

18. $150,000 for the Selma Downtown Revitalization Project in 

Selma, Alabama; 

19. $400,000 for construction of the Parnell Memorial Library 

in Montevallo, Alabama; 

20. $3,000,000 for the City of Tuscaloosa for the 21st Avenue 

Urban Renewal Project in Tuscaloosa, Alabama; 

21. $400,000 for the University of South Alabama for improvements related to the Mitchell College of Business Library in Mobile, Alabama; 

22. $75,000 for the Elmore County Economic Development Authority for business and economic development activities in Elmore 

County, Alabama; 

23. $100,000 for the City of Millport, Alabama for construction 

costs associated with the Regional Cultural Center; 

24. $200,000 for the Tuscaloosa County Commission for Community Development in Tuscaloosa County, Alabama; 

25. $100,000 for the Montgomery Boys and Girls Club, Alabama for facility improvements; 

1054

26. $250,000 for the City of Fairhope, Alabama for construction 

of the Fairhope Library; 27. $100,000 for the Huntsville/Madison County Convention 

and Visitors Bureau for furnishing of the Visitors Center in Huntsville, Alabama; 

28. $475,000 for the Crenshaw County Economic/Industrial Development Authority for industrial site preparation in Crenshaw 

County, Alabama; 29. $100,000 for the Rockford Council of Arts and Crafts for 

renovation of the Old Rockford School in Rockford, Alabama; 

30. $150,000 for the City of Eufaula, Alabama for the Broad 

Street Revitalization project; 31. $100,000 for the City of Northport, Alabama for community 

development; 32. $1,000,000 for the Anchorage Museum, Anchorage, Alaska 

for facilities expansion; 33. $30,000 for the City of Palmer, Alaska for public facility 

improvements; 34. $200,000 for the City of North Pole, Alaska for recreation 

improvements; 35. $150,000 for Juneau, Alaska for port facilities; 

36. $500,000 for the Bering Straits Native Corporation for the 

Cape Nome quarry upgrade, Nome, Alaska; 37. $1,000,000 for the Tongass Coast Aquarium, Ketchikan, 

Alaska for improvements; 38. $750,000 for the J.P. Jones Community Development Center, Fairbanks, Alaska for improvements; 39. $400,000 for Love, Inc., Fairbanks, Alaska for a social service facility; 40. $1,000,000 for Cordova, Alaska costs associated with the 

construction of a community center; 41. $750,000 for the Kenai Peninsula Borough, Kenai, Alaska 

for recreation facilities; 

42. $500,000 for the City of Sitka, Alaska for the Sawmill Cove 

jobs center; 

43. $500,000 for the Valdez Senior Center, Valdez, Alaska for 

improvements; 

44. $150,000 for the Anchorage Economic Development Corporation, Anchorage, Alaska for a global logistics center; 

45. $250,000 for the Alaska Aviation Heritage Museum, Anchorage for improvements; 

46. $175,000 to the City of Phoenix, Arizona for design and 

construction of the Rio Salado Audubon Nature Center; 

47. $200,000 to the Town of Guadalupe, Arizona for construction and renovation to the Mercado shopping center; 

48. $900,000 to the Dunbar Coalition, Inc. for renovation of facilities for the African-American Historical Museum and Cultural 

Center in Tucson, Arizona; 

49. $75,000 to the Bullion Plaza Museum Association in 

Miami, Arizona for renovation of the museum building; 

50. $75,000 to Arkansas State University Mountain Home for 

construction of the Vada Sheid Community Development Center; 

51. $75,000 to the Old Independence Regional Museum in Arkansas for facilities renovation; 

1055

52. $75,000 to Arkansas State University Newport for facilities 

construction at the commercial driver training range; 

53. $75,000 to the Camden Boys and Girls Club in Camden, 

Arkansas for construction of recreational facilities; 

54. $270,000 for the City of Conway, Arkansas for downtown 

revitalization; 

55. $75,000 to the Bryant Youth Association in Bryant, Arkansas for land acquisition and construction of a Boys and Girls Club 

facility; 

56. $150,000 to North Arkansas College in Harrison, Arkansas 

for construction of the Conference and Training Center; 

57. $500,000 for the Central Arkansas Resource Conservation 

and Development Council in Helena, Arkansas for the Cherry 

Street Historic Preservation Project; 

58. $250,000 for the City of Fort Smith, Arkansas for 

streetscapes improvements to Garrison Avenue; 

59. $250,000 for the Studio for the Arts in Pocahontas, Arkansas for construction of a theatre; 

60. $75,000 to the East Valley YMCA in North Hollywood, 

California for facilities renovation; 

61. $75,000 to the Valley Family Center in the San Fernando 

Valley, California for facilities construction; 

62. $75,000 to the Boys and Girls Club of San Fernando Valley, California for facilities renovation; 

63. $75,000 to the Boys and Girls Club of Greater Oxnard and 

Port Hueneme in California for structural facility improvements; 

64. $75,000 to the City of Oxnard, California for design and 

construction of an addition to the public library; 

65. $75,000 to Daguhoy Lodge in Stockton, California for facility restoration; 

66. $75,000 to the City of Long Beach, California for renovation of the Museum of Latin American Art; 

67. $75,000 to the City of Alhambra, California for renovation 

of recreational facilities; 

68. $75,000 to the City of Covina, California for renovation of 

a facility for the homeless; 

69. $75,000 to the City of West Covina, California for construction of a regional community center; 

70. $75,000 to the East San Gabriel Valley Japanese Community Center in California for construction of a social hall; 

71. $90,000 to the City of Fontana, California for acquisition 

and construction needs at Jack Bulik Park; 

72. $100,000 to the City of Simi Valley, California for buildout 

and upgrades for the Simi Valley Senior Citizens Center; 

73. $100,000 to North County Solutions for Change for the Futures for Families project to construct regional transitional housing 

in San Diego, California; 

74. $100,000 to Search to Involve Pilipino Americans in Los 

Angeles, California for facilities renovation at the Royal Morales 

Pilipino American Community and Cultural Center; 

75. $100,000 to the Valley Economic Development Center, Inc. 

in Los Angeles, California for building renovation as part of the 

Highland Park Commercial Revitalization project; 

1056

76. $100,000 to Santa Clara University in California for planning and design for construction of the ‘Information Commons’; 77. $100,000 to the City of Palo Alto, California for children’s 

library renovations; 78. $100,000 to the City of La Puente, California for construction to expand the city’s youth learning center; 79. $100,000 to the County of Los Angeles, California for planning and construction of a cultural and performing arts center at 

the El Pueblo de Los Angeles State Historic Park; 80. $100,000 to the City of Huntington Park, California for development of a downtown redevelopment master plan; 81. $100,000 to ONEgeneration in the San Fernando Valley, 

California for construction of an intergenerational daycare center; 82. $100,000 to the City of West Sacramento, California for 

construction of the Collins Teen Center; 

83. $100,000 to the City of Woodland, California for parking 

construction; 

84. $125,000 to the City of San Jose, California for construction 

of a youth facility; 85. $125,000 to the City of Anaheim, California for land acquisition to expand the La Palma Park; 86. $150,000 to Food Share, Inc. for facilities expansion and 

construction for a community kitchen in Ventura County, California; 

87. $150,000 to the City of Oceanside, California for construction of a senior citizens center; 

88. $150,000 to the City of Lancaster, California for development of a Regional Youth Baseball Complex; 89. $150,000 to the City of Long Beach, California for construction of multi-use facilities at the Stearns Park Community Center; 90. $150,000 to the East Los Angeles YMCA in Los Angeles, 

California for facilities renovation; 

91. $1,000,000 to the City of Inglewood, California for design 

and construction of a senior center; 

92. $150,000 to the City of Lawndale, California for design and 

construction of a library; 

93. $175,000 to the Rio Linda Union School District in North 

Highlands, California for construction of the Oakdale Community 

Center; 

94. $175,000 to Goodwill Industries of Sacramento, California 

for construction of a community training center; 

95. $200,000 to the City of San Francisco, California for facility 

renovation to house emancipated foster children; 

96. $225,000 to the City of Corona, California for construction 

of the Corona Community Center; 

97. $225,000 to the City of Redding, California for property acquisition and site preparation for the Stillwater Business Park; 

98. $225,000 to the City of Adelanto, California for construction of a retail shopping center; 

99. $225,000 to the City of Lancaster, California for construction of public recreation facilities, parking facilities and property 

acquisition for the North Downtown Transit Village Project; 

100. $225,000 to the City of Diamond Bar, California for construction of a senior center; 

1057

101. $225,000 to the City of Citrus Heights, California for 

streetscape improvements along the Auburn Boulevard Commercial 

Corridor; 

102. $225,000 to the Town of Groveland, California for purchase of a youth center; 103. $225,000 to the Mission Preservation Foundation in San 

Juan Capistrano, California for the Great Stone Church restoration 

project; 104. $225,000 to Sonoma State University in California for 

construction of the Green Music Center;

105. $275,000 to the City of Westminster, California for construction of a community cultural and education center; 106. $275,000 to Kern County, California for infrastructure improvements for the Imperial Way Industrial Park; 107. $400,000 for Shelter from the Storm, Inc. in Palm Desert, 

California for facilities renovations and improvements; 108. $300,000 to the City of Lincoln, California for the design 

and construction of a Cultural and Business Center; 

109. $300,000 to the City of Santa Monica, California for renovation of a historic structure for use as a visitors center; 

110. $300,000 for Vanguard University in Costa Mesa, California for facilities upgrades and equipment for a science center; 111. $325,000 to the City of Salinas, California for construction 

of a swimming pool; 112. $350,000 to the Palomar YMCA in Escondido, California 

for construction of an aquatics facility; 113. $350,000 to the International Agri-Center in Tulare, California for improvements to the Heritage Complex Learning Center 

and to continued construction of a new exhibit pavilion; 114. $400,000 to the City of Atascadero, California for facilities 

renovation for a Youth Recreation Center; 

115. $450,000 to the City of Monrovia, California for site preparation at the Santa Anita and Sawpit Channels for economic development activities; 

116. $450,000 to Los Angeles County, California for the construction of a new library; 

117. $450,000 to the City of La Mesa, California for facilities 

construction for the La Mesa PARKS Project; 

118. $450,000 to the City of Desert Hot Springs, California for 

facilities construction for a civic and community center; 

119. $450,000 to the City of Tracy, California for construction 

of the Tracy Youth Sports Facility; 

120. $1,000,000 to the California Academy of Sciences in San 

Francisco, California for renovation of its facility; 

121. $500,000 to the Town of Apple Valley, California for 

Phase One of Civic Center Park; 

122. $250,000 for the City of San Francisco, California for the 

Old Mint redevelopment project; 

123. $750,000 for the City of San Diego, California for the construction of low income housing; 

124. $250,000 for the City of Orange Cove, California for the 

Commercial Redevelopment Project; 

125. $250,000 for the City of East Palo Alto, California to build 

a new town civic center; 

1058

126. $275,000 to the City of Aurora, Colorado for facilities renovation and construction for the Fitzsimmons Commons; 

127. $1,000,000 for Fort Westernaire, Golden, Colorado for the 

expansion of the Westernaire museum; 

128. $200,000 for YouthBiz, Inc., Denver, Colorado for construction needs related to an inner-city youth business training 

program; 

129. $1,000,000 for Colorado UpLift, Denver, Colorado for construction needs related to a program benefiting ‘‘at-risk’’ inner-city 

youth in Denver; 

130. $1,000,000 for the Denver Art Museum, Colorado for continued design and development of the Center for American Indian 

Art; 

131. $200,000 for the City of Arvada, Colorado for the design 

phase of the community’s arts and humanities center; 

132. $500,000 for Mercy Housing, Inc., Denver, Colorado for 

the development of affordable housing in Durango, Colorado; 

133. $90,000 to the University of Hartford in Hartford, Connecticut for building renovation to house the Hartt School Performing Arts Center; 

134. $90,000 to the Wadsworth Atheneum Museum of Art in 

Hartford, Connecticut for facility renovation and expansion; 

135. $100,000 to Wesleyan University in Middletown, Connecticut for facilities renovation of a former school; 

136. $100,000 to the Town of North Haven, Connecticut for 

streetscape improvements in the Montowese area; 

137. $100,000 to the City of West Haven, Connecticut for 

streetscape improvements along Campbell Avenue; 

138. $200,000 to the Boys and Girls Club of the Lower 

Naugatuck Valley in Ansonia, Connecticut for facilities renovation; 

139. $225,000 to the Town of Enfield, Connecticut for construction of the Family Resource Center; 

140. $500,000 to the Charles D. Smith, Jr. Foundation for facilities construction for the Stratfield Avenue Redevelopment 

Project in Bridgeport, Connecticut; 

141. $500,000 for the City of Hartford, Connecticut for the 

Hartford Home Ownership Initiative; 

142. $250,000 for the Southside Institutions Neighborhood Alliance, Hartford, Connecticut for rehabilitation of dilapidated housing stock; 

143. $275,000 for the Beebe Medical Center in Lewes, Delaware for facilities expansion; 

144. $225,000 to Easter Seals, Delaware and Maryland’s Eastern Shore for construction of a new facility in Georgetown, Delaware; 

145. $500,000 for Sacred Heart Village, Inc., Wilmington, Delaware to complete the construction of an affordable housing facility 

for seniors; 

146. $500,000 for the Wilmington Senior Center, Wilmington, 

Delaware for renovations for the Lafayette Court senior apartments; 

147. $200,000 to Arena Stage in Washington, District of Columbia for design and construction of a new facility; 

1059

148. $275,000 to the Good Samaritan Foundation in the District of Columbia for acquisition and construction of the Anacostia 

Training and Outreach Center; 149. $300,000 to Gonzaga High School in Washington, District 

of Columbia for facilities renovation and construction; 

150. $450,000 for Food and Friends of Washington, District of 

Columbia for facilities buildout and equipment; 151. $250,000 for the Greater Washington Urban League, in 

Washington, District of Columbia for renovations to their new 

headquarters; 152. $100,000 to the Sebring Airport Authority, Florida for 

planning for the development of a light industrial/commercial business park; 153. $1,000,000 for facilities construction for Tampa Bay 

Watch in Florida; 

154. $100,000 to the City of St. Petersburg, Florida for facilities expansion for the Museum of History; 155. $100,000 to Lake Mary, Florida for a downtown development improvement program; 156. $100,000 to the City of St. Petersburg, Florida for restoration of the Jordan School; 

157. $125,000 to the George Washington Carver Community 

Center in Crystal River area, Florida for facilities construction; 158. $150,000 to Mainstreet Fort Pierce, Inc. for the restoration and renovation of the Sunrise Theatre building in Fort Pierce, 

Florida; 

159. $200,000 to the City of Ocoee, Florida for construction of 

a senior citizen/veterans services facility; 160. $200,000 to the City of Clearwater, Florida for the Homeless Intervention Project; 161. $225,000 to the Bishop Planetarium in Bradenton, Florida 

for facilities reconstruction and restoration; 

162. $250,000 to Osceola County, Florida for construction of a 

homeless shelter to be operated by Transition House in Kissimmee, 

Florida; 

163. $200,000 to St. Cloud, Florida for a special needs evacuation, senior, multipurpose center; 

164. $300,000 to the Mainstreet DeLand Association in 

DeLand, Florida for the Athens Theatre Renovation project; 

165. $300,000 for facilities expansion of the Dali Museum in 

St. Petersburg, Florida; 

166. $300,000 for the expansion of Ruth Eckerd Hall in Clearwater, Florida; 

167. $200,000 to Orange County, Florida for construction of a 

senior center; 

168. $350,000 to Central Florida Community College in Ocala, 

Florida for construction for an Information Technology Center; 

169. $300,000 to Pinellas County, Florida for the renovation of 

an aviation high technology facility; 

170. $350,000 to Pinellas County, Florida for facilities construction for a folk cultural center; 

171. $450,000 to the City of Boca Raton, Florida for streetscape 

improvements for the implementation of the Pearl City Master 

Plan; 

1060

172. $450,000 to the City of Clearwater, Florida for waterfront 

facilities construction of the ‘‘Beach by Design Initiative’’; 173. $500,000 to the City of St. Petersburg, Florida for land acquisition, relocation, demolition and conveyance for the Midtown 

retail redevelopment project; 174. $500,000 to the City of St. Petersburg, Florida for Dome 

Industrial and Jordan Park facilities renovation and construction; 

175. $775,000 for facilities construction for the Stetson University College of Law, Tampa, Florida campus; 176. $900,000 to South Florida Goodwill in Miami, Florida for 

facilities renovations and upgrades; 177. $1,000,000 for construction and redevelopment of the Historic Carlington (Roosevelt) Hotel in Jacksonville, Florida to include residential and commercial property; 178. $875,000 for Eckerd College in St. Petersburg, Florida for 

the expansion of the Youth Opportunity and Development Center; 179. $1,400,000 to the City of Dunedin, Florida for construction 

of recreation center facilities; 

180. $300,000 for Miami-Dade County, Florida for the construction of the Miami-Dade County Performing Arts Center; 181. $350,000 for Volusia County, Florida for the construction 

of a community performing arts center; 182. $425,000 for the City of Coral Gables, Florida for the Biltmore Complex Restoration Project; 183. $75,000 to the Town of Lumpkin, Georgia for Westville 

Village’s History Alive building restoration; 184. $75,000 to the City of Richland Downtown Development 

Authority in Richland, Georgia for renovation of the Old Richland 

Hotel; 

185. $75,000 to Thomasville, Georgia for Historic Douglas High 

School Alumni Association Complex renovation; 186. $75,000 to the University of Georgia for facility buildout 

to support a program to support southwest Georgia value-added 

product development; 

187. $275,000 to DeKalb County, Georgia for planning and construction of a senior center; 

188. $100,000 to the City of Macon, Georgia for renovation of 

the historic Coca-Cola building; 

189. $100,000 to the Tubman Museum, in Macon, Georgia for 

building construction; 

190. $75,000 to the Clayton County, Georgia Board of Commissioners for planning and construction of a senior center in 

Jonesboro; 

191. $100,000 to the City of Plains, Georgia for the construction and facilities buildout at the Rural History Resource Center; 

192. $100,000 to Phoebe Putney Memorial Hospital in Dougherty County, Georgia for building renovation; 

193. $400,000 to Morehouse School of Medicine in Atlanta, 

Georgia for land acquisition and building expansion; 

194. $100,000 to Morehouse College in Atlanta, Georgia for 

construction of facilities to house the African American Archival 

Program; 

195. $100,000 to Morehouse College in Atlanta, Georgia for 

construction of a performing arts center; 

1061

196. $115,000 to Albany, Georgia for renovation and construction of the Faith Community Outreach Center Incorporated, and 

renovation of the kitchen at the SOWEGA Council of Aging’s Site 

One Senior Kitchen; 

197. $150,000 to the Joint Development Authority of Ben Hill 

and Irwin Counties, Georgia for parkland enhancements for Fitzgerald Millennium Technology Pointe; 198. $160,000 for the Pine Mountain Beautification and Economic Development project in Harris County, Georgia for 

streetscape improvements; 199. $225,000 to the City of Monticello, Georgia for recreational facilities improvements and pedestrian pathways for the 

development of Funderburg Park; 200. $225,000 to Cobb County, Georgia for construction of the 

South Cobb Regional Library; 201. $275,000 to the City of Powder Springs, Georgia for refurbishment of the Coach George E. Ford Center; 202. $325,000 to the Golden Harvest Food Banks in Augusta, 

Georgia for facilities construction and improvements for the ‘‘Feed 

the People’’ campaign; 203. $360,000 to Columbus, Georgia for land acquisition for the 

Wilson Camp project; 204. $525,000 to the City of Moultrie, Georgia for demolition 

and initial construction of the Swift property; 205. $100,000 to the City of Atlanta, Georgia for renovation 

and restoration of the historic Paschal’s restaurant and motel; 

206. $130,000 to the Waianae, Hawaii YMCA for facilities construction; 

207. $500,000 for the Boys and Girls Club of Hawaii, Nanakuli, 

Hawaii for the planning and construction of a new facility; 208. $500,000 for the Oahu Continuum of Care, Wainae, Hawaii for the construction and renovation of permanent supportive 

housing; 209. $500,000 for the Hawaii Nature Center, Wailuku, Hawaii 

for the Maui Renovation Project; 

210. $500,000 for the County of Kauai, Hawaii for a technology 

training facility in Kauai, Hawaii; 

211. $250,000 for the Kapahulu Senior Center, Honolulu, Hawaii for improvements and renovations to the senior center; 

212. $900,000 for the Clearwater Economic Development Association, Idaho, to continue implementation of a Lewis and Clark Bicentennial commemoration plan; 

213. $300,000 to Franklin County, Idaho for the moving, renovation, restoration of the Oneida Stake Academy building in Preston, Idaho; 

214. $700,000 to Idaho State University for facilities construction for the L.E. and Thelma E. Stephens Performing Arts Center; 

215. $100,000 to the University of Idaho for planning and design of the Lionel Hampton Center; 

216. $800,000 for Boise State University, Idaho, for construction on an Environmental Science and Economic Development 

Building; 

217. $900,000 for the City of Salmon, Idaho, for expansion of 

the Sacajawea Cultural and Arts Center expansion; 

1062

218. $900,000 for the University of Idaho, for construction related to a Performance and Education Facility; 219. $75,000 to Lawrence Hall Youth Services in Chicago, Illinois for facility construction; 220. $100,000 for the Tazewell-Woodford Head Start program 

in East Peoria, Illinois for the continued construction of a new facility; 221. $100,000 to the Southeast Chicago Development Commission in Chicago, Illinois for building construction for a shopping 

center; 

222. $150,000 to the Canal Corridor Association for the Port of 

LaSalle Project in LaSalle, Illinois including construction of an outdoor interpretive center, a replica mule barn, and construction of 

a lock-tender’s house; 

223. $175,000 to the Rebirth of Englewood Community Development Corporation in Chicago, Illinois for purchase and renovation of a building to serve as a community center; 224. $200,000 to the Northfield Park District, Illinois for facilities renovation and rehabilitation; 

225. $225,000 for the Morton Arboretum in Lisle, Illinois for 

construction of a new visitor center; 

226. $225,000 for the Rialto Square Theater in Joliet, Illinois 

for facilities restoration and improvements; 227. $250,000 for Lincoln Christian College in Lincoln, Illinois 

for the restoration of the Earl C. Hargrove Auditorium; 228. $250,000 to the Village of Homewood, Illinois for purchase 

and renovation of the Canadian National Railroad Depot; 229. $250,000 to Western Springs Park District, Illinois for 

construction of a storage facility and park amphitheater; 230. $650,000 to Bradley University in Peoria, Illinois for renovation of Bradley Hall; 231. $700,000 to the City of DeKalb, Illinois for revitalization 

of East Lincoln Highway including building rehabilitation, 

streetscape improvements and beautification; 

232. $1,000,000 to Rush-Presbyterian-St. Luke’s Medical Center in Chicago, Illinois for facilities construction; 

233. $150,000 for the Center for the Prevention of Abuse in Peoria, Illinois for the construction of a facility; 

234. $500,000 for the City of Peoria, Illinois for construction on 

a proposed medical/technical district in Peoria, Illinois; 

235. $500,000 for Access Living, Chicago, Illinois for the construction of a new community service facility; 

236. $350,000 for Children’s Advocacy Center, Chicago, Illinois 

for costs associated with expansion; 

237. $200,000 for the City of Des Plaines, Illinois for infrastructure improvements; 

238. $100,000 for the Merit School of Music in Chicago, Illinois 

for facility improvements; 

239. $300,000 for the Chicago Department of Cultural Affairs, 

Illinois for restoration of the Chicago Cultural Center Domes; 

240. $250,000 for the City of East Moline, Illinois for necessary 

upgrades to infrastructure for economic development purposes, including the Quarter project and revitalization of the central business district; 

1063

241. $200,000 for improvements to the Field Museum, Chicago, 

Illinois; 

242. $200,000 for Manteno Township, Manteno, Illinois for economic redevelopment activities; 

243. $250,000 for the City of Springfield, Illinois for infrastructure improvements to support economic development; 

244. $200,000 to the City of Jeffersonville, Indiana for renovation of the Carnegie Library; 

245. $300,000 to the City of Anderson, Indiana for facilities 

construction of the Anderson Business Development Center; 

246. $200,000 to the African American Achievers Youth Corporation in Gary, Indiana for renovation of the Glen Theater; 

247. $300,000 to the University of Saint Francis in Fort 

Wayne, Indiana for construction and buildout of the proposed Professional Development Center; 

248. $400,000 to the City of South Bend, Indiana for site acquisition and demolition for the Studebaker Corridor redevelopment 

initiative; 

249. $500,000 to the James Whitcombe Riley Hospital for Children in Indianapolis, Indiana for the expansion and renovation of 

the Children’s Emergency and Trauma Center;

250. $600,000 to North Township, Indiana for renovation and 

construction of recreational facilities, parking, lighting and landscaping improvements at Wicker Memorial Park; 

251. $500,000 for the University of Saint Francis in Fort 

Wayne, Indiana for facilities construction for the Health Sciences 

Resource Library; 

252. $800,000 for the City of Fort Wayne, Indiana for the expansion of the Northeast Indiana Innovation Center; 

253. $200,000 for the Indiana Association of Cities and Towns, 

Indianapolis, Indiana for downtown revitalization; 

254. $350,000 for the Delaware County Commissioners, City of 

Muncie, Indiana for building improvements to the Fairgrounds facilities; 

255. $100,000 to the Family Violence Center in Des Moines, 

Iowa for facilities renovation; 

256. $100,000 to the Town of Grinnell, Iowa for restoration and 

rehabilitation of downtown buildings; 

257. $150,000 for the North Central Iowa Regional Solid Waste 

to Energy Facility in Fort Dodge, Iowa for facilities construction; 

258. $450,000 to Systems Unlimited, Inc. located in Iowa City, 

Iowa for facilities construction; 

259. $300,000 for the City of Council Bluffs, Iowa for the 23rd 

Avenue Housing Project; 

260. $250,000 for the Scott County Housing Council, Davenport, Iowa for the construction and rehabilitation of housing; 

261. $200,000 for the Iowa Department of Economic Development for the enhancement of regional economic development capabilities; 

262. $250,000 for the Mid America Housing Partnership in 

Cedar Rapids, Iowa for the housing trust fund; 

263. $100,000 for the Iowa State Fair Board in Des Moines, 

Iowa for a statewide awareness and education/exhibit; 

1064

264. $280,000 for the City of Waterloo, Iowa for the John Deere 

brownfield and bio-based incubator project; 265. $300,000 for the Witwer Senior Center, Cedar Rapids, 

Iowa for facility expansion and renovation; 266. $600,000 for the City of Clinton, Iowa for the Liberty 

Square brownfields redevelopment project; 267. $1,000,000 for the Hunter Clinic in Wichita, Kansas for 

construction; 

268. $2,000,000 to Catholic Housing of Wyandotte County, 

Kansas for development and improvements in the St. Peter/Waterway/Strawberry Hill Redevelopment Project; 269. $175,000 to the Wichita Art Museum in Wichita, Kansas 

for facilities renovation, construction and improvements for the second Art Investigation Gallery; 270. $200,000 to Sedan, Kansas for renovation of the historic 

Bradford Hotel; 

271. $500,000 for Railroad Heritage, Inc. for construction costs 

associated with the Great Overland Station Renovation and Restoration Project in Topeka, Kansas; 272. $1,000,000 for the El Zocalo Hispanic Community Center, 

Wichita, Kansas for construction costs; 

273. $75,000 to the Louisville Jefferson County Metropolitan 

Government, Kentucky for the renovation of the Sun Valley Community Center; 274. $100,000 to the Fivco Area Development District in Kentucky for construction of a multipurpose facility at EastPark; 275. $100,000 for North Star Productions, Inc. in Bracken 

County, Kentucky for construction of an amphitheater; 276. $200,000 to the City of Renfro Valley, Kentucky for construction of a municipal conference and civic center; 277. $225,000 to Cumberland College in Williamsburg, Kentucky for renovation of the campus science complex; 278. $225,000 to the London-Laurel County Tourism Committee, Kentucky for construction of the Blue-Gray Civil War 

Theme Park; 

279. $225,000 to Casey County, Kentucky for development and 

engineering for the Agricultural and Exposition Center; 

280. $450,000 to the Center for Rural Development in Somerset, Kentucky for facilities renovation and expansion; 

281. $925,000 to the Louisville Medical Center Development 

Corporation for property acquisition for development of a research 

park in Louisville, Kentucky; 

282. $250,000 for the YMCA of Franklin, Kentucky for facilities construction; 

283. $3,000,000 for the H.L. Neblett Center in Owensboro/

Daviess County, Kentucky for the construction of a new facility; 

284. $500,000 for the Crittenden County Economic Development Corporation in Marion, Kentucky, for the Marion/Crittenden 

County Technology-Economic Development Training Center; 

285. $100,000 for Harrison County, Kentucky for improvements to the Harrison County Courthouse; 

286. $400,000 for Hopkinsville, Kentucky for construction related to the Hopkinsville-Christian County Conference and Convention Center; 

1065

287. $500,000 for the Louisville Science Center, Kentucky for 

renovation and construction related to the Science Education Wing; 288. $50,000 to St. Tammany Parish, Louisiana for construction of a veterans memorial; 

289. $75,000 to the Downtown Development District in New 

Orleans, Louisiana for sidewalk replacements and enhancements; 290. $125,000 to the Town of Ferriday, Louisiana for Main 

Street streetscape work; 291. $500,000 for Alexandria Central Economic Development 

District, Louisiana for an economic revitalization study and revitalization of the Red River waterfront; 

292. $200,000 to the Amistad Research Center at Tulane University in New Orleans, Louisiana for facilities restoration of the 

Tilden Library to house Center records; 293. $225,000 to the Town of New Roads, Louisiana facilities 

construction and renovation, and sidewalks, street furniture and 

fac ̧ade improvements; 

294. $450,000 to the National Center for Community Renewal 

for facilities renovation and expansion in Shreveport, Louisiana; 295. $450,000 to the Audubon Nature Institute for facilities 

construction in Baton Rouge and New Orleans, Louisiana; 296. $500,000 for PACE Louisiana, New Orleans, Louisiana for 

the renovation of a building for a senior adult day center; 297. $750,000 for the State of Louisiana for the Poverty Point 

restoration project; 298. $250,000 to the Biomedical Research Foundation for the 

InterTech Science Park, Louisiana; 

299. $100,000 for the Comprehensive Central City Initiative of 

New Orleans, Inc., Louisiana for neighborhood revitalization; 300. $200,000 for the City of Opelousas, Louisiana for the redevelopment of the historic downtown district; 301. $100,000 for the City of Bogalusa, Louisiana for recreation 

improvements; 302. $100,000 for facility improvements at the American Rose 

Center in Shreveport, Louisiana; 

303. $100,000 to the Maine Environmental Research Institute 

(MERI) in Blue Hill, Maine for facilities renovation; 

304. $100,000 to Rumford Hospital in Maine for facility renovation; 

305. $500,000 for the City of Caribou, Maine to improve and 

repair gymnasium and related facilities in the Armory building; 

306. $125,000 for the Center Theater for the Performing Arts 

in Dover-Foxcroft, Maine to improve and repair the Center Theater; 

307. $125,000 for the Town of Fort Fairfield, Maine to improve 

and repair the Armory facility; 

308. $220,000 for the University of Maine (Jonesboro and 

Orono), Blueberry Hill Farm to renovate the blueberry research facility; 

309. $200,000 for the Central Maine Technical College-Western 

Maine University and Technical Center, South Paris, Maine to assist in development of technical college center; 

310. $250,000 for the City of Bangor, Maine for further development of the Penobscot Riverfront Park; 

1066

311. $250,000 for the City of Brewer, Maine to assist the city’s 

shoreline stabilization project; 312. $120,000 for Sagadahoc County, Maine to repair granite 

steps at the Sagadahoc County Courthouse; 313. $210,000 for the Town of Thomaston, Maine to fund construction of sidewalk in business district; 

314. $600,000 for the City of Baltimore, Maryland for the Main 

Streets Initiative project; 315. $100,000 for the Baltimore Child Abuse Center in Baltimore, Maryland for building renovations; 316. $500,000 for the B&O Railroad Museum in Baltimore, 

Maryland for building renovations; 317. $250,000 for the Great Blacks in Wax Museum in Baltimore, Maryland for the Museum Expansion Project; 318. $250,000 for Harford County, Maryland for the Havre de 

Grace Youth & Senior Center; 

319. $500,000 for Howard County, Maryland for Revitalization 

of the Route 1 Corridor; 

320. $750,000 for Montgomery County, Maryland for pedestrian linkages in Silver Spring; 321. $300,000 for the City of Gaithersburg, Maryland for the 

Gaithersburg Youth Center; 322. $650,000 for Prince George’s County, Maryland to develop 

an African American Cultural & Community Center in the Gateway Arts District; 323. $300,000 for Washington County, Maryland for the 

Smithsburg Library; 324. $260,000 for the City of Laurel, Maryland for improvements to Route 1;

325. $65,000 for the Woodlawn Community Education & Development Association in Baltimore County, Maryland for the 

Woodlawn Community Auditorium Project; 326. $320,000 for the City of District Heights, Maryland for 

fac ̧ade and building renovations in the city’s commercial area; 

327. $75,000 to the City of Rockville, Maryland for construction 

of a park at King Mill; 

328. $90,000 to the Melwood Horticultural Training Center in 

Prince George’s County, Maryland for facilities renovation; 

329. $100,000 to the Boys and Girls Club of Greater Washington in Silver Spring, Maryland for purchase of the D.C. Metropolitan Police Boys and Girls Club facility; 

330. $150,000 to the Olney Theatre for the Arts in Olney, 

Maryland for construction of a theater; 

331. $160,000 to the Bowie Regional Arts Vision Association in 

Bowie, Maryland for construction of a new community theater; 

332. $175,000 to the 20th Street H.O.P.E. House in Baltimore, 

Maryland for facilities expansion and renovation; 

333. $200,000 to the Gateway Arts District along the Route 1 

Corridor in the areas covering the communities of Mount Rainier, 

Brentwood, North Brentwood and Hyattsville in Prince George’s 

County, Maryland; 

334. $350,000 for the National Federation of the Blind Research and Training Institute in Baltimore, Maryland for facilities 

construction; 

1067

335. $100,000 to YMCA Camp Letts in Anne Arundel County, 

Maryland for facilities upgrades and related improvements; 336. $50,000 to the Chelsea Green Space and Recreation Committee in Massachusetts for construction of a park, including a 

boardwalk and benches; 

337. $75,000 to the Town of Randolph, Massachusetts for the 

rehabilitation of the historic Stetson Town Hall; 

338. $100,000 to the Roxbury Boys and Girls Club in Roxbury, 

Massachusetts for renovation of the Roxbury Clubhouse; 339. $100,000 to Salem State College in Salem, Massachusetts 

for construction of a theater; 

340. $100,000 to the Essex National Heritage Commission for 

Community Resource in Massachusetts for development of a plan 

for a visitors services and archives center; 

341. $325,000 for Main South Community Development Corporation, Worcester, Massachusetts for the Gardner-Kilby Hammond Neighborhood Revitalization Project; 342. $175,000 to the Lawrence, Massachusetts Boys and Girls 

Club for recreational facilities renovations; 

343. $300,000 to the City of Springfield, Massachusetts for design development and renovation of an existing public market; 344. $700,000 to Springfield College, in Springfield, Massachusetts for planning and construction of a field house; 345. $300,000 to North Adams, Massachusetts for renovation 

of the North Adams Armory into a community center; 346. $200,000 to Greenfield, Massachusetts for renovation of 

the First National Bank Building; 347. $350,000 to the Massachusetts College of Pharmacy and 

Health Sciences in Worcester, Massachusetts for construction of 

new multi-use education facilities; 

348. $200,000 to Holyoke Community College in Holyoke, Massachusetts for land acquisition; 349. $150,000 for the City of Boston, Massachusetts for the 

City of Boston Affordable Housing Environmental Remediation 

Project; 

350. $100,000 for the Massachusetts 9/11 Fund, Boston, Massachusetts for the planning, design and implementation of a memorial; 

351. $100,000 for St. Mary’s College in Orchard Lake, Michigan for renovation of library and dormitory facilities; 

352. $125,000 for Lawrence Tech in Southfield, Michigan for 

facilities renovation and enhancements for the Center for Innovative Materials for Infrastructure Security; 

353. $125,000 for the Michigan Jewish Institute for construction, buildout, and equipment for the College Academic Center; 

354. $125,000 to Genesee County, Michigan for land acquisition in support of the Genesee County Land Reutilization Plan, in 

collaboration with the City of Flint; 

355. $175,000 to the City of Detroit, Michigan for demolition 

of abandoned housing stock; 

356. $175,000 to the City of Detroit, Michigan for design and 

construction of the Belle Isle Natural Zoo; 

357. $200,000 for Boysville of Michigan for renovations and upgrades at various locations; 

1068

358. $200,000 to the National Center for Manufacturing 

Sciences in Ann Arbor, Michigan for facilities improvements and 

buildout related to the development and deployment of advanced 

technologies to the manufacturing base; 

359. $300,000 to Focus: HOPE in Detroit, Michigan for facilities renovation; 

360. $200,000 to the Arab Community Center for Economic 

and Social Services in Dearborn, Michigan for construction of an 

Arab American National Museum and Cultural Center; 

361. $225,000 to the City of Menominee, Michigan for renovation of recreational facilities; 

362. $300,000 to Mercy Hospital Cadillac in Cadillac, Michigan 

for facilities construction and renovations for the Healthcare Improvement and Access Initiative; 

363. $450,000 for Automotion Alley for facilities construction, 

improvements and buildout for a Technology Center in Troy, Michigan; 

364. $1,000,000 for the State of Michigan for costs associated 

with the relocation of the A.E. Seaman Mineral Museum; 

365. $250,000 for the City of Detroit, Michigan for the Detroit 

Riverfront revitalization project; 

366. $500,000 for the City of Saginaw, Michigan for the South 

Washington Street Improvement Initiative; 

367. $500,000 for the Mexicantown Community Development 

Corporation, Detroit, Michigan for the construction of a welcome 

center; 

368. $225,000 for the City Opera House Heritage Association, 

Traverse City, Michigan for costs associated with restoration; 

369. $250,000 for the City of Parchment, Michigan for the 

Parchment Brownfield Redevelopment Project; 

370. $100,000 to the Audubon Center of the North Woods in 

Minnesota for facilities construction and renovation; 

371. $100,000 to Leech Lake Tribal College in Minnesota for 

planning and site development for establishment of a new campus; 

372. $125,000 to Fond Du Lac Tribal and Community College 

in Minnesota for design and construction of a multi-use facility; 

373. $150,000 to the Minneapolis American Indian Center in 

Minneapolis, Minnesota for facility renovation and construction; 

374. $150,000 to the Greater Minneapolis Council of Churches 

in North Minneapolis, Minnesota for construction of the Center for 

Families; 

375. $150,000 to the Northside Residents Redevelopment 

Council in Minneapolis, Minnesota for building construction; 

376. $150,000 to the Labor Interpretive Center in Minnesota 

for construction of a memorial; 

377. $225,000 to the Redwood County Agricultural Society in 

Minnesota for fairground grandstand renovation and construction 

of facilities; 

378. $187,500 for the City of St. Paul, Minnesota for rehabilitation needs at the Ames Lake Neighborhood/Phalen Place Apartments; 

379. $187,500 for the Shelter House in Willmar, Minnesota for 

a new building project; 

1069

380. $187,500 for Minnesota Corn Growers Association in 

Shakopee, Minnesota for the construction of a new facility; 

381. $187,500 for the City of Roseau, Minnesota for the rehabilitation of damaged housing; 

382. $500,000 for Tchula, for the development of the Mississippi Municipal Complex; 

383. $500,000 for the City of Oxford, Mississippi for the City 

of Oxford Innovation and Outreach Center; 

384. $1,000,000 for the City of Meridian, Mississippi for the rehabilitation of the Riley Education and Performing Arts Center; 

385. $1,000,000 for Mississippi State University for the renovation of the Lloyd-Ricks Building; 

386. $250,000 for the City of Richton, Mississippi for repairs 

associated with the City of Richton’s Municipal Complex; 

387. $500,000 for Brookhaven, Mississippi for the rehabilitation of the Lincoln County and City of Brookhaven’s Courthouse; 

388. $500,000 for the City of Pearl, Mississippi for the renovation of the City of Pearl’s Community Center; 

389. $500,000 for the City of Holly Springs, Mississippi for the 

North Memphis Street District Redevelopment and Revitalization; 

390. $250,000 for John C. Stennis Institute of Government, 

Mississippi State, Mississippi, for the Capacity Development Initiative; 

391. $100,000 to the Town of Bolton Development Corporation 

in Bolton, Mississippi for acquisition and renovation of a multipurpose community facility; 

392. $150,000 to Harrison County, Mississippi for construction 

of waterfront facilities; 

393. $325,000 to the Yoknapatawpha Arts Council in Oxford, 

Mississippi for facilities renovation; 

394. $60,000 to the City of Joplin, Missouri for a feasibility 

study and facilities improvements for the restoration of the Joplin 

Union Depot; 

395. $100,000 for the Eugene Field House Foundation in St. 

Louis, Missouri for the Eugene Field House restoration; 

396. $75,000 to the City of St. Louis, Missouri for streetscape 

improvements; 

397. $75,000 to St. Louis County, Missouri for streetscape improvements;

398. $75,000 to Jefferson County, Missouri for streetscape improvements along Jeffco Boulevard; 

399. $100,000 to the Liberty Memorial Museum in Kansas 

City, Missouri for museum renovation; 

400. $450,000 to the City of Kansas City, Missouri for the 

Union Hill Redevelopment Project, including but not limited to 

streetscape improvements; 

401. $175,000 to the City of Cape Girardeau, Missouri for the 

painting of a mural on the Cape Girardeau, Missouri flood wall; 

402. $225,000 to the Missouri Soybean Association for the purchase of a building for use as an Incubation Center in Kansas City, 

Missouri; 

403. $900,000 to the City of Springfield, Missouri for construction of a community multipurpose facility; 

1070

404. $450,000 to Carrolton, Missouri for the Downtown Revitalization Project; 

405. $400,000 to Community Builders of Kansas City, Missouri 

for the Blue Parkway Town District Project; 

406. $450,000 to Kansas City, Missouri for the Columbus Park 

Redevelopment Project; 

407. $250,000 to the Harvesters Food Bank in Kansas City, 

Missouri for the Capital Campaign Construction project; 

408. $500,000 to the City of St. Louis, Missouri for equipment 

and training for the Lead Abatement Project; 

409. $250,000 to the Central Missouri Food Bank, Columbia, 

Missouri for a new Capital Campaign Construction Project; 

410. $360,000 to the St. Patrick Center in St. Louis, Missouri 

for renovations and improvements for the homeless partnership 

center; 

411. $250,000 for the Stars and Stripes Museum/Library Association in Stoddard County, Missouri for archiving facility upgrades 

and equipment; 

412. $500,000 for the Negro Leagues Baseball Museum in Kansas City, Missouri for renovations to the Buck O’Neil Research and 

Education Center; 

413. $90,000 for the Capitol City Area Council for Special Services in Cole County, Missouri for costs associated with the construction of the Low Income Family Program expansion; 

414. $600,000 for the City of Maryville, Missouri for neighborhood revitalization; 

415. $1,000,000 for the Metropolitan Parks & Recreation District in St. Louis, Missouri for feasibility, engineering, and design 

of the Choteau Lake and Greenway Project; 

416. $250,000 for the Mid-Missouri Regional Planning Commission, Ashland, Missouri for construction costs related to the Life 

Sciences Technology Incubator; 

417. $500,000 for the City of Raytown, Missouri for downtown 

revitalization; 

418. $500,000 for the Urban League of Kansas City, Missouri 

for costs associated with construction; 

419. $500,000 for Grand Center, Inc. in St. Louis, Missouri for 

construction of a multipurpose facility for the Charmaine Chapman 

Community Center; 

420. $450,000 for the City of Clarksville, Missouri for costs associated with construction of the Riverfront Development Project; 

421. $500,000 for the Friends of the RB Project, Inc. in Stockton, Missouri for costs associated with construction of the Friends 

of RB Stockton Lake Community Project; 

422. $1,000,000 for the University of Missouri-Kansas City for 

construction of the Cardiovascular Proteomics Center; 

423. $400,000 for the National Children’s Cancer Society in St. 

Louis, Missouri for construction; 

424. $500,000 for the Daly Mansion Preservation Trust, 

Hamiliton, Montana for the Marcus Daly Mansion Renovation 

Project; 

425. $500,000 for the Story Mansion, Bozeman, Montana for 

historical renovations and improvements; 

1071

426. $650,000 for the Deaconess Billings Clinic, Billings, Montana for additions to the research division; 

427. $500,000 for St. Vincent’s Foundation, Billings, Montana 

for construction of a senior citizens facility; 428. $900,000 for the Big Sky Economic Development Authority, Billings, Montana for economic development outreach; 429. $150,000 for the Great Falls Development Authority, 

Great Falls, Montana for economic development outreach; 430. $400,000 for the Southwest Boys and Girls Club, Bozeman, Montana for construction of a new facility; 431. $200,000 for Missoula Aging Services, Missoula, Montana 

for expansions and renovations; 432. $400,000 to the Yellowstone Boys and Girls Ranch in Billings, Montana for facilities construction and renovations; 433. $350,000 for the Bozeman Library, Bozeman, Montana for 

renovations and infrastructure; 

434. $250,000 for the City of Omaha, Nebraska for infrastructure redevelopment to use in connection with the conversion and 

redevelopment of the Heritage Services redevelopment project; 435. $375,000 for the Omaha Performing Arts Society in 

Omaha, Nebraska for construction costs associated with the Omaha 

Performing Arts Center; 436. $625,000 for the North Omaha Housing Initiative in 

Omaha, Nebraska for the development of affordable housing; 437. $325,000 to Girls and Boys Town of Boys Town, Nebraska 

for the national priority projects of Girls and Boys Town USA; 438. $450,000 for Falls City, Nebraska for the development of 

infrastructure for an industrial park; 439. $450,000 to the Boys and Girls Home of Nebraska for renovation of the Columbus Community Hospital in Columbus, Nebraska; 

440. $385,000 for the City of Las Vegas, Nevada for renovations to a historic post office building; 441. $75,000 to the City of North Las Vegas, Nevada for planning and construction of a public library; 

442. $200,000 to the City of Henderson, Nevada for the purchase and renovation of buildings to revitalize the downtown area; 

443. $225,000 to the City of Sparks, Nevada for rehabilitation 

of the Deer Park Pool facilities; 

444. $350,000 for the City of North Las Vegas, Nevada for a 

neighborhood beautification project; 

445. $350,000 for the City of Reno, Nevada for the construction 

of the Reno Homeless Resource Center; 

446. $350,000 for Community Chest, Inc., Virginia City, Nevada for construction of a youth and community resource center; 

447. $350,000 for the City of Reno through the Hispanic Chamber of Commerce, Nevada for streetscaping improvements; 

448. $200,000 for WestCare Foundation in Las Vegas, Nevada 

for renovations of facilities; 

449. $50,000 for the YMCA of Southern Nevada in Las Vegas 

for facility renovations; 

450. $1,000,000 for the V.I.C.T.M. Family Center in Washoe 

County, Nevada for the construction of a facility for multi-purpose 

social services referral and victim counseling; 

1072

451. $790,000 for the City of Nashua, New Hampshire to renovate and expand the Nashua Senior Center; 

452. $500,000 for the City of Nashua, New Hampshire for the 

restoration of Mines Falls Park; 

453. $700,000 for the Greater Manchester YMCA, Manchester, 

New Hampshire for renovation of facilities; 

454. $550,000 for City of Portsmouth, New Hampshire to assist 

in the creation of a safe pedestrian link (Portsmouth Piscataqua 

Riverwalk) between scenic and historic destinations and New 

Hampshire’s only working deep-water seaport; 

455. $100,000 for the Town of Troy, New Hampshire for the 

Troy Economic Development Initiative; 

456. $500,000 for the City of Claremont, New Hampshire, for 

the Claremont Economic Development Initiative/Renovation of Historic Mills; 

457. $400,000 for the City of Concord, New Hampshire for the 

renovation of Penacook Mills; 

458. $80,000 for the Lancaster Main Street Program in Lancaster, New Hampshire for facilities renovations and improvements 

for the Great North Woods Welcome Center; 

459. $1,000,000 for the State of New Jersey for construction 

costs associated with the South Jersey Rural Economic Development Corporation; 

460. $1,000,000 for the New Jersey Community Development 

Corporation in Paterson, New Jersey for construction of a Transportation Opportunity Center; 

461. $75,000 to Ujima Ministries, Inc. in Mercer County, New 

Jersey for facilities construction; 

462. $75,000 to the County of Hunterdon, New Jersey for design and construction of a senior center; 

463. $125,000 to the Essex County Environmental Center in 

Roseland, New Jersey for renovation and construction to accommodate facilities expansion; 

464. $175,000 to the Robert Wood Johnson University Hospital 

in New Jersey for construction related to the expansion of the children’s hospital; 

465. $200,000 to the Jersey City Medical Center in New Jersey 

for construction; 

466. $225,000 to the Morris Area YMCA, Morris County, New 

Jersey for facilities construction and renovation;

467. $225,000 to the Somerset Hills YMCA in Basking Ridge, 

New Jersey for facilities construction and renovation; 

468. $225,000 to Ramapo College of New Jersey for construction of the Bill Bradley Sports and Recreation Center; 

469. $225,000 to Rutgers University in New Jersey for land acquisition for LEAP University High School; 

470. $250,000 to the Edison Preservation Foundation in New 

Jersey for building rehabilitation; 

471. $300,000 to the Township of Mount Holly, New Jersey, for 

an economic planning study for the Mount Holly bypass corridor 

($50,000) and for construction of affordable housing units 

($250,000); 

1073

472. $380,000 to the Borough of North Arlington, New Jersey 

for sidewalk, curbs and fac ̧ade improvements in the Morton Avenue 

neighborhood; 

473. $500,000 for the Boys and Girls Club of Santa Fe, New 

Mexico to construct a new facility; 

474. $500,000 to the City of Albuquerque, New Mexico, to complete construction and renovation of buildings occupied by the 

Cuidando los Ninos program for homeless children and families 

(the John Marshal Renovation Project, Phase II, Cuidando los 

Ninos site); 

475. $700,000 for the Hobbs Industrial Air Park redevelopment 

project in Hobbs, New Mexico; 

476. $640,000 for the Village of Tijeras, New Mexico for construction of an addition to the Tijeras Village Hall; 

477. $360,000 for the Town of Taos, New Mexico, for the 

DreamTree Project Transitional Living Program Apartments to 

serve homeless, abused, and neglected youth; 

478. $1,600,000 for the Town of Taos, New Mexico, to complete 

construction and lining of the Paseo del Canon Drainage Channel 

and related safety fencing; 

479. $200,000 for Dona Ana County, New Mexico, for the Veterans Memorial Wall to honor war veterans; 

480. $100,000 to the Hubbard Museum of the American West 

located in Ruidoso, New Mexico for facilities expansion; 

481. $225,000 to the Wheels Museum, Inc. for planning and 

land acquisition in New Mexico; 

482. $250,000 for the Sephardic Community Center, Brooklyn, 

New York for a building addition for seniors, adults, teenagers and 

children; 

483. $250,000 for the Broome-Tioga Workforce Development 

System in New York to create a business incubator; 

484. $250,000 for Schines Theatre, Auburn, New York for restoration of the facility; 

485. $250,000 for the Foothills Performing Arts Center, Inc., 

Oneonta, New York for construction of a new facility; 

486. $250,000 for Southern Tier Sports and Recreation Center, 

Inc. in Binghamton, New York for development of a Community 

Center Complex; 

487. $200,000 to Sephardic Bikur Holim in New York for facilities construction; 

488. $50,000 to the Lackawanna Area Chamber of Commerce, 

in conjunction with the Lackawanna Community Development Corporation and local veterans organizations, for the Veterans’ Stadium Restoration Project in Lackawanna, New York; 

489. $60,000 to the Town of Niagara, New York to complete 

buildout of a community center; 

490. $100,000 to Eastern Long Island Hospital in Greenport, 

New York for facilities renovation; 

491. $100,000 to the Town of Brookhaven, New York for construction of the Gorden Heights Community Center; 

492. $75,000 to the Broome County Jewish Community Center 

in Binghamton, New York for renovation and construction of an 

early childhood development center; 

1074

493. $75,000 to the United Cerebral Palsy Association of 

Greater Suffolk, Inc. in Suffolk County, New York for land acquisition; 

494. $75,000 to the Town of Freeport, New York for renovations of buildings; 

495. $75,000 to the Town of North Hempstead, New York for 

streetscape, fac ̧ade and building renovation in the hamlet of New 

Cassel; 

496. $75,000 to the Cross Island YMCA of Queens, New York 

for facilities expansion and renovation; 

497. $75,000 to the Jamaica YMCA of Jamaica in New York, 

New York for facilities expansion and renovation; 

498. $75,000 to 1409 Enterprises, Inc. in Buffalo, New York for 

facilities renovation; 

499. $80,000 to Wayne County, New York for relocation of and 

renovations to the Wolcott Carriage House; 

500. $80,000 to the Castle Hill, Bronx, New York YMCA for facilities construction; 

501. $100,000 to the Staten Island Economic Development Corporation located in New York for completion of an updated Overall 

Economic Development Plan; 

502. $350,000 to the Metropolitan Development Association in 

Syracuse, New York for the VISION 2010 Economic Development 

plan; 

503. $100,000 to Wayne County, New York for a feasibility 

study on the planned reuse of the surplus real estate of the Newark Developmental Center Area; 

504. $100,000 to the City of Syracuse, New York for renovations to the Redhouse Theater; 

505. $100,000 to the Gloria Wise Boys and Girls Club in the 

Bronx, New York for facilities renovation; 

506. $100,000 to the Town of Greenburgh, New York for expansion and renovation of a public library; 

507. $100,000 to the Village of Hastings-on-Hudson, New York 

for renovations to a senior and youth community center; 

508. $100,000 to the Village of Briarcliff Manor, New York for 

streetscape improvements; 

509. $100,000 to the Regional Foodbank of Northeastern New 

York for construction and renovation of facilities; 

510. $100,000 to the 59th Street Recreation Center in New 

York, New York for facilities renovation; 

511. $100,000 to the City of New York’s Department of Parks 

and Recreation for construction of a nature center in Crotona Park; 

512. $110,000 to Cayuga County, New York for rehabilitation 

of the Sterling Renaissance Performance Artist Guild facilities in 

the Town of Sterling, New York; 

513. $100,000 to the Erie Canalway National Heritage Corridor Commission in New York State to finalize planning activities 

for the Commission’s comprehensive management plan; 

514. $125,000 to the Village of Saugerties, New York for 

streetscape including sidewalk replacement; 

515. $125,000 to the Town of Sleepy Hollow, New York for construction of a new senior center; 

1075

516. $280,000 to the City of Yonkers, New York for renovation 

of the Nepperhan Valley Technology Center; 

517. $125,000 to Alianza Dominicana Inc. in New York, New 

York for facilities construction; 

518. $125,000 to Boricua College in New York for building renovation; 

519. $125,000 to the Washington Heights’ Armory Foundation 

for facilities renovations in New York; 

520. $140,000 to the Broadway Market Management Corp. in 

Buffalo, New York for renovation of the Broadway Market; 

521. $150,000 to the Staten Island University Hospital for the 

construction of the Regina McGinn Education Center in New York; 

522. $150,000 to On Your Mark in Staten Island, New York for 

facilities renovations for a community center; 

523. $150,000 to the Town of Lancaster, New York for construction activities of the Landmark Clock project; 

524. $150,000 to the Village of Owego, New York for construction of a community center; 

525. $150,000 to LaGuardia Community College in New York 

for facilities renovation to house a small business incubator; 

526. $150,000 to the Brooklyn Public Library in New York for 

restoration of the central plaza; 

527. $200,000 to the Elizabeth Pierce Olmsted Center in 

Cheektowaga, New York for construction of an affordable housing 

project for handicapped individuals with an emphasis on individuals with visual impairments; 

528. $200,000 to the City of Syracuse, New York for renovation 

of the Girls Inc. building; 

529. $200,000 for Cornwall, New York for Main Street revitalization; 

530. $200,000 to Onondaga County, New York for restoration 

of the Nine Mile Creek Aqueduct in Camillus, New York; 

531. $200,000 to the Hebrew Academy for Special Children in 

Brooklyn, New York for construction and renovation of a facility; 

532. $200,000 to Schenectady, New York for expansion of Proctor’s Theatre; 

533. $200,000 to the Greater Ridgewood Restoration Corporation in New York for streetscape improvements along the Brooklyn/

Queens border; 

534. $225,000 to Putnam County, New York for streetscape improvements along the Rt. 52 Corridor; 

535. $225,000 to D’Youville College in Buffalo, New York for 

facilities renovation, expansion and buildout for the D’Youville College Library Improvement project; 

536. $250,000 to the City of Syracuse, New York for renovations to a stone building in Elmwood Park; 

537. $250,000 to the City of Syracuse, New York for facilities 

renovation of the Open Hand Theater; 

538. $250,000 to Onondaga County, New York for construction 

and expansion of the North Area YMCA;

539. $250,000 to the State University of New York Environmental School of Forestry for facility renovations and improvements in Onondaga Park; 

1076

540. $250,000 to the City of Syracuse, New York for Automobile Row streetscape improvements; 

541. $275,000 to the Natural History Museum of the Adirondacks for construction of a new museum in New York; 

542. $280,000 to the Bedford-Stuyvesant YMCA in Brooklyn, 

New York for renovation and construction of a youth and family 

center; 

543. $300,000 to Houghton College, New York for renovation of 

the Paine Science Center; 

544. $300,000 to Wayne County, New York for demolition and 

facilities construction improvements at Sodus Point Park; 

545. $350,000 to Per Scholas: Workforce Enterprise Service in 

the Bronx, New York for renovation of warehouse space to house 

the WorkSmart program; 

546. $400,000 to the Mary Mitchell Family and Youth Center 

in the Bronx, New York for construction of the Austin Jacobo Center for Community Leadership; 

547. $350,000 to the State University of New York College of 

Environmental Science and Forestry for the acquisition, renovation 

and construction of facilities for the North Country Campus Economic Development and Improvement Program in Clayton, New 

York; 

548. $100,000 to the Battle of Plattsburgh Association in 

Plattsburgh, New York to rehabilitate a building on the former 

Plattsburgh Air Force Base; 

549. $450,000 to the Belmont Shelter Corporation for the construction of the Shawnee Landing Senior Apartments in Wheatfield, New York; 

550. $450,000 to the Metropolitan Museum of Art in New York 

City for fac ̧ade restoration improvements; 

551. $220,000 to the Museum of Modern Art in New York City 

for expansion and renovations to the Education and Research Center; 

552. $450,000 to Jazz at Lincoln Center in New York City for 

facilities construction; 

553. $450,000 to the New York Public Library in New York 

City for renovations to their Map Division; 

554. $500,000 to Onondaga County, New York for renovations 

to the Fayetteville Library; 

555. $500,000 to the City of Syracuse, New York for facilities 

restoration and expansion of the Landmark Theater; 

556. $500,000 to the WXXI Public Broadcasting Council in 

Rochester, New York for facilities construction and improvements 

for an Educational Outreach Center; 

557. $500,000 to Wayne County, New York to construct a new 

Livestock building at the Wayne County fairgrounds; 

558. $750,000 to the New York State Olympic Regional Development Authority for facilities construction; 

559. $1,000,000 to Nazareth College in Rochester, New York 

for renovations of their Academic Center; 

560. $1,250,000 to Utica College of Syracuse in Utica, New 

York for design and construction for the expansion of science facilities; 

1077

561. $100,000 to the City of Utica, New York for construction 

of the North Utica Senior Citizens Recreation Center; 

562. $100,000 to the City of Mount Vernon, New York for restoration of an abandoned building into a job training and cultural 

center; 

563. $215,000 to the Simon Wiesenthal New York Tolerance 

Center in New York City for facilities renovation; 564. $250,000 to Greene County, New York for the Michael J. 

Quill Irish Cultural and Sports Centre for facilities renovations; 565. $75,000 to CAARE, Inc. in Durham County, North Carolina for construction, renovation and buildout of a one-stop service 

center for individuals affected by HIV/AIDS; 566. $100,000 to the City of Greenville, North Carolina for 

building demolition and building renovation in the West Greenville 

neighborhood; 567. $100,000 to the North Carolina Institute of Minority Economic Development for restoration, renovation and buildout of a 

building in downtown Durham, North Carolina; 568. $125,000 to North Carolina Community Development Initiative Capital, Inc. for capitalization of a loan fund; 569. $125,000 to the Food Bank of North Carolina for renovation and buildout of a food bank facility; 570. $300,000 for Bennett College, Greensboro, North Carolina 

for a community revitalization project; 571. $150,000 to the Center for Community Self-Help in Durham, North Carolina for acquisition of property; 572. $175,000 to the City of Raleigh, North Carolina for reuse 

planning for the Fayetteville Street Mall and for streetscape improvements, pedestrian benches, street lights, tree planting, entertainment space construction and water fountain construction; 573. $200,000 to the Town of Wadesboro, North Carolina for 

facilities renovations to the Ansonia Theatre; 

574. $200,000 to the City of Durham, North Carolina for revitalizing Historic Parrish Street, including facilities construction/

renovation and buildout; economic development planning assistance; sidewalks, street furniture, and fac ̧ade improvements; and 

land acquisition; 

575. $200,000 to the Grape Arbor Development Corporation for 

construction and buildout of a Youth Enhancement Center; 

576. $150,000 to Scotland County, North Carolina for facilities 

expansion and construction for the Scotland County Recreation 

Center; 

577. $200,000 to North Carolina Central University for construction, buildout, and equipment for a bioprocessing research institute; 

578. $265,000 to Mayland Community College in Spruce Pine, 

North Carolina for facilities renovations for the Lexington project; 

579. $100,000 for the Graveyard of the Atlantic Museum, Hatteras, North Carolina to complete construction; 

580. $125,000 to the Central Piedmont Community College 

American Academy of Applied Forensics in Charlotte, North Carolina for facilities construction; 

581. $275,000 to the Town of Troy, North Carolina for a pilot 

program for the construction of affordable housing; 

1078

582. $750,000 to the Pisgah Forest Institute at Brevard College 

in Brevard, North Carolina for facilities construction; 

583. $200,000 to the North Carolina Museum of Natural 

Sciences for construction of the Nature Research Center; 

584. $500,000 for Transylvania County, North Carolina for construction of a library; 585. $600,000 for the City of Rugby, North Dakota to complete 

information technology and energy projects; 586. $400,000 for Lewis and Clark CommunityWorks, Bismarck, North Dakota for the Mandan Library Square project; 587. $500,000 for the Northwest Venture Communities Inc., 

Minot, North Dakota for the construction of the Northwest Career 

and Technology Center; 588. $500,000 for Three Affiliated Tribes Tourism Department, 

New Town, North Dakota for a cultural interpretive center; 589. $600,000 to Sitting Bull College on the Standing Rock 

Sioux Reservation in North Dakota for facilities planning and construction; 

590. $100,000 for Jamestown, Ohio to renovate the Jamestown 

Opera House; 591. $100,000 to Tuscarawas County, Ohio for infrastructure 

for an industrial park; 592. $100,000 to Ross County, Ohio for construction of a regional multipurpose facility in Chillicothe, Ohio; 593. $100,000 to the Center for Families and Children in 

Cleveland, Ohio for design and construction of a medical campus; 594. $100,000 to COMPASS Toledo in Toledo, Ohio for facilities rehabilitation; 

595. $100,000 to Ohio Theatre, Inc. in Toledo, Ohio for marquee and facade rehabilitation of the Ohio Theatre; 596. $100,000 to North River Development Corporation in Toledo, Ohio for economic development planning for the Galena Street 

Redevelopment Project; 597. $100,000 to the Bay Area Neighborhood Development Corporation in Sandusky, Ohio for facilities improvements and construction in blighted areas; 

598. $125,000 to the Ottawa Community Development Corporation in Toledo, Ohio for building construction and renovation 

along Monroe Street; 

599. $125,000 to the East Toledo Family Center in Toledo, 

Ohio for building renovations; 

600. $200,000 to Oberlin College, Oberlin, Ohio for construction to support the East College Street Project; 

601. $200,000 to the City of Toledo, Ohio for renovation of a 

community recreation facility; 

602. $200,000 to the J. Frank Troy Senior Center in Toledo, 

Ohio for renovation and construction; 

603. $225,000 to the Dayton/Montgomery County Port Authority, Ohio for land acquisition, demolition, and site development for 

a commercial office center at Patterson Place; 

604. $275,000 to the City of St. Clairsville, Ohio for restoration 

of the Clarendon Hotel; 

605. $300,000 for Ohio Wesleyan University to renovate 

Merrick Hall; 

1079

606. $300,000 for Catholic Social Services in Springfield, Ohio 

for renovation of a facility to house the Second Harvest Foodbank; 

607. $300,000 for the Springfield Arts Council for renovation of 

the Veterans Park Amphitheater in Springfield, Ohio; 

608. $350,000 to the Cincinnati Museum Center in Cincinnati, 

Ohio for restoration and expansion of facilities; 

609. $350,000 to Lake Erie College in Painesville, Ohio for construction of an athletic and wellness center;

610. $450,000 to the Portsmouth Area Chamber of Commerce 

in Portsmouth, Ohio for construction of the Sciot County Welcome 

Center; 

611. $2,300,000 to the City of Canton, Ohio for land acquisition 

and related site preparation activities; 

612. $500,000 to the Dayton Development Coalition, Ohio for 

land and site acquisition, demolition, site preparation and facilities 

construction; 

613. $700,000 for Franklin County Metro Parks, Franklin 

County, Ohio for the purchase of land in the Darby Creek Watershed; 

614. $1,000,000 for the City of Dayton, Ohio for the development of structures in the W. Third Street Historic District; 

615. $500,000 for the Toledo-Lucas County Port Authority for 

the Northwest Ohio Brownfield Restoration Initiative; 

616. $300,000 for the Cleveland Advanced Manufacturing Program [CAMP], Ohio to renovate and continue construction of the 

Cleveland Manufacturing Technology Complex [CMTC]; 

617. $450,000 for the Johnny Appleseed Heritage Center, Inc. 

in Ashland County, Ohio for construction of facilities; 

618. $800,000 to the Dayton Development Coalition for the development of a commercial and industrial site near the airport in 

Dayton, Ohio; 

619. $250,000 to the Village of Cedarville, Ohio for the construction of a library; 

620. $500,000 for Miami University of Ohio in Oxford, Ohio for 

construction of biological science facilities; 

621. $150,000 to the Heartland of American Foundation for facilities construction for the Heartland of America Museum in 

Weatherford, Oklahoma; 

622. $150,000 to Area Neighbors in Wagoner, Oklahoma for facilities construction; 

623. $225,000 to the Lawton/Fort Sill Chamber of Commerce 

and Industry in Lawton, Oklahoma for construction of the National 

Army Museum of the Southwest; 

624. $225,000 to the Standing Bear Museum and Education 

Center in Ponca City, Oklahoma for facilities construction; 

625. $90,000 to the City of Portland, Oregon for Portland Central City streetscape and neighborhood integration planning; 

626. $100,000 to the City of Portland, Oregon for architectural 

and engineering design for the Portland Public Market; 

627. $200,000 to the City of Salem, Oregon for construction of 

a civic center; 

628. $275,000 for Union and Wallowa Counties, Oregon for 

purchase of a railroad line for tourism development; 

1080

629. $200,000 for the City of The Dalles, Oregon for the completion of a fiber optic loop; 630. $800,000 for the Portland Development Commission, Portland, Oregon for the South Waterfront Greenway Project; 631. $400,000 for the Portland Development Commission, Portland, Oregon for affordable housing in North Macadam Central 

District; 

632. $200,000 for the City of Portland, Oregon for the Central 

City Eastside Streetcar project; 633. $100,000 for the City of Astoria, Oregon for restoration to 

the Astoria Column Cultural Heritage Center; 634. $50,000 for the Umatilla Community Recreation Center, 

Oregon for construction; 635. $75,000 to the Penn-Brad Oil Museum in Bradford, Pennsylvania for facilities improvements and landscaping; 636. $110,000 to the City of Philadelphia, Pennsylvania for 

Blue Horizon fac ̧ade restoration and facilities rehabilitation; 

637. $75,000 to the Rock School in Philadelphia, Pennsylvania 

for facilities renovation; 

638. $200,000 to the City of Pittsburgh, Pennsylvania for building demolition, renovation, and streetscape improvements as part 

of the Pittsburgh Neighborhood Needs Program; 639. $75,000 to the Lawrenceville Corporation in Pittsburgh, 

Pennsylvania for land acquisition and site preparation; 640. $75,000 to the Shadyside, Pennsylvania Chamber of Commerce for streetscape and lighting improvements along the Walnut 

Street business corridor; 

641. $100,000 for the Urban Redevelopment Authority, in 

Pittsburgh, Pennsylvania, to revitalize the Centre Avenue Corridor 

through acquisition and redevelopment of vacant structures and 

lots in the community; 642. $100,000 to the Borough of Morrisville, Pennsylvania for 

a redevelopment study; 643. $100,000 to the Hepatitis B Foundation in conjunction 

with Delaware Valley College for the planning and design of a Biotechnology Research Complex in the Philadelphia suburbs of Bucks 

County, Pennsylvania; 

644. $120,000 to the National Trust for Historic Gettysburg, 

Pennsylvania for restoration of the Majestic Theater; 

645. $100,000 to the Strand-Capitol Performing Arts Center in 

York City, Pennsylvania for facilities renovation; 

646. $100,000 to the Sultan Ahmad Community Foundation in 

Philadelphia, Pennsylvania for community center construction; 

647. $100,000 to ONUNDE, Inc. of Philadelphia, Pennsylvania 

for facility construction; 

648. $100,000 to the Absalom Jones Foundation in Philadelphia, Pennsylvania for renovation of the Historic Grand Lodge; 

649. $100,000 to the Philadelphia Dance Company in Pennsylvania for renovation of performance facilities; 

650. $100,000 to the Greater Germantown Housing Development Corporation in Philadelphia, Pennsylvania for renovations to 

buildings; 

651. $100,000 to the Parkside Historic Preservation Corporation in Philadelphia, Pennsylvania for renovations to buildings; 

1081

652. $100,000 to Cheltenham Township, Pennsylvania for renovations to buildings; 653. $135,000 to Mt. Airy USA in Philadelphia, Pennsylvania 

to continue a redevelopment and urban renewal initiative; 654. $100,000 to the Beech Capital Venture Corporation in 

Philadelphia, Pennsylvania for renovations to buildings; 655. $100,000 to Mercy-Douglass Center of Philadelphia, Pennsylvania for facilities renovation; 656. $100,000 to the Borough of Jenkintown, Pennsylvania for 

renovation of a theater; 

657. $100,000 to the Borough of Minersville, Pennsylvania for 

streetscape improvements; 658. $100,000 to the Seldom Seen Mine in Patton, Pennsylvania for facilities renovations to permit display of equipment; 659. $125,000 to the City of Lebanon, Pennsylvania for demolition and building restoration; 660. $125,000 to the City of Lebanon, Pennsylvania for construction of recreation facilities for the Lebanon Valley Family 

YMCA; 

661. $125,000 to the City of Pittston, Pennsylvania for land acquisition, facilities renovation and demolition; 662. $125,000 to the City of Scranton, Pennsylvania for land 

acquisition, facilities renovation and demolition; 663. $250,000 for the Scranton Cultural Center at the Masonic 

Temple for facilities renovation and expansion; 664. $150,000 to the Pennridge Senior Center for the planning, 

design, and construction of a senior center in Perkasie, Pennsylvania; 

665. $150,000 to the Borough of Donora, Pennsylvania for construction of a pavilion at Palmer Park; 666. $300,000 to Indiana University of Pennsylvania for construction of an on-campus multi-use facility; 667. $100,000 to the Borough of Northern Cambria, Pennsylvania for construction of a community recreation center; 

668. $200,000 to Fayette County, Pennsylvania for renovation 

of the Wellness and Research Center; 

669. $200,000 to Greene County, Pennsylvania for renovation 

of a community center; 

670. $225,000 to the Phoenixville Area Economic Development 

Corporation for restoration of the Phoenixville Foundry building in 

Phoenixville Borough, Pennsylvania; 

671. $225,000 to the Westmoreland County Industrial Development Corporation for property acquisition and demolition for the 

Jeannette, Pennsylvania Downtown Redevelopment Plan; 

672. $250,000 to the Urban Education Research and Retreat 

Center in Philadelphia, Pennsylvania for facility renovations at the 

4601 Market Street Building; 

673. $250,000 to the City of Lower Burrell, Pennsylvania for 

construction of recreational facilities at Community Park, including 

a pavilion; 

674. $250,000 to Seton Hill College in Greensburg, Pennsylvania for construction of recreational facilities; 

675. $300,000 to the Borough of Brownsville, Pennsylvania for 

building renovation; 

1082

676. $300,000 to Washington & Jefferson College in Washington, Pennsylvania for renovation of downtown buildings; 677. $300,000 to Ford City, Pennsylvania for renovation of industrial park buildings; 678. $300,000 to Westmoreland County, Pennsylvania for 

building renovation in the Monessen Riverfront Industrial Park; 679. $325,000 to the University Technology Park, Inc. in Chester, Pennsylvania for facilities construction; 680. $350,000 to the Oil Creek Railway Historical Society located in Titusville, Pennsylvania for facilities renovations, upgrades, landscaping and for the purchase of railway cars; 681. $350,000 for construction of a community center in 

Dushore, Sullivan County, Pennsylvania; 682. $450,000 to the City of Johnstown, Pennsylvania for continuation of construction of a war memorial and conference center;

683. $200,000 to the City of Uniontown, Pennsylvania for construction related to Bailey Park and downtown streetscape, beautification, building renovation and restoration; 684. $150,000 to the Borough of Mount Pleasant, Pennsylvania 

for facilities improvements to the Veterans Park including construction of a veterans wall, monumental fountain, and ceremonial 

stage; 685. $150,000 to the City of Johnstown, Pennsylvania for renovations of historic Point Stadium; 

686. $100,000 for Universal Community Homes in Philadelphia, Pennsylvania, to continue the conversion of more than 500 

parcels of land into for-sale units to low- and moderate-income families; 

687. $100,000 to the Erie Municipal Airport Authority in Erie, 

Pennsylvania, for the redevelopment of the recently acquired, 

former Fenestra window manufacturing facility to serve the needs 

of major air express carriers as an on-airport integrated service 

center; 

688. $300,000 to the Community Initiatives Development Corporation, Our City Reading, in Reading, Pennsylvania, for the rehabilitation of abandoned houses and parks to provide quality 

home ownership opportunities to low-income families; 

689. $50,000 for the City of Erie, Pennsylvania, for site preparation and redevelopment of the vacant and blighted Koehler Brewery Building; 

690. $150,000 for the Borough of Lehighton, Pennsylvania, to 

establish a Market Towns Community Technology Center, which 

will serve as a community technology center to support the Corridor Market Towns regional revitalization initiative; 

691. $125,000 for Downtown Chambersburg, Inc., in Chambersburg, Pennsylvania, to construct the Capitol Theatre Center 

and preserve the 1927 Capitol Theatre as part of a regional arts 

initiative; 

692. $100,000 for the Chester Economic Development Authority, in Chester, Pennsylvania, for the redevelopment of the blighted 

and vacant waterfront district, including the former PECO power 

station into office space; 

693. $75,000 for the Warner Theater Preservation Trust, in 

Erie, Pennsylvania, to restore and expand the historic Warner TheVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01086 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1083

ater, which will serve as the centerpiece of a regional performing 

arts venue; 

694. $100,000 for the City of Bradford, Pennsylvania, to assist 

with the rehabilitation of the Old City Hall Building as the cornerstone of the city’s urban redevelopment plan; 

695. $250,000 for the Greater Wilkes-Barre Chamber of Business and Industry, in Wilkes-Barre, Pennsylvania, for the acquisition and redevelopment of the historic Irem Temple, which will be 

converted into a cultural center; 

696. $75,000 for Nueva Esparanza, in Philadelphia, Pennsylvania, to create a Latino Corridor, as part of an inner city development initiative to transform neighborhood vacant lots and abandoned homes into a vibrant commercial corridor; 

697. $150,000 for Jefferson Square Community Development 

Corporation, in Philadelphia, Pennsylvania, for a home ownership 

development initiative aimed at rejuvenating the inner-city 

through blight removal and construction of modern, low-income 

homes; 

698. $75,000 for Enterprise Center CDC, in Philadelphia, 

Pennsylvania, for the design and development of Enterprise 

Heights, which will contain 50,000 square feet of new and rehabilitated office and retail space; 

699. $100,000 for the Allegheny County Department of Economic Development in Allegheny County, Pennsylvania, for the redevelopment of the former U.S. Steel Carrie Furnace site, as part 

of an effort to stabilize the community through the integration of 

the former industrial area, the adjacent neighborhoods and the 

riverfront; 

700. $200,000 for the Allegheny County Department of Economic Development for the construction of an Industrial Park in 

McKeesport, Pennsylvania, including the rehabilitation of a former 

USX Tube Works site utilizing high performance building techniques; 

701. $75,000 for the City of Hazleton, Pennsylvania, for the 

Pine Street Neighborhood Development Project, including the acquisition and demolition of a blighted warehouse, as well as construction of affordable housing and an office building to house area 

non-profit organizations, which will offer social services to city residents; 

702. $75,000 for the South Philadelphia Area Revitalization 

Corporation, in Philadelphia, Pennsylvania, for the construction of 

low- and moderate-income housing; 

703. $100,000 for the Greater Johnstown Regional Partnership, 

in Johnstown, Pennsylvania to construct a regional technology center as part of a community revitalization initiative; 

704. $75,000 for the Columbia Alliance for Economic Growth, 

in Bloomsburg, Pennsylvania, for technological infrastructure improvements for the Bloomsburg Regional Technology Center; 

705. $300,000 for the City of Lancaster, Pennsylvania for the 

development of an entertainment/retail complex; 

706. $75,000 for the Historic Preservation Trust of Lancaster 

County, Pennsylvania, for rehabilitation of facilities at the Thaddeus Stevens and Lydia Hamilton Smith historic site; 

1084

707. $200,000 to the City of Philadelphia, Pennsylvania, to 

support the Neighborhood Transformation Initiative, which will demolish abandoned homes as well as revitalize the Philadelphia region; 708. $125,000 to the Ogontz Avenue Revitalization Corporation 

in Philadelphia, Pennsylvania, to assist with substantial rehabilitation of severely deteriorated vacant properties that will be developed as a part of the West Oak Lane community development rebuilding initiative; 709. $100,000 to the Philadelphia Chinatown Development 

Corporation in Philadelphia, Pennsylvania, for the construction of 

a Chinatown Community Center; 710. $75,000 to the Invest Erie Community Development Corporation in Erie, Pennsylvania, for the acquisition and development 

of property to establish a Parade Street Plaza; 711. $100,000 to the Town of Burrillville, Rhode Island for 

health/fitness and recreational facilities construction and renovation at the Branch River and Hauser Memorial Field Park areas, 

including pedestrian walkways; 712. $250,000 to the City of Central Falls, Rhode Island for 

recreational facilities construction and renovation; 

713. $200,000 to Salve Regina University in Newport, Rhode 

Island facilities renovations to accommodate laboratory facilities; 714. $700,000 for the Salvation Army of Rhode Island, Providence, Rhode Island for construction of a day care center; 715. $130,000 for the City of North Providence, Rhode Island 

for construction of a senior center; 

716. $300,000 for the YMCA of Greater Providence, Rhode Island for the Village of Promise project; 717. $300,000 for the Sexual Assault and Trauma Center of 

Rhode Island, Providence, Rhode Island to purchase a building for 

the Children’s Advocacy Center; 718. $300,000 for the Providence Public Library, Rhode Island 

for renovations; 

719. $450,000 for the Johnston Senior Citizens Center, Johnston, Rhode Island for the construction of a new senior center; 

720. $170,000 for AS220 and Perishable Theatre, Providence, 

Rhode Island for building refurbishment; 

721. $300,000 for the Pawtucket Armory Association in Pawtucket, Rhode Island for the renovation of the Pawtucket Armory 

as an arts center; 

722. $200,000 for the Warwick Boys and Girls Club, Warwick, 

Rhode Island for building renovations; 

723. $150,000 for the Trinity Repertory Theatre, Providence, 

Rhode Island for the construction of the Pell Chafee Performance 

Center; 

724. $100,000 for Travelers Aid in Providence, Rhode Island 

for building renovations; 

725. $100,000 for the Institute for the Study and Practice of 

Nonviolence for the renovation of the institute in Rhode Island; 

726. $100,000 for the Town of Bristol, Rhode Island for the redevelopment of the waterfront complex; 

727. $100,000 for the Roger Williams Park in Providence, 

Rhode Island for the construction of the Botanical Gardens; 

1085

728. $50,000 for the Seabee Museum and Memorial park in 

North Kingstown, Rhode Island for costs associated with construction; 

729. $50,000 for Harmony Hill School in Chepachet, Rhode Island for construction of Harmony House; 

730. $100,000 to the Eau Claire Development Corporation in 

South Carolina for land acquisition near Farrow Road; 

731. $150,000 to the Golden Harvest Food Bank in Aiken, 

South Carolina for facilities expansion for the Feed the People 

project; 

732. $150,000 to Lee County, South Carolina for Ashwood 

Gymnasium renovations; 

733. $150,000 to Calhoun County, South Carolina for construction of a community recreational facility; 

734. $225,000 to the South Carolina School for the Deaf and 

Blind in Spartanburg, South Carolina for facilities renovation; 

735. $1,000,000 for the Five Rivers Community Development 

Corporation, Georgetown, South Carolina for economic development 

and affordable housing; 

736. $500,000 to the Winchester Conservation Museum, 

Edgefield, South Carolina for expansion; 

737. $2,000,000 for Wakpa Sica Historical Society in Fort 

Pierre, South Dakota for the Wakpa Sica Reconciliation Center; 

738. $400,000 for the City of Parker, South Dakota for the development of a community center;

739. $400,000 for the City of Beresford, South Dakota for the 

Beresford Industrial Infrastructure Development project; 

740. $200,000 for the Aberdeen Workforce Development Council, Aberdeen, South Dakota for costs associated with the Workforce 

Development Center; 

741. $50,000 for the Canton Economic Development Corporation, Canton, South Dakota for infrastructure development; 

742. $1,000,000 for Dakota Wesleyan University, Mitchell, 

South Dakota for facilities construction for the McGovern Library 

and Center for Public Service; 

743. $350,000 for the City of Sioux Falls, South Dakota for the 

expansion and rehabilitation of the Orpheum Theatre; 

744. $200,000 for the City of Vermillion, South Dakota for the 

expansion of the Center for Children and Families; 

745. $100,000 for the City of Redfield, South Dakota for renovations and improvements to the Carnegie Library; 

746. $250,000 to the 28th Legislative District Community Development Corporation for planning activities for the redevelopment of the Bushtown community in Chattanooga, Tennessee; 

747. $100,000 to the Cocaine & Alcohol Awareness Program, 

Inc. in Tennessee for renovation and construction of facilities; 

748. $500,000 to Hamilton County, Tennessee for facilities construction for a Center for Entrepreneurial Growth Incubator; 

749. $450,000 to Knox County, Tennessee for facilities preservation, construction, renovation and expansion at the Beck Cultural Exchange Center, the Blount Mansion, the Ramsey House 

and at Willow Creek Youth Park for the Knox Cultural and Tourism initiative; 

1086

750. $575,000 to the Bijou Theatre Center in Knoxville, Tennessee for facilities renovations; 

751. $100,000 to Fisk University in Nashville, Tennessee for 

facilities construction; 

752. $900,000 for the Five Points Commercial Development 

Project in Knoxville, Tennessee to develop abandoned, blighted, 

and underdeveloped commercial areas; 

753. $500,000 for Rolling Mill Hills in Nashville, Tennessee to 

revitalize distressed urban areas; 

754. $500,000 for the New Town Center at Soulsville in Memphis, Tennessee to support economic and community development; 

755. $500,000 for the Chattanooga Riverfront Development 

Project, Chattanooga, Tennessee to create new park space and 

other improvements along the riverfront; 

756. $100,000 for the Historic Rugby Economic Development 

Project in Rugby, Tennessee to develop new visitor facilities and 

encourage economic growth; 

757. $500,000 for the Tennessee State University Communications Enhancement Initiative in Nashville, Tennessee to complete 

a performing arts center and support community programs; 

758. $75,000 to the San Antonio Food Bank in San Antonio, 

Texas for land acquisition and facility buildout; 

759. $100,000 to Williamson County, Texas for construction of 

a community center; 

760. $100,000 to the City of Temple, Texas for land acquisition 

and building demolition along Martin Luther King Boulevard; 

761. $100,000 to the McAllen Boys and Girls Club in McAllen, 

Texas for construction; 

762. $220,000 for the City of Beaumont, Texas for the Downtown Improvement Program; 

763. $100,000 to the Marshall Downtown Development Corporation, Marshall, Texas for planning and renovation to permit 

reuse of a downtown building; 

764. $100,000 to the Abilene Preservation League, in Abilene, 

Texas for restoration of the Swenson House; 

765. $100,000 to the San Angelo Old Town Conservancy, Inc. 

in San Angelo, Texas for restoration of the Runkles and Rackley 

Building for reuse; 

766. $150,000 to the City of Houston, Texas for construction of 

the Townwood Community Center; 

767. $150,000 to the City of Dallas, Texas for Farmers Market 

renovation; 

768. $150,000 to the City of El Paso, Texas for restoration of 

the Plaza Theatre; 

769. $150,000 to the City of San Angelo, Texas for renovation 

of tourism facilities; 

770. $200,000 to the Permian Basin Petroleum Museum in 

Midland, Texas for facilities renovations and improvements; 

771. $200,000 to the City of Fort Worth, Texas for renovation 

of the Clark’s Department store building for reuse; 

772. $225,000 to the Brazos Valley Family Medicine Center in 

Bryan, Texas for facilities improvements and buildout for the Center for Excellence in Family Medicine and Rural Primary Care; 

1087

773. $225,000 to the City of La Feria, Texas for construction 

of a Boys and Girls Club; 

774. $400,000 to the City of Waco, Texas for construction of a 

community center; 

775. $350,000 to the Old Red Courthouse, Inc. in Dallas, Texas 

for facilities restoration and improvements; 

776. $950,000 to Rice University for construction of the Rice 

University-Texas Medical Center Joint Research Facility in Houston, Texas; 

777. $1,000,000 to the City of Fort Worth, Texas for construction of urban waterfront improvements for the Trinity River Vision 

Project; 

778. $900,000 for Christus Santa Rosa Children’s Hospital in 

San Antonio, Texas for facilities upgrades; 

779. $100,000 to the City of Greenville, Texas for renovations 

to downtown buildings; 

780. $240,000 to the City of Dallas, Texas for restoration of the 

Texas Theatre; 

781. $100,000 to the Martin Luther King, Jr. Community Center (King Center) in Houston, Texas for facilities renovations; 

782. $100,000 to Harris County, Texas for an economic development study for the Precinct 2 Harris County Unincorporated Revitalization Program; 

783. $100,000 to the City of Brownsville, Texas for construction 

and facilities buildout needs for a family and business development 

center; 

784. $200,000 to the Audie Murphy/American Cotton Museum 

in Hunt County, Texas for construction of the Hunt County Veterans Memorial and the Audie Murphy Hall of American Heroes; 

785. $500,000 to the University of the Incarnate Word in San 

Antonio, Texas for facilities renovation for the Math, Science and 

Engineering Center; 

786. $250,000 for the City of San Angelo, Texas for the Innovative Low Income Housing Financing Initiative; 

787. $450,000 for the Greater Kelly USA Development Authority, San Antonio, Texas for the Kelly USA Economic Development 

for Commerce for a manufacturing site served by rail; 

788. $200,000 for the City of Denton, Texas for the downtown 

redevelopment and infrastructure improvements; 

789. $300,000 for the City of Dallas, Texas for the Eagle Ford 

Low Income Housing Project for the development of affordable 

housing for low and moderate-income families; 

790. $200,000 for Camp Fire USA, Texas for costs associated 

with multiple construction projects; 

791. $200,000 for the Border Trade Alliance, Texas for the Economic Health of the Southwest Border project; 

792. $200,000 for the City of Austin, Texas for the SMART 

(Safe, Mixed-Income, Accessible, Reasonably-Priced and TransitOriented) Housing Program; 

793. $300,000 for the Chinese Community Center, Houston, 

Texas to develop a new center site; 

794. $200,000 for Holt Hotel in Wichita Falls, Texas for continued renovations to the Holt Hotel; 

1088

795. $200,000 for the Science Spectrum in Lubbock, Texas for 

the Science Spectrum Aerospace Exhibit to design and construct a 

5,000 square foot permanent, hands-on exhibition demonstrating 

the science and engineering principles of powered flying machines, 

including aerospace concepts; 

796. $400,000 for the City of Austin, Texas for renovations 

needed, associated with the 2006 World Congress on Information 

Technology, to the Austin Community Center; 

797. $300,000 for the St. Philip’s Development Board, Dallas, 

Texas for the St. Philip’s Neighborhood Development Plan; 

798. $100,000 to the Utah Shakespearean Festival for architectural and engineering design of a performance facility; 

799. $100,000 to Salt Lake City, Utah for streetscape improvements in the Ninth and Ninth neighborhood; 

800. $150,000 to West Valley City, Utah for facilities construction and renovation for the Cultural Celebration Center; 

801. $225,000 to the City of Tremonton, Utah for construction 

of a Historic Wagon Museum; 

802. $1,000,000 for the City of Provo, Utah for the Pioneer 

Neighborhood Revitalization project; 

803. $1,000,000 for the City of Ogden, Utah for the Ogden Central Neighborhood Redevelopment project; 

804. $500,000 for the City of Logan, Utah for Northwest Public 

Park project; 

805. $500,000 for Salt Lake City, Utah for the Pete Suazo 

Business Center to purchase building space; 

806. $500,000 for Syracuse City, Utah for the Syracuse City 

Senior Citizen and Community Center for construction; 

807. $500,000 for the Vermont Institute of Natural Science, 

Woodstock, Vermont for the construction of a wildlife rehabilitation 

facility; 

808. $400,000 for the Vermont Housing and Conservation 

Board, Montpelier, Vermont for the creation of affordable rental 

housing in downtown Brattleboro;

809. $100,000 for the City of Burlington, Vermont for the construction of the Lake Champlain Navy Memorial; 

810. $1,000,000 for the Vermont Center on Emerging Technologies, Burlington, Vermont for the development of a technology 

incubator; 

811. $200,000 for the Vermont Housing and Conservation 

Board, Montpelier, Vermont for construction of affordable housing 

in St. Albans, Vermont; 

812. $250,000 for the Northern Community Investment Corporation, St. Johnsbury, Vermont for development of the Newport 

Area Family Services project; 

813. $400,000 for the Vermont Housing and Conservation 

Board, Montpelier, Vermont for construction of affordable housing 

in Essex, Vermont; 

814. $150,000 for the Vermont Broadband Council to expand 

broadband services in rural Vermont; 

815. $90,000 to the Southern Vermont Recreation Center 

Foundation, in Springfield, Vermont for the construction of a community center; 

1089

816. $100,000 to the Department of Buildings and General 

Services of the State of Vermont for construction of veterans memorials in Springfield and Putney, Vermont; 

817. $75,000 for the Rockfish Community Center in Nelson 

County, Virginia for roof replacement; 

818. $75,000 for the Town of Boydton, Virginia for downtown 

revitalization; 

819. $100,000 to the Lorton Arts Foundation, Incorporated in 

Lorton, Virginia for facilities renovation and construction; 

820. $100,000 for the Sedalia Center in Bedford County, Virginia to assist with construction costs of this regional cultural center; 

821. $100,000 for the Colonial Theater in the Town of South 

Hill, Virginia to assist with renovation efforts; 

822. $100,000 to the John Singelton Mosby Museum Foundation in Warrenton, Virginia for facilities renovations; 

823. $100,000 to the Arlington Housing Corporation in Arlington County, Virginia for property acquisition, building demolition 

and facilities rehabilitation; 

824. $100,000 to the Reston Association in Reston, Virginia for 

construction of the Reston Southgate Community Center; 

825. $100,000 to Fairfax County, Virginia for construction of 

the Richmond Highway Town Center; 

826. $100,000 to Volunteers of America, Chesapeake, Inc. for 

renovation of the Bailey’s Crossroads Community Shelter in Virginia; 

827. $100,000 to Community Lodgings in Alexandria, Virginia 

for renovations to a family learning center; 

828. $100,000 to the Boys and Girls Club of Greater Hampton 

Roads, Virginia for facilities renovations and upgrades; 

829. $100,000 to the Children’s Museum of Virginia in Portsmouth, Virginia for facilities renovation and expansion; 

830. $125,000 to Craig County, Virginia for construction of a 

library; 

831. $125,000 to the Dabney S. Lancaster Community College 

in Virginia for construction of the Virginia Packaging Applications 

Center; 

832. $150,000 to the City of Suffolk, Virginia for construction 

of the Great Dismal Swamp Visitors Center; 

833. $150,000 for the North Theater in the City of Danville, 

Virginia to assist with renovation efforts; 

834. $200,000 to the Imani Intergenerational Community Development Center, Inc. for facilities construction and renovation of 

the 1400 block of Hull Street in Richmond, Virginia; 

835. $200,000 to the City of Fairfax, Virginia for the Old Town 

Fairfax Redevelopment Project for construction of parking facilities; 

836. $200,000 to Prince William County, Virginia for the 

Nokesville Redevelopment Project for facilities rehabilitation and 

renovation and streetscape improvements; 

837. $200,000 for the Blue Ridge Institute at Ferrum College 

in the Town of Ferrum, Virginia for the construction of the Agricultural Heritage Education Center to assist with economic development and tourism in the area; 

1090

838. $200,000 for Charlotte County, Virginia for infrastructure 

and building upgrades; 

839. $200,000 for the Martinsville-Henry County Historical Society in Virginia for improvements to the Old Henry County Court 

House and Museum; 

840. $200,000 for the Lewis and Clark Exploratory Center in 

Charlottesville, Virginia to assist in the construction of the Center; 

841. $250,000 for The Prizery in the Town of South Boston, 

Virginia to assist with renovation efforts and the creation of a community arts center; 

842. $250,000 to Edgehill Recovery Retreat Center in Winchester, Virginia for facilities construction; 

843. $275,000 to the Virginia Holocaust Museum in Richmond, 

Virginia for facilities renovations and buildout; 

844. $325,000 to the Windy Hill Foundation in Middleburg, 

Virginia for the construction of affordable housing; 

845. $350,000 to Fairfax County, Virginia for facilities construction for Magnet Housing; 

846. $400,000 for the Institute of Advanced Learning and Research (IALR) in Danville, Virginia for facility renovation and 

equipment improvements; 

847. $400,000 to the Christopher Newport University Foundation of Newport News, Virginia for facilities construction and renovation; 

848. $1,000,000 to the Art Museum of Western Virginia for 

planning and construction of a new museum in Roanoke, Virginia; 

849. $100,000 to the Tenants’ and Workers’ Support Committee for construction and renovation of a multi-purpose committee room in the Arlandria community of Alexandria, Virginia; 

850. $100,000 to Arlington County, Virginia for construction of 

a community center in the Buckingham community; 

851. $400,000 to The Conservation Fund in Arlington, Virginia 

for land acquisition; 

852. $500,000 for the Virginia Performing Arts Foundation for 

facilities construction in Richmond, Virginia; 

853. $1,200,000 for the City of Newport News, Virginia for the 

development of the Newport News Fine Arts Center; 

854. $500,000 for the Tredegar National Civil War Center 

Foundation for planning and construction of the Tredegar National 

Civil War Center in Virginia; 

855. $200,000 to the Skagit County Children’s Museum in 

Mount Vernon, Washington for facilities improvements and renovation; 

856. $100,000 to the Tacoma Art Museum in Tacoma, Washington for building construction; 

857. $100,000 to Jefferson County, Washington for restoration 

of the Jefferson County Courthouse Clock Tower; 

858. $100,000 to Olympic College in Washington for construction at the Shelton Branch; 

859. $515,000 to the Lutheran Compass Center in Seattle, 

Washington for rehabilitation and expansion of facilities; 

860. $100,000 to the City of Burien, Washington for land acquisition; 

1091

861. $125,000 to the Westport Senior Center in Westport, 

Washington for construction; 862. $125,000 to Peninsula College in Washington for construction of a science facility; 863. $150,000 to the City of Bremerton, Washington for 

streetscape and fac ̧ade renovation; 

864. $225,000 to the Children’s Home Society of Washington 

for facilities construction for the Spokane Valley Family Resource 

Center; 

865. $350,000 to Kent Youth and Family Services in Kent, 

Washington for facilities expansion and rehabilitation for the 

Springwood Community Center; 866. $450,000 to the City of Yakima, Washington for renovation of the Capitol Theatre; 867. $400,000 to Richard Allen Enterprises in Spokane, Washington for the Emmanuel Center Project for facilities expansion; 868. $500,000 for the Museum Development Authority, Seattle, 

Washington for costs associated with brownfields redevelopment; 869. $250,000 for the Kitsap County Consolidated Housing Authority, Bremerton, Washington for downtown revitalization; 870. $250,000 for the Washington Technology Center in Seattle 

for the Washington Nanotechnology Initiative; 871. $500,000 for the West Central Community Center, Spokane, Washington for costs associated with expansion; 872. $200,000 for Hope Home in Pasco, Washington for the 

purchase and renovation of a home for its program; 873. $250,000 for the Walter Clore Wine and Culinary Center 

in Prosser, Washington for costs associated with construction; 874. $250,000 for the Economic Alliance in Okanogan, Washington for the construction of a business incubator; 875. $150,000 to the Business and Industrial Development 

Corporation for the acquisition, renovation and reuse of the 

Clendenin Middle School in West Virginia; 876. $225,000 to the Jefferson County Development Authority, 

West Virginia for infrastructure improvements for the Burr Industrial Park near Charles Town, West Virginia; 

877. $200,000 to the Strand Theatre Preservation Society in 

Moundsville, West Virginia for theatre renovations; 

878. $400,000 to the Monongalia County Schools Foundation, 

Inc. in West Virginia for construction of recreation facilities; 

879. $750,000 to the Greenbrier Valley Economic Development 

Corporation in Lewisburg, West Virginia for facilities construction 

and buildout; 

880. $750,000 to the Vandalia Heritage Foundation, Inc. for 

land acquisition; 

881. $1,050,000 to the 4-County Economic Development Corporation in Oak Hill, West Virginia for facilities construction and 

buildout;

882. $1,170,000 to Glenville State College in Glenville, West 

Virginia for the construction of a new campus community education 

center; 

883. $3,200,000 to the West Virginia High Technology Consortium Foundation, Inc. for land acquisition to expand a high technology business park; 

1092

884. $500,000 for Appalachian Bible College, Beckley, West 

Virginia to complete its library resource center; 

885. $1,000,000 for the Huntington Area Development Council, 

Huntington, West Virginia for the construction of a business incubator; 

886. $2,000,000 for West Virginia University in Morgantown 

for the construction of a facility focused on forensic science and biometrics research; 

887. $1,500,000 for the City of Beckley, West Virginia for 

downtown revitalization; 

888. $100,000 to Centro Hispano in Madison, Wisconsin for expansion of facilities; 

889. $100,000 to the East Madison Community Center in Wisconsin for expansion of facilities; 

890. $175,000 to West End Development Corporation in Milwaukee, Wisconsin for building acquisition and renovation in the 

Near West Side neighborhood; 

891. $175,000 to the Redevelopment Authority of the City of 

Milwaukee, Wisconsin for building and fac ̧ade renovation along the 

Vliet Street corridor; 

892. $350,000 to the Military Veterans Museum, Inc. in Oshkosh, Wisconsin for facilities construction; 

893. $900,000 to the City of Superior, Wisconsin for facilities 

improvements, new construction and relocation of facilities at the 

Barker’s Island Redevelopment Project; 

894. $1,000,000 to the City of Wausau, Wisconsin for the construction of a business development center; 

895. $200,000 for the Menomonee Valley Partners of Milwaukee, Wisconsin for the redevelopment of a former rail yard; 

896. $100,000 for the West Central Wisconsin Regional Planning Commission of Eau Claire, Wisconsin for an economic development initiative; 

897. $100,000 for the City of Beloit, Wisconsin for the redevelopment of a former industrial site; 

898. $300,000 for Techstar of Milwaukee, Wisconsin for economic development initiatives; 

899. $500,000 for C–CAP, Inc., Waukesha, Wisconsin for costs 

associated with the Low Income Housing Redevelopment Project; 

900. $350,000 for the City of Kenosha, Wisconsin for the construction of affordable housing; 

901. $250,000 for the City of Madison, Wisconsin for the construction of low-income housing; 

902. $1,000,000 to the University of Wyoming for construction 

of the Wyoming Technology Business Center in Laramie, Wyoming. 

—$44,000,000 for the Neighborhood Initiatives program instead of $21,000,000 as proposed by the House and Senate. Modified language is included, similar to language proposed by the 

House and Senate, to target funds made available under this program. Targeted grants shall be provided as follows: 

1. $2,000,000 for the Denali Commission for economic development in rural Alaska; 

2. $500,000 for the City of Fresno, California for the Roeding 

Business Park Development project; 

1093

3. $750,000 for the City of Waterbury, Connecticut for the demolition of blighted buildings; 4. $250,000 for the County of Hawaii for neighborhood restoration in Hilo, Hawaii; 

5. $75,000 for the Heart of Illinois Big Brothers Big Sisters 

program in Peoria, Illinois for the construction of a facility; 6. $100,000 to the City of Peoria, Illinois, for the Southern 

Gateway revitalization project to redevelop this neighborhood into 

a commercial center; 

7. $650,000 for OSF Saint Francis Medical Center in Peoria, 

Illinois for the renovation of treatment rooms to expand the facility’s emergency department; 8. $725,000 for Eureka College in Eureka, Illinois for construction of a new Science and Technology Center; 9. $300,000 for the City of Rockford, Illinois for a neighborhood 

revitalization project in the North Mid Town Area; 10. $200,000 for the City of Indianapolis, Indiana for the Tenth 

Street Revitalization Project; 11. $500,000 for the Iowa Department of Economic Development for the Main Street Iowa initiative; 

12. $500,000 for the City of Waterloo, Iowa for the redevelopment of the Rath area brownfields; 

13. $200,000 to the Community Economic Empowerment Corporation for construction of a recreation center in Louisville, Kentucky; 14. $325,000 for the Rhema Development Corporation for renovation of housing facilities in Louisville, Kentucky; 15. $400,000 for the Shiloh Community Renewal Center in 

Louisville, Kentucky for renovation and conversion of a building 

into an apartment facility for the elderly; 16. $400,000 for the St. Stephen Family Life Center in Louisville, Kentucky for facilities renovation of Stewart Hall; 17. $325,000 for the Shelby Park Neighborhood Association for 

the design and construction of a community center in Louisville, 

Kentucky; 

18. $400,000 for the New Zion Community Development Foundation for facilities renovations and improvements in Kentucky; 

19. $150,000 for the Trinity Family Life Center in Louisville, 

Kentucky for continued facilities construction; 

20. $1,000,000 for East Baltimore Development Inc., in Baltimore, Maryland for redevelopment activities in East Baltimore 

which include coordination with the Oliver community redevelopment plan; 

21. $150,000 for Charles County, Maryland for the La Plata 

Community Center. 

22. $1,000,000 for MassDevelopment, Boston, Massachusetts 

for the Lawrence Gateway/Quadrant Area Redevelopment Plan; 

23. $500,000 for the City of Roseau, Minnesota for economic redevelopment; 

24. $500,000 for Neighborhood House in St. Paul, Minnesota 

for construction of the Paul and Sheila Wellstone Center for Community Building; 

25. $5,000,000 for the Grace Hill Neighborhood Health Centers, Inc. shall be spent on primary prevention activities with no 

1094

less than $4,000,000 spent on remediation and abatement activities 

of housing in St. Louis, Missouri; 26. $250,000 for the Garfield Family Intervention Center in 

Birney, Montana for renovations; 27. $250,000 for the Northern Cheyenne Boys and Girls Club, 

Lame Deer, Montana for construction costs; 

28. $500,000 to NYSERNET to develop a blueprint for building 

or acquiring dark fiber deployment throughout Upstate New York; 29. $400,000 to the Cortland County Industrial Development 

Authority in New York for the expansion of the Marietta bulk manufacturing facility; 30. $100,000 to Cayuga County, New York for expansion of the 

Cayuga Home in Auburn, New York; 31. $5,000,000 to the City of Syracuse, New York for the 

Neighborhood Initiative Program; 32. $250,000 for Rural Opportunities, Rochester, New York for 

the Upstate New York Community and Business Development New 

Market Initiative; 

33. $500,000 to the Alliance for the Arts in New York City for 

the development of the New York State Cultural Database; 34. $1,000,000 to The Ohio State University in Columbus, Ohio 

for The Ohio State University Neighborhoods Revitalization Initiative; 

35. $500,000 for the Jackson Day Care Center in Jackson, Ohio 

for construction and facilities improvements; 36. $4,000,000 for the Oklahoma Department of Environmental 

Quality for neighborhood restoration in Ottawa County; 37. $1,000,000 for the City of Rock City, South Carolina for the 

revitalization and the development of the Arcade-Westside Area of 

Rock Hill; 

38. $500,000 for the City of Denton, Texas for downtown redevelopment; 39. $50,000 for the Halifax County Community Action Agency 

for the development of a Housing Initiative in Charlotte County, 

Virginia; 

40. $300,000 for Lutheran Community Services Northwest, 

SeaTac, Washington for the construction of a community services 

building; 

41. $3,500,000 for the Institute for Scientific Research for construction related to a high-technology diversification initiative; 

42. $4,250,000 for the Vandalia Heritage Foundation, Inc. for 

community and neighborhood revitalization and economic diversification initiatives. 

43. $2,500,000 to the West Virginia High Technology Consortium Foundation, Inc. for mission purposes and economic development initiatives 

44. $150,000 to Oneida County, Wisconsin for the restoration 

of an historic building; 

45. $150,000 to Langlade County, Wisconsin for the restoration 

of an historic building; 

46. $450,000 for the City of Manitowoc, Wisconsin for economic 

development activities; 

47. $1,500,000 for the Girl Scouts of the USA for youth development initiatives in public housing.

1095

Includes modified language making technical corrections to 

certain targeted economic development initiative grants funded 

under this heading in prior appropriations Acts, similar to language proposed by the House and the Senate. Includes language transferring no less than $4,900,000 to the 

Working Capital Fund for development of and modifications to information technology systems as proposed by the House and the 

Senate. 

Includes language limiting the use of funds provided under 

this heading for planning, management and administration to not 

more than 20 percent of the funds provided except for amounts provided for certain activities as proposed by the House. The Senate 

proposed similar language. 

Language is not included proposed by the Senate designating 

funds for the Native Hawaiian block grant program, but instead 

funding and language is included for this program under the section 107 program as proposed by the House. 

URBAN DEVELOPMENT ACTION GRANTS

Cancels $30,000,000 from unspent balances as proposed by 

both the House and Senate. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $7,325,000 for costs associated with section 108 

loan guarantees to subsidize a total loan principal of up to 

$275,000,000 as proposed by the Senate. The House did not include 

funding. 

BROWNFIELDS REDEVELOPMENT

Appropriates $25,000,000 for brownfields redevelopment as 

proposed by both the House and the Senate. 

The conference agreement provides funds for this program pursuant to the current statutory authorities under section 108(q). 

Language is included requiring funds to be awarded competitively as proposed by the House. The Senate included similar language. The Department is reminded that these funds are to be distributed on a competitive basis in accordance with the requirements set forth in section 205 under administrative provisions in 

this title. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

(INCLUDING TRANSFER OF FUNDS)

Appropriates a total of $2,017,500,000 for this account, instead 

of $2,064,100,000 as proposed by the House and $1,975,000,000 as 

proposed by the Senate. 

The conference agreement includes $1,930,000,000 for the 

HOME Investment Partnerships program, instead of 

$1,939,100,000 as proposed by the House and $1,925,000,000 as 

proposed by the Senate. Of this amount, $40,000,000 is for housing 

counseling as proposed by the House and Senate; $18,000,000 is for 

technical assistance as proposed by the House and Senate includVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01099 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1096

ing $7,000,000 for qualified non-profit intermediaries to provide 

technical assistance to Community Housing and Development Organizations (CHDOs) instead of $8,000,000 to CHDO technical assistance as proposed by the House and $6,000,000 as proposed by 

the Senate; and $2,100,000 is for information technology systems 

as proposed by the House instead of $1,100,000 as proposed by the 

Senate. 

In addition, the conference agreement includes $87,500,000 to 

provide down-payment assistance to low-income families to help 

them achieve homeownership, instead of $125,000,000 as proposed 

by the House and $50,000,000 as proposed by the Senate. Modified 

language is included similar to language proposed by the House requiring these funds to be distributed by a formula established by 

the Secretary that takes into account, among other things, a jurisdiction’s need for and prior commitment to assistance to homebuyers. New language is included to require funds to be distributed 

for down-payment in accordance with the terms and conditions set 

forth in new authorization legislation should such legislation be enacted prior to April 15, 2004. The Senate did not support linking 

the use of HOME funds to the allocation of funds under this program and included language requiring funds to be distributed by 

a formula developed through rulemaking. 

HOMELESS ASSISTANCE GRANTS

(INCLUDING TRANSFER OF FUNDS)

Appropriates $1,267,000,000 for homeless assistance grants, instead of $1,242,000,000 as proposed by the House and 

$1,325,000,000 as proposed by the Senate. Includes language requiring the renewal of all expiring Shelter Plus Care grants as proposed by the House instead of bill language specifying a dollar 

amount for this purpose as proposed by the Senate. However, the 

conferees understand that the current estimate for Shelter Plus 

Care renewals totals $194,000,000. The conferees expect the Department to provide the full amount necessary to fund these renewals from within the amounts provided. 

Language is included designating $12,000,000 for the national 

homeless data analysis project and for technical assistance as proposed by the House and Senate. 

Language is included designating $2,580,000 for information 

technology systems as proposed by the House and Senate. 

The conferees reiterate the direction and reporting requirement included in the Senate report regarding the collection and 

analysis of data to assess the effectiveness of the homeless system. 

In lieu of the direction included in the Senate report, the conferees encourage the Department to review the plans being developed by the U.S. Interagency Council on Homelessness to end 

chronic homelessness and provide a report to the Committees on 

Appropriations no later than May 15, 2004, on recommendations to 

develop incentives or requirements under McKinney-Vento programs to achieve this goal. 

The conferees reiterate the direction included in the Senate report on the annual submission of 5–year projections for renewal 

costs. 

1097

HOUSING PROGRAMS

HOUSING FOR THE ELDERLY

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides funding for the housing for 

the elderly (section 202) program and the housing for the disabled 

(section 811) program in two new accounts as proposed by the 

House rather than continuing funding for both programs under one 

account as proposed by the Senate. 

The conference agreement recommends a total program level of 

$794,320,000 for the section 202 program. Of this amount, 

$778,320,000 is provided as a direct appropriation instead of 

$773,320,000 as proposed by the House and $783,286,000 as proposed by the Senate. In addition, $16,000,000 is derived from unobligated balances from funds provided for project-based rental assistance contracts (PRAC) renewals in fiscal year 2003 that were 

not needed to meet this requirement and recaptures of excess prior 

year funds, as proposed by the House. The Senate did not address 

this matter. 

The conference allocates funds as follows: 

—$691,850,000 for new capital and PRAC contracts, instead of 

$695,850,000 as proposed by the House and $636,816,000 as proposed by the Senate; —$2,000,000 for one-year renewals of expiring PRAC payments 

as proposed by the House instead of $26,000,000 as proposed by 

the Senate. The conferees note that this amount represents the revised estimate of funding necessary for PRAC renewals in fiscal 

year 2004, however should additional funds be required the Department may reallocate funds from new capital grants as necessary subject to standard reprogramming requirements; 

—$50,000,000 for service coordinators and the continuation of 

congregate services grants as proposed by the House and Senate; 

—$30,000,000 for assisted living conversion grants and emergency capital repairs. The House proposed $25,000,000 for assisted 

living conversion grants and the Senate proposed $30,000,000 for 

assisted living conversion grants and substantial capital repair 

grants. Modified language is included designating these funds for 

assisted living conversion grants and for emergency capital repairs 

as determined by the Secretary. 

The conferees are aware of concerns regarding the long-term 

conditions and needs of the sections 202 and 236 assisted housing 

stock. The conferees direct the Department to conduct a capital assessment of the stock and provide a report to the Committees on 

Appropriations not later than August 15, 2004, on alternatives to 

address such long-term needs. As part of this report, the conferees 

request that the Department examine whether the mechanisms 

used under the Mark-to-Market program for certain federally-insured properties can be applied to the section 202 and section 236 

portfolios as a means of addressing such needs in a cost-effective 

manner; 

—$20,000,000 for competitive grants for planning, design and 

development activities for section 202 projects. These funds are to 

be allocated for project planning, preliminary design, site control 

1098

activities and other development costs, including gap financing if 

appropriate, directly related to section 202 projects in order to facilitate timely completion of such projects. The conferees do not intend for these funds to be used for technical assistance but instead 

expect such funds to be used for start-up costs associated with such 

projects. Language is not included to create a revolving loan fund 

as proposed by the Senate. The conferees believe such needs can 

be addressed through this competitive grant program; and 

—no less than $470,000 for transfer to the Working Capital 

Fund for information technology activities. 

Language is included making funds available for obligation for 

three years as proposed by the House instead of four years as proposed by the Senate. 

Language is included transferring and merging all unexpended 

balances previously appropriated for the section 202 program to 

this new account as proposed by the House. The Senate did not address this matter. 

HOUSING FOR PERSONS WITH DISABILITIES

(INCLUDING TRANSFER OF FUNDS)

The conference agreement recommends a total program level of 

$256,470,000 for the section 811 program. Of this amount, 

$250,570,000 is provided as a direct appropriation as proposed by 

the House and the Senate and an additional $5,900,000 is derived 

from unobligated balances from funds provided for project-based 

rental assistance contracts (PRAC) renewals in fiscal year 2003 

that are not needed to meet this requirement and recaptures of excess prior year funds, as proposed by the House. The Senate did 

not address this matter. 

The conference allocates funds as follows: 

—$213,300,000 for new capital and PRAC contracts and new 

vouchers as proposed by the House. The Senate included 

$200,045,000 for this purpose under the Housing for Special Populations account; 

—$42,700,000 for one-year renewal costs of section 811 rental 

assistance and expiring PRAC contracts as proposed by the House 

instead of $50,000,000 as proposed by the Senate. The conferees 

note that this amount represents the revised estimate of funding 

necessary for PRAC renewals in fiscal year 2004, however should 

additional funds be required the Department may reallocate funds 

from new capital grants as necessary subject to standard reprogramming requirements; and 

—no less than $470,000 for transfer to the Working Capital 

Fund for information technology activities. 

Language is included allowing the Secretary to designate up to 

25 percent of funds, excluding amounts for voucher renewals, to be 

used for new voucher assistance for the disabled as proposed by the 

House and the Senate. 

Language is included making funds available for obligation for 

three years as proposed by the House instead of four years as proposed by the Senate. 

Language is included transferring and merging all unexpended 

balances previously appropriated for the section 811 program to 

1099

this new account as proposed by the House. The Senate did not address this matter. 

FLEXIBLE SUBSIDY FUND

(TRANSFER OF FUNDS)

Includes language regarding the transfer of excess rental 

charges to this fund as proposed by the House. Language proposed 

by the Senate is not included allowing certain excess rental charges 

to be refunded to owners rather than transferred to the Fund. 

RENTAL HOUSING ASSISTANCE

(RESCISSION)

Includes a rescission of up to $303,000,000 from recaptured excess section 236 funds resulting from the pre-payment of such 

mortgages as proposed by the House and the Senate. 

MANUFACTURED HOUSING FEES TRUST FUND

Appropriates up to $13,000,000 for authorized activities from 

fees collected in the Fund as proposed by the House. The Senate 

included similar language. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Establishes an $185,000,000,000 limitation on commitments to 

guarantee single-family loans during fiscal year 2004 as proposed 

by the House and the Senate. The conferees do not concur with language proposed by the Senate regarding the appropriateness of the 

decision to change the point of obligation for this program. In lieu 

of such language addressing this matter, the conferees direct the 

Department to submit quarterly reports on the status of commitments as compared to the commitment limitation in addition to notification reports required by section 3(b) of Public Law 99–289. 

Establishes a $50,000,000 limitation on direct loans to nonprofits and governmental entities in connection with the sale of 

HUD-owned single-family properties as proposed by the House and 

the Senate. 

Appropriates $359,000,000 for administrative expenses as proposed by both the House and Senate. Of this amount, $355,000,000 

is to be transferred to the salaries and expenses account and not 

to exceed $4,000,000 is to be transferred to the Office of Inspector 

General as proposed by both the House and Senate. 

Appropriates $85,000,000 for administrative contract expenses 

and includes language allowing up to an additional $30,000,000 to 

be made available for such expenses in certain circumstances as 

proposed by both the House and Senate. 

Transfers no less than $20,744,000 from administrative contract expenses under this account to the Working Capital Fund for 

the development of and modifications to information technology 

systems as proposed by both the House and Senate. 

1100

In lieu of the language included in the Senate report regarding 

the Asset Control Area program and revitalization areas, the conferees instead agree to require a report from the Department on revitalization area designations. The conferees direct HUD to submit 

a report no later than February 15, 2004, to the Committees on Appropriations that describes the criteria and methodology the Department uses to determine revitalization areas; lists the communities that have lost their revitalization area designation since 

June, 2002; and provides justification for the changes. The conferees understand that the Department is currently conducting a 

review of all revitalization areas, and expect that this review will 

be discussed in the report. The conferees expect that the Department will continue to recognize communities with high concentrations of HUD-foreclosed properties as revitalization areas. The conferees do not concur with the language in the Senate report regarding the withholding of salary payments to departmental employees 

responsible for administering this program. 

The conferees reiterate the guidance and direction included in 

the Senate report regarding language included under administrative provisions to publish a regulation to allow HUD to preclude 

certain buyers from purchasing foreclosed properties during the 

disposition process. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

Establishes a $25,000,000,000 limitation on multifamily and 

specialized loan guarantees during fiscal year 2004 as proposed by 

the House and the Senate. 

Appropriates $15,000,000 for subsidy costs to support certain 

multifamily and special purpose loan guarantee programs as proposed by the House and the Senate. 

In lieu of the language in the Senate report regarding the section 242 hospital insurance program, the conferees note that legislation was recently enacted that facilitates the availability of section 242 hospital insurance in states without a certificate of need

program. This new authority should help geographically diversify 

the section 242 program which will help ensure the financial 

soundness of the program. The conferees direct HUD to report to 

the Committees on Appropriations no later than August 15, 2004, 

on its efforts to geographically diversify the hospital insurance 

portfolio; assess overall financial risks from the section 242 program to the insurance fund; assess the importance of the section 

242 program in meeting healthcare facility needs as compared to 

other public and private funding options; and any recommendations to improve the section 242 program, including options to reduce the financial risk of the program. The Department is directed 

to consult with the Department of Health and Human Services in 

developing this report. 

1101

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriates $10,695,000 for administrative expenses to be 

transferred to the salaries and expenses account as proposed by 

both the House and the Senate. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

Appropriates $47,000,000 for research and technology as proposed by both the House and Senate. 

Includes $7,500,000 for the Partnership for Advancing Technology in Housing (PATH) initiative, instead of $7,000,000 as proposed by the House and the Senate. The conferees expect the Department to increase support for manufactured housing from within the amounts provided for the PATH program to support continuing research on promising technologies for the manufactured 

housing industry. 

The conferees reiterate the direction included in the Senate report denying demonstration authority without prior congressional 

approval. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

Appropriates $48,000,000 for this account instead of 

$46,000,000 as proposed by the House and $50,000,000 as proposed 

by the Senate. 

Of this amount, $27,750,000 is for the Fair Housing Assistance 

Program (FHAP) and $20,250,000 is for the Fair Housing Initiatives Program (FHIP). The House proposed $25,750,000 for FHAP 

and $20,250,000 for FHIP and the Senate proposed $30,000,000 for 

FHAP and $20,000,000 for FHIP. 

OFFICE OF LEAD HAZARD CONTROL

LEAD HAZARD REDUCTION

Appropriates $175,000,000 for lead hazard reduction instead of $130,000,000 as proposed by the House and $175,000,000 as proposed by the Senate. 

The conferees agree to allocate funds as follows: 

—$96,000,000 for the lead-based paint hazard control grant 

program to provide assistance to State and local governments and 

Native American tribes for lead-based paint abatement in private 

low-income housing; 

—$9,000,000 for Operation LEAP; 

—$10,000,000 for technical assistance and support to State 

and local agencies and private property owners; 

—$10,000,000 for the Healthy Homes Initiative for competitive 

grants for research, standards development, and education and outVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01105 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1102

reach activities to address lead-based paint poisoning and other 

housing-related diseases and hazards; and —$50,000,000 for an initiative to target lead abatement funds 

to areas with the highest lead paint abatement needs. Includes modified language making available $50,000,000 on a 

competitive basis to those areas with the highest lead paint abatement needs as determined by the highest number of pre-1940 units 

of occupied rental housing, a disproportionately high number of 

documented cases of lead-poisoned children, and an applicant’s 

demonstrated capacity to implement successfully the proposed uses 

of the funds. Language is also included requiring that not less than 

90 percent of the funds made available under this initiative to be 

used exclusively for abatement or interim control of lead-based 

paint hazards, risk assessments, inspections or temporary relocation. Language is also included requiring recipients of funds awarded under this initiative to provide a matching contribution of not 

less than 25 percent of the total grant award. The conferees believe 

that communities with the highest lead paint risk to children must 

employ an aggressive approach to lead-based paint abatement, and 

suggest that grants made under this new initiative be not less than 

$2,000,000. The conferees intend that eligible recipients of these 

funds will be units of local government. In selecting recipients for 

funding under this initiative, the Department shall consider the capacity of the applicant to use the funds provided, including the success of the applicant in using previously provided Federal dollars 

for lead-based paint hazard reduction, as well as the applicant’s 

strategies to mobilize public and private resources to address this 

problem. Grant recipients under this initiative are expected to use 

funds for abatement and hazard reduction in privately owned rental-housing units that serve low-income families with children under 

the age of six. Units treated with funds provided under this initiative must remain available for low-income residents for at least 

three years following treatment of the lead-based paint hazard. The 

conferees do not intend for any action taken in this Act to prejudice 

any ongoing or future litigation brought against lead pigment manufacturers. Additionally, no action taken in this Act is intended to 

mitigate the responsibility of housing owners to address the existence of lead-based paint hazards in a timely and expeditious manner. 

The conferees are aware that the Department currently reserves approximately 80 percent of the current lead-based paint 

hazard control grant program funding for allocation to current 

grantees or previous grantees, with the remaining 20 percent provided for new grantees. The conferees request that the Department 

evaluate this policy to ensure that such allocation is appropriate to 

ensure that resources are made available to communities with the 

need as well as the capacity to use such grants. Further, the conferees urge the Department to consider the total amount of Federal 

and non-Federal resources available to address lead-based paint 

hazards when allocating funds provided for the current lead-based 

paint hazard control grant program. 

The conferees encourage the Department to consider a proposal 

from the Community Environmental Research Center as well as 

proposals on black mold and dissemination of information to the 

1103

public and provide funds if appropriate. However, the Department 

is reminded that all funds provided under this heading and in this 

Act are to be distributed on a competitive basis in accordance with 

the requirements set forth in section 205 under administrative provisions in this title. 

MANAGEMENT AND ADMINISTRATION

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

Appropriates $1,123,130,000 for salaries and expenses instead 

of $1,122,130,000 as proposed by the House and $1,111,530,000 as 

proposed by the Senate. Of this amount, $547,000,000 is provided 

as a direct appropriation under this account as proposed by the 

House instead of $535,400,000 as proposed by the Senate. 

The conference agreement includes language as proposed by 

the House directing the Department to allocate funds provided 

under this heading in the manner specified in the joint explanatory 

statement of the managers accompanying this Act unless the Committees on Appropriations are notified and approve of any changes 

in the operating plan or through a reprogramming. The Department may reallocate funds and FTEs between the amounts specified below for these offices only in accordance with operating plan 

and/or reprogramming procedures. Amounts provided are consistent with modifications made by the Department to the original 

budget submission to reflect the revised staffing distribution consistent with the corrective action plan submitted to the Committees 

on Appropriations in response to the significant over-hiring that occurred during fiscal year 2003. In addition, the conference agreement includes an increase of $10,000,000 and 75 FTEs for the Office of Public and Indian Housing to establish a Division of Quality 

Assurance for activities associated with the section 8 voucher program.

The following office and object classifications are to be used as 

the basis of any changes in funding and staffing distributions:

Office FTE Amount 

Office of Housing ............................................................................................................................... 3,483 $323,061,000 

Office of Public and Indian Housing ................................................................................................ 1,745 183,209,000 

Office of Community Planning and Development ............................................................................. 834 81,696,000 

Office of Policy Development and Research ..................................................................................... 161 21,424,000 

Office of Fair Housing and Equal Opportunity ................................................................................. 669 61,564,000 

Office of Healthy Homes and Lead Hazard Control .......................................................................... 38 3,946,000 

Government National Mortgage Association ..................................................................................... 70 7,923,000 

Departmental Management ............................................................................................................... 189 21,084,000 

Center for Faith-Based and Community Initiatives .......................................................................... 8 2,639,000 

Office of the Chief Financial Officer ................................................................................................. 248 38,857,000 

Office of the General Counsel ........................................................................................................... 698 76,007,000 

Office of Field Policy and Management ............................................................................................ 530 53,430,000 

Office of Administration .................................................................................................................... 732 248,290,000

Total, Management and Administration .............................................................................. 9,405 1,123,130,000

Consistent with modifications to the original budget submission, the object classification distribution, which shall also serve as 

1104

the basis for operating plan and reprogramming changes, is as follows: 

Personal Services—$889,234,000 

Travel and Transportation of Persons—$20,600,000 

Transportation of Things—$550,000 

Rent, Communications and Utilities—$135,555,000 

Printing and Reproduction—$3,900,000 

Other Services—$64,901,000 

Supplies and Materials—$4,990,000 

Furniture and Equipment—$3,200,000 

Indemnities—$200,000 

Public and Indian Housing Division of Quality Assurance.—Includes $10,000,000 and 75 FTEs to establish a Division of Quality 

Assurance within the Office of Public and Indian Housing. The conference agreement establishes this new division to ensure accurate 

and timely data regarding the expenditure and projected future 

funding requirements for the section 8 voucher program. The conferees recommend $7,500,000 in Personal Services and $2,500,000 

in Other Services object classifications for this purpose. 

Operating Plans/Reprogramming Requirements.—The conferees appreciate the need for management flexibility to allocate 

management and administrative resources or reorganize offices and 

programs to address changing requirements at the departments 

and agencies funded in the bill, including HUD. To provide such 

flexibility, while ensuring appropriate consultation and oversight, 

all Departments within the Subcommittee’s jurisdiction are required to submit operating plans and reprogramming letters and 

reorganization proposals for Committee approval. The conferees direct HUD to follow the Committees’ requirements regarding operating plans, reprogrammings and reorganizations so that the Committees are kept informed of, and therefore are better able to respond to, changing requirements at the Department. HUD is reminded that operating plans or reprogramming requirements apply 

to any reallocation of resources totaling more than $500,000 among 

any program, project or activity as well as to any significant reorganization within offices or the proposed creation or elimination of 

any program or office, regardless of the dollar amount involved; 

and any reorganization, regardless of the dollar amount involved. 

Object classification changes above $500,000 also are subject to operating plan or reprogramming requirements. Unless otherwise 

specified in this Act or the accompanying report, the approved level 

for any program, project, or activity is that amount detailed for 

that program, project, or activity in the Department’s annual detailed budget justification document. These requirements apply to 

all funds provided to the Department. The Department is expected 

to make any necessary changes during fiscal year 2004 to its current procedures and systems to ensure that it is able to meet the 

necessary operating plan and reprogramming requirements applied 

to other agencies funded in the bill. 

Language proposed by the House to require submission of a 

staffing plan is not included. The Senate did not propose similar 

language. Instead, the conference agreement reiterates the direction in the Senate report regarding submission of quarterly reports 

on hiring. 

1105

Language is included as proposed by the House related to 

funds control improvements to prohibit any official or employee 

from being designated as a funds allotment holder unless the Office 

of the Chief Financial Officer (OCFO) has determined such person 

has implemented adequate funds control systems and received appropriate training; requires the OCFO to establish control of and 

maintain adequate systems of accounting and other available 

funds; and clarifies the point of obligation for purposes of determining a violation of the Anti-Deficiency Act. Language is also included as proposed by the House making a technical correction to 

the fiscal year 2003 Act regarding the point of obligation. The conferees reiterate the direction in the House report regarding the recognition of well-established appropriations law related to the point 

of obligation of funds and joint execution for obligation of funds 

when possible. The Senate did not propose similar language. 

The conferees have not included the Senate bill language and 

the House and Senate report language regarding overall authority 

for appropriations law. The conferees are in disagreement on this 

matter. 

Language proposed by the Senate is not included to prohibit 

the Department from paying the salaries (other than pensions and 

related costs) of any employees who had significant responsibility 

for allocating funding for the over-leasing of vouchers by public 

housing agencies. The House did not include similar language. 

Language is included in the bill placing a limitation on the 

number of GS–14 and GS–15 employees at the Department as proposed by the House and the Senate. 

The conferees reiterate the direction included in the Senate report regarding the limitation on non-career employees. 

Budget Submission.—The conferees strongly disagree with the 

effort to substitute ‘‘performance-based budgeting’’ for the traditional budget structure or otherwise incorporate it into the budget 

justification for the Department. The Department is reminded that 

the detailed budget justification books are produced for the Committees on Appropriations in order to provide the necessary detail 

on the budget request and therefore are to be submitted in a manner that the Committees on Appropriations find most useful to assess funding requests and program requirements. The supplementary ‘‘performance-based budget’’ document for the Department 

for fiscal year 2004 attempted to divide the entire Department’s 

budget across six broad strategic goals such as ‘‘Strengthening 

Communities’’, ‘‘Embrace High Standards of Ethics, Management 

and Accountability’’, and ‘‘Promote Decent and Affordable Housing’’. This strategic planning document contained minimal information useful to the Committees to assess the Department’s fiscal 

year 2004 budget request or funding requirements. Therefore, language is included under Administrative Provisions requiring the 

fiscal year 2005 annual budget justification materials to be submitted in the traditional structure with sufficient detailed information to satisfy the Committees’ needs. 

WORKING CAPITAL FUND

Appropriates $235,000,000 for the Working Capital Fund instead of $240,000,000 as proposed by the Senate and $90,000,000 

1106

as proposed by the House. In addition, the conference agreement 

includes $65,156,000 in transfers from the following accounts to 

support program-specific information technology systems as proposed by the House instead of $64,156,000 as proposed by the Senate: 

FHA, Mutual mortgage insurance fund—$20,744,000 

FHA, General and special risk insurance fund—

$16,946,000 

Community development fund—$4,900,000 

HOME investment partnerships program—$2,100,000 

Homeless assistance—$2,580,000 

Public housing capital fund—$10,610,000 

Native American Indian block grants—$2,720,000 

Housing certificate fund—$3,010,000 

Housing for the elderly—$470,000 

Housing for persons with disabilities—$470,000 

Interagency Services—$306,000 

Office of Inspector General—$300,000 

The conferees reiterate the direction included in the House report on continued development and definition of a five-year information technology plan consistent with the format previously provided to the Department and direct such updated plan be submitted no later than February 1, 2004. 

OFFICE OF INSPECTOR GENERAL

(INCLUDING TRANSFER OF FUNDS)

Appropriates $101,000,000 for the Office of Inspector General 

instead of $100,080,000 as proposed by the House and 

$102,000,000 as proposed by the Senate. Of this amount, 

$24,000,000 is provided by transfer from the various funds of the 

Federal Housing Administration as proposed by the House and the 

Senate. 

CONSOLIDATED FEE FUND

(RESCISSION)

Includes language rescinding remaining balances in the Fund 

as proposed by the House and the Senate. 

OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $39,915,000 for the Office of Federal Housing Enterprise Oversight (OFHEO) to be derived from collections available in the Federal Housing Enterprise Oversight Fund instead of 

$32,415,000 as proposed by the House. 

The conference agreement provides an additional $7,500,000 as 

requested in a budget amendment submitted to the Congress for 

one-time costs to conduct special investigations of the enterprises 

and for strengthening the examination and legal functions. Language is included specifying funds for these requested purposes. 

1107

Language is included requiring not less than 60 percent of the 

total amount made available under this heading shall be used only 

for examination, supervision and capital oversight to ensure that 

the enterprises are operating in a financially sound manner and 

comply with statutory capital requirements. 

Language is also included requiring the Secretary to submit a 

spending plan no later than January 15, 2004. The Secretary is directed to submit a separate plan for the funds provided for special 

investigations if such funds are required prior to the submission of 

the spending plan. 

ADMINISTRATIVE PROVISIONS

Includes modified language similar to language proposed by 

the House and the Senate regarding the distribution of certain 

HOPWA funds. 

Includes language requiring all funds to be awarded competitively except as explicitly provided for in statute as proposed by the 

House. The Senate proposed similar language. 

Includes modified language similar to language proposed by 

the House and the Senate requiring the Department to submit a 

spending plan for the use of technical assistance, training, and 

management improvement funds provided for in this Act to the 

Committees on Appropriations by January 15, 2004. 

Includes language as proposed by the House requiring the Secretary to provide quarterly reports to the Committees on Appropriations regarding all uncommitted, unobligated, recaptured and 

excess funds. The Senate proposed similar language. 

Does not include language proposed by the Senate to reauthorize the HOPE VI program beyond fiscal year 2004 since it is the 

conferees’ understanding that authorization legislation is currently 

being considered by the relevant House and Senate committees of 

jurisdiction. The House did not include similar language. The conferees support continuing funding of this program absent an alternative approach to the revitalization of distressed public housing or 

other compelling policy reasons. 

Includes language proposed by the Senate requiring the Secretary to maintain section 8 assistance on certain properties occupied by elderly or disabled families. The House did not include 

similar language. 

Includes language proposed by the Senate requiring the Secretary to submit an annual report to the Committees on Appropriations regarding the number of Federally-assisted units under lease 

and the per unit costs to the Federal government of such units. The 

House did not include similar language. 

Does not include language to amend section 683(2) of the 

Housing and Community Development Act of 1972 to authorize 

service coordinators in section 811 projects as proposed by the Senate. The House did not include similar language. 

Includes language proposed by the Senate regarding interest 

paid on certain mortgage insurance claims. The House did not include similar language. 

Includes modified language to change the name of the Interagency Council on the Homeless similar to language proposed by 

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1108

thorize non-reimbursable detailees. The House did not include 

similar language. 

Does not include language proposed by the Senate to authorize 

FHA single-family mortgage insurance to be provided to sub-prime 

borrowers at reduced premiums and appraisal limitations. The 

House did not include similar language. The conferees support efforts to assist low-income persons in repairing negative credit histories where appropriate. However, the Department needs to stem 

the escalating default rate in FHA’s single-family mortgage insurance programs before it assumes new risks posed by persons with 

credit problems. 

Language is included as proposed by the Senate to allow HUD 

to participate in the Directory of New Hires program. The House 

did not include similar language.

Does not include language to amend section 9 of the United 

States Housing Act of 1937 to authorize a new loan-financing program for public housing authorities as proposed by the Senate. The 

House did not include similar language. 

Does not include language to amend the McKinney-Vento Act 

to raise the salary cap for the Executive Director of the U.S. Interagency Council on Homelessness from the current Executive Level 

V to Executive Level III. The House did not include a similar provision. 

Includes language proposed by the Senate to authorize the Department to allocate CDBG non-entitlement funds to localities in 

the State of Hawaii should the State fail to elect to administer such 

funds by July 31, 2004. The House did not include a similar provision. 

Includes language proposed by the Senate to amend the purposes of a grant related to Hollander Ridge in Baltimore, Maryland. The House did not include a similar provision. 

Includes language proposed by the Senate requiring the Secretary to conduct negotiated rulemaking for purposes of changes to 

the formula governing the public housing operating fund and requires a final rule to be issued no later than July 1, 2004. The 

House did not include similar language. 

Includes new language allowing the Secretary to maintain and 

dispose of certain elderly and disabled projects upon foreclosure. 

Neither the House nor Senate included similar language. 

Includes new language requiring the Department to submit its 

fiscal year 2005 budget justification to the Committees on Appropriations in the traditional budget structure rather than in a ‘‘performance-based budget’’ structure and in accordance with the terms 

and conditions specified below. For the last three years, the conferees have expressed concerns regarding the adequacy of the Department’s annual budget justification to the Committees on Appropriations. While improvements have been made, the fiscal year 

2004 budget justification provided insufficient information to meet 

the Committees’ requirements. For example, the Department’s fiscal year 2004 justification contained less than 13 pages of information for programs representing over half of the Department’s entire 

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mation on the prior year, current year, and requested funding levels for each program, project, or activity funded within each account; a detailed narrative description of each program, project, or 

activity; and any proposed changes to such program, project, or activity. Object classification displays are to be included as supplements, not substitutes, to detailed displays of funding provided in 

prior years and requested in fiscal year 2005 for each program, 

project, or activity within each account. Within the justification 

materials for the Management and Administration account, the Department is to continue to delineate prior year, current year, and 

requested positions, FTEs, and funding levels for each program 

within each office, delineated by headquarters and field office components and as compared to the Department’s workload staffing 

model (REAP). Such materials shall include a detailed justification 

for any proposed staffing changes among such offices. 

TITLE III—INDEPENDENT AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

Appropriates $41,300,000 for salaries and expenses instead of 

$47,276,000 as proposed by the House and $35,000,000 as proposed 

by the Senate. The conferees have not included a provision proposed by the House which would have delayed the availability of 

$10,000,000 until September 1, 2004. 

The amount provided includes $9,000,000 for the Normandy 

Interpretive Center. The conferees note that approximately 

$9,000,000 in additional funding will be required to complete the 

Center and expect this amount to be included in the fiscal year 

2005 budget submission. 

CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

SALARIES AND EXPENSES

Appropriates $8,250,000 instead of $8,550,000 as proposed by 

the House and $8,000,000 as proposed by the Senate. The conferees 

have not included language providing $2,500,000 of this amount to 

be available for two fiscal years as proposed by the Senate. 

The conferees encourage the Board to work with the Department of Homeland Security to develop a Memorandum of Understanding (MOU) regarding the Board’s specific duties to protect 

from and respond to terrorist acts on chemical and related industrial plants. The Board is directed to update the Committees on 

Appropriations by June 30, 2004 on progress made towards developing a MOU. 

Modifies language proposed by the Senate regarding financial 

statements to be prepared by the Chief Operating Officer of the 

Board in accordance with the Accountability of Tax Dollars Act of 

2002. The IG shall submit to the Chief Operating Officer of the 

Board a report on the audit not later than November 15th of the 

fiscal year for which a statement was prepared. 

The conferees have included language and funding under the 

Environmental Protection Agency (EPA), Office of Inspector GenVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01113 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1110

eral designating the Inspector General of EPA to serve as the Inspector General of the Chemical Safety and Hazard Investigation 

Board. The duties of the Inspector General shall be those outlined 

in the Inspector General Act of 1978, as amended. As these duties 

are not supervisory or directive in nature, the independence of the 

Board remains as specified in the Board’s authorizing statute. 

EMERGENCY FUND

Provides $450,000 for an Emergency Fund as proposed by the 

House. 

DEPARTMENT OF THE TREASURY 

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM

ACCOUNT

Appropriates $61,000,000 for the community development financial institutions fund program account, instead of $51,000,000 

as proposed by the House and $70,000,000 as proposed by the Senate. 

Includes $4,000,000 for technical assistance designed to benefit 

Native American communities instead of $3,000,000 as proposed by 

the House and $5,000,000 as proposed by the Senate. 

Provides $12,000,000 for administrative expenses as proposed 

by the Senate instead of $13,000,000 as proposed by the House.

Provides for a cost limitation on direct loans of $6,000,000 with 

$250,000 for administrative expenses as proposed by both the 

House and Senate. 

Provides for a limitation on the amount of direct loans of 

$11,000,000 as proposed by both the House and Senate. 

The conferees direct the Fund to submit an update to its 5–

year strategic plan to the Committees on Appropriations of the 

House and Senate that outlines its effort to improve the economic 

needs of Native Americans. The report is to be submitted by April 

20, 2004. 

The conferees agree with the Senate direction that the CDFI 

Fund make funds for financial assistance available to CDFIs regardless of their size and to continue the Small and Emerging 

CDFI Assistance program. Additionally, the conferees direct the 

CDFI Fund to restore out-migration and population loss as criteria 

in determining Investment Areas for fiscal year 2004. 

CONSUMER PRODUCT SAFETY COMMISSION

SALARIES AND EXPENSES

Appropriates $60,000,000 as proposed by the House and the 

Senate. 

1111

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $553,225,000 for national and community service 

programs operating expenses. The House proposed $363,452,000 to 

fund the operating expenses and salaries and expenses, but not the 

Trust, which was funded under a separate heading. The Senate 

proposed $452,575,000 to fund the operating expenses and the 

Trust, but not salaries and expenses, which were funded under a 

separate heading. This conference agreement mirrors the account 

structure of the Senate. 

Appropriates $314,000,000 for AmeriCorps*State and National 

grants (authorized under subtitle C) and education award only 

grants (authorized under subtitle H), plus an additional 

$130,000,000 for the Trust. The House proposed $244,352,000 for 

grants plus $110,000,000 appropriated under a separate account 

for the Trust. The Senate proposed a lump sum of $340,000,000 to 

fund both grants and the Trust. The conference agreement allows 

for education award only grants to be funded from this same authority as proposed by both the House and the Senate. 

Within the amount provided for AmeriCorps*State and National grants, the conferees have provided up to $55,000,000 for national direct grants. 

The conferees strongly urge the Corporation to develop separate application guidelines for professional corps that recognize the 

unique challenges inherent in building service corps of full-time 

professionals. 

The conference agreement transfers not less than $130,000,000 

to the Trust, of which $5,000,000 is to support national service 

scholarships to high school students and $10,000,000 is to be held 

in reserve as required by the Strengthen AmeriCorps Program Act. 

The Trust funds the education awards for members who successfully complete their commitments in the three AmeriCorps programs: AmeriCorps*State and National, AmeriCorps*NCCC and 

AmeriCorps*VISTA (the latter of which is appropriated under a 

different appropriations Act). The conference agreement includes 

language which allows for the transfer of sums from 

AmeriCorps*State and National grants to the Trust in order to ensure sufficient funding for education award commitments. The conference agreement assumes the Corporation will provide up to 40 

percent of its grant awards as education award only grants. The 

conferees direct the Corporation to include in its Operating Plan 

the number of members, both FTE and total number of volunteers 

this funding level will support, as well as the specific program mix 

of education award only and stipend grants. The conference agreement does not include a cap on the number of members enrolled 

in the Trust. 

The conferees expect that the Corporation will offer any individual selected for enrollment or re-enrollment as an 

AmeriCorps*VISTA member the option of receiving an education 

award. 

1112

The conferees also expect that the Corporation will ensure that 

all continuation grants, through which the Corporation has made 

multi-year commitments, are funded prior to funding new grants, 

provided the grantees are in compliance with all requirements. The conference agreement includes $12,000,000 for state commission administration as proposed by the Senate instead of 

$13,000,000 as proposed by the House. The conferees direct the 

Corporation to address the management problems of the state commissions as identified by the Inspector General. Provides $10,000,000 to the Points of Light Foundation, of which up to $2,500,000 may be used for an endowment as proposed 

by both the House and the Senate. The conference agreement also includes $5,000,000 for America’s Promise, as proposed by both the House and the Senate. 

The conference agreement does not include funding for the 

Promise Fellows program. The 2004 budget request included 

$4,900,000 for this program. However, the Corporation was able to 

allocate funding for the proposed 2004 program from fiscal year 

2003 funds carried over into fiscal year 2004 in order to complete 

the program. 

Provides funding for AmeriCorps*National Civilian Community Corps of $25,000,000 as proposed by the Senate instead of 

$24,000,000 as proposed by the House. 

Limits funding for Learn and Serve grants (authorized by subtitle B) for school-based and community-based service learning programs to $43,000,000 as proposed by the Senate, instead of 

$40,000,000 as proposed by the House. 

Limits funding for subtitle H grants, innovation, demonstra- tion and assistance activities, to $11,225,000 instead of $14,575,000 

as proposed by the Senate and $6,100,000 as proposed by the 

House. The conferees have provided $500,000 for Martin Luther 

King Jr. Day grants; $725,000 for the Service Learning Clearinghouse and Exchange; $2,000,000 for training and technical assistance; $1,000,000 for next generation grants; and $4,000,000 for disability programs. 

The conferees have provided $3,000,000 for challenge grants 

and direct the Corporation to comply with the funding requirements of this program as included in House Report 108–10. 

The conference agreement provides $3,000,000 for audits and 

evaluations, of which $2,000,000 is to assist grantees with the development of their performance measures, and $1,000,000 is for a 

National Academy of Public Administration study as directed in 

Senate Report 108–143. The conferees further direct the Corporation to provide detailed funding levels and descriptions for each initiative under subtitle H in its Operating Plan and future budget request materials. 

The conferees have included bill language, identical to language that has been included in previous conference reports, regarding Federal costs per participant. The conferees direct the Corporation to report within 90 days of enactment on how the Corporation has complied with this directive. The conferees further direct that future efforts to reduce Federal costs per participant 

should target administrative and overhead costs, not volunteers’ 

stipends. 

1113

The conference agreement does not include specific proposals 

by the Senate to increase matching requirements. The conferees, 

however, would expect that larger, well-established partners of the 

Corporation should be able to better leverage their Federal funding 

so that a greater percentage of their operating expenses would 

come from other than Federal sources. The conferees direct the 

Corporation to undertake public notice and comment rulemaking, 

should the Corporation propose to revise the matching funds requirements contained in the grant competition guidelines, for those 

longstanding partners which have received significant funding from 

the Corporation in many successive years. Further, the Corporation 

is directed to collect information on the grantees which receive 

more than $500,000 annually from the Corporation and the amount 

of other Federal and non-Federal funds the recipients have leveraged and make the information available if requested. 

Reiterates language proposed by the House directing the Corporation to review thoroughly its grant programs and financial systems, and submit a report not less than 90 days after enactment 

of this Act detailing a plan for reform and accountability. 

Modifies language proposed by the Senate directing the Corporation to comply fully with the recommendations of the Inspector 

General Audit Report of July 24, 2003, by directing the Corporation 

to prohibit expenditures until the Inspector General certifies that 

substantial compliance has been achieved. 

Reiterates language proposed by both the House and the Senate regarding reports submitted to the Committees on Appropriations detailing the enrollment levels of the various AmeriCorps programs and the financial status of the Trust to be submitted monthly.

The conferees encourage the Corporation to consider a change 

to the grant cycle so that grant awards can be made to recipient 

organizations before the organization recruits members to fill 

awarded slots. 

The conferees direct the Corporation to undertake public notice 

and comment rulemaking to develop a definition of sustainability. 

The conferees direct that future budget requests should not include funding for programs, agencies or operations outside of the 

jurisdiction of this Act. Instead, the Administration should request 

those funds from the appropriate subcommittee of the Committees 

on Appropriations, or request appropriate transfer authority. 

SALARIES AND EXPENSES

Appropriates $25,000,000 for salaries and expenses associated 

with the administrative activities of the Corporation as proposed by 

the Senate. The House included funding under the operating expenses account. 

Of the amount provided the conference agreement assumes: 

$18,300,000 for salaries and benefits; $400,000 for travel; 

$2,300,000 for technology; $2,000,000 for administrative expenses; 

and $2,000,000 for the Office of the Chief Financial Officer. 

The conferees agree that decisions and ultimate responsibility 

for determining pay increases and performance bonuses belong to 

the Chief Executive Officer (CEO) of the Corporation. However, the 

conferees prohibit the CEO from approving bonuses and salary inVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01117 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1114

creases for senior managers unless the Inspector General certifies 

that all recommendations from the July 24, 2003, Inspector General report have been implemented. 

The conferees remind the Corporation of the reporting requirements set forth at the beginning of this division. The conferees 

agree that for fiscal year 2004, the Corporation must report to and 

receive approval from the Committees on Appropriations on any reprogramming request in excess of $100,000. Various reporting requirements listed in both the House report and the Senate report 

must be fulfilled with the submission of the fiscal year 2004 operating plan unless otherwise noted. Further, the conferees direct the 

Corporation to provide better, detailed information in the budget 

request for all CNCS accounts regarding planned and on-going activities, the costs of those activities, and the expected results. 

The conferees expect that the funding provided will support all 

of the Corporation’s current employees, including those whom the 

Corporation has previously funded within subtitle H funds, including National Senior Service Corps recruitment employees. 

The conferees reiterate report language proposed by the Senate 

regarding the Alternative Personnel System. 

OFFICE OF INSPECTOR GENERAL

Appropriates $6,250,000 for Office of Inspector General, instead of $6,000,000 as proposed by the House and $6,500,000 as 

proposed by the Senate. 

Retains report language proposed by the Senate directing the 

Inspector General to audit AmeriCorps*State and National grantees which are in the top ten percent of receiving the most grant 

funds. 

ADMINISTRATIVE PROVISIONS

Retains the two administrative provisions proposed by both the 

House and Senate regarding qualified student loans eligible for 

education awards and the availability of funds for the placement of 

volunteers with disabilities. 

Inserts a new administrative provision, which was proposed by 

the Senate under the national and community service programs operating expenses account. The conference agreement includes modified language directing the Inspector General to levy sanctions in 

accordance with standard Inspector General audit resolution procedures, which include, but are not limited to, debarment of any 

grantee found to be in violation of AmeriCorps program requirements, including using funds to lobby the Congress. 

The conference agreement includes a new administrative provision proposed by the Senate as a general provision requiring the 

Corporation to ensure 1) that significant changes to program requirements or policy are made only through public notice and comment rulemaking; and 2) the integrity of the grant selection process. 

1115

U.S. COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

Appropriates $15,938,000 for salaries and expenses as pro- posed by the House instead of $16,220,000 as proposed by the Senate. Both the House and the Senate provided $1,175,000 for the pro 

bono program. 

DEPARTMENT OF DEFENSE—CIVIL 

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

Appropriates $29,000,000 for salaries and expenses instead of $25,961,000 as proposed by the House and $32,000,000 as proposed 

by the Senate, and provides $1,000 for official representation expenses. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES 

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

Appropriates $78,744,000 as proposed by the Senate instead of $80,000,000 as proposed by the House. 

AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

Appropriates $73,467,000 for toxic substances and environmental public health as proposed by both the House and Senate. 

This funding is to be derived from the Superfund Trust Fund to the 

extent resources are available. Any remaining requirements will 

come from the General Treasury. 

ENVIRONMENTAL PROTECTION AGENCY

The conference agreement includes $8,411,469,000 for programs administered by the Environmental Protection Agency. This 

is an increase of $332,765,000 over the level provided in fiscal year 

2003. 

SCIENCE AND TECHNOLOGY

Appropriates $786,324,000 for science and technology instead of $759,815,000 as proposed by the House and $715,579,000 as proposed by the Senate. The conference agreement includes language 

which allows the EPA Administrator to certify a grant in a prior 

year Appropriations Act to San Bernardino, California. 

The conferees have agreed to specific Agency program levels as 

follows: 

1. $7,000,000 for Communicating Research Information; 

2. $35,000,000 for Particulate Matter; 

3. $32,000,000 for Research to Support Emerging Issues; 

4. $9,750,000 for the STAR Fellowship program; 

5. $11,700,000 for small systems arsenic removal research. 

1116

The conferees have agreed to the following increases above the 

budget request: 1. $2,500,000 for EPSCoR; 

2. $4,000,000 for the Water Environmental Research Foundation; 

3. $5,000,000 for the American Water Works Association Research Foundation; 

4. $2,000,000 for the National Decentralized Water Resource 

Capacity Development Project, in coordination with EPA, for continued training, research and development; 5. $500,000 to the University of California, Riverside for development of vehicle emissions measurement technology and improved 

models for assessing the effectiveness of new technologies and control strategies at the College of Engineering—Center for Environmental Research and Technology (CE–CERT) facility; 6. $1,500,000 to California State University, Fresno for the 

International Center for Water Technology; 7. $100,000 to California State University, Fullerton to enhance ongoing research related to water hazard mitigation; 8. $750,000 for the University of South Florida Study, Protection and Amelioration of Coastal Environments; 

9. $250,000 to the University of Miami National Center for 

Caribbean Coral Reef Research; 

10. $850,000 to the Metropolitan Mayors Caucus for Chicago, 

Illinois for the Clean Air Counts Campaign; 11. $500,000 to Western Michigan University in Kalamazoo, 

Michigan for the Great Lakes Center for Environmental and Molecular Science; 

12. $1,375,000 for the National Center for Manufacturing 

Sciences in Ann Arbor, Michigan for assisting EPA in meeting the 

Strategic Goals Program in the metal finishing sector; 13. $700,000 to the University of North Carolina at Chapel Hill 

for a Green Chemical Manufacturing and Processing research program; 

14. $200,000 for turfgrass research centers at the University of 

Georgia and North Carolina State University to develop turfgrass 

management strategies; 

15. $500,000 for the State of New Jersey pilot and demonstration project for further development of proven, affordable, and effective dredge contaminant reduction technologies; 

16. $250,000 to LaGuardia Community College, New York for 

research related to environmental impacts on minority women 

throughout Queens and the Bronx; 

17. $300,000 to Alfred University for the Center for Environmental and Energy Research; 

18. $250,000 to New York University for the South Bronx Air 

Pollution Study; 

19. $8,775,000 for the Environmental Systems Center of Excellence at Syracuse University for research and technology transfer 

in the fields of indoor environmental quality and urban ecosystems 

sustainability; 

20. $1,000,000 to the Syracuse Research Corporation in Syracuse, New York, for the continuation of environmental research at 

its Probability Risk Assessment Center; 

1117

21. $750,000 for the Consortium for Plant Biotechnology Research; 

22. $200,000 for the National Environmental Technology Incubator at Central State University for technology transfer and commercialization activities; 

23. $900,000 for the Integrated Petroleum Environmental Consortium; 

24. $750,000 for the Integrated Public/Private Energy and Environmental Consortium (IPEC) to develop cost-effective environmental technology, improved business practices, and technology 

transfer for the domestic petroleum industry; 

25. $250,000 to the Overbrook Environmental Educational 

Center—a community based Technology and Literacy center, with 

a primary focus on environmental exploration and educational 

services—for environmental protection and conservation efforts at 

the center’s on-site Green Roof and Bio-lab; 

26. $350,000 to the University of South Carolina for a geologic 

study for uranium groundwater contamination; 

27. $200,000 for Middle Tennessee State University for research on cedar glades; 

28. $2,000,000 for the Mickey Leland National Urban Air 

Toxics Research Center in Houston, Texas; 

29. $1,000,000 for the University of Texas Learning and Computation Center; 

30. $250,000 for the Texas Institute for Environmental Assessment and Management at the University of North Texas, Denton 

for watershed research; 

31. $1,700,000 for the Canaan Valley Institute to continue to 

develop a regional sustainability support center and coordinated information system in the Mid-Atlantic Highlands; 

32. $1,000,000 for the Canaan Valley Institute in close coordination with the Regional Vulnerability and Assessment (ReVA) initiative and ORD Re+ program to demonstrate, validate and report 

on critical ecological hubs and corridors within the Mid-Atlantic 

Highlands and approaches to Highlands ecological prioritization, 

restoration and conservation. Research and educational tools are to 

be developed using integrative technologies to predict future environmental risks and support informed, proactive decision-making 

to be undertaken in conjunction with the Highlands Action Program; 

33. $250,000 for the Carnegie Mellon University Green Chemistry Initiative; 

34. $200,000 to the City of Saltillo, Mississippi, for demonstration of new wastewater disinfection technologies; 

35. $500,000 for the New England Green Chemistry Consortium; 

36. $1,000,000 for the National Environmental Respiratory 

Center at the Lovelace Respiratory Research Institute; 

37. $3,900,000 for the Mine Waste Technology Program at the 

National Environmental Waste Technology, Testing, and Evaluation Center; 

38. $500,000 for the Center for the Study of Metals in the Environment; 

1118

39. $1,200,000 for the Center for Air Toxic Metals at the Energy and Environmental Research Center; 40. $1,500,000 for the Connecticut River Airshed-Watershed 

Consortium; 

41. $250,000 for acid rain research at the University of 

Vermont; 

42. $100,000 for the University of Vermont’s Proctor Maple Research Center to continue mercury deposition monitoring effects; 43. $100,000 for the University of Vermont’s land use mapping 

initiative; 

44. $200,000 for the Vermont Department of Agriculture to 

work with conservation districts and local communities to reduce 

nonpoint source run-off in the Allen Brook watershed; 45. $425,000 for the Southwest Clean Air Quality Agency’s Columbia Gorge Air Quality Technical Foundation Study; 46. $400,000 for the Clark County Department of Air Quality 

Management/Desert Research Institute in Nevada for the ozone 

transport monitoring project; 47. $400,000 to demonstrate containment and disposal technologies associated with the Arnold Heights project in California; 48. $425,000 for Southeastern Louisiana University for the 

Turtle Cove research station; 

49. $1,000,000 for the National Jewish Medical and Research 

Center in Colorado; 

50. $300,000 for Utah State University for monitoring and assessment activities related to freshwater ecosystems; 51. $1,000,000 for the Houston Advanced Research Center and 

the University of Texas Air Quality Study; 52. $1,000,000 for the University of South Alabama for the 

Center for Estuarine Research; 

53. $2,000,000 for an air quality program for Anchorage, Alaska; 

54. $800,000 for Ohio University’s Air Quality Center to develop an advanced modeling program on air quality issues in the 

Ohio River valley region; 

55. $1,000,000 to the Donald Danforth Plant Science Center in 

Missouri for a Parasitic Nematode Controls research project; 

56. $500,000 to the Donald Danforth Plant Science Center in 

Missouri for the development of technologies for environmental 

phytoremediation and the development of technologies for extending the environmentally safe use of biotechnology for 

phytoremediation, and for the production of novel materials and 

compounds in plants; 

57. $800,000 for Montec Research in Butte, Montana to research pilot scale enzyme catalyzed processes;

58. $750,000 for the Frank M. Tejeda Center for Excellence in 

Environmental Operations at Texas A&M; 

59. $800,000 for the University of Northern Iowa for new environmental technologies for small businesses; 

60. $1,000,000 for the Alabama Department of Environmental 

Management for the Alabama Water and Wastewater Training 

Program; 

61. $1,000,000 for the Desert Research Institute for western 

Nevada regionally-based clean water activities; 

1119

62. $150,000 for Texas State University at San Marcos International Institute for Sustainable Water Resources. 

The conferees are fully supportive of the collaborative partnership of the EPA and the National Institutes of Health in their system of Centers for Children’s Environmental Health and Disease 

Prevention Research. The conferees direct that EPA continue to 

support a competitive system of not less than twelve such centers 

and that it maintain the average level of funding for each center 

at not less than the historic level of approximately $500,000 for direct costs. 

From within amounts transferred to ‘‘Science and Technology’’ 

from ‘‘Hazardous Substance Superfund’’, the conferees direct that 

funding for the Gulf Coast Hazardous Substance Research Center 

continue at no less than the fiscal year 2003 level. 

The conferees continue to support the partnership between the 

EPA and the National Technology Transfer Center and direct that 

the Agency continue the cooperative agreement at the fiscal year 

2001 funding level. 

The conferees direct EPA to contract with the National Academy of Sciences within 60 days of enactment for two separate studies: (1) a study on the health risks to children from residential lead 

contamination, as proposed by the Senate; and (2) a study of 

health, safety, and environmental risks of coal combustion wastes 

used for reclamation in active and abandoned mines. 

The conferees are aware of the progress being made by the 

Agency through its Climate Protection Program: Transportation 

program on the development of clean, cost effective, and high fuel 

efficiency engine and powertrain technologies. The conferees direct 

that the Agency continue to fund the clean automotive technology 

program on advanced hybrid vehicles, extremely clean diesel technologies, and advanced gasoline engine concepts at levels sufficient 

to complete this work in fiscal year 2004. 

The conferees are aware that EPA released its draft risk assessment of Chromated Copper Arsenate (CCA)-treated play sets 

and decks on November 12, 2003, and is seeking the advice of its 

Science Advisory Panel (SAP) regarding this probabilistic assessment of cancer risk. The conferees understand that this risk assessment is scheduled for a final release later this year following the 

SAP review. The conferees are aware that EPA—in conjunction 

with industry and other stakeholders—has developed a draft biomonitoring study protocol consistent with SAP recommendations 

and intends to complete a biomonitoring study by October 2004. 

This study will provide additional information on CCA risk. Once 

this biomonitoring study is complete, the conferees expect that EPA 

will make any appropriate changes to the final risk assessment and 

re-issue the assessment accordingly. 

The conferees are aware of the Florida Area Coastal Environmental (FACE) Initiative to identify and investigate the sources of 

nutrients, trace metals, and unregulated substances entering the 

coastal waters of Florida. This initiative’s participants include 

local, state, and federal agencies and the Florida university community led by the University of South Florida Department of Marine Science and the University of Miami’s Center for Marine Ecosystem Science and Policy. The conferees direct EPA to report back 

1120

to the Committees on Appropriations by March 1, 2004, on progress 

toward implementation of the FACE program. 

The conferees are encouraged by new technology that has the 

potential to eliminate contaminating microorganisms from water, 

and ultimately reducing and halting the spread of disease through 

contaminated water. The conferees commend the efforts of EPA to 

bring this technology to bear upon current water treatment and purification problems, and strongly encourage EPA to continue to foster this technology. 

The conferees are aware of promising developments in idle reduction technologies, including advanced truck stop electrification. 

The conferees urge the Agency to fund demonstration pilots of this 

technology as part of its SmartWay Transport program. 

The conferees encourage EPA to use and expand programs at 

Historically Black Colleges and Universities to leverage available 

resources in existing programs for capacity building and coordinated research to broaden the base of quality water resource centers throughout the country. 

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

Appropriates $2,293,578,000 for environmental programs and 

management instead of $2,193,102,000 as proposed by the House 

and $2,219,659,000 as proposed by the Senate. 

The conferees have agreed to specific Agency program levels as 

follows: 

1. $24,500,000 for the National Estuary Program; 

2. $22,800,000 for the Chesapeake Bay Program, including 

$2,000,000 for Chesapeake Bay small watershed grants; 

3. $2,500,000 for the Lake Pontchartrain Basin Restoration 

Program; 

4. $2,300,000 for the Long Island Sound Program Office; 

5. $2,455,000 for the Lake Champlain Basin program; 

6. $5,750,000 for Environmental Justice programs; 

7. $115,000,000 for Management Services and Stewardship; 

8. $35,000,000 for Regional Management; 

9. $32,000,000 for Information Technology Management; 

10. $15,000,000 for Data Standards; 

11. $23,000,000 for Data Management; 

12. $16,473,000 for Geospatial; 

13. $33,500,000 for Regulatory Development; 

14. $14,000,000 for RCRA Waste Reduction; 

15. $10,000,000 for the Great Lakes Legacy Act; 

16. $43,000,000 for Drinking Water Implementation; 

17. $26,000,000 for Drinking Water Regulations; 

18. $8,976,000 for Direct Public Information and Access; 

19. $27,500,000 for Brownfields administration; 

The conferees have agreed to the following increases to the 

budget request: 

1. $5,400,000 for the Office of Enforcement and Compliance Assurance for personnel and associated costs; 

2. $2,000,000 for EPA Region 10 for environmental compliance; 

3. $1,000,000 to the Office of Enforcement and Compliance Assurance for enforcement of the bilateral agreement between the 

1121

U.S. and Canada concerning the transboundary movement of municipal solid waste; 

4. $9,160,000 for EPA Environmental Education; 

5. $18,900,000 for rural water technical assistance activities 

and groundwater protection with distribution as follows: 

$10,000,000 for the NRWA; $4,000,000 for RCAP, to be divided 

equally between assistance for water programs and assistance for 

wastewater programs; $750,000 for GWPC; $2,000,000 for Small 

Flows Clearinghouse; $1,000,000 for the NETC; and $1,150,000 for 

the WSC Wellcare Program; 

6. $1,000,000 for the National Biosolids Partnership Program; 

7. $2,000,000 for source water protection programs; 

8. $5,000,000 for a cost-shared grant program to school districts for necessary upgrades of their diesel bus fleets; 

9. $4,000,000 for grants to interested States to establish a 

long-term ambient monitoring and assessment framework at relevant geographic scales to support all water quality management 

objectives; 

10. $3,000,000 for EPA’s National Computing Center to provide 

for the remote mirroring of all critical information and related systems to achieve a Continuance of Operations (COOP)/Disaster Recovery capability; 

11. $5,000,000 for America’s Clean Water Foundation for implementation of on-farm environmental assessments for livestock 

operations; 

12. $1,500,000 to support and implement the Highlands Action 

Program (HAP) of the Agency, including, but not limited to, federal 

personnel and related costs;

13. $250,000 to the City of Prichard, Alabama for a comprehensive water and wastewater improvement study; 

14. $500,000 for the Central California Ozone Study; 

15. $200,000 to the San Joaquin Valley Air Pollution Control 

District, California for its Operation Clean Air public education 

program; 

16. $300,000 to the Golden Gate National Parks Conservancy, 

California and National Park Service for shoreline and habitat restoration; 

17. $750,000 to the Santa Clara Valley Water District in California for groundwater remediation; 

18. $2,500,000 for the Southwest Center for Environmental Research and Policy; 

19. $300,000 to the Florida Department of Agriculture and 

Consumer Services for its Reclaimed Rainwater Irrigation Project 

to demonstrate nonpoint source pollution prevention; 

20. $1,200,000 to Florida Gulf Coast University for the Institute of Coastal Watershed Studies; 

21. $2,000,000 for Osceola County, Florida to treat invasive 

plants (Hydrilla and Hygophila) in the County’s watershed and 

drainage system; 

22. $100,000 for development and implementation of the Georgia Water Planning and Policy Center, Offset Banking Water Quality Improvement program; 

1122

23. $400,000 to the Georgia Environmental Training and Education Authority for a lagoon waste management demonstration 

program; 

24. $175,000 to Cerro Gordo County, Iowa for continuation of 

the initiatives related to the Clear Lake Restoration Project; 

25. $200,000 to Storm Lake, Iowa for the Storm Lake Water 

Quality Project; 

26. $100,000 to the Palouse Basin Aquifer Committee for monitoring programs and pilot studies on how to stabilize the deep aquifer water levels and ensure a long-term water supply for the 

Palouse region serving the Cities of Moscow, Idaho and Pullman, 

Washington, the University of Idaho, Washington State University 

and the surrounding areas in Latah County, Idaho and Whitman 

County, Washington; 

27. $300,000 for the Selenium Information System Project at 

the Idaho National Engineering and Environmental Laboratory; 

28. $500,000 to the State of Idaho for Producers Supply Co-op 

to carry out a program of environmental response for fuel contamination cleanup; 

29. $2,000,000 for the Coeur d’Alene Basin Commission to continue a pilot program for environmental response, natural resource 

restoration and related activities; 

30. $1,500,000 to Boise State University for research projects 

aimed at developing and demonstrating multi-purpose sensors to 

detect and analyze contaminants and time-lapse imaging of shallow 

subsurface fluid flow; 

31. $600,000 to the Illinois Environmental Protection Agency 

for the Fox River Watershed Management Program; 

32. $1,450,000 for the Olmsted Parks Conservancy for a regional watershed demonstration in the Louisville, Kentucky 

Olmsted Parks; 

33. $1,550,000 for the Louisville Waterfront Development Corporation, a non-profit corporation in Kentucky, for a riverbank stabilization project to demonstrate pollution run-off reduction strategies; 

34. $400,000 for Red River Watershed Management Institute 

at Louisiana State University-Shreveport for research, education, 

and community service/outreach related to watershed management 

in the area drained by the Red River and its tributaries; 

35. $200,000 for St. Mary’s College, Maryland for the River 

and Lands Institute; 

36. $175,000 to Oakland County, Michigan for the Clinton 

River Watershed Initiative including watershed research and modeling, creation of a web-based database on stream flow and water 

quality, bacterial source tracking, and outreach activities; 

37. $1,000,000 for the Oakland County Drain Commission, 

Michigan for water and sewerage infrastructure management and 

planning; 

38. $125,000 for the Hypoxia Education and Stewardship 

Project in Kansas City, Missouri; 

39. $250,000 for Wake County, North Carolina for a groundwater protection program; 

1123

40. $1,000,000 for the North Carolina Rural Economic Development Center to develop a statewide Water and Wastewater Assessment, Management and Security Initiative; 

41. $850,000 for continued support of a North Carolina Central 

University research initiative to assess environmental exposure 

and impact in communities of color and economically disadvantaged communities; 

42. $175,000 to the University of Nebraska, Lincoln for development of a large-scale, system-level mathematical model of critical 

water resources in western Nebraska; 

43. $100,000 to the State of New Jersey for the New Jersey Geographic Information System Smart Growth Program; 

44. $200,000 for Monmouth University, New Jersey, for the 

Center for Coastal Watershed Management to promote watershed 

research and education; 

45. $300,000 to the Rutgers Noise Technical Assistance Center 

at the State University of New Jersey to conduct a study of environmental noise from interstate freight railroad operations in Teaneck, New Jersey; 

46. $100,000 for the Peconic Estuary Program Office in 

Riverhead, New York for implementation of a Comprehensive Conservation and Management Plan; 

47. $150,000 in technical assistance grants to Washington 

County, Rensselaer County, and Saratoga County, New York, for 

Hudson River stewardship programs; 

48. $200,000 to Orange County, New York for a county-wide 

water analysis; 

49. $200,000 to Madison County, New York for the landfill gas 

to energy project; 

50. $200,000 for Columbia University in New York City, New 

York for education and training related to ongoing biomedical research on environmentally induced cancers and immunological responses, at the Audubon Biomedical Science and Technology Park; 

51. $250,000 to Wayne County, New York for the development 

of a Sodus Bay comprehensive watershed management plan; 

52. $250,000 to the Center for Environmental Information in 

Rochester, New York for planning, research and environmental 

analysis for a Lake Ontario coastline remediation and restoration 

initiative; 

53. $300,000 for the NADO (National Association of Development Organizations) Research Foundation for environmental training and information dissemination related to rural brownfields, air 

quality standards and water infrastructure; 

54. $350,000 to the State University of New York Environmental School of Forestry for research and demonstration of contaminant mitigation strategies for rural/suburban run-off affecting 

water quality along the rural-urban interface in Central New York 

watersheds; 

55. $350,000 to the State University of New York Environmental School of Forestry for an Onondaga Creek habitat restoration demonstration initiative; 

56. $750,000 to Cortland County, New York for continued work 

on the aquifer protection plan, of which $350,000 is for continued 

1124

implementation of the comprehensive water quality management 

program in the Upper Susquehanna Watershed; 

57. $1,500,000 for continued work on water management plans 

for the Central New York Watersheds in Onondaga and Cayuga 

counties; 

58. $500,000 for Springfield, Ohio for environmental restoration activities; 

59. $250,000 to Children’s Hospital of Philadelphia (CHOP) 

Community Asthma Prevention program to increase awareness of 

environmental asthma triggers in the homes of families in Philadelphia; 

60. $500,000 to the Caribbean American Mission for Education 

Research and Action (CAMERA) in support of their youth environmental stewardship and education program; 

61. $200,000 to the National Energy Technology Center for the 

Monogahela River Mine Pool Study in Northwestern West Virginia 

and Southwestern Pennsylvania; 

62. $500,000 to the City of Philadelphia, Pennsylvania, for lead 

screening, testing, outreach and education throughout the public 

school system; 

63. $750,000 to Environment and Sports Inc., a nonprofit organization, for an environmental and awareness program;

64. $1,500,000 to the American Cities Foundation for the 

Neighborhood Environmental Action Team program and other community environmental efforts; 

65. $250,000 to the Brazos River Authority for the Brazos/

Navasota Watershed Management project; 

66. $50,000 to Frederick County, Virginia for a water resources 

study in the counties of Frederick, Warren, Clark and Shenandoah 

in Virginia and Berkley County in West Virginia; 

67. $200,000 to Loudoun County, Virginia for development of 

a comprehensive watershed management plan; 

68. $700,000 to the Columbia Basin Groundwater Management 

Area in Washington State for the Columbia Basin Groundwater 

Management Area Study; 

69. $500,000 for the Washington Puget Sound Action Team for 

rapid assessment and response to declining oxygen levels in the 

Hood Canal; 

70. $800,000 to the Polymer Alliance Zone’s MARCEE Initiative with oversight provided by the Office of Solid Waste; 

71. $2,000,000 for on-going activities at the Canaan Valley Institute, including activities relating to community sustainability. 

72. $4,000,000 for the Small Public Water System Technology 

Centers at Western Kentucky University, the University of New 

Hampshire, the University of Alaska-Sitka, Pennsylvania State 

University, the University of Missouri-Columbia, Montana State 

University, the University of Illinois, and Mississippi State University; 

73. $500,000 for the Kenai River Center in Kenai, Alaska; 

74. $500,000 for the State of New Hampshire for the New 

Hampshire Estuaries Project; 

75. $3,000,000 for the University of Oklahoma for surface 

water treatment, monitoring and environmental remediation of 

1125

mine-waste tailings in the Tar Creek and Spring Creek watersheds 

in Ottawa County, Oklahoma; 76. $1,000,000 for the State of Alaska to conduct a mercury 

testing program on seafood; 77. $500,000 for the New Hampshire Department of Environmental Services for a milfoil and invasive species removal program; 78. $1,000,000 for the University of Nebraska-Lincoln for the 

development of innovative cleanup technologies for environmental 

contamination of soil and water; 

79. $500,000 for the University of Louisville Center for Infrastructure Research in Kentucky for research of ways to address 

problems caused by obsolete designs, aging facilities and growing 

demands on water, wastewater and sewer infrastructure; 

80. $500,000 for the Western Kentucky University Center for 

Wastewater Research for research on wastewater and management 

issues; 

81. $1,000,000 for the Watershed of the Ozarks in Missouri for 

the Valley Mill Watershed Project; 82. $1,000,000 for the University of Missouri at Columbia for 

the Innovative Technologies for Nutrient Management Project; 83. $1,000,000 for the Missouri Pork Producers Association for 

the development of environmental processes for agricultural producer certifications; 

84. $450,000 for the Village of Questa, New Mexico for an impact study on the quality of groundwater and surface water sources 

and for costs related to mine reclamation; 

85. $750,000 for the Ohio River Valley Water Sanitation Commission to complete a riverwide TMDL review of dioxin and PCBs; 86. $750,000 for the Lake Pontchartrain Basin Foundation for 

Lake Pontchartrain water quality improvement projects. 87. $250,000 for the Maryland Bureau of Mines for an acid 

mine drainage remediation project; 88. $1,000,000 for projects demonstrating the benefits of Low 

Impact Development along the Anacostia Watershed in Prince 

Georges County, Maryland, including $500,000 for storm drains 

and trash traps; 

89. $250,000 for the Midwest Technology Assistance Center at 

the University of Illinois; 

90. $500,000 for the Sacramento Regional County Sanitation 

District for toxic pollutant control; 

91. $500,000 for the Center for Agricultural and Rural Development at Iowa State University for the Resource and Agricultural 

Policy Systems program; 

92. $500,000 for the Small Business Pollution Prevention Center at the University of Northern Iowa; 

93. $500,000 for the painting and coating assistance initiative 

through the University of Northern Iowa; 

94. $500,000 for the Department of Water Supply, County of 

Maui, Hawaii for the upcountry Maui lead-water reduction plan; 

95. $250,000 for the Economic Development Alliance of Hawaii 

to promote biotechnology to reduce pesticide use; 

96. $400,000 for the County of Hawaii and the Hawaii Island 

Economic Development Board for community-based waste recycling 

and reuse system; 

1126

97. $200,000 for the Milwaukee Community Services Corps for 

a phytoremediation treatability plan; 98. $300,000 for the Great Lakes Indian and Wildlife Commission; 

99. $250,000 for the Northwest Straits Commission for Washington State University’s beach watchers program; 100. $350,000 for the Northwest Indian Fisheries Commission 

tribal water quality program; 101. $300,000 for the Walker Lake Working Group in Nevada 

for scientific, analytical, and other technical assistance to evaluate 

solutions for the restoration of Walker Lake; 

102. $200,000 to the Walker Lake Paiute Tribe to conduct environmental remediation of ordnance and other toxic materials on 

tribal lands; 

103. $325,000 for the Shoshone-Paiute Tribe for an environmental characterization study of mine drainage on the Owybee 

River, riparian areas, and other areas on the Tribe’s Duck Valley 

Reservation; 

104. $750,000 for the University of West Florida’s PERCH program; 105. $200,000 for pollution prevention of Wreck Pond and 

nearby beaches in Spring Lake, New Jersey; 106. $250,000 for a storm water research initiative at the University of Vermont; 107. $500,000 for New Bedford, Massachusetts, for environmental education and science programs; 108. $200,000 for the Northeast Waste Management Officials 

Association [NEWMOA]; 

109. $200,000 for the Northeast States for Coordinated Air Use 

Management [NESCAUM]; 110. $2,000,000 for the National Alternative Fuels Training 

Consortium; and 

111. $500,000 for the Clinton River Watershed Initiative in 

Michigan. 

The conferees strongly support the objectives of the Agency’s 

enforcement program, and have provided additional resources to 

enable the Agency to fund a total of not less than 2,237 enforcement FTEs in this account (3,465 FTEs throughout the Agency), 

equal to the fiscal year 2003 enacted level. 

The conference agreement provides the full budget request for 

the Endocrine Disruptor Screening Program (EDSP), the High Production Volume (HPV) Chemical Challenge Program, and the Voluntary Children’s Chemical Evaluation Program (VCCEP). 

The conference agreement also provides the full budget request 

for the Great Lakes National Program Office. 

The conference agreement provides the full budget request of 

$2,000,000 for the Water Information Sharing and Analysis Center 

(Water ISAC) to gather, analyze, and disseminate sensitive security 

information to water and wastewater systems. The conferees direct 

that the Water ISAC shall be implemented through a grant to the 

Association of Metropolitan Water Agencies. 

The conferees have, within available funds, provided 

$2,000,000 for nine Environmental Finance Centers, the same as 

for fiscal year 2003. Also from within available funds, the Agency 

1127

is provided with $250,000 to continue development of BASINS 

models, GIS mapping, integration with other financial and planning tools, and incorporation of cost-effectiveness considerations 

into integrated priority ranking systems. 

Within available funds, the Agency is directed to contract with 

an independent research organization, within 60 days of enactment, to complete a comprehensive study of jobs created by water 

infrastructure financing, as proposed by the Senate. 

The conferees expect EPA to specify all funding for paid advertising throughout the Agency in the fiscal year 2004 operating plan 

and in the fiscal year 2005 budget submission. 

The conferees are concerned that Federal agencies continue to 

receive failing grades due to weaknesses in cyber security management. To address this weakness, the conferees believe agencies can 

use vulnerability management as a means of securing critical computer networks. The conferees direct EPA to provide no less than 

$500,000, within available funds, to demonstrate a cyber-security/

vulnerability management solution which, in real time, continuously and accurately discovers network exposures and measures 

policy compliance in an extensible and scalable manner. This management solution can be achieved by using appliance-based technology to run a hardened operating system that communicates 

through encryption using digital certificates for authentication. The 

conferees direct the Agency to report to the Committees on Appropriations on the efficacy of this technology no later than October 

1, 2004. 

The conferees understand that EPA supports Electro Catalytic 

Oxidation, a multi-pollutant control technology for coal fired power 

plants. The conferees encourage EPA to continue to explore the potential clean air benefits of this promising technology. 

The conferees support the Agency’s electronics recycling initiative, and encourage the Agency to support pilot projects through 

the Polymer Alliance Zone’s MARCEE Initiative to develop a market-based sustainable electronics recycling infrastructure. 

OFFICE OF INSPECTOR GENERAL

Appropriates $37,558,000 for the Office of Inspector General, 

an increase of $750,000 over the amounts proposed by the House 

and the Senate. In addition to amounts appropriated directly to the 

OIG, $13,214,000 is also available by transfer from funds appropriated for the Hazardous Substance Superfund. 

The conferees have included language designating the Inspector General of EPA to serve as the Inspector General for the Chemical Safety and Hazard Investigation Board. An additional 

$750,000, not in the budget request, and up to 5 FTEs are provided 

in fiscal year 2004 for this function. The conferees direct that adequate funding be included in the budget request in future fiscal 

years to carry out this function. 

BUILDINGS AND FACILITIES

Appropriates $40,000,000 for buildings and facilities, instead of 

$42,918,000 as proposed by the Senate and $42,368,000 as proposed by the House. 

1128

HAZARDOUS SUBSTANCE SUPERFUND

(INCLUDING TRANSFERS OF FUNDS)

Appropriates $1,265,000,000 for Hazardous Substance Superfund as proposed by the Senate instead of $1,275,000,000 as proposed by the House. Bill language provides that such sums as are 

available from the Superfund trust fund upon the date of enactment are available for this activity, with the remainder to be derived from general revenues of the Treasury. Additional language 

provides for the transfer of $13,214,000 to the Office of Inspector 

General, and for the transfer of $44,697,000 to the Science and 

Technology account. The conference agreement does not include delayed obligations in the superfund account as proposed by the Senate. 

The conferees have agreed to the following fiscal year 2004 

funding levels: 

1. $880,281,000 for Superfund response and cleanup activities, 

an increase of $28,895,000 over the fiscal year 2003 enacted level. 

2. $147,557,000 for enforcement activities. 

3. $140,425,000 for management and support. 

4. $13,214,000 for transfer to the Office of Inspector General. 

5. $44,697,000 for research and development activities, to be 

transferred to the Science and Technology account. 

6. $38,826,000 for reimbursable interagency activities, including $28,150,000 for the Department of Justice and $10,676,000 for 

OSHA, FEMA, NOAA, the United States Coast Guard, and for the 

Department of the Interior. 

The conferees direct the EPA IG to conduct an evaluation of 

Superfund expenditures at headquarters and the regions and recommend options for increasing resources directed to extramural 

cleanup while minimizing administrative costs. The conference 

agreement does not include a provision, as proposed by the Senate, 

to require EPA to allocate a specific percentage of its superfund 

budget to site remedy construction and long-term response activities. However, the conferees expect EPA to direct the maximum 

possible resources to these activities, and look forward to reviewing 

the IG’s recommendations for increasing funding for these critical 

activities within available resources. 

The conferees direct the EPA Inspector General to conduct an 

investigation into all financial transactions, including revenue and 

spending, by the Gloucester Environmental Management Services 

(GEMS) Trust, and make its findings available to the public no 

later than April 1, 2004. 

LEAKING UNDERGROUND STORAGE TANK PROGRAM

Appropriates $76,000,000 for the leaking underground storage 

tank program instead of $79,845,000 as proposed by the House and 

$72,545,000 as proposed by the Senate.

OIL SPILL RESPONSE

Appropriates $16,209,000 for oil spill response as proposed by 

the House and the Senate. 

1129

STATE AND TRIBAL ASSISTANCE GRANTS

Appropriates $3,896,800,000 for state and tribal assistance 

grants instead of $3,601,950,000 as proposed by the House and 

$3,814,000,000 as proposed by the Senate. Bill language specifically 

provides $1,350,000,000 for Clean Water State Revolving Fund 

(SRF) capitalization grants, of which up to $75,000,000 is to be 

made available for use by States that choose to make loans, including interest-free loans, that increase non-point and non-structural, 

decentralized alternatives, expanding the choices available to communities in their fight for clean water. The conferees again strongly encourage States that can do so to pursue innovative technologies in this regard, but emphasize that this program is voluntary and that States not participating in the program will nevertheless continue to receive their normal level of funding through 

the established SRF formulas. 

Additional bill language provides $850,000,000 for Safe Drinking Water SRF capitalization grants; $50,000,000 for the United 

States-Mexico Border program; $43,000,000 for grants to address 

drinking water and wastewater infrastructure needs in rural and 

native Alaska communities; $3,500,000 for remediation of above 

ground leaking fuel tanks in Alaska pursuant to Public Law 106–

554; $6,600,000 for grants for construction of alternative decentralized wastewater facilities; $93,500,000 for Brownfields grants; 

$1,175,200,000 for categorical grants to the states and tribes, including $50,000,000 for Brownfields categorical grants and 

$20,000,000 for the Environmental Information Exchange program; 

and $325,000,000 for cost-shared grants for construction of water 

and wastewater treatment facilities and infrastructure and for 

groundwater protection infrastructure. 

The conferees have included bill language which: (1) for fiscal 

year 2004, authorizes the Administrator of the EPA to use funds 

appropriated pursuant to the Federal Water Pollution Control Act 

(FWPCA) to make grants to Indian tribes pursuant to section 

319(h) and 518(e) of FWPCA; (2) will permit the states to include 

as principal amounts considered to be the cost of administering 

SRF loans to eligible borrowers, with certain limitations; (3) for fiscal year 2004, authorizes the states to transfer funds between the 

Clean Water and Safe Drinking Water SRF programs; and (4) stipulates that no funds provided in the Act to address water infrastructure needs of colonias within the United States along the 

United States-Mexico border shall be made available to a county or 

municipal government unless that governmental entity has established an enforceable ordinance or rule which prevents the development or construction of any additional colonia areas, or the development within an existing colonia of any new home, business, or 

other structure which lacks water, wastewater, or other necessary 

infrastructure. 

As in previous years, the conferees have included bill language 

which stipulates that none of the funds provided in this or any previous years’ Act for the Safe Drinking Water SRF may be reserved 

by the Administrator for health effects studies on drinking water 

contaminants. The conferees have instead provided significant reVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01133 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1130

sources for such studies within EPA’s Science and Technology account. 

The conferees have included new bill language which sets certain requirements for Alaska Native Village grants, including: (1) 

a 25% cost share from the State of Alaska; (2) a limitation on administrative expenses; and (3) the establishment of a statewide priority list and a set-aside for regional hub communities. 

The conferees eliminated a provision included by the Senate 

which was designed to make the use of targeted water and wastewater investments in combination with funding from state revolving funds more flexible. The House did not include this provision. 

Because of concerns over the best way to address flexibility in the 

combined use of these funds, the conferees instead direct the EPA 

to report to the House and Senate Committees on Appropriations 

by February 15, 2004 with recommendations on ways to enhance 

the combined use of these funds. 

The conferees have included bill language which makes technical corrections and changes to grants approved in previous fiscal 

years. 

Of the funds provided for the United States-Mexico Border pro- gram, $7,000,000 is for continuation of the El Paso, Texas desalination and water supply project, and $2,000,000 is for the Brownsville, Texas water supply project. The conference agreement provides $6,600,000 for six specific 

grants under the National Decentralized Wastewater Demonstration program. The program, which has shown success in developing 

and transferring technologies which offer alternatives to centralized wastewater treatment facilities, also requires a cost-share 

whereby each grantee must provide 25% of the project’s total cost. 

The six projects included for funding are located in Seattle, Washington ($1,350,000); Blackstone Watershed, Massachusetts and 

Rhode Island ($1,350,000); Boise, Idaho ($1,000,000); Pasquotank 

River Watershed, North Carolina ($1,350,000); Washington, D.C. 

($800,000); and Chagrin River Watershed, Ohio ($750,000). As in 

previous years, these projects were determined by non-governmental, independent analysis based upon their unique and diverse 

geology and geography, their ability to provide the greatest technological diversity using limited financial resources, and the commitment of each community or regional area to find and fund appropriate alternative technologies to resolve their wastewater treatment needs. 

Within the State and Tribal Categorical Grant program, the 

conference agreement includes: 

1. $228,550,000 for air resource assistance to State and local 

governments under sections 103 and 105 of the Clean Air Act, including $10,000,000 for the five State/Regional Haze planning organizations; 

2. $11,050,000 for air resource assistance grants to Tribal governments; 

3. $8,150,000 for radon grants; 

4. $200,400,000 for water pollution control Agency resource 

supplementation under section 106 of FWPCA; 

5. $10,000,000 for beach grants to develop and implement monitoring and information programs for coastal recreation waters purVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01134 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1131

suant to the Beach Environmental Assessment and Coastal Health 

Act of 2000; 

6. $238,550,000 for section 319 of FWPCA non-point source 

pollution grants, including programs formerly eligible under the 

section 314 Clean Lakes program; 

7. $15,000,000 for wetlands program development grants; 

8. $19,000,000 for water quality cooperative agreements under 

section 104(b)(3) of FWPCA; 

9. $15,000,000 for targeted watershed grants; 

10. $102,600,000 for public water system supervision grants; 

11. $11,000,000 for underground injection control grants; 

12. $5,000,000 for Drinking Water Program State Homeland 

Security Coordination grants; 

13. $106,400,000 for RCRA financial assistance grants; 

14. $50,000,000 for Brownfields categorical cleanup grants; 

15. $11,950,000 for underground storage tank grants;

16. $13,100,000 for pesticides program implementation grants; 

17. $13,700,000 for lead risk reduction grants; 

18. $5,150,000 for toxic substances compliance/enforcement 

grants; 

19. $19,900,000 for pesticides enforcement grants; 

20. $20,000,000 for the information exchange network program; 

21. $6,000,000 for pollution prevention incentive grants; 

22. $2,250,000 for enforcement and compliance assurance 

grants; and 

23. $62,500,000 for Indians general assistance grants. 

The conferees have not provided funding for a grant for drinking water infrastructure improvements in San Juan, Puerto Rico. 

The conferees have provided $325,000,000 for a targeted program making grants to communities for the construction of drinking water, wastewater and storm water infrastructure and for 

water quality protection. As in past years, these grants shall be accompanied by a cost-share requirement whereby 45 percent of a 

project’s cost is the responsibility of the community or entity receiving the grant. In those few cases where such cost-share requirement poses a particular financial burden on the recipient community or entity, the conferees support the Agency’s use of its longstanding guidance for financial capability assessments to determine 

reductions or waivers from this match requirement. 

With the exception of the limited instances in which an applicant meets the criteria for a waiver, the conferees have provided 

no more than 55% of an individual project’s cost, regardless of the 

amount appropriated below. Consistent with direction in the fiscal 

year 2003 Conference Report on this bill, the phrase ‘terms and 

conditions’ referenced in the bill language includes the maximum 

55% federal share, as well as the intended recipients and the specific project descriptions, as listed below. 

The distribution of funds under this program is as follows: 

1. $85,000 to the City of Cedar Bluff, Alabama for wastewater 

infrastructure improvements; 

2. $90,000 to the Town of Pennington, Alabama for water and 

wastewater infrastructure improvements; 

1132

3. $100,000 to the Fayette, Alabama, Water Works Board for 

water system infrastructure improvements; 

4. $100,000 to the Limestone County Water and Sewer Authority, Alabama for drinking water improvements; 

5. $100,000 to the City of Athens, Alabama for wastewater system improvements; 

6. $100,000 to Lawrence County, Alabama for the Bankhead 

Forest Water project; 

7. $100,000 to the city of New Hope, Alabama for wastewater 

system improvements; 

8. $850,000 for the Coosa Valley Water Supply District for development of a surface water supply in St. Clair County, Alabama; 

9. $175,000 to the West Morgan-East Lawrence Water and 

Sewer Authority, Alabama for water infrastructure improvements; 

10. $175,000 to the City of Lineville, Alabama for purchase and 

construction of a water tank; 

11. $200,000 to Walker County Commission, Alabama for 

water line extensions in isolated areas; 

12. $200,000 to Colbert County, Alabama, for water system improvements; 

13. $200,000 to the Utilities Board of the Town of Citronelle, 

Alabama for water infrastructure improvements; 

14. $225,000 to the West Lawrence Water Co-Op of Mount 

Hope, Alabama for water system infrastructure improvements; 

15. $250,000 to Atalla, Alabama, for sewerage system improvements; 

16. $300,000 to the Town of Gordo, Alabama for sanitary sewer 

expansion project; 

17. $300,000 to the Guntersville, Alabama, Water and Sewer 

Board for the Sand Mountain water storage system project; 

18. $550,000 to the Waterworks Board for the Towns of Section 

and Dutton, Alabama for water system improvements; 

19. $350,000 to the Town of Berry, Alabama for construction 

of a wetlands treatment facility; 

20. $350,000 to the Chilton Water Authority in Chilton County, Alabama for water infrastructure improvements; 

21. $400,000 to Jackson County, Alabama for water system improvements; 

22. $400,000 to the West Lauderdale County Water and Fire 

Protection Authority, Alabama for construction of a water treatment plant; 

23. $475,000 to Franklin County, Alabama for water system infrastructure improvements; 

24. $500,000 to Hartselle Utilities for wastewater infrastructure improvements in the City of Hartselle, Alabama; 

25. $700,000 to Lawrence County, Alabama for construction of 

a wastewater treatment facility; 

26. $850,000 to the Upper Bear Creek Water Treatment Plant 

in Haleyville, Alabama, for water treatment plant improvement 

project; 

27. $875,000 to the CREMS (Carlisle, Rockledge, Egypt, 

Mountainboro, and Shady Grove) Water Authority, Alabama for 

water system infrastructure improvements; 

1133

28. $1,000,000 to the City of Florence, Alabama for the rehabilitation of the Canal/Jones Hollow Interceptor sewer lines; 29. $250,000 to be shared equally between the Brent Water 

and Sewer Board and the Centreville Water and Sewer Board in 

Bibb County, Alabama for water and wastewater infrastructure improvements; 30. $2,000,000 to the Tom Bevill Reservoir Management Area 

Authority for construction of a drinking water reservoir in Fayette 

County, Alabama; 31. $450,000 to the Southwest Alabama Regional Water supply 

District for regional water supply distribution in Thomasville, Alabama; 

32. $100,000 to the Town of Hodges, Alabama for the Hodges 

water improvement project; 33. $150,000 to the Town of Double Springs, Alabama for 

water system improvements; 34. $250,000 for Smith’s Sewer and Water Authority for sewer 

system expansion in Smith, Alabama; 35. $100,000 to the Water and Sewer Boards of the Cities of 

Brent and Centreville for court ordered repairs to the system to 

mitigate water pollution in Centreville, Alabama; 36. $250,000 to the City of Athens Utilities for commercial sewage extension in Athens, Alabama; 37. $100,000 to the Wilcox County Industrial Authority in 

Camden, Alabama for water and sewer infrastructure improvements in Wilcox County, Alabama; 38. $150,000 for the Cherokee County Commission for Weiss 

Lake Area system improvements in Centre, Alabama; 39. $2,000,000 for Anchorage, Alaska for water and sewer upgrades in West Anchorage; 40. $1,500,000 for Fairbanks, Alaska for water system upgrades; 41. $1,000,000 for North Pole, Alaska for water and sewer improvements; 

42. $985,000 for Palmer, Alaska for a water main; 

43. $768,000 for Sitka, Alaska for Japonski Island water supply improvements; 

44. $925,000 for Wasilla, Alaska for water and sewer improvements; 

45. $300,000 to the White Mountain Apache Tribe in Arizona 

to prepare a master plan for drinking water infrastructure on the 

Fort Apache Indian Reservation; 

46. $1,000,000 for the City of Scottsdale, Arizona for the 

Scottsdale Arsenic Removal Pilot Project; 

47. $602,000 for the City of Safford, Arizona, for wastewater 

treatment plant construction costs; 

48. $600,000 to the City of Avondale, Arizona for wastewater 

infrastructure improvements;

49. $750,000 to the Town of Huachuca, Arizona for the Effluent 

Recharge Project; 

50. $750,000 to the City of Tucson, Arizona for water security 

infrastructure improvements; 

51. $100,000 to the Baxter County Water Facilities Board, Arkansas for water and wastewater infrastructure improvements; 

1134

52. $125,000 to the City of Jonesboro, Arkansas for developing 

drainage plans; 53. $200,000 to the Faulkner County Public Utilities Board, 

Arkansas for wastewater infrastructure improvements for Lake 

Conway; 54. $300,000 to the Fort Chaffee Redevelopment Authority, Arkansas for water infrastructure improvements; 55. $650,000 for the Community Water System Public Water 

Authority of Arkansas in Lonoke and White Counties for the 

Greers Ferry drinking water project; 56. $650,000 for the City of Fayetteville, Arkansas for wastewater infrastructure improvements; 57. $100,000 to the City of Chino Hills, California for a needs 

assessment study for 39 improvements to the Los Serranos stormwater drainage system; 58. $110,000 to the City of East Palo Alto, California for the 

East Palo Alto Master Water Plan including water, wastewater and 

stormwater infrastructure improvements; 59. $475,000 to the City of Brisbane, California for water and 

wastewater infrastructure improvements; 60. $200,000 to the City of Colton, California for stormwater 

infrastructure improvements as part of the Comprehensive 3–5 

Storm Drain Plan; 

61. $200,000 to the Los Osos Community Services District, 

California for wastewater infrastructure improvements; 62. $200,000 to the City of Modesto, California for the Ninth 

Street Corridor Storm Drain project; 63. $200,000 to the City of Norwalk, California for the Norwalk 

Reservoir Project; 64. $200,000 to the City of Cudahy, California for wastewater 

infrastructure improvements; 65. $200,000 to the City of Bell, California for wastewater infrastructure improvements; 66. $200,000 to Marin County, California for the Tomales Bay 

Wastewater Treatment Facility; 

67. $250,000 to the City of Long Beach, California for stormwater infrastructure improvements; 

68. $450,000 to the City of Westminster, California for a water 

quality improvement pilot project; 

69. $250,000 to the City of Fort Bragg, California for wastewater infrastructure improvements; 

70. $250,000 for the City of Gardena, California for wastewater 

and stormwater infrastructure improvements; 

71. $500,000 to the City of Santa Ana, California for the West 

Pump Station Facility Upgrade project; 

72. $300,000 to the City of Murrieta, California for wastewater 

infrastructure improvements; 

73. $300,000 to the City of El Segundo, California for sanitary 

sewer overflow infrastructure improvements; 

74. $300,000 to the City of Santa Monica, California for water 

infrastructure improvements; 

75. $350,000 to the Monterey County Water Resource Agency 

in California for planning and design of the Salinas Valley Water 

Project; 

1135

76. $350,000 to the City of Roseville, California for water infrastructure improvements; 77. $350,000 to the City of Vallejo, California for infrastructure 

improvements for the Mare Island Sanitary Sewer and Storm 

Drain System; 78. $475,000 to the City of Huntington Beach, California for 

the Alabama Storm Drain project; 79. $400,000 to the Irvine Ranch Water District, California for 

the San Diego Creek Watershed Natural Treatment System; 80. $400,000 to the County of Ventura, California for implementation of the Calleguas Creek Watershed Management Plan; 81. $400,000 to the United Water Conservation District, California for the River Park Reclamation and Recharge Authority 

Groundwater Project; 82. $400,000 to the City of Redding, California for water and 

wastewater infrastructure improvements for the Stillwater Business Park; 

83. $400,000 to the City of Victorville, California for water and 

wastewater infrastructure improvements; 84. $400,000 to the City of Whittier, California for water and 

wastewater infrastructure improvements; 85. $400,000 to the City of Folsom, California for wastewater 

infrastructure improvements; 86. $400,000 to the City of Lodi, California for wastewater infrastructure improvements; 87. $500,000 to the City of Fresno, California for a water conveyance project; 88. $650,000 to Placer County, California for wastewater infrastructure improvements; 89. $750,000 to the San Diego Water Authority, California for 

a water desalination program; 90. $800,000 to the Olivenhain Municipal Water District in 

Encinitas, California for water infrastructure improvements; 91. $800,000 to the City of Sacramento, California for the Sacramento Combined Sewer System Improvement and Rehabilitation 

Project; 

92. $800,000 to the Castaic Lake Water Agency, California for 

wastewater infrastructure improvements; 

93. $1,100,000 to the Mojave Water Agency, California for the 

Mojave Desert Arsenic Demonstration project; 

94. $1,650,000 to the Cities of Arcadia and Sierra Madre, California for water infrastructure improvements; 

95. $1,000,000 for the Orange County Sanitation District, California for a wastewater treatment program; 

96. $500,000 to the Mission Springs, California Water District 

for water infrastructure improvements; 

97. $500,000 to the City of San Bernardino, California for the 

Lakes and Streams project; 

98. $1,000,000 for the Santa Clara Valley Water District, California for perchlorate groundwater clean-up; 

99. $500,000 for the City of Ukiah, California for wastewater 

infrastructure improvements; 

100. $500,000 for the West Valley Water District, California for 

the Inland Empire Perchlorate Force Wellhead Treatment; 

1136

101. $500,000 for Madera County, California for wastewater 

infrastructure improvements; 102. $200,000 for Ventura County, California for sewer infrastructure improvements; 103. $1,000,000 to the Town of Rico, Colorado for the construction of a wastewater treatment plant and sewer system; 104. $1,000,000 for the Brownsville Water District, Colorado 

for the construction of a sanitary sewer collection system and interceptor line; 105. $1,000,000 for the Englewood/Littleton Bi-City Wastewater Treatment Plant, Colorado for wastewater infrastructure improvements; 106. $200,000 to the Town of Prospect, Connecticut for water 

infrastructure improvements; 107. $550,000 for the Town of Southington, Connecticut for 

water infrastructure improvements; 108. $500,000 to the City of Stamford, Connecticut for 

stormwater management improvements for the restoration of the 

Mill River ecosystem; 109. $900,000 for the Town of East Hampton, Connecticut for 

water infrastructure improvements; 110. $500,000 for the City of New Britain, Connecticut for 

drinking water infrastructure improvements; 111. $1,100,000 for the City of Wilmington, Delaware for 

wastewater infrastructure improvements; 112. $400,000 to the Metropolitan Washington Council of Governments for its Regional Water System Security Enhancement 

Program; 113. $1,000,000 for the Solid Waste Authority of Palm Beach 

County, Florida for continued construction of the Tri-County Biosolids Pelletization Facility; 114. $1,000,000 for Key Biscayne, Florida for wastewater infrastructure improvements; 115. $175,000 to the City of Miami Gardens, Florida for drinking water, wastewater, stormwater and sewer infrastructure improvements; 

116. $200,000 to Citrus County, Florida for wastewater infrastructure improvements for the Homosassa and Chassahowitzka 

Water Collection System;

117. $200,000 to the City of Hollywood, Florida for water infrastructure improvements; 

118. $200,000 to Palm Beach County, Florida for improvements at the Lake Okeechobee Regional Water Treatment Plant; 

119. $200,000 to the Southwest Florida Management District 

for water and wastewater infrastructure improvements for Weeki 

Wachee Springs; 

120. $300,000 for the Northwest Florida Management District 

for the Escambia County Utility Authority Water Reclamation 

Project; 

121. $240,000 to the City of Marathon, Florida for water and 

wastewater infrastructure improvements for the Boot Key Municipal Harbor Development; 

122. $300,000 to Orange County, Florida for wastewater infrastructure improvements in Holden Heights; 

1137

123. $350,000 to the City of Tampa, Florida for the South 

Tampa Area Reclaimed Project; 124. $350,000 to St. Johns County, Florida for the Stormwater 

and Septic Tank Replacement Project; 125. $400,000 to Sarasota County, Florida for the Phillipi 

Creek Septic Tank Replacement Project; 126. $400,000 to the City of Key West, Florida for stormwater 

infrastructure improvements; 127. $400,000 to the City of Oakland Park, Florida for the 

Kimberly Lake Drainage Project; 128. $400,000 to the City of Riviera Beach, Florida for 

stormwater infrastructure improvements for Lake Worth Lagoon; 129. $400,000 to the Town of Orange Park, Florida for wastewater infrastructure improvements for the St. Johns River; 130. $650,000 to the County of Putnam, Florida for a Regional 

Water System project; 131. $800,000 to the City of Sweetwater, Florida for 

stormwater and wastewater infrastructure improvements; 132. $800,000 to the City of Homestead, Florida for water and 

wastewater infrastructure improvements; 133. $800,000 to the Southwest Florida Water Management 

District for the Upper Peace River Watershed Restoration Initiative; 

134. $2,000,000 for St. Johns Rivers Water Management District, Florida to integrate alternative water supplies in east-central 

Florida to reduce the regional water supply deficit; 135. $450,000 for St. Johns Rivers Water Management District, Florida for the Northeast Florida Integrated Water Resources 

Project; 136. $10,000,000 to the Southwest Florida Water Management 

District for continuation of the Tampa Bay Reservoir Project; 137. $110,000 to the City of Helena, Georgia for water and 

wastewater infrastructure improvements; 138. $350,000 to the Liberty County Development Authority, 

Georgia for water and wastewater infrastructure improvements for 

the Liberty County Coastal Megapark; 

139. $400,000 to the City of Roswell, Georgia for the Big Creek 

Watershed Project; 

140. $1,250,000 for the City of Forsyth, Georgia for wastewater 

infrastructure improvements; 

141. $700,000 to the City of Atlanta, Georgia for the West Area 

Combined Sewer project; 

142. $600,000 to Gwinnett County, Georgia for water and 

wastewater infrastructure improvements for the Liberty Heights 

revitalization project; 

143. $1,100,000 for the Metropolitan North Georgia Water 

Planning District for water and wastewater infrastructure improvement projects; 

144. $1,000,000 to the Metropolitan North Georgia Water Planning District for water and wastewater infrastructure improvements for the City of Atlanta Nancy Creek project; 

145. $2,250,000 for Columbus Water Works, Columbus, Georgia for its Biosolids Flow-Through Thermophilic Treatment Demonstration Project; 

1138

146. $350,000 to Meriweather County, Georgia for water infrastructure improvements; 

147. $300,000 to the Guam Waterworks Authority for water 

and wastewater infrastructure improvements; 

148. $1,000,000 for Oahu County and Kauai County, Hawaii 

for water infrastructure improvements; 

149. $400,000 to the City of Middleton, Idaho for its water and 

sewer utility extension and regional lift station project; 

150. $500,000 to the City of McCammon, Idaho for wastewater 

system improvements; 

151. $900,000 to the City of Jerome, Idaho for extension of 

sewer lines; 

152. $2,000,000 for Shoshone County, Idaho, for Burke Canyon 

Water and Sewer Improvements; 

153. $500,000 for the City of Burley, Idaho, for construction on 

its Wastewater Treatment System Project; 

154. $100,000 to the Village of Carbon Hill, Illinois for water 

infrastructure improvements; 

155. $125,000 to the Village of Romeoville, Illinois for 

stormwater infrastructure improvements; 

156. $200,000 to the Village of Lisbon, Illinois for wastewater 

infrastructure improvements; 

157. $200,000 to the Town of Cortland, Illinois for construction 

of an elevated water storage tower; 

158. $200,000 to the Village of Burlington, Illinois for wastewater infrastructure improvements; 

159. $200,000 to the City of Genoa, Illinois for wastewater infrastructure improvements; 

160. $250,000 for the Village of Oreana, Illinois for water and 

wastewater infrastructure improvements; 

161. $300,000 to the City of Shelbyville, Illinois for wastewater 

infrastructure improvements; 

162. $300,000 to the City of Breese, Illinois for water infrastructure improvements; 

163. $325,000 to the Village of Downs, Illinois for wastewater 

infrastructure improvements; 

164. $350,000 for the City of Delavan, Illinois for the construction of new water service lines and storage tanks; 

165. $350,000 for the City of Springfield, Illinois for the replacement of the First Street Sanitary Sewer and stormwater management for Memorial Medical Center; 

166. $350,000 to the Lake County Stormwater Management 

Committee, Illinois for stormwater detention, infrastructure, modeling, design and management activities in the Upper Des Plaines 

River watershed; 

167. $500,000 for Lake County, Illinois for water and wastewater infrastructure improvements; 

168. $350,000 to the Village of Johnsburg, Illinois for wastewater infrastructure improvements; 

169. $400,000 to the Village of LaGrange Park, Illinois for a 

water main replacement project; 

170. $401,500 for the Village of Washington, Illinois for improvements to the School Street Sewer Interceptor; 

1139

171. $500,000 for the City of Virginia, Illinois for the construction of a water treatment facility; 

172. $500,000 for the City of Lincoln, Illinois for upgrades for 

its wastewater treatment plant; 

173. $500,000 for the Village of Armington, Illinois for the construction of a sanitary sewer project; 

174. $500,000 for the City of Forsyth, Illinois for construction 

of a new water treatment plant; 

175. $500,000 to the Village of Port Barrington, Illinois for 

wastewater infrastructure improvements; 

176. $648,500 for the City of Peoria, Illinois for the installation 

of sanitary sewer infrastructure in Growth cells 2 and 3; 

177. $500,000 for Galesburg Sanitary District, Illinois for 

wastewater infrastructure improvements; 

178. $500,000 for the Village of Franklin Park, Illinois for 

water and wastewater infrastructure improvements; 

179. $500,000 for the City of Galena, Illinois to expand and improve wastewater facilities; 

180. $200,000 for the City of Wilmington, Illinois for wastewater infrastructure improvements; 

181. $900,000 to the City of Martinsville, Indiana for water 

supply, water storage, and other water infrastructure improvements; 

182. $200,000 to the City of Jeffersonville, Indiana for wastewater infrastructure improvements; 

183. $200,000 to the City of Richmond, Indiana for wastewater 

and stormwater infrastructure improvements; 

184. $250,000 to be divided equally between Vanderburgh 

County and the City of Evansville, Indiana for Pigeon Creek wastewater system improvements;

185. $400,000 to the City of Carmel, Indiana for water and 

wastewater infrastructure improvements; 

186. $1,200,000 to the City of Fort Wayne, Indiana for the 

Camp Scott Program for water and wastewater infrastructure improvements; 

187. $750,000 to Rensselaer, Indiana for wastewater infrastructure improvements; 

188. $200,000 for the Delaware County Commissioners, Eaton, 

Indiana for water system improvements; 

189. $200,000 for the City of Elwood, Indiana for sewer infrastructure improvements; 

190. $1,700,000 for the City of Sioux City, Iowa for improvements at the Sioux City Regional Wastewater Treatment Facility; 

191. $200,000 to the City of Postville, Iowa for wastewater infrastructure improvements; 

192. $2,500,000 for the City of Ottumwa, Iowa for the separation of combined sewers; 

193. $600,000 for the Mason City Water Treatment Plant in 

Mason City, Iowa for water infrastructure improvements; 

194. $200,000 for the City of Carroll, Iowa for wastewater infrastructure improvements; 

195. $2,000,000 for the City of Hutchinson, Kansas for groundwater remediation; 

1140

196. $1,250,000 for the City of Roeland Park, Kansas for 

stormwater infrastructure improvements; 197. $450,000 to the City of Newton, Kansas for wastewater infrastructure improvements; 198. $500,000 to the City of Frankfort, Kentucky for the 

Schenkel Lane Sewer Replacement project; 199. $200,000 to Grant County, Kentucky for the Grant County/Bullock Pen Waterline Extension project; 200. $200,000 to the City of Wickliffe, Kentucky for wastewater 

infrastructure improvements; 201. $500,000 to the Boyle County Fiscal Court, Kentucky for 

wastewater infrastructure improvements; 202. $350,000 to the City of Whitesburg, Kentucky for wastewater infrastructure improvements; 203. $480,000 to the City of Mt. Vernon, Kentucky for wastewater infrastructure improvements; 204. $800,000 to Martin County, Kentucky for wastewater infrastructure improvements and extension of wastewater lines; 205. $1,000,000 for the Louisville/Jefferson County Metropolitan Sewer District, Kentucky to construct a wet weather storage 

basin to control sewer overflows; 

206. $500,000 to the South Woodford Water District in 

Woodford County, Kentucky, for the South Woodford Water District 

System Improvement Project; 207. $500,000 to the Hardin County Water District No. 2 in 

Hardin County, Kentucky, for the Elizabethtown Loop Project; 208. $2,000,000 to the Intermodal Transportation Authority in 

Bowling Green, Kentucky, for Kentucky TriModal Transpark Water 

and Sewer Improvements; 209. $1,000,000 for Sanitation District Number One in Kentucky for water infrastructure improvements; 210. $700,000 for the Ohio County Regional Wastewater District, Kentucky for wastewater infrastructure improvements; 211. $300,000 for the State of Kentucky for water infrastructure improvements in Union County; 

212. $200,000 to the City of Denham Springs, Louisiana for 

wastewater infrastructure improvements; 

213. $300,000 to the Military Department of Louisiana for 

wastewater infrastructure improvements at the Gillis W. Long 

Center in St. Gabriel, Louisiana; 

214. $400,000 to the City of New Orleans, Louisiana for wastewater infrastructure improvements; 

215. $800,000 to the City of Shreveport, Louisiana for the installation of backflow preventers within the water distribution system; 

216. $800,000 to the South Central Planning and Development 

Commission, Louisiana for water and wastewater infrastructure 

improvements; 

217. $1,000,000 for the City of Baton Rouge, Louisiana for 

water infrastructure improvements; 

218. $750,000 for the City of Monroe, Louisiana for wastewater 

infrastructure improvements; 

219. $750,000 for the Town of Gramercy, Louisiana for drinking water infrastructure improvements; 

1141

220. $700,000 for the City of St. Martinville, Louisiana for 

wastewater infrastructure improvements; 221. $500,000 for the City of Gardiner, Maine for sewer infrastructure improvements; 222. $250,000 for the Town of Machias, Maine for wastewater 

infrastructure improvements; 223. $250,000 for Indian Township, Maine for improvements to 

wastewater facilities; 

224. $300,000 to the Sanford Sewer District, Maine for wastewater infrastructure improvements; 225. $1,000,000 for the Town of Westernport, Maryland for 

sewer infrastructure improvements; 226. $500,000 for Chestertown, Maryland for water infrastructure improvements; 227. $500,000 for the Town of Delmar, Maryland for water infrastructure improvements; 228. $500,000 to the City of Crisfield, Maryland for water infrastructure improvements and construction of biological nutrient 

removal facilities; 

229. $500,000 for the Town of Hurlock, Maryland for water infrastructure improvements; 230. $500,000 for nutrient control at wastewater treatment 

plants on the Pocomoke River in Maryland; 231. $1,000,000 for Harford County, Maryland for the Oaklyn 

Manor Project; 232. $500,000 for the Maryland Department of Natural Resources for water quality restoration projects on the Stoney Run 

and Dorsey Run in Howard and Anne Arundel Counties, Maryland; 233. $200,000 to the Town of Elkton, Maryland for construction of biological nutrient removal facilities; 234. $350,000 to the City of Cambridge, Maryland for combined sewer overflow infrastructure improvements; 235. $400,000 to the Washington Suburban Sanitary Commission for wastewater disinfection system upgrades for Montgomery 

and Prince George’s Counties, Maryland; 

236. $200,000 to the Boston Groundwater Trust of Massachusetts for its groundwater initiative; 

237. $450,000 to the City of Brockton, Massachusetts for 

wastewater infrastructure improvements at the Brockton Wastewater Treatment Facility; 

238. $200,000 for wastewater infrastructure improvement 

projects in Essex County, Massachusetts; 

239. $250,000 to the City of Lowell, Massachusetts for combined sewer overflow infrastructure improvements; 

240. $1,100,000 for the Cities of New Bedford and Fall River, 

Massachusetts for combined sewer overflow mitigation in Bristol 

County; 

241. $500,000 to the Pioneer Valley Planning Commission for 

sewage pollution control projects along the Connecticut River in 

Massachusetts and Connecticut; 

242. $200,000 to the Saginaw Chippewa Tribe of Michigan for 

the Saginaw Chippewa Water Main Extension Project; 

243. $1,000,000 for the Huron Regional Water Authority in 

Michigan for water infrastructure improvements; 

1142

244. $250,000 to the Grand Traverse County Board of Public 

Works, Water and Sewer Committee, Michigan for wastewater infrastructure improvements; 245. $300,000 to the City of Negaunee, Michigan for wastewater infrastructure improvements; 246. $725,000 for Genesee County Drain Commission, Michigan for the North-East Relief Sewer and Kearsley Creek Interceptor project; 247. $400,000 to the City of Detroit, Michigan for wastewater 

infrastructure improvements at the Belle Isle Sewerage Pumping 

Station and Combined Sewer Overflow Facility; 248. $750,000 to the City of Grand Rapids, Michigan for combined sewer overflow infrastructure improvements; 249. $1,000,000 to Wayne County, Michigan for continuation of 

the Rouge River National Wet Weather Demonstration Project; 250. $1,375,000 for the Oakland County Drain Commission to 

address sanitary sewer overflows in Evergreen Farmington, Michigan; 251. $1,000,000 for the City of Benton Harbor, Michigan for 

water infrastructure improvements; 252. $400,000 for Crystal Falls Township, Michigan for water 

infrastructure improvements; 253. $1,000,000 for the City of Saginaw, Michigan for sewer infrastructure improvements; 254. $1,050,000 to the Mille Lacs Band of Ojibwe located on 

the Mille Lacs Indian Reservation, as established in the Treaty of 

1855, 10 Stat. 1165 for construction of the Mille Lacs Regional 

Wastewater Treatment Facility in Minnesota; 255. $500,000 for the City of Moorhead, Minnesota for water 

infrastructure improvements; 256. $300,000 to the City of Roseau, Minnesota for water and 

wastewater infrastructure improvements; 257. $750,000 to the City of Minneapolis, Minnesota for combined sewer overflow infrastructure improvements; 

258. $450,000 for the City of Pascagoula, Mississippi for 

stormwater and wastewater infrastructure improvements; 

259. $1,000,000 for the City of Forest, Mississippi for water infrastructure improvements; 

260. $200,000 for the City of Gulfport, Mississippi for wastewater infrastructure improvements; 

261. $1,000,000 for the West Rankin Metropolitan Water and 

Sewer Authority, Rankin County, Mississippi for water infrastructure improvements; 

262. $500,000 for Tchula, Mississippi for wastewater infrastructure improvements; 

263. $500,000 for the City of Meridian, Mississippi for wastewater infrastructure improvements; 

264. $500,000 for the City of Jackson, Mississippi for wastewater system improvements; 

265. $400,000 to Franklin County, Mississippi for water and 

wastewater infrastructure improvements for the Okissa Lake Community development; 

266. $620,000 to the Town of Farmington, Mississippi for 

wastewater infrastructure improvements; 

1143

267. $1,500,000 for Joplin, Missouri for the Shoal Creek Pretreatment facility and Silver Creek parallel relief; 

268. $1,000,000 for Joplin, Missouri for the Jasper County 

Crossroads Relief Sewer No. 1 Phase Two; 

269. $1,000,000 for the City of St. Joseph, Missouri for sewer 

infrastructure improvements; 

270. $750,000 for Monroe City, Missouri for water main replacement and water line extension; 

271. $1,000,000 for the Cities of Peculiar and Raymore, Missouri for the Cass County Watershed Expansion Project; 

272. $700,000 for the City of Pacific, Missouri for water and 

sewer infrastructure improvements; 

273. $750,000 for Northwest Missouri Regional Council of Governments for regional drinking water projects; 

274. $750,000 for the City of Lebanon, Missouri for sewer infrastructure improvements; 

275. $400,000 for Wright City, Missouri for the construction of 

an elevated water storage tank; 

276. $150,000 for Steelville, Missouri for completion of its 

water service project, well and water storage tank; 

277. $500,000 to the City of St. Louis Department of Public 

Utilities Water Division for the Columbia Bottoms Wellfield Development Project in St. Louis, Missouri; 

278. $175,000 to the City of Belton, Missouri for stormwater 

and wastewater infrastructure improvements; 

279. $300,000 to the Duckett Creek Sanitary District for the 

design, permitting and construction of wastewater treatment facilities, sanitary sewers, and other related work as necessary to document the impact of these facilities in St. Charles County, Missouri; 

280. $350,000 to the City of Springfield, Missouri for feasibility 

studies, preliminary and final designs and for stormwater infrastructure improvements for the Upper James River; 

281. $300,000 for the City of Helena, Montana for Phase 1 of 

Helena’s Missouri River Water Treatment Plant reconstruction; 

282. $1,000,000 for the Missouri River Water Project, Helena, 

Montana for a water treatment project; 

283. $600,000 for the City of Kalispell, Montana for water 

treatment improvements; 

284. $500,000 for the City of Missoula, Montana for the Rattlesnake Water Project; 

285. $350,000 for the City of Red Lodge, Montana for a water 

treatment facility; 

286. $350,000 for the City of Manhattan, Montana for a water 

treatment facility; 

287. $300,000 for the City of Wisdom, Montana for water infrastructure improvements; 

288. $400,000 for the City of Hamilton, Montana for water infrastructure improvements; 

289. $1,275,000 to the City of Omaha, Nebraska for wastewater infrastructure improvements and combined sewer overflow 

separation systems; 

290. $375,000 for the City of Lincoln, Nebraska for the construction of combined sewer separation systems; 

1144

291. $400,000 to the City of South Sioux City, Nebraska for the 

Bi-State Missouri River Sewer Crossing project between Nebraska 

and Iowa; 

292. $175,000 to the City of Henderson, Nevada for water and 

wastewater infrastructure improvements; 

293. $100,000 for the Town of Hawthorne, Nevada for sewer 

infrastructure improvements; 

294. $1,600,000 for the Virgin Valley Water District, Nevada 

for drinking water infrastructure improvements; 

295. $1,000,000 for Washoe County, Nevada for the North 

Lemmon Valley Artificial Recharge Project; 

296. $600,000 for Clark County, Nevada for water infrastructure improvements; 

297. $500,000 for the City of Berlin, New Hampshire, for the 

Berlin Waterworks water distribution system improvements; 

298. $500,000 for the Town of Colebrook, New Hampshire for 

drinking water infrastructure improvements; 

299. $300,000 for the Town of Rollingsford, New Hampshire for 

wastewater treatment improvements; 

300. $350,000 for the Town of Jaffrey, New Hampshire for 

wastewater treatment improvements; 

301. $900,000 for the City of Nashua, New Hampshire for 

drinking water and combined sewer overflow infrastructure improvements; 

302. $500,000 for the City of Manchester, New Hampshire for 

the Phase 1 Combined Sewer Overflow Abatement project; 

303. $350,000 for the City of Rochester Waterworks, New 

Hampshire for the extension of Rochester, New Hampshire sewer 

line; 

304. $400,000 to the State of New Jersey, New Jersey 

Meadowlands Commission for wetlands restoration; 

305. $500,000 to the Passaic Valley Sewerage Commission in 

New Jersey for its combined sewage overflow reduction program 

and the Passaic River/Newark Bay Restoration program; 

306. $800,000 to the Township of Jefferson, New Jersey for 

wastewater infrastructure improvements to help protect water 

quality of Lake Hopatcong; 

307. $1,000,000 for the City of Camden, New Jersey for the 

Von Neida Park Wastewater Management project; 

308. $700,000 for Rockland County in New York, for the Western Ramapo Sewer Extension project; 

309. $300,000 for the City of Gallup, New Mexico for wastewater infrastructure improvements; 

310. $2,000,000 for the Valley Utilities Project in the City of 

Albuquerque and Bemalillo County, New Mexico; 

311. $1,000,000 for the City of Espan ̃ ola, New Mexico, for 

water and wastewater system improvements; 

312. $1,000,000 for the City of Los Lunas, New Mexico, for the 

interceptor sewer line project; 

313. $125,000 to the Dona Ana Mutual Domestic Water Consumers Association for wastewater management and treatment infrastructure improvements in northern Dona Ana County, New 

Mexico; 

1145

314. $300,000 to the City of Elephant Butte, New Mexico for 

wastewater infrastructure improvements in North Sierra County; 

315. $600,000 to Bernalillo County, New Mexico for water and 

wastewater infrastructure improvements for South and North Valley; 

316. $250,000 for the City of Oswego, New York for water infrastructure improvements; 

317. $250,000 for the City of Corning, New York for a reservoir 

project; 

318. $113,000 to the Village of Pelham, New York for sanitary 

sewer and storm water infrastructure improvement project; 

319. $125,000 to the Town of Chester, New York for water infrastructure improvements;

320. $200,000 to the Town of Sennett, New York for water infrastructure improvements; 

321. $200,000 to the Town of Bethel, New York for wastewater 

infrastructure improvements; 

322. $200,000 to the Village of Endicott, New York for wastewater infrastructure improvements; 

323. $200,000 to the Town of Babylon, New York for wastewater infrastructure improvements; 

324. $250,000 to the Town of Grand Island, New York for 

wastewater and combined sewer overflow infrastructure improvements; 

325. $325,000 to Fulton County, New York for water and 

wastewater infrastructure improvements; 

326. $400,000 for the Town of North Hempstead, New York for 

stormwater management infrastructure improvements; 

327. $400,000 to the County of Rockland, New York for the 

Western Ramapo Sewer Extension and Water Reuse project; 

328. $400,000 to the City of Dunkirk, New York for wastewater 

infrastructure improvements; 

329. $400,000 to the City of Hamburg, New York for wastewater infrastructure improvements; 

330. $400,000 to the Town of Greece, New York for sanitary 

sewer overflow infrastructure improvements; 

331. $1,500,000 to the Cayuga County Water and Sewer Authority for wastewater infrastructure improvements for the Village 

of Fair Haven, New York; 

332. $250,000 to the Rivers and Estuaries Center on the Hudson in New York for facilities construction; 

333. $230,000 to the Wayne County Water and Sewer Authority for sanitary sewer overflow improvements for the Town of Palmyra, New York; 

334. $200,000 to Onondaga County, New York for sewage 

treatment plant improvements for the Village of Jordan; 

335. $2,000,000 to the Saratoga Water Committee in Saratoga 

County, New York for construction of a drinking water transport 

pipeline; 

336. $1,400,000 for the Village of Lake Placid, New York for 

water and wastewater infrastructure improvements; 

337. $500,000 to the Town of North Castle, New York for water 

infrastructure improvements for the Quarry Heights District; 

1146

338. $600,000 to the Wayne County Water and Sewer Authority for construction of a waterline in the Towns of Sodus and 

Huron, New York; 

339. $3,000,000 to the City of Syracuse, New York for Westcott 

Reservoir for drinking water infrastructure improvements; 340. $5,000,000 for drinking water infrastructure needs in the 

New York City Watershed; 341. $5,000,000 for water quality infrastructure improvements 

for Long Island Sound, New York; 342. $12,300,000 for continued clean water improvements for 

Onondaga Lake, New York; 343. $110,000 to the Town of Erwin, North Carolina to enhance its water and wastewater infrastructure through the renovation and repair of treatment facilities at the former Swift Denim 

textile plant; 344. $200,000 to the City of Shelby, North Carolina for wastewater infrastructure improvements; 345. $1,000,000 for the Neuse Regional Water and Sewer Authority for water infrastructure improvements for Lenoir County, 

North Carolina; 

346. $400,000 to the City of Creedmoor, North Carolina for 

water quality and infrastructure improvements for Lake Rogers; 347. $200,000 to the Town of Bryson City, North Carolina for 

wastewater infrastructure improvements; 348. $250,000 to the Town of Hillsborough, North Carolina for 

wastewater system maintenance and upgrades; 349. $550,000 to the City of Durham, North Carolina for water 

security improvements; 350. $250,000 to the City of Cherryville, North Carolina for 

renovation of the Sunbeam Industrial Park Water Tank and Water 

Line; 

351. $250,000 to Hoke County, North Carolina for water and 

wastewater infrastructure improvements; 352. $150,000 to the City of Belmont, North Carolina for 

wastewater infrastructure improvements; 

353. $75,000 to the City of Bessemer City, North Carolina for 

water and wastewater infrastructure improvements; 

354. $75,000 to the City of Stanley, North Carolina for water 

and wastewater infrastructure improvements; 

355. $400,000 to the City of Marion, North Carolina for water 

and wastewater infrastructure improvements; 

356. $750,000 to the Town of Holly Springs, North Carolina for 

water and wastewater infrastructure improvements according to 

the Master Water Reuse Plan; 

357. $150,000 to Richmond County, North Carolina for water 

and wastewater infrastructure improvements 

358. $550,000 for the City of Devils Lake, North Dakota for 

water infrastructure improvements; 

359. $900,000 for the City of Grafton, North Dakota for the 

Grafton Water Treatment Plant; 

360. $200,000 for the City of Park River, North Dakota for 

water infrastructure improvements; 

361. $550,000 for the City of Riverdale, North Dakota for the 

Riverdale Regional Water Treatment Facility; 

1147

362. $300,000 for Dickey Rural Water Users Association in 

Southeast, North Dakota for the Southeast Regional Expansion 

Project; 363. $300,000 to the Village of Haskins, Ohio for wastewater 

infrastructure improvements; 364. $350,000 to the Village of New Riegel, Ohio for wastewater infrastructure improvements; 365. $350,000 to the City of Gallon, Ohio for the Galion BioSolids Handling Replacement Project; 366. $400,000 to the Northeast Ohio Regional Sewer District 

for the Doan Brook Pollution Abatement Project; 367. $700,000 to the City of Ashland, Ohio for water infrastructure improvements; 368. $500,000 for the Village of Somerset, Perry County, Ohio 

to rehabilitate its existing water treatment plant; 369. $500,000 to the City of Kirtland, Ohio for water and 

wastewater infrastructure improvements; 370. $600,000 to the City of Vermilion, Ohio for wastewater infrastructure improvements and sanitary sewer rehabilitations; 371. $1,650,000 to Guernsey County, Ohio for a water line extension project in Eastern Guernsey County; 372. $800,000 for Springfield, Ohio for the establishment of 

water and sewer infrastructure in preparation for and economic development project; 373. $800,000 to the Metropolitan Sewer District of Greater 

Cincinnati, Ohio for sanitary sewer overflow infrastructure improvements; 374. $1,750,000 for the City of Delphos, Ohio to construct a 

reservoir, surface water treatment plant, associated piping; 375. $900,000 to the City of Urbana, Ohio for construction of 

a new well field; 

376. $1,000,000 to the City of Toledo, Ohio for wet weather 

flow and wastewater infrastructure improvements; 377. $1,200,000 to the City of Amherst, Ohio for wastewater 

treatment plant improvements; 

378. $1,200,000 to the City of Port Clinton, Ohio for wastewater treatment plant improvements; 

379. $2,000,000 for Shawnee Hills subdivision of Greene County, Ohio for a central sewer system; 

380. $300,000 to the Village of Millersburg, Ohio to upgrade 

the Millersburg Wastewater Treatment Plant; 

381. $900,000 to the City of Van Wert, Ohio to increase the 

size of the drinking water reservoir; 

382. $500,000 to Fulton County, Ohio to prevent landfill leachate flows into surface water by improving the cap and leachate collection system at the Fulton County Landfill; 

383. $200,000 to the City of Midwest City, Oklahoma for water 

infrastructure improvements; 

384. $200,000 to the City of Norman, Oklahoma for wastewater 

infrastructure improvements; 

385. $200,000 to the City of Seminole, Oklahoma for water and 

wastewater infrastructure improvements; 

386. $325,000 to the Town of Arcadia, Oklahoma for water supply and wastewater handling systems upgrades;

1148

387. $325,000 to the City of Choctaw, Oklahoma for wastewater infrastructure improvements; 

388. $1,500,000 for the City of Lawton, Oklahoma for the 

Southwest Water Treatment Plant; 

389. $950,000 for the City of Warrenton, Oregon for wastewater infrastructure improvements; 

390. $500,000 for the City of Irrigon, Oregon for water infrastructure improvements; 

391. $200,000 to the City of Wilsonville, Oregon for the installation of a rain and stormwater management system for the 

Villebois project; 

392. $200,000 to Tillamook County, Oregon for wastewater infrastructure improvements including construction of an animal 

waste composting facility; 

393. $100,000 for the City of Albany, Oregon for the AlbanyMillersburg Joint Water Project; 

394. $250,000 to the Odell Sanitary District, Oregon for wastewater infrastructure improvements; 

395. $900,000 for the City of Portland, Oregon for its wet 

weather demonstration project; 

396. $125,000 to Paint Borough, Pennsylvania for stormwater 

and sanitary sewer infrastructure improvements; 

397. $200,000 to Cheltenham Township, Pennsylvania for 

water and wastewater infrastructure improvements; 

398. $200,000 to Downingtown Borough, Pennsylvania for 

wastewater infrastructure improvements; 

399. $450,000 to Lycoming County, Pennsylvania for water infrastructure improvements for the Jersey Shore Borough; 

400. $200,000 to the Borough of Avondale, Pennsylvania for 

wastewater infrastructure improvements; 

401. $100,000 to Springettsbury Township, Pennsylvania for a 

Biosolids Treatment Facility Replacement project; 

402. $250,000 to the York City Sewer Authority, Pennsylvania 

for infiltration and inflow removal infrastructure improvements; 

403. $200,000 to the Matamoras Municipal Authority of the 

Borough of Matamoras, Pike County, Pennsylvania for water infrastructure improvements; 

404. $250,000 to the Somerset County Redevelopment Authority, Pennsylvania for water and wastewater infrastructure improvements for development of the Windber Business Park; 

405. $275,000 for Forward Township, Pennsylvania for the 

Gallatin-Sunnyside Area Sewer Project; 

406. $300,000 to the City of Harrisburg, Pennsylvania for the 

Mish Run Sewer Improvement Project; 

407. $300,000 to the Hanover Township Sewage Authority, 

Pennsylvania for extension of sewer lines for Starpoint Business 

and Industrial Park; 

408. $625,000 to the City of Lancaster, Pennsylvania for water 

infrastructure improvements; 

409. $400,000 to the City of Philadelphia, Pennsylvania Water 

Department for the planning, design, and construction of 

stormwater management solutions; 

1149

410. $400,000 for the Wyoming Valley Sanitation Authority, 

Pennsylvania for combined sewer overflow infrastructure improvements; 

411. $400,000 to the Kulpmont-Marion Heights Joint Municipal Authority, Northumberland County, Pennsylvania for wastewater infrastructure improvements; 

412. $600,000 to the Borough of Coudersport, Pennsylvania for 

water and wastewater infrastructure improvements; 

413. $3,200,000 for the Three Rivers Wet Weather Demonstration program to develop innovative, cost-effective solutions to assist 

municipalities to eliminate sewer overflows in Allegheny County, 

Pennsylvania; 

414. $750,000 to the Cambria Somerset Authority for the 

Quemahoning Reservoir water supply project to provide water to 

communities in Somerset and Cambria Counties, Pennsylvania; 

415. $250,000 to the Summit Township Sewer Authority for a 

public sanitary sewer system extension in Erie County, Pennsylvania; 

416. $250,000 to Tuscarora Township for East Waterford sanitary sewer system upgrades in Juniata County, Pennsylvania; 

417. $200,000 to Newport Borough Water Authority for a river 

filtration system and distribution line replacement in Perry County, Pennsylvania; 

418. $350,000 for the Municipality of Penn Hills, Pennsylvania 

for sewer infrastructure improvements; 

419. $150,000 for the Mid-Cameron Authority for wastewater 

treatment plant upgrades in Emporium Borough and Shippen 

Township, Pennsylvania; 

420. $150,000 for Laporte Borough for the waterline replacement project in Sullivan County, Pennsylvania; 

421. $200,000 for Granville Township for wastewater transfer 

station improvements in Mifflin County, Pennsylvania; 

422. $150,000 for Mercer County Regional Council of Governments for the Shenango Valley Joint Sewer/Water Infrastructure 

Project in Mercer County, Pennsylvania; 

423. $1,650,000 to the Municipality of Barceloneta, Puerto Rico 

for water infrastructure improvements in the Palenque and 

Garrochales communities; 

424. $175,000 to the Town of Lincoln, Rhode Island for water 

and wastewater infrastructure improvements; 

425. $175,000 to the Town of North Providence, Rhode Island 

for wastewater and stormwater infrastructure improvements; 

426. $1,450,000 for the Narragansett Bay Commission of 

Rhode Island for combined sewer overflow infrastructure improvements; 

427. $500,000 for the Pascoag Utility District, Rhode Island for 

water infrastructure improvements; 

428. $440,000 for the City of Providence, Rhode Island for 

water infrastructure improvements; 

429. $500,000 for the Town of Jamestown, Rhode Island for 

water infrastructure improvements; 

430. $500,000 for the Pawtucket Water Supply Board, Rhode 

Island for the renovation of Central Falls Pipe; 

1150

431. $100,000 for the Prudence Island Water Utility, Rhode Island for water infrastructure improvements; 

432. $850,000 for East Providence, Rhode Island for water infrastructure improvements; 

433. $175,000 to the City of Greenville, South Carolina for 

water and wastewater infrastructure improvements; 

434. $250,000 to the Town of Estill, South Carolina for water 

infrastructure improvements; 

435. $300,000 to Calhoun County, South Carolina for water infrastructure improvements for the Fort Motte Water System; 

436. $300,000 to the Alligator Rural Water Company for water 

infrastructure improvements in Chesterfield County, South Carolina; 

437. $1,400,000 for the Charleston Commissioners of Public 

Works, South Carolina for wastewater infrastructure improvements; 

438. $400,000 to the Myrtle Beach Downtown Redevelopment 

Corporation, South Carolina for stormwater infrastructure improvements according to the Pavilion Area Master Plan; 

439. $250,000 to Kershaw County, South Carolina for water 

and wastewater infrastructure development for an industrial park; 

440. $1,200,000 for the Town of Ravenel, South Carolina for 

construction of a main sewer transmission line along U.S. Hwy 17; 

441. $1,000,000 for the City of Corsica, South Dakota for water 

infrastructure improvements; 

442. $1,000,000 for the City of Lennox, South Dakota for water 

infrastructure improvements; 

443. $200,000 for the City of Sisseton, South Dakota for water 

infrastructure improvements; 

444. $1,000,000 for the City of Hartford, South Dakota for 

drinking water infrastructure improvements; 

445. $100,000 for the City of DeSmet, South Dakota for water 

infrastructure improvements; 

446. $250,000 to Meigs County, Tennessee for extension of 

water lines; 

447. $500,000 to the City of Decatur, Tennessee for water infrastructure improvements; 

448. $600,000 for the City of Jackson, Tennessee for the Sandy 

Creek Sanitary Sewer Overflow Project; 

449. $300,000 to the City of Tesculum, Tennessee for wastewater infrastructure improvements; 

450. $1,400,000 for the City of Newport, Tennessee for the 

Newport Utility District to expand drinking water services and improve wastewater treatment; 

451. $200,000 to Harris County, Texas Precinct 2 for water 

quality planning and design to provide water and wastewater infrastructure improvements; 

452. $200,000 to the El Paso Water Utilities, Texas for water 

infrastructure improvements;

453. $2,150,000 to the City of Austin, Texas for sanitary sewer 

overflow mitigation and infrastructure improvements; 

454. $1,300,000 San Antonio Water Systems, San Antonio, 

Texas for Brooks City-Base water infrastructure improvements; 

1151

455. $350,000 to the City of Leonard, Texas for wastewater infrastructure improvements; 

456. $400,000 to the Texas Water Development Board for the 

Texas Water Desalination Initiative in Freeport, Texas; 

457. $400,000 to the City of Waco, Texas for the WacoMcLennan County Regional Water project; 

458. $500,000 to the Brazos River Authority for water infrastructure improvements in West Fort Bend County, Texas; 

459. $200,000 to the City of Goldthwaite, Texas for drinking 

water needs; 

460. $600,000 for Daggett County, Utah for the Dutch John 

Water and Wastewater Infrastructure Improvements; 

461. $500,000 for the City of Riverton, Utah for water infrastructure improvements; 

462. $650,000 for Iron County, Utah for wastewater infrastructure improvements; 

463. $250,000 for the Jordan Valley Water Conservancy District, Utah for a groundwater extraction and treatment remedial 

project; 

464. $900,000 for Park City, Utah for water infrastructure improvements associated with the Spiro and Judge Water Tunnels; 

465. $675,000 for Sandy City, Utah for water and stormwater 

infrastructure improvements; 

466. $500,000 for the City of Orem, Utah for water infrastructure improvements; 

467. $1,000,000 for the Town of Waitsfield, Vermont for water 

and wastewater infrastructure improvements; 

468. $1,500,000 for the Champlain Water District, Vermont, 

for Chittenden County stormwater infrastructure improvements; 

469. $125,000 for the Phoebe Needles System in Franklin 

County Virginia for a secondary sewage treatment system; 

470. $150,000 to the Town of Chatham, Virginia for water and 

wastewater infrastructure improvements; 

471. $250,000 for the Prentis Park Water and Sewer Rehabilitation project in Portsmouth, Virginia; 

472. $400,000 to Chesterfield County, Virginia for drainage 

and wastewater infrastructure improvements for Rayon Park; 

473. $400,000 to be divided equally between the City of Alexandria, Virginia and Arlington County, Virginia for water quality 

improvements in the Four Mile Run watershed; 

474. $440,000 for Henry County and the City of Martinsville, 

Virginia for a wastewater treatment plant upgrade and the conversion of two wastewater plants to pumping stations; 

475. $500,000 for the Piney River Wastewater Improvement 

Project in Nelson County, Virginia; 

476. $500,000 for Fluvanna County, Virginia for water and 

sewer projects; 

477. $500,000 for the Town of Kenbridge, Virginia for the expansion of a wastewater treatment plant; 

478. $785,000 for Franklin County, Virginia for a drinking 

water infrastructure project; 

479. $800,000 to the City of Richmond, Virginia for combined 

sewer overflow infrastructure improvements; 

1152

480. $1,000,000 to be divided equally between Appomattox 

County and the Town of Appomattox, Virginia for water and sewer 

projects; 

481. $1,200,000 to Dale Service Corporation wastewater infrastructure improvements in Dale City, Virginia; 

482. $750,000 for the Fairfax County Water Authority, Virginia 

for water infrastructure security improvements 

483. $300,000 for Fairfax County, Virginia for wastewater infrastructure improvements; 

484. $400,000 for the City of Norfolk, Virginia for the Prentis 

Park Water and Sewer Rehabilitation; 

485. $300,000 for the City of Lynchburg, Virginia for combined 

sewer overflow controls; 

486. $350,000 to the Government of the Virgin Islands for 

wastewater treatment infrastructure improvements; 

487. $200,000 to the City of Tacoma, Washington for water and 

stormwater infrastructure improvements for the Salishan housing 

development; 

488. $200,000 to the City of Grand Coulee, Washington for 

water infrastructure improvements; 

489. $750,000 for the Skagit Public Utility District, Washington for sewer improvements for Similk Beach; 

490. $200,000 to the City of Seattle, Washington for the High 

Point Natural Drainage System project; 

491. $500,000 for the City of Lakewood, Washington for wastewater infrastructure improvements; 

492. $400,000 to the City of Carnation, Washington for wastewater infrastructure improvements; 

493. $400,000 to the City of Duvall, Washington for wastewater infrastructure improvements; 

494. $600,000 to the City of Shelton, Washington for water and 

wastewater infrastructure improvements; 

495. $100,000 to the Town of Ione, Washington for water infrastructure improvements; 

496. $1,000,000 for the City of Sunnyside, Washington for 

wastewater infrastructure improvements; 

497. $450,000 for the Vashon Sewer District, Washington for 

wastewater infrastructure improvements; 

498. $380,000 to the City of Moundsville Sanitary Department 

in West Virginia for storm sewer and sanitary improvements on 

Jefferson Avenue; 

499. $671,000 to the City of Petersburg, West Virginia for 

water and wastewater infrastructure improvements; 

500. $750,000 to the Town of Harrisville, West Virginia for 

water and wastewater infrastructure improvements; 

501. $750,000 to the Mineral County Commission in Mineral 

County, West Virginia for sewer system design and construction; 

502. $824,000 to the City of Philippi, West Virginia for water 

and wastewater infrastructure improvements; 

503. $875,000 to the Marshall County Sewerage District in 

West Virginia for water and wastewater infrastructure improvements; 

1153

504. $1,617,000 to the Gilmer County Public Service District in 

West Virginia for water and wastewater infrastructure improvements; 

505. $2,000,000 to the Sun Valley Public Service District in 

West Virginia for water and wastewater infrastructure improvements; 

506. $5,000,000 to the City of Parkersburg, West Virginia for 

water and wastewater infrastructure improvements. 

507. $2,000,000 to the Milwaukee Metropolitan Sewerage District, Wisconsin for its Central Metropolitan Interceptor System 

project; 

508. $500,000 for the City of Racine, Wisconsin for water infrastructure improvements. 

509. $1,800,000 to the City of Chipewa Falls, Wisconsin for 

sewer and water infrastrructure enhancements; 

510. $2,150,000 to the Village of Port Edwards, Wisconsin for 

replacement of a sewage treatment plant.

ADMINISTRATIVE PROVISIONS

The conferees have again this year included an administrative 

provision giving the Administrator specific authority to, in the absence of an acceptable tribal program, award cooperative agreements to federally recognized Indian Tribes or Intertribal consortia 

so as to properly carry out EPA’s environmental programs. 

The conference agreement does not include a provision, as proposed by the House, extending for one year the collection of 

$21,500,000 in maintenance fees. Nor does the conference agreement include prohibitions on the collection of pesticide registration 

and tolerance fees, as proposed by the House. Instead, the conference agreement includes a provision, as proposed by the Senate, 

which provides for the collection of certain pesticides fees through 

fiscal year 2008 (see title V). 

The conferees have included a new provision proposed by the 

Senate which, for fiscal year 2004, extends the eligibility of 

brownfield grant recipients to those who purchased properties prior 

to the enactment of the Small Business Liability Relief and 

Brownfield Revitalization Act of 2001. The conferees have not included a provision that would permit the use of certain brownfield 

grant funds for administrative costs, as the Senate had proposed. 

The conferees have not included a provision, as proposed by 

the Senate, that clarifies an existing exemption in the Clean Air 

Act concerning state regulations of engines under 50 horsepower. 

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF SCIENCE AND TECHNOLOGY POLICY

Appropriates $7,027,000 as proposed by the House and the 

Senate. 

COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

ENVIRONMENTAL QUALITY

Appropriates $3,238,000 as proposed by the House and the 

Senate. 

1154

FEDERAL DEPOSIT INSURANCE CORPORATION

OFFICE OF INSPECTOR GENERAL

Appropriates $30,125,000 for the Office of Inspector General, 

as proposed by the House instead of $30,848,000 as proposed by 

the Senate. Funds for this account are derived from the Bank Insurance Fund, the Savings and Loan Insurance Fund, and the 

FSLIC Resolution Fund and are therefore not reflected in either 

the budget authority or budget outlay totals. 

GENERAL SERVICES ADMINISTRATION

FEDERAL CITIZEN INFORMATION CENTER FUND

Appropriates $14,000,000 as proposed by the Senate instead of 

$12,500,000 as proposed by the House. Provides limitation of 

$21,000,000 on availability of the Fund as proposed by the Senate 

instead of $18,000,000 as proposed by the House. Funds in excess 

of this amount are available for expenditure only as authorized in 

future appropriations Acts. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

Appropriates $1,500,000 for the United States Interagency 

Council on Homelessness as proposed by the Senate. The House 

had included the same amount of funding for this activity under its 

prior name, Interagency Council on the Homeless. 

The conferees expect HUD to continue providing administrative support on a reimbursable basis to the Council. 

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Of the amounts approved by the conferees in this agreement, 

NASA must limit reprogramming of funds between programs and 

activities to not more than $500,000 without prior notification to 

the Committees on Appropriations of the House and Senate. Any 

activity or program cited in this report shall be construed as the 

position of the conferees and should not be subject to reductions or 

reprogramming without prior approval. The conferees agree with 

the Senate directive that NASA include the outyear budget impacts 

of all reprogramming requests, including the outyear budget impact of all missions in the annual operating plan. The conferees direct NASA to identify, in the initial operating plan and all subsequent revisions, all Space Shuttle Return to Flight costs and purposes, the anticipated budget runout of the Return to Flight actions, and the funding sources being used to pay for the Return to 

Flight costs. The operating plan and all subsequent changes to the 

plan shall include a separate accounting of all program/mission reserves. 

The conferees agree with the House direction that NASA is to provide no less than $2,000,000 to demonstrate encryption technology as part of its cyber-security architecture. This demonstration should be conducted in cooperation with the NASA Inspector 

General. NASA is to report to the Committees on Appropriations 

1155

of the House and Senate within 90 days on its plan to conduct this 

demonstration and is directed to convey the results of the demonstration upon its completion. 

The conferees agree with the Senate directive for NASA to provide a comprehensive plan that will respond to the Columbia Accident Investigation Board report as well as address other staffing, 

systemic and program shortcomings in NASA programs. The plan 

should include an assessment of any proposed investments that 

NASA considers critical to the reform of the agency and the success 

of its missions. The conferees expect the plan to include a 10-year 

funding profile for implementing the proposed reforms with benchmarks that are designed to ensure a safe return to flight. The conferees direct NASA to provide the report to the Committees on Appropriations of the House and Senate no later than January 15, 

2004. 

The conferees agree with the Senate direction for a report on 

the risks associated with illegal transfer or theft of sensitive technologies. The conferees direct NASA and the NASA Inspector General to work together and report annually on these issues, including an assessment of risk. 

The conferees agree that program delays often result in large 

cost increases that are increasingly difficult to justify and that 

NASA should have as a priority a desire to reduce these costs. 

Therefore, the conferees direct NASA to work to reduce the costs 

associated with program delays, and report to the Committees on 

Appropriations by January 15, 2004 on options for cost reductions. 

In arriving at these options, NASA should include in the report an 

explanation of what constitutes core staff and program needs 

versus full development and operations staff requirements. 

SPACE FLIGHT CAPABILITIES

(INCLUDING TRANSFER OF FUNDS)

Appropriates $7,512,100,000 for space flight capabilities instead of $7,806,100,000 as proposed by the House and 

$7,582,100,000 as proposed by the Senate. Specifies that 

$15,000,000 of the amount provided for the Space Shuttle Life Extension Program shall be for development and independent assessment of concepts to increase crew survivability for crew sizes of 4 

to 7 as proposed by the House. The conferees have not included the 

House language which would have specified these efforts should result in increased survivability by a factor of 20. Deletes the Senate 

language which would have specified $3,986,000,000 for activities 

related to the Space Shuttle and prohibited transfer of any of these 

funds to other programs or activities. Deletes Senate language 

which would have capped International Space Station costs at 

$1,507,000,000. Retains House language which allows for the 

transfer of funds from this account to the science, aeronautics, and 

exploration account in accordance with section 312(b) of the National Aeronautics and Space Act of 1958. 

The amount provided is a reduction of $270,000,000 from the 

budget request and includes a reduction of $200,000,000 from the 

International Space Station request and a reduction of $70,000,000 

from the Space Launch Initiative budget request. 

1156

While the conferees have agreed to delete Senate bill language which would have specified $3,986,000,000 for activities related to 

the Space Shuttle, the conferees agree that none of the reductions 

specified in this report should be taken against this activity. Transfers made pursuant to section 312(b) of the National Aeronautics 

and Space Act, while allowed, will need to be fully justified and approved by the Committees on Appropriations of the House and Senate in advance of the transfer and must include the outyear implications on all activities involved in the reprogramming action. 

The conferees have not included a cost cap on the International 

Space Station as proposed by the Senate but do agree that there 

are substantial cost reductions associated with the program as a 

result of shuttle operations being suspended and agree that NASA 

needs to be more aggressive in controlling costs associated with reduced program activity. 

The conferees agree that of the funds appropriated in this ac- count, $24,000,000 shall be for the commercial technology program 

within the Innovative Technology Transfer Partnerships theme. 

NASA shall maintain this program as it existed in fiscal year 2003 

and prior fiscal years. 

The conferees do not agree with the Senate direction that the 

Space Flight Advisory Committee is to report directly and independently to the Congress on NASA’s implementation of the Columbia Accident Investigation Board (CAIB) recommendations. Implementation of the CAIB recommendations is addressed further in 

the Inspector General section of this statement. 

The conferees are in agreement that the new charter of the 

Aerospace Safety Advisory Panel addresses the concerns expressed 

in the Senate report and will satisfy the desire of the conferees to 

receive timely reports that assess the shuttle program in terms of 

safety, upgrades, operations, and overall management of the shuttle program. 

Upon the resumption of shuttle flights to the International 

Space Station, the conferees direct NASA to develop and forward 

to the Committees on Appropriations of the House and Senate a 

plan detailing the steps necessary to reach U.S. Core Complete, as 

well as the outyear costs associated with this plan. 

The conferees are in agreement that the Orbital Space Plane 

External Program Assessment Team (EPAT), as currently chartered, will address many of the concerns expressed by the Senate 

when its report suggested the creation of an independent oversight 

committee. However, the conferees are concerned that the current 

membership relies too heavily on former NASA officials and direct 

NASA to expand the membership of the EPAT to include individuals that have extensive non-NASA experience in program management to ensure necessary independence from the Space Launch 

Initiative program management. The conferees also direct the 

EPAT to report on its assessments of the program to the Congress 

on a quarterly basis, with the first report due on December 31, 

2003. 

The Orbital Space Plane (OSP) program is expected to represent a significant investment by the American taxpayers if it is 

carried out to completion. It is therefore necessary that NASA 

manage this program unlike any other program it has ever exeVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01160 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
1157

cuted or tried to execute in the past. The conferees believe that 

first and foremost, NASA must heed all the findings and recommendations of the International Space Station Management and 

Cost Evaluation report as well as the CAIB report. It does not appear from materials provided to the Congress thus far that this is 

the case. The conferees understand that NASA is currently scheduled to release the OSP full-scale development Request for Proposals (RFP) in late 2003, and are concerned that the goals of this 

RFP may not be aligned with the results of the ongoing interagency 

space policy review. The conferees believe that NASA should not 

release the RFP until the interagency space policy review has been 

completed and NASA has determined that the RFP is consistent 

with the results of this review. Additionally, the conferees believe 

the President must assure the Congress that sufficient resources 

will be available to support the contract awarded as a result of the 

RFP and the related NASA in-house efforts in fiscal year 2004 and 

the outyears and anticipate receipt of such assurances in a timely 

manner. Any operating plan changes that involve this program will 

not take effect until 90 days after submission to the Congress unless approved by the Committees on Appropriations of the House 

and Senate sooner than 90 days. 

The conferees agree with the Senate direction that NASA report by January 31, 2004, on the outyear costs for each project 

within the Next Generation Launch Technology program, the criteria being used to select technologies for investment, and the 

metrics used to determine whether projects within the program are 

progressing or should be discontinued. 

The conferees understand that NASA is currently assessing 

complementary and/or replacement logistics support to and from 

the International Space Station (ISS). This assessment encompasses utilization of Progress, Automated Transfer Vehicle (ATV), 

H–II Transfer Vehicle (HTV), Alternative Access to Space (AAS) 

concepts, Autonomous Shuttle, and possibly other cargo capability 

concepts. The AAS studies have an anticipated completion date of 

January 2004 to be followed by a thorough review of all the options 

by NASA. Additionally, the conferees understand that the administration is reviewing overall U.S. space exploration goals, including 

new cargo capability, as part of the fiscal year 2005 budget process. 

The conferees direct the administration to report back to the Committees on Appropriations of the House and Senate with the Agency’s plan on ISS re-supply services by June 1, 2004. 

The conferees are concerned that in its desire to return the 

shuttle to full operations, NASA may damage seriously the integrity of the Shuttle Life Extension Program (SLEP). The conferees 

believe that the process that NASA has put in place for the SLEP 

will correctly identify cost effective and necessary modifications, 

but NASA must still demonstrate the resolve to execute properly 

the program by requesting adequate budget resources and devoting 

management attention to the effort. The conferees will continue to 

examine this program and will not entertain unrealistic reprogramming proposals that place the program’s overall objectives in jeopardy. 

1158

SCIENCE, AERONAUTICS AND EXPLORATION

(INCLUDING TRANSFER OF FUNDS)

Appropriates $7,929,900,000 for science, aeronautics and explo- ration instead of $7,707,900,000 as proposed by the House and 

$7,730,507,000 as proposed by the Senate. Includes language as 

proposed by the Senate which allows funding to be used for restoration of facilities. 

The amount provided includes the following reductions to the 

budget request: 1. $8,000,000 from the Space Interferometer Mission; 

2. $20,000,000 from Project Prometheus; 

3. $10,000,000 from the Beyond Einstein program; and 

4. $11,000,000 from the Global Climate Change Research Polarimeter program; 

The conferees agree that the high radiation environment the 

Jupiter Icy Moons (JIM) mission is expected to encounter calls for 

development of low-cost hardened microcircuit devices for the JIM 

mission and is encouraged that the Jet Propulsion Lab is undertaking an immediate effort to validate new technology in time for 

its use on the JIM mission. The conferees share the concern expressed by the Senate regarding the Project Prometheus program, 

particularly uncertainties in the mission design, and the dependence on the new unproven technologies. For these reasons, the conferees direct NASA to provide specific program milestones and 

funding paths for all elements of Project Prometheus and report 

progress to the Committees on Appropriations of the House and 

Senate on a quarterly basis. All funding lines should include a full 

run-out of costs for at least 10 years. The first quarterly report is 

due on December 31, 2003. 

The conferees are in agreement with the House direction for 

NASA to evaluate the level of stipends for its Graduate Student 

Research Program and the Earth System Science Fellowships as 

well as the House direction for an evaluation on the merits of expanding its use of graduate fellowships. Both reports are due not 

later than June 30, 2004. 

The conferees share the concern of the House with regard to 

the establishment of a National Program Office for air traffic management development and direct NASA to report to the Committees on Appropriations by March 31, 2004 on efforts to establish 

the Office. 

The conferees remain strongly supportive of the Center of Excellence for Aerospace Propulsion Particulate Emissions Reduction 

established at the University of Missouri-Rolla’s Cloud and Aerosol 

Sciences Lab and expect NASA to develop a plan to utilize the Center’s capabilities on an ongoing basis. 

The conferees are aware that two of the three Virtual Airspace 

Modeling and Simulation (VAMS) programs being developed for the 

Federal Aviation Administration have been fully funded in NASA’s 

budget submission. The conferees also note that the third program, 

Display System Replacement (DSR) enhancements, is a two-year, 

$15,000,000 effort that has not received adequate funding in the request. Because of the importance of these programs, the conferees 

expect that NASA fully fund all three programs in fiscal year 2004, 

1159

including $8,000,000 for DSR, and provide sufficient resources in 

the fiscal year 2005 submission to ensure their completion by the 

close of the fiscal year. 

The conferees direct NASA to task the GSFC EOSDIS Project 

Office to develop the initial baseline architecture and information 

technology blueprint for the future EOSDIS and expect this activity 

to mirror the direction proposed in Senate Report 108–143. The 

conferees wish to reiterate that all future earth science enterprise 

missions should take full advantage of the existing EOSDIS system 

rather than creating individual ‘‘stove pipe’’ ground systems that 

will diminish the integrated architecture developed over the last 

dozen years. 

The conferees are aware that technical problems affecting the 

Landsat 7 satellite threaten the nation’s ability to continue providing land remote sensing data. The Land Remote Sensing Policy 

Act of 1992 (P.L. 102–555) directed the Landsat Program Manager 

to evaluate the options for a successor land remote sensing system 

to Landsat 7 and set forth four options for developing a successor 

system. To ensure that the U.S. Government does not experience 

a loss of remote land sensing capabilities which would jeopardize 

the nation’s domestic, foreign policy and national security interests, 

the conferees instruct NASA to immediately begin developing a 

successor to the Landsat 7 system in accordance with P.L. 102–555. 

Furthermore, the conferees instruct NASA, working in conjunction 

with the United States Geological Survey, to develop a successor 

system that may be implemented in the near term based on the remaining options cited in the Land Remote Sensing Policy Act. It is 

the conferee’s expectation that NASA will include in its FY 2005 

budget justification a detailed plan and timeline for developing a 

successor system to Landsat 7. The conferees have provided an additional $8,500,000 for the 

NPOESS Preparatory Project to initiate the mission’s science data 

system through the EOSDIS Core System at the Goddard Space 

Flight Center. Such a system should have capabilities to: process 

Level 1 data; distribute it to not less than five Climate Analysis 

and Research Systems (CARS) for higher level processing; and 

archiving all Level 1 data and products resulting from higher level 

processing activities. The conferees believe NASA, through the 

GSFC–ECS, must assume responsibility for this critical portion of 

the NPP to avoid significant gaps in the utilization of the mission’s 

data and expect NASA to subsequently budget for it beyond fiscal 

year 2004. 

The conferees agree, that within the total funding provided, 

$25,325,000 shall be for the National Space Grant College and Fellowship program as specified in the House report and $10,000,000 

shall be for the EPSCoR program. 

The conferees agree to the following additions to the budget 

submission: 

1. $1,000,000 for the GSFC COM Simulation Architecture 

Project; 

2. $1,000,000 for the Alabama Supercomputer Education Outreach program; 

3. $1,000,000 for the Pulsed Power and Energetic Research 

Center at the University of Huntsville, Alabama; 

1160

4. $1,000,000 for Science, Engineering, Math and Aerospace 

Academy programs. The Academy is to be established at Albany 

State College in Georgia; 5. $250,000 for the National Science Center Foundation of Augusta, Georgia for its Learning Logic Program; 6. $1,000,000 for aircraft engine research, including research 

being done in conjunction with the Department of Defense; 7. $150,000 for the North Alabama Planetarium Initiative; 

8. $900,000 to Alabama A&M University—Advanced Space 

Propulsion Material Research and Technology Center; 9. $1,500,000 to the BizTech High Technology Business Incubator; 

10. $2,000,000 to the In-Space Propulsion program for HighPower Pulsed Inductive Thruster technology research, utilizing a 

vector inversion pulsed generator to pre-ionize the propellant at an 

exceptionally high frequency; 11. $1,000,000 for remote sensing infrastructure at the University of Miami Center for Southeastern Tropical Remote Sensing 

(CSTARS) in Miami-Dade County, Florida; 12. $500,000 for Southeast Missouri State University’s NASA 

Educator Resource Center; 

13. $2,200,000 for the Education Advancement Alliance in 

Philadelphia, Pennsylvania for education grants and scholarships; 14. $250,000 for Rutgers for continued construction of a research and teaching facility on its Busch Campus in Piscataway, 

New Jersey; 15. $250,000 for Middle Tennessee State University for K–12 

Science Education Enhancements; 

16. $500,000 for the Northwestern University’s Institute for 

Proteomics and Nanotechnology; 17. $2,300,000 for the NASA—Illinois Technology Commercialization Center at DuPage County Research Park; 18. $300,000 to develop a high temperature nanotechnology research program; 

19. $300,000 for a national Communications, Navigation, and 

Surveillance test bed; 

20. $300,000 for the Biological and Physical Research Rack on 

the ISS; 

21. $500,000 for the Industrial Technology Institute at Cleveland State University; 

22. $800,000 for an Aerospace Education Center in Cleveland, 

Ohio; 

23. $800,000 for the Glennan Microsystems Initiative; 

24. $200,000 for the Bowling Green State University Hybrid 

Engine project; 

25. $500,000 for the Ohio View Consortium; 

26. $1,300,000 for the University of Toledo Turbine Institute; 

27. $1,000,000 for the Garrett Morgan Commercialization Initiative in Ohio; 

28. $200,000 for the Adler Planetarium in Chicago, Illinois for 

its Cosmic Gateway Teacher Training program; 

29. $1,000,000 for Michigan SATS Incorporated; 

30. $2,000,000 for the Michigan Technology Commercialization 

Corporation to identify and develop new medical materials and 

1161

technologies which have the ability to provide low cost alternatives 

to current therapies; 31. $300,000 for the Center for Science and Mathematics at the 

University of Redlands, California; 32. $2,500,000 for continued Space Radiation Research at 

Loma Linda University Medical Center; 33. $300,000 for Fulton Montgomery Community College in 

Johnstown, New York for the Spatial Information Technology Center; 

34. $1,000,000 for the Goddard Space Flight Center’s Clustering and Advanced Visual Environments Initiative; 35. $1,500,000 for on-going activities in support of NASA Dryden Flight Research Center’s Intelligent Flight Control System 

(IFCS) research project; 36. $1,500,000 for on-going activities of the Goddard Institute 

for Systems, Software, and Technology Research, including mission 

design tools, Earth science analysis, and remote sensing instrumentation development; 37. $2,500,000 for the Institute for Scientific Research, Inc. for 

research related to transversable access to orbit; 

38. $1,700,000 for continued development of a lightweight carrier pallet to support the Hubble Space Telescope Program; 39. $4,000,000 for NASA’s Independent Verification and Validation Facility; 40. $15,000,000 for the Institute for Scientific Research, Inc. 

for development and construction of research facilities; 41. $750,000 for the NASA Goddard Commercial Technology 

program only to fund the full implementation of the Earth Alert 

Project; 42. $500,000 for the NASA Specialized Center for Research 

and Training in Gravitational Biology at North Carolina State University; 43. $1,000,000 to the University of North Carolina at Chapel 

Hill for the Morehead Planetarium and Science Center; 

44. $1,500,000 to the MCNC-Research and Development Institute (RDI) to establish a Laboratory for Distributed Chemical and 

Biological Sensors; 

45. $500,000 for the Montana Aerospace Development Authority; 

46. $1,500,000 for Idaho State University for the Temporal 

Land Cover Change Research Program; 

47. $1,500,000 for the Idaho National Engineering and Environmental Laboratory for development of performance, safety, and 

mission success tools for NASA programs; 

48. $500,000 for continuation of emerging research that applies 

remote sensing technologies to forest management practices at the 

State University of New York, College of Environmental Sciences 

and Forestry; 

49. $500,000 for the development of an Aircraft Radio Guidance System (ARGUS) utilizing a new radio frequency interferometer that will provide two or three dimensional navigation guidance 

for airborne, space or surface vehicles; 

50. $1,000,000 for the Advanced Interactive Discovery Environment engineering research program at Syracuse University; 

1162

51. $1,500,000 for Integrated Sensing Systems at the Rochester 

Institute of Technology; 

52. $2,000,000 to research Secure Automatic Dependent Surveillance Broadcast (ADS–B) Surveillance data link technology for 

enhanced aviation security and general aviation airspace access; 

53. $2,000,000 for Cryogenic Power Electronics Development at 

the State University of New York at Albany; 

54. $2,000,000 for the JASON Foundation; 

55. $2,000,000 for the Regional Application Center for the 

Northeast; 

56. $2,550,000 for the Fractional Aircraft Ownership Test Program; 

57. $3,000,000 in the Computing, Information and Communications Technology Program (CICT) for High Information Density Approaches to Mobile Broadband Internet Communications; 

58. $4,000,000 for new Adaptive Surveillance Techniques for 

Airport Surface Safety; 

59. $4,500,000 for the National Center of Excellence in 

Infotonics in Rochester, New York; 

60. $4,500,000 for the National Center of Excellence in 

Bioinformatics in Buffalo, New York; 

61. $4,500,000 for a new Science Center at St. Bonaventure 

University in New York State; 

62. $5,000,000 for Project SOCRATES; 

63. $6,000,000 for the continuation of the Space Alliance Technology Outreach Program, including $2,500,000 for business incubators in Florida and New York; 

64. $175,000 to the Astronaut Memorial Foundation for the Columbia STS 107 addition to the National Space Mirror Memorial 

at Kennedy Space Center; 

65. $900,000 for the Florida Institute for Technology in Melbourne, Florida for a Hydrogen Production, Fuel Cell and Sensor 

Technology Initiative; 

66. $1,900,000 for replacement and upgrade of equipment at 

Kennedy Space Center; 

67. $300,000 for the Florida State University Challenger 

Learning Center; 

68. $500,000 to the University of South Florida Center for 

Space Cellular and Macromolecular Biotechnology; 

69. $8,000,000 for the Florida State University System Hydrogen Research Initiative; 

70. $1,000,000 to the Little River Canyon field school; 

71. $1,000,000 to the Tulane Institute for Macromolecular Engineering and Science for research on polymers; 

72. $7,500,000 for the implementation of a remote data store 

at the NASA IV&V Facility, to be distributed as follows: no less 

than fifty percent of appropriated funds are for the acquisition of 

data storage hardware and software including, but not limited to, 

content addressable storage technologies; remaining funds are provided for communications, facility and integration services at the 

IV&V Facility to support data backup, recovery, and on-line access 

capabilities for the Goddard Space Flight Center (GSFC) ECS program; 

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73. $2,250,000 for the University of Alabama in Huntsville for 

the Center for Modeling Simulation and Analysis; 74. $3,000,000 for Solar Probe mission within available funds; 

75. $1,000,000 to Utah State University, Logan, Utah for the 

Calibration Center; 

76. $1,500,000 to Montana State University-Bozeman for the 

Center for Studying Life in Extreme Environments; 77. $750,000 to Montana State University-Bozeman for the 

Space Science and Engineering Lab; 78. $1,000,000 to the University of Idaho in Moscow, Idaho for 

advanced microelectronics and biomolecular research; 

79. $1,500,000 to the Glenn Research Center for the Advance 

Power Systems Institute; 80. $2,000,000 to New Mexico State University for the ultralong balloon program to augment planned flights and technology 

development; 81. $2,000,000 to Texas Tech University in Lubbock, Texas for 

equipment at the Experimental Sciences Building; 82. $1,000,000 to the University of Texas, Austin for 

nanomedicine; 

83. $1,000,000 to Texas A&M University in College Station for 

the Space Engineering Institute; 84. $2,000,000 for the Stennis Space Center for the commercial 

technology program; 85. $1,400,000 to the University of New Orleans, Louisiana for 

the Composites Research Center of Excellence and for the development of advanced manufacturing technologies at Michoud Space 

Center; 

86. $2,500,000 to Marshall University, Bridgeport, West Virginia for the Hubble Telescope Project; 87. $2,300,000 to the University of North Dakota, Grand 

Forks, North Dakota for the Northern Great Plains Space Science 

and Technology Center; 88. $2,000,000 for University of Maryland, Baltimore County 

for photonics research; 

89. $8,000,000 for mission formulation studies for EOS followon missions; 

90. $23,000,000 for EOSDIS Core System Synergy Program of 

which $2,000,000 is for the Northwest Collaboratory at the Pacific 

Northwest National Laboratory; 

91. $1,500,000 to George Mason University, Fairfax, Virginia 

for the Center for Earth Observing and Space Research Mid-Atlantic Geospatial Information Consortium; 

92. $1,000,000 to Utah State University, Logan, Utah for the 

Intermountain Region Digital Image Archive and Processing Center; 

93. $2,500,000 to the University of Mississippi for the Enterprise for Innovative Geospatial Solutions; 

94. $2,000,000 to Mississippi State University for the 

Geospatial and Natural Resources Institute; 

95. $1,600,000 to the University of New Mexico for the Center 

for Rapid Environmental Assessment and Terrain Evaluation; 

96. $3,000,000 for the University of Alaska for weather and 

ocean research; 

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97. $1,000,000 to Glenn Research Center for the John Glenn 

Biomedical Engineering Consortium; 98. $1,250,000 to Space Sciences Inc. for microgravity related 

pharmaceutical development; 99. $2,500,000 for Marshall Space Flight Center for the Propulsion Materials Microgravity Research project; 100. $2,000,000 for the University of Missouri Bioinformatics 

Consortium for equipment purchase; 101. $1,500,000 for Truman State University Life Sciences for 

laboratory equipment; 102. $5,000,000 for the development of an aeronautics research 

budget covering the next 5 years. It is expected that air traffic 

management will also be included within this budget. Funds shall 

be allocated to the National Institute for Aerospace for contracting 

with industry and academia to prepare such a budget plan no later 

than March 1, 2004; 

103. $15,000,000 for future aircraft research with a priority on 

supersonic flight technologies; 104. $15,000,000 for future aviation systems including a priority on aviation security and air traffic management; 105. $15,000,000 for continued development of flight technologies with direct application to military vehicles; 106. $3,000,000 to Wichita State University, Wichita, Kansas 

for the National Center for Composite Materials Performance; 107. $1,000,000 to Wichita State University, Wichita, Kansas 

for the Critical Aircraft Icing project; 108. $2,000,000 to Glenn Research Center for the commercial 

technology program; 109. $2,500,000 to Stennis Space Center for infrastructure improvements; 110. $1,000,000 to Stennis Space Center for relocation of the 

visitors center. NASA is also directed to submit a funding plan to 

the Committee for the visitors center; 

111. $1,000,000 to the Delaware Aerospace Education Foundation, Kent County, Delaware; 

112. $2,000,000 to Wheeling Jesuit University for the National 

Technology Transfer Center; 

113. $1,000,000 to the Virginia Commonwealth University, 

Richmond, Virginia for advanced research in batteries and fuel 

cells; 

114. $1,500,000 to the University of Montana in Missoula, 

Montana for the National Space Privatization Program; 

115. $2,000,000 for the Denver Museum of Nature and Science 

in Denver, Colorado for equipment for the Space Science Museum; 

116. $1,500,000 for the Adventure Science Center in Nashville, 

Tennessee for the Sudekum Planetarium; 

117. $500,000 for the University of Northern Iowa in Cedar 

Falls, Iowa for the Existing Business Enhancement Program; 

118. $1,300,000 for Iowa State University for the PIPELINES 

Project; 

119. $1,000,000 for the Metropolitan School District of Decatur 

Township Indiana for the Challenger Learning Center Expansion; 

120. $1,700,000 for Northern Kentucky University/University 

of Louisville for a digital science center; 

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121. $1,000,000 for the Oregon Museum of Science and Industry for the space science education distance learning program; 122. $1,000,000 for Southeast Missouri State University for the 

NASA ERSC Outreach Project; 123. $1,500,000 for Dominican University’s Center for Science 

and Technology for project based learning; 124. $200,000 to Wheeling Jesuit University for Classroom of 

the Future; 125. $2,000,000 to the University of Connecticut for the Center 

for Land Use Education and Research; 126. $2,000,000 to Iowa State University, Ames, Iowa for nondestructive evaluation studies; 127. $500,000 to the Des Moines Science Center, Des Moines, 

Iowa; 128. $2,000,000 for the School of Science and Mathematics at 

the College of Charleston, Charleston, South Carolina; 129. $3,000,000 to the University of Hawaii, Hilo for the 

Mauna Kea Astronomy Education Center; 130. $1,500,000 to Space Education Initiative, Wisconsin for 

the Wisconsin Geoscience Education initiative; 131. $1,000,000 to the Youth Achievers Committee of New Jersey, Burlington County, New Jersey for the Youth Achievers Committee Science and Math Initiative; 

132. $500,000 to the University of Vermont, Burlington, 

Vermont for the Center for Advanced Computing; 

133. $1,000,000 to Wayne State University, Detroit, Michigan 

for the Center of Smart Sensors and Integrated Microsystems; 

134. $1,000,000 for Wellpinit School District in Wellpinit, 

Washington for the Virtual Classroom Project; 

135. $1,500,000 for the Mitchell Institute, Portland, Maine for 

the science and engineering education endowment; 136. $1,500,000 for the Arkansas Center for Space and Planetary Sciences; 137. $600,000 for the Challenger School in Kenai, Alaska; 

138. $8,500,000 for the NPOESS data science system; 

139. $1,000,000 for the Dole Scholarship Program; 

140. $1,800,000 for the City College of New York for a community-based science and technology education facility; 141. $3,000,000 for technology development necessary to ensure the Satellite Test of the Equivalence Principle mission can 

move forward; 

142. $3,000,000 to be transferred to the Air Force Research 

Lab to develop and deploy Interactive Data Wall technology; 143. $3,000,000 to be transferred to the Air Force for joint research on emerging areas of computing, including grid computing, 

quantum and biomolecular information processing technology; and 

144. $3,000,000 to be transferred to the Air Force Research 

Lab to develop dual-use lightweight space radar technology.

OFFICE OF INSPECTOR GENERAL

Appropriates $27,300,000 for the Office of Inspector General 

instead of $26,300,000 as proposed by both the House and Senate. 

The conferees have agreed to a higher funding level to ensure the 

Inspector General has the resources to hire sufficient staff with 

1166

technical expertise to monitor long-term compliance with the recommendations of the Columbia Accident Investigation Board 

(CAIB). The conferees also believe the Inspector General should 

work closely with the Return to Flight Task Group, the StaffordCovey group, as it reviews NASA’s implementation of the CAIB 

recommendations. The conferees direct the Inspector General to report on efforts to hire additional technical staff to the Committees 

on Appropriations of the House and Senate by June 30, 2004. 

The conferees agree with the direction contained in the Senate 

report regarding a review of NASA’s contract procedures and conventions to determine reforms which may lead to cost savings. 

ADMINISTRATIVE PROVISIONS

The conferees have included five administrative provisions 

which were in both the House and Senate bills. The conferees have 

not included a provision on the working capital fund as proposed 

by the Senate. The conferees have not included a Senate provision 

which would have prohibited NASA from using any funds to compensate any person who contracts with NASA if that individual 

had selected early retirement or taken a buy-out from NASA. 

The conferees agree with the Senate direction that NASA report on the budgetary impact of its proposed reforms to its personnel practices. 

The conferees agree with the Senate direction that NASA 

should contract with the National Academy of Public Administration on the organizational structure of NASA headquarters and 

field operations. 

NATIONAL CREDIT UNION ADMINISTRATION

CENTRAL LIQUIDITY FACILITY

Provides limitation of $1,500,000,000 on CLF lending activities 

from borrowed funds as proposed by the House and Senate. 

The conferees direct NCUA to provide quarterly reports on 

lending activities of the CLF through September 2004. 

COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

Appropriates $1,200,000 instead of $1,000,000 as proposed by 

the House and $1,500,000 as proposed by the Senate. Within this 

amount, $1,000,000 is provided to augment funds available for 

technical assistance grants for fiscal year 2004 and $200,000 is 

available until expended for loans to community development credit unions. 

NATIONAL SCIENCE FOUNDATION

The conferees agree that the National Science Foundation is to 

abide by the reprogramming requirements set forth in the beginning of the statement of the managers. 

RESEARCH AND RELATED ACTIVITIES

Appropriates $4,276,600,000 for research and related activities 

instead of $4,306,360,000 as proposed by the House and 

$4,220,610,000 as proposed by the Senate. The conferees have inVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01170 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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cluded bill language which provides up to $345,000,000 for polar 

research and operations support and $90,000,000 for a comprehensive research initiative on plant genomes for economically significant crops. The conference agreement provides $4,276,600,000 for ongoing 

and new research priorities of the Foundation, an increase of over 

$220,140,000 above the fiscal year 2003 level. Within the very severe overall fiscal constraints imposed on the conferees for fiscal 

year 2004, the managers have given their highest priority to funding basic research within the research and related activities account. This account supports investigator-initiated grants within 

each of the core disciplines as well as critical cross-cutting research 

which brings together multiple disciplines. The conferees urge the 

Foundation in allocating the scarce resources provided in this bill 

and in preparing its fiscal 2005 budget request to be sensitive to 

maintaining the proper balance between the goal of stimulating 

interdisciplinary research and the need to maintain robust single 

issue research in the core disciplines. 

The conferees direct NSF to include multi-year budget estimates and future budget impacts for multi-disciplinary and midlevel activities in the annual operating plan and in future budget 

requests. 

The specific funding level for each of NSF’s research activities 

is as follows:

Directorate FY 2004 request House Report 108–

235 

Senate Report 108–

143 

Conference agreement 

Biological Sciences ........................................ $562,220,000 $586,841,000 $577,220,000 $592,000,000 

Computer & Information Science & Engineering ....................................................... 584,260,000 609,846,000 609,390,000 609,600,000 

Engineering .................................................... 536,570,000 560,067,000 550,000,000 561,000,000 

Geosciences .................................................... 687,920,000 718,045,000 692,210,000 719,000,000 

Mathematical & Physical Sciences ............... 1,061,270,000 1,107,745,000 1,085,870,000 1,100,000,000 

Social, Behavioral & Economic Sciences ...... 211,740,000 221,012,000 206,740,000 205,000,000 

Polar Programs ............................................... 329,930,000 350,000,000 341,730,000 345,000,000 

Integrative Activities ...................................... 132,450,000 147,804,000 157,450,000 145,000,000 

From the amount provided for Biological Sciences, $90,000,000 

has been provided for plant genome research on economically significant crops. 

From the amount provided for Computer and Information 

Science and Engineering, up to $225,000,000 of the appropriated 

level may be used for information technology research and not less 

than $20,000,000 may be used for cyberinfrastructure initiatives. 

From Mathematical and Physical Sciences, $55,310,000 is for 

the National Radio Astronomy Observatory program of which 

$9,400,000 is provided for the Expanded Very Large Array; 

$10,300,000 is for the Green Bank Observatory; and $4,600,000 is 

for studies and repair of the Green Bank Observatory. The conferees recommend $6,000,000 for continued advanced planning of 

the Rare Symmetry Violating Process project. 

Of the amount for Social Behavioral and Economic Sciences, 

$6,000,000 is for the Children’s Research Initiative. 

The conferees direct NSF to provide details on the funding levels for research and logistics within the U.S. Polar Research Programs in the fiscal year 2004 operating plan. 

1168

From the funds provided for Integrative Activities, $110,000,000 is provided for Major Research Instrumentation. To 

the extent possible, NSF should utilize funds in excess of the budget request to support the merit-based instrumentation and infrastructure needs of developing, HBCU, and other minority-serving 

colleges and universities. The conference agreement includes $255,000,000 for 

nanotechnology programs throughout the directorates, an increase 

of $34,000,000 over fiscal year 2003. 

The Conferees direct NSF to include the multi-year budget estimates for all multi-disciplinary and mid-level activities in the annual operating plan and in future budget requests. 

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

Appropriates $155,900,000 for major research equipment and facilities construction instead of $192,330,000 as proposed by the 

House and $149,680,000 as proposed by the Senate. Included within the appropriated amount is $51,000,000 for construction of the 

Atacama Large Millimeter Array aperture-synthesis radio telescope; $43,500,000 for EarthScope; $42,000,000 for continued research and development of the IceCube Neutrino Detector Observatory in Antarctica; $8,100,000 for the George E. Brown, Jr. Network for Earthquake Engineering Simulation; $1,300,000 for construction costs associated with the Amundson-Scott South Pole Station; and $10,000,000 for support of the Terascale Computing System and the Distributed Terascale Facility. 

The conferees have not provided funding for the National Ecological Observatory Network (NEON) without prejudice. The conferees direct NSF to consider the recommendations in the National 

Academy of Sciences report and continue to refine the NEON plan 

from funds provided under research and related activities. 

The conferees have not provided funding for the Integrated 

Ocean Drilling Program (IODP) and instead expect to see funding 

for this project proposed in the fiscal year 2005 request as stated 

in the fiscal year 2004 budget justification. 

The conferees reiterate language included in the Senate report 

directing NSF to develop with the National Science Board funding 

criteria for major projects; directing NSF to identify all equipment, 

facility, and infrastructure-related costs over $5,000,000 in the fiscal year 2005 budget request; and directing the Deputy Director of 

Large Facility Projects to develop guidelines and a cost tracking 

system to ensure cost oversight. 

EDUCATION AND HUMAN RESOURCES

Appropriates $944,550,000 for education and human resources 

instead of $910,680,000 as proposed by the House and 

$975,870,000 as proposed by the Senate. The conferees agree to the 

following funding levels and directives within this account:

Program FY 2004 request House Report

108–235 

Senate Report

108–143 

Conference agreement 

Math & Science Partnership .......................... $200,000,000 $140,000,000 $145,000,000 $140,000,000 

EPSCoR ........................................................... 75,000,000 90,000,000 100,000,000 95,000,000 

Elementary, Secondary & Informal Education 194,450,000 204,450,000 209,450,000 207,000,000 

Undergraduate Education .............................. 142,100,000 146,440,000 172,810,000 162,940,000 

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Program FY 2004 request House Report

108–235 

Senate Report

108–143 

Conference agreement 

Graduate Education ....................................... 156,880,000 156,880,000 156,880,000 156,880,000 

Human Resources Development .................... 103,410,000 106,710,000 125,530,000 116,530,000 

Research, Evaluation & Communication ....... 66,200,000 66,200,000 66,200,000 66,200,000 

The conferees direct NSF to submit a report by May 1, 2004, 

on the status of all the States participating in the Experimental 

Program to Stimulate Competitive Research (EPSCoR) program, 

and to include within this report the progress of each eligible state 

towards graduation from the EPSCoR program. 

Within the level of funding for Elementary, Secondary and Informal Education, $62,500,000 has been provided for the Informal 

Science Education program. 

Of the amount appropriated for Undergraduate Education, 

$45,500,000 has been provided for the Advanced Technological 

Education program; $25,000,000 is for the STEM Talent Expansion 

Program; and $8,000,000 is for the Robert Noyce Scholarship Program. No funds are provided for the Workforce for the 21st Century program. 

The conferees have provided sufficient funding in fiscal year 

2004 to reach a graduate stipend level of $30,000. 

Within the funding level for Human Resource Development, 

$34,500,000 is provided for the Louis Stokes Alliances for Minority 

Participation program; $24,000,000 is provided for the Historically 

Black Colleges and Universities Undergraduates (HBCU) Program; 

$15,000,000 is provided for the Alliance for Graduate Education 

and Professoriate; and $15,000,000 is provided for the Centers of 

Research Excellence in Science and Technology (CREST) program 

and the HBCU Research University Science and Technology 

(THRUST) initiative within CREST. While the conferees agree that 

eligibility for THRUST should not exclude CREST recipients, NSF 

is directed to first use fiscal year 2004 program funds to fully fund 

multi-year awards to recipients of THRUST. 

SALARIES AND EXPENSES

Appropriates $220,000,000 for salaries and expenses instead of 

$215,900,000 as proposed by the House and $225,700,000 as proposed by the Senate. 

The conference agreement provides $2,500,000 for the administrative, management, and enterprise architecture evaluation contract underway. The conferees strongly urge the Foundation to give 

highest priority to enterprise architecture work products and information technology implementation. The conferees request that the 

National Science Board and the Inspector General review the proposed project plan and provide comment to the Committees on Appropriations by March 1, 2004.

The conferees request that the Director of the Office of Personnel Management conduct a review of NSF policies and practices 

regarding use of temporary term employees, known as ‘‘rotators’’, 

and report the findings to the Director of the Foundation and the 

Committees on Appropriations not later than March 1, 2004. The 

conferees request that this review focus on the percentage of the 

NSF professional workforce staffed through temporary appointVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01173 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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ments and its impact on the career civil service system at NSF, the 

use of temporary appointments to staff the most senior positions at 

NSF including the heads of its science Directorates, and the level 

of compensation paid to individuals filling senior staff appointments through temporary appointments. Further, the conferees direct that future budget requests will consolidate the costs of all 

temporary employees, including employees covered under inter-governmental personnel agreements, under this heading. 

The conferees direct NSF to enforce the existing policy providing NSF employee travel from this account. 

The conferees direct NSF to designate a senior-level manager 

at the Foundation responsible for assisting minority serving institutions working with the Foundation. 

OFFICE OF THE NATIONAL SCIENCE BOARD

Appropriates $3,900,000 for the National Science Board as proposed by the Senate, instead of $3,800,000 as proposed by the 

House. A representational allowance of $9,000 has been provided 

for the Board. 

The conferees agree that NSF will continue to provide support 

for the preparation of the Science and Engineering Indicators report, plus all other activities as in previous years. The conferees direct the Foundation to include budget justification materials for the 

Board as a separate account in future budget requests to the Congress. 

OFFICE OF INSPECTOR GENERAL

Appropriates $10,000,000 for the Office of Inspector General as 

proposed by both the House and the Senate. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

Appropriates $115,000,000 for the Neighborhood Reinvestment 

Corporation as proposed by both the House and Senate. 

Language is included in the bill which designates $5,000,000 

to support the Corporation’s multi-family rental housing program, 

as proposed by the Senate. 

ADMINISTRATIVE PROVISION

Language is included as an administrative provision, as proposed in the budget submission, which amends the Neighborhood 

Reinvestment Corporation Act to bring the Corporation’s compensation practices in line with those of federally chartered non-profit 

corporations. 

SELECTIVE SERVICE SYSTEM

SALARIES AND EXPENSES

Appropriates $26,308,000 for salaries and expenses as pro- posed by the Senate instead of $28,290,000 as proposed by the 

House. The conference agreement does not include language proposed by the Senate which prohibits the system from using funds 

1171

to support the Corporation for National and Community Service. 

However, the conferees direct the Selective Service System to discontinue providing information about the Corporation in the future. 

TITLE IV—GENERAL PROVISIONS 

The conference agreement includes the following dispositions of 

General Provisions: 

Retains fourteen general provisions proposed by both the 

House and the Senate, all of which were included in the fiscal year 

2003 Act. 

Deletes language proposed by the Senate prohibiting the obligation or expenditure of funds unless the contract has been awarded and entered into in full compliance with the Office of Federal 

Procurement Policy Act. 

Retains language proposed by the Senate regarding the BuyAmerica Act. 

Retains language proposed by the House limiting the transfer 

of funds in this Act to the authority provided by this Act. 

Retains language proposed by the House establishing new full 

cost accounting appropriations accounts for the National Aeronautics and Space Administration. 

Retains language proposed by the House regarding outreach 

and marketing efforts to enroll veterans in the Veterans Health 

Administration. A similar amendment was proposed by the Senate. 

Retains language proposed by the House and Senate prohibiting funds from being used to estimate the values for adult premature mortality that differ based on the age of the adult. 

Retains language proposed by the House expressing a Sense of 

the Congress that no veteran should wait more than thirty days for 

a doctor’s appointment. 

Retains language proposed by the Senate expressing a Sense 

of the Congress that human dosing studies of pesticides raise ethical and health questions. The House bill included a related provision. 

Retains language proposed by the House prohibiting the use of 

any NASA funds to be used for voluntary separation incentive payments if those incentives result in the loss of skills related to the 

safety of the Space Shuttle or the International Space Station. 

Retains language proposed by the Senate providing States administering the Community Development Block Grant (CDBG) programs flexibility in the use of funds for administrative expenses 

and technical assistance. While such flexibility has been provided, 

the conferees expect the States to ensure that appropriate technical 

assistance is provided to localities receiving funds under the CDBG 

program. 

Deletes a provision proposed by the Senate authorizing appropriations for sewer overflow grants. This conference agreement deletes this provision without prejudice, instead referring the matter 

to the relevant authorizing committees. 

Retains a provision proposed by the Senate expanding a National Academy of Sciences study on New Source Review rules. 

Retains a provision proposed by the Senate regarding harmonization of dates related to air quality standards for particulate matter and regional haze. 

1172

Includes modified language, similar to language proposed by 

the Senate recognizing the six Pioneer Homes in Alaska as eligible 

for per diem payments under the Department of Veterans Affairs 

state home program.

The conferees have included a new general provision which 

provides authority for the NASA Administrator to exceed the limitation on claims contained in the National Aeronautics and Space 

Act of 1958. 

Deletes language proposed by the Senate regarding Agent Orange studies without prejudice. Instead, the conferees direct the VA 

to report by February 27, 2004, on the Department’s future plans 

for epidemiological research on Vietnam veterans exposed to Agent 

Orange as recommended in April 2003 by the Institute of Medicine 

(IOM), including the Department’s future resource needs for these 

studies. The conferees strongly encourage VA to consult with the 

IOM on this matter. 

Deletes language proposed by the Senate providing enhanceduse lease authority at the Charleston VA Medical Center. 

Deletes language proposed by the Senate regarding VA-Navy 

facilities sharing in North Chicago and instead addresses this matter in report language under title I. 

Deletes language proposed by the Senate regarding international jurisdictional issues. 

Deletes language proposed by the Senate regarding health care 

for veterans in rural areas and instead addresses this matter in report language under title I. 

The conferees have not included language proposed by the Senate specifying the allocation of funds among Native American 

tribes under the NAHASDA block grant program. 

The conferees have not included language proposed by the Senate establishing a new rural housing for teachers program under 

the Denali Commission. 

Deletes language proposed by the Senate in this title regarding 

the public housing operating subsidy formula and instead includes 

modified language under administrative provisions in title II. 

Deletes language expressing the Sense of the Senate on the 

section 8 voucher program. 

Deletes language proposed by the Senate regarding the Paul 

and Sheila Wellstone Center and instead includes funding for this 

activity under the Community Development Fund in title II. The 

House did not include a similar provision. 

Deletes language proposed by the Senate requiring the HUD 

Secretary to extend certain Moving to Work agreements and to require a study. 

Deletes a provision proposed by the Senate regarding VISTA 

volunteer education awards. Instead, the conferees have included 

report language in title III. 

Deletes a provision proposed by the Senate regarding rulemaking for AmeriCorps programs and instead includes a similar 

provision in title III. 

Includes a provision which sets certain requirements for the 

EPA and States regarding the regulation of engines under 50 

horsepower. 

1173

TITLE V—PESTICIDE PRODUCTS AND FEES 

The conference agreement modifies a provision proposed by the 

Senate which provides for the collection of certain pesticides fees 

through fiscal year 2008. 

CONFERENCE TOTAL—WITH COMPARISONS

The total new budget (obligational) authority for the fiscal year 

2004 recommended by the Committee of Conference, with comparisons to the fiscal year 2003 amount, the 2004 budget estimates, 

and the House and Senate bills for 2004 follow:

[In thousands of dollars] 

New budget (obligational) authority, fiscal year 2003 ........................ 123,003,816

Budget estimates of new (obligational) authority, fiscal year 2004 126,344,797

House bill, fiscal year 2004 ................................................................... 126,943,148

Senate bill, fiscal year 2004 .................................................................. 128,243,712

Conference agreement, fiscal year 2004 .............................................. 128,243,693

Conference agreement compared with: 

New budget (obligational) authority, fiscal year 2003 ................ +5,239,877

Budget estimates of new (obligational) authority, fiscal year 

2004 .............................................................................................. +1,898,896

House bill, fiscal year 2004 ............................................................ +1,300,545

Senate bill, fiscal year 2004 ........................................................... ¥19

DIVISION H—MISCELLANEOUS APPROPRIATIONS AND 

OFFSETS 

(INCLUDING RESCISSIONS OF FUNDS)

(INCLUDING TRANSFER OF FUNDS)

Sec. 101. The conference report includes language regarding 

the Conservation Security Program. 

Sec. 102. This section redirects funds provided by P.L. 108–106 

from the Emergency Preparedness and Response, Disaster Relief 

account to the Forest Service and Natural Resources Conservation 

Service and other accounts in the Department of Agriculture which 

fund critically needed wildfire, forestry and watershed protection 

services in response to the unprecedented wildfire emergencies 

which recently devastated portions of southern California. The 

emergency declaration does not increase emergency spending beyond what was designated in P.L. 108–106. 

Sec. 103. The conference agreement provides additional funding for reimbursement to State and local law enforcement agencies 

for security costs associated with the 2004 Presidential Candidate 

Nominating Conventions. The conference agreement provides not 

more than $25,000,000 each for New York City and Boston. The 

Department of Justice is directed to submit a report to the Committees on Appropriations detailing how these funds are allocated. 

The report shall include a list of State and local law enforcement 

agencies receiving reimbursements including the amount and purpose for which each agency received reimbursement. 

Sec. 104. The conference agreement includes language establishing the Commission on the Abraham Lincoln Study Abroad Fellowship Program, and providing $500,000 for this purpose. 

Sec. 105. The conference agreement includes language regarding a Northeast Multispecies Fishery Management Plan. 

1174

Sec. 106. The conference agreement includes an additional $16,000,000 for the United States Supreme Court, Care of the 

Building and Grounds account.

The conference agreement includes a general provision which 

transfers previously appropriated Navy acquisition funds to provide 

a $49,000,000 increase for the advance procurement and full funding of the Virginia class submarine and a $19,600,000 increase for 

additional requirements for the refueling of the SSN–715. The conferees understand that $9,200,000 is available from fiscal year 

2004/2005 Research, Development, Test and Evaluation, Navy 

funds made available for New Design SSN and Advanced Submarine Systems Development. The conferees direct that the 

$9,200,000 reduction be applied solely to projects included in the 

base program requested in the fiscal year 2004 budget and applied 

equally to both New Design SSN and Advanced Submarine Systems Development programs. The conferees request that a breakout of the application of this reduction be provided to the congressional defense committees within 30 days of enactment of this Act. 

The conferees further understand that $8,000,000 of the funds appropriated in fiscal year 2003 and $11,800,000 of the funds appropriated in fiscal year 2004 for outfitting, post delivery, conversions, 

and first destination transportation are in excess to current requirements and therefore available for reprogramming. The conferees direct that these reductions be equitably applied to the ships 

and submarines for which the funds were originally requested. 

The conference agreement includes a general provision which 

makes technical adjustments to section 724 of the National Defense 

Authorization Act for Fiscal Year 1997, as amended by the National Defense Authorization Act for Fiscal Year 2004. 

The conference agreement includes a general provision which 

makes technical adjustments to section 853 of the National Defense 

Authorization Act for Fiscal Year 2004. 

The conference agreement includes a general provision which 

clarifies the application of section 8022 of the Department of Defense Appropriations Act, 2004 (Public Law 108–87). 

The conference agreement includes a general provision which 

provides that from within available Defense Health Program funding, $3,100,000 is to be used only for the procurement of Linear Accelerator Radiation Therapy equipment and associated operating 

software for Walter Reed Army Medical Center, and $2,900,000 is 

to be used only for the Defense and Veterans Head Injury Program. 

The conference agreement includes a general provision regarding the storage of mercury in the National Defense Stockpile. 

The conference agreement includes a general provision providing technical adjustments and authority for certain classified activities provided for in Public Law 107–206 and described in the 

classified annexes accompanying that Act and Public Law 108–11. 

The conference agreement includes a general provision providing direction regarding funds provided in Public Laws 107–117, 

107–248, and 108–87 under the heading ‘‘National Defense Sealift 

Fund’’ for construction of additional sealift capacity. 

DoD–VA Medical Care.—The conferees direct the Secretary of 

the Navy to expand the use of the North Chicago VA Medical Center by the DoD beneficiaries of the Great Lakes region. The conVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01178 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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ferees also direct the Secretary to work with the Secretary of Veterans Affairs to finalize site selection for a joint Navy/VA ambulatory care center to serve both DoD beneficiaries and veteran patients. The conferees urge the Secretary to study siting the clinic 

adjacent to the North Chicago VA Medical Center. The Secretary 

shall report to the Committees on Appropriations on the site selected by July 30, 2004. The conferees also understand that the 

Committees will see a proposal for design planning and funding 

construction of this facility in fiscal year 2006. 

Chemical Biological Suit.—The conferees are concerned with a 

recent GAO finding that the production of the JSLIST chemical biological suit worn by U.S. soldiers is dependent upon a foreignbased, single supply source for its most critical components. The 

Joint Program Executive Office for Chemical and Biological Defense plan to field test and qualify an off-the-shelf, alternate fabric/

membrane to incorporate into a next generation suit will take three 

years to complete given current funding levels. The conferees direct 

the Department of Defense to provide necessary funds from those 

available immediately to begin field testing and qualification of an 

alternate, off-the-shelf fabric/membrane for the JSLIST suit. 

Digitization of DoD Technical Manuals.—Within 10 days of the 

effective date of this Act, the Secretary of Defense shall complete 

the transfer of contract and program administration of the funds 

appropriated for the Digitization of DoD Technical Manuals from 

the Army to the Marine Corps Systems Command and shall transfer the balance of unobligated fiscal year 2003 funds and all fiscal 

year 2004 funds appropriated for this program from Other Procurement, Army to the ‘‘Auto Test Equipment Systems’’ line in Procurement, Marine Corps. The Secretary shall ensure that the transfer 

occurs in a manner that causes no delays or disruption in the program. 

Vaccine Development.—The conferees are aware that there has 

been considerable progress made by DARPA on the development of 

a therapeutic vaccine for protection against anthrax as a weapon 

of bioterrorism. The conferees understand that the research and development has progressed to the point where primate and human 

clinical trials are the next phase. The conferees encourage the Department of Defense to continue this important research, and if 

necessary, use existing reprogramming authorities to address any 

fiscal year 2004 funding shortfalls should they emerge. 

Philadelphia Military Academy.—The conferees recommend the 

Department of Defense establish a Junior ROTC program at the 

Philadelphia Military Academy. The Department should establish 

this program as quickly as feasible and use funds previously appropriated for these types of training programs. 

Consequence Management Training.—It is the conferees’ intent that the funds appropriated in Public Law 107–248 for consequence management training at Camp Gruber are to train both 

DoD personnel and non-DoD first responders. 

Family Assistance and Ombudsman for WRAMC.—The demand for medical treatment and family assistance has increased 

significantly at our military medical facilities. In particular, there 

have been almost 2,000 soldiers who have gone through Walter 

Reed Army Medical Center (WRAMC) for medical treatment since 

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the beginning of Operation Iraqi Freedom. The WRAMC staff has 

responded exceptionally well to the medical needs of our injured 

troops and should be commended for their work. The conferees, 

however, are concerned that family members coming to the Washington, DC area to visit their loved ones are experiencing transportation and information difficulties once they arrive. These include 

difficulties in obtaining and paying for transportation from airports 

to Walter Reed and confusion once they get to Walter Reed regarding lodging, per diem, and the availability of family assistance resources. The conferees recommend that the Army establish an Ombudsman program, as part of the overall family assistance outreach 

program, to assist family members of injured soldiers at Walter 

Reed. This should include representatives to meet and greet family 

members at Walter Reed upon their initial arrival to guide them 

to their destination and inform them of available assistance.

Walter Reed Amputee Center.—The conferees are aware of 

Walter Reed Army Medical Center’s efforts to improve amputee 

treatment and rehabilitation, especially in light of the growing 

number of injured military members returning from Operation 

Iraqi Freedom who require such care. As such, the conferees direct 

the Surgeon General of the Army to prepare and submit an infrastructure improvement plan for the Walter Reed Amputee Center 

to the congressional defense committees. The plan should be submitted not later than January 15, 2004, and should include a detailed description of the types of infrastructure improvements needed, a timetable for making these improvements, and associated cost 

estimates. 

Section 117. The conference agreement includes language relating to previously appropriated funds for the False Pass, Alaska, 

project. 

Section 118. The conference agreement includes language regarding the Central Riverfront Park project on the Ohio River in 

Cincinnati, Ohio. 

Section 119. The conference agreement includes language providing for the use of available funds from the Hamlet City Lake, 

North Carolina, project to carry out current projects in Richmond 

County. 

Section 120. The conference agreement includes language regarding the project for clearing and snagging in Deep River, near 

Lake Station, Indiana. 

Section 121. The conference agreement includes a technical 

correction to Section 117 of H.R. 2754, the Energy and Water Development Appropriations Act, 2004, relating to the Idaho, Montana, Rural Nevada, New Mexico, and Rural Utah project. 

Section 122. The conference agreement includes language providing for the use of available funds from the Savannah Harbor 

Deepening Project, Savannah, Georgia, for the Savannah Harbor 

Expansion Project. 

Section 123. The conference agreement includes language regarding the Columbia River Channel Improvements project in Oregon and Washington. 

Section 124. The conference agreement includes language directing the Corps of Engineers to proceed with work to complete 

the Stillwater, Minnesota, project. 

1177

Black Warrior and Tombigbee Rivers, Alabama.—The conference agreement on H.R. 2754, the fiscal year 2004 Energy and 

Water Development Appropriations Act, included an additional 

$1,500,000 for operation and maintenance of the Black Warrior and 

Tombigbee Rivers, Alabama, project. Of those funds, $1,000,000 is 

to be used to fund the evaluation of a plan for the relocation of 

project offices to Tuscaloosa, Alabama. 

Section 125. The conference agreement clarifies that an additional $166,100,000 is provided in the Energy and Water Development Appropriations Act, 2004, for offsetting collections for purchase power and wheeling expenses. 

ENERGY SUPPLY

RENEWABLE ENERGY RESOURCES

In calculating the non-Federal match commitment required for 

the Upper Lynn Canal, Alaska, project, non-Federal resources including cash, personnel, services, and equipment expended in the 

last two fiscal years shall be included in determining whether the 

non-Federal match requirement has been fulfilled. 

Biomass/biofuels.—The $960,000 earmark for the Mount Mass 

CC Bio Wood Gasification Project provided for in the statement of 

managers accompanying H.R. 2754 should be properly titled as the 

Mount Wachusett Community College Biomass Wood Gasification 

Project. 

NUCLEAR ENERGY

Program Direction.—Of the amount made available for program direction in the statement of managers accompanying H.R. 

2754, $34,237,000 is assigned to the 050 budget function. 

SCIENCE

Biological and Environmental Research.—The statement of 

managers accompanying H.R. 2754 providing $5,000,000 for the development of new molecular imaging probes is further clarified to 

apply to programs that bring together PET imaging, systems biology and nanotechnology to develop new molecular imaging probes. 

These probes should provide a biological diagnosis of disease that 

is informative of the molecular basis of disease and specific for 

guiding the development of new molecular therapies. The programs 

must bring together chemists, physicists, biologists, and imaging 

scientists to produce new technologies and science in the stated 

area. The particular disease orientation is in cancers such as 

breast, prostrate, colorectal, melanoma and degenerative neurological disorders such as Alzheimer’s and Parkinson’s diseases. 

In addition, the $1,000,000 earmark for the Carnegie Mellon 

University Green Chemistry Project should be properly titled as 

the Carnegie Mellon University Advanced Building Efficiency 

Testbed Initiative. 

Science Laboratories Infrastructure.—The statement of managers accompanying H.R. 2754 provides $1,000,000 for excess facilities disposal for the 88-inch cyclotron at the Lawrence Berkeley 

National Laboratory. If the Department of Energy decides to conVerDate jul 14 2003 07:32 Dec 02, 2003 Jkt 090637 PO 00000 Frm 01181 Fmt 6601 Sfmt 6601 E:\HR\OC\HR401.XXX HR401
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tinue operating the 88-inch cyclotron during fiscal year 2004, the 

$1,000,000 should be applied to disposal of other excess facilities at 

the Lawrence Berkeley National Laboratory. 

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

DEFENSE SITE ACCELERATION COMPLETION

Accelerated Completions 2035.—The statement of managers accompanying H.R. 2754 indicates that the conference agreement 

provides $1,929,536,000 for Accelerated Completions, 2035, with 

the reduction of $49,061,000 below the request due to the Department-requested adjustment for Oak Ridge cleanup activities. The 

statement of managers should be amended to reflect that 

$31,851,000 of this reduction represents the Department-requested 

adjustment for Oak Ridge cleanup and $17,210,000 represents a reduction to the overall 2035 subaccount, not specific to Los Alamos, 

Oak Ridge, or any other 2035 cleanup site. 

OTHER DEFENSE ACTIVITIES

Environment, Safety and Health (Defense).—Of the funds made 

available for transfer to the National Institute for Occupational 

Safety and Health for epidemiological studies in the statement of 

managers accompanying H.R. 2754, $7,500,000 shall be applied to 

conduct epidemiological research and other activities to establish 

the scientific link between radiation exposure and the occurrence 

of chronic lymphocytic leukemia. 

Section 127. The conference agreement includes language related to Sandia National Laboratories in New Mexico. 

Section 128. The conference agreement includes language 

modifying Section 312 of the Energy and Water Development Appropriations Act, 2004, and Section 634 of the Energy Policy Act of 

2003 regarding the classification of certain materials as ‘‘11e.(2) byproduct materials’’. 

Section 129. The conference agreement includes language making technical corrections to H.R. 6, the Energy Policy Act. 

Section 130. The conference agreement includes an additional 

$50,000,000 to the Department of Energy’s Office of Science to 

begin work on the Coralville, Iowa project. 

Section 131. The conference agreement includes $250,000 for 

Biological Sciences at DePaul University; $500,000 for the CedarsSinai Gene Therapy Research Program; and $500,000 for the Hartford Hospital Interventional Electrophysiology Project. 

Section 132. The conference agreement includes $750,000 for 

the Energy Center of Wisconsin Renewable Fuels Project; $500,000 

for the Wind Energy Transmission Study; $250,000 for the White 

Pine County, Nevada, Public School System biomass conversion 

heating project; $250,000 for the Lead Animal Shelter Animal 

Campus renewable energy demonstration project; $3,000,000 for 

the establishment of a Hawaii Hydrogen Center for Development 

and Deployment of Distributed Energy Systems; and $250,000 for 

the Eastern Nevada Landscape Coalition for biomass restoration 

and science-based restoration. 

1179

Section 133. The conferees have included additional funding in 

specified amounts for certain Army Corps of Engineers Construction, General, projects, including, for the Red River Below Denison 

Dam, Arkansas, project, $1,250,000; for the Red River Red River 

Emergency, Arkansas, project, $1,750,000; for the Napa River, 

California, project, $2,750,000; for the Chicago Shoreline, Illinois, 

project, $1,000,000; for the McCook and Thornton Reservoirs, Illinois, project, $1,000,000; for the Inner Harbor Navigation Canal 

Lock, project, $1,000,000; Fort Peck Fish Hatchery, Montana, 

$1,000,000; for the Passaic River Streambank Restoration (Minish 

Park), New Jersey, project, $1,000,000; and for the Grand Forks—

East Grand Forks, MN, project, $3,000,000. 

Section 135. The conferees agree to extend the Pre-Disaster 

Mitigation Program authorization by one year to December 31, 

2004. 

Section 136. The conferees agree to extend the National Flood 

Insurance Program authorization by six months to June 30, 2004. 

Section 137. The conference agreement includes a provision 

that modifies the Maritime Transportation Security Act of 2002 as 

it relates to fishing agreements.

The conference agreement includes technical corrections to the 

fiscal year 2004 Interior and Related Agencies Appropriations Act, 

Public Law 108–108, related to two statutory citations in the Bureau of Indian Affairs ‘‘Construction’’ account. 

The conference agreement includes technical corrections to the 

Congaree National Park Boundary Revision in Public Law 94–545, 

to retain the current classification of the park under section 162 of 

the Clean Air Act and to change the name of the Congaree Swamp 

National Monument Wilderness to the ‘‘Congaree National Park 

Wilderness’’. 

The conference agreement includes a technical correction to 

section 123 of the fiscal year 2004 Interior and Related Agencies 

Appropriations Act, Public Law 108–108, to ensure that the National Park Service can provide a grant to the Shenandoah Valley 

Battlefield Foundation for continued land acquisition in the Shenandoah Valley Battlefields National Historic District. 

The conference agreement includes a provision setting a November 18, 2007, date for the termination of the Delaware and Lehigh National Heritage Corridor Commission. 

The conference agreement corrects a citation in Title IV of the 

fiscal year 2004 Interior and Related Agencies Appropriations Act, 

Public Law 108–108. 

The conference agreement includes a provision reallocating certain funds provided to the Indian Health Service for alcohol control, enforcement, prevention, treatment, sobriety and wellness, 

and education in Alaska. 

The conference agreement includes technical corrections to section 344 of the fiscal year 2004 Interior and Related Agencies Appropriations Act, Public Law 108–108: (1) clarifying that the across 

the board reduction to accounts in the Act does not apply to emergency requirements pursuant to section 502 of H. Con. Res. 95 

(108th Congress), the concurrent budget resolution on the budget 

for fiscal year 2004, and (2) allowing the Secretary of the Interior 

to use her discretion in applying the reduction within the Indian 

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Land and Water Claim Settlements and Miscellaneous Payments 

to Indians account. 

The conference agreement establishes the Theodore Roosevelt 

National Wildlife Refuge in Mississippi; authorizes the construction, by the U.S. Army Corps of Engineers, of an education center 

on the refuge; changes the name of the Bogue Phalia Unit of the 

Yazoo National Wildlife Refuge to the ‘‘Holt Collier National Wildlife Refuge’’; and changes the name of the Central Mississippi National Wildlife Refuge Complex to the ‘‘Theodore Roosevelt National 

Wildlife Refuge Complex’’. 

The conference agreement amends section 386 of the Energy 

Policy Act of 2003 to permit the consideration of an option providing a loan guarantee for a liquefied natural gas transportation 

project in Alaska. 

The conference agreement amends the Alaska National Interest Lands Conservation Act to authorize the use of funds to pay 

certain expenses after the death of certain Department of the Interior employees in Alaska. 

The conference agreement establishes the Office of Native Hawaiian Relations within the Office of the Secretary of the Interior 

and appropriates $100,000 for that office. 

The conference agreement permits the Assiniboine and Sioux 

tribes of the Fort Peck Indian Reservation in Montana to lease tribally owned land for interstate natural gas pipelines. 

The conference agreement authorizes the National Park Service to purchase, from willing sellers, Fern Lake and its surrounding 

watershed, approximately 4,500 acres, for inclusion in the Cumberland Gap National Historical Park. This will ensure the protection of Fern Lake as the sole water source for the city of 

Middlesboro, Kentucky. 

The Smithsonian Institution should continue planning, administration and other activities required for the establishment of the 

National Museum of African-American History and Culture. The 

Smithsonian Institution should use General Service Administration 

consulting contracts to help evaluate the four sites under consideration. 

Sec. 151 authorizes the Attending Physician to Congress to 

have authority and responsibility for overseeing and coordinating 

the use of medical assets in response to a bioterrorism event and 

other medical contingencies or public health emergencies. 

Sec. 152 authorizes the Architect of the Capitol to lease any 

portion of the real property located at 449 South Capitol Street 

Southwest, DC for the use of the United States Capitol Police. 

Sec. 153 establishes the United States Senate-China Interparliamentary Group. 

Sec. 154 establishes the United States Senate-Russia Interparliamentary Group. 

Sec. 155 is a provision regarding the expenses of the Chaplain 

of the Senate.

Sec. 157. Pension Plan Parity.—The conference agreement includes a provision directing the Pension Benefit Guaranty Corporation to restore certain guaranteed pension benefits. Neither the 

House nor the Senate bills contained these provisions. 

1181

VISION REHABILITATION

The Secretary of the Department of Health and Human Services is directed to carry out a nationwide outpatient vision rehabilitation services demonstration project. The purpose of this demonstration project is to examine the impact of standardized national coverage for vision rehabilitation services provided in the 

home by physicians, occupational therapists and certified vision rehabilitation teachers. 

This demonstration project should be conducted over a period 

of five years beginning July 1, 2004. The Secretary shall expend 

from available funds appropriated to him in FY 2004, including 

transfers authorized under existing authorities from the Federal 

Supplementary Insurance Trust Fund, an amount not to exceed $2 

million for FY 2004 to carry out this demonstration project. 

Sec. 158. The conference agreement includes a general provision, which appropriates $9,692,000 to the Department of Defense 

Family Housing Improvement Fund and offsets the appropriation 

with a rescission in the same amount from the ‘‘Foreign Currency 

Fluctuations, Construction, Defense’’ account. 

Sec. 159. The conferees agree to provide an additional amount 

of $1,000,000,000 for requirements payments to states under the 

Help America Vote Act. 

Sec. 160 designates the courthouse at 333 Lomas Boulevard in 

New Mexico as the ‘‘Pete V. Domenici United States Courthouse.’’

Sec. 161 requires the Director, Office of Management and 

Budget to consult with Alaska Native corporations on the same 

basis as Indian tribes under Executive Order 13175. 

Sec. 162 provides a total of $50,000,000 from the highway trust 

fund for the reconstruction of the Treasure Island Bridge in Florida 

and for plaza design and road improvements at the John F. Kennedy Center in Washington, D.C.

Sec. 163 extends the Japanese Imperial Government Disclosure Act for one additional year. 

Cash balance plans.—The conference agreement on the Departments of Transportation and Treasury, and Independent Agencies 

Appropriations Act, 2004 directs the Secretary of the Treasury to 

prepare a legislative proposal that would provide transition relief 

to older and longer service participants affected by conversions 

from traditional defined benefit plans to cash balance plans. The 

conference agreement also prohibits the use of funds to complete 

certain regulations pending at the Treasury Department. The purpose of this prohibition is not to call into question the validity of 

hybrid pension plan designs (cash balance and pension equity). The 

purpose of the prohibition is to preserve the status quo with respect to conversions through the entirety of fiscal year 2004 while 

the applicable committees of jurisdiction review the Treasury Department’s legislative proposals. 

Sec. 164. The conference agreement includes a provision related to the distribution of certain Department of Housing and 

Urban Development block grant funds to Alaska Native recipients. 

Sec. 168. The conference agreement includes a rescission of 

$1,800,000,000 of funds made available to the Department of Defense and made available in P.L. 107–38 and P.L. 107–117, as well 

1182

as a 0.59 percent across-the-board rescission to discretionary budgetary resources provided in fiscal year 2004 regular appropriations 

Acts (except Defense and Military Construction), as well as to any 

previously enacted fiscal year 2004 advance appropriation.

BILL YOUNG, 

RALPH REGULA, 

JERRY LEWIS, 

FRANK R. WOLF

(except for section 617 of Division B), 

JAMES T. WALSH, 

DAVE HOBSON, 

HENRY BONILLA, 

JACK KINGSTON, 

RODNEY P. FRELINGHUYSEN, 

GEORGE R. NETHERCUTT, Jr., 

TOM LATHAM, 

VIRGIL GOODE, 

RAY LAHOOD, 

JOHN P. MURTHA, 

Managers on the Part of the House.

TED STEVENS, THAD COCHRAN, ARLEN SPECTER, PETE V. DOMENICI, CHRISTOPHER BOND, MITCH MCCONNELL, CONRAD BURNS, RICHARD C. SHELBY, JUDD GREGG, ROBERT F. BENNETT, 

BEN NIGHTHORSE CAMPBELL, LARRY E. CRAIG, 

KAY BAILEY HUTCHISON, MIKE DEWINE, SAM BROWNBACK, DANIEL K. INOUYE, TOM HARKIN, Managers on the Part of the Senate.

Æ