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

[DOCID: f:publ199.108]

[[Page 118 STAT. 3]]

Public Law 108-199
108th Congress

                                 An Act

 
Making appropriations for Agriculture, Rural Development, Food and Drug 
    Administration, and Related Agencies for the fiscal year ending 
      September 30, 2004, and for other purposes. <<NOTE: Jan. 23, 
                         2003 -  [H.R. 2673]>> 

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

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

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

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

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

          DIVISION C--DISTRICT OF COLUMBIA APPROPRIATIONS, 2004

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

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

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

[[Page 118 STAT. 4]]

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

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

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

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

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

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

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

          DIVISION H--MISCELLANEOUS APPROPRIATIONS AND OFFSETS

SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.

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

 DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food 
   and Drug Administration, and Related Agencies Appropriations Act, 
  2004.>> RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2004

                                 An Act

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

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

[[Page 118 STAT. 5]]

                                 TITLE I

                          AGRICULTURAL PROGRAMS

                  Production, Processing, and Marketing

                         Office of the Secretary

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

                          Executive Operations

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

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

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

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

                 Office of the Chief Information Officer

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

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

[[Page 118 STAT. 6]]

                  Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

          Office of the Assistant Secretary for Administration

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

        Agriculture Buildings and Facilities and Rental Payments

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

                     Hazardous Materials Management

    For necessary expenses of the Department of Agriculture, to comply 
with the Comprehensive Environmental Response, Compensation, and 
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and 
Recovery Act (42 U.S.C. 6901 et seq.),

[[Page 118 STAT. 7]]

$15,611,000, to remain available until expended: Provided, That 
appropriations and funds available herein to the Department for 
Hazardous Materials Management may be transferred to any agency of the 
Department for its use in meeting all requirements pursuant to the above 
Acts on Federal and non-Federal lands.

                       Departmental Administration

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

      Office of the Assistant Secretary for Congressional Relations

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

                        Office of Communications

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

                     Office of the Inspector General

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

[[Page 118 STAT. 8]]

to be expended under the direction of the Inspector General pursuant to 
Public Law 95-452 and section 1337 of Public Law 97-98.

                      Office of the General Counsel

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

   Office of the Under Secretary for Research, Education and Economics

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

                        Economic Research Service

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

                National Agricultural Statistics Service

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

                      Agricultural Research Service

    For necessary expenses to enable the Agricultural Research Service 
to perform agricultural research and demonstration relating to 
production, utilization, marketing, and distribution (not otherwise 
provided for); home economics or nutrition and consumer use including 
the acquisition, preservation, and dissemination of agricultural 
information; and for acquisition of lands by donation, exchange, or 
purchase at a nominal cost not to exceed $100, and for land exchanges 
where the lands exchanged shall be of equal value or shall be equalized 
by a payment of money to the grantor which shall not exceed 25 percent 
of the total value of the land or interests transferred out of Federal 
ownership, $1,088,892,000: Provided, That <<NOTE: 7 USC 
2254.>> appropriations hereunder shall be available for the operation 
and maintenance of aircraft and the purchase of not to exceed one for 
replacement only: Provided further, That appropriations hereunder shall 
be available pursuant to 7 U.S.C. 2250 for the construction, alteration, 
and repair of buildings and improvements, but unless otherwise provided, 
the cost of constructing any one building shall not exceed $375,000, 
except for headhouses or greenhouses which shall each be limited to 
$1,200,000, and except

[[Page 118 STAT. 9]]

for 10 buildings to be constructed or improved at a cost not to exceed 
$750,000 each, and the cost of altering any one building during the 
fiscal year shall not exceed 10 percent of the current replacement value 
of the building or $375,000, whichever is greater: Provided further, 
That the limitations on alterations contained in this Act shall not 
apply to modernization or replacement of existing facilities 
at <<NOTE: Maryland.>> Beltsville, Maryland: Provided further, That 
appropriations hereunder shall be available for granting easements at 
the Beltsville Agricultural Research Center: Provided further, That the 
foregoing limitations shall not apply to replacement of buildings needed 
to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided 
further, That funds may be received from any State, other political 
subdivision, organization, or individual for the purpose of establishing 
or operating any research facility or research project of the 
Agricultural Research Service, as authorized by law: Provided further, 
That <<NOTE: Colorado State University.>> all rights and title of the 
United States in the 1.0664-acre parcel of land including improvements, 
as recorded at Book 1320, Page 253, records of Larimer County, State of 
Colorado, shall be conveyed to the Board of Governors of the Colorado 
State University for the benefit of Colorado State University.

    None of the funds appropriated under this heading shall be available 
to carry out research related to the production, processing or marketing 
                     of tobacco or tobacco products.

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

      Cooperative State Research, Education, and Extension Service

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

[[Page 118 STAT. 10]]

remain available until expended; for rangeland research grants (7 U.S.C. 
3333), $900,000; for higher education graduate fellowship grants (7 
U.S.C. 3152(b)(6)), $2,900,000, to remain available until expended (7 
U.S.C. 2209b); for higher education challenge grants (7 U.S.C. 
3152(b)(1)), $4,888,000; for a higher education multicultural scholars 
program (7 U.S.C. 3152(b)(5)), $992,000, to remain available until 
expended (7 U.S.C. 2209b); for an education grants program for Hispanic-
serving Institutions (7 U.S.C. 3241), $4,673,000; for noncompetitive 
grants for the purpose of carrying out all provisions of 7 U.S.C. 3242 
(section 759 of Public Law 106-78) to individual eligible institutions 
or consortia of eligible institutions in Alaska and in Hawaii, with 
funds awarded equally to each of the States of Alaska and Hawaii, 
$3,150,000; for a secondary agriculture education program and 2-year 
post-secondary education (7 U.S.C. 3152(j)), $895,000; for aquaculture 
grants (7 U.S.C. 3322), $4,024,000; for sustainable agriculture research 
and education (7 U.S.C. 5811), $12,295,000; for a program of capacity 
building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive 
funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), 
including Tuskegee University and West Virginia State College, 
$11,479,000, to remain available until expended (7 U.S.C. 2209b); for 
payments to the 1994 Institutions pursuant to section 534(a)(1) of 
Public Law 103-382, $1,689,000; and for necessary expenses of Research 
and Education Activities, $37,704,000.
    None of the funds appropriated under this heading shall be available 
to carry out research related to the production, processing or marketing 
of tobacco or tobacco products: Provided, That this paragraph shall not 
apply to research on the medical, biotechnological, food, and industrial 
                            uses of tobacco.

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

    For payments to States, the District of Columbia, Puerto Rico, Guam, 
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa, 
$441,731,000, as follows: payments for cooperative extension work under 
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of 
said Act, and under section 208(c) of Public Law 93-471, for retirement 
and employees' compensation costs for extension agents, $279,390,000; 
payments for extension work at the 1994 Institutions under the Smith-
Lever Act (7 U.S.C. 343(b)(3)), $2,946,000; payments for the nutrition 
and family education program for low-income areas under section 3(d) of 
the Act, $52,366,000; payments for the pest management program under 
section 3(d) of the Act, $9,620,000; payments for the farm safety 
program under section 3(d) of the Act, $4,940,000; payments to upgrade 
research, extension, and teaching facilities at the 1890 land-grant 
colleges, including Tuskegee University and West Virginia State College, 
as authorized by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), 
$15,000,000, to remain available until expended; payments for youth-at-
risk programs under section 3(d) of the Smith-Lever Act, $7,583,000; for 
youth farm safety education and certification extension grants, to be 
awarded competitively under section 3(d) of the Act, $446,000; payments 
for carrying

[[Page 118 STAT. 11]]

out the provisions of the Renewable Resources Extension Act of 1978 (16 
U.S.C. 1671 et seq.), $4,064,000; payments for Indian reservation agents 
under section 3(d) of the Smith-Lever Act, $1,785,000; payments for 
sustainable agriculture programs under section 3(d) of the Act, 
$4,359,000; payments for rural health and safety education as authorized 
by section 502(i) of Public Law 92-419 (7 U.S.C. 2662(i)), $2,345,000; 
payments for cooperative extension work by the colleges receiving the 
benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) and 
Tuskegee University and West Virginia State College, $31,908,000, of 
which $1,724,884 shall be made available only for the purpose of 
ensuring that each institution shall receive no less than $1,000,000; 
for grants to youth organizations pursuant to section 7630 of title 7, 
United States Code, $2,683,000; and for necessary expenses of Extension 
                        Activities, $22,296,000.

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

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

   Office of the Under Secretary for Marketing and Regulatory Programs

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

[[Page 118 STAT. 12]]

               Animal and Plant Health Inspection Service

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

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

[[Page 118 STAT. 13]]

                     Agricultural Marketing Service

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

    Fees may be collected for the cost of standardization activities, as 
       established by regulation pursuant to law (31 U.S.C. 9701).

    Not to exceed $62,577,000 (from fees collected) shall be obligated 
during the current fiscal year for administrative expenses: 
Provided, <<NOTE: Notification. Funds for Strengthening Markets, Income, 
and Supply (Section 32) (including transfers of funds)>> That if crop 
size is understated and/or other uncontrollable events occur, the agency 
may exceed this limitation by up to 10 percent with notification to the 
        Committees on Appropriations of both Houses of Congress.

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

    For payments to departments of agriculture, bureaus and departments 
of markets, and similar agencies for marketing activities under section 
204(b) of the Agricultural Marketing Act of 1946

[[Page 118 STAT. 14]]

(7 U.S.C. 1623(b)), $3,338,000, of which not less than $2,000,000 shall 
be used to make noncompetitive grants under this heading.

         Grain Inspection, Packers and Stockyards Administration

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

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

              Office of the Under Secretary for Food Safety

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

                   Food Safety and Inspection Service

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

[[Page 118 STAT. 15]]

Office of the Under Secretary for Farm and Foreign Agricultural Services

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

                           Farm Service Agency

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

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

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

    For gross obligations for the principal amount of direct and 
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25 
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from 
funds in the Agricultural Credit Insurance Fund, as follows: farm 
ownership loans, $1,079,158,000, of which $950,000,000 shall be for 
guaranteed loans and $129,158,000 shall be for direct loans; operating 
loans, $2,083,752,000, of which $1,200,000,000 shall be for unsubsidized 
guaranteed loans, $266,249,000 shall be for subsidized guaranteed loans 
and $617,503,000 shall be for direct loans; Indian tribe land 
acquisition loans, $2,000,000; and for boll weevil eradication program 
loans, $100,000,000.

[[Page 118 STAT. 16]]

    For the cost of direct and guaranteed loans, including the cost of 
modifying loans as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: farm ownership loans, $33,648,000, of which 
$5,130,000 shall be for guaranteed loans, and $28,518,000 shall be for 
direct loans; operating loans, $163,004,000, of which $39,960,000 shall 
be for unsubsidized guaranteed loans, $34,000,000 shall be for 
subsidized guaranteed loans, and $89,044,000 shall be for direct loans.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $290,968,000, of which $283,020,000 
shall be transferred to and merged with the appropriation for ``Farm 
Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance 
Program Account for farm ownership and operating direct loans and 
guaranteed loans may be transferred among these programs: 
Provided, <<NOTE: Notification. Deadline.>> That the Committees on 
Appropriations of both Houses of Congress are notified at least 15 days 
in advance of any transfer.

                         Risk Management Agency

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

                              CORPORATIONS

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

                 Federal Crop Insurance Corporation Fund

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

                    Commodity Credit Corporation Fund

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

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

[[Page 118 STAT. 17]]

cleanup expenses, and operations and maintenance expenses to comply with 
the requirement of section 107(g) of the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 
6961).

                                TITLE II

                          CONSERVATION PROGRAMS

   Office of the Under Secretary for Natural Resources and Environment

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

                 Natural Resources Conservation Service

    For necessary expenses for carrying out the provisions of the Act of 
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation 
plans and establishment of measures to conserve soil and water 
(including farm irrigation and land drainage and such special measures 
for soil and water management as may be necessary to prevent floods and 
the siltation of reservoirs and to control agricultural related 
pollutants); operation of conservation plant materials centers; 
classification and mapping of soil; dissemination of information; 
acquisition of lands, water, and interests therein for use in the plant 
materials program by donation, exchange, or purchase at a nominal cost 
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
428a); purchase and erection or alteration or improvement of permanent 
and temporary buildings; and operation and maintenance of aircraft, 
$853,004,000, to remain available until expended (7 U.S.C. 2209b), of 
which not less than $9,250,000 is for snow survey and water forecasting, 
and not less than $11,500,000 is for operation and establishment of the 
plant materials centers, and of which not less than $23,500,000 shall be 
for the grazing lands conservation initiative: Provided, That 
appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 
for construction and improvement of buildings and public improvements at 
plant materials centers, except that the cost of alterations and 
improvements to other buildings and other public improvements shall not 
exceed $250,000: Provided further, That when buildings or other 
structures are erected on non-Federal land, that the right to use such 
land is obtained as provided in 7 U.S.C. 2250a: Provided further, That 
this appropriation shall be available for technical assistance and 
related expenses to carry out programs authorized by section 202(c) of 
title II of the Colorado River Basin Salinity Control Act of 1974 (43 
U.S.C. 1592(c)): Provided further, That qualified local engineers may be 
temporarily employed at per diem rates to perform the technical planning 
work of the Service: Provided further, That none of the funds made 
available under this paragraph by this or any other appropriations Act 
may be used to provide technical assistance

[[Page 118 STAT. 18]]

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

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

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

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

    For necessary expenses in planning and carrying out projects for 
resource conservation and development and for sound land use pursuant to 
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant 
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16 
U.S.C. 590a-f); and subtitle H of title

[[Page 118 STAT. 19]]

XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461), 
$51,947,000, to remain available until expended: Provided, That none of 
the funds made available under this paragraph by this or any other 
appropriations Act may be used to provide technical assistance with 
respect to programs listed in section 1241(a) of the Food Security Act 
of <<NOTE: Contracts.>> 1985 (16 U.S.C. 3841(a)): Provided further, That 
the Secretary shall enter into a cooperative or contribution agreement 
with a national association regarding a Resource Conservation and 
Development program and such agreement shall contain the same matching, 
contribution requirements, and funding level, set forth in a similar 
cooperative or contribution agreement with a national association in 
fiscal year 2002: Provided further, That not to exceed $3,504,300, the 
same amount as in the budget, shall be available for national 
headquarters activities.

                                TITLE III

                       RURAL DEVELOPMENT PROGRAMS

           Office of the Under Secretary for Rural Development

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

    For the cost of direct loans, loan guarantees, and grants, as 
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for 
sections 381E-H and 381N of the Consolidated Farm and Rural Development 
Act, $757,425,000, to remain available until expended, of which 
$75,919,000 shall be for rural community programs described in section 
381E(d)(1) of such Act; of which $605,006,000 shall be for the rural 
utilities programs described in sections 381E(d)(2), 306C(a)(2), and 
306D of such Act, of which not to exceed $500,000 shall be available for 
the rural utilities program described in section 306(a)(2)(B) of such 
Act, and of which not to exceed $1,000,000 shall be available for the 
rural utilities program described in section 306E of such Act; and of 
which $76,500,000 shall be for the rural business and cooperative 
development programs described in sections 381E(d)(3) and 310B(f) of 
such Act: Provided, That of the amount appropriated for rural business 
and cooperative development programs, $100,000 shall be for a pilot 
program in the State of Alaska to assist communities with community 
planning: Provided further, That of the total amount appropriated in 
this account, $24,000,000 shall be for loans and grants to benefit 
federally recognized Native American tribes, including grants for 
drinking water and waste disposal systems pursuant to section 306C of 
such Act, of which $4,000,000 shall be available for community 
facilities grants to tribal colleges, as authorized by section 
306(a)(19) of the Consolidated Farm and Rural Development Act, and of 
which $250,000 shall be available for a grant to a qualified national 
organization to provide technical assistance for rural transportation in 
order to promote economic development:

[[Page 118 STAT. 20]]

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

[[Page 118 STAT. 21]]

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

                 Rural Development Salaries and Expenses

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

                          Rural Housing Service

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by title V of the Housing Act of 1949, to 
be available from funds in the rural housing insurance fund, as follows: 
$4,091,634,000 for loans to section 502 borrowers, as determined by the 
Secretary, of which $1,366,462,000 shall be for direct loans, and of 
which $2,725,172,000 shall be for unsubsidized guaranteed loans; 
$35,004,000 for section 504 housing repair loans; $116,545,000 for 
section 515 rental housing; $100,000,000 for section 538 guaranteed 
multi-family housing loans; $5,045,000 for section 524 site loans; 
$11,500,000 for credit sales of acquired property, of which up to 
$1,500,000 may be for multi-family credit sales; and $2,400,000 for 
section 523 self-help housing land development loans.
    For the cost of direct and guaranteed loans, including the cost of 
modifying loans, as defined in section 502 of the Congressional Budget 
Act of 1974, as follows: section 502 loans,

[[Page 118 STAT. 22]]

$165,921,000, of which $126,018,000 shall be for direct loans, and of 
which $39,903,000, to remain available until expended, shall be for 
unsubsidized guaranteed loans; section 504 housing repair loans, 
$9,612,000; section 515 rental housing, $50,126,000; section 538 multi-
family housing guaranteed loans, $5,950,000; multi-family credit sales 
of acquired property, $663,000; and section 523 self-help housing land 
development loans, $75,000: Provided, That of the total amount 
appropriated in this paragraph, $7,100,000 shall be available through 
June 30, 2004, for authorized empowerment zones and enterprise 
communities and communities designated by the Secretary of Agriculture 
as Rural Economic Area Partnership Zones.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $443,302,000, which shall be 
transferred to and merged with the appropriation for ``Rural 
                  Development, Salaries and Expenses''.

    For rental assistance agreements entered into or renewed pursuant to 
the authority under section 521(a)(2) or agreements entered into in lieu 
of debt forgiveness or payments for eligible households as authorized by 
section 502(c)(5)(D) of the Housing Act of 1949, $584,000,000; and, in 
addition, such sums as may be necessary, as authorized by section 521(c) 
of the Act, to liquidate debt incurred prior to fiscal year 1992 to 
carry out the rental assistance program under section 521(a)(2) of the 
Act: Provided, That of this amount, not more than $5,900,000 shall be 
available for debt forgiveness or payments for eligible households as 
authorized by section 502(c)(5)(D) of the Act, and not to exceed $20,000 
per project for advances to nonprofit organizations or public agencies 
to cover direct costs (other than purchase price) incurred in purchasing 
projects pursuant to section 502(c)(5)(C) of the Act: Provided 
further, <<NOTE: Contracts. Mutual and Self-Help Housing Grants>> That 
agreements entered into or renewed during the current fiscal year shall 
be funded for a 4-year period: Provided further, That any unexpended 
balances remaining at the end of such 4-year agreements may be 
transferred and used for the purposes of any debt reduction; 
maintenance, repair, or rehabilitation of any existing projects; 
preservation; and rental assistance activities authorized under title V 
                               of the Act.

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

    For grants and contracts for very low-income housing repair, 
supervisory and technical assistance, compensation for construction 
defects, and rural housing preservation made by the Rural Housing 
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m, 
$46,222,000, to remain available until expended, of which

[[Page 118 STAT. 23]]

$5,000,000 shall be available for a processing and/or fishery workers 
housing demonstration project in Alaska, Mississippi, Utah, and 
Wisconsin: Provided, That of the total amount appropriated, $1,800,000 
shall be available through June 30, 2004, for authorized empowerment 
zones and enterprise communities and communities designated by the 
   Secretary of Agriculture as Rural Economic Area Partnership Zones.

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

                   Rural Business--Cooperative Service

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

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

[[Page 118 STAT. 24]]

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

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

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

                         Rural Utilities Service

    Insured loans pursuant to the authority of section 305 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 
percent rural electrification loans, $240,000,000; municipal rate rural 
electric loans, $1,000,000,000; loans made pursuant to section 306 of 
that Act, rural electric, $2,000,000,000; Treasury rate direct electric 
loans, $750,000,000; 5 percent rural telecommunications loans, 
$145,000,000; cost of money rural telecommunications loans, 
$250,000,000; loans made pursuant to section 306 of that Act, rural 
telecommunications loans, $120,000,000; and for guaranteed underwriting 
loans pursuant to section 313A, $1,000,000,000.
    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, including the cost of modifying loans, of direct

[[Page 118 STAT. 25]]

and guaranteed loans authorized by sections 305 and 306 of the Rural 
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of 
rural electric loans, $60,000, and the cost of telecommunication loans, 
$125,000: Provided, That notwithstanding section 305(d)(2) of the Rural 
Electrification Act of 1936, borrower interest rates may exceed 7 
percent per year.
    In addition, for administrative expenses necessary to carry out the 
direct and guaranteed loan programs, $37,853,000 which shall be 
transferred to and merged with the appropriation for ``Rural 
                  Development, Salaries and Expenses''.

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

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

[[Page 118 STAT. 26]]

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

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

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

                       Food and Nutrition Service

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

    For necessary expenses to carry out the special supplemental 
nutrition program as authorized by section 17 of the Child Nutrition Act 
of 1966 (42 U.S.C. 1786), $4,639,232,000, to remain available through 
September 30, 2005: Provided, That of the total amount available, the 
Secretary shall obligate not less than $15,000,000 for a breastfeeding 
support initiative in addition to the activities specified in section 
17(h)(3)(A) and up to $25,000,000 for a management information system 
initiative upon a determination by the Secretary that funds are 
available to meet caseload requirements: Provided further, That up to 
$4,000,000 shall be available for pilot projects to prevent childhood 
obesity upon a determination by the Secretary that funds are available 
to meet caseload requirements: Provided further, That of the total 
amount available, the Secretary shall obligate $23,000,000 for the 
farmers' market nutrition program: Provided further, That 
notwithstanding section 17(h)(10)(A) of such Act, $14,000,000 shall be 
available for the purposes specified in section 17(h)(10)(B): Provided 
further, That none of the funds made available under this heading shall 
be used for studies and evaluations: Provided further, That none of the 
funds in this Act shall be available to pay administrative expenses of 
WIC clinics

[[Page 118 STAT. 27]]

except those that have an announced policy of prohibiting smoking within 
the space used to carry out the program: Provided further, That none of 
the funds provided in this account shall be available for the purchase 
of infant formula except in accordance with the cost containment and 
competitive bidding requirements specified in section 17 of such Act: 
Provided further, That none of the funds provided shall be available for 
activities that are not fully reimbursed by other Federal Government 
  departments or agencies unless authorized by section 17 of such Act.

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

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

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

[[Page 118 STAT. 28]]

                                 TITLE V

                 FOREIGN ASSISTANCE AND RELATED PROGRAMS

                      Foreign Agricultural Service

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

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of agreements under the Agricultural Trade Development and 
Assistance Act of 1954, and the Food for Progress Act of 1985, including 
the cost of modifying credit arrangements under said Acts, $103,887,000, 
to remain available until expended.
    In addition, for administrative expenses to carry out the credit 
program of title I, Public Law 83-480, and the Food for Progress Act of 
1985, to the extent funds appropriated for Public Law 83-480 are 
utilized, $2,134,000, of which $1,075,000 may be transferred to and 
merged with the appropriation for ``Foreign Agricultural Service, 
Salaries and Expenses'', and of which $1,059,000 may be transferred to 
and merged with the appropriation for ``Farm Service Agency, Salaries 
                             and Expenses''.

    For ocean freight differential costs for the shipment of 
agricultural commodities under title I of the Agricultural Trade 
Development and Assistance Act of 1954 and under the Food for Progress 
Act of 1985, $28,000,000, to remain available until expended: 
Provided, <<NOTE: Notification. Public Law 480 Title II Grants>> That 
funds made available for the cost of agreements under title I of the 
Agricultural Trade Development and Assistance Act of 1954 and for title 
I ocean freight differential may be used interchangeably between the two 
accounts with prior notice to the Committees on Appropriations of both 
Houses of Congress.

[[Page 118 STAT. 29]]

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

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

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

                                TITLE VI

            RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

    For necessary expenses of the Food and Drug Administration, 
including hire and purchase of passenger motor vehicles; for payment of 
space rental and related costs pursuant to Public Law 92-313 for 
programs and activities of the Food and Drug Administration which are 
included in this Act; for rental of special purpose space in the 
District of Columbia or elsewhere; for miscellaneous and emergency 
expenses of enforcement activities, authorized and approved by the 
Secretary and to be accounted for solely on the Secretary's certificate, 
not to exceed $25,000; and notwithstanding section 521 of Public Law 
107-188; $1,673,441,000: Provided, That of the amount provided under 
this heading, $249,825,000 shall be derived from prescription drug user 
fees authorized by 21 U.S.C. 379h, and shall be credited to this account 
and remain available until expended; $31,654,000 shall be derived from 
medical device

[[Page 118 STAT. 30]]

user fees authorized by 21 U.S.C. 379j, and shall be credited to this 
account and remain available until expended; and $5,000,000 shall be 
derived from animal drug user fees (subject to enactment of legislation 
authorizing such fees), and shall be credited to this account and remain 
available until expended: Provided further, That fees derived from 
prescription drug, medical device, and animal drug assessments received 
during fiscal year 2004, including any such fees assessed prior to the 
current fiscal year but credited during the current year, shall be 
subject to the fiscal year 2004 limitation: Provided further, That none 
of these funds shall be used to develop, establish, or operate any 
program of user fees authorized by 31 U.S.C. 9701: Provided further, 
That of the total amount appropriated: (1) $413,112,000 shall be for the 
Center for Food Safety and Applied Nutrition and related field 
activities in the Office of Regulatory Affairs; (2) $477,966,000 shall 
be for the Center for Drug Evaluation and Research and related field 
activities in the Office of Regulatory Affairs; (3) $169,429,000 shall 
be for the Center for Biologics Evaluation and Research and for related 
field activities in the Office of Regulatory Affairs; (4) $89,396,000 
shall be for the Center for Veterinary Medicine and for related field 
activities in the Office of Regulatory Affairs; (5) $209,420,000 shall 
be for the Center for Devices and Radiological Health and for related 
field activities in the Office of Regulatory Affairs; (6) $39,887,000 
shall be for the National Center for Toxicological Research; (7) 
$39,276,000 shall be for Rent and Related activities, other than the 
amounts paid to the General Services Administration for rent; (8) 
$119,594,000 shall be for payments to the General Services 
Administration for rent; and (9) $115,361,000 shall be for other 
activities, including the Office of the Commissioner; the Office of 
Management and Systems; the Office of External Relations; the Office of 
Policy and Planning; and central services for these offices: Provided 
further, That funds may be transferred from one specified activity to 
another with the prior approval of the Committees on Appropriations of 
both Houses of Congress.
    In addition, mammography user fees authorized by 42 U.S.C. 263b may 
be credited to this account, to remain available until expended.
    In addition, export certification user fees authorized by 21 U.S.C. 
381 may be credited to this account, to remain available until expended.

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

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

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

[[Page 118 STAT. 31]]

                       Farm Credit Administration

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

                      TITLE VII--GENERAL PROVISIONS

    Sec. 701. Within the unit limit of cost fixed by law, appropriations 
and authorizations made for the Department of Agriculture for the 
current fiscal year under this Act shall be available for the purchase, 
in addition to those specifically provided for, of not to exceed 398 
passenger motor vehicles, of which 396 shall be for replacement only, 
and for the hire of such vehicles.
    Sec. 702. Funds in this Act available to the Department of 
Agriculture shall be available for uniforms or allowances therefor as 
authorized by law (5 U.S.C. 5901-5902).
    Sec. 703. Funds appropriated by this Act shall be available for 
employment pursuant to the second sentence of section 706(a) of the 
Department of Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 
U.S.C. 3109.
    Sec. 704. The Secretary of Agriculture may transfer unobligated 
balances of discretionary funds appropriated by this Act or other 
available unobligated discretionary balances of the Department of 
Agriculture to the Working Capital Fund for the acquisition of plant and 
capital equipment necessary for the delivery of financial, 
administrative, and information technology services of primary benefit 
to the agencies of the Department of Agriculture: Provided, That none of 
the funds made available by this Act or any other Act shall be 
transferred to the Working Capital Fund without the prior approval of 
the agency administrator: Provided further, That none of the funds 
transferred to the Working Capital Fund pursuant to this section shall 
be available for obligation without the prior approval of the Committees 
on Appropriations of both Houses of Congress.
    Sec. 705. <<NOTE: 7 USC 2209b.>> New obligational authority provided 
for the following appropriation items in this Act shall remain available 
until expended: Animal and Plant Health Inspection Service, the 
contingency fund to meet emergency conditions, information technology 
infrastructure, fruit fly program, emerging plant pests, boll weevil 
program, and up to 25 percent of the screwworm program; Food Safety and 
Inspection Service, field automation and information management project; 
Cooperative State Research, Education, and Extension Service, funds for 
competitive research grants (7 U.S.C. 450i(b)), funds for the Research, 
Education, and Economics Information System (REEIS), and funds for the 
Native American Institutions Endowment Fund; Farm Service Agency, 
salaries and expenses funds made available to county committees; Foreign 
Agricultural Service, middle-income country training program and up to 
$2,000,000 of the Foreign Agricultural Service appropriation solely for 
the purpose of offsetting fluctuations in international currency 
exchange rates, subject to documentation by the Foreign Agricultural 
Service.

[[Page 118 STAT. 32]]

    Sec. 706. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 707. Not to exceed $50,000 of the appropriations available to 
the Department of Agriculture in this Act shall be available to provide 
appropriate orientation and language training pursuant to section 606C 
of the Act of August 28, 1954 (7 U.S.C. 1766b).
    Sec. 708. No funds appropriated by this Act may be used to pay 
negotiated indirect cost rates on cooperative agreements or similar 
arrangements between the United States Department of Agriculture and 
nonprofit institutions in excess of 10 percent of the total direct cost 
of the agreement when the purpose of such cooperative arrangements is to 
carry out programs of mutual interest between the two parties. This does 
not preclude appropriate payment of indirect costs on grants and 
contracts with such institutions when such indirect costs are computed 
on a similar basis for all agencies for which appropriations are 
provided in this Act.
    Sec. 709. None of the funds in this Act shall be available to 
restrict the authority of the Commodity Credit Corporation to lease 
space for its own use or to lease space on behalf of other agencies of 
the Department of Agriculture when such space will be jointly occupied.
    Sec. 710. None of the funds in this Act shall be available to pay 
indirect costs charged against competitive agricultural research, 
education, or extension grant awards issued by the Cooperative State 
Research, Education, and Extension Service that exceed 20 percent of 
total Federal funds provided under each award: Provided, That 
notwithstanding section 1462 of the National Agricultural Research, 
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds 
provided by this Act for grants awarded competitively by the Cooperative 
State Research, Education, and Extension Service shall be available to 
pay full allowable indirect costs for each grant awarded under section 9 
of the Small Business Act (15 U.S.C. 638).
    Sec. 711. Notwithstanding any other provision of this Act, all loan 
levels provided in this Act shall be considered estimates, not 
limitations.
    Sec. 712. Appropriations to the Department of Agriculture for the 
cost of direct and guaranteed loans made available in the current fiscal 
year shall remain available until expended to cover obligations made in 
the current fiscal year for the following accounts: the Rural 
Development Loan Fund program account, the Rural Telephone Bank program 
account, the Rural Electrification and Telecommunication Loans program 
account, the Rural Housing Insurance Fund program account, and the Rural 
Economic Development Loans program account.
    Sec. 713. None of the funds in this Act may be used to retire more 
than 5 percent of the Class A stock of the Rural Telephone Bank or to 
maintain any account or subaccount within the accounting records of the 
Rural Telephone Bank the creation of which has not specifically been 
authorized by statute: Provided, That notwithstanding any other 
provision of law, none of the funds appropriated or otherwise made 
available in this Act may be used to transfer to the Treasury or to the 
Federal Financing Bank any unobligated balance of the Rural Telephone 
Bank telephone liquidating account which is in excess of current 
requirements and

[[Page 118 STAT. 33]]

such balance shall receive interest as set forth for financial accounts 
in section 505(c) of the Federal Credit Reform Act of 1990.
    Sec. 714. Of the funds made available by this Act, not more than 
$1,800,000 shall be used to cover necessary expenses of activities 
related to all advisory committees, panels, commissions, and task forces 
of the Department of Agriculture, except for panels used to comply with 
negotiated rule makings and panels used to evaluate competitively 
awarded grants.
    Sec. 715. None of the funds appropriated by this Act may be used to 
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C. 
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C. 
471).
    Sec. 716. No employee of the Department of Agriculture may be 
detailed or assigned from an agency or office funded by this Act to any 
other agency or office of the Department for more than 30 days unless 
the individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.
    Sec. 717. None of the funds appropriated or otherwise made available 
to the Department of Agriculture shall be used to transmit or otherwise 
make available to any non-Department of Agriculture employee questions 
or responses to questions that are a result of information requested for 
the appropriations hearing process.
    Sec. 718. None of the funds made available to the Department of 
Agriculture by this Act may be used to acquire new information 
technology systems or significant upgrades, as determined by the Office 
of the Chief Information Officer, without the approval of the Chief 
Information Officer and the concurrence of the Executive Information 
Technology Investment Review Board: Provided, That notwithstanding any 
other provision of law, none of the funds appropriated or otherwise made 
available by this Act may be transferred to the Office of the Chief 
Information Officer without the prior approval of the Committees on 
Appropriations of both Houses of Congress.
    Sec. 719. (a) <<NOTE: Notifications. Deadlines.>> None of the funds 
provided by this Act, or provided by previous Appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in the current fiscal year, or provided from any accounts in 
the Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds which: (1) 
creates new programs; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes offices, programs, or 
activities; or (6) contracts out or privatizes any functions or 
activities presently performed by Federal employees; unless the 
Committees on Appropriations of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds.

    (b) None of the funds provided by this Act, or provided by previous 
Appropriations Acts to the agencies funded by this Act that remain 
available for obligation or expenditure in the current fiscal year, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or

[[Page 118 STAT. 34]]

expenditure for activities, programs, or projects through a 
reprogramming of funds in excess of $500,000 or 10 percent, whichever is 
less, that: (1) augments existing programs, projects, or activities; (2) 
reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by Congress; 
or (3) results from any general savings from a reduction in personnel 
which would result in a change in existing programs, activities, or 
projects as approved by Congress; unless the Committees on 
Appropriations of both Houses of Congress are notified 15 days in 
advance of such reprogramming of funds.
    (c) The Secretary of Agriculture, the Secretary of Health and Human 
Services, or the Chairman of the Commodity Futures Trading Commission 
shall notify the Committees on Appropriations of both Houses of Congress 
before implementing a program or activity not carried out during the 
previous fiscal year unless the program or activity is funded by this 
Act or specifically funded by any other Act.
    Sec. 720. With the exception of funds needed to administer and 
conduct oversight of grants awarded and obligations incurred in prior 
fiscal years, none of the funds appropriated or otherwise made available 
by this or any other Act may be used to pay the salaries and expenses of 
personnel to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems (7 U.S.C. 
7621).
    Sec. 721. None of the funds appropriated by this or any other Act 
shall be used to pay the salaries and expenses of personnel who prepare 
or submit appropriations language as part of the President's Budget 
submission to the Congress of the United States for programs under the 
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies that 
assumes revenues or reflects a reduction from the previous year due to 
user fees proposals that have not been enacted into law prior to the 
submission of the Budget unless such Budget submission identifies which 
additional spending reductions should occur in the event the user fees 
proposals are not enacted prior to the date of the convening of a 
committee of conference for the fiscal year 2005 appropriations Act.
    Sec. 722. None of the funds made available by this or any other Act 
may be used to close or relocate a State Rural Development office unless 
or until cost effectiveness and enhancement of program delivery have 
been determined.
    Sec. 723. In addition to amounts otherwise appropriated or made 
available by this Act, $3,000,000 is appropriated for the purpose of 
providing Bill Emerson and Mickey Leland Hunger Fellowships, as 
authorized by Public Law 108-58.
    Sec. 724. Notwithstanding section 412 of the Agricultural Trade 
Development and Assistance Act of 1954 (7 U.S.C. 1736f), any balances 
available to carry out title III of such Act as of the date of enactment 
of this Act, and any recoveries and reimbursements that become available 
to carry out title III of such Act, may be used to carry out title II of 
such Act.
    Sec. 725. <<NOTE: HIV/AIDS.>> Of any shipments of commodities made 
pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 
1431(b)), the Secretary of Agriculture shall, to the extent practicable, 
direct that tonnage equal in value to not more than $25,000,000 shall

[[Page 118 STAT. 35]]

be made available to foreign countries to assist in mitigating the 
effects of the Human Immunodeficiency Virus and Acquired Immune 
Deficiency Syndrome on communities, including the provision of--
            (1) agricultural commodities to--
                    (A) individuals with Human Immunodeficiency Virus or 
                Acquired Immune Deficiency Syndrome in the communities; 
                and
                    (B) households in the communities, particularly 
                individuals caring for orphaned children; and
            (2) agricultural commodities monetized to provide other 
        assistance (including assistance under microcredit and 
        microenterprise programs) to create or restore sustainable 
        livelihoods among individuals in the communities, particularly 
        individuals caring for orphaned children.

    Sec. 726. Section 375(e)(6)(B) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2008j(e)(6)(B)) is amended by striking 
``$26,499,000'' and inserting ``$26,998,000''.
    Sec. 727. Notwithstanding any other provision of law, the Natural 
Resources Conservation Service may provide financial and technical 
assistance through the Watershed and Flood Prevention Operations program 
for the Kuhn Bayou and Ditch 26 Improvement projects in Arkansas, the 
Matanuska River erosion control project in Alaska, the DuPage County 
Sawmill Creek Watershed project in Illinois, and the Coal Creek project 
in Utah, and four flood control structures in Marmaton, Kansas.
    Sec. 728. <<NOTE: State listing.>> Notwithstanding any other 
provision of law, the Secretary shall consider the County of Lawrence, 
Ohio; the City of Havelock, North Carolina; the City of Portsmouth, 
Ohio; the City of Binghamton, New York; the Town of Vestal, New York; 
the City of Ithaca, New York; the City of Casa Grande, Arizona; the City 
of Clarksdale, Mississippi; the City of Coachella, California; the City 
of Salinas, California; the City of Watsonville, California; the City of 
Hollister, California; the Municipality of Carolina, Puerto Rico; and 
the City of Kinston, North Carolina, as meeting the eligibility 
requirements for loans and grants programs in the Rural Development 
mission area.

    Sec. 729. <<NOTE: Illinois. Kentucky.>> Notwithstanding any other 
provision of law, the Natural Resources Conservation Service shall 
provide financial and technical assistance to the DuPage County, 
Illinois, Kress Creek Watershed Plan, from funds available for the 
Watershed and Flood Prevention Operations program, not to exceed 
$1,600,000 and Rockhouse Creek Watershed, Leslie County, Kentucky, not 
to exceed $1,000,000.

    Sec. 730. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriation Act.
    Sec. 731. <<NOTE: Missouri.>> None of the funds made available to 
the Food and Drug Administration by this Act shall be used to close or 
relocate, or to plan to close or relocate, the Food and Drug 
Administration Division of Pharmaceutical Analysis in St. Louis, 
Missouri, outside the city or county limits of St. Louis, Missouri.

    Sec. 732. Agencies and offices of the Department of Agriculture may 
utilize any unobligated salaries and expenses funds to reimburse the 
Office of the General Counsel for salaries and

[[Page 118 STAT. 36]]

expenses of personnel, and for other related expenses, incurred in 
representing such agencies and offices in the resolution of complaints 
by employees or applicants for employment, and in cases and other 
matters pending before the Equal Employment Opportunity Commission, the 
Federal Labor Relations Authority, or the Merit Systems Protection Board 
with the prior approval of the Committees on Appropriations of both 
Houses of Congress.
    Sec. 733. Notwithstanding any other provision of law, of the funds 
made available in this Act for competitive research grants (7 U.S.C. 
450i(b)), the Secretary may use up to 20 percent of the amount provided 
to carry out a competitive grants program under the same terms and 
conditions as those provided in section 401 of the Agricultural 
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621), 
including requests for proposals for grants for critical emerging issues 
described in section 401(c)(1) of that Act for which the Secretary has 
not issued requests for proposals for grants in fiscal year 2002 or 
2003.
    Sec. 734. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 14(h)(1) of the Watershed Protection and 
Flood Prevention Act (16 U.S.C. 1012(h)(1)).
    Sec. 735. <<NOTE: West Virginia.>> Notwithstanding any other 
provision of law, the Natural Resources Conservation Service shall 
provide financial and technical assistance through the Watershed and 
Flood Prevention Operations program to carry out the Upper Tygart Valley 
Watershed project, West Virginia: Provided, That the Natural Resources 
Conservation Service is authorized to provide 100 percent of the 
engineering assistance and 75 percent cost share for installation of the 
water supply component of this project.

    Sec. 736. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out subtitle I of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009dd through dd-7).
    Sec. 737. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C. 
2655).
    Sec. 738. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to carry out the provisions of sections 7404(a)(1) and 7404(c)(1) of 
Public Law 107-171.
    Sec. 739. The Agricultural Marketing Service and the Grain 
Inspection, Packers and Stockyards Administration, that have statutory 
authority to purchase interest bearing investments outside of the 
Treasury, are not required to establish obligations and outlays for 
those investments, provided those investments are insured by the Federal 
Deposit Insurance Corporation or are collateralized at the Federal 
Reserve with securities approved by the Federal Reserve, operating under 
the guidelines of the United States Department of the Treasury.
    Sec. 740. Of the funds made available under section 27(a) of the 
Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary may use up 
to $10,000,000 for costs associated with the distribution of 
commodities.
    Sec. 741. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries

[[Page 118 STAT. 37]]

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

[[Page 118 STAT. 38]]

    (b) <<NOTE: Publication. Regulations. Deadline. 7 USC 740c-1 
note.>> The Secretary shall publish a proposed rule to carry out section 
313A of the Rural Electrification Act of 1936 within 60 days of 
enactment of this Act.

    Sec. 751. Any unobligated balances in the Alternative Agricultural 
Research and Commercialization Revolving Fund are hereby rescinded.
    Sec. 752. Not more than $41,443,000 for fiscal year 2004 of the 
funds appropriated or otherwise made available by this or any other Act 
shall be used to carry out the conservation security program established 
under subchapter A of chapter 2 of subtitle D of title XII of the Food 
Security Act of 1985 (16 U.S.C. 3838 et seq.).
    Sec. 753. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out a ground and surface water conservation 
program authorized by section 2301 of Public Law 107-171, the Farm 
Security and Rural Investment Act of 2002, in excess of $51,000,000.
    Sec. 754. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out section 2502 of Public Law 107-171, the Farm 
Security and Rural Investment Act of 2002, in excess of $42,000,000.
    Sec. 755. None of the funds appropriated or otherwise made available 
by this or any other Act shall be used to pay the salaries and expenses 
of personnel to carry out section 2503 of Public Law 107-171, the Farm 
Security and Rural Investment Act of 2002, in excess of $112,044,000.
    Sec. 756. <<NOTE: New York.>> (a) Assistance for Commercial Tree 
Losses.--The Secretary of Agriculture shall use $5,000,000 of the funds 
of the Commodity Credit Corporation to provide assistance under the Tree 
Assistance Program, subtitle C of title X of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8201 et seq.), to tree-fruit growers 
located in a federally declared disaster area in the State of New York 
who suffered tree losses in 2003 as a result of an April 4-6, 2003, 
icestorm.

    (b) <<NOTE: Florida.>> The Secretary of Agriculture shall use 
$10,000,000 of the funds of the Commodity Credit Corporation, to remain 
available until expended, to compensate commercial citrus and lime 
growers in the State of Florida for tree replacement and for lost 
production with respect to trees removed to control citrus canker, and 
with respect to certified citrus nursery stocks within the citrus canker 
quarantine areas, as determined by the Secretary. For a grower to 
receive assistance for a tree under this section, the tree must have 
been removed after September 30, 2001.

    Sec. 757. There is hereby appropriated $1,500,000 to carry out 
section 6028 of Public Law 107-171, the Farm Security and Rural 
Investment Act of 2002: Provided, That notwithstanding section 
383B(g)(1) of the Consolidated Farm and Rural Development Act (7 U.S.C. 
2009bb-1(g)(1)), the Federal share of the administrative expenses of the 
Northern Great Plains Regional Authority for fiscal year 2004 shall be 
100 percent.
    Sec. 758. Section 204(a)(3) of the Agricultural Trade Development 
and Assistance Act of 1954 (7 U.S.C. 1724(a)(3)) is amended

[[Page 118 STAT. 39]]

by striking ``the Committee on Foreign Affairs'' through ``the Committee 
on'' and inserting ``the Committees on International Relations, 
Agriculture and Appropriations of the House of Representatives, and the 
Committees on Appropriations and''.
    Sec. 759. None of the funds appropriated or made available by this 
or any other Act may be used to pay the salaries and expenses of 
personnel to carry out section 6029 of Public Law 107-171, the Farm 
Security and Rural Investment Act of 2002: Provided, That this section 
shall not apply to activities related to the promulgation of regulations 
or the receipt and review of applications for the Rural Business 
Investment Program.
    Sec. 760. None of the funds appropriated or otherwise made available 
in this Act shall be expended to violate Public Law 105-264.
    Sec. 761. Cost-Sharing for Animal and Plant Health Emergency 
Programs. None of the funds made available by this Act may be used to 
issue a final rule in furtherance of, or otherwise implement, the 
proposed rule on cost-sharing for animal and plant health emergency 
programs of the Animal and Plant Health Inspection Service published on 
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
    Sec. 762. Agencies and offices of the Department of Agriculture may 
utilize any available discretionary funds to cover the costs of 
preparing, or contracting for the preparation of, final agency decisions 
regarding complaints of discrimination in employment or program 
activities arising within such agencies and offices.
    Sec. 763. <<NOTE: Alaska. 42 USC 1472 note.>> Notwithstanding any 
other provision of law, for any fiscal year, in the case of a high cost 
isolated rural area in Alaska that is not connected to a road system, 
the maximum level for the single family housing assistance shall be 150 
percent of the average income level in the metropolitan areas of the 
State and 115 percent of all other eligible areas of the State.

    Sec. 764. There is hereby appropriated $1,000,000, to remain 
available until expended, for the Denali Commission to address 
deficiencies in solid waste disposal sites which threaten to contaminate 
rural drinking water supplies.
    Sec. 765. <<NOTE: Mississippi. South Dakota.>> Notwithstanding any 
other provision of law, the Secretary shall consider the City of 
Vicksburg, Mississippi; the City of Aberdeen, South Dakota; and the City 
of Starkville, Mississippi as meeting the requirements of a rural area 
contained in section 520 of the Housing Act of 1949 (42 U.S.C. 1490) 
until receipt of the decennial Census for the year 2010.

    Sec. 766. <<NOTE: New Hampshire. Oklahoma.>> Notwithstanding any 
other provision of law, the Secretary shall consider the City of Berlin, 
New Hampshire; the City of Guymon, Oklahoma; the City of Shawnee, 
Oklahoma; and the City of Altus, Oklahoma, to be eligible for loans and 
grants provided through the Rural Community Advancement Program until 
receipt of the decennial Census in the year 2010.

    Sec. 767. None of the funds made available in this Act may be used 
to study, complete a study of, or enter into a contract with a private 
party to carry out, without specific authorization in a subsequent Act 
of Congress, a competitive sourcing activity of the Secretary of 
Agriculture, including support personnel of the Department of 
Agriculture, relating to rural development or farm loan programs.

[[Page 118 STAT. 40]]

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

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

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

    Sec. 772. Section 601(b)(2) of the Rural Electrification Act of 1936 
(7 U.S.C. 950bb(b)(2)) is amended to read as follows:
            ``(2) Eligible rural community.--The term `eligible rural 
        community' means any area of the United States that is not 
        contained in an incorporated city or town with a population in 
        excess of 20,000 inhabitants.''.

    Sec. 773. Notwithstanding any other provision of law, for all 
activities under programs of the Rural Development Mission Area within 
the County of Honolulu, Hawaii, the Secretary may designate any portion 
of the county as a rural area or eligible rural community that the 
Secretary determines is not urban in character: Provided, That the 
Secretary shall not include in any such rural area or eligible rural 
community any area included in the Honolulu Census Designated Place as 
determined by the Secretary of Commerce.
    Sec. 774. The first sentence of section 306(g)(1) of the National 
Housing Act (12 U.S.C. 1721(g)(1)) is amended--
            (1) by striking ``or title V of the Housing Act of 1949''; 
        and
            (2) by inserting after ``1944'' the following: ``, title V 
        of the Housing Act of 1949,''.

    Sec. 775. Notwithstanding the provisions of the Consolidated Farm 
and Rural Development Act (including the associated regulations) 
governing the Community Facilities Program, the Secretary

[[Page 118 STAT. 41]]

may allow all Community Facility Program facility borrowers and grantees 
to enter into contracts with not-for-profit third parties for services 
consistent with the requirements of the Program, grant, and/or loan: 
Provided, That the contracts protect the interests of the Government 
regarding cost, liability, maintenance, and administrative fees.
    Sec. 776. Notwithstanding any other provision of law, the Secretary 
of Agriculture may use appropriations available to the Secretary for 
activities authorized under sections 426-426c of title 7, United States 
Code, under this or any other Act, to enter into cooperative agreements, 
with a State, political subdivision, or agency thereof, a public or 
private agency, organization, or any other person, to lease aircraft if 
the Secretary determines that the objectives of the agreement will: (1) 
serve a mutual interest of the parties to the agreement in carrying out 
the programs administered by the Animal Plant Health Inspection Service, 
Wildlife Service; and (2) all parties will contribute resources to the 
accomplishment of these objectives; award of a cooperative agreement 
authorized by the Secretary may be made for an initial term not to 
exceed 5 years.
    Sec. 777. Citrus Canker Assistance. Section 211 of the Agricultural 
Assistance Act of 2003 (117 Stat. 545) is amended--
            (1) in the section heading, by inserting ``tree replacement 
        and'' after ``for''; and
            (2) in subsection (a), by inserting ``tree replacement and'' 
        after ``Florida for''.

    Sec. 778. <<NOTE: Sun Grant Research Initiative Act of 2003. 7 USC 
8101 note.>> Sun Grant Research Initiative. (a) Short Title.--This 
section may be cited as the ``Sun Grant Research Initiative Act of 
2003''.

    (b) Research, Extension, and Educational Programs on Biobased Energy 
Technologies and Products.--Title IX of the Farm Security and Rural 
Investment Act of 2002 (7 U.S.C. 8101 et seq.) is amended by adding at 
the end the following:

``SEC. 9011. <<NOTE: 7 USC 8109.>> RESEARCH, EXTENSION, AND EDUCATIONAL 
            PROGRAMS ON BIOBASED ENERGY TECHNOLOGIES AND PRODUCTS.

    ``(a) Purposes.--The purposes of the programs established under this 
section are--
            ``(1) to enhance national energy security through the 
        development, distribution, and implementation of biobased energy 
        technologies;
            ``(2) to promote diversification in, and the environmental 
        sustainability of, agricultural production in the United States 
        through biobased energy and product technologies;
            ``(3) to promote economic diversification in rural areas of 
        the United States through biobased energy and product 
        technologies; and
            ``(4) to enhance the efficiency of bioenergy and biomass 
        research and development programs through improved coordination 
        and collaboration between the Department of Agriculture, the 
        Department of Energy, and the land-grant colleges and 
        universities.

    ``(b) Definitions.--In this section:
            ``(1) Land-grant colleges and universities.--The term `land-
        grant colleges and universities' means--

[[Page 118 STAT. 42]]

                    ``(A) 1862 Institutions (as defined in section 2 of 
                the Agricultural Research, Extension, and Education 
                Reform Act of 1998 (7 U.S.C. 7601));
                    ``(B) 1890 Institutions (as defined in section 2 of 
                that Act) and West Virginia State College; and
                    ``(C) 1994 Institutions (as defined in section 2 of 
                that Act).
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture.

    ``(c) Establishment.--To carry out the purposes described in 
subsection (a), the Secretary shall establish programs under which--
            ``(1) <<NOTE: Grants.>> the Secretary shall provide grants 
        to sun grant centers specified in subsection (d); and
            ``(2) the sun grant centers shall use the grants in 
        accordance with this section.

    ``(d) Grants to Centers.--The Secretary shall use amounts made 
available for a fiscal year under subsection (j) to provide a grants in 
equal amounts to each of the following sun grant centers:
            ``(1) North-central center.--A <<NOTE: South Dakota State 
        University.>> north-central sun grant center at South Dakota 
        State University for the region composed of the States of 
        Illinois, Indiana, Iowa, Minnesota, Montana, Nebraska, North 
        Dakota, South Dakota, Wisconsin, and Wyoming.
            ``(2) Southeastern center.--A <<NOTE: University of 
        Tennessee.>> southeastern sun grant center at the University of 
        Tennessee at Knoxville for the region composed of--
                    ``(A) the States of Alabama, Florida, Georgia, 
                Kentucky, Mississippi, North Carolina, South Carolina, 
                Tennessee, and Virginia;
                    ``(B) the Commonwealth of Puerto Rico; and
                    ``(C) the United States Virgin Islands.
            ``(3) South-central center.--A <<NOTE: Oklahoma State 
        University.>> south-central sun grant center at Oklahoma State 
        University for the region composed of the States of Arkansas, 
        Colorado, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and 
        Texas.
            ``(4) Western center.--A <<NOTE: Oregon State 
        University.>> western sun grant center at Oregon State 
        University for the region composed of--
                    ``(A) the States of Alaska, Arizona, California, 
                Hawaii, Idaho, Nevada, Oregon, Utah, and Washington; and
                    ``(B) territories and possessions of the United 
                States (other than the territories referred to in 
                subparagraphs (B) and (C) of paragraph (2)).
            ``(5) Northeastern center.--A <<NOTE: Cornell 
        University.>> northeastern sun grant center at Cornell 
        University for the region composed of the States of Connecticut, 
        Delaware, Massachusetts, Maryland, Maine, Michigan, New 
        Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode 
        Island, Vermont, and West Virginia.

    ``(e) Use of Funds.--
            ``(1) Centers of excellence.--Of the amount of funds that 
        are made available for a fiscal year to a sun grant center under 
        subsection (d), the center shall use not more than 25 percent of 
        the amount for administration to support excellence in science, 
        engineering, and economics at the center to promote the purposes 
        described in subsection (a) through the State

[[Page 118 STAT. 43]]

        agricultural experiment station, cooperative extension services, 
        and relevant educational programs of the university.
            ``(2) Grants to land-grant colleges and universities.--
                    ``(A) In general.--The sun grant center established 
                for a region shall use the funds that remain available 
                for a fiscal year after expenditures made under 
                paragraph (1) to provide competitive grants to land-
                grant colleges and universities in the region of the sun 
                grant center to conduct, consistent with the purposes 
                described in subsection (a), multiinstitutional and 
                multistate--
                          ``(i) research, extension, and educational 
                      programs on technology development; and
                          ``(ii) integrated research, extension, and 
                      educational programs on technology implementation.
                    ``(B) Programs.--Of the amount of funds that are 
                used to provide grants for a fiscal year under 
                subparagraph (A), the center shall use--
                          ``(i) not less than 30 percent of the funds to 
                      carry out programs described in subparagraph 
                      (A)(i); and
                          ``(ii) not less than 30 percent of the funds 
                      to carry out programs described in subparagraph 
                      (A)(ii).
            ``(3) Indirect costs.--A sun grant center may not recover 
        the indirect costs of making grants under paragraph (2) to other 
        land-grant colleges and universities.

    ``(f) Plan.--
            ``(1) In general.--Subject to the availability of funds 
        under subsection (j), in cooperation with other land-grant 
        colleges and universities and private industry in accordance 
        with paragraph (2), the sun grant centers shall jointly develop 
        and submit to the Secretary, for approval, a plan for addressing 
        at the State and regional levels the bioenergy, biomass, and 
        gasification research priorities of the Department of 
        Agriculture and the Department of Energy for the making of 
        grants under paragraphs (1) and (2) of subsection (e).
            ``(2) Gasification coordination.--
                    ``(A) In general.--In developing the plan under 
                paragraph (1) with respect to gasification research, the 
                sun grant centers identified in paragraphs (1) and (2) 
                of subsection (d) shall coordinate with land grant 
                colleges and universities in their respective regions 
                that have ongoing research activities with respect to 
                the research.
                    ``(B) Funding.--Funds made available under 
                subsection (d) to the sun grant center identified in 
                subsection (e)(2) shall be available to carry out 
                planning coordination under paragraph (1) of this 
                subsection.

    ``(g) Grants to Other Land-Grant Colleges and Universities.--
            ``(1) Priority for grants.--In making grants under 
        subsection (e)(2), a sun grant center shall give a higher 
        priority to programs that are consistent with the plan approved 
        by the Secretary under subsection (f).
            ``(2) Term of grants.--The term of a grant provided by a sun 
        grant center under subsection (e)(2) shall not exceed 5 years.

    ``(h) Grant Information Analysis Center.--The sun grant centers 
shall maintain a Sun Grant Information Analysis Center

[[Page 118 STAT. 44]]

at the sun grant center specified in subsection (d)(1) to provide sun 
grant centers analysis and data management support.
    ``(i) Annual Reports.--Not later than 90 days after the end of a 
year for which a sun grant center receives a grant under subsection (d), 
the sun grant center shall submit to the Secretary a report that 
describes the policies, priorities, and operations of the program 
carried out by the center during the year, including a description of 
progress made in facilitating the priorities described in subsection 
(f).
    ``(j) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out this section--
                    ``(A) $25,000,000 for fiscal year 2005;
                    ``(B) $50,000,000 for fiscal year 2006; and
                    ``(C) $75,000,000 for each of fiscal years 2007 
                through 2010.
            ``(2) Grant information analysis center.--Of amounts made 
        available under paragraph (1), not more than $4,000,000 for each 
        fiscal year shall be made available to carry out subsection 
        (h).''.

    Sec. 779. Rural Electrification. For fiscal year 2004, the Secretary 
of Agriculture may use any unobligated carryover funds made available 
for any program administered by the Rural Utilities Service (not 
including funds made available under the heading ``Rural Community 
Advancement Program'' in any Act of appropriation) to carry out section 
315 of the Rural Electrification Act of 1936 (7 U.S.C. 940e).
    Sec. 780. Limitation on Allocation of Purchase Prices for Butter and 
Nonfat Dry Milk. None of the funds made available by this Act may be 
used to pay the salaries or expenses of employees of the Department of 
Agriculture to allocate the rate of price support between the purchase 
prices for nonfat dry milk and butter in a manner that does not support 
the price of milk in accordance with section 1501(b) of the Farm 
Security and Rural Investment Act of 2002 (7 U.S.C. 7981(b)).
    Sec. 781. Emergency Watershed Protection Program. Notwithstanding 
any other provision of law, the Secretary of Agriculture is authorized 
to make funding and other assistance available through the emergency 
watershed protection program under section 403 of the Agricultural 
Credit Act of 1978 (16 U.S.C. 2203) to repair and prevent damage to non-
Federal land in watersheds that have been impaired by fires initiated by 
the Federal Government and to waive cost sharing requirements for the 
funding and assistance.
    Sec. 782. The Secretary may waive the requirements regarding small 
and emerging rural business as authorized under the Rural Business 
Enterprise Grant program for the purpose of a lease for the Oakridge 
Oregon Industrial Park.
    Sec. 783. Water and Waste Disposal Grant to the Alaska Department of 
Community and Economic Development. Notwithstanding any other provision 
of law--
            (1) the Alaska Department of Community and Economic 
        Development shall be eligible to receive a water and waste 
        disposal grant under section 306(a) of the Consolidated Farm and 
        Rural Development Act (7 U.S.C. 1926(a)) in an amount that is 
        equal to not more than 75 percent of the total cost

[[Page 118 STAT. 45]]

        of providing water and sewer service to the proposed hospital in 
        the Matanuska-Susitna Borough, Alaska; and
            (2) the Alaska Department of Community and Economic 
        Development shall be allowed to pass the grant funds through to 
        the local government entity that will provide water and sewer 
        service to the hospital.

    Sec. 784. None of the funds provided in this Act may be used for 
salaries and expenses to carry out any regulation or rule insofar as it 
would make ineligible for enrollment in the conservation reserve program 
established under subchapter B of chapter 1 of subtitle D of title XII 
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) land that is 
planted to hardwood trees as of the date of enactment of this Act and 
was enrolled in the conservation reserve program under a contract that 
expired prior to calendar year 2002.
    Sec. 785. Water and Waste Disposal Grant to the City of Postville, 
Iowa. Notwithstanding any other provision of law, the City of Postville, 
Iowa, shall be eligible to receive a water and waste disposal grant 
under section 306(a) of the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1926(a)) in an amount that is equal to not more than 75 
percent of the total cost of providing water and sewer service in the 
city.
    Sec. 786. None of the funds appropriated or otherwise made available 
by this Act shall be used to pay the salaries and expenses of personnel 
to implement a reorganization of regional conservationists and/or 
regional offices of the Natural Resources Conservation Service without 
the prior approval of the Committees on Appropriations.
    Sec. 787. Of the unobligated balance available to the Food Safety 
and Inspection Service for the field automation and information 
management project at the beginning of fiscal year 2004, $5,000,000 is 
hereby rescinded.
    Sec. 788. The matter under the heading ``Integrated Activities'' in 
division A--Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Programs Appropriations, 2003, 
title I--Agricultural Programs, in <<NOTE: 117 Stat. 19.>> Public Law 
108-7 is amended by striking ``7 U.S.C. 3291'' and inserting ``7 U.S.C. 
3292b''.

    Sec. 789. <<NOTE: Montana.>> Notwithstanding any other provision of 
law, the City of Great Falls, Montana, shall be considered a rural area 
for purposes of eligibility for business and industry guaranteed loans 
under section 310B(a)(1) of the Consolidated Farm and Rural Development 
Act (7 U.S.C. 1932(a)(1)).

    This division may be cited as the ``Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropriations Act, 
2004''.

[[Page 118 STAT. 46]]

 DIVISION B--DEPARTMENTS <<NOTE: Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations Act, 
  2004.>> OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 
AGENCIES APPROPRIATIONS ACT, 2004

                                 An Act

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

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

 TITLE I--DEPARTMENT <<NOTE: Department of Justice Appropriations Act, 
2004.>> OF JUSTICE

                         General Administration

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

                     joint automated booking system

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

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

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

[[Page 118 STAT. 47]]

and Expenses, General Legal Activities'', and ``General Administration, 
Salaries and Expenses'', and the United States Attorneys, the United 
States Marshals Service, the Antitrust Division, the United States 
Trustee Program, the Executive Office for Immigration Review, the 
Community Relations Service, the Bureau of Prisons, the Office of 
Justice Programs and the United States Parole Commission, $27,034,000, 
              to remain available until September 30, 2005.

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

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

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

    For necessary expenses of the Federal Detention Trustee who shall 
exercise all power and functions authorized by law relating to the 
detention of Federal prisoners in non-Federal institutions or otherwise 
in the custody of the United States Marshals Service, $814,097,000, to 
remain available until expended: Provided, That the Trustee shall be 
responsible for managing the Justice Prisoner and Alien Transportation 
System and for overseeing housing related to such detention; the 
management of funds appropriated to the Department of Justice for the 
exercise of any detention functions; and the direction of the United 
States Marshals Service with respect to the exercise of detention policy 
setting and operations for the Department: Provided further, That any 
unobligated balances available in prior years from the funds 
appropriated under the heading ``Federal Prisoner Detention'' shall be 
transferred to and merged

[[Page 118 STAT. 48]]

with the appropriation under the heading ``Detention Trustee'' and shall 
be available <<NOTE: Plan. Deadline. Office of Inspector General>> until 
expended: Provided further, That the Trustee, working in consultation 
with the Bureau of Prisons, shall submit a plan for collecting 
information related to evaluating the health and safety of Federal 
prisoners in non-Federal institutions no later than 180 days following 
                       the enactment of this Act.

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

                     United States Parole Commission

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

                            Legal Activities

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

                salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $133,133,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, not

[[Page 118 STAT. 49]]

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

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

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

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

[[Page 118 STAT. 50]]

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

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

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

    For necessary expenses of the Community Relations Service, 
$9,526,000 and, in addition, up to $1,000,000 of funds made available to 
the Department of Justice in this Act may be transferred by the Attorney 
General to this account: Provided, That notwithstanding any other 
provision of law, upon a determination by the Attorney General that 
emergent circumstances require additional funding for conflict 
resolution and violence prevention activities of the Community Relations 
Service, the Attorney General may transfer such amounts to the Community 
Relations Service, from available appropriations for the current fiscal 
year for the Department of Justice, as may be necessary to respond to 
such circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section

[[Page 118 STAT. 51]]

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

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

                     Federal Bureau of Investigation

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

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

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

[[Page 118 STAT. 52]]

                     Drug Enforcement Administration

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

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

           Bureau of Alcohol, Tobacco, Firearms and Explosives

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, including the purchase of not to exceed 822 vehicles for 
police-type use, of which 650 shall be for replacement only; not to 
exceed $18,000 for official reception and representation expenses; for 
training of State and local law enforcement agencies with or without 
reimbursement, including training in connection

[[Page 118 STAT. 53]]

with the training and acquisition of canines for explosives and fire 
accelerants detection; and for provision of laboratory assistance to 
State and local law enforcement agencies, with or without reimbursement, 
$836,087,000, of which not to exceed $1,000,000 shall be available for 
the payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2): 
Provided, That no funds appropriated herein shall be available for 
salaries or administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to change the 
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal firearms 
disabilities under 18 U.S.C. 925(c): Provided further, That such funds 
shall be available to investigate and act upon applications filed by 
corporations for relief from Federal firearms disabilities under section 
925(c) of title 18, United States Code: Provided further, That no funds 
made available by this or any other Act may be used to transfer the 
functions, missions, or activities of the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives to other agencies or Departments in fiscal year 
2004: Provided further, That no funds appropriated under this or any 
other Act may be used to disclose to the public the contents or any 
portion thereof of any information required to be kept by licensees 
pursuant to section 923(g) of title 18, United States Code, or required 
to be reported pursuant to paragraphs (3) and (7) of section 923(g) of 
title 18, United States Code, except that this provision shall apply to 
any request for information made by any person or entity after January 
1, 1998: Provided further, That no funds made available by this or any 
other Act shall be expended to promulgate or implement any rule 
requiring a physical inventory of any business licensed under section 
923 of title 18, United States Code: Provided further, That no funds 
under this Act may be used to electronically retrieve information 
gathered pursuant to 18 U.S.C. 923(g)(4) by name or any personal 
identification code: Provided further, That subparagraphs (A) and (B) of 
28 U.S.C. 530C(b)(2), are amended by inserting ``for the Bureau of 
Alcohol, Tobacco, Firearms and Explosives,'' after ``Marshals Service,'' 
in each subparagraph.

                          Federal Prison System

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 838, of which 535 are for replacement only) and 
hire of law enforcement and passenger motor vehicles, and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments, $4,461,257,000: Provided, <<NOTE: 42 USC 
250a.>> That the Attorney General may transfer to the Health Resources 
and Services Administration such amounts as may be necessary for direct 
expenditures by that Administration for medical relief for inmates of 
Federal penal and correctional institutions:

[[Page 118 STAT. 54]]

Provided further, That the Director of the Federal Prison System, where 
necessary, may enter into contracts with a fiscal agent/fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the Federal Prison System, furnish health 
services to individuals committed to the custody of the Federal Prison 
System: Provided further, That not to exceed $6,000 shall be available 
for official reception and representation expenses: Provided further, 
That not to exceed $50,000,000 shall remain available for necessary 
operations until September 30, 2005: Provided further, That, of the 
amounts provided for Contract Confinement, not to exceed $20,000,000 
shall remain available until expended to make payments in advance for 
grants, contracts and reimbursable agreements, and other expenses 
authorized by section 501(c) of the Refugee Education Assistance Act of 
1980, for the care and security in the United States of Cuban and 
Haitian entrants: Provided further, That the Director of the Federal 
Prison System may accept donated property and services relating to the 
operation of the prison card program from a not-for-profit entity which 
has operated such program in the past notwithstanding the fact that such 
not-for-profit entity furnishes services under contracts to the Federal 
Prison System relating to the operation of pre-release services, halfway 
                  houses or other custodial facilities.

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

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

[[Page 118 STAT. 55]]

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

                       Office of Justice Programs

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

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Victims of Trafficking 
and Violence Protection Act of 2000 (Public Law 106-386); and other 
programs; $1,297,684,000 (including amounts for administrative costs, 
which shall be transferred to and merged with the ``Justice Assistance'' 
account): Provided, That all balances under this heading for programs to 
address violence against women may be transferred to and merged with the 
appropriation for ``Violence Against Women Prevention and Prosecution 
Programs'': Provided further, That funding provided under this heading 
shall remain available until expended as follows:
            (1) $225,000,000 for Local Law Enforcement Block Grants, 
        pursuant to H.R. 728 as passed by the House of Representatives 
        on February 14, 1995, except that for purposes of this Act and 
        retroactive to October 1, 2000, Guam shall be considered as one 
        ``State'' for all purposes under H.R. 728, notwithstanding any 
        provision of section 108(3) thereof, the Commonwealth of Puerto 
        Rico shall be considered a ``unit of local government'' as well 
        as a ``State'', for the purposes set forth in paragraphs (A), 
        (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728, and for 
        establishing crime prevention programs involving cooperation 
        between community residents and law enforcement personnel in 
        order to control, detect, or investigate crime or the 
        prosecution of criminals: Provided, That funding shall be 
        available for the purposes authorized by part E of title I of 
        the 1968 Act: Provided further, That no funds provided under 
        this

[[Page 118 STAT. 56]]

        heading may be used as matching funds for any other Federal 
        grant program, of which--
                    (A) $80,000,000 shall be for Boys and Girls Clubs in 
                public housing facilities and other areas in cooperation 
                with State and local law enforcement, as authorized by 
                section 401 of Public Law 104-294 (42 U.S.C. 13751 
                note);
                    (B) $10,000,000 shall be available for grants, 
                contracts, and other assistance to carry out section 
                102(c) of H.R. 728; and
                    (C) $2,981,000 for USA Freedom Corps activities;
            (2) $300,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 242(j) of the Immigration and 
        Nationality Act: Provided, That funds shall be disbursed only as 
        a direct reimbursement for each State's documented cost for 
        incarcerating undocumented criminal aliens;
            (3) $2,000,000 for the Cooperative Agreement Program for the 
        improvement of State and local correctional facilities holding 
        prisoners in custody of the United States Marshals Service;
            (4) $15,000,000 for assistance to Indian tribes, of which--
                    (A) $2,000,000 shall be available for grants under 
                section 20109(a)(2) of subtitle A of title II of the 
                1994 Act;
                    (B) $8,000,000 shall be available for the Tribal 
                Courts Initiative; and
                    (C) $5,000,000 shall be available for demonstration 
                projects on alcohol and crime in Indian Country;
            (5) $659,117,000 for programs authorized by part E of title 
        I of the 1968 Act, notwithstanding the provisions of section 511 
        of said Act, of which $159,117,000 shall be for discretionary 
        grants under the Edward Byrne Memorial State and Local Law 
        Enforcement Assistance Programs;
            (6) $10,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386;
            (7) $892,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of the 1994 
        Act;
            (8) $38,500,000 for Drug Courts, as authorized by part EE of 
        title I of the 1968 Act;
            (9) $2,000,000 for public awareness programs addressing 
        marketing scams aimed at senior citizens, as authorized by 
        section 250005(3) of the 1994 Act;
            (10) $7,000,000 for a prescription drug monitoring program;
            (11) $37,175,000 for prison rape prevention and prosecution 
        programs as authorized by the Prison Rape Elimination Act of 
        2003 (Public Law 108-79), of which $2,175,000 shall be 
        transferred to the National Prison Rape Reduction Commission for 
        authorized activities; and
            (12) $1,000,000 for a State and local law enforcement hate 
        crimes training and technical assistance program: Provided, That 
        funds made available in fiscal year 2004 under subpart 1 of part 
        E of title I of the 1968 Act may be obligated for programs to 
        assist States in the litigation processing of death penalty 
        Federal habeas corpus petitions and for drug testing 
        initiatives: Provided further, That, if a unit of local 
        government uses any of the funds made available under this title 
        to increase

[[Page 118 STAT. 57]]

        the number of law enforcement officers, the unit of local 
        government will achieve a net gain in the number of law 
        enforcement officers who perform nonadministrative public safety 
                                    service.

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

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (including administrative 
costs), $756,283,000, to remain available until expended: Provided, That 
funds that become available as a result of deobligations from prior year 
balances may not be obligated except in accordance with section 605 of 
this Act: Provided further, That of the funds under this heading, not to 
exceed $1,972,000 shall be available for the Office of Justice Programs 
for reimbursable services associated with programs administered by the 
Community Oriented Policing Services Office: Provided further, That 
section 1703(b) and (c) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (``the 1968 Act'') shall not apply to non-hiring grants made 
pursuant to part Q of title I thereof (42 U.S.C. 3796dd et seq.). Of the 
amounts provided--
            (1) $120,000,000 for the hiring of law enforcement officers, 
        including $60,000,000 for school resource officers;
            (2) $25,000,000 for the matching grant program for Law 
        Enforcement Armor Vests pursuant to section 2501 of part Y of 
        the 1968 Act;
            (3) $25,000,000 to improve tribal law enforcement including 
        equipment and training;
            (4) $54,050,000 for policing initiatives to combat 
        methamphetamine production and trafficking and to enhance 
        policing initiatives in ``drug hot spots'';
            (5) $15,000,000 for Police Corps education and training: 
        Provided, That the out-year program costs of new recruits shall 
        be fully funded from funds currently available;
            (6) $158,407,000 for a law enforcement technology program;

[[Page 118 STAT. 58]]

            (7) $30,000,000 for grants to upgrade criminal records, as 
        authorized under the Crime Identification Technology Act of 1998 
        (42 U.S.C. 14601);
            (8) $100,000,000 for a DNA analysis and backlog reduction 
        formula program, of which--
                    (A) $55,000,000 shall be for eliminating casework 
                backlogs;
                    (B) $5,000,000 shall be for eliminating the offender 
                backlog;
                    (C) $30,000,000 shall be for strengthening crime lab 
                capacity;
                    (D) $5,000,000 shall be for training the criminal 
                justice community; and
                    (E) $5,000,000 shall be for using DNA to identify 
                missing persons;
            (9) $10,000,000 for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act (42 
        U.S.C. 3797j et seq.);
            (10) $30,000,000 for the Southwest Border Prosecutor 
        Initiative to reimburse State, county, parish, tribal, or 
        municipal governments only for costs associated with the 
        prosecution of criminal cases declined by local United States 
        Attorneys offices;
            (11) $5,000,000 for an offender re-entry program, as 
        authorized by Public Law 107-273;
            (12) $10,000,000 for a police integrity program;
            (13) $30,000,000 for Project Safe Neighborhoods to reduce 
        gun violence, and gang and drug-related crime;
            (14) $24,226,000 for grants, contracts and other assistance 
        to States under section 102(b) of the Crime Identification 
        Technology Act of 1998 (42 U.S.C. 14601), of which $5,000,000 is 
        for the National Institute of Justice for grants, contracts, and 
        other agreements to develop school safety technologies and 
        training;
            (15) $85,000,000 for the COPS Interoperable Communications 
        Technology Program;
            (16) $4,600,000 for the Safe Schools Initiative; and
            (17) not to exceed $30,000,000 for program management and 
                                 administration.

    For grants, contracts, cooperative agreements, and other assistance 
for the prevention and prosecution of violence against women as 
authorized by the Omnibus Crime Control and Safe Streets Act of 1968 
(``the 1968 Act''); the Violent Crime Control and Law Enforcement Act of 
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of Child Abuse 
Act of 1990 (``the 1990 Act''); the Prosecutorial Remedies and Other 
Tools to end the Exploitation of Children Today Act of 2003 (Public Law 
108-21); and the Victims of Trafficking and Violence Protection Act of 
2000 (Public Law 106-386); $387,629,000 (including amounts for 
administrative costs, which shall be transferred to and merged with the 
``Justice Assistance'' account), to remain available until expended.
    Of the amount provided--
            (1) $11,897,000 for the court appointed special advocate 
        program, as authorized by section 217 of the 1990 Act;

[[Page 118 STAT. 59]]

            (2) $2,281,000 for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act;
            (3) $994,000 for grants for televised testimony, as 
        authorized by part N of the 1968 Act;
            (4) $168,334,000 for grants to combat violence against 
        women, as authorized by part T of the 1968 Act, of which--
                    (A) $5,200,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women; and
                    (B) $10,000,000 shall be for the Office of Juvenile 
                Justice and Delinquency Prevention for the Safe Start 
                Program, as authorized by the Juvenile Justice and 
                Delinquency Act of 1974;
            (5) $64,503,000 for grants to encourage arrest policies as 
        authorized by part U of the 1968 Act;
            (6) $39,685,000 for rural domestic violence and child abuse 
        enforcement assistance grants, as authorized by section 40295 of 
        the 1994 Act;
            (7) $4,957,000 for training programs as authorized by 
        section 40152 of the 1994 Act, and for related local 
        demonstration projects;
            (8) $2,981,000 for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602 of 
        the 1994 Act;
            (9) $9,935,000 to reduce violent crimes against women on 
        campus, as authorized by section 1108(a) of Public Law 106-386;
            (10) $39,740,000 for legal assistance for victims, as 
        authorized by section 1201 of Public Law 106-386;
            (11) $4,968,000 for enhancing protection for older and 
        disabled women from domestic violence and sexual assault as 
        authorized by section 40802 of the 1994 Act;
            (12) $14,903,000 for the safe havens for children pilot 
        program as authorized by section 1301 of Public Law 106-386;
            (13) $15,000,000 shall be for transitional housing 
        assistance grants for victims of domestic violence, stalking or 
        sexual assault as authorized by Public Law 108-21; and
            (14) $7,451,000 for education and training to end violence 
        against and abuse of women with disabilities, as authorized by 
                       section 1402 of Public Law 106-386.

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974 (``the Act''), and other juvenile justice programs, including 
salaries and expenses in connection therewith to be transferred to and 
merged with the appropriations for Justice Assistance, $352,700,000, to 
remain available until expended, as follows--
            (1) $3,600,000 for concentration of Federal efforts, as 
        authorized by section 204 of the Act;
            (2) $84,000,000 for State and local programs authorized by 
        section 221 of the Act, including training and technical 
        assistance to assist small, non-profit organizations with the 
        Federal grants process;

[[Page 118 STAT. 60]]

            (3) $2,500,000 for research, evaluation, training and 
        technical assistance, as authorized by sections 251 and 252 of 
        the Act;
            (4) $79,600,000 for demonstration projects as authorized by 
        sections 261 and 262 of the Act;
            (5) $80,000,000 for delinquency prevention, as authorized by 
        section 505 of the Act, of which--
                    (A) $10,000,000 shall be for the Tribal Youth 
                program;
                    (B) $20,000,000 shall be for a gang resistance 
                education and training program to be coordinated with 
                the Bureau of Alcohol, Tobacco, Firearms and Explosives; 
                and
                    (C) $25,000,000 shall be for grants of $360,000 to 
                each State and $6,640,000 shall be available for 
                discretionary grants to States, for programs and 
                activities to enforce State laws prohibiting the sale of 
                alcoholic beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, prevention 
                and reduction of consumption of alcoholic beverages by 
                minors, and for technical assistance and training;
            (6) $5,000,000 for Project Childsafe;
            (7) $10,000,000 for the Secure Our Schools Act as authorized 
        by Public Law 106-386;
            (8) $15,000,000 for Project Sentry to reduce youth gun 
        violence, and gang and drug-related crime;
            (9) $13,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990; and
            (10) $60,000,000 for the Juvenile Accountability Block 
        Grants program as authorized by Public Law 107-273 and Guam 
        shall be considered a State:

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

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

                General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of not 
to exceed $45,000 from funds appropriated to the Department of Justice 
in this title shall be available to the Attorney General for official 
reception and representation expenses.
    Sec. 102. <<NOTE: Abortion.>> None of the funds appropriated by this 
title shall be available to pay for an abortion, except where the life 
of the mother would be endangered if the fetus were carried to term, or 
in the case of rape: Provided, That should this prohibition be

[[Page 118 STAT. 61]]

declared unconstitutional by a court of competent jurisdiction, this 
section shall be null and void.
    Sec. 103. <<NOTE: Abortion.>> None of the funds appropriated under 
this title shall be used to require any person to perform, or facilitate 
in any way the performance of, any abortion.

    Sec. 104. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 103 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 105. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in this Act may be used to 
establish and publicize a program under which publicly advertised, 
extraordinary rewards may be paid, which shall not be subject to 
spending limitations contained in sections 3059 and 3072 of title 18, 
United States Code: Provided, That any reward of $100,000 or more, up to 
a maximum of $2,000,000, may not be made without the personal approval 
of the President or the Attorney General and such approval may not be 
delegated: Provided further, That rewards made pursuant to section 501 
of Public Law 107-56 shall not be subject to this section.
    Sec. 106. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 605 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section.
    Sec. 107. Section 114 of Public Law 107-77 shall remain in effect 
during fiscal year 2004.
    Sec. 108. (a) <<NOTE: 28 USC 524 note.>> Hereafter, the Attorney 
General is authorized to transfer, under such terms and conditions as 
the Attorney General shall specify, forfeited real or personal property 
of limited or marginal value, as such value is determined by guidelines 
established by the Attorney General, to a State or local government 
agency, or its designated contractor or transferee, for use to support 
drug abuse treatment, drug and crime prevention and education, housing, 
job skills, and other community-based public health and safety programs.

    (b) Any transfer under the preceding proviso shall not create or 
confer any private right of action in any person against the United 
States, and shall be treated as a reprogramming under section 605 of 
this Act.
    Sec. 109. Authorities contained in the 21st Century Department of 
Justice Appropriations Authorization Act (Public Law 107-273) shall 
remain in effect until the effective date of a subsequent Department of 
Justice appropriations authorization Act.
    Sec. 110. None of the funds appropriated or otherwise made available 
by this Act or any other Act to the Department of Justice shall be 
expended for the purpose of reimbursement or direct payments for the 
legal fees of an individual employed as an attorney in the Department of 
Justice for a matter in which the individual

[[Page 118 STAT. 62]]

is the subject of a disciplinary recommendation for ethical misconduct 
by the Counsel for Professional Responsibility.
    Sec. 111. In addition to the amounts provided under ``Salaries and 
Expenses, United States Attorneys'', $15,000,000 shall be for Project 
Seahawk and shall remain available until expended.
    Sec. 112. (a)(1) <<NOTE: 25 USC 3651 note.>> None of the funds 
provided in this Act or hereafter may be used for courts or law 
enforcement officers for a tribe or village--
            (A) in which fewer than 25 Native members live in the 
        village year round; or
            (B) that is located within the boundaries of the Fairbanks 
        North Star Borough, the Matanuska Susitna Borough, the 
        Municipality of Anchorage, the Kenai Peninsula Borough, the City 
        and Borough of Juneau, the Sitka Borough, or the Ketchikan 
        Borough.

    (2)(A) <<NOTE: Establishment. Alaska.>> There is established an 
Alaska Rural Justice and Law Enforcement Commission (hereinafter 
``Justice Commission''). The United States Attorney General shall 
appoint the Justice Commission which shall include a Federal Co-
chairman, the Attorney General for the State of Alaska or his designee 
who shall act as the State Co-Chairman, the Commissioner of Public 
Safety for the State of Alaska, a representative from the Alaska 
Municipal League, a representative from an organized borough, a 
representative of the Alaska Federation of Natives, a tribal 
representative, a representative from a non-profit Native corporation 
that operates Village Public Safety Officer programs, and a 
representative from the Alaska Native Justice Center. The chief judge 
for the Federal District Court for the District of Alaska may also 
appoint a non-voting representative to provide technical support. The 
Justice Commission may hire such staff as is necessary to assist with 
its work.

    (B) The Justice Commission shall review Federal, State, local, and 
tribal jurisdiction over civil and criminal matters in Alaska but 
outside the Municipality of Anchorage, the Fairbanks North Star Borough, 
the Kenai Peninsula Borough, the Matanuska-Susitna Borough, the City and 
Borough of Juneau, the Sitka Borough, and the Ketchikan 
Borough. <<NOTE: Deadline.>> It shall make recommendations to Congress 
and the Alaska State Legislature no later than May 1, 2004, on options 
which shall include the following--
            (i) create a unified law enforcement system, court system, 
        and system of local laws or ordinances for Alaska Native 
        villages and communities of varying sizes including the 
        possibility of first, second, and third class villages with 
        different powers;
            (ii) meet the law enforcement and judicial personnel needs 
        in rural Alaska including the possible use of cross deputization 
        in a way that maximizes the existing resources of Federal, 
        State, local, and tribal governments;
            (iii) address the needs to regulate alcoholic beverages 
        including the prohibition of the sale, importation, use, or 
        possession of alcoholic beverages and to provide restorative 
        justice for persons who violate such laws including treatment; 
        and
            (iv) address the problem of domestic violence and child 
        abuse including treatment options and restorative justice.

    (b)(1) The General Accounting Office shall immediately begin a 
review of Federal programs benefitting rural communities in Alaska 
including the name of each program and the department or agency that 
administers it, the amount of funds provided to

[[Page 118 STAT. 63]]

Alaska through each program, a list of the statutes and regulations 
governing use of funds for each program, and any data demonstrating the 
performance of each program. With respect to housing programs, the study 
shall determine the number of houses built by each Native housing 
authority including the cost per house. 
The <<NOTE: Reports. Deadline.>> Office shall submit a report of its 
findings to the House and Senate Committees on Appropriations, and to 
the Alaska Federation of Natives no later than April 30, 2004.

    (2) The Alaska Federation of Natives, in consultation with the 
Alaska Municipal League, may review the delivery of Federal programs in 
Alaska and make recommendations to the Congress to reduce duplication, 
improve and consolidate delivery of services, streamline application and 
administrative procedures, improve accountability, mandate performance 
measures, and other actions to reduce costs and improve efficiency.
    (c) The Federal Advisory Committee Act shall not apply to this 
section.
    (d) Amend the Denali Commission Act (title III of Public Law 105-
277) by adding a new section as follows:
    ``Sec. 310. (a) <<NOTE: Establishment. 42 USC 3121 note.>> The 
Federal Co-chairman of the Denali Commission shall appoint an Economic 
Development Committee to be chaired by the president of the Alaska 
Federation of Natives which shall include the Commissioner of Community 
and Economic Affairs for the State of Alaska, a representative from the 
Alaska Bankers Association, the chairman of the Alaska Permanent Fund, a 
representative from the Alaska State Chamber of Commerce, and a 
representative from each region. Of the regional representatives, at 
least two each shall be from Native regional corporations, Native non-
profit corporations, tribes, and borough governments.

    ``(b) The Economic Development Committee is authorized to consider 
and approve applications from Regional Advisory Committees for grants 
and loans to promote economic development and promote private sector 
investment to reduce poverty in economically distressed rural villages. 
The Economic Development Committee may make mini-grants to individual 
applicants and may issue loans under such terms and conditions as it 
determines.
    ``(c) <<NOTE: Establishment.>> The State Co-chairman of the Denali 
Commission shall appoint a Regional Advisory Committee for each region 
which may include representatives from local, borough, and tribal 
governments, the Alaska Native non-profit corporation operating in the 
region, local Chambers of Commerce, and representatives of the private 
sector. Each Regional Advisory Committee shall develop a regional 
economic development plan for consideration by the Economic Development 
Committee.

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

[[Page 118 STAT. 64]]

work plan to assist Alaska Natives and other rural residents in 
acquiring the skills and training necessary to participate fully in 
private sector business and economic and development opportunities 
through fellowships, scholarships, internships, public service programs, 
and other leadership initiatives.
    ``(f) The Committee shall sponsor a statewide economic development 
summit in consultation with the World Bank to evaluate the best 
practices for economic development worldwide and how they can be 
incorporated into regional economic development plans.
    ``(g) There is authorized to be appropriated such sums as may be 
necessary to the following agencies which shall be transferred to the 
Denali Commission as a direct lump sum payment to implement this 
section--
            ``(1) Department of Commerce, Economic Development 
        Administration,
            ``(2) Department of Housing and Urban Development,
            ``(3) Department of the Interior, Bureau of Indian Affairs,
            ``(4) Department of Agriculture, Rural Development 
        Administration, and
            ``(5) Small Business Administration.''.

    Sec. 113. For an additional amount for the ``Local Law Enforcement 
Block Grant'' program to be provided to the City of San Juan, Puerto 
Rico, $550,000.
    Sec. 114. Of the unobligated balances available to the Department of 
Justice from prior year appropriations with the exception of funds 
provided for counterterrorism activities, counterintelligence 
activities, white collar crime enforcement, organized crime enforcement, 
and drug enforcement, $100,000,000 <<NOTE: Deadline. Reports.>> are 
rescinded: Provided, That within 30 days after the date of the enactment 
of this section the Attorney General shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a report 
specifying the amount of each rescission made pursuant to this section.

    This title may be cited as the ``Department of Justice 
Appropriations Act, 2004''.

TITLE II--DEPARTMENT <<NOTE: Department of Commerce and Related Agencies 
Appropriations Act, 2004.>> OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

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

[[Page 118 STAT. 65]]

members to distribute monies collected from antidumping and 
countervailing duties.

                     International Trade Commission

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

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

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

[[Page 118 STAT. 66]]

U.S.C. 4912); and that for the purpose of this Act, contributions under 
the provisions of the Mutual Educational and Cultural Exchange Act of 
1961 shall include payment for assessments for services provided as part 
of these activities.

                     Bureau of Industry and Security

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

                   Economic Development Administration

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

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

[[Page 118 STAT. 67]]

                  Minority Business Development Agency

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

                 Economic and Information Infrastructure

                    Economic and Statistical Analysis

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

                          Bureau of the Census

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

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

       National Telecommunications and Information Administration

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

[[Page 118 STAT. 68]]

$14,604,000, to remain available until September 30, 2005: Provided, 
That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That the 
Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from other 
Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
       Government agencies shall remain available until expended.

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

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

[[Page 118 STAT. 69]]

                United States Patent and Trademark Office

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

                         Science and Technology

                        Technology Administration

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

             National Institute of Standards and Technology

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

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership of 
the National Institute of Standards and Technology, $39,607,000, to 
remain available until expended.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology,

[[Page 118 STAT. 70]]

$179,175,000, to remain available until expended, of which $60,700,000 
shall be expended for the award of new grants before September 30, 2004.

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

             National Oceanic and Atmospheric Administration

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft; grants, contracts, or other payments to 
nonprofit organizations for the purposes of conducting activities 
pursuant to cooperative agreements; and relocation of facilities as 
authorized, $2,686,520,000, to remain available until September 30, 
2005, except for funds provided for cooperative enforcement which shall 
remain available until September 30, 2006: Provided, That fees and 
donations received by the National Ocean Service for the management of 
the national marine sanctuaries may be retained and used for the 
salaries and expenses associated with those activities, notwithstanding 
31 U.S.C. 3302: Provided further, That, in addition, $62,000,000 shall 
be derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided further, That grants to States pursuant to sections 306 and 
306A of the Coastal Zone Management Act of 1972, as amended, shall not 
exceed $2,000,000, unless funds provided for ``Coastal Zone Management 
Grants'' exceed funds provided in the previous fiscal year: Provided 
further, That if funds provided for ``Coastal Zone Management Grants'' 
exceed funds provided in the previous fiscal year, then no State shall 
receive more than 5 percent or less than 1 percent of the additional 
funds: Provided further, That, of the $2,748,520,000 provided for in 
direct obligations under this heading (of which $2,686,520,000 is 
appropriated from the General Fund and $62,000,000 is provided by 
transfer), $513,910,000 shall be for the National Ocean Service, 
$639,990,000 shall be for the National Marine Fisheries Service, 
$400,813,000 shall be for Oceanic and Atmospheric Research, $729,685,000 
shall be for the National Weather Service, $153,827,000 shall be for the 
National Environmental Satellite, Data, and Information Service, and 
$310,295,000 shall be for Program Support: Provided further, That no 
general administrative charge shall be applied against an assigned 
activity included in this Act or the report accompanying this Act: 
Provided further, That deobligated balances of funds provided under this 
heading in previous years shall be deposited in the United States 
Treasury General Fund: Provided further, That payments of funds made 
available under this heading to the Department of Commerce Working 
Capital Fund shall not exceed $38,758,000: Provided further, That none 
of the funds under this

[[Page 118 STAT. 71]]

heading are available to alter the existing structure, organization, 
function, and funding of the National Marine Fisheries Service Southwest 
Region and Fisheries Science Center and Northwest Region and <<NOTE: 15 
USC 1540 note.>> Fisheries Science Center: Provided further, That, 
hereafter, the Secretary of Commerce may enter into cooperative 
agreements with the Joint and Cooperative Institutes as designated by 
the Secretary to use the personnel, services, or facilities of such 
organizations for research, education, training, and outreach: Provided 
further, That of the amounts appropriated under this heading, $1,207,000 
shall be transferred to and merged with funds appropriated under the 
heading, ``Salaries and Expenses, Marine Mammal Commission'', of which 
$500,000 shall remain available until September 30, 2005: Provided 
further, That none of the funds in this Act may be used for the National 
Oceanic and Atmospheric Administration to implement the Department of 
Commerce's E-Government initiatives.

    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
                            may be necessary.

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

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

    For the costs of direct loans as authorized by the Merchant Marine 
Act of 1936: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in the Federal Credit Reform Act of 
1990: Provided further, That these funds are available to subsidize 
gross obligations for the principle amount of direct loans not to exceed 
$5,000,000 for Individual Fishing Quota loans, and not to exceed 
$59,000,000 for traditional direct loans, of which $40,000,000 may be 
used for direct loans to the United States distant water tuna fleet, and 
of which $19,000,000 may be used for direct loans to the United States 
menhaden fishery: Provided

[[Page 118 STAT. 72]]

further, That none of the funds made available under this heading may be 
used for direct loans for any new fishing vessel that will increase the 
harvesting capacity in any United States fishery.

                         Departmental Management

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

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

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act shall 
be available for the activities specified in the Act of October 26, 1949 
(15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, 
and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments 
not otherwise authorized only upon the certification of officials 
designated by the Secretary of Commerce that such payments are in the 
public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefore, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. <<NOTE: 15 USC 313 note.>> Hereafter, none of the funds 
made available by this or any other Act for the National Oceanic and 
Atmospheric Administration may be used to support the hurricane 
reconnaissance aircraft and activities that are under the control of the 
United States Air Force or the United States Air Force Reserve.

    Sec. 204. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall be 
treated as a reprogramming of funds under section 605 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, <<NOTE: Notification.>> That the Secretary of Commerce shall 
notify the Committees on Appropriations at least 15 days in advance of 
the acquisition or disposal of any capital asset (including land, 
structures, and equipment) not specifically provided for in this or any 
other Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act.

    Sec. 205. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response

[[Page 118 STAT. 73]]

to funding reductions included in this title or from actions taken for 
the care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 605 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 206. <<NOTE: 31 USC 501 note.>> Hereafter, the Secretary of 
Commerce may use the Commerce franchise fund for expenses and equipment 
necessary for the maintenance and operation of such administrative 
services as the Secretary determines may be performed more 
advantageously as central services, pursuant to section 403 of Public 
Law 103-356: Provided, That any inventories, equipment, and other assets 
pertaining to the services to be provided by such fund, either on hand 
or on order, less the related liabilities or unpaid obligations, and any 
appropriations made for the purpose of providing capital shall be used 
to capitalize such fund: Provided further, That such fund shall be paid 
in advance from funds available to the Department and other Federal 
agencies for which such centralized services are performed, at rates 
which will return in full all expenses of operation, including accrued 
leave, depreciation of fund plant and equipment, amortization of 
automated data processing software and systems (either acquired or 
donated), and an amount necessary to maintain a reasonable operating 
reserve, as determined by the Secretary: Provided further, That such 
fund shall provide services on a competitive basis: Provided further, 
That an amount not to exceed 4 percent of the total annual income to 
such fund may be retained in the fund for fiscal year 2004 and each 
fiscal year thereafter, to remain available until expended, to be used 
for the acquisition of capital equipment, and for the improvement and 
implementation of department financial management, automated data 
processing, and other support systems: Provided further, That such 
amounts retained in the fund for fiscal year 2004 and each fiscal year 
thereafter shall be available for obligation and expenditure only in 
accordance with <<NOTE: Deadline.>> section 605 of this Act: Provided 
further, That no later than 30 days after the end of each fiscal year, 
amounts in excess of this reserve limitation shall be deposited as 
miscellaneous receipts in the Treasury.

    Sec. 207. Notwithstanding any other provision of law, of the amounts 
made available elsewhere in this title to the ``National Institute of 
Standards and Technology, Construction of Research Facilities'', 
$14,000,000 is appropriated to fund a cooperative agreement with the 
Medical University of South Carolina, $5,000,000 is appropriated to the 
Thayer School of Engineering, of which $1,000,000 is for research 
relating to intelligent control of distributed systems, $2,000,000 is 
for a smart laser beam project, and $2,000,000 is for research relating 
to nanomagnetics, $500,000 is appropriated to the Institute for 
Information Infrastructure Protection at the Institute for Security and 
Technology Studies, $1,000,000 is appropriated for the Institute of 
Politics, and $500,000 is appropriated for the Coastal Conservation 
Center.
    Sec. 208. Of the amount available from the fund entitled ``Promote 
and Develop Fishery Products and Research Pertaining to

[[Page 118 STAT. 74]]

American Fisheries'', $10,000,000 shall be provided to the Alaska 
Fisheries Marketing Board, $2,000,000 shall be available to the Gulf and 
South Atlantic Fisheries Foundation, $2,000,000 shall be available to 
the South Carolina Seafood Alliance, $1,500,000 shall be available to 
the Oregon Trawl Commission, and $1,500,000 shall be available to the 
Oregon State University Seafood Laboratory: Provided, That: (1) the 
Alaska Fisheries Marketing Board (hereinafter ``the Board'') shall be a 
nonprofit organization and not an agency or establishment of the United 
States; (2) the Secretary may appoint, assign, or otherwise designate as 
Executive Director an employee of the Department of Commerce, who may 
serve in an official capacity in such position, with or without 
reimbursement, and such appointment or assignment shall be without 
interruption or loss of civil service status or privilege; and (3) the 
Board may adopt bylaws consistent with the purposes of this section, and 
may undertake other acts necessary to carry out the provisions of this 
section.
    Sec. 209. (a) Notwithstanding the provisions of the Public Works and 
Economic Development Act as amended (42 U.S.C. 3121, et seq.) or any 
other provision of law, the Economic Development Administration shall 
approve the sale, transfer, or conveyance, without compensation to the 
agency, of any land on the former Charleston Naval Base, located north 
of Viaduct Road which was improved by EDA project numbers 04-49-04196, 
04-49-04280, 04-49-04462, and 04-49-04461 and funds obligated but not 
yet disbursed in connection with EDA project number 04-49-04347 shall 
remain available until expended and, as of September 30, 2003, shall be 
exempt from the application of section 1552 of title 31, United States 
Code.
    (b) <<NOTE: Alabama. Alabama Real Estate Holdings, 
Inc.>> Notwithstanding any other provision of law, the Secretary of 
Commerce shall approve, without compensation to the Agency, a lease to 
be entered into by the City of Florence, Alabama, and Alabama Real 
Estate Holdings, Inc., containing such terms and conditions as the city 
of Florence determines appropriate, for use of the parcel of land 
(including improvements thereon) located in Florence, Alabama, that was 
improved using assistance from the Economic Development Administration 
under EDA project number 04-01-03963.

    Sec. 210. (a) <<NOTE: South Carolina. Memorandum.>> The Secretary of 
Commerce is authorized to operate a marine laboratory in South Carolina 
in accordance with a memorandum of agreement, including any future 
amendments, among the National Oceanic and Atmospheric Administration, 
the National Institute of Standards and Technology, the State of South 
Carolina, the Medical University of South Carolina, and the College of 
Charleston as a partnership for collaborative, interdisciplinary marine 
scientific research.

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

[[Page 118 STAT. 75]]

be used to sustain basic laboratory operations for all participating 
entities. The Secretary of Commerce is authorized to charge fees and 
enter into contracts, grants, cooperative agreements and other 
arrangements with Federal, State, private entities, and other entities, 
domestic and foreign, to further the mission of the Laboratory. Any 
funds collected from such fees or arrangements shall be used to support 
cooperative research, basic operations, and facilities enhancement at 
the Laboratory.
    Sec. 211. Extension of Guarantee Authority. (a) In General.--Section 
101(k) of the Emergency Steel Loan Guarantee Act of 1999 (Public Law 
106-51; 15 U.S.C. 1841 note) is amended by striking ``2003'' and 
inserting ``2005''.
    (b) Salaries and Expenses.--In addition to funds made available 
under section 101(j) of Emergency Steel Loan Guarantee Act of 1999 (15 
U.S.C. 1841 note), up to $2,000,000 in funds made available under 
section 101(f) of such Act may be used for salaries and administrative 
expenses to administer the Emergency Steel Loan Guarantee Program.
    Sec. 212. In addition to amounts made available under the heading 
``Procurement, Acquisition and Construction, National Oceanic and 
Atmospheric Administration'' $1,500,000 shall be available for the 
Western Carolina University, $1,000,000 shall be available for the South 
Florida Museum, $140,000 shall be available for the French and Indian 
War Foundation, $1,000,000 shall be available for the City of 
Chattanooga, Tennessee, $1,000,000 shall be available for the University 
of Mississippi, $1,000,000 shall be available for the City of Charlotte, 
North Carolina, and $489,000 shall be available for a public safety 
marine docking facility for Hampton, New Hampshire.
    Sec. 213. In addition to amounts appropriated or otherwise made 
available by this Act or any other Act, $500,000 shall be provided until 
expended for the Federal Credit Reform Act cost of a reduction loan 
under sections 1111 and 1112 of title XI of the Merchant Marine Act, 
1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in 
principal, that--
            (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a 
        term of not less than 30 years;
            (2) carries out a New England lobster fishing capacity 
        reduction program which may include fewer than all management 
        areas of the fishery;
            (3) permanently revokes all fishery licenses, fishery 
        permits, area and species endorsements, and any other fishery 
        privileges issued to a vessel or vessels (or to persons on the 
        basis of their operation or ownership of that vessel or vessels) 
        removed under the program; and
            (4) ensures that all vessels removed from the fishery under 
        the program are made permanently ineligible to participate in 
        any fishery worldwide, and that the owners of such vessels will 
        operate only under the United States flag or such vessels shall 
        be scrapped as a reduction vessel pursuant to section 
        600.1011(c) of title 50, Code of Federal Regulations.

    Sec. 214. In addition to amounts appropriated or otherwise made 
available by this Act or any other Act, $500,000 shall be provided until 
expended for the Federal Credit Reform Act cost of a reduction loan 
under sections 1111 and 1112 of title XI of the Merchant Marine Act, 
1936 (46 U.S.C. App. 1279f, 1279g), not to exceed $50,000,000 in 
principal, that--

[[Page 118 STAT. 76]]

            (1) notwithstanding 46 U.S.C. App. 1279f(b), shall have a 
        term of not less than 30 years;
            (2) carries out a Bering Sea and Aleutian Islands non-
        pollock groundfish capacity reduction program which may include 
        fewer than all management areas of the fishery;
            (3) permanently revokes all fishery licenses, fishery 
        permits, area and species endorsements, and any other fishery 
        privileges issued to a vessel or vessels (or to persons on the 
        basis of their operation or ownership of that vessel or vessels) 
        removed under the program; and
            (4) ensures that all vessels removed from the fishery under 
        the program are made permanently ineligible to participate in 
        any fishery worldwide, and that the owners of such vessels will 
        operate only under the United States flag or such vessels shall 
        be scrapped as a reduction vessel pursuant to section 
        600.1011(c) of title 50, Code of Federal Regulations.

    Sec. 215. Of the unobligated balances available to the Department of 
Commerce from prior year appropriations with the exception of funds 
provided for coral reef activities, fisheries enforcement, the Ocean 
Health Initiative, land acquisition, and lab construction, $100,000,000 
are rescinded: Provided, <<NOTE: Deadline. Reports.>> That within 30 
days after the date of enactment of this section the Secretary of 
Commerce shall submit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the amount of each 
rescission made pursuant to this section.

    This title may be cited as the ``Department of Commerce and Related 
Agencies Appropriations Act, 2004''.

TITLE III--THE <<NOTE: Judiciary Appropriations Act, 2004.>> JUDICIARY

                   Supreme Court of the United States

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

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

         United States Court of Appeals for the Federal Circuit

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

[[Page 118 STAT. 77]]

               United States Court of International Trade

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

     Courts of Appeals, District Courts, and Other Judicial Services

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

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

[[Page 118 STAT. 78]]

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

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

            Administrative Office of the United States Courts

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

                         Federal Judicial Center

    For necessary expenses of the Federal Judicial Center, as authorized 
by Public Law 90-219, $21,440,000; of which $1,800,000 shall remain 
available through September 30, 2005, to provide education and training 
to Federal court personnel; and of which not to exceed $1,000 is 
authorized for official reception and representation expenses.

[[Page 118 STAT. 79]]

                        Judicial Retirement Funds

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

                   United States Sentencing Commission

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

                    General Provisions--The Judiciary

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

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

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including employment, without regard 
to civil service and classification laws, of persons on a temporary 
basis (not to exceed $700,000 of this appropriation),

[[Page 118 STAT. 80]]

as authorized by section 801 of the United States Information and 
Educational Exchange Act of 1948; representation to certain 
international organizations in which the United States participates 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate or specific Acts of Congress; arms control, nonproliferation and 
disarmament activities as authorized; acquisition by exchange or 
purchase of passenger motor vehicles as authorized by law; and for 
expenses of general administration, $3,420,000,000: Provided, That not 
to exceed 69 permanent positions and $7,311,000 shall be expended for 
the Bureau of Legislative Affairs: Provided further, That, of the amount 
made available under this heading, not to exceed $4,000,000 may be 
transferred to, and merged with, funds in the ``Emergencies in the 
Diplomatic and Consular Service'' appropriations account, to be 
available only for emergency evacuations and terrorism rewards: Provided 
further, That, of the amount made available under this heading, 
$301,563,000 shall be available only for public diplomacy 
international <<NOTE: Establishment.>> information programs: Provided 
further, That of the amount made available under this heading, 
$3,000,000 shall be available only for the establishment and operations 
of an Office on Right-Sizing the United States Government Overseas 
Presence: Provided further, That funds available under this heading may 
be available for a United States Government interagency task force to 
examine, coordinate and oversee United States participation in the 
United Nations headquarters renovation project: Provided 
further, <<NOTE: China. Notification.>> That no funds may be obligated 
or expended for processing licenses for the export of satellites of 
United States origin (including commercial satellites and satellite 
components) to the People's Republic of China unless, at least 15 days 
in advance, the Committees on Appropriations of the House of 
Representatives and the Senate are notified of such proposed action.

    In addition, not to exceed $1,371,000 shall be derived from fees 
collected from other executive agencies for lease or use of facilities 
located at the International Center in accordance with section 4 of the 
International Center Act; in addition, as authorized by section 5 of 
such Act, $490,000, to be derived from the reserve authorized by that 
section, to be used for the purposes set out in that section; in 
addition, as authorized by section 810 of the United States Information 
and Educational Exchange Act, not to exceed $6,000,000, to remain 
available until expended, may be credited to this appropriation from 
fees or other payments received from English teaching, library, motion 
pictures, and publication programs and from fees from educational 
advising and counseling and exchange visitor programs; and, in addition, 
not to exceed $15,000, which shall be derived from reimbursements, 
surcharges, and fees for use of Blair House facilities.
    In <<NOTE: Establishment.>> addition, for the costs of worldwide 
security upgrades, $646,701,000, to remain available until expended: 
Provided, That, of the amounts made available under this paragraph, 
$5,000,000 is for the State Department to establish the Center for 
Antiterrorism and Security Training.

    In addition, for the costs of worldwide OpenNet and classified 
connectivity infrastructure, $40,000,000, to remain available until 
expended.

[[Page 118 STAT. 81]]

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

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

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

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

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

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

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

[[Page 118 STAT. 82]]

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

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

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

                       International Organizations

    For <<NOTE: 22 USC 269a note.>> expenses, not otherwise provided 
for, necessary to meet annual obligations of membership in international 
multilateral organizations, pursuant to treaties ratified pursuant to 
the advice and consent of the Senate, conventions or specific Acts of 
Congress, $1,010,463,000: Provided, That the Secretary of State shall 
transmit to the Committees on Appropriations of the Senate and of the 
House of Representatives the most recent biennial budget prepared by the 
United Nations for the operations of the United Nations: Provided 
further, <<NOTE: Notification. contributions for international 
peacekeeping activities>> That the Secretary of State shall notify the 
Committees on Appropriations at least 15 days in advance (or in an 
emergency, as far in advance as is practicable) of any United Nations 
action to increase funding for any United Nations program without 
identifying an offsetting decrease elsewhere in the United Nations 
budget and cause the United Nations to exceed the adopted budget for the 
biennium 2002-2003 of $2,891,000,000: Provided further, That any payment 
of arrearages under this title shall be directed toward special 
activities that are mutually agreed upon by the United States and the 
respective international organization: Provided further, That none of 
the funds appropriated in this paragraph shall be available for a United 
States contribution to an international organization for the United 
States share of interest costs made known to the United States 
Government by such organization for loans incurred on or after October 
1, 1984, through external borrowings: Provided further, That funds 
appropriated under this paragraph may be obligated and expended to pay 
the full United States assessment to the civil budget of the North 
                      Atlantic Treaty Organization.

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $550,200,000, of which 
10 percent shall remain available until September 30,

[[Page 118 STAT. 83]]

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

                        International Commissions

    For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise 
provided for, to meet obligations of the United States arising under 
treaties, or specific Acts of Congress, as follows:

  international boundary and water commission, united states and mexico

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

                          salaries and expenses

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

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

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized

[[Page 118 STAT. 84]]

by Public Law 103-182, $8,944,000, of which not to exceed $9,000 shall 
be available for representation expenses incurred by the International 
                            Joint Commission.

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

                                  Other

                     payment to the asia foundation

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

    For <<NOTE: Establishment. international center for middle eastern-
western dialogue>> a grant to the International Center for Middle 
Eastern-Western Dialogue Trust Fund, $7,000,000, for operation of the 
International Center for Middle Eastern-Western Dialogue, Istanbul, 
Turkey, to remain available until expended, of which $250,000 shall be 
made available out of such Trust Fund for the establishment and 
operation of a steering committee, which the Secretary of State shall 
appoint to establish the International Center for Middle Eastern-Western 
                                Dialogue.

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

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

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization

[[Page 118 STAT. 85]]

Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and 
earnings accruing to the Israeli Arab Scholarship Fund on or before 
         September 30, 2004, to remain available until expended.

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

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

                             RELATED AGENCY

                     Broadcasting Board of Governors

                  international broadcasting operations

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

    For the purchase, rent, construction, and improvement of facilities 
for radio transmission and reception, and purchase and installation of 
necessary equipment for radio and television transmission

[[Page 118 STAT. 86]]

and reception as authorized, $11,395,000, to remain available until 
expended, as authorized.

       General Provisions--Department of State and Related Agency

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of title 5, United States Code; for services 
as authorized by 5 U.S.C. 3109; and for hire of passenger transportation 
pursuant to 31 U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors in this Act 
may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. None of the funds made available in this Act may be used 
by the Department of State or the Broadcasting Board of Governors to 
provide equipment, technical support, consulting services, or any other 
form of assistance to the Palestinian Broadcasting Corporation.
    Sec. 404. <<NOTE: Citizenship.>> For the purposes of registration of 
birth, certification of nationality, or issuance of a passport of a 
United States citizen born in the city of Jerusalem, the Secretary of 
State shall, upon request of the citizen, record the place of birth as 
Israel.

    Sec. 405. Section 2502 of the Emergency Wartime Supplemental 
Appropriations Act, <<NOTE: 117 Stat. 595.>> 2003 (Public Law 108-11) is 
repealed.

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

[[Page 118 STAT. 87]]

    (b) None of the funds provided in this or any other Act shall be 
expended to perform functions that duplicate coordinating 
responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to the 
authorities that appointed them pursuant to section 406 of division B of 
Public Law 108-7.
    Sec. 409. <<NOTE: Records. Deadline.>> The Secretary of State shall 
provide to a member of the Committee on Appropriations of the Senate or 
the Committee on Appropriations of the House of Representatives a copy 
of each cable sent to or by a Department of State employee that pertains 
to any topic specified by the requesting member, regardless of the level 
of classification of the cable, not later than 15 days after the date on 
which the member makes a written or verbal request for such copies.

    This title may be cited as the ``Department of State and Related 
Agency Appropriations Act, 2004''.

                        TITLE V--RELATED AGENCIES

                   Antitrust Modernization Commission

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

      Commission for the Preservation of America's Heritage Abroad

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

                       Commission on Civil Rights

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

              Commission on International Religious Freedom

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

[[Page 118 STAT. 88]]

            Commission on Security and Cooperation in Europe

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

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

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

                 Equal Employment Opportunity Commission

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

                    Federal Communications Commission

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

[[Page 118 STAT. 89]]

received in excess of $272,958,000 in fiscal year 2004 shall remain 
available until expended, but shall not be available for obligation 
until October 1, 2004: Provided further, That notwithstanding 47 U.S.C. 
309(j)(8)(B), proceeds from the use of a competitive bidding system that 
may be retained and made available for obligation shall not exceed 
$85,000,000 for fiscal year 2004.

                        Federal Trade Commission

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

                             HELP Commission

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

                       Legal Services Corporation

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

[[Page 118 STAT. 90]]

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

    None of the funds appropriated in this Act to the Legal Services 
Corporation shall be expended for any purpose prohibited or limited by, 
or contrary to any of the provisions of, sections 501, 502, 503, 504, 
505, and 506 of Public Law 105-119, and all funds appropriated in this 
Act to the Legal Services Corporation shall be subject to the same terms 
and conditions set forth in such sections, except that all references in 
sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead 
to 2003 and 2004, respectively, and except that section 501(a)(1) of 
Public Law 104-134 (110 Stat. 1321-51, et seq.) shall not apply to the 
use of the $2,500,000 to address loss of funding due to Census-based 
reallocations.

                        Marine Mammal Commission

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

           National Veterans Business Development Corporation

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

                   Securities and Exchange Commission

    For necessary expenses for the Securities and Exchange Commission, 
including services as authorized by 5 U.S.C. 3109, the rental of space 
(to include multiple year leases) in the District of Columbia and 
elsewhere, and not to exceed $3,000 for official reception and 
representation expenses, $811,500,000; of which not to exceed $10,000 
may be used toward funding a permanent secretariat for the International 
Organization of Securities Commissions; and of which not to exceed 
$100,000 shall be available for expenses for consultations and meetings 
hosted by the Commission with foreign governmental and other regulatory 
officials, members of their delegations, appropriate representatives and 
staff to exchange views concerning developments relating to securities 
matters, development and implementation of cooperation agreements 
concerning securities matters and provision of technical assistance for 
the development of foreign securities markets, such expenses to include 
necessary logistic and administrative expenses and the expenses of 
Commission staff and foreign invitees in attendance at such 
consultations and meetings including: (1) such incidental expenses as 
meals taken in the course of such attendance; (2)

[[Page 118 STAT. 91]]

any travel and transportation to or from such meetings; and (3) any 
other related lodging or subsistence: Provided, That fees and charges 
authorized by sections 6(b) of the Securities Exchange Act of 1933 (15 
U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the Securities Exchange Act 
of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee), shall be credited to this 
account as offsetting collections: Provided further, That not to exceed 
$691,500,000 of such offsetting collections shall be available until 
expended for necessary expenses of this account: Provided further, That 
$120,000,000 shall be derived from prior year unobligated balances from 
funds previously appropriated to the Securities and Exchange Commission: 
Provided further, That the total amount appropriated under this heading 
from the general fund for fiscal year 2004 shall be reduced as such 
offsetting fees are received so as to result in a final total fiscal 
year 2004 appropriation from the general fund estimated at not more than 
$0.

                      Small Business Administration

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

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

    For the cost of direct loans, $1,910,000, to be available until 
expended; and for the cost of guaranteed loans, $79,132,000, as 
authorized by 15 U.S.C. 631 note, of which $45,000,000 shall remain 
available until September 30, 2005: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That during 
fiscal year 2004 commitments to guarantee loans under section 503 of the 
Small Business Investment Act of 1958, shall not exceed $4,500,000,000: 
Provided further, That during fiscal year 2004 commitments for general 
business loans authorized under section 7(a) of the Small Business Act, 
shall not exceed $10,000,000,000 without prior notification of the 
Committees on Appropriations of the House of Representatives and Senate 
in accordance with section 605 of this Act: Provided further, That

[[Page 118 STAT. 92]]

during fiscal year 2004 commitments to guarantee loans for debentures 
and participating securities under section 303(b) of the Small Business 
Investment Act of 1958, shall not exceed the levels established by 
section 20(i)(1)(C) of the Small Business Act.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $128,000,000, which may be transferred to and 
        merged with the appropriations for Salaries and Expenses.

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

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

                         State Justice Institute

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

[[Page 118 STAT. 93]]

       United States-China Economic and Security Review Commission

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

                      TITLE VI--GENERAL PROVISIONS

    Sec. 601. No part of any appropriation contained in this Act shall 
be used for publicity or propaganda purposes not authorized by the 
Congress.
    Sec. 602. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 603. <<NOTE: Contracts. Public information.>> The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to 
those contracts where such expenditures are a matter of public record 
and available for public inspection, except where otherwise provided 
under existing law, or under existing Executive order issued pursuant to 
existing law.

    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons or 
circumstances other than those as to which it is held invalid shall not 
be affected thereby.
    Sec. 605. (a) <<NOTE: Notifications.>> None of the funds provided 
under this Act, or provided under previous appropriations Acts to the 
agencies funded by this Act that remain available for obligation or 
expenditure in fiscal year 2004, or provided from any accounts in the 
Treasury of the United States derived by the collection of fees 
available to the agencies funded by this Act, shall be available for 
obligation or expenditure through a reprogramming of funds that: (1) 
creates new programs; (2) eliminates a program, project, or activity; 
(3) increases funds or personnel by any means for any project or 
activity for which funds have been denied or restricted; (4) relocates 
an office or employees; (5) reorganizes or renames offices; (6) 
reorganizes programs or activities; or (7) contracts out or privatizes 
any functions or activities presently performed by Federal employees; 
unless the Appropriations Committees of both Houses of Congress are 
notified 15 days in advance of such reprogramming of funds.

    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2004, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects (including construction projects), or activities; (2) 
reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved by Congress; 
or (3) results from any general savings from a reduction in personnel

[[Page 118 STAT. 94]]

which would result in a change in existing programs, activities, or 
projects as approved by Congress; unless the Appropriations Committees 
of both Houses of Congress are notified 15 days in advance of such 
reprogramming of funds.
    Sec. 606. None of the funds made available in this Act may be used 
for the construction, repair (other than emergency repair), overhaul, 
conversion, or modernization of vessels for the National Oceanic and 
Atmospheric Administration in shipyards located outside of the United 
States.
    Sec. 607. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract or 
subcontract made with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 608. <<NOTE: Religious harassment.>> None of the funds made 
available in this Act may be used to implement, administer, or enforce 
any guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).

    Sec. 609. None of the funds appropriated or otherwise made available 
by this Act or any other Act may be used to implement, enforce, or 
otherwise abide by the Memorandum of Agreement signed by the Federal 
Trade Commission and the Antitrust Division of the Department of Justice 
on March 5, 2002.
    Sec. 610. <<NOTE: United Nations.>> None of the funds made available 
by this Act may be used for any United Nations undertaking when it is 
made known to the Federal official having authority to obligate or 
expend such funds that: (1) the United Nations undertaking is a 
peacekeeping mission; (2) such undertaking will involve United States 
Armed Forces under the command or operational control of a foreign 
national; and (3) the President's military advisors have not submitted 
to the President a recommendation that such involvement is in the 
national security interests of the United States and the President has 
not submitted to the Congress such a recommendation.

    Sec. 611. <<NOTE: Records.>> The Departments of Commerce, Justice, 
and State, the Judiciary and the Small Business Administration shall 
provide to the Committees on Appropriations of the Senate and of the 
House of Representatives a quarterly accounting of the cumulative 
balances of any unobligated funds that were received by such agency 
during any previous fiscal year.

    Sec. 612. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 609 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) <<NOTE: Applicability.>> The requirements in subparagraphs (A) 
and (B) of section 609 of that Act shall continue to apply during fiscal 
year 2004.

    Sec. 613. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response

[[Page 118 STAT. 95]]

to funding reductions included in this Act shall be absorbed within the 
total budgetary resources available to such department or agency: 
Provided, That the authority to transfer funds between appropriations 
accounts as may be necessary to carry out this section is provided in 
addition to authorities included elsewhere in this Act: Provided 
further, That use of funds to carry out this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 614. Of the funds appropriated in this Act under the heading 
``Office of Justice Programs--State and Local Law Enforcement 
Assistance'', not more than 90 percent of the amount to be awarded to an 
entity under the Local Law Enforcement Block Grant shall be made 
available to such an entity when it is made known to the Federal 
official having authority to obligate or expend such funds that the 
entity that employs a public safety officer (as such term is defined in 
section 1204 of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968) does not provide such a public safety officer who retires 
or is separated from service due to injury suffered as the direct and 
proximate result of a personal injury sustained in the line of duty 
while responding to an emergency situation or a hot pursuit (as such 
terms are defined by State law) with the same or better level of health 
insurance benefits at the time of retirement or separation as they 
received while on duty.
    Sec. 615. <<NOTE: Tobacco and tobacco products.>> None of the funds 
provided by this Act shall be available to promote the sale or export of 
tobacco or tobacco products, or to seek the reduction or removal by any 
foreign country of restrictions on the marketing of tobacco or tobacco 
products, except for restrictions which are not applied equally to all 
tobacco or tobacco products of the same type.

    Sec. 616. (a) None of the funds appropriated or otherwise made 
available by this Act shall be expended for any purpose for which 
appropriations are prohibited by section 616 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 1999.
    (b) <<NOTE: Applicability.>> The requirements in subsections (b) and 
(c) of section 616 of that Act shall continue to apply during fiscal 
year 2004.

    Sec. 617. (a) <<NOTE: Firearms.>> None of the funds appropriated 
pursuant to this Act or any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.

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

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

[[Page 118 STAT. 96]]

10601 in any fiscal year in excess of $625,000,000 shall not be 
available for obligation until the following fiscal year.
    Sec. 619. <<NOTE: Discrimination.>> None of the funds made available 
to the Department of Justice in this Act may be used to discriminate 
against or denigrate the religious or moral beliefs of students who 
participate in programs for which financial assistance is provided from 
those funds, or of the parents or legal guardians of such students.

    Sec. 620. None of the funds appropriated or otherwise made available 
to the Department of State shall be available for the purpose of 
granting either immigrant or nonimmigrant visas, or both, consistent 
with the determination of the Secretary of State under section 243(d) of 
the Immigration and Nationality Act, to citizens, subjects, nationals, 
or residents of countries that the Secretary of Homeland Security has 
determined deny or unreasonably delay accepting the return of citizens, 
subjects, nationals, or residents under that section.
    Sec. 621. For additional amounts under the heading ``Small Business 
Administration, Salaries and Expenses'', $1,592,000 shall be available 
for the Advanced and Applied Polymer Processing Institute; $500,000 
shall be available for Northeast South Dakota Tech-Based Skills 
Development; $750,000 shall be available for the Southern Methodist 
University Law School Rule of Law; $1,000,000 shall be available for the 
Accelerated Entrepreneur ``AcE'' Program; $500,000 shall be available 
for the National Mass Fatalities Institute; $1,000,000 shall be 
available for the Textile Tracers Program; $500,000 shall be available 
for the Maryland Technology-Based Rural Business Incubation Initiative; 
$1,000,000 shall be available for the Northeast Indiana Innovation 
Center; $750,000 shall be available for the Lewis and Clark Bicentennial 
Bi-State Safety Project; $1,000,000 shall be available for the 
Greenville Automotive Research Park; $1,000,000 shall be available for 
the Indiana University Kokomo Business Incubator; $1,593,000 shall be 
available for the Tuck School of Business for its partnership with the 
Minority Business Development Administration; $500,000 shall be 
available for Project Restore; $325,000 shall be available for the 
School of the Building Arts Trade Program; $500,000 shall be available 
for the South Carolina Export Consortium; $500,000 shall be available 
for the Freewoods Farm Living Farm Museum in Horry County, South 
Carolina; $1,590,000 shall be available for the Alaska InvestNet/
Technology Venture Center and Tech Ranch in Montana; $1,000,000 shall be 
available for Youth and Family with Promises; $500,000 shall be 
available for the Wisconsin Procurement Institute; $1,000,000 shall be 
available for the Next Generation Economy Initiative; $1,000,000 shall 
be available for the Westside Intercept Project; $250,000 shall be 
available for the International Trade Data Network; $1,000,000 shall be 
available for the University of Missouri-St. Louis Information 
Technology Incubator Project; $750,000 shall be available for the Idaho 
Virtual Incubator/Lewis-Clark State College; $850,000 shall be available 
for the UNI Student Business Incubator; $1,500,000 shall be available 
for the promotion and operation of the grant to the Adelante Development 
Center, Inc., in Albuquerque, New Mexico; $250,000 shall be available 
for the Mississippi Delta Technology Council; $2,250,000 shall be 
available for a grant to the Virginia Community College System (VCCS) 
for improvement of distance learning programs; $175,000 shall be 
available for a grant to the Loudoun Convention and Visitors Association 
in Virginia; $100,000 shall

[[Page 118 STAT. 97]]

be available for a grant to The Cedar Creek Battlefield Foundation; 
$100,000 shall be available for a grant to Belle Grove Plantation; 
$750,000 shall be available for a grant to Shenandoah University to 
develop a historical and tourism development facility; $1,000,000 shall 
be available for a grant to the Northern Virginia Technology Council for 
a technology entrepreneurship development and resource center; $100,000 
shall be available for a grant to the Washington Airports Task Force to 
promote small business growth of passenger, cargo and other aviation 
services; $100,000 shall be available for a grant to Team Northeast 
Ohio; $500,000 shall be available for a grant to Wilberforce University 
for a technology initiative; $250,000 shall be available for a grant for 
REI Rural Business Resources Center in Seminole, Oklahoma; $1,100,000 
shall be available for a grant to Iowa State University for the 
development of a research park biologics facility; $200,000 shall be 
available for a grant to the Clarion County Economic Development 
Corporation; $200,000 shall be available for a grant to the Venango 
Economic Development Corporation; $900,000 shall be available for a 
grant to the Illinois Institute of Technology to examine and assess 
advancements in biotechnologies; $1,000,000 shall be available for the 
Illinois Coalition for technology development assistance activities; 
$200,000 shall be available for a grant for the Port of Benton for the 
planning of a science and technology park in Richland, Washington; 
$1,500,000 shall be available for a grant to Rockford Area Ventures, 
Rockford, Illinois, to establish a small manufacturing business 
incubator and technology research and development center; $100,000 shall 
be available for a grant to Western Kentucky University for a business 
incubator; $200,000 shall be available for a grant for the Chicago Field 
Museum for a collections resource center; $100,000 shall be available 
for a grant for the Purdue University School of Pharmacy for the 
development of a national center for pharmaceutical technology; $100,000 
shall be available for a grant to the Cedarbridge Development Urban 
Renewal Corporation for facilities development; $100,000 shall be 
available for a grant for Concourse Village in the Bronx, New York; 
$500,000 shall be available for a grant to Pro Co Technology Computer 
Training Center in the Bronx, New York, for a computer learning center; 
$200,000 shall be available for a grant for the Promesa Foundation in 
South Bronx, New York, to provide community growth funding; $560,000 
shall be available for a grant to Bronx Shepherds for a community 
resource center; $200,000 shall be available for a grant to HOGAR, Inc., 
in the Bronx, New York; $100,000 shall be available for a grant to the 
Alliance for Community Services for economic development in the Bronx, 
New York; $300,000 shall be available for a grant to Promesa Enterprises 
to provide services and support to community based organizations in the 
Bronx, New York; $300,000 shall be available for a grant to Bronx 
Overall Economic Development Corporation for technical assistance 
opportunities for businesses; $250,000 shall be available for a grant to 
St. Mary's College for a telecommunications initiative; $1,200,000 shall 
be available for a grant to the MountainMade Foundation to fulfill its 
charter purposes and to continue the initiative developed by the NTTC 
for outreach and promotion, business and sites development, the 
education of artists and craftspeople, and to promote small businesses, 
artisans and their products through market development, advertisement, 
commercial sale and other promotional means; $1,000,000 shall be 
available for the

[[Page 118 STAT. 98]]

Providence, Rhode Island Center for Women and Enterprise for 
infrastructure development; $1,200,000 shall be available for a grant 
for Northwest Shoals Community College to establish a Center for 
Business and Industry; $950,000 shall be available for a grant to the 
Family and Children's Service in Minneapolis, Minnesota for community 
support and development programs; $1,000,000 shall be available for a 
grant to the Wisconsin Procurement Institute to develop an electronic 
based system to provide access and opportunity to Federal funding; 
$200,000 shall be for a grant to the National Association of Development 
Organizations Research Foundation to provide training and education 
assistance to small business development finance professionals; $750,000 
shall be for a grant to the North Carolina Rural Economic Development 
Center for expenses and activities in support of the Capital Access 
Program; $500,000 shall be for a grant for the Women's Initiative for 
Self Employment in San Francisco, California; $400,000 shall be for a 
grant to Johnstown Area Regional Industries in Pennsylvania for 
workforce development training programs and Small Business Technology 
Centers; $400,000 shall be for a grant to Seton Hill University for 
expenses in support of the Virtual Entrepreneurial Center; $200,000 
shall be for a grant to the Economic Growth Connection Paperless 
Procurement Program; $200,000 shall be for a grant for the Ridgewood 
Myrtle Avenue Business Improvement District to conduct a redevelopment 
study; $400,000 shall be for a grant to Progress, Inc., to establish a 
Community Technology Center; $150,000 shall be for a grant for UPROSE 
for the ``Sunset Youth Industries'' project; $415,000 shall be available 
for a grant to the Southern and Eastern Kentucky Tourism Development 
Association for continuation of a regional tourism promotion initiative; 
and $300,000 shall be for the Arthur Avenue Retail Market in the Bronx, 
New York, for facility, improvement, and maintenance needs to meet the 
Market's business requirements: Provided, That section 625 of title I of 
division B of Public Law 108-7 is amended with respect to a <<NOTE: 117 
Stat. 103.>> grant of: (1) $450,000 to the Bronx Council on the Arts by 
striking ``help promote stabilization of small arts organizations'' and 
inserting ``provide financial assistance to small arts organizations to 
help promote stabilization''; and (2) $500,000 to the City of Merrill, 
Wisconsin by striking all that follows after ``Wisconsin'' and inserting 
``for the capitalization of a business development fund.''.

    Sec. 622. <<NOTE: Prisons and prisoners.>> None of the funds made 
available to the Department of Justice in this Act may be used for the 
purpose of transporting an individual who is a prisoner pursuant to 
conviction for crime under State or Federal law and is classified as a 
maximum or high security prisoner, other than to a prison or other 
facility certified by the Federal Bureau of Prisons as appropriately 
secure for housing such a prisoner.

    Sec. 623. (a) <<NOTE: Prisons and prisoners.>> None of the funds 
appropriated by this Act may be used by Federal prisons to purchase 
cable television services, to rent or purchase videocassettes, 
videocassette recorders, or other audiovisual or electronic equipment 
used primarily for recreational purposes.

    (b) The preceding sentence does not preclude the renting, 
maintenance, or purchase of audiovisual or electronic equipment for 
inmate training, religious, or educational programs.
    Sec. 624. <<NOTE: Government organization.>> A Deputy Assistant 
Administrator for non-contiguous States and territories shall, through 
the Senior Executive Service,

[[Page 118 STAT. 99]]

administer Small Business Administration programs in Alaska, Hawaii, and 
the territories, including disaster loans to fishermen, programs 
benefitting Alaska Native Corporations and Native Hawaiians, including 
but not limited to section 8(a) and Historically Underutilized Business 
Zones, and all other programs serving Alaska Natives and Native 
Hawaiians. All disaster loans issued in Alaska shall be administered by 
the Small Business Administration and shall not be sold during fiscal 
year 2004.
    Sec. 625. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 626. The Secretary of Commerce shall negotiate or reevaluate, 
with the consent of the President, international agreements affecting 
international ocean policy.
    Sec. 627. <<NOTE: Telecommuni- cating. 5 USC 6120 note.>> The 
Departments of Commerce, Justice, State, the Judiciary, and the Small 
Business Administration shall each establish a policy under which 
eligible employees may participate in telecommuting to the maximum 
extent possible without diminished 
employee <<NOTE: Deadline.>> performance: Provided, That, not later than 
6 months after the date of the enactment of this Act, each of the 
aforementioned entities shall provide that the requirements of this 
section are applied to 100 percent of the workforce: Provided further, 
That, of the funds appropriated in this Act for the Departments of 
Commerce, Justice, and State, the Judiciary, and the Small Business 
Administration, $200,000 shall be available to each Department or agency 
only to implement telecommuting <<NOTE: Deadline. Reports.>> programs: 
Provided further, That, every 6 months, each Department or agency shall 
provide a report to the Committees on Appropriations on the status of 
telecommuting programs, including the number of Federal employees 
eligible for, and participating in, such programs, and uses of funds 
designated under this <<NOTE: Establishment.>> section: Provided 
further, That each Department or agency shall designate a ``Telework 
Coordinator'' to be responsible for overseeing the implementation of 
telecommuting programs and serve as a point of contact on such programs 
for the Committees on Appropriations.

    Sec. 628. The paragraph under the heading ``Small Business 
Administration--Disaster Loans Program Account'' in chapter 2 of 
division B of Public Law 107-117 <<NOTE: 115 Stat. 2297.>> is amended by 
inserting ``or section 7(b) of the Small Business Act'' after 
``September 11, 2001''.

    Sec. 629. The Telecommunications Act of 1996 <<NOTE: 47 USC 303 
note.>> is amended as follows--
            (1) in section 202(c)(1)(B) <<NOTE: 110 Stat. 110.>> by 
        striking ``35 percent'' and inserting ``39 percent'';
            (2) in section 202(c) by adding the following new paragraphs 
        at the end:
            ``(3) Divestiture.--A <<NOTE: Broadcasting.>> person or 
        entity that exceeds the 39 percent national audience reach 
        limitation for television stations in paragraph (1)(B) through 
        grant, transfer, or assignment of an additional license for a 
        commercial television broadcast station shall have not more than 
        2 years after exceeding such limitation to come into compliance 
        with such limitation. This divestiture requirement shall not 
        apply to persons or entities that exceed the 39 percent national 
        audience reach limitation through population growth.

[[Page 118 STAT. 100]]

            ``(4) Forbearance.--Section 10 of the Communications Act of 
        1934 (47 U.S.C. 160) shall not apply to any person or entity 
        that exceeds the 39 percent national audience reach limitation 
        for television stations in paragraph (1)(B);''; and
            (3) in section 202(h) <<NOTE: 110 Stat. 110.>> by striking 
        ``biennially'' and inserting ``quadrennially'' and by adding the 
        following new flush sentence at the end:

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

    Sec. 631. Section 503(f) of the Small Business Investment Act of 
1958 (15 U.S.C. 697(f)) shall be amended by substituting ``March 15, 
2004'' for the last date that appears in the subsection.
    Sec. 632. In addition to amounts otherwise appropriated in this Act, 
the unobligated balances previously made available by section 507(g) of 
Public Law 105-135 shall be available until expended for the cost of 
general business loans under section 7(a) of the Small Business Act.
    Sec. 633. (a) <<NOTE: 22 USC 2078.>> There is established in the 
Treasury of the United States a trust fund to be known as the 
International Center for Middle Eastern-Western Dialogue Trust Fund. The 
income from the fund shall be used for operations of the International 
Center for Middle Eastern-Western Dialogue to promote dialogue and 
scholarship in the Middle East. The fund may accept contributions and 
gifts from public and private sources.

    (b) It shall be the duty of the Secretary of the Treasury to invest 
in full amounts made available to the fund. Such investments may be made 
only in interest-bearing obligations of the United States or in 
obligations guaranteed as to both principal and interest by the United 
States. The interest on, and the proceeds from the sale or redemption 
of, any obligations held in the fund shall be credited to and form a 
part of the fund and shall remain available without fiscal year 
limitation.
    (c) For each fiscal year, there is authorized to be appropriated 
from the fund for the operations of the International Center for

[[Page 118 STAT. 101]]

Middle Eastern-Western Dialogue the total amount of the interest and 
earnings credited to the fund under subsection (b).
    (d) There are authorized to be appropriated to the International 
Center for Middle Eastern-Western Dialogue Trust Fund, without fiscal 
year limitation, such sums as may be necessary to carry out the 
provisions of this section and to provide for the permanent endowment 
for the International Center for Middle Eastern-Western Dialogue 
established under this section.
    (e) <<NOTE: Turkey.>> The United States, through the Department of 
State, shall retain ownership of the Palazzo Corpi building in Istanbul, 
Turkey, and the Secretary of State shall be responsible for maintaining 
the International Center for Middle Eastern-Western Dialogue at such 
location.

    (f) Section 1321(a) of title 31, United States Code, is amended by 
inserting after ``(58) Inmates' fund, workhouse and reformatory, 
District of Columbia.'' the following new paragraph:
            ``(59) International Center for Middle Eastern-Western 
        Dialogue Trust Fund.''.

    Sec. 634. None of the funds appropriated or otherwise made available 
under this Act may be used to issue patents on claims directed to or 
encompassing a human organism.
    Sec. 635. None of the funds made available in this Act may be used 
to pay expenses for any United States delegation to the United Nations 
Human Rights Commission if such commission is chaired or presided over 
by a country, the government of which the Secretary of State has 
determined, for purposes of section 6(j)(1) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2405(j)(1)), has repeatedly provided support 
for acts of international terrorism.
    Sec. 636. None of the funds made available in this Act may be used 
in violation of section 212(a)(10)(C) of the Immigration and Nationality 
Act.
    Sec. 637. (a) <<NOTE: HELP Commission Act. 22 USC 2394b.>> This 
section may be cited as the ``HELP Commission Act''.

    (b)(1) The Congress finds that, despite the long-standing efforts 
and resources of the United States dedicated to helping needy people 
around the world, despair remains and in many areas is growing.
    (2) Therefore, a commission should be established to bring together 
the best minds associated with development and humanitarian assistance 
to make a comprehensive review of--
            (A) policy decisions, including why certain development 
        projects are funded and others are not, successes, and best 
        practices, including their applicability to other existing 
        programs and projects;
            (B) delivery obstacles, including the roles of United States 
        agencies and other governmental and nongovernmental 
        organizations;
            (C) methodology, including whether the delivery of United 
        States development assistance always represents best practices 
        and whether it can be improved; and
            (D) results, including measuring improvements in human 
        capacity instead of in purely economic terms.

    (3) An examination of these issues should present new approaches and 
ideas to ensure that United States development assistance reaches and 
benefits its intended recipients.

[[Page 118 STAT. 102]]

    (c)(1) <<NOTE: Establishment.>> There is established the Helping to 
Enhance the Livelihood of People (HELP) Around the Globe Commission (in 
this section referred to as the ``Commission'').

    (2) The Commission shall--
            (A) identify the past and present objectives of United 
        States development assistance, identify cases in which those 
        objectives have been met, identify the beneficiaries of such 
        assistance, and what percentage of the funds provided actually 
        reached the intended beneficiaries;
            (B) identify cases in which United States development 
        assistance has been most successful, and analyze how such 
        successes may be transferable to other countries or areas;
            (C) study ways to expand educational opportunities and 
        investments in people, and assess infrastructure needs;
            (D) analyze how the United States could place conditions on 
        governments in countries receiving United States development 
        assistance, in light of and notwithstanding the objectives of 
        the Millennium Challenge Account;
            (E) analyze ways in which the United States can coordinate 
        its development assistance programs with those of other donor 
        countries and international organizations;
            (F) analyze ways in which the safety of development 
        assistance workers can be ensured, particularly in the midst of 
        conflicts;
            (G) compare the effectiveness of increased and open trade 
        with development assistance, and analyze the advantages and 
        disadvantages of such trade and whether such trade could be a 
        more effective alternative to United States development 
        assistance;
            (H) analyze ways in which the United States can strengthen 
        the capacity of indigenous nongovernmental organizations to be 
        more effective in grassroots development;
            (I) analyze ways in which decisions on providing development 
        assistance can involve more of the people of the recipient 
        countries;
            (J) analyze ways in which results can be measured if United 
        States development assistance is targeted to the least developed 
        countries;
            (K) recommend standards that should be set for 
        ``graduating'' recipient countries from United States 
        development assistance;
            (L) analyze whether United States development assistance 
        should be used as a means to achieve United States foreign 
        policy objectives;
            (M) analyze how the United States can evaluate the 
        performance of its development assistance programs not only 
        against economic indicators, but in other ways, including how to 
        measure the success of United States development assistance in 
        democratization efforts; and evaluate the existing foreign 
        assistance framework to ascertain the degree of coordination, or 
        lack thereof, of the disparate foreign development programs as 
        administered by the various Federal agencies, to identify and 
        assess the redundancies of programs and organizational 
        structures engaged in foreign assistance, and to recommend 
        revisions to authorizing legislation for foreign assistance that 
        would seek to reconcile competing foreign policy and foreign aid 
        goals; and

[[Page 118 STAT. 103]]

            (N) study any other areas that the Commission considers 
        necessary relating to United States development assistance.

    (d)(1) The Commission shall be composed of 21 members as follows:
            (A) Six members shall be appointed by the President, of whom 
        at least two shall be representatives of nongovernmental 
        organizations.
            (B) Four members shall be appointed by the majority leader 
        of the Senate, and three members shall be appointed by the 
        minority leader of the Senate.
            (C) Four members shall be appointed by the Speaker of the 
        House of Representatives, and three members shall be appointed 
        by the minority leader of the House of Representatives.
            (D) The Administrator of the United States Agency for 
        International Development shall serve as a member of the 
        Commission, ex officio.

    (2) Members under subparagraphs (A) through (C) of paragraph (1) 
shall be appointed for the life of the Commission.
    (3) Members of the Commission shall be selected from among 
individuals noted for their knowledge and experience in foreign 
assistance, particularly development and humanitarian assistance.
    (4) <<NOTE: Deadline.>> The appointments under paragraph (1) shall 
be made not later than 60 days after the date of the enactment of this 
section.

    (5) <<NOTE: President.>> The President shall designate one of the 
members of the Commission not currently in Government service as the 
Chair of the Commission.

    (6) In order to facilitate the workload of the Commission, the 
Commission shall divide the membership of the Commission into three 
subcommittees representing the different regions of the world to which 
the United States provides development assistance, the membership of 
each subcommittee to be proportional to the percentage of United States 
development assistance provided to the region represented by the 
subcommittee. Each subcommittee shall elect one of its members as Chair 
of the subcommittee.
    (7)(A) Eleven members of the Commission shall constitute a quorum 
for purposes of transacting the business of the Commission. The 
Commission shall meet at the call of the Chair.
    (B) A majority of the members of each regional subcommittee shall 
constitute a quorum for purposes of transacting the business of the 
subcommittee. Each subcommittee shall meet at the call of the Chair of 
the subcommittee.
    (8) Any vacancy of the Commission shall not affect its powers, but 
shall be filled in the manner in which the original appointment was 
made.
    (9) The Administrator of General Services shall provide to the 
Commission on a reimbursable basis (or, in the discretion of the 
Administrator, on a nonreimbursable basis) such administrative support 
services as the Commission may request to carry out this section.
    (10)(A) Subject to subparagraph (B), members of the Commission shall 
serve without pay.
    (B) Members of the Commission who are full-time officers or 
employees of the United States or Members of Congress may not receive 
additional pay, allowances, or benefits by reason of their service on 
the Commission.

[[Page 118 STAT. 104]]

    (11) Members of the Commission shall be allowed travel expenses, 
including per diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from their homes or regular places of 
business in the performance of services for the Commission.
    (12)(A) The Chairman of the Commission may, without regard to the 
civil service laws and regulations, appoint and terminate an executive 
director and such other additional personnel as may be necessary to 
enable the Commission to perform its duties. The employment of an 
executive director shall be subject to confirmation by the Commission.
    (B) To the extent or in the amounts provided in advance in 
appropriations Acts--
            (i) the executive director shall be compensated at the rate 
        payable for level V of the Executive Schedule under section 5316 
        of title 5, United States Code; and
            (ii) the Chairman of the Commission may fix the compensation 
        of other personnel without regard to the provisions of chapter 
        51 and subchapter III of chapter 53 of title 5, United States 
        Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        personnel may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.

    (e)(1) The Commission may, for the purpose of carrying out its 
functions under this section, hold hearings, sit and act at times and 
places in the United States and in countries that receive United States 
development assistance, take testimony, and receive evidence as the 
Commission considers advisable to carry out the purposes of this 
section.
    (2) The Commission may secure directly from any Federal department 
or agency such information as the Commission considers necessary to 
carry out the provisions of this section. Upon request of the Chair of 
the Commission, the head of such department or agency shall furnish such 
information to the Commission, subject to applicable law.
    (3) The Commission may use the United States mails in the same 
manner and under the same conditions as other departments and agencies 
of the Federal Government.
    (4) The Commission may adopt such rules and regulations, relating to 
administrative procedure, as may be reasonably necessary to enable it to 
carry out the provisions of this section.
    (5) The Members of the Commission may, with the approval of the 
Commission, conduct such travel as is necessary to carry out the 
purposes of this section. Each trip must be approved by a majority of 
the Commission.
    (6) Upon the request of the Commission, the head of any Federal 
department or agency may detail, on a reimbursable or nonreimbursable 
basis, any of the personnel of that department or agency to the 
Commission to assist it in carrying out its functions under this 
section. The detail of any such personnel shall be without interruption 
or loss of civil service or Foreign Service status or privilege.
    (f)(1) <<NOTE: Deadline. Reports.>> Not later than 2 years after the 
members of the Commission are appointed under subsection (d)(1), the 
Commission shall

[[Page 118 STAT. 105]]

submit a report to the President, the Secretary of State, the Committee 
on Appropriations and the Committee on International Relations of the 
House of Representatives, and the Committee on Appropriations and the 
Committee on Foreign Relations of the Senate, setting forth its findings 
and recommendations under section (c)(2).
    (2) The report may be submitted in classified form, together with a 
public summary of recommendations, if the classification of information 
would further the purposes of this section.
    (3) Each member of the Commission may include the individual or 
dissenting views of the member.
    (g) The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Commission.
    (h) In this section, the term ``United States development 
assistance'' means--
            (1) assistance provided by the United States under chapters 
        1, 10, 11, and 12 of part I of the Foreign Assistance Act of 
        1961; and
            (2) assistance provided under any other provision of law to 
        carry out purposes comparable to those set forth in the 
        provisions referred to in paragraph (1).

    (i)(1) There are authorized to be appropriated to the Commission 
such sums as may be necessary to carry out this section.
    (2) Amounts authorized to be appropriated under subsection (a) are 
authorized to remain available until expended, but not later than the 
date of termination of the Commission.
    (j) <<NOTE: Termination.>> The Commission shall terminate 30 days 
after the submission of its report under subsection (f).

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

[[Page 118 STAT. 106]]

            (D) A description of the trends, both favorable and 
        unfavorable, in each development sector.
            (E) Statistical and other information necessary to evaluate 
        the impact and effectiveness of United States economic 
        assistance on development in the country.
            (F) A comparison of the analysis provided in the report with 
        relevant analyses by international financial institutions, other 
        international organizations, other donor countries, or 
        nongovernmental organizations.

    (2) The report required by this section shall identify--
            (A) each country in which United States economic assistance 
        has been most successful, as indicated by the extent to which 
        the specific objectives the United States sought to achieve in 
        providing the assistance for the country, as referred to in 
        paragraph (1)(A)(i), were achieved; and
            (B) each country in which United States economic assistance 
        has been least successful, as indicated by the extent to which 
        the specific objectives the United States sought to achieve in 
        providing the assistance for the country, as referred to in 
        paragraph (1)(A)(i), were not achieved; and, for each such 
        country, an explanation of why the assistance was not more 
        successful and a specification of what the United States has 
        done as a result.

    (3) Information under paragraphs (1) and (2) for a fiscal year shall 
not be required with respect to a country for which United States 
economic assistance for the country for the fiscal year is less than 
$5,000,000.
    (4) In this subsection, the term ``United States economic 
assistance'' means any bilateral economic assistance, from any budget 
functional category, that is provided by any department or agency of the 
United States to a foreign country, including such assistance that is 
intended--
            (A) to assist the development and economic advancement of 
        friendly foreign countries and peoples;
            (B) to promote the freedom, aspirations, or sustenance of 
        friendly peoples under oppressive rule by unfriendly 
        governments;
            (C) to promote international trade and foreign direct 
        investment as a means of aiding economic growth;
            (D) to save lives and alleviate suffering of foreign peoples 
        during or following wars, natural disasters, or complex crisies;
            (E) to assist in recovery and rehabilitation of countries or 
        peoples following disaster or war;
            (F) to protect refugees and promote durable solutions to aid 
        refugees;
            (G) to promote sound environmental practices;
            (H) to assist in development of democratic institutions and 
        good governance by the people of foreign countries;
            (I) to promote peace and reconciliation or prevention of 
        conflict;
            (J) to improve the technical capacities of governments to 
        reduce production of and demand for illicit narcotics; and
            (K) to otherwise promote through bilateral foreign economic 
        assistance the national objectives of the United States.

    Sec. 638. (a) There is hereby rescinded an amount equal to 0.465 
percent of the budget authority provided for fiscal year 2004 for any 
discretionary account in this Act.

[[Page 118 STAT. 107]]

    (b) Any rescission made by subsection (a) shall be applied 
proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in subsection (a); and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act or accompanying reports 
        for the relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation Acts, as 
        delineated in the most recently submitted President's budget).

                         TITLE VII--RESCISSIONS

                          DEPARTMENT OF JUSTICE

                         General Administration

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

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

                            Legal Activities

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

                          Federal Prison System

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

                       Office of Justice Programs

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

[[Page 118 STAT. 108]]

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

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

               DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

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

             National Oceanic and Atmospheric Administration

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

                      TITLE VIII--ALASKAN FISHERIES

    Sec. 801. Bering Sea and Aleutian Islands Crab Rationalization. 
Section 313 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.), as amended, is further amended by adding 
at the end <<NOTE: 16 USC 1862.>> thereof the following:

    ``(j) Bering Sea and Aleutian Islands Crab Rationalization.--
            ``(1) <<NOTE: Deadline.>> By not later than January 1, 2005, 
        the Secretary shall approve and hereafter implement by 
        regulation the Voluntary Three-Pie Cooperative Program for crab 
        fisheries of the Bering Sea and Aleutian Islands approved by the 
        North Pacific Fishery Management Council between June 2002 and 
        April 2003, and all trailing amendments including those reported 
        to Congress on May 6, 2003. This section shall not preclude the 
        Secretary from approving by January 1, 2005, and implementing 
        any subsequent program amendments approved by the Council.
            ``(2) Notwithstanding any other provision of this Act, in 
        carrying out paragraph (1) the Secretary shall approve all parts 
        of the Program referred to in such paragraph. Further, no part 
        of such Program may be implemented if, as approved by the North 
        Pacific Fishery Management Council, individual fishing quotas, 
        processing quotas, community development

[[Page 118 STAT. 109]]

        quota allocation, voluntary cooperatives, binding arbitration, 
        regional landing and processing requirements, community 
        protections, economic data collection, or the loan program for 
        crab fishing vessel captains and crew members, is invalidated 
        subject to a judicial determination not subject to judicial 
        appeal. If the Secretary determines that a processor has 
        leveraged its Individual Processor Quota shares to acquire a 
        harvesters open-delivery ``B shares'', the processor's 
        Individual Processor Quota shares shall be forfeited.
            ``(3) Subsequent to implementation pursuant to paragraph 
        (1), the Council may submit and the Secretary may implement 
        changes to or repeal of conservation and management measures, 
        including measures authorized in this section, for crab 
        fisheries of the Bering Sea and Aleutian Islands in accordance 
        with applicable law, including this Act as amended by this 
        subsection, to achieve on a continuing basis the purposes 
        identified by the Council.
            ``(4) The loan program referred to in paragraph (2) shall be 
        carried out pursuant to the authority of sections 1111 and 1112 
        of title XI of the Merchant Marine Act, 1936 (46 U.S.C. App. 
        1279f, 1279g).
            ``(5) For purposes of implementing this section $1,000,000 
        shall be made available each year until fully implemented from 
        funds otherwise made available to the National Marine Fisheries 
        Service for Alaska fisheries activities.
            ``(6) Nothing in this Act shall constitute a waiver, either 
        express or implied, of the antitrust laws of the United States. 
        The Secretary, in consultation with the Department of Justice 
        and the Federal Trade Commission, shall develop and implement a 
        mandatory information collection and review process to provide 
        any and all information necessary for the Department of Justice 
        and the Federal Trade Commission to determine whether any 
        illegal acts of anti-competition, anti-trust, or price collusion 
        have occurred among persons receiving individual processing 
        quotas under the Program. The Secretary may revoke any 
        individual processing quota held by any person found to have 
        violated a provision of the antitrust laws of the United States.
            ``(7) An individual processing quota issued under the 
        Program shall be considered a permit for the purposes of 
        sections 307, 308, and 309, and may be revoked or limited at any 
        time in accordance with this Act. Issuance of an individual 
        processing quota under the program shall not confer any right of 
        compensation to the holder of such individual processing quota 
        if it is revoked or limited and shall not create, or be 
        construed to create, any right, title, or interest in or to any 
        fish before the fish is purchased from an individual fishing 
        quota holder.
            ``(8) The restriction on the collection of economic data in 
        section 303 shall not apply with respect to any fish processor 
        who is eligible for, or who has received, individual processing 
        quota under the Program. The restriction on the disclosure of 
        information in section 402(b)(1) shall not apply when the 
        information is used to determine eligibility for or compliance 
        with an individual processing quota program.
            ``(9) <<NOTE: Applicability.>> The provisions of sections 
        308, 310, and 311 shall apply to the processing facilities and 
        fish products of any person

[[Page 118 STAT. 110]]

        holding individual processing quota, and the provisions of 
        subparagraphs (D), (E), and (L) of section 307(l) shall apply to 
        any facility owned or controlled by a person holding individual 
        processing quota.''.

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

    Sec. <<NOTE: 16 USC 1851 note.>> 803. Aleutian Islands Fisheries 
Development. (a) Aleutian Islands Pollock Allocation.--
Effective <<NOTE: Effective date.>> January 1, 2004 and thereafter, the 
directed pollock fishery in the Aleutian Islands Subarea [AI] of the 
BSAI (as defined in 50 CFR 679.2) shall be allocated to the Aleut 
Corporation (incorporated pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.)). Except with the permission of 
the Aleut Corporation or its authorized agent, the fishing or processing 
of any part of such allocation shall be prohibited by section 307 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857), subject to the penalties and sanctions under section 308 of such 
Act (16 U.S.C. 1858), and subject to the forfeiture of any fish 
harvested or processed.

    (b) Eligible Vessels.--Only vessels that are 60 feet or less in 
length overall and have a valid fishery endorsement, or vessels that are 
eligible to harvest pollock under section 208 of title II of division C 
of Public Law 105-277, shall be eligible to form partnerships with the 
Aleut Corporation (or its authorized agents) to harvest the allocation 
under subsection (a). During the years 2004 through 2008, up to 25 
percent of such allocation may be harvested by vessels 60 feet or less 
in length overall. During the years 2009 through 2013, up to 50 percent 
of such allocation may be harvested by vessels 60 feet or less in length 
overall. After the year 2012, 50 percent of such allocation shall be 
harvested by vessels 60 feet or less in length overall, and 50 percent 
shall be harvested by vessels eligible under such section of Public Law 
105-277.
    (c) Groundfish Optimum Yield Limitation.--The optimum yield for 
groundfish in the Bering Sea and Aleutian Islands Management Area shall 
not exceed 2 million metric tons. For the purposes of implementing 
subsections (a) and (b) without adversely affecting current fishery 
participants, the allocation under subsection (a) may be in addition to 
such optimum yield during the years 2004 through 2008 upon 
recommendation by the North Pacific Council

[[Page 118 STAT. 111]]

and approval by the Secretary of Commerce (if consistent with the 
requirements of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.)).
    (d) Management and Allocation.--For the purposes of this section, 
the North Pacific Fishery Management Council shall recommend and the 
Secretary shall approve an allocation under subsection (a) to the Aleut 
Corporation for the purposes of economic development in Adak, Alaska 
pursuant to the requirements of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    Sec. 804. A Council or the Secretary may not consider or establish 
any program to allocate or issue an individual processing quota or 
processor share in any fishery of the United States other than the crab 
fisheries of the Bering Sea and Aleutian Islands.
    This division may be cited as the ``Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies Appropriations 
Act, 2004''.

 DIVISION C--DISTRICT <<NOTE: District of Columbia Appropriations Act, 
2004.>> OF COLUMBIA APPROPRIATIONS ACT, 2004

                                 An Act

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

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

                         TITLE I--FEDERAL FUNDS

              Federal Payment for Resident Tuition Support

    For a Federal payment to the District of Columbia, to be deposited 
into a dedicated account, for a nationwide program to be administered by 
the Mayor, for District of Columbia resident tuition support, 
$17,000,000, to remain available until expended: Provided, That such 
funds, including any interest accrued thereon, may be used on behalf of 
eligible District of Columbia residents to pay an amount based upon the 
difference between in-State and out-of-State tuition at public 
institutions of higher education, or to pay up to $2,500 each year at 
eligible private institutions of higher education: Provided further, 
That the awarding of such funds may be prioritized on the basis of a 
resident's academic merit, the income and need of eligible students and 
such other factors as may be authorized: Provided further, That the 
District of Columbia government shall maintain a dedicated account for 
the Resident Tuition Support Program that shall consist of the Federal 
funds appropriated to the Program in this Act and any subsequent 
appropriations, any unobligated balances from prior fiscal years, and 
any interest earned in this or any fiscal year: Provided further, That 
the account shall be under the control of the District of

[[Page 118 STAT. 112]]

Columbia Chief Financial Officer who shall use those funds solely for 
the purposes of carrying out the Resident Tuition Support Program: 
Provided further, That the Office of the Chief Financial Officer shall 
provide a quarterly financial report to the Committees on Appropriations 
of the House of Representatives and Senate for these funds showing, by 
object class, the expenditures made and the purpose therefor: Provided 
further, That not more than 7 percent of the total amount appropriated 
for this program may be used for administrative expenses.

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

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

           Federal Payment to the District of Columbia Courts

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

[[Page 118 STAT. 113]]

$1,000,000 of the funds provided under this heading among the items and 
entities funded under such heading.

            Defender Services in District of Columbia Courts

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

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

    For salaries and expenses, including the transfer and hire of motor 
vehicles, of the Court Services and Offender Supervision Agency for the 
District of Columbia and the Public Defender Service for the District of 
Columbia, as authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $168,435,000, of which not to exceed 
$2,000 is for official reception

[[Page 118 STAT. 114]]

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

  Federal Payment to the District of Columbia Water and Sewer Authority

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

 Federal Payment for Hospital Bioterrorism Preparedness in the District 
                               of Columbia

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

         Federal Payment for the Anacostia Waterfront Initiative

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

[[Page 118 STAT. 115]]

      Federal Payment to the Criminal Justice Coordinating Council

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

   Federal Payment for Capital Development in the District of Columbia

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

              Federal Payment for Public School Facilities

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

              Federal Payment for a Family Literacy Program

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

              Federal Payment for Transportation Assistance

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

Federal Payment for Foster Care Improvements in the District of Columbia

    For a Federal payment to the District of Columbia for foster care 
improvements, $14,000,000: Provided, That $9,000,000 shall be for the 
Child and Family Services Agency, of which $2,000,000 shall be to 
establish an early intervention program to provide intensive and 
immediate services for foster children; of which $1,000,000 shall be to 
establish an emergency support fund to purchase items necessary to allow 
children to remain in the care of an approved and licensed family 
member; of which $3,000,000 shall be for a loan repayment program for 
social workers who meet certain agency-established requirements; of 
which $3,000,000 shall be to upgrade the agency's computer database to a 
web-based technology and to provide computer technology for social 
workers: Provided further, That $3,900,000 shall be for the Department 
of Mental Health to provide all court-ordered or agency-required mental 
health screenings, assessments and treatments

[[Page 118 STAT. 116]]

for children under the supervision of the Child and Family Services 
Agency: Provided further, That the Director of the Department of Mental 
Health shall initiate court-ordered or agency-required mental health 
services within 3 days of notification that service is needed: Provided 
further, That the Director of the Department of Mental Health shall 
ensure that court-ordered or agency-required mental health assessments 
are completed within 15 days of the request and that all assessments be 
provided to the Court within 5 days of completion of the assessment: 
Provided further, That $1,100,000 shall be for the Washington 
Metropolitan Council of Governments, to develop a program in conjunction 
with the Foster and Adoptive Parents Advocacy Center, to provide respite 
care for and recruitment of foster parents: Provided further, That the 
Mayor shall submit a detailed expenditure plan for the use of funds 
provided under this heading within 15 days of enactment of this 
legislation to the Committees on Appropriations of the House of 
Representatives and Senate: Provided further, That the funds provided 
under this heading shall not be made available until 30 calendar days 
after the submission of a spending plan to the Committees on 
Appropriations of the House of Representatives and Senate: Provided 
further, That with the exception of funds provided for the Department of 
Mental Health and the Washington Metropolitan Council of Governments, no 
part of this appropriation may be used for contractual community-based 
services: Provided further, That the Comptroller General shall prepare 
and submit to the Committees on Appropriations of the House of 
Representatives and Senate an accounting of all obligations and 
expenditures of the funds provided under this heading: Provided further, 
That the Comptroller General shall initiate management reviews of the 
Child and Family Services Agency and the Department of Mental Health and 
shall submit a report to the Committees on Appropriations of the House 
of Representatives and Senate no later than 6 months after enactment of 
this Act.

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

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

         Federal Payment for Emergency Personnel Cross Training

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

[[Page 118 STAT. 117]]

                 Federal Payment for School Improvement

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

                  TITLE II--DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

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

[[Page 118 STAT. 118]]

Financial Officer of the appropriations and funds made available to the 
District during fiscal year 2004, except that the Chief Financial 
Officer may not reprogram for operating expenses any funds derived from 
bonds, notes, or other obligations issued for capital projects.

                   Governmental Direction and Support

    Governmental direction and support, $284,415,000 (including 
$206,825,000 from local funds, $57,440,000 from Federal grant funds, and 
$20,150,000 from other funds), in addition, $32,350,000 from funds 
previously appropriated in this Act under the heading ``Federal Payment 
to the Office of the Chief Financial Officer of the District of 
Columbia'', $11,000,000 from funds previously appropriated in this Act 
under the heading ``Federal Payment for Emergency Planning and Security 
Costs in the District of Columbia'', $2,000,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment for a 
Family Literacy Program'', and $1,100,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment for Foster 
Care Improvements in the District of Columbia'': Provided, That not to 
exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of 
the District of Columbia, $2,500 for the City Administrator, and $2,500 
for the Office of the Chief Financial Officer shall be available from 
this appropriation for official reception and representation expenses: 
Provided further, That any program fees collected from the issuance of 
debt shall be available for the payment of expenses of the debt 
management program of the District of Columbia: Provided further, That 
no revenues from Federal sources shall be used to support the operations 
or activities of the Statehood Commission and Statehood Compact 
Commission: Provided further, That the District of Columbia shall 
identify the sources of funding for Admission to Statehood from its own 
locally generated revenues: Provided further, That notwithstanding any 
other provision of law, or Mayor's Order 86-45, issued March 18, 1986, 
the Office of the Chief Technology Officer's delegated small purchase 
authority shall be $500,000: Provided further, That the District of 
Columbia government may not require the Office of the Chief Technology 
Officer to submit to any other procurement review process, or to obtain 
the approval of or be restricted in any manner by any official or 
employee of the District of Columbia government, for purchases that do 
not exceed $500,000: Provided further, That not to exceed $25,000, to 
remain available until expended, of the funds in the District of 
Columbia Antitrust Fund established pursuant to section 820 of the 
District of Columbia Procurement Practices Act of 1985 (D.C. Law 6-85; 
D.C. Official Code, sec. 2-308.20) is hereby made available for the use 
of the Office of the Corporation Counsel of the District of Columbia in 
accordance with the laws establishing this fund.

                   Economic Development and Regulation

    Economic development and regulation, $276,647,000 (including 
$53,336,000 from local funds, $91,077,000 from Federal grant funds, 
$132,109,000 from other funds, and $125,000 from private funds), of 
which $15,000,000 collected by the District of Columbia in the form of 
BID tax revenue shall be paid to the respective BIDs pursuant to the 
Business Improvement Districts Act of 1996 (D.C.

[[Page 118 STAT. 119]]

Law 11-134; D.C. Official Code, sec. 2-1215.01 et seq.), and the 
Business Improvement Districts Amendment Act of 1997 (D.C. Law 12-26; 
D.C. Official Code, sec. 2-1215.15 et seq.): Provided, That such funds 
are available for acquiring services provided by the General Services 
Administration: Provided further, That Business Improvement Districts 
shall be exempt from taxes levied by the District of Columbia.

                        Public Safety and Justice

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

                         Public Education System

    Public education system, including the development of national 
defense education programs, $1,157,841,000 (including $962,941,000 from 
local funds, $156,708,000 from Federal grant funds, $27,074,000 from 
other funds, $4,302,000 from private funds, and not to exceed 
$6,816,000, to remain available until expended, from the Medicaid and 
Special Education Reform Fund established pursuant to the Medicaid and 
Special Education Reform Fund Establishment Act of 2002 (D.C. Law 14-
190; D.C. Official Code 4-204.51 et seq.)), in addition, $17,000,000 
from funds previously appropriated in this Act under the heading 
``Federal Payment for Resident Tuition Support'', $4,500,000 from funds 
previously appropriated in this Act under the heading ``Federal Payment 
for Public School Facilities'', and $26,000,000 from funds previously 
appropriated in this Act under the heading ``Federal Payment for School 
Improvement in the District of Columbia'' to be allocated as follows:
            (1) District of columbia public schools.--$870,135,000 
        (including $738,444,000 from local funds, $114,749,000 from 
        Federal grant funds, $6,527,000 from other funds, $3,599,000 
        from private funds, and not to exceed $6,816,000, to remain 
        available until expended, from the Medicaid and Special 
        Education Reform Fund established pursuant to the Medicaid and 
        Special Education Reform Fund Establishment Act of 2002

[[Page 118 STAT. 120]]

        (D.C. Law 14-190; D.C. Official Code 4-204.51 et seq.)), in 
        addition, $4,500,000 from funds previously appropriated in this 
        Act under the heading ``Federal Payment for Public School 
        Facilities'' and $13,000,000 from funds previously appropriated 
        in this Act under the heading ``Federal Payment for School 
        Improvement in the District of Columbia'' shall be available for 
        District of Columbia Public Schools: Provided, That 
        notwithstanding any other provision of law, rule, or regulation, 
        the evaluation process and instruments for evaluating District 
        of Columbia Public School employees shall be a non-negotiable 
        item for collective bargaining purposes: Provided further, That 
        this appropriation shall not be available to subsidize the 
        education of any nonresident of the District of Columbia at any 
        District of Columbia public elementary or secondary school 
        during fiscal year 2004 unless the nonresident pays tuition to 
        the District of Columbia at a rate that covers 100 percent of 
        the costs incurred by the District of Columbia that are 
        attributable to the education of the nonresident (as established 
        by the Superintendent of the District of Columbia Public 
        Schools): Provided further, That notwithstanding the amounts 
        otherwise provided under this heading or any other provision of 
        law, there shall be appropriated to the District of Columbia 
        Public Schools on July 1, 2004, an amount equal to 10 percent of 
        the total amount provided for the District of Columbia Public 
        Schools in the proposed budget of the District of Columbia for 
        fiscal year 2005 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final amount 
        provided for the District of Columbia Public Schools under the 
        District of Columbia Appropriations Act, 2005: Provided further, 
        That not to exceed $2,500 for the Superintendent of Schools 
        shall be available from this appropriation for official 
        reception and representation expenses: Provided further, That 
        the District of Columbia Public Schools shall submit to the 
        Board of Education by January 1 and July 1 of each year a 
        Schedule A showing all the current funded positions of the 
        District of Columbia Public Schools, their compensation levels, 
        and indicating whether the positions are encumbered: Provided 
        further, That the Board of Education shall approve or disapprove 
        each Schedule A within 30 days of its submission and provide the 
        Council of the District of Columbia a copy of the Schedule A 
        upon its approval.
            (2) State education office.--$38,752,000 (including 
        $9,959,000 from local funds, $28,617,000 from Federal grant 
        funds, and $176,000 from other funds), in addition, $17,000,000 
        from funds previously appropriated in this Act under the heading 
        ``Federal Payment for Resident Tuition Support'' and $13,000,000 
        from funds previously appropriated in this Act under the heading 
        ``Federal Payment for School Improvement in the District of 
        Columbia'' shall be available for the State Education Office: 
        Provided, That of the amounts provided to the State Education 
        Office, $500,000 from local funds shall remain available until 
        June 30, 2005 for an audit of the student enrollment of each 
        District of Columbia Public School and of each District of 
        Columbia public charter school.
            (3) District of columbia public charter schools.--
        $137,531,000 from local funds shall be available for District of 
        Columbia public charter schools: Provided, That there shall

[[Page 118 STAT. 121]]

        be quarterly disbursement of funds to the District of Columbia 
        public charter schools, with the first payment to occur within 
        15 days of the beginning of the fiscal year: Provided further, 
        That if the entirety of this allocation has not been provided as 
        payments to any public charter schools currently in operation 
        through the per pupil funding formula, the funds shall be 
        available as follows: (A) the first $3,000,000 shall be 
        deposited in the Credit Enhancement Revolving Fund established 
        pursuant to section 603(e) of the Student Loan Marketing 
        Association Reorganization Act of 1996 (Public Law 104-208; 110 
        Stat. 3009; 20 U.S.C. 1155(e)); and (B) the balance shall be for 
        public education in accordance with section 2403(b)(2) of the 
        District of Columbia School Reform Act of 1995 (D.C. Official 
        Code, sec. 38-1804.03(b)(2)): Provided further, That of the 
        amounts made available to District of Columbia public charter 
        schools, $25,000 shall be made available to the Office of the 
        Chief Financial Officer as authorized by section 2403(b)(6) of 
        the District of Columbia School Reform Act of 1995 (D.C. 
        Official Code, sec. 38-1804.03(b)(6)): Provided further, That 
        $660,000 of this amount shall be available to the District of 
        Columbia Public Charter School Board for administrative costs: 
        Provided further, That notwithstanding the amounts otherwise 
        provided under this heading or any other provision of law, there 
        shall be appropriated to the District of Columbia public charter 
        schools on July 1, 2004, an amount equal to 25 percent of the 
        total amount provided for payments to public charter schools in 
        the proposed budget of the District of Columbia for fiscal year 
        2005 (as submitted to Congress), and the amount of such payment 
        shall be chargeable against the final amount provided for such 
        payments under the District of Columbia Appropriations Act, 
        2005.
            (4) University of the district of columbia.--$80,660,000 
        (including $48,656,000 from local funds, $11,867,000 from 
        Federal grant funds, $19,434,000 from other funds, and $703,000 
        from private funds) shall be available for the University of the 
        District of Columbia: Provided, That this appropriation shall 
        not be available to subsidize the education of nonresidents of 
        the District of Columbia at the University of the District of 
        Columbia, unless the Board of Trustees of the University of the 
        District of Columbia adopts, for the fiscal year ending 
        September 30, 2004, a tuition rate schedule that will establish 
        the tuition rate for nonresident students at a level no lower 
        than the nonresident tuition rate charged at comparable public 
        institutions of higher education in the metropolitan area: 
        Provided further, That notwithstanding the amounts otherwise 
        provided under this heading or any other provision of law, there 
        shall be appropriated to the University of the District of 
        Columbia on July 1, 2004, an amount equal to 10 percent of the 
        total amount provided for the University of the District of 
        Columbia in the proposed budget of the District of Columbia for 
        fiscal year 2005 (as submitted to Congress), and the amount of 
        such payment shall be chargeable against the final amount 
        provided for the University of the District of Columbia under 
        the District of Columbia Appropriations Act, 2005: Provided 
        further, That not to exceed $2,500 for the President of the 
        University of the District of Columbia

[[Page 118 STAT. 122]]

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

                         Human Support Services

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

[[Page 118 STAT. 123]]

(D.C. Law 13-252; D.C. Official Code, sec. 4-204.07): Provided further, 
That not less than $640,531 of this appropriation shall be available 
exclusively for the purpose of funding the Burial Assistance Program 
established by section 1802 of the Burial Assistance Program 
Reestablishment Act of 1999 (D.C. Law 13-38; D.C. Official Code, sec. 4-
1001).

                              Public Works

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

                              Cash Reserve

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

                 Emergency and Contingency Reserve Funds

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

                     Repayment of Loans and Interest

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

               Payment of Interest on Short-Term Borrowing

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

                      Certificates of Participation

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

[[Page 118 STAT. 124]]

                        Settlements and Judgments

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

                             Wilson Building

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

                          Workforce Investments

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

                         Non-Departmental Agency

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

                          Pay-As-You-Go Capital

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

                     Tax Increment Financing Program

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

                          Medicaid Disallowance

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

[[Page 118 STAT. 125]]

                       ENTERPRISE AND OTHER FUNDS

                        Water and Sewer Authority

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

                           Washington Aqueduct

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

              Stormwater Permit Compliance Enterprise Fund

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

              Lottery and Charitable Games Enterprise Fund

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

                   Sports and Entertainment Commission

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

                  District of Columbia Retirement Board

    For the District of Columbia Retirement Board, established pursuant 
to section 121 of the District of Columbia Retirement Reform Act of 1979 
(D.C. Official Code, sec. 1-711), $13,895,000 from the earnings of the 
applicable retirement funds to pay legal, management, investment, and 
other fees and administrative expenses of the District of Columbia 
Retirement Board: Provided, That the District of Columbia Retirement 
Board shall provide to

[[Page 118 STAT. 126]]

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

              Washington Convention Center Enterprise Fund

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

               National Capital Revitalization Corporation

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

                             Capital Outlay

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

 TITLE III--DC <<NOTE: DC School Choice Incentive Act of 2003.>> SCHOOL 
CHOICE INCENTIVE ACT OF 2003

SEC. 301. SHORT TITLE.

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

SEC. 302. FINDINGS.

    The Congress finds the following:
            (1) Parents are best equipped to make decisions for their 
        children, including the educational setting that will best serve 
        the interests and educational needs of their child.
            (2) For many parents in the District of Columbia, public 
        school choice provided for under the No Child Left Behind Act of 
        2001 as well as under other public school choice programs, is 
        inadequate due to capacity constraints. Available

[[Page 118 STAT. 127]]

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

SEC. 303. PURPOSE.

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

SEC. 304. GENERAL AUTHORITY.

    (a) Authority.--From funds appropriated to carry out this title, the 
Secretary shall award grants on a competitive basis to

[[Page 118 STAT. 128]]

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

SEC. 305. APPLICATIONS.

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

[[Page 118 STAT. 129]]

                    (I) how the entity will address the renewal of 
                scholarships to participating eligible students, 
                including continued eligibility; and
                    (J) how the entity will ensure that a majority of 
                its voting board members or governing organization are 
                residents of the District of Columbia; and
            (2) an assurance that the entity will comply with all 
        requests regarding any evaluation carried out under section 309.

SEC. 306. PRIORITIES.

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

SEC. 307. USE OF FUNDS.

    (a) Scholarships.--
            (1) In general.--Subject to paragraphs (2) and (3), a 
        grantee shall use the grant funds to provide eligible students 
        with scholarships to pay the tuition, fees, and transportation 
        expenses, if any, to enable them to attend the District of 
        Columbia private elementary school or secondary school of their 
        choice. Each grantee shall ensure that the amount of any tuition 
        or fees charged by a school participating in the grantee's 
        program under this title to an eligible student participating in 
        the program does not exceed the amount of tuition or fees that 
        the school customarily charges to students who do not 
        participate in the program.
            (2) Payments to parents.--A grantee shall make scholarship 
        payments under the program under this title to the parent of the 
        eligible student participating in the program, in a manner which 
        ensures that such payments will be used for the payment of 
        tuition, fees, and transportation expenses (if any), in 
        accordance with this title.
            (3) Amount of assistance.--
                    (A) Varying amounts permitted.--Subject to the other 
                requirements of this section, a grantee may award 
                scholarships in larger amounts to those eligible 
                students with the greatest need.
                    (B) Annual limit on amount.--The amount of 
                assistance provided to any eligible student by a grantee 
                under a program under this title may not exceed $7,500 
                for any academic year.
            (4) Continuation of scholarships.--Notwithstanding section 
        312(3)(B), an eligible entity receiving a grant under this title 
        may award a scholarship, for the second or any

[[Page 118 STAT. 130]]

        succeeding year of an eligible student's participation in a 
        program under this title, to a student who comes from a 
        household whose income does not exceed 200 percent of the 
        poverty line.

    (b) Administrative Expenses.--A grantee may use not more than 3 
percent of the amount provided under the grant each year for the 
administrative expenses of carrying out its program under this title 
during the year, including--
            (1) determining the eligibility of students to participate;
            (2) providing information about the program and the schools 
        involved to parents of eligible students;
            (3) selecting students to receive scholarships;
            (4) determining the amount of scholarships and issuing the 
        scholarships to eligible students;
            (5) compiling and maintaining financial and programmatic 
        records; and
            (6) providing funds to assist parents in meeting expenses 
        that might otherwise preclude the participation of their child 
        in the program.

SEC. 308. NONDISCRIMINATION.

    (a) In General.--An eligible entity or a school participating in any 
program under this title shall not discriminate against program 
participants or applicants on the basis of race, color, national origin, 
religion, or sex.
    (b) Applicability and Single Sex Schools, Classes, or Activities.--
            (1) In general.--Notwithstanding any other provision of law, 
        the prohibition of sex discrimination in subsection (a) shall 
        not apply to a participating school that is operated by, 
        supervised by, controlled by, or connected to a religious 
        organization to the extent that the application of subsection 
        (a) is inconsistent with the religious tenets or beliefs of the 
        school.
            (2) Single sex schools, classes, or activities.--
        Notwithstanding subsection (a) or any other provision of law, a 
        parent may choose and a school may offer a single sex school, 
        class, or activity.
            (3) Applicability.--For purposes of this title, the 
        provisions of section 909 of the Education Amendments of 1972 
        (20 U.S.C. 1688) shall apply to this title as if section 909 of 
        the Education Amendments of 1972 (20 U.S.C. 1688) were part of 
        this title.

    (c) Children With Disabilities.--Nothing in this title may be 
construed to alter or modify the provisions of the Individuals with 
Disabilities Education Act.
    (d) Religiously Affiliated Schools.--
            (1) In general.--Notwithstanding any other provision of law, 
        a school participating in any program under this title that is 
        operated by, supervised by, controlled by, or connected to, a 
        religious organization may exercise its right in matters of 
        employment consistent with title VII of the Civil Rights Act of 
        1964 (42 U.S.C. 2000e-1 et seq.), including the exemptions in 
        such title.
            (2) Maintenance of purpose.--Notwithstanding any other 
        provision of law, funds made available under this title to 
        eligible students that are received by a participating school, 
        as a result of their parents' choice, shall not, consistent with 
        the first

[[Page 118 STAT. 131]]

        amendment of the United States Constitution, necessitate any 
        change in the participating school's teaching mission, require 
        any participating school to remove religious art, icons, 
        scriptures, or other symbols, or preclude any participating 
        school from retaining religious terms in its name, selecting its 
        board members on a religious basis, or including religious 
        references in its mission statements and other chartering or 
        governing documents.

    (e) Rule of Construction.--A scholarship (or any other form of 
support provided to parents of eligible students) under this title shall 
be considered assistance to the student and shall not be considered 
assistance to the school that enrolls the eligible student. The amount 
of any scholarship (or other form of support provided to parents of an 
eligible student) under this title shall not be treated as income of the 
parents for purposes of Federal tax laws or for determining eligibility 
for any other Federal program.

SEC. 309. EVALUATIONS.

    (a) In General.--
            (1) Duties of the secretary and the mayor.--The Secretary 
        and the Mayor of the District of Columbia shall jointly select 
        an independent entity to evaluate annually the performance of 
        students who received scholarships under the 5-year program 
        under this title, and shall make the evaluations public in 
        accordance with subsection (c).
            (2) Duties of the secretary.--The Secretary, through a 
        grant, contract, or cooperative agreement, shall--
                    (A) ensure that the evaluation is conducted using 
                the strongest possible research design for determining 
                the effectiveness of the programs funded under this 
                title that addresses the issues described in paragraph 
                (4); and
                    (B) disseminate information on the impact of the 
                programs in increasing the student academic achievement 
                of participating students, and on the impact of the 
                programs on students and schools in the District of 
                Columbia.
            (3) Duties of the independent entity.--The independent 
        entity shall--
                    (A) measure the academic achievement of all 
                participating eligible students;
                    (B) use the same grade appropriate measurement every 
                school year to assess participating eligible students as 
                the measurement used by the District of Columbia Public 
                Schools to assess District of Columbia Public School 
                students in the first year of the program; and
                    (C) work with the eligible entities to ensure that 
                the parents of each student who applies for a 
                scholarship under this title (regardless of whether the 
                student receives the scholarship) and the parents of 
                each student participating in the scholarship program 
                under this title, agree that the student will 
                participate in the measurements given annually by the 
                independent entity for the period for which the student 
                applied for or received the scholarship, respectively.
            (4) Issues to be evaluated.--The issues to be evaluated 
        include the following:

[[Page 118 STAT. 132]]

                    (A) A comparison of the academic achievement of 
                participating eligible students in the measurements 
                described in this section to the achievement of--
                          (i) students in the same grades in the 
                      District of Columbia public schools; and
                          (ii) the eligible students in the same grades 
                      in the District of Columbia public schools who 
                      sought to participate in the scholarship program 
                      but were not selected.
                    (B) The success of the programs in expanding choice 
                options for parents.
                    (C) The reasons parents choose for their children to 
                participate in the programs.
                    (D) A comparison of the retention rates, dropout 
                rates, and (if appropriate) graduation and college 
                admission rates, of students who participate in the 
                programs funded under this title with the retention 
                rates, dropout rates, and (if appropriate) graduation 
                and college admission rates of students of similar 
                backgrounds who do not participate in such programs.
                    (E) The impact of the program on students, and 
                public elementary schools and secondary schools, in the 
                District of Columbia.
                    (F) A comparison of the safety of the schools 
                attended by students who participate in the programs and 
                the schools attended by students who do not participate 
                in the programs.
                    (G) Such other issues as the Secretary considers 
                appropriate for inclusion in the evaluation.
            (5) Prohibition.--Personally identifiable information 
        regarding the results of the measurements used for the 
        evaluations may not be disclosed, except to the parents of the 
        student to whom the information relates.

    (b) Reports.--The <<NOTE: Deadlines.>> Secretary shall submit to the 
Committees on Appropriations, Education and the Workforce, and 
Government Reform of the House of Representatives and the Committees on 
Appropriations, Health, Education, Labor, and Pensions, and Governmental 
Affairs of the Senate--
            (1) annual interim reports, not later than December 1 of 
        each year for which a grant is made under this title, on the 
        progress and preliminary results of the evaluation of the 
        programs funded under this title; and
            (2) a final report, not later than 1 year after the final 
        year for which a grant is made under this title, on the results 
        of the evaluation of the programs funded under this title.

    (c) Public Availability.--All reports and underlying data gathered 
pursuant to this section shall be made available to the public upon 
request, in a timely manner following submission of the applicable 
report under subsection (b), except that personally identifiable 
information shall not be disclosed or made available to the public.
    (d) Limit on Amount Expended.--The amount expended by the Secretary 
to carry out this section for any fiscal year may not exceed 3 percent 
of the total amount appropriated to carry out this title for the fiscal 
year.

[[Page 118 STAT. 133]]

SEC. 310. REPORTING REQUIREMENTS.

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

    (c) Reports to Parent.--
            (1) In general.--Each grantee shall ensure that each school 
        participating in the grantee's program under this title during a 
        year reports at least once during the year to the parents of 
        each of the school's students who are participating in the 
        program on--
                    (A) the student's academic achievement, as measured 
                by a comparison with the aggregate academic achievement 
                of other participating students at the student's school 
                in the same grade or level, as appropriate, and the 
                aggregate academic achievement of the student's peers at 
                the student's school in the same grade or level, as 
                appropriate; and
                    (B) the safety of the school, including the 
                incidence of school violence, student suspensions, and 
                student expulsions.
            (2) Prohibiting disclosure of personal information.--No 
        report under this subsection may contain any personally 
        identifiable information, except as to the student who is the 
        subject of the report to that student's parent.

    (d) Report to Congress.--The Secretary shall submit to the 
Committees on Appropriations, Education and the Workforce, and 
Government Reform of the House of Representatives and the Committees on 
Appropriations, Health, Education, Labor, and Pensions, and Governmental 
Affairs of the Senate an annual report on the findings of the reports 
submitted under subsections (a) and (b).

SEC. 311. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

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

[[Page 118 STAT. 134]]

and other requirements applicable to all other students at the school.

SEC. 312. DEFINITIONS.

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

SEC. 313. AUTHORIZATION OF APPROPRIATIONS.

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

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. Whenever in this Act, an amount is specified within an 
appropriation for particular purposes or objects of expenditure, such 
amount, unless otherwise specified, shall be considered as the maximum 
amount that may be expended for said purpose or object rather than an 
amount set apart exclusively therefor.
    Sec. 402. Appropriations in this Act shall be available for expenses 
of travel and for the payment of dues of organizations concerned with 
the work of the District of Columbia government, when authorized by the 
Mayor: Provided, That in the case of the Council of the District of 
Columbia, funds may be expended with the authorization of the Chairman 
of the Council.
    Sec. 403. There are appropriated from the applicable funds of the 
District of Columbia such sums as may be necessary for making refunds 
and for the payment of legal settlements or judgments that have been 
entered against the District of Columbia government: Provided, That 
nothing contained in this section shall be construed as modifying or 
affecting the provisions of section

[[Page 118 STAT. 135]]

11(c)(3) of title XII of the District of Columbia Income and Franchise 
Tax Act of 1947 (D.C. Official Code, sec. 47-1812.11(c)(3)).
    Sec. 404. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly to provided herein.
    Sec. 405. No funds appropriated in this Act for the District of 
Columbia government for the operation of educational institutions, the 
compensation of personnel, or for other educational purposes may be used 
to permit, encourage, facilitate, or further partisan political 
activities. Nothing herein is intended to prohibit the availability of 
school buildings for the use of any community or partisan political 
group during non-school hours.
    Sec. 406. None of the funds appropriated in this Act shall be made 
available to pay the salary of any employee of the District of Columbia 
government whose name, title, grade, and salary are not available for 
inspection by the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, the Committee on Governmental Affairs of the 
Senate, and the Council of the District of Columbia, or their duly 
authorized representative.
    Sec. 407. (a) Except as provided in subsection (b), no part of this 
appropriation shall be used for publicity or propaganda purposes or 
implementation of any policy including boycott designed to support or 
defeat legislation pending before Congress or any State legislature.
    (b) The District of Columbia may use local funds provided in this 
Act to carry out lobbying activities on any matter other than--
            (1) the promotion or support of any boycott; or
            (2) statehood for the District of Columbia or voting 
        representation in Congress for the District of Columbia.

    (c) Nothing in this section may be construed to prohibit any elected 
official from advocating with respect to any of the issues referred to 
in subsection (b).
    Sec. 408. (a) None of the funds provided under this Act to the 
agencies funded by this Act, both Federal and District government 
agencies, that remain available for obligation or expenditure in fiscal 
year 2004, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditures 
for an agency through a reprogramming of funds which--
            (1) creates new programs;
            (2) eliminates a program, project, or responsibility center;
            (3) establishes or changes allocations specifically denied, 
        limited or increased under this Act;
            (4) increases funds or personnel by any means for any 
        program, project, or responsibility center for which funds have 
        been denied or restricted;
            (5) reestablishes any program or project previously deferred 
        through reprogramming;
            (6) augments any existing program, project, or 
        responsibility center through a reprogramming of funds in excess 
        of $1,000,000 or 10 percent, whichever is less; or
            (7) increases by 20 percent or more personnel assigned to a 
        specific program, project or responsibility center,

[[Page 118 STAT. 136]]

unless the Committee on Appropriations of the House of Representatives 
and Senate are notified in writing 30 days in advance of the 
reprogramming.
    (b) None the local funds contained in this Act may be available for 
obligation or expenditure for an agency through a transfer of any local 
funds from one appropriation heading to another unless the Committees on 
Appropriations of the House of Representatives and Senate are notified 
in writing 30 days in advance of the transfer, except that in no event 
may the amount of any funds transferred exceed 4 percent of the local 
funds in the appropriations.
    Sec. 409. Consistent with the provisions of section 1301(a) of title 
31, United States Code, appropriations under this Act shall be applied 
only to the objects for which the appropriations were made except as 
otherwise provided by law.
    Sec. 410. Notwithstanding any other provisions of law, the 
provisions of the District of Columbia Government Comprehensive Merit 
Personnel Act of 1978 (D.C. Law 2-139; D.C. Official Code, sec. 1-601.01 
et seq.), enacted pursuant to section 422(3) of the District of Columbia 
Home Rule Act (D.C. Official Code, sec. 1-204l.22(3)), shall apply with 
respect to the compensation of District of Columbia employees: Provided, 
That for pay purposes, employees of the District of Columbia government 
shall not be subject to the provisions of title 5, United States Code.
    Sec. 411. <<NOTE: Deadline.>> No later than 30 days after the end of 
the first quarter of fiscal year 2004, the Mayor of the District of 
Columbia shall submit to the Council of the District of Columbia and the 
Committees on Appropriations of the House of Representatives and Senate 
the new fiscal year 2004 revenue estimates as of the end of such 
quarter. These estimates shall be used in the budget request for fiscal 
year 2005. The officially revised estimates at midyear shall be used for 
the midyear report.

    Sec. 412. No sole source contract with the District of Columbia 
government or any agency thereof may be renewed or extended without 
opening that contract to the competitive bidding process as set forth in 
section 303 of the District of Columbia Procurement Practices Act of 
1985 (D.C. Law 6-85; D.C. Official Code, sec. 2-303.03), except that the 
District of Columbia government or any agency thereof may renew or 
extend sole source contracts for which competition is not feasible or 
practical, but only if the determination as to whether to invoke the 
competitive bidding process has been made in accordance with duly 
promulgated rules and procedures and has been reviewed and certified by 
the Chief Financial Officer of the District of Columbia.
    Sec. 413. (a) In the event a sequestration order is issued pursuant 
to the Balanced Budget and Emergency Deficit Control Act of 1985 after 
the amounts appropriated to the District of Columbia for the fiscal year 
involved have been paid to the District of Columbia, the Mayor of the 
District of Columbia shall pay to the Secretary of the Treasury, within 
15 days after receipt of a request therefor from the Secretary of the 
Treasury, such amounts as are sequestered by the order: Provided, That 
the sequestration percentage specified in the order shall be applied 
proportionately to each of the Federal appropriation accounts in this 
Act that are not specifically exempted from sequestration by such Act.
    (b) For purposes of the Balanced Budget and Emergency Deficit 
Control Act of 1985, the term ``program, project, and activity'' shall

[[Page 118 STAT. 137]]

be synonymous with and refer specifically to each account appropriating 
Federal funds in this Act, and any sequestration order shall be applied 
to each of the accounts rather than to the aggregate total of those 
accounts: Provided, That sequestration orders shall not be applied to 
any account that is specifically exempted from sequestration by the 
Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 414. None of the Federal funds provided in this Act may be used 
by the District of Columbia to provide for salaries, expenses, or other 
costs associated with the offices of United States Senator or United 
States Representative under section 4(d) of the District of Columbia 
Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; 
D.C. Official Code, sec. 1-123).
    Sec. 415. <<NOTE: Abortions.>> None of the funds appropriated under 
this Act shall be expended for any abortion except where the life of the 
mother would be endangered if the fetus were carried to term or where 
the pregnancy is the result of an act of rape or incest.

    Sec. 416. None of the Federal funds made available in this Act may 
be used to implement or enforce the Health Care Benefits Expansion Act 
of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to 
otherwise implement or enforce any system of registration of unmarried, 
cohabiting couples, including but not limited to registration for the 
purpose of extending employment, health, or governmental benefits to 
such couples on the same basis that such benefits are extended to 
legally married couples.
    Sec. 417. (a) Notwithstanding any other provision of this Act, the 
Mayor, in consultation with the Chief Financial Officer of the District 
of Columbia may accept, obligate, and expend Federal, private, and other 
grants received by the District government that are not reflected in the 
amounts appropriated in this Act.
    (b)(1) No such Federal, private, or other grant may be accepted, 
obligated, or expended pursuant to subsection (a) until--
            (A) the Chief Financial Officer of the District of Columbia 
        submits to the Council a report setting forth detailed 
        information regarding such grant; and
            (B) the Council has reviewed and approved the acceptance, 
        obligation, and expenditure of such grant.

    (2) For purposes of paragraph (1)(B), the Council shall be deemed to 
have reviewed and approved the acceptance, obligation, and expenditure 
of a grant if--
            (A) no written notice of disapproval is filed with the 
        Secretary of the Council within 14 calendar days of the receipt 
        of the report from the Chief Financial Officer under paragraph 
        (1)(A); or
            (B) if such a notice of disapproval is filed within such 
        deadline, the Council does not by resolution disapprove the 
        acceptance, obligation, or expenditure of the grant within 30 
        calendar days of the initial receipt of the report from the 
        Chief Financial Officer under paragraph (1)(A).

    (c) No amount may be obligated or expended from the general fund or 
other funds of the District of Columbia government in anticipation of 
the approval or receipt of a grant under subsection (b)(2) or in 
anticipation of the approval or receipt of a Federal, private, or other 
grant not subject to such subsection.
    (d) The Chief Financial Officer of the District of Columbia shall 
prepare a quarterly report setting forth detailed information regarding 
all Federal, private, and other grants subject to this

[[Page 118 STAT. 138]]

section. Each such report shall be submitted to the Council of the 
District of Columbia and to the Committees on Appropriations of the 
House of Representatives and Senate not later than 15 days after the end 
of the quarter covered by the report.
    Sec. 418. (a) Except as otherwise provided in this section, none of 
the funds made available by this Act or by any other Act may be used to 
provide any officer or employee of the District of Columbia with an 
official vehicle unless the officer or employee uses the vehicle only in 
the performance of the officer's or employee's official duties. For 
purposes of this paragraph, the term ``official duties'' does not 
include travel between the officer's or employee's residence and 
workplace, except in the case of--
            (1) an officer or employee of the Metropolitan Police 
        Department who resides in the District of Columbia or is 
        otherwise designated by the Chief of the Department;
            (2) at the discretion of the Fire Chief, an officer or 
        employee of the District of Columbia Fire and Emergency Medical 
        Services Department who resides in the District of Columbia and 
        is on call 24 hours a day;
            (3) the Mayor of the District of Columbia; and
            (4) the Chairman of the Council of the District of Columbia.

    (b) The Chief Financial Officer of the District of Columbia shall 
submit by March 1, 2004, an inventory, as of September 30, 2003, of all 
vehicles owned, leased or operated by the District of Columbia 
government. The inventory shall include, but not be limited to, the 
department to which the vehicle is assigned; the year and make of the 
vehicle; the acquisition date and cost; the general condition of the 
vehicle; annual operating and maintenance costs; current mileage; and 
whether the vehicle is allowed to be taken home by a District officer or 
employee and if so, the officer or employee's title and resident 
location.
    Sec. 419. None of the funds contained in this Act may be used for 
purposes of the annual independent audit of the District of Columbia 
government for fiscal year 2004 unless--
            (1) the audit is conducted by the Inspector General of the 
        District of Columbia, in coordination with the Chief Financial 
        Officer of the District of Columbia, pursuant to section 
        208(a)(4) of the District of Columbia Procurement Practices Act 
        of 1985 (D.C. Official Code, sec. 2-302.8); and
            (2) the audit includes as a basic financial statement a 
        comparison of audited actual year-end results with the revenues 
        submitted in the budget document for such year and the 
        appropriations enacted into law for such year using the format, 
        terminology, and classifications contained in the law making the 
        appropriations for the year and its legislative history.

    Sec. 420. (a) None of the funds contained in this Act may be used by 
the District of Columbia Corporation Counsel or any other officer or 
entity of the District government to provide assistance for any petition 
drive or civil action which seeks to require Congress to provide for 
voting representation in Congress for the District of Columbia.
    (b) Nothing in this section bars the District of Columbia 
Corporation Counsel from reviewing or commenting on briefs in private 
lawsuits, or from consulting with officials of the District government 
regarding such lawsuits.

[[Page 118 STAT. 139]]

    Sec. 421. (a) None of the funds contained in this Act may be used 
for any program of distributing sterile needles or syringes for the 
hypodermic injection of any illegal drug.
    (b) Any individual or entity who receives any funds contained in 
this Act and who carries out any program described in subsection (a) 
shall account for all funds used for such program separately from any 
funds contained in this Act.
    Sec. 422. None of the funds contained in this Act may be used after 
the expiration of the 60-day period that begins on the date of the 
enactment of this Act to pay the salary of any chief financial officer 
of any office of the District of Columbia government (including any 
independent agency of the District of Columbia) who has not filed a 
certification with the Mayor and the Chief Financial Officer of the 
District of Columbia that the officer understands the duties and 
restrictions applicable to the officer and the officer's agency as a 
result of this Act (and the amendments made by this Act), including any 
duty to prepare a report requested either in the Act or in any of the 
reports accompanying the Act and the deadline by which each report must 
be submitted. The Chief Financial Officer of the District of Columbia 
shall provide to the Committees on Appropriations of the House of 
Representatives and Senate by the 10th day after the end of each quarter 
a summary list showing each report, the due date, and the date submitted 
to the committees.
    Sec. 423. (a) None of the funds contained in this Act may be used to 
enact or carry out any law, rule, or regulation to legalize or otherwise 
reduce penalties associated with the possession, use, or distribution of 
any schedule I substance under the Controlled Substances Act (21 U.S.C. 
802) or any tetrahydrocannabinols derivative.
    (b) The Legalization of Marijuana for Medical Treatment Initiative 
of 1998, also known as Initiative 59, approved by the electors of the 
District of Columbia on November 3, 1998, shall not take effect.
    Sec. 424. Nothing in this Act may be construed to prevent the 
Council or Mayor of the District of Columbia from addressing the issue 
of the provision of contraceptive coverage by health insurance plans, 
but it is the intent of Congress that any legislation enacted on such 
issue should include a ``conscience clause'' which provides exceptions 
for religious beliefs and moral convictions.
    Sec. 425. <<NOTE: Reports.>> The Mayor of the District of Columbia 
shall submit to the Committees on Appropriations of the House of 
Representatives and Senate, the Committee on Government Reform of the 
House of Representatives, and the Committee on Governmental Affairs of 
the Senate quarterly reports addressing--
            (1) crime, including the homicide rate, implementation of 
        community policing, the number of police officers on local 
        beats, and the closing down of open-air drug markets;
            (2) access to substance and alcohol abuse treatment, 
        including the number of treatment slots, the number of people 
        served, the number of people on waiting lists, and the 
        effectiveness of treatment programs;
            (3) management of parolees and pre-trial violent offenders, 
        including the number of halfway houses escapes and steps taken 
        to improve monitoring and supervision of halfway house residents 
        to reduce the number of escapes to be provided in

[[Page 118 STAT. 140]]

        consultation with the Court Services and Offender Supervision 
        Agency for the District of Columbia;
            (4) education, including access to special education 
        services and student achievement to be provided in consultation 
        with the District of Columbia Public Schools and the District of 
        Columbia public charter schools;
            (5) improvement in basic District services, including rat 
        control and abatement;
            (6) application for and management of Federal grants, 
        including the number and type of grants for which the District 
        was eligible but failed to apply and the number and type of 
        grants awarded to the District but for which the District failed 
        to spend the amounts received; and
            (7) indicators of child well-being.

    Sec. 426. <<NOTE: Deadline.>> No later than 30 calendar days after 
the date of the enactment of this Act, the Chief Financial Officer of 
the District of Columbia shall submit to the appropriate committees of 
Congress, the Mayor, and the Council of the District of Columbia a 
revised appropriated funds operating budget in the format of the budget 
that the District of Columbia government submitted pursuant to section 
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 
1-204.42), for all agencies of the District of Columbia government for 
fiscal year 2003 that is in the total amount of the approved 
appropriation and that realigns all budgeted data for personal services 
and other-than-personal-services, respectively, with anticipated actual 
expenditures.

    Sec. 427. None of the funds contained in this Act may be used to 
issue, administer, or enforce any order by the District of Columbia 
Commission on Human Rights relating to docket numbers 93-030-(PA) and 
93-031-(PA).
    Sec. 428. None of the Federal funds made available in this Act may 
be transferred to any department, agency, or instrumentality of the 
United States Government, except pursuant to a transfer made by, or 
transfer authority provided in, this Act or any other appropriation Act.
    Sec. 429. During fiscal year 2004 and any subsequent fiscal year, in 
addition to any other authority to pay claims and judgments, any 
department, agency, or instrumentality of the District government may 
use local funds to pay the settlement or judgment of a claim or lawsuit 
in an amount less than $10,000, in accordance with the Risk Management 
for Settlements and Judgments Amendment Act of 2000 (D.C. Law 13-172; 
D.C. Official Code, sec. 2-402).
    Sec. 430. Notwithstanding any other law, the District of Columbia 
Courts shall transfer to the general treasury of the District of 
Columbia all fines levied and collected by the Courts under section 
10(b)(1) and (2) of the District of Columbia Traffic Act (D.C. Official 
Code, sec. 50-2201.05(b)(1) and (2)). The transferred funds shall remain 
available until expended and shall be used by the Office of the 
Corporation Counsel for enforcement and prosecution of District traffic 
alcohol laws in accordance with section 10(b)(3) of the District of 
Columbia Traffic Act (D.C. Official Code, sec. 50-2201.05(b)(3)).
    Sec. 431. During fiscal year 2004 and any subsequent fiscal year, 
any agency of the District government may transfer to the Office of 
Labor Relations and Collective Bargaining (OLRCB) such local funds as 
may be necessary to pay for representation by OLRCB

[[Page 118 STAT. 141]]

in third-party cases, grievances, and dispute resolution, pursuant to an 
intra-District agreement with OLRCB. These amounts shall be available 
for use by OLRCB to reimburse the cost of providing the representation.
    Sec. 432. None of the funds contained in this Act may be made 
available to pay--
            (1) the fees of an attorney who represents a party in an 
        action or an attorney who defends an action, including an 
        administrative proceeding, brought against the District of 
        Columbia Public Schools under the Individuals with Disabilities 
        Education Act (20 U.S.C. 1400 et seq.) in excess of $4,000 for 
        that action; or
            (2) the fees of an attorney or firm whom the Chief Financial 
        Officer of the District of Columbia determines to have a 
        pecuniary interest, either through an attorney, officer or 
        employee of the firm, in any special education diagnostic 
        services, schools, or other special education service providers.

    Sec. 433. The Chief Financial Officer of the District of Columbia 
shall require attorneys in special education cases brought under the 
Individuals with Disabilities Act (IDEA) in the District of Columbia to 
certify in writing that the attorney or representative rendered any and 
all services for which they receive awards, including those received 
under a settlement agreement or as part of an administrative proceeding, 
under the IDEA from the District of Columbia: Provided, That as part of 
the certification, the Chief Financial Officer of the District of 
Columbia shall require all attorneys in IDEA cases to disclose any 
financial, corporate, legal, memberships on boards of directors, or 
other relationships with any special education diagnostic services, 
schools, or other special education service providers to which the 
attorneys have referred any clients as part of this certification: 
Provided further, That the Chief Financial Officer shall prepare and 
submit quarterly reports to the Committees on Appropriations of the 
House of Representatives and Senate on the certification of and the 
amount paid by the government of the District of Columbia, including the 
District of Columbia Public Schools, to attorneys in cases brought under 
IDEA: Provided further, That the Inspector General of the District of 
Columbia may conduct investigations to determine the accuracy of the 
certifications.
    Sec. 434. Section 603(e)(3)(C)(iv) of the Student Loan Marketing 
Association Reorganization Act of 1996 (20 U.S.C. 1155(e)(3)(C)(iv)) is 
amended as follows--
            (1) by inserting ``for a fiscal year'' after ``this 
        subparagraph''; and
            (2) by inserting ``for the fiscal year'' before the period.

    Sec. 435. Chapter 3 of title 16, District of Columbia Code, is 
amended by inserting at the end the following new section:

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

    ``(a) When a petition for adoption has been filed and there has been 
no termination or relinquishment of parental rights with respect to the 
proposed adoptee or consent to the proposed adoption by a parent or 
guardian whose consent is required under D.C. Code section 16-304, the 
Court may appoint an attorney to represent such parent or guardian in 
the adoption proceeding if the individual is financially unable to 
obtain adequate representation.

[[Page 118 STAT. 142]]

    ``(b) The Court may appoint a guardian ad litem who is an attorney 
to represent the child in an adoption proceeding. The guardian ad litem 
shall in general be charged with the representation of the child's best 
interest.
    ``(c) An attorney appointed pursuant to subsection (a) or (b) of 
this section shall be compensated in accordance with D.C. Code section 
16-2326.01, except that compensation in the adoption case shall be 
subject to the limitation set forth in D.C. Code section 16-
2326.01(b)(2).''.
    The table of sections for chapter 3 of title 16, District of 
Columbia Code, is amended by inserting at the end the following new 
item:

``Sec. 16-316. Appointment and compensation of counsel; guardian ad 
           litem.''.

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

    This division may be cited as the ``District of Columbia 
Appropriations Act, 2004''.

[[Page 118 STAT. 143]]

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

                                 An Act

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

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

                TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                 Export-Import Bank of the United States

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, <<NOTE: 12 USC 635 note. administrative expenses>> That 
notwithstanding section 1(c) of Public Law 103-428, as amended, sections 
1(a) and (b) of Public Law 103-428 shall remain in effect through 
                            October 1, 2004.

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, $72,895,000: Provided, That the Export-Import Bank 
may accept, and use, payment or services provided by transaction 
participants for legal, financial, or technical services in connection 
with any transaction for which an application for a loan, guarantee or 
insurance commitment has been made: Provided further, <<NOTE: 12 USC 
635a note.>> That, notwithstanding subsection (b) of section 117 of the 
Export Enhancement Act of 1992, subsection (a) thereof shall remain in 
effect until October 1, 2004.

[[Page 118 STAT. 144]]

                 Overseas Private Investment Corporation

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

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

                   Funds Appropriated to the President

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

                 TITLE II--BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

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

[[Page 118 STAT. 145]]

    For necessary expenses to carry out the provisions of chapters 1 and 
10 of part I of the Foreign Assistance Act of 1961, for child survival, 
health, and family planning/reproductive health activities, in addition 
to funds otherwise available for such purposes, $1,835,000,000, to 
remain available until September 30, 2005: Provided, That this amount 
shall be made available for such activities as: (1) immunization 
programs; (2) oral rehydration programs; (3) health, nutrition, water 
and sanitation programs which directly address the needs of mothers and 
children, and related education programs; (4) assistance for children 
displaced or orphaned by causes other than AIDS; (5) programs for the 
prevention, treatment, control of, and research on HIV/AIDS, 
tuberculosis, polio, malaria, and other infectious diseases, and for 
assistance to communities severely affected by HIV/AIDS, including 
children displaced or orphaned by AIDS; and (6) family planning/
reproductive health: Provided further, That none of the funds 
appropriated under this heading may be made available for nonproject 
assistance, except that funds may be made available for such assistance 
for ongoing health activities: Provided further, That of the funds 
appropriated under this heading, not to exceed $250,000, in addition to 
funds otherwise available for such purposes, may be used to monitor and 
provide oversight of child survival, maternal and family planning/
reproductive health, and infectious disease programs: Provided further, 
That the following amounts should be allocated as follows: $330,000,000 
for child survival and maternal health; $28,000,000 for vulnerable 
children; $516,500,000 for HIV/AIDS including not less than $22,000,000 
which should be made available to support the development of 
microbicides as a means for combating HIV/AIDS; $185,000,000 for other 
infectious diseases; and $375,500,000 for family planning/reproductive 
health, including in areas where population growth threatens 
biodiversity or endangered species: Provided further, That of the funds 
appropriated under this heading, and in addition to funds allocated 
under the previous proviso, not less than $400,000,000 shall be made 
available, notwithstanding any other provision of law, except for the 
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act 
of 2003 (117 Stat. 711; 22 U.S.C. 1701 et seq.) as amended by section 
595 of this Act, for a United States contribution to the Global Fund to 
Fight AIDS, Tuberculosis and Malaria (the ``Global Fund''), and shall be 
expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That of the funds 
appropriated under this heading that are available for HIV/AIDS programs 
and activities, not less than $26,000,000 should be made available for 
the International AIDS Vaccine Initiative and not less than $26,000,000 
should be made available for a United States contribution to UNAIDS: 
Provided further, That of the funds appropriated under this heading, 
$60,000,000 should be made available for a United States contribution to 
The Vaccine Fund, and up to $6,000,000 may be transferred to and merged 
with funds appropriated by this Act under the heading ``Operating 
Expenses of the United States Agency for International Development'' for 
costs directly related to international health, but funds

[[Page 118 STAT. 146]]

made available for such costs may not be derived from amounts made 
available for contribution under this and preceding provisos: Provided 
further, That none of the funds made available in this Act nor any 
unobligated balances from prior appropriations may be made available to 
any organization or program which, as determined by the President of the 
United States, supports or participates in the management of a program 
of coercive abortion or involuntary sterilization: Provided further, 
That none of the funds made available under this Act may be used to pay 
for the performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions: Provided further, 
That none of the funds made available under this Act may be used to 
lobby for or against abortion: Provided further, That in order to reduce 
reliance on abortion in developing nations, funds shall be available 
only to voluntary family planning projects which offer, either directly 
or through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary family 
planning project shall meet the following requirements: (1) service 
providers or referral agents in the project shall not implement or be 
subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators for 
budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of total 
number of births, number of family planning acceptors, or acceptors of a 
particular method of family planning; (3) the project shall not deny any 
right or benefit, including the right of access to participate in any 
program of general welfare or the right of access to health care, as a 
consequence of any individual's decision not to accept family planning 
services; (4) the project shall provide family planning acceptors 
comprehensible information on the health benefits and risks of the 
method chosen, including those conditions that might render the use of 
the method inadvisable and those adverse side effects known to be 
consequent to the use of the method; and (5) the project shall ensure 
that experimental contraceptive drugs and devices and medical procedures 
are provided only in the context of a scientific study in which 
participants are advised of potential risks and benefits; and, not less 
than 60 days after the date on which the Administrator of the United 
States Agency for International Development determines that there has 
been a violation of the requirements contained in paragraph (1), (2), 
(3), or (5) of this proviso, or a pattern or practice of violations of 
the requirements contained in paragraph (4) of this proviso, the 
Administrator shall submit to the Committees on Appropriations a report 
containing a description of such violation and the corrective action 
taken by the Agency: Provided further, That in awarding grants for 
natural family planning under section 104 of the Foreign Assistance Act 
of 1961 no applicant shall be discriminated against because of such 
applicant's religious or conscientious commitment to offer only natural 
family planning; and, additionally, all such applicants shall comply 
with the requirements of the previous proviso: Provided further, That 
for purposes of this or any other Act authorizing or appropriating funds 
for foreign operations, export

[[Page 118 STAT. 147]]

financing, and related programs, the term ``motivate'', as it relates to 
family planning assistance, shall not be construed to prohibit the 
provision, consistent with local law, of information or counseling about 
all pregnancy options: Provided further, That nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions against 
abortion under section 104 of the Foreign Assistance Act of 1961: 
Provided further, That to the maximum extent feasible, taking into 
consideration cost, timely availability, and best health practices, 
funds appropriated in this Act or prior appropriations Acts that are 
made available for condom procurement shall be made available only for 
the procurement of condoms manufactured in the United States: Provided 
further, That information provided about the use of condoms as part of 
projects or activities that are funded from amounts appropriated by this 
Act shall be medically accurate and shall include the public health 
                 benefits and failure rates of such use.

    For necessary expenses of the United States Agency for International 
Development to carry out the provisions of sections 103, 105, 106, and 
131, and chapter 10 of part I of the Foreign Assistance Act of 1961, 
$1,385,000,000, of which up to $150,000,000 may remain available until 
September 30, 2005: Provided, That none of the funds appropriated under 
title II of this Act that are managed by or allocated to the United 
States Agency for International Development's Global Development 
Secretariat, may be made available except through the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That $190,000,000 should be allocated for trade capacity 
building: Provided further, That $235,000,000 should be allocated for 
basic education: Provided further, That of the funds appropriated under 
this heading and managed by the United States Agency for International 
Development Bureau of Democracy, Conflict, and Humanitarian Assistance, 
not less than $11,000,000 shall be made available only for programs to 
improve women's leadership capacity in recipient countries: Provided 
further, That such funds may not be made available for construction: 
Provided further, That of the funds appropriated under this heading that 
are made available for assistance programs for displaced and orphaned 
children and victims of war, not to exceed $32,500, in addition to funds 
otherwise available for such purposes, may be used to monitor and 
provide oversight of such programs: Provided further, That of the 
aggregate amount of the funds appropriated by this Act that are made 
available for agriculture and rural development programs, $25,000,000 
should be made available for plant biotechnology research and 
development: Provided further, That not less than $2,300,000 should be 
made available for core support for the International Fertilizer 
Development Center: Provided further, That of the funds appropriated 
under this heading, not less than $19,000,000 should be made available 
for the American Schools and Hospitals Abroad program: Provided further, 
That of the funds appropriated under this heading, not less than 
$10,000,000, in addition to other funds available under this heading for 
assistance for Mexico, should be made available for programs and 
activities in rural Mexico to promote microfinance, small business 
development, energy and environmental conservation, and private property 
ownership in rural communities, and to support small farmers who have 
been affected by adverse economic conditions:

[[Page 118 STAT. 148]]

Provided further, That funds made available pursuant to the previous 
proviso shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That of the funds 
appropriated by this Act, $100,000,000 shall be made available for 
         drinking water supply projects and related activities.

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

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

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 108 and 635 of the Foreign Assistance Act of 1961, funds may be 
derived by transfer from funds appropriated by this Act to carry out 
part I of such Act and under the heading ``Assistance for Eastern Europe 
and the Baltic States'': Provided, That such funds shall not exceed 
$21,000,000, which shall be made

[[Page 118 STAT. 149]]

available only for micro and small enterprise programs, urban programs, 
and other programs which further the purposes of part I of the Act: 
Provided further, That such costs, including the cost of modifying such 
direct and guaranteed loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further,  That 
funds made available by this paragraph may be used for the cost of 
modifying any such guaranteed loans under this Act or prior Acts, and 
funds used for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,000,000, which may be transferred to and merged with the 
appropriation for Operating Expenses of the United States Agency for 
International Development: Provided, That funds made available under 
      this heading shall remain available until September 30, 2007.

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

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

[[Page 118 STAT. 150]]

to transfer funds appropriated to carry out chapter 1 of part I of such 
Act to ``Operating Expenses of the United States Agency for 
International Development'' in accordance with the provisions of those 
sections: Provided further, That during fiscal year 2004, the number of 
full-time equivalent positions for United States foreign service 
employees of the United States Agency for International Development for 
countries in the Latin America and Caribbean region shall not be reduced 
below the number for such employees for countries in that region as of 
September 30, 2003, except as provided through the regular notification 
             procedures of the Committees on Appropriations.

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

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

                   Other Bilateral Economic Assistance

    For necessary expenses to carry out the provisions of chapter 4 of 
part II, $2,132,500,000, to remain available until September 30, 2005: 
Provided, That of the funds appropriated under this heading, not less 
than $480,000,000 shall be available only for Israel, which sum shall be 
available on a grant basis as a cash transfer and shall be disbursed 
within 30 days of the enactment

[[Page 118 STAT. 151]]

of this Act: Provided further, That not less than $575,000,000 shall be 
available only for Egypt, which sum shall be provided on a grant basis, 
and of which sum cash transfer assistance shall be provided with the 
understanding that Egypt will undertake significant economic reforms 
which are additional to those which were undertaken in previous fiscal 
years, and of which not less than $200,000,000 shall be provided as 
Commodity Import Program assistance: Provided further, That in 
exercising the authority to provide cash transfer assistance for Israel, 
the President shall ensure that the level of such assistance does not 
cause an adverse impact on the total level of nonmilitary exports from 
the United States to such country and that Israel enters into a side 
letter agreement in an amount proportional to the fiscal year 1999 
agreement: Provided further, That of the funds appropriated under this 
heading, not less than $250,000,000 should be made available only for 
assistance for Jordan: Provided further, That of the funds appropriated 
under this heading, up to $1,000,000 should be used to further legal 
reforms in the West Bank and Gaza, including judicial training on 
commercial disputes and ethics: Provided further, That funds 
appropriated under this heading shall be made available for 
administrative costs of the United States Agency for International 
Development to implement regional programs in Asia and the Near East, 
including the Middle East Partnership Initiative, in addition to amounts 
otherwise available for such purposes: Provided further, That 
$13,500,000 of the funds appropriated under this heading shall be made 
available for Cyprus to be used only for scholarships, administrative 
support of the scholarship program, bicommunal projects, and measures 
aimed at reunification of the island and designed to reduce tensions and 
promote peace and cooperation between the two communities on Cyprus: 
Provided further, That $35,000,000 of the funds appropriated under this 
heading shall be made available for assistance for Lebanon, of which not 
less than $4,000,000 should be made available for American educational 
institutions for scholarships and other programs: Provided further, That 
notwithstanding section 534(a) of this Act, funds appropriated under 
this heading that are made available for assistance for the Central 
Government of Lebanon shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
of the funds appropriated under this heading, not less than $22,500,000 
shall be made available for assistance for the Democratic Republic of 
Timor-Leste, of which up to $1,000,000 may be available for 
administrative expenses of the United States Agency for International 
Development: Provided further, That of the funds appropriated under this 
heading, not less than $1,500,000 should be made available for technical 
assistance for countries to implement and enforce the Kimberley Process 
Certification Scheme: Provided further, That funds appropriated under 
this heading should be made available to support the development of 
justice and reconciliation mechanisms in the Democratic Republic of the 
Congo, Rwanda, Burundi, and Uganda, including programs to improve local 
capacity to prevent and respond to gender-based violence: Provided 
further, That funds appropriated under this heading may be used, 
notwithstanding any other provision of law, to provide assistance to the 
National Democratic Alliance of Sudan to strengthen its ability to 
protect civilians from attacks, slave raids, and aerial bombardment by 
the Sudanese Government forces and its militia allies, and the provision 
of such

[[Page 118 STAT. 152]]

funds shall be subject to the regular notification procedures of the 
Committees on Appropriations: Provided further, That in the previous 
proviso, the term ``assistance'' includes non-lethal, non-food aid such 
as blankets, medicine, fuel, mobile clinics, water drilling equipment, 
communications equipment to notify civilians of aerial bombardment, non-
military vehicles, tents, and shoes: Provided further, That of the funds 
appropriated under this heading, not less than $1,750,000 should be made 
available for East Asia and Pacific Environment Initiatives: Provided 
further, That of the funds appropriated under this heading, $5,000,000 
shall be made available to continue to support the provision of 
wheelchairs for needy persons in developing countries: Provided further, 
That funds appropriated under this heading that are made available for a 
Middle East Financing Facility, Middle East Enterprise Fund, or any 
other similar entity in the Middle East shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That with respect to funds appropriated under this heading in 
this Act or prior Acts making appropriations for foreign operations, 
export financing, and related programs, the responsibility for policy 
decisions and justifications for the use of such funds, including 
whether there will be a program for a country that uses those funds and 
the amount of each such program, shall be the responsibility of the 
Secretary of State and the Deputy Secretary of State and this 
responsibility shall not be delegated: Provided further, That of the 
funds appropriated in Public Law 108-106 under the heading ``Iraq Relief 
and Reconstruction Fund'', up to $100,000,000 may be transferred to and 
consolidated with funds appropriated by this Act under this heading and 
made available for Turkey, and up to $30,000,000 may be transferred to 
and consolidated with funds appropriated by this Act under this heading 
and made available for the Middle East Partnership Initiative: Provided 
further, That funds appropriated under this heading shall be made 
available for programs and countries in the amounts contained in the 
table accompanying the joint explanatory statement of the managers 
accompanying this Act: Provided further, That any proposed increases or 
decreases to the amounts contained in such table shall be subject to the 
regular notification procedures of the Committees on Appropriations and 
section 634A of the Foreign Assistance Act of 1961 and notifications 
shall be transmitted at least 15 days in advance of the obligation of 
                                 funds.

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

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

[[Page 118 STAT. 153]]

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

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 and the Support for East European 
Democracy (SEED) Act of 1989, $445,000,000, to remain available until 
September 30, 2005, which shall be available, notwithstanding any other 
provision of law, for assistance and for related programs for Eastern 
Europe and the Baltic States: Provided, That of the funds appropriated 
under this heading that are made available for assistance for Bulgaria, 
$2,000,000 should be made available to enhance safety at nuclear power 
plants: Provided further, That of the funds appropriated under this 
heading, and under the headings ``Assistance for the Independent States 
of the Former Soviet Union'', ``Foreign Military Financing Program'', 
and ``Economic Support Fund'', not less than $53,500,000 shall be made 
available for programs for the prevention, treatment, and control of, 
and research on, HIV/AIDS, tuberculosis, and malaria: Provided further, 
That of the funds appropriated under this heading that are made 
available for Montenegro, not less than $12,000,000 shall be made 
available for economic development and environmental programs in the 
coastal region: Provided further, That of the funds appropriated under 
this heading, up to $1,000,000 should be made available for a program to 
promote greater understanding and interaction among youth in Albania, 
Kosovo, Montenegro and Macedonia: Provided further, That funds 
appropriated under this heading shall be made available for programs and 
countries in the amounts contained in the table accompanying the joint 
explanatory statement of the managers accompanying this Act: Provided 
further, That any proposed increases or decreases to the amounts 
contained in such table shall be subject to the regular notification 
procedures of the Committees on Appropriations and section 634A of the 
Foreign Assistance Act of 1961 and notifications shall be transmitted at 
least 15 days in advance of the obligation of funds.
    (b) Funds appropriated under this heading shall be considered to be 
economic assistance under the Foreign Assistance Act of 1961 for 
purposes of making available the administrative authorities contained in 
that Act for the use of economic assistance.
    (c) With regard to funds appropriated under this heading for the 
economic revitalization program in Bosnia and Herzegovina,

[[Page 118 STAT. 154]]

and local currencies generated by such funds (including the conversion 
of funds appropriated under this heading into currency used by Bosnia 
and Herzegovina as local currency and local currency returned or repaid 
under such program) the Administrator of the United States Agency for 
International Development shall provide written approval for grants and 
loans prior to the obligation and expenditure of funds for such 
purposes, and prior to the use of funds that have been returned or 
repaid to any lending facility or grantee.
    (d) The provisions of section 529 of this Act shall apply to funds 
made available under subsection (c) and to funds appropriated under this 
heading: Provided, That notwithstanding any provision of this or any 
other Act, including provisions in this subsection regarding the 
application of section 529 of this Act, local currencies generated by, 
or converted from, funds appropriated by this Act and by previous 
appropriations Acts and made available for the economic revitalization 
program in Bosnia may be used in Eastern Europe and the Baltic States to 
carry out the provisions of the Foreign Assistance Act of 1961 and the 
Support for East European Democracy (SEED) Act of 1989.
    (e) The President is authorized to withhold funds appropriated under 
this heading made available for economic revitalization programs in 
Bosnia and Herzegovina, if he determines and certifies to the Committees 
on Appropriations that the Federation of Bosnia and Herzegovina has not 
complied with article III of annex 1-A of the General Framework 
Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal 
of foreign forces, and that intelligence cooperation on training, 
investigations, and related activities between state sponsors of 
terrorism and terrorist organizations and Bosnian officials has not been 
                               terminated.

    (a) For necessary expenses to carry out the provisions of chapters 
11 and 12 of part I of the Foreign Assistance Act of 1961 and the 
FREEDOM Support Act, for assistance for the Independent States of the 
former Soviet Union and for related programs, $587,000,000, to remain 
available until September 30, 2005: Provided, That the provisions of 
such chapters shall apply to funds appropriated by this paragraph: 
Provided further, That of the funds made available for the Southern 
Caucasus region, notwithstanding any other provision of law, funds may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of the regional conflicts, 
especially those in the vicinity of Abkhazia and Nagorno-Karabagh: 
Provided further, That of the funds appropriated under this heading, 
$1,500,000 should be available only to meet the health and other 
assistance needs of victims of trafficking in persons: Provided further, 
That of the funds appropriated under this heading, $17,500,000 shall be 
made available solely for assistance for the Russian Far East, of which 
not less than $3,000,000 shall be made available for programs and 
activities authorized under section 307 of the FREEDOM Support Act 
(Public Law 102-511): Provided further, That $4,000,000 shall be made 
available to promote freedom of the media and an independent media in 
Russia: Provided further, That of the funds appropriated under this 
heading, up to $500,000 should be made available to support democracy 
building programs in Russia through the

[[Page 118 STAT. 155]]

Sakharov Archives: Provided further, That, notwithstanding any other 
provision of law, funds appropriated under this heading in this Act or 
prior Acts making appropriations for foreign operations, export 
financing, and related programs, that are made available pursuant to the 
provisions of section 807 of Public Law 102-511 shall be subject to a 6 
percent ceiling on administrative expenses.
    (b) Of the funds appropriated under this heading that are made 
available for assistance for Ukraine, not less than $19,000,000 should 
be made available for nuclear reactor safety initiatives, and not less 
than $1,500,000 shall be made available for coal mine safety programs.
    (c) Of the funds appropriated under this heading, not less than 
$94,000,000 shall be made available for assistance for Russia.
    (d) Of the funds appropriated under this heading, not less than 
$75,000,000 shall be made available for assistance for Armenia.
    (e) Of the funds appropriated under this heading, not less than 
$57,000,000 should be made available, in addition to funds otherwise 
available for such purposes, for assistance for child survival, 
environmental and reproductive health, and to combat HIV/AIDS, 
tuberculosis and other infectious diseases, and for related activities.
    (f)(1) Of the funds appropriated under this heading that are 
allocated for assistance for the Government of the Russian Federation, 
60 percent shall be withheld from obligation until the President 
determines and certifies in writing to the Committees on Appropriations 
that the Government of the Russian Federation--
            (A) has terminated implementation of arrangements to provide 
        Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (B) is providing full access to international non-government 
        organizations providing humanitarian relief to refugees and 
        internally displaced persons in Chechnya.

    (2) Paragraph (1) shall not apply to--
            (A) assistance to combat infectious diseases, child survival 
        activities, or assistance for victims of trafficking in persons; 
        and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.

    (g) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his or 
        her official capacity;
            (4) any insurance, reinsurance, guarantee or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2191 et seq.);

[[Page 118 STAT. 156]]

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

                          Independent Agencies

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

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

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (75 Stat. 612), $310,000,000, including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for use 
outside of the United States: Provided, That none of the funds 
appropriated under this heading shall be used to pay for abortions: 
Provided further, That funds appropriated under this heading shall 
remain available until September 30, 2005: Provided further, That during 
fiscal year <<NOTE: 22 USC 2506 note. millennium challenge 
corporation>> 2004 and any subsequent fiscal year, the Director of the 
Peace Corps may make appointments or assignments, or extend current 
appointments or assignments, to permit United States citizens to serve 
for periods in excess of 5 years in the case of individuals whose 
appointment or assignment, such as regional safety security officers and 
employees within the Office of the Inspector General, involves the 
safety of Peace Corps volunteers: Provided further, That the Director of 
the Peace Corps may make such appointments or assignments 
notwithstanding the provisions of section 7 of the Peace Corps Act 
limiting the length of an appointment or assignment, the circumstances 
under which such an appointment or assignment may exceed 5 years, and 
the percentage of appointments or assignments that can be made in excess 
                               of 5 years.

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

[[Page 118 STAT. 157]]

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

                           Department of State

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

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961 to support counterdrug activities in the Andean 
region of South America, $731,000,000, to remain available until 
September 30, 2006: Provided, That in fiscal year 2004, funds available 
to the Department of State for assistance to the Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as terrorist 
organizations such as the Revolutionary Armed Forces of Colombia (FARC), 
the National Liberation Army (ELN), and the United Self-Defense Forces 
of Colombia (AUC), and to take actions to protect human health and 
welfare in emergency circumstances, including undertaking rescue 
operations: Provided further, That this authority shall cease to be 
effective if the Secretary of State has credible evidence that the 
Colombian Armed Forces are not conducting vigorous operations to restore 
government authority and respect for human rights in areas under the 
effective control of paramilitary and guerrilla organizations: Provided 
further, That the President shall ensure that if any helicopter procured 
with funds under this heading is used to aid or abet the operations of 
any illegal self-defense group or illegal security cooperative, such 
helicopter shall be immediately returned to the United States: Provided 
further, That none of the funds appropriated by this

[[Page 118 STAT. 158]]

Act may be made available to support a Peruvian air interdiction program 
until the Secretary of State and Director of Central Intelligence 
certify to the Congress, 30 days before any resumption of United States 
involvement in a Peruvian air interdiction program, that an air 
interdiction program that permits the ability of the Peruvian Air Force 
to shoot down aircraft will include enhanced safeguards and procedures 
to prevent the occurrence of any incident similar to the April 20, 2001 
incident: Provided further, That the Secretary of State, in consultation 
with the Administrator of the United States Agency for International 
Development, shall provide to the Committees on Appropriations not later 
than 45 days after the date of the enactment of this Act and prior to 
the initial obligation of funds appropriated under this heading, a 
report on the proposed uses of all funds under this heading on a 
country-by-country basis for each proposed program, project, or 
activity: Provided further, That of the funds appropriated under this 
heading, not less than $257,000,000 shall be made available for 
alternative development/institution building, of which $229,200,000 
shall be apportioned directly to the United States Agency for 
International Development: Provided further, That of the funds 
appropriated under this heading, not less than $25,000,000 should be 
made available for justice and rule of law programs in Colombia: 
Provided further, That of the funds appropriated under this heading, in 
addition to funds made available pursuant to the previous proviso, not 
less than $13,000,000 should be made available for organizations and 
programs to protect human rights: Provided further, That not more than 
20 percent of the funds appropriated by this Act that are used for the 
procurement of chemicals for aerial coca and poppy fumigation programs 
may be made available for such programs unless the Secretary of State, 
after consultation with the Administrator of the Environmental 
Protection Agency (EPA), certifies to the Committees on Appropriations 
that: (1) the herbicide mixture is being used in accordance with EPA 
label requirements for comparable use in the United States and any 
additional controls recommended by the EPA for this program, and with 
the Colombian Environmental Management Plan for aerial fumigation; and 
(2) the herbicide mixture, in the manner it is being used, does not pose 
unreasonable risks or adverse effects to humans or the environment: 
Provided further, That such funds may not be made available unless the 
Secretary of State certifies to the Committees on Appropriations that 
complaints of harm to health or licit crops caused by such fumigation 
are evaluated and fair compensation is being paid for meritorious 
claims: Provided further,  That such funds may not be made available for 
such purposes unless programs are being implemented by the United States 
Agency for International Development, the Government of Colombia, or 
other organizations, in consultation with local communities, to provide 
alternative sources of income in areas where security permits for small-
acreage growers whose illicit crops are targeted for fumigation: 
Provided further, That of the funds appropriated under this heading, not 
less than $2,500,000 should be made available for continued training, 
equipment, and other assistance for the Colombian National Park Service: 
Provided further, That funds appropriated by this Act may be used for 
aerial fumigation in Colombia's national parks or reserves if the 
Secretary of State determines that it is in accordance with Colombian 
laws and that there are no effective alternatives to reduce drug 
cultivation in these areas: Provided

[[Page 118 STAT. 159]]

further, That section 482(b) of the Foreign Assistance Act of 1961 shall 
not apply to funds appropriated under this heading: Provided further, 
That assistance provided with funds appropriated under this heading that 
is made available notwithstanding section 482(b) of the Foreign 
Assistance Act of 1961, as amended, shall be made available subject to 
the regular notification procedures of the Committees on Appropriations: 
Provided further, That the provisions of section 3204(b) through (d) of 
Public Law 106-246, as amended by Public Law 107-115, shall be 
applicable to funds appropriated for fiscal year 2004: Provided further, 
That no United States Armed Forces personnel or United States civilian 
contractor employed by the United States will participate in any combat 
operation in connection with assistance made available by this Act for 
Colombia: Provided further, That funds appropriated under this heading 
that are available for assistance for the Bolivian military and police 
should be made available for such purposes subject to a determination by 
the Secretary of State, and a report to the Committees on 
Appropriations, that the Bolivian military and police are respecting 
human rights and cooperating with investigations and prosecutions of 
alleged violations of human rights: Provided further, That of the funds 
appropriated under this heading, not more than $16,285,000 may be 
available for administrative expenses of the Department of State, and 
not more than $4,500,000 may be available, in addition to amounts 
otherwise available for such purposes, for administrative expenses of 
         the United States Agency for International Development.

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

[[Page 118 STAT. 160]]

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

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

[[Page 118 STAT. 161]]

be made available for programs and countries in the amounts contained in 
the table accompanying the joint explanatory statement of the managers 
accompanying this Act: Provided further, That any proposed increases or 
decreases to the amounts contained in such table shall be subject to the 
regular notification procedures of the Committees on Appropriations and 
section 634A of the Foreign Assistance Act of 1961 and notifications 
shall be transmitted at least 15 days in advance of the obligation of 
funds.

                       Department of the Treasury

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

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

Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has

[[Page 118 STAT. 162]]

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

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

                     TITLE III--MILITARY ASSISTANCE

                   Funds Appropriated to the President

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

[[Page 118 STAT. 163]]

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

[[Page 118 STAT. 164]]

for procurement of defense articles, defense services or design and 
construction services that are not sold by the United States Government 
under the Arms Export Control Act: Provided further, That funds 
appropriated under this heading shall be expended at the minimum rate 
necessary to make timely payment for defense articles and services: 
Provided further, That not more than $40,500,000 of the funds 
appropriated under this heading may be obligated for necessary expenses, 
including the purchase of passenger motor vehicles for replacement only 
for use outside of the United States, for the general costs of 
administering military assistance and sales: Provided further, That not 
more than $361,000,000 of funds realized pursuant to section 21(e)(1)(A) 
of the Arms Export Control Act may be obligated for expenses incurred by 
the Department of Defense during fiscal year 2004 pursuant to section 
43(b) of the Arms Export Control Act, except that this limitation may be 
exceeded only through the regular notification procedures of the 
Committees on Appropriations: Provided further, That foreign military 
financing program funds estimated to be outlayed for Egypt during fiscal 
year 2004 shall be transferred to an interest bearing account for Egypt 
in the Federal Reserve Bank of New York within 30 days of enactment of 
                                this Act.

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

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

    For the United States contribution for the Global Environment 
Facility, $139,240,000 to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
     Secretary of the Treasury, to remain available until expended.

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

[[Page 118 STAT. 165]]

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

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

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

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

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

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

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

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

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

[[Page 118 STAT. 166]]

limitation to the callable capital portion of the United States share of 
such capital stock in an amount not to exceed $122,085,497.

   contribution to the international fund for agricultural development

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

                international organizations and programs

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

                       TITLE V--GENERAL PROVISIONS

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

    Sec. 502. <<NOTE: 22 USC 2151u note.>> None of the funds 
appropriated or otherwise made available by this Act for development 
assistance may be made available to any United States private and 
voluntary organization,

[[Page 118 STAT. 167]]

except any cooperative development organization, which obtains less than 
20 percent of its total annual funding for international activities from 
sources other than the United States Government: Provided, That the 
Administrator of the United States Agency for International Development, 
after informing the Committees on Appropriations, may, on a case-by-case 
basis, waive the restriction contained in this subsection, after taking 
into account the effectiveness of the overseas development activities of 
the organization, its level of volunteer support, its financial 
viability and stability, and the degree of its dependence for its 
                    financial support on the agency.

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

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

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

[[Page 118 STAT. 168]]

    Sec. 506. (a) Prohibition on Taxation.--None of the funds 
appropriated by this Act may be made available to provide assistance for 
a foreign country under a new bilateral agreement governing the terms 
and conditions under which such assistance is to be provided unless such 
agreement includes a provision stating that assistance provided by the 
United States shall be exempt from taxation, or reimbursed, by the 
foreign government, and the Secretary of State shall expeditiously seek 
to negotiate amendments to existing bilateral agreements, as necessary, 
to conform with this requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200 
percent of the total taxes assessed during fiscal year 2004 on funds 
appropriated by this Act by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through grantees, 
contractors and subcontractors shall be withheld from obligation from 
funds appropriated for assistance for fiscal year 2005 and allocated for 
the central government of such country and for the West Bank and Gaza 
Program to the extent that the Secretary of State certifies and reports 
in writing to the Committees on Appropriations that such taxes have not 
been reimbursed to the Government of the United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for each 
country or entity pursuant to subsection (b) shall be reprogrammed for 
assistance to countries which do not assess taxes on United States 
assistance or which have an effective arrangement that is providing 
substantial reimbursement of such taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply to any 
        country or entity the Secretary of State determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective arrangement that is 
                providing substantial reimbursement of such taxes; or
                    (B) the foreign policy interests of the United 
                States outweigh the policy of this section to ensure 
                that United States assistance is not subject to 
                taxation.
            (2) The Secretary of State shall consult with the Committees 
        on Appropriations at least 15 days prior to exercising the 
        authority of this subsection with regard to any country or 
        entity.

    (f) Implementation.--The <<NOTE: Regulations.>> Secretary of State 
shall issue rules, regulations, or policy guidance, as appropriate, to 
implement the prohibition against the taxation of assistance contained 
in this section.

    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance

[[Page 118 STAT. 169]]

        that describes the privileges and immunities applicable to 
        United States foreign assistance for such country generally, or 
        an individual agreement between the Government of the United 
        States and such government that describes, among other things, 
        the treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.

    (h) Relationship to Prior Law.--Section 579 of division E of Public 
Law 108-7 shall be deemed to have been amended by subsection (f) of this 
section and the modifications made by this section to comparable 
                  provisions contained in section 579.

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

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

    Sec. 509. (a)(1) Limitation on Transfers Between Agencies.--None of 
the funds made available by this Act may be transferred to any 
department, agency, or instrumentality of the United States Government, 
except pursuant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriation Act.
    (2) Notwithstanding paragraph (1), in addition to transfers made by, 
or authorized elsewhere in, this Act, funds appropriated by this Act to 
carry out the purposes of the Foreign Assistance Act of 1961 may be 
allocated or transferred to agencies of the United States Government 
pursuant to the provisions of sections 109, 610, and 632 of the Foreign 
Assistance Act of 1961.
    (b) Transfers Between Accounts.--None of the funds made available by 
this Act may be obligated under an appropriation account to which they 
were not appropriated, except for transfers specifically provided for in 
this Act, unless the President, not less than five days prior to the 
exercise of any authority contained in the Foreign Assistance Act of 
1961 to transfer funds, consults

[[Page 118 STAT. 170]]

with and provides a written policy justification to the Committees on 
Appropriations of the House of Representatives and the Senate.
    (c) Audit of Inter-agency Transfers.--Any agreement for the transfer 
or allocation of funds appropriated by this Act, or prior Acts, entered 
into between the United States Agency for International Development and 
another agency of the United States Government under the authority of 
section 632(a) of the Foreign Assistance Act of 1961 or any comparable 
provision of law, shall expressly provide that the Office of the 
Inspector General for the agency receiving the transfer or allocation of 
such funds shall perform periodic program and financial audits of the 
use of such funds: Provided, That funds transferred under such authority 
           may be made available for the cost of such audits.

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

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

    Sec. 512. No part of any appropriation contained in this Act shall 
be used to furnish assistance to the government of any country which is 
in default during a period in excess of one calendar year in payment to 
the United States of principal or interest on any loan made to the 
government of such country by the United

[[Page 118 STAT. 171]]

States pursuant to a program for which funds are appropriated under this 
Act unless the President determines, following consultations with the 
Committees on Appropriations, that assistance to such country is in the 
                 national interest of the United States.

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

    Sec. 514. <<NOTE: 22 USC 262h note. notification requirements>> The 
Secretary of the Treasury shall instruct the United States Executive 
Directors of the International Bank for Reconstruction and Development, 
the International Development Association, the International Finance 
Corporation, the Inter-American Development Bank, the International 
Monetary Fund, the Asian Development Bank, the Inter-American Investment 
Corporation, the North American Development Bank, the European Bank for 
Reconstruction and Development, the African Development Bank, and the 
African Development Fund to use the voice and vote of the United States 
to oppose any assistance by these institutions, using funds appropriated 
or made available pursuant to this Act, for the production or extraction 
of any commodity or mineral for export, if it is in surplus on world 
markets and if the assistance will cause substantial injury to United 
States producers of the same, similar, or competing commodity.

[[Page 118 STAT. 172]]

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

    Sec. 516. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under this Act or any 
previously enacted Act making appropriations for foreign

[[Page 118 STAT. 173]]

operations, export financing, and related programs, which are returned 
or not made available for organizations and programs because of the 
implementation of section 307(a) of the Foreign Assistance Act of 1961, 
     shall remain available for obligation until September 30, 2005.

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

Assistance may be furnished without regard to this subsection if the 
President determines that to do so is in the national interest.
    (b) <<NOTE: 22 USC 5814 note.>> None of the funds appropriated under 
the heading ``Assistance for the Independent States of the Former Soviet 
Union'' shall be made available for assistance for a government of an 
Independent State of the former Soviet Union if that government directs 
any action in violation of the territorial integrity or national 
sovereignty of any other Independent State of the former Soviet Union, 
such as those violations included in the Helsinki Final Act: Provided, 
That such funds may be made available without regard to the restriction 
in this subsection if the President determines that to do so is in the 
national security interest of the United States.

    (c) None of the funds appropriated under the heading ``Assistance 
for the Independent States of the Former Soviet Union'' shall be made 
available for any state to enhance its military capability: Provided, 
That this restriction does not apply to demilitarization, demining or 
nonproliferation programs.
    (d) Funds appropriated under the heading ``Assistance for the 
Independent States of the Former Soviet Union'' for the Russian 
Federation, Armenia, Georgia, and Ukraine shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (e) Funds made available in this Act for assistance for the 
Independent States of the former Soviet Union shall be subject to the 
provisions of section 117 (relating to environment and natural 
resources) of the Foreign Assistance Act of 1961.
    (f) Funds made available for Enterprise Funds shall be expended at 
the minimum rate necessary to make timely payment for projects and 
activities.
    (g) In issuing new task orders, entering into contracts, or making 
grants, with funds appropriated in this Act or prior appropriations Acts 
under the heading ``Assistance for the Independent States of the Former 
Soviet Union'' and under comparable headings in prior appropriations 
Acts, for projects or activities that have as one of their primary 
purposes the fostering of private sector development, the Coordinator 
for United States Assistance to the New Independent States and the 
implementing agency shall encourage the participation of and give 
significant weight to contractors and grantees who propose investing a 
significant amount of their

[[Page 118 STAT. 174]]

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

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

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

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

    Sec. 521. For the purpose of this Act, ``program, project, and 
activity'' shall be defined at the appropriations Act account level and 
shall include all appropriations and authorizations Acts earmarks, 
ceilings, and limitations with the exception that for the following 
accounts: Economic Support Fund and Foreign Military Financing Program, 
``program, project, and activity'' shall also be considered to include 
country, regional, and central program level funding within each such 
account; for the development assistance accounts of the United States 
Agency for International Development ``program, project, and activity'' 
shall also be considered to include

[[Page 118 STAT. 175]]

central, country, regional, and program level funding, either as: (1) 
justified to the Congress; or (2) allocated by the executive branch in 
accordance with a report, to be provided to the Committees on 
Appropriations within 30 days of the enactment of this Act, as required 
        by section 653(a) of the Foreign Assistance Act of 1961.

    Sec. 522. Up to $13,500,000 of the funds made available by this Act 
for assistance under the heading ``Child Survival and Health Programs 
Fund'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by titles II and III of this Act that are made 
available for bilateral assistance for child survival activities or 
disease programs including activities relating to research on, and the 
prevention, treatment and control of, HIV/AIDS may be made available 
notwithstanding any other provision of law except for the provisions 
under the heading ``Child Survival and Health Programs Fund'' and the 
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act 
of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.) as amended by section 
595 of this Act: Provided further, That of the funds appropriated under 
title II of this Act, not less than $432,000,000 shall be made available 
                for family planning/reproductive health.

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

[[Page 118 STAT. 176]]

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

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

    Sec. 525. <<NOTE: 22 USC 3948 note. democracy programs>> Funds 
appropriated by this and subsequent appropriations Acts to carry out the 
provisions of part I of the Foreign Assistance Act of 1961, including 
funds appropriated under the heading ``Assistance for Eastern Europe and 
the Baltic States'', may be made available to employ individuals 
overseas on a limited appointment basis pursuant to the authority of 
sections 308 and 309 of the Foreign Service Act of 1980: Provided, That 
in fiscal years 2004, 2005, and 2006 the authority of this section may 
     be used to hire not more than 85 individuals in each such year.

    Sec. 526. (a) Notwithstanding any other provision of law, of the 
funds appropriated by this Act to carry out the provisions of chapter 4 
of part II of the Foreign Assistance Act of 1961, not less than 
$13,500,000 shall be made available for assistance for activities to 
support democracy, human rights, and the rule of law in the People's 
Republic of China and Hong Kong: Provided, That funds appropriated under 
the heading ``Economic Support Fund'' should be made available for 
assistance for Taiwan for the purposes of furthering political and legal 
reforms: Provided further, That such funds shall only be made available 
to the extent that they are matched from sources other than the United 
States Government: Provided further, That funds made available pursuant 
to the authority of this subsection shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (b)(1) In addition to the funds made available in subsection (a), of 
the funds appropriated by this Act under the heading ``Economic Support 
Fund'' not less than $11,500,000 shall be made available for programs 
and activities to foster democracy, human rights, civic education, 
women's development, press freedom, and the rule of law in countries 
with a significant Muslim population, and where such programs and 
activities would be important to

[[Page 118 STAT. 177]]

United States efforts to respond to, deter, or prevent acts of 
international terrorism: Provided, That funds made available pursuant to 
the authority of this subsection should support new initiatives or 
bolster ongoing programs and activities in those countries: Provided 
further, That not less than $3,000,000 of such funds shall be made 
available for programs and activities that provide professional training 
for journalists: Provided further, That of the funds appropriated under 
this heading, in addition to other amounts made available for Egypt in 
this Act, funds shall be made available to support civil society 
organizations working for democracy in Egypt: Provided further, That 
notwithstanding any other provision of law, not to exceed $1,500,000 of 
such funds may be used for making grants to educational, humanitarian 
and nongovernmental organizations and individuals inside Iran to support 
the advancement of democracy and human rights in Iran: Provided further, 
That funds made available pursuant to this subsection shall be subject 
to the regular notification procedures of the Committees on 
Appropriations.
    (2) In addition to funds made available under subsections (a) and 
(b)(1), of the funds appropriated by this Act under the heading 
``Economic Support Fund'' not less than $3,000,000 shall be made 
available for programs and activities of the National Endowment for 
Democracy to foster democracy, human rights, civic education, women's 
development, press freedom, and the rule of law in countries in sub-
Saharan Africa.
    (c) Of the funds made available under subsection (a), not less than 
$10,500,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, to support the activities described in subsection (a), and of the 
funds made available under subsection (b), not less than $7,000,000 
shall be made available for such Fund to support the activities 
described in subsection (b): Provided, That the total amount of funds 
made available by this Act under ``Economic Support Fund'' for 
activities of the Bureau of Democracy, Human Rights and Labor, 
Department of State, including funds available in this section, shall be 
not less than $34,500,000.
    (d) Of the funds made available under subsection (a), not less than 
$3,000,000 shall be made available for the National Endowment for 
Democracy to support the activities described in subsection (a), and of 
the funds made available under subsection (b), not less than $3,500,000 
shall be made available for the National Endowment for Democracy to 
support the activities described in subsection (b): 
Provided, <<NOTE: Reports. Deadline. PROHIBITION ON BILATERAL ASSISTANCE 
TO TERRORIST COUNTRIES>> That the Secretary of State shall provide a 
report to the Committees on Appropriations within 120 days of the date 
of enactment of this Act on the status of the allocation, obligation, 
                     and expenditure of such funds.

    Sec. 527. (a) Funds appropriated for bilateral assistance under any 
heading of this Act and funds appropriated under any such heading in a 
provision of law enacted prior to the enactment of this Act, shall not 
be made available to any country which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.

[[Page 118 STAT. 178]]

    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver. <<NOTE: Federal Register, 
publication. DEBT-FOR-DEVELOPMENT>> The President shall publish each 
waiver in the Federal Register and, at least 15 days before the waiver 
takes effect, shall notify the Committees on Appropriations of the 
waiver (including the justification for the waiver) in accordance with 
the regular notification procedures of the Committees on Appropriations.

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

    Sec. <<NOTE: 22 USC 2362 note.>> 529. (a) Separate Accounts for 
Local Currencies.--(1) If assistance is furnished to the government of a 
foreign country under chapters 1 and 10 of part I or chapter 4 of part 
II of the Foreign Assistance Act of 1961 under agreements which result 
in the generation of local currencies of that country, the Administrator 
of the United States Agency for International Development shall--
            (A) require that local currencies be deposited in a separate 
        account established by that government;
            (B) enter into an agreement with that government which sets 
        forth--
                    (i) the amount of the local currencies to be 
                generated; and
                    (ii) the terms and conditions under which the 
                currencies so deposited may be utilized, consistent with 
                this section; and
            (C) establish by agreement with that government the 
        responsibilities of the United States Agency for International 
        Development and that government to monitor and account for 
        deposits into and disbursements from the separate account.

    (2) Uses of local currencies.--As may be agreed upon with the 
foreign government, local currencies deposited in a separate account 
pursuant to subsection (a), or an equivalent amount of local currencies, 
shall be used only--
            (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
        part II (as the case may be), for such purposes as--
                    (i) project and sector assistance activities; or
                    (ii) debt and deficit financing; or
            (B) for the administrative requirements of the United States 
        Government.

    (3) Programming accountability.--The United States Agency for 
International Development shall take all necessary steps to ensure that 
the equivalent of the local currencies disbursed pursuant to subsection 
(a)(2)(A) from the separate account established

[[Page 118 STAT. 179]]

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

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

[[Page 118 STAT. 180]]

    Sec. 531. (a) <<NOTE: 50 USC 1701 note.>> The Secretary of the 
Treasury shall instruct the United States executive director to each 
appropriate international financial institution in which the United 
States participates, to oppose and vote against the extension by such 
institution of any loan or financial or technical assistance or any 
other utilization of funds of the respective bank to and for Burma.

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

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

[[Page 118 STAT. 181]]

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

    Sec. 534. (a) Afghanistan, Pakistan, Lebanon, Montenegro, Victims of 
War, Displaced Children, and Displaced Burmese.--Funds appropriated by 
this Act that are made available for assistance for Afghanistan may be 
made available notwithstanding section 512 of this Act or any similar 
provision of law and section 660 of the Foreign Assistance Act of 1961, 
and funds appropriated in titles I and II of this Act that are made 
available for Lebanon, Montenegro, Pakistan, and for victims of war, 
displaced children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections 
103 through 106, and chapter 4 of part II, of the Foreign Assistance Act 
of 1961 may be used, notwithstanding any other provision of law, for the 
purpose of supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing greenhouse gas 
emissions: Provided, That such assistance shall be subject to sections 
116, 502B, and 620A of the Foreign Assistance Act of 1961.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 25 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 10 of such contractors shall be assigned to 
any bureau or office: Provided further, That such funds appropriated to 
carry out title II of the Agricultural Trade Development

[[Page 118 STAT. 182]]

and Assistance Act of 1954, may be made available only for personal 
services contractors assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the President 
pro tempore of the Senate that it is important to the national security 
interests of the United States.
    (2) Period of application of waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (f) Shipment of Humanitarian Assistance.--During <<NOTE: 22 USC 
2151u note.>> fiscal year 2004 and each fiscal year thereafter, of the 
amounts made available by the United States Agency for International 
Development to carry out the provisions of section 123(b) of the Foreign 
Assistance Act of 1961, funds may be made available to nongovernmental 
organizations for administrative costs necessary to implement a program 
to obtain available donated space on commercial ships for the shipment 
of humanitarian assistance overseas.

    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (h) National Endowment for Democracy.--Funds appropriated by this 
Act that are provided to the National Endowment for Democracy may be 
provided notwithstanding any other provision of law or regulation.
    (i) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance of the United States 
Agency for International Development, from this or any other Act, not 
less than $6,000,000 shall be made available as a general contribution 
to the World Food Program, notwithstanding any other provision of law.
    (j) Sudan.--For <<NOTE: 50 USC 1701 note.>> the purposes of section 
501 of Public Law 106-570, the terms ``areas outside of control of the 
Government of Sudan'' and ``area in Sudan outside of control of the 
Government of Sudan'' shall, upon conclusion of a peace agreement 
between the Government of Sudan and the Sudan People's Liberation 
Movement, have the same meaning and application as was the case 
immediately prior to the conclusion of such agreement.

    (k) Programs.--Of the funds appropriated under ``Economic Support 
Fund'' for Middle East regional programs, up to $5,000,000 may be made 
available for programs and activities of the Yitzhak Rabin Center for 
Israel Studies in Tel Aviv, Israel, and up to $5,000,000 may be made 
available for programs and activities of the Center for Human Dignity 
Museum of Tolerance in Jerusalem.

[[Page 118 STAT. 183]]

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

    Sec. 536. <<NOTE: 22 USC 2364c note. eligibility for assistance>> Of 
the funds appropriated or otherwise made available by this Act or any 
subsequent Act for ``Economic Support Fund'', assistance may be provided 
to strengthen the administration of justice in countries in Latin 
America and the Caribbean and in other regions consistent with the 
provisions of section 534(b) of the Foreign Assistance Act of 1961, 
except that programs to enhance protection of participants in judicial 
cases may be conducted notwithstanding section 660 of that Act. Funds 
made available pursuant to this section may be made available 
notwithstanding section 534(c) and the second and third sentences of 
          section 534(e) of the Foreign Assistance Act of 1961.

    Sec. 537. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Eastern Europe and the Baltic States'': Provided, That before using 
the authority

[[Page 118 STAT. 184]]

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

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

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

[[Page 118 STAT. 185]]

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

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

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

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

    Sec. 543. (a) None of the funds appropriated or otherwise made 
available by this Act may be available to any foreign government which 
provides lethal military equipment to a country the government of which 
the Secretary of State has determined is a terrorist government for 
purposes of section 6(j) of the Export Administration 
Act. <<NOTE: Termination.>> The prohibition under this section with 
respect to a foreign government shall terminate 12 months after that 
government ceases to provide such military 
equipment. <<NOTE: Applicability.>> This section applies with respect to 
lethal military equipment provided under a contract entered into after 
October 1, 1997.

    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of the 
United States.
    (c) Whenever the waiver authority of subsection (b) is exercised, 
the President shall submit to the appropriate congressional committees a 
report with respect to the furnishing of such assistance. Any such 
report shall include a detailed explanation of the assistance to be 
provided, including the estimated dollar amount of such assistance, and 
an explanation of how the assistance furthers United States national 
interests.

[[Page 118 STAT. 186]]

    Sec. 544. (a) Subject to subsection (c), of the funds appropriated 
by this Act that are made available for assistance for a foreign 
country, an amount equal to 110 percent of the total amount of the 
unpaid fully adjudicated parking fines and penalties owed by such 
country shall be withheld from obligation for such country until the 
Secretary of State submits a certification to the appropriate 
congressional committees stating that such parking fines and penalties 
are fully paid.
    (b) Funds withheld from obligation pursuant to subsection (a) may be 
made available for other programs or activities funded by this Act, 
after consultation with and subject to the regulation notification 
procedures of the appropriate congressional committees, provided that no 
such funds shall be made available for assistance to the central 
government of a foreign country that has not paid the total amount of 
the fully adjudicated parking fines and penalties owed by such country.
    (c) Subsection (a) shall not include amounts that have been withheld 
under any other provision of law.
    (d) The Secretary of State may waive the requirements set forth in 
subsection (a) no sooner than 60 days from the date of enactment of this 
Act, or at any time with respect to a particular country, if the 
Secretary determines that it is in the national interests of the United 
States to do so.
    (e) <<NOTE: Deadline. Reports.>> Not later than 6 months after the 
initial exercise of the waiver authority in subsection (d), the 
Secretary of State, after consultations with the City of New York, shall 
submit a report to the Committees on Appropriations describing a 
strategy, including a timetable and steps currently being taken, to 
collect the parking fines and penalties owed by nations receiving 
foreign assistance under this Act.

    (f) In this section:
            (1) The term ``appropriate congressional committees'' means 
        the Committee on Appropriations of the Senate and the Committee 
        on Appropriations of the House of Representatives.
            (2) The term ``fully adjudicated'' includes circumstances in 
        which the person to whom the vehicle is registered--
                    (A)(i) has not responded to the parking violation 
                summons; or
                    (ii) has not followed the appropriate adjudication 
                procedure to challenge the summons; and
                    (B) the period of time for payment of or challenge 
                to the summons has lapsed.
            (3) The term ``parking fines and penalties'' means parking 
        fines and penalties--
                    (A) owed to--
                          (i) the District of Columbia; or
                          (ii) New York, New York; and
                    (B) incurred during the period April 1, 1997 through 
                                   September 30, 2003.

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

[[Page 118 STAT. 187]]

for the West Bank and Gaza unless the President has exercised the 
authority under section 604(a) of the Middle East Peace Facilitation Act 
of 1995 (title VI of Public Law 104-107) or any other legislation to 
suspend or make inapplicable section 307 of the Foreign Assistance Act 
of 1961 and that suspension is still in effect: Provided, That if the 
President fails to make the certification under section 604(b)(2) of the 
Middle East Peace Facilitation Act of 1995 or to suspend the prohibition 
under other legislation, funds appropriated by this Act may not be 
obligated for assistance for the Palestine Liberation Organization for 
                         the West Bank and Gaza.

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

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

    Sec. 548. None of the funds appropriated by this Act may be 
obligated or expended to create in any part of Jerusalem a new office of 
any department or agency of the United States Government for the purpose 
of conducting official United States Government business with the 
Palestinian Authority over Gaza and Jericho or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles: Provided, That this restriction shall not apply to the 
acquisition of additional space for the existing Consulate General in 
Jerusalem: Provided further, That meetings between officers and 
employees of the United States and officials of the Palestinian 
Authority, or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles,

[[Page 118 STAT. 188]]

for the purpose of conducting official United States Government business 
with such authority should continue to take place in locations other 
than Jerusalem. As has been true in the past, officers and employees of 
the United States Government may continue to meet in Jerusalem on other 
subjects with Palestinians (including those who now occupy positions in 
the Palestinian Authority), have social contacts, and have incidental 
                              discussions.

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

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

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

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

[[Page 118 STAT. 189]]

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

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

    Sec. 554. The annual foreign military training report required by 
section 656 of the Foreign Assistance Act of 1961 shall be submitted by 
the Secretary of Defense and the Secretary of State to the Committees on 
Appropriations of the House of Representatives and the Senate by the 
                     date specified in that section.

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

[[Page 118 STAT. 190]]

including the transfer of clean and environmentally sustainable energy 
technologies; (2) measure, monitor, and reduce greenhouse gas emissions; 
(3) increase carbon sequestration activities; and (4) enhance climate 
change mitigation and adaptation programs.
    (b) Climate Change Report.--Not <<NOTE: Deadline.>> later than 45 
days after the date on which the President's fiscal year 2005 budget 
request is submitted to Congress, the President shall submit a report to 
the Committees on Appropriations describing in detail the following--
            (1) all Federal agency obligations and expenditures, 
        domestic and international, for climate change programs and 
        activities in fiscal year 2004, including an accounting of 
        expenditures by agency with each agency identifying climate 
        change activities and associated costs by line item as presented 
        in the President's Budget Appendix; and
            (2) all fiscal year 2003 obligations and estimated 
        expenditures, fiscal year 2004 estimated expenditures and 
        estimated obligations, and fiscal year 2005 requested funds by 
        the United States Agency for International Development, by 
        country and central program, for each of the following: (i) to 
        promote the transfer and deployment of a wide range of United 
        States clean energy and energy efficiency technologies; (ii) to 
        assist in the measurement, monitoring, reporting, verification, 
        and reduction of greenhouse gas emissions; (iii) to promote 
        carbon capture and sequestration measures; (iv) to help meet 
        such countries' responsibilities under the Framework Convention 
        on Climate Change; and (v) to develop assessments of the 
        vulnerability to impacts of climate change and mitigation and 
                         adaptation response strategies.

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

    Sec. 557. <<NOTE: 22 USC 2151 note. TIBET>> The Secretary of the 
Treasury shall instruct the United States executive director to each 
international financial institution to vote against any extension by the 
respective institution of any loans, to the Government of Zimbabwe, 
except to meet basic human needs or to promote democracy, unless the 
Secretary of State determines and certifies to the Committees on 
Appropriations that the rule of law has been restored in Zimbabwe, 
including respect for ownership and title to property, freedom of speech 
                            and association.

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

[[Page 118 STAT. 191]]

to non-Tibetans; are based on a thorough needs-assessment; foster self-
sufficiency of the Tibetan people and respect Tibetan culture and 
traditions; and are subject to effective monitoring.
    (b) Notwithstanding any other provision of law, not less than 
$4,000,000 of the funds appropriated by this Act under the heading 
``Economic Support Fund'' shall be made available to nongovernmental 
organizations to support activities which preserve cultural traditions 
and promote sustainable development and environmental conservation in 
Tibetan communities in the Tibetan Autonomous Region and in other 
                      Tibetan communities in China.

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

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

    Sec. 561. (a) The Secretary of the Treasury should instruct the 
United States executive directors of the international financial 
institutions to use the voice and vote of the United States to oppose 
loans to the Central Government of Cambodia, except loans to meet basic 
human needs.
    (b)(1) None of the funds appropriated by this Act may be made 
available for assistance for the Central Government of Cambodia.
    (2) Paragraph (1) shall not apply to assistance for basic education, 
reproductive and maternal and child health, cultural and historic 
preservation, programs for the prevention, treatment, and control of, 
and research on, HIV/AIDS, tuberculosis, malaria, polio and other 
infectious diseases, programs to combat human trafficking that are 
provided through nongovernmental organizations, and for

[[Page 118 STAT. 192]]

the Ministry of Women and Veterans Affairs to combat human trafficking.
    (c) Of the funds appropriated by this Act under the heading 
``Economic Support Fund'', up to $4,000,000 may be made available for 
activities to support democracy, including assistance for democratic 
political parties.
    (d) Funds appropriated by this Act to carry out provisions of 
section 541 of the Foreign Assistance Act of 1961 may be made available 
notwithstanding subsection (b) only if at least 15 days prior to the 
obligation of such funds, the Secretary of State provides to the 
Committees on Appropriations a list of those individuals who have been 
credibly alleged to have ordered or carried out extrajudicial and 
political killings that occurred during the March 1997 grenade attack 
against the Khmer Nation Party, the July 1997 coup d'etat, and election 
related violence that occurred during the 1998, 2002, and 2003 elections 
in Cambodia.
    (e) None of the funds appropriated or otherwise made available by 
this Act may be used to provide assistance to any tribunal established 
                     by the Government of Cambodia.

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

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

[[Page 118 STAT. 193]]

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

    Sec. 563. (a) Determination and Certification Required.--
Notwithstanding any other provision of law, funds appropriated by this 
Act that are available for assistance for the Colombian Armed Forces, 
may be made available as follows:
            (1) Up to 75 percent of such funds may be obligated prior to 
        a determination and certification by the Secretary of State 
        pursuant to paragraph (2).
            (2) Up to 12.5 percent of such funds may be obligated only 
        after the Secretary of State certifies and reports to the 
        appropriate congressional committees that:
                    (A) The Commander General of the Colombian Armed 
                Forces is suspending from the Armed Forces those 
                members, of whatever rank who, according to the Minister 
                of Defense or the Procuraduria General de la Nacion, 
                have been credibly alleged to have committed gross 
                violations of human rights, including extra-judicial 
                killings, or to have aided or abetted paramilitary 
                organizations.
                    (B) The Colombian Government is vigorously 
                investigating and prosecuting those members of the 
                Colombian Armed Forces, of whatever rank, who have been 
                credibly alleged to have committed gross violations of 
                human rights, including extra-judicial killings, or to 
                have aided or abetted paramilitary organizations, and is 
                promptly punishing those members of the Colombian Armed 
                Forces found to have committed such violations of human 
                rights or to have aided or abetted paramilitary 
                organizations.
                    (C) The Colombian Armed Forces have made substantial 
                progress in cooperating with civilian prosecutors and 
                judicial authorities in such cases (including providing 
                requested information, such as the identity of persons 
                suspended from the Armed Forces and the nature and cause 
                of the suspension, and access to witnesses, relevant 
                military documents, and other requested information).
                    (D) The Colombian Armed Forces have made substantial 
                progress in severing links (including denying access to 
                military intelligence, vehicles, and other equipment or 
                supplies, and ceasing other forms of active or tacit 
                cooperation) at the command, battalion, and brigade 
                levels, with paramilitary organizations, especially in 
                regions where these organizations have a significant 
                presence.
                    (E) The Colombian Armed Forces are dismantling 
                paramilitary leadership and financial networks by 
                arresting

[[Page 118 STAT. 194]]

                commanders and financial backers, especially in regions 
                where these networks have a significant presence.
            (3) The balance of such funds may be obligated after July 
        31, 2004, if the Secretary of State certifies and reports to the 
        appropriate congressional committees, after such date, that the 
        Colombian Armed Forces are continuing to meet the conditions 
        contained in paragraph (2) and are conducting vigorous 
        operations to restore government authority and respect for human 
        rights in areas under the effective control of paramilitary and 
        guerrilla organizations.

    (b) Congressional Notification.--Funds made available by this Act 
for the Colombian Armed Forces shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (c) Consultative Process.--Not <<NOTE: Deadlines.>> later than 60 
days after the date of enactment of this Act, and every 90 days 
thereafter until September 30, 2005, the Secretary of State shall 
consult with internationally recognized human rights organizations 
regarding progress in meeting the conditions contained in that 
subsection.

    (d) Definitions.--In this section:
            (1) Aided or abetted.--The term ``aided or abetted'' means 
        to provide any support to paramilitary groups, including taking 
        actions which allow, facilitate, or otherwise foster the 
        activities of such groups.
            (2) Paramilitary groups.--The term ``paramilitary groups'' 
        means illegal self-defense groups and illegal security 
                                  cooperatives.

    Sec. 564. (a) Denial of Visas to Supporters of Colombian Illegal 
Armed Groups.--Subject to subsection (b), the Secretary of State shall 
not issue a visa to any alien who the Secretary determines, based on 
credible evidence--
            (1) has willfully provided any support to the Revolutionary 
        Armed Forces of Colombia (FARC), the National Liberation Army 
        (ELN), or the United Self-Defense Forces of Colombia (AUC), 
        including taking actions or failing to take actions which allow, 
        facilitate, or otherwise foster the activities of such groups; 
        or
            (2) has committed, ordered, incited, assisted, or otherwise 
        participated in the commission of gross violations of human 
        rights, including extra-judicial killings, in Colombia.

    (b) Waiver.--Subsection (a) shall not apply if the Secretary of 
State determines and certifies to the appropriate congressional 
committees, on a case-by-case basis, that the issuance of a visa to the 
alien is necessary to support the peace process in Colombia or for 
                      urgent humanitarian reasons.

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

[[Page 118 STAT. 195]]

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

    Sec. 567. (a) Limitations on Amount of Contribution.--Of the amounts 
made available under ``International Organizations and Programs'' and 
``Child Survival and Health Programs Fund'' for fiscal year 2004, the 
amount cited in section 576 of Public Law 107-115 shall be made 
available for the United Nations Population Fund (hereafter in this 
section referred to as the ``UNFPA'').
    (b) Family Planning, Maternal and Reproductive Health Activities.--
Of the funds appropriated in Public Law 107-115 that were available for 
the UNFPA, including all funds that were transferred to ``Child Survival 
and Health Programs Fund'', $34,000,000 shall be made available for 
family planning, maternal and reproductive health activities in the 
Democratic Republic of the Congo, Ethiopia, Nigeria, Tanzania, Uganda, 
Haiti, Georgia, Azerbaijan, Russia, Albania, Romania, and Kazakhstan: 
Provided, That such programs and activities shall be deemed to have been 
justified to Congress.
    (c) Trafficking Initiative.--Of the funds appropriated in Public Law 
108-7 that were available for the UNFPA and that were transferred to 
``Child Survival and Health Programs Fund'', $25,000,000 shall be 
allocated for assistance for ``vulnerable children'' and made available 
for a new initiative for assistance for

[[Page 118 STAT. 196]]

young women, mothers and children who are victims of trafficking in 
persons: Provided, That such programs and activities shall be deemed to 
have been justified to Congress.
    (d) Prohibition on Use of Funds in China.--None of the funds made 
available under ``International Organizations and Programs'' may be made 
available for the UNFPA for a country program in the People's Republic 
of China.
    (e) Conditions on Availability of Funds.--Amounts made available 
under ``International Organizations and Programs'' and ``Child Survival 
and Health Programs Fund'' for fiscal year 2004 for the UNFPA may not be 
made available to UNFPA unless--
            (1) the UNFPA maintains amounts made available to the UNFPA 
        under this section in an account separate from other accounts of 
        the UNFPA;
            (2) the UNFPA does not commingle amounts made available to 
        the UNFPA under this section with other sums; and
                       (3) the UNFPA does not fund abortions.

    Sec. 568. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Uzbekistan only if the 
Secretary of State determines and reports to the Committees on 
Appropriations that the Government of Uzbekistan is making substantial 
and continuing progress in meeting its commitments under the 
``Declaration on the Strategic Partnership and Cooperation Framework 
Between the Republic of Uzbekistan and the United States of America'', 
including respect for human rights, establishing a genuine multi-party 
system, and ensuring free and fair elections, freedom of expression, and 
the independence of the media.
    (b) Funds appropriated by this Act may be made available for 
assistance for the Government of Kazakhstan only if the Secretary of 
State determines and reports to the Committees on Appropriations that 
the Government of Kazakhstan has made significant improvements in the 
protection of human rights during the preceding 6-month period.
    (c) The Secretary of State may waive the requirements under 
subsection (b) if he determines and reports to the Committees on 
Appropriations that such a waiver is in the national security interests 
of the United States.
    (d) <<NOTE: Deadline. Reports.>> Not later than October 1, 2004, the 
Secretary of State shall submit a report to the Committees on 
Appropriations and the Committee on Foreign Relations of the Senate and 
the Committee on International Relations of the House of Representatives 
describing the following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 6-month period ending 30 days prior to 
        submission of such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United States 
        by units of the armed forces, border guards, or other security 
        forces of such countries.

    (e) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

[[Page 118 STAT. 197]]

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

    Sec. 570. (a)(1) None of the funds appropriated or otherwise made 
available pursuant to this Act may be made available for assistance, and 
the Secretary of the Treasury shall instruct the United States executive 
directors to the international financial institutions to vote against 
any new project involving the extension by such institutions of any 
financial or technical assistance, to any country, entity, or 
municipality whose competent authorities have failed, as determined by 
the Secretary of State, to take necessary and significant steps to 
implement its international legal obligations to apprehend and transfer 
to the International Criminal Tribunal for the former Yugoslavia (the 
``Tribunal'') all persons in their territory who have been indicted by 
the Tribunal and to otherwise cooperate with the Tribunal.
    (2) The provisions of this subsection shall not apply to 
humanitarian assistance or assistance for democratization.
    (b) The provisions of subsection (a) shall apply unless the 
Secretary of State determines and reports to the appropriate 
congressional committees that the competent authorities of such country, 
entity, or municipality are--
            (1) cooperating with the Tribunal, including access for 
        investigators to archives and witnesses, the provision of 
        documents, and the surrender and transfer of indictees or 
        assistance in their apprehension; and
            (2) are acting consistently with the Dayton Accords.

    (c) Not less than 10 days before any vote in an international 
financial institution regarding the extension of any new project 
involving financial or technical assistance or grants to any country or 
entity described in subsection (a), the Secretary of the Treasury, in 
consultation with the Secretary of State, shall provide to the 
Committees on Appropriations a written justification for the proposed 
assistance, including an explanation of the United States position 
regarding any such vote, as well as a description of the location of the 
proposed assistance by municipality, its purpose, and its intended 
beneficiaries.
    (d) In carrying out this section, the Secretary of State, the 
Administrator of the United States Agency for International Development, 
and the Secretary of the Treasury shall consult with representatives of 
human rights organizations and all government agencies with relevant 
information to help prevent indicted war criminals from benefiting from 
any financial or technical assistance

[[Page 118 STAT. 198]]

or grants provided to any country or entity described in subsection (a).
    (e) The Secretary of State may waive the application of subsection 
(a) with respect to projects within a country, entity, or municipality 
upon a written determination to the Committees on Appropriations that 
such assistance directly supports the implementation of the Dayton 
Accords.
    (f) Definitions.--As used in this section--
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation of 
        Bosnia and Herzegovina, Kosovo, Montenegro and the Republika 
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, 
        town or other subdivision within a country or entity as defined 
        herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the 
        General Framework Agreement for Peace in Bosnia and Herzegovina, 
        together with annexes relating thereto, done at Dayton, November 
                              10 through 16, 1995.

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

    Sec. 572. (a) Funds appropriated by this Act may be made available 
for assistance for Serbia after March 31, 2004, if the President has 
made the determination and certification contained in subsection (c).
    (b) After March 31, 2004, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the Government 
of the Federal Republic of Yugoslavia (or a government of a successor 
state) subject to the conditions in subsection (c): Provided, That 
section 576 of the Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1997, as amended, shall not apply to the 
provision of loans and assistance to the Federal Republic of Yugoslavia 
(or a successor state) through international financial institutions.
    (c) The determination and certification referred to in subsection 
(a) is a determination by the President and a certification to the 
Committees on Appropriations that the Government of the Federal Republic 
of Yugoslavia (or a government of a successor state) is--
            (1) cooperating with the International Criminal Tribunal for 
        the former Yugoslavia including access for investigators, the 
        provision of documents, and the surrender and transfer of 
        indictees or assistance in their apprehension, including

[[Page 118 STAT. 199]]

        making all practicable efforts to apprehend and transfer Ratko 
        Mladic;
            (2) taking steps that are consistent with the Dayton Accords 
        to end Serbian financial, political, security and other support 
        which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law, including the 
        release of political prisoners from Serbian jails and prisons.

    (d) This section shall not apply to Montenegro, Kosovo, humanitarian 
    assistance or assistance to promote democracy in municipalities.

    Sec. 573. (a) Authority.--Funds <<NOTE: 22 USC 2151 note.>> made 
available by this Act to carry out the provisions of chapter 1 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961, may be 
used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority in Jamaica 
and El Salvador through training and technical assistance in human 
rights, the rule of law, strategic planning, and through assistance to 
foster civilian police roles that support democratic governance 
including assistance for programs to prevent conflict and foster 
improved police relations with the communities they serve.

    (b) Notification.--Assistance provided under subsection (a) shall be 
subject to the regular notification procedures of the Committees on 
                             Appropriations.

    Sec. 574. (a) Authority to Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay for 
        purchases of United States agricultural commodities guaranteed 
        by the Commodity Credit Corporation under export credit 
        guarantee programs authorized pursuant to section 5(f) of the 
        Commodity Credit Corporation Charter Act of June 29, 1948, as 
        amended, section 4(b) of the Food for Peace Act of 1966, as 
        amended (Public Law 89-808), or section 202 of the Agricultural 
        Trade Act of 1978, as amended (Public Law 95-501).

    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt burdens 
        that are eligible to borrow from the International Development 
        Association, but not from the International Bank for

[[Page 118 STAT. 200]]

        Reconstruction and Development, commonly referred to as ``IDA-
        only'' countries.

    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.

    (d) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to the funds appropriated by this Act under 
the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant 
to subsection (a) shall not be considered assistance for the purposes of 
any provision of law limiting assistance to a country. The authority 
provided by subsection (a) may be exercised notwithstanding section 
620(r) of the Foreign Assistance Act of 1961 or section 321 of the 
       International Development and Food Assistance Act of 1975.

    Sec. 575. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible purchaser, 
        reduce or cancel such loan or portion thereof, only for the 
        purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its own 
                qualified debt, only if the eligible country uses an 
                additional amount of the local currency of the eligible 
                country, equal to not less than 40 percent of the price 
                paid for such debt by such eligible country, or the 
                difference between the price paid for such debt and the 
                face value of such debt, to support activities that link 
                conservation and sustainable use of natural resources 
                with local community development, and child survival and 
                other child development, in a manner consistent with 
                sections 707 through 710 of the Foreign Assistance Act 
                of 1961, if the sale, reduction, or cancellation would 
                not contravene any term or condition of any prior 
                agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this

[[Page 118 STAT. 201]]

        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, and 
        shall direct such agency to carry out the sale, reduction, or 
        cancellation of a loan pursuant to this section. Such agency 
        shall make adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall be 
        available only to the extent that appropriations for the cost of 
        the modification, as defined in section 502 of the Congressional 
        Budget Act of 1974, are made in advance.

    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, of 
any loan made to an eligible country, the President should consult with 
the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection (a) 
may be used only with regard to funds appropriated by this Act under the 
                     heading ``Debt Restructuring''.

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

    Sec. 577. <<NOTE: 22 USC 2151a note. Philippine Education and Health 
Infrastructure>> The Secretary of the Treasury may, to fulfill 
commitments of the United States, contribute on behalf of the United 
States to the sixth replenishment of the resources of the International 
Fund for Agricultural Development. The following amount is authorized to 
be appropriated without fiscal year limitation for payment by the 
Secretary of the Treasury: $45,000,000 for the International Fund for 
Agricultural Development.

[[Page 118 STAT. 202]]

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

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

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

``SEC. 22. <<NOTE: 22 USC 284t.>> THIRTEENTH REPLENISHMENT.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the 
        Association may contribute on behalf of the United States an 
        amount equal to the amount appropriated under subsection (b), 
        pursuant to the resolution of the Association entitled 
        `Additions to IDA Resources: Thirteenth Replenishment'.
            ``(2) Subject to appropriations.--Any commitment to make the 
        contribution authorized by paragraph (1) shall be effective only 
        to such extent or in such amounts as are provided in advance in 
        appropriations Acts.

    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
           of the Treasury, without fiscal year limitation.''.

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

[[Page 118 STAT. 203]]

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

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

    ``(b) <<NOTE: Deadline. Reports.>> Not later than September 1, 2004, 
and 6 months thereafter, the Secretary of the Treasury shall submit a 
report to the appropriate congressional committees describing the 
actions taken by each multilateral development institution to implement 
the policy

[[Page 118 STAT. 204]]

goals described in subsection (a), and any further actions that need to 
be taken to fully implement such goals.
    ``(c) <<NOTE: Deadline.>> Publication of Written Statements 
Regarding Inspection Mechanism Cases.--No later than 60 calendar days 
after a meeting of the Board of Directors of a multilateral development 
institution, the Secretary of the Treasury should provide for 
publication on the website of the Department of the Treasury of any 
written statement presented at the meeting by the United States 
Executive Director at the institution concerning--
            ``(1) a project on which a claim has been made to the 
        inspection mechanism of the institution; or
            ``(2) a pending inspection mechanism case.

    ``(d) Congressional Briefings.--The Secretary of the Treasury or the 
designee of the Secretary should brief the appropriate congressional 
committees, when requested, on the steps that have been taken by the 
United States Executive Director at any multilateral development 
institution, and by any such institution, to implement the measures 
described in this section.
    ``(e) Publication of `No' Votes and Abstentions by the United 
States.--Each month, the Secretary of the Treasury should provide for 
posting on the website of the Department of the Treasury of a record of 
all `no' votes and abstentions made by the United States Executive 
Director at any multilateral development institution on any matter 
before the Board of Directors of the institution.
    ``(f) Multilateral Development Institution Defined.--In this 
section, the term `multilateral development institution' shall have the 
                 meaning given in section 1701(c)(3).''.

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

``SEC. 31. <<NOTE: 22 USC 285bb.>> ADDITIONAL CONTRIBUTION TO SPECIAL 
            FUNDS.

    ``(a) Contribution Authority.--
            ``(1) In general.--The United States Governor of the Bank 
        may contribute on behalf of the United States an amount equal to 
        the amount appropriated under subsection (b), pursuant to the 
        resolution of the Bank entitled `Seventh Replenishment of the 
        Asian Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make the 
        contribution authorized by paragraph (1) shall be effective only 
        to such extent or in such amounts as are provided in advance in 
        appropriations Acts.

    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
           of the Treasury, without fiscal year limitation.''.

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

``SEC. 217. <<NOTE: 22 USC 290g-16.>> NINTH REPLENISHMENT.

    ``(a) Contribution Authority.--

[[Page 118 STAT. 205]]

            ``(1) In general.--The United States Governor of the Fund 
        may contribute on behalf of the United States an amount equal to 
        the amount appropriated under subsection (b), pursuant to the 
        resolution of the Fund entitled `The Ninth General Replenishment 
        of Resources of the African Development Fund'.
            ``(2) Subject to appropriations.--Any commitment to make the 
        contribution authorized by paragraph (1) shall be effective only 
        to such extent or in such amounts as are provided in advance in 
        appropriations Acts.

    ``(b) Limitations on Authorization of Appropriations.--For the 
contribution authorized by subsection (a), there are authorized to be 
appropriated such sums as may be necessary for payment by the Secretary 
           of the Treasury, without fiscal year limitation.''.

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

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

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

    Sec. 587. <<NOTE: Deadlines.>> The Administrator of the United 
States Agency for International Development (``USAID'') shall seek to 
ensure that programs, projects, and activities administered by USAID in 
Afghanistan comply fully with USAID's ``Policy Paper: Disability'' 
issued on September 12, 1997: Provided, <<NOTE: Reports.>> That the 
Administrator shall submit a report to the Committees on Appropriations 
not

[[Page 118 STAT. 206]]

later than December 31, 2004, describing the manner in which the needs 
of people with disabilities were met in the development and 
implementation of USAID programs, projects, and activities in 
Afghanistan in fiscal <<NOTE: Standards. trade capacity building>> year 
2004: Provided further, That the Administrator, not later than 180 days 
after enactment of this Act and in consultation, as appropriate, with 
other appropriate departments and agencies, the Architectural and 
Transportation Barriers Compliance Board, and nongovernmental 
organizations with expertise in the needs of people with disabilities, 
shall develop and implement appropriate standards for access for people 
      with disabilities for construction projects funded by USAID.

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

    Sec. 589. (a) The Congress recognizes the important contribution 
that the democratically elected Government of Nigeria has played in 
fostering stability in West Africa, including reaching an agreement with 
the Government of Liberia to provide relief and promote reconciliation 
in that nation. The Congress also recognizes the important contributions 
of other African nations and supports continued assistance aimed at 
resolving the conflicts that have destabilized West Africa and the Great 
Lakes region.
    (b) The Congress reaffirms its support for the efforts of the 
International Criminal Tribunal for Rwanda (ICTR) and the Special Court 
for Sierra Leone (SCSL) to bring to justice individuals responsible for 
war crimes and crimes against humanity in a timely manner.
    (c) Funds appropriated by this Act, including funds for debt 
restructuring, may be made available for assistance to the central 
government of a country in which individuals indicted by ICTR and SCSL 
are credibly alleged to be living, if the Secretary of State determines 
and reports to the Committees on Appropriations that such government is 
cooperating with ICTR and SCSL, including the surrender and transfer of 
indictees in a timely manner: Provided, That this subsection shall not 
apply to assistance provided under section 551 of the Foreign Assistance 
Act of 1961 or to project assistance under title II of this Act: 
Provided further, That the United States shall use its voice and vote in 
the United Nations Security Council to fully support efforts by ICTR and 
SCSL to bring to justice individuals indicted by such tribunals in a 
timely manner.
    (d) The prohibition in subsection (c) may be waived on a country by 
country basis if the President determines that doing so is in the 
national security interest of the <<NOTE: President. Reports.>> United 
States: Provided, That prior to exercising such waiver authority, the 
President shall report to the Committees on Appropriations, in 
classified form if necessary, on: (1) the steps being taken to obtain 
the cooperation of the government in surrendering the indictee in 
question to SCSL or

[[Page 118 STAT. 207]]

ICTR; (2) a strategy for bringing the indictee before ICTR or SCSL; and 
(3) the justification for exercising the waiver authority.
    (e) Of the funds made available under the heading ``Economic Support 
Fund'' in Public Law 108-7, not less than $5,000,000 shall be made 
available during fiscal year 2004 for a contribution to the Special 
Court of <<NOTE: Deadline.>> Sierra Leone: Provided, That funds made 
available under the previous proviso shall be disbursed no later than 30 
days after enactment of this Act.

                     report on admission of refugees

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

    (c) The Secretary of State shall give special consideration to--
            (1) refugees of all nationalities who have close family ties 
        to citizens and residents of the United States; and
            (2) other groups of refugees who are of special concern to 
        the United States.

    (d) <<NOTE: Deadline.>> Not later than 120 days after the date of 
enactment of this Act, the Secretary of State shall submit a report to 
the Committees on Appropriations describing the steps that have been 
taken to implement this section.

              post differentials and danger pay allowances

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

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

[[Page 118 STAT. 208]]

General, shall submit a report to the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate and the Committee on 
International Relations and the Committee on Appropriations of the House 
of Representatives on the investigation of the murder of United States 
democracy worker John Alvis. Such report shall include--
            (1) a description of the steps taken by the Government of 
        Azerbaijan to further such investigation and bring to justice 
        those responsible for the murder of John Alvis;
            (2) a description of the actions of the Government of 
        Azerbaijan to cooperate with United States agencies involved in 
        such investigation; and
            (3) any recommendations of the Secretary for furthering 
                         progress of such investigation.

    Sec. 593. The International Organizations Immunities Act (22 U.S.C. 
288 et seq.) is amended by adding at the end the following new section:
    ``Sec. 16. <<NOTE: 22 USC 288f-6. code of conduct>> The provisions 
of this title may be extended to the Global Fund to Fight AIDS, 
Tuberculosis and Malaria in the same manner, to the same extent, and 
subject to the same conditions, as they may be extended to a public 
international organization in which the United States participates 
pursuant to any treaty or under the authority of any Act of Congress 
authorizing such participation or making an appropriation for such 
                            participation.''.

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

[[Page 118 STAT. 209]]

            (2) a description of which agencies and offices of the 
        United States Government are responsible for addressing each 
        aspect of such needs and threats; and
            (3) guidelines and recommendations for improving United 
        States and international systems for the protection of women and 
                    children during humanitarian emergencies.

    Sec. 595. The United States Leadership Against HIV/AIDS, 
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et 
seq.) is amended--
            (1) <<NOTE: 22 USC 7622.>> in section 202(d)(4)(A), by 
        adding at the end the following new clause:
                    ``(vi) for the purposes of clause (i), `funds 
                contributed to the Global Fund from all sources' means 
                funds contributed to the Global Fund at any time during 
                fiscal years 2004 through 2008 that are not contributed 
                to fulfill a commitment made for a fiscal year prior to 
                fiscal year 2004.'';
            (2) in section 202(d)(4)(B), by adding at the end the 
        following new clause:
                    ``(iv) Notwithstanding clause (i), after July 31 of 
                each of the fiscal years 2004 through 2008, any amount 
                made available under this subsection that is withheld by 
                reason of subparagraph (A)(i) is authorized to be made 
                available to carry out sections 104A, 104B, and 104C of 
                the Foreign Assistance Act of 1961 (as added by title 
                III of this Act).''; and
            (3) in <<NOTE: 22 USC 7631. TECHNICAL CORRECTION RELATING TO 
        THE ENHANCED HIPC INITIATIVE>> section 301(f), by inserting ``, 
        except that this subsection shall not apply to the Global Fund 
        to Fight AIDS, Tuberculosis and Malaria, the World Health 
        Organization, the International AIDS Vaccine Initiative or to 
               any United Nations agency'' after ``trafficking''.

    Sec. 596. Section 1625(a)(1)(B)(ii) of the International Financial 
Institutions Act (as added by section 501 of the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 
(Public Law 108-25)) is <<NOTE: 22 USC 262p-8. INDONESIA>> amended by 
       striking ``subparagraph (A)'' and inserting ``clause (i)''.

    Sec. 597. (a) <<NOTE: President. Certification.>> Funds appropriated 
by this Act under the heading ``Foreign Military Financing Program'' may 
be made available for assistance for Indonesia, and licenses may be 
issued for the export of lethal defense articles for the Indonesian 
Armed Forces, only if the President certifies to the appropriate 
congressional committees that--
            (1) the Indonesia Minister of Defense is suspending from the 
        Armed Forces those members, of whatever rank, who have been 
        credibly alleged to have committed gross violations of human 
        rights, or to have aided or abetted militia groups;
            (2) the Indonesian Government is prosecuting those members 
        of the Indonesian Armed Forces, of whatever rank, who

[[Page 118 STAT. 210]]

        have been credibly alleged to have committed gross violations of 
        human rights, or to have aided or abetted militia groups, and is 
        punishing those members of the Indonesian Armed Forces found to 
        have committed such violations of human rights or to have aided 
        or abetted militia groups;
            (3) the Indonesian Armed Forces are cooperating with 
        civilian prosecutors and judicial authorities in Indonesia and 
        with the joint United Nations-East Timor Serious Crimes Unit 
        (SCU) in such cases (including extraditing those indicted by the 
        SCU to East Timor and providing access to witnesses, relevant 
        military documents, and other requested information); and
            (4) the Minister of Defense is making publicly available 
        audits of receipts and expenditures of the Indonesian Armed 
        Forces.

    (b) Congress notes that the Indonesian Government and Armed Forces 
have pledged to cooperate with the Federal Bureau of Investigation with 
respect to its investigation into the August 31, 2002, murders of two 
American citizens and one Indonesian citizen in Timika, Indonesia. 
Therefore, funds appropriated under the heading ``INTERNATIONAL MILITARY 
EDUCATION AND TRAINING'' may be made available for Indonesia if the 
Secretary of State determines and reports to the appropriate 
congressional committees that the Indonesian Government and Armed Forces 
are cooperating with the Federal Bureau of Investigation's 
investigation: Provided, That this restriction shall not apply to 
expanded international military education and training, which may 
                   include English language training.

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

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

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

[[Page 118 STAT. 211]]

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

    (b) The report required by section 3204(e) of the Emergency 
Supplemental Act, 2000 (Public Law 106-246) <<NOTE: 114 Stat. 576.>> is 
amended by striking ``Congress'' and inserting ``the appropriate 
congressional committees''.

    (c) Subsection (a) of section 803 of the Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2001, Appendix A of 
Public Law 106-429 (as enacted by section 101(a) of such Public 
     Law) <<NOTE: 22 USC 262r-6. CPA DETAILEES>> is hereby repealed.

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

        TITLE VI--MILLENNIUM <<NOTE: Millennium Challenge Act of 
2003.>> CHALLENGE ACT OF 2003

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

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

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

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

SEC. 603. <<NOTE: 22 USC 7702.>> DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on International Relations and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Corporation established pursuant to section 604(c).
            (3) Candidate country.--The term ``candidate country'' means 
        a country that meets the requirements of section 606.

[[Page 118 STAT. 212]]

            (4) Chief executive officer.--The term ``Chief Executive 
        Officer'' means the chief executive officer of the Corporation 
        appointed pursuant to section 604(b).
            (5) Compact.--The term ``Compact'' means a Millennium 
        Challenge Compact described in section 609.
            (6) Corporation.--The term ``Corporation'' means the 
        Millennium Challenge Corporation established by section 604(a).
            (7) Eligible country.--The term ``eligible country'' means a 
        candidate country that is determined, under section 607, to be 
        an eligible country to receive assistance under section 605.

SEC. 604. <<NOTE: 22 USC 7703.>> ESTABLISHMENT AND MANAGEMENT OF THE 
            MILLENNIUM CHALLENGE CORPORATION.

    (a) Establishment.--There is established in the executive branch a 
corporation to be known as the ``Millennium Challenge Corporation'' that 
shall be responsible for carrying out this title. The Corporation shall 
be a government corporation, as defined in section 103 of title 5, 
United States Code.
    (b) Chief Executive Officer.--
            (1) In general.--There shall be in the Corporation a Chief 
        Executive Officer who shall be responsible for the management of 
        the Corporation.
            (2) Appointment.--
                    (A) In general.--Except <<NOTE: President.>> as 
                provided in subparagraph (B), the Chief Executive 
                Officer shall be appointed by the President, by and with 
                the advice and consent of the Senate.
                    (B) Interim ceo.--The members of the Board of 
                Directors described in subsection (c)(3)(A) may 
                designate by unanimous consent in writing an individual 
                who is an officer within any Federal department or 
                agency (and who has been appointed to such position by 
                the President, by and with the advice and consent of the 
                Senate) to carry out the duties described in this 
                subsection until the Chief Executive Officer is 
                appointed pursuant to subparagraph (A).
            (3) Relationship to board.--The Chief Executive Officer 
        shall report to and be under the direct authority of the Board.
            (4) Compensation and rank.--
                    (A) In general.--The Chief Executive Officer shall 
                be compensated at the rate provided for level II of the 
                Executive Schedule under section 5313 of title 5, United 
                States Code, and shall have the equivalent rank of 
                Deputy Secretary.
                    (B) Amendment.--Section 5313 of title 5, United 
                States Code, is amended by adding at the end the 
                following:
            ``Chief Executive Officer, Millennium Challenge 
        Corporation.''.
            (5) Authorities and duties.--The Chief Executive Officer 
        shall be responsible for the management of the Corporation and 
        shall exercise the powers and discharge the duties of the 
        Corporation.
            (6) Authority to appoint officers.--In consultation and with 
        approval of the Board, the Chief Executive Officer shall appoint 
        all officers of the Corporation.

[[Page 118 STAT. 213]]

    (c) Board of Directors.--
            (1) Establishment.--There shall be in the Corporation a 
        Board of Directors.
            (2) Duties.--The Board shall perform the functions specified 
        to be carried out by the Board in this title and may prescribe, 
        amend, and repeal bylaws, rules, regulations, and procedures 
        governing the manner in which the business of the Corporation 
        may be conducted and in which the powers granted to it by law 
        may be exercised.
            (3) Membership.--The Board shall consist of--
                    (A) the Secretary of State, the Secretary of the 
                Treasury, the Administrator of the United States Agency 
                for International Development, the Chief Executive 
                Officer of the Corporation, and the United States Trade 
                Representative; and
                    (B) four other individuals with relevant 
                international experience who shall be appointed by the 
                President, by and with the advice and consent of the 
                Senate, of which--
                          (i) one individual should be appointed from 
                      among a list of individuals submitted by the 
                      majority leader of the House of Representatives;
                          (ii) one individual should be appointed from 
                      among a list of individuals submitted by the 
                      minority leader of the House of Representatives;
                          (iii) one individual should be appointed from 
                      among a list of individuals submitted by the 
                      majority leader of the Senate; and
                          (iv) one individual should be appointed from 
                      among a list of individuals submitted by the 
                      minority leader of the Senate.
            (4) Terms.--
                    (A) Officers of the federal government.--Each member 
                of the Board described in paragraph (3)(A) shall serve 
                for a term that is concurrent with the term of service 
                of the individual's position as an officer within the 
                other Federal department or agency.
                    (B) Other members.--Each member of the Board 
                described in paragraph (3)(B) shall be appointed for a 
                term of 3 years and may be reappointed for a term of an 
                additional 2 years.
                    (C) Vacancies.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made.
            (5) Chairperson.--There shall be a Chairperson of the Board. 
        The Secretary of State shall serve as the Chairperson.
            (6) Quorum.--A majority of the members of the Board shall 
        constitute a quorum, which, except with respect to a meeting of 
        the Board during the 135-day period beginning on the date of the 
        enactment of this Act, shall include at least one member of the 
        Board described in paragraph (3)(B).
            (7) Meetings.--The Board shall meet at the call of the 
        Chairperson.
            (8) Compensation.--
                    (A) Officers of the federal government.--
                          (i) In general.--A member of the Board 
                      described in paragraph (3)(A) may not receive 
                      additional pay, allowances, or benefits by reason 
                      of the member's service on the Board.

[[Page 118 STAT. 214]]

                          (ii) Travel expenses.--Each such member of the 
                      Board shall receive travel expenses, including per 
                      diem in lieu of subsistence, in accordance with 
                      applicable provisions under subchapter I of 
                      chapter 57 of title 5, United States Code.
                    (B) Other members.--
                          (i) In general.--Except as provided in clause 
                      (ii), a member of the Board described in paragraph 
                      (3)(B)--
                                    (I) shall be paid compensation out 
                                of funds made available for the purposes 
                                of this title at the daily equivalent of 
                                the highest rate payable under section 
                                5332 of title 5, United States Code, for 
                                each day (including travel time) during 
                                which the member is engaged in the 
                                actual performance of duties as a member 
                                of the Board; and
                                    (II) while away from the member's 
                                home or regular place of business on 
                                necessary travel in the actual 
                                performance of duties as a member of the 
                                Board, shall be paid per diem, travel, 
                                and transportation expenses in the same 
                                manner as is provided under subchapter I 
                                of chapter 57 of title 5, United States 
                                Code.
                          (ii) Limitation.--A member of the Board may 
                      not be paid compensation under clause (i)(II) for 
                      more than 90 days in any calendar year.

SEC. 605. <<NOTE: 22 USC 7704.>> AUTHORIZATION OF ASSISTANCE.

    (a) Assistance.--Notwithstanding any other provision of law (other 
than a provision of this title), the Board, acting through the Chief 
Executive Officer, is authorized to provide assistance under this 
section for each country that enters into a Millennium Challenge Compact 
with the United States pursuant to section 609 to support policies and 
programs that advance the progress of the country in achieving lasting 
economic growth and poverty reduction and are in furtherance of the 
purposes of this title.
    (b) Form of Assistance.--Assistance under this section may be 
provided in the form of grants, cooperative agreements, or contracts to 
or with eligible entities described in subsection (c). Assistance under 
this section may not be provided in the form of loans.
    (c) Eligible Entities.--An eligible entity referred to in subsection 
(b) is--
            (1) the national government of the eligible country;
            (2) regional or local governmental units of the country; or
            (3) a nongovernmental organization or a private entity.

    (d) Application.--The Chief Executive Officer, in consultation with 
the Board and working with eligible countries selected by the Board for 
negotiation of Compacts, should develop and recommend procedures for 
considering solicited and unsolicited proposals in Compacts prior to an 
approval of the Compacts by the Board.
    (e) Limitations.--
            (1) Prohibition on military assistance and training.--
        Assistance under this section may not include military 
        assistance or military training for a country.
            (2) Prohibition on assistance relating to united states job 
        loss or production displacement.--Assistance under

[[Page 118 STAT. 215]]

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

    (f) Coordination.--The provision of assistance under this section 
shall be coordinated with other United States foreign assistance 
programs.

SEC. 606. <<NOTE: 22 USC 7705.>> CANDIDATE COUNTRIES.

    (a) Low Income Countries.--
            (1) Fiscal year 2004.--A country shall be a candidate 
        country for purposes of eligibility for assistance for fiscal 
        year 2004 if--
                    (A) the country is eligible for assistance from the 
                International Development Association, and the per 
                capita income of the country is equal to or less than 
                the historical ceiling of the International Development 
                Association for that year, as defined by the 
                International Bank for Reconstruction and Development; 
                and
                    (B) subject to paragraph (3), the country is not 
                ineligible to receive United States economic assistance 
                under part I of the Foreign Assistance Act of 1961 by 
                reason of the application of any provision of the 
                Foreign Assistance Act of 1961 or any other provision of 
                law.
            (2) Fiscal year 2005 and subsequent fiscal years.--A country 
        shall be a candidate country for purposes of eligibility for 
        assistance for fiscal year 2005 or a subsequent fiscal year if--
                    (A) the per capita income of the country is equal to 
                or less than the historical ceiling of the International 
                Development Association for the fiscal year involved, as 
                defined by the International Bank for Reconstruction and 
                Development; and
                    (B) the country meets the requirements of paragraph 
                (1)(B).
            (3) Rule of construction.--For the purposes of determining 
        whether a country is eligible for receiving assistance under 
        section 605 pursuant to paragraph (1)(B), the exercise by the 
        President, the Secretary of State, or any other officer or 
        employee of the United States of any waiver or suspension of any 
        provision of law referred to in such paragraph, and

[[Page 118 STAT. 216]]

        notification to the appropriate congressional committees in 
        accordance with such provision of law, shall be construed as 
        satisfying the requirement of such paragraph.

    (b) Lower Middle Income Countries.--
            (1) In general.--In addition to countries described in 
        subsection (a), a country shall be a candidate country for 
        purposes of eligibility for assistance for fiscal year 2006 or a 
        subsequent fiscal year if the country--
                    (A) is classified as a lower middle income country 
                in the then most recent edition of the World Development 
                Report for Reconstruction and Development published by 
                the International Bank for Reconstruction and 
                Development and has an income greater than the 
                historical ceiling for International Development 
                Association eligibility for the fiscal year involved; 
                and
                    (B) meets the requirements of subsection (a)(1)(B).
            (2) Limitation.--The total amount of assistance provided to 
        countries described in paragraph (1) for fiscal year 2006 or any 
        subsequent fiscal year may not exceed 25 percent of the total 
        amount of assistance provided to all countries under section 605 
        for fiscal year 2006 or the subsequent fiscal year, as the case 
        may be.

    (c) Identification by the Board.--The Board shall identify whether a 
country is a candidate country for purposes of this section.

SEC. 607. <<NOTE: 22 USC 7706.>> ELIGIBLE COUNTRIES.

    (a) Determination by the Board.--The Board shall determine whether a 
candidate country is an eligible country for purposes of this section. 
Such determination shall be based, to the maximum extent possible, upon 
objective and quantifiable indicators of a country's demonstrated 
commitment to the criteria in subsection (b), and shall, where 
appropriate, take into account and assess the role of women and girls.
    (b) Criteria.--A candidate country should be considered to be an 
eligible country for purposes of this section if the Board determines 
that the country has demonstrated a commitment to--
            (1) just and democratic governance, including a demonstrated 
        commitment to--
                    (A) promote political pluralism, equality, and the 
                rule of law;
                    (B) respect human and civil rights, including the 
                rights of people with disabilities;
                    (C) protect private property rights;
                    (D) encourage transparency and accountability of 
                government; and
                    (E) combat corruption;
            (2) economic freedom, including a demonstrated commitment to 
        economic policies that--
                    (A) encourage citizens and firms to participate in 
                global trade and international capital markets;
                    (B) promote private sector growth and the 
                sustainable management of natural resources;
                    (C) strengthen market forces in the economy; and
                    (D) respect worker rights, including the right to 
                form labor unions; and

[[Page 118 STAT. 217]]

            (3) investments in the people of such country, particularly 
        women and children, including programs that--
                    (A) promote broad-based primary education; and
                    (B) strengthen and build capacity to provide quality 
                public health and reduce child mortality.

    (c) Selection by the Board.--
            (1) In general.--At the time the Board determines eligible 
        countries under this section for a fiscal year, the Board shall 
        select those eligible countries with respect to which the United 
        States will initially seek to enter into a Millennium Challenge 
        Compact pursuant to section 609.
            (2) Factors.--In selecting eligible countries under 
        paragraph (1), the Board shall consider the following factors:
                    (A) The extent to which the country clearly meets or 
                exceeds the eligibility criteria.
                    (B) The opportunity to reduce poverty and generate 
                economic growth in the country.
                    (C) The availability of amounts to carry out this 
                title.

    (d) Establishment of Criteria and Methodology.--The criteria and 
methodology submitted by the Board to Congress and published in the 
Federal Register under section 608(b)(2) with respect to a fiscal year 
shall remain fixed for purposes of eligibility determinations for such 
year.
    (e) Annual Modification of Criteria and Methodology.--As 
appropriate, the Board, acting through the Chief Executive Officer, 
shall review the eligibility criteria and methodology and modify such 
criteria and methodology in subsequent years consistent with section 
608(b).

SEC. 608. <<NOTE: 22 USC 7707.>> CONGRESSIONAL AND PUBLIC NOTIFICATION 
            OF CANDIDATE COUNTRIES, ELIGIBILITY CRITERIA, AND ELIGIBLE 
            COUNTRIES.

    (a) <<NOTE: Deadline.>> Identification of Candidate Countries.--Not 
later than 90 days prior to the date on which the Board determines 
eligible countries under section 607 for a fiscal year, the Chief 
Executive Officer--
            (1) <<NOTE: Reports.>> shall prepare and submit to the 
        appropriate congressional committees a report that contains a 
        list of all candidate countries identified under section 606, 
        and all countries that would be candidate countries if the 
        countries met the requirement contained in section 606(a)(1)(B), 
        for the fiscal year; and
            (2) <<NOTE: Federal Register, publication.>> shall publish 
        in the Federal Register the information contained in the report 
        described in paragraph (1).

    (b) <<NOTE: Deadline.>> Identification of Eligibility Criteria and 
Methodology.--Not later than 60 days prior to the date on which the 
Board determines eligible countries under section 607 for a fiscal year, 
the Chief Executive Officer--
            (1) <<NOTE: Reports.>> shall prepare and submit to the 
        appropriate congressional committees a report that contains a 
        list of the criteria and methodology described in subsections 
        (a) and (b) of section 607 that will be used to determine 
        eligibility for each candidate country identified under 
        subsection (a);
            (2) <<NOTE: Federal Register, publication.>> shall publish 
        in the Federal Register the information contained in the report 
        described in paragraph (1); and
            (3) may conduct one or more public hearings on the 
        eligibility criteria and methodology.

    (c) Public Comment and Congressional Consultation.--

[[Page 118 STAT. 218]]

            (1) Public comment.--The Chief Executive Officer shall, for 
        the 30-day period beginning on the date of publication in the 
        Federal Register of the information contained in the report 
        described in subsection (b)(1), accept public comment and 
        consider such comment for purposes of determining eligible 
        countries under section 607.
            (2) Congressional consultation.--The Chief Executive Officer 
        shall consult with the appropriate congressional committees on 
        the extent to which the candidate countries meet the criteria 
        described in section 607(b).

    (d) <<NOTE: Deadline.>> Identification of Eligible Countries.--Not 
later than 5 days after the date on which the Board determines eligible 
countries under section 607 for a fiscal year, the Chief Executive 
Officer--
            (1) <<NOTE: Reports.>> shall prepare and submit to the 
        appropriate congressional committees a report that contains a 
        list of all such eligible countries, an identification of those 
        countries on such list with respect to which the Board will seek 
        to enter into a Compact under section 609, and a justification 
        for such eligibility determination and selection for Compact 
        negotiation; and
            (2) <<NOTE: Federal Register, publication.>> shall publish 
        in the Federal Register the information contained in the report 
        described in paragraph (1).

SEC. 609. <<NOTE: 22 USC 7708.>> MILLENNIUM CHALLENGE COMPACT.

    (a) Compact.--The Board, acting through the Chief Executive Officer 
of the Corporation, may provide assistance for an eligible country only 
if the country enters into an agreement with the United States, to be 
known as a ``Millennium Challenge Compact'', that establishes a multi-
year plan for achieving shared development objectives in furtherance of 
the purposes of this title.
    (b) Elements.--
            (1) In general.--The Compact should take into account the 
        national development strategy of the eligible country and shall 
        contain--
                    (A) the specific objectives that the country and the 
                United States expect to achieve during the term of the 
                Compact;
                    (B) the responsibilities of the country and the 
                United States in the achievement of such objectives;
                    (C) regular benchmarks to measure, where 
                appropriate, progress toward achieving such objectives;
                    (D) an identification of the intended beneficiaries, 
                disaggregated by income level, gender, and age, to the 
                maximum extent practicable;
                    (E) a multi-year financial plan, including the 
                estimated amount of contributions by the Corporation and 
                the country and proposed mechanisms to implement the 
                plan and provide oversight, that describes how the 
                requirements of subparagraphs (A) through (D) will be 
                met, including identifying the role of civil society in 
                the achievement of such requirements;
                    (F) where appropriate, a description of the current 
                and potential participation of other donors in the 
                achievement of such objectives;
                    (G) a plan to ensure appropriate fiscal 
                accountability for the use of assistance provided under 
                section 605;

[[Page 118 STAT. 219]]

                    (H) where appropriate, a process or processes for 
                consideration of solicited proposals under the Compact 
                as well as a process for consideration of unsolicited 
                proposals by the Corporation and national, regional, or 
                local units of government;
                    (I) a requirement that open, fair, and competitive 
                procedures are used in a transparent manner in the 
                administration of grants or cooperative agreements or 
                the procurement of goods and services for the 
                accomplishment of objectives under the Compact;
                    (J) the strategy of the eligible country to sustain 
                progress made toward achieving such objectives after 
                expiration of the Compact; and
                    (K) a description of the role of the United States 
                Agency for International Development in any design, 
                implementation, and monitoring of programs and 
                activities funded under the Compact.
            (2) Lower middle income countries.--In addition to the 
        elements described in subparagraphs (A) through (K) of paragraph 
        (1), with respect to a lower middle income country described in 
        section 606(b), the Compact shall identify a contribution, as 
        appropriate, from the country relative to its national budget, 
        taking into account the prevailing economic conditions, toward 
        meeting the objectives of the Compact. Any such contribution 
        should be in addition to government spending allocated for such 
        purposes in the country's budget for the year immediately 
        preceding the establishment of the Compact and should continue 
        for the duration of the Compact.
            (3) Definition.--In this subsection, the term ``national 
        development strategy'' means any strategy to achieve market-
        driven economic growth and eliminate extreme poverty that has 
        been developed by the government of the country in consultation 
        with a wide variety of civic participation, including 
        nongovernmental organizations, private and voluntary 
        organizations, academia, women's and student organizations, 
        local trade and labor unions, and the business community.

    (c) Additional Provision Relating to Prohibition on Taxation.--In 
addition to the elements described in subsection (c), each Compact shall 
contain a provision that states that assistance provided by the United 
States under the Compact shall be exempt from taxation by the government 
of the eligible country.
    (d) Local Input.--In entering into a Compact, the United States 
shall seek to ensure that the government of an eligible country--
            (1) takes into account the local-level perspectives of the 
        rural and urban poor, including women, in the eligible country; 
        and
            (2) consults with private and voluntary organizations, the 
        business community, and other donors in the eligible country.

    (e) Consultation.--During any discussions with a country for the 
purpose of entering into a Compact with the country, officials of the 
Corporation participating in such discussions shall, at a minimum, 
consult with appropriate officials of the United States Agency for 
International Development, particularly with those officials responsible 
for the appropriate region or country on development issues related to 
the Compact.

[[Page 118 STAT. 220]]

    (f) Coordination With Other Donors.--To the maximum extent feasible, 
activities undertaken to achieve the objectives of the Compact shall be 
undertaken in coordination with the assistance activities of other 
donors.
    (g) Assistance for Development of Compact.--Notwithstanding 
subsection (a), the Chief Executive Officer may enter into contracts or 
make grants for any eligible country for the purpose of facilitating the 
development and implementation of the Compact between the United States 
and the country.
    (h) Requirement for Approval by the Board.--Each Compact shall be 
approved by the Board before the United States enters into the Compact.
    (i) <<NOTE: Deadline.>> Increase or Extension of Assistance Under a 
Compact.--Not later than 15 days after making a determination to 
increase or extend assistance under a Compact with an eligible country, 
the Board, acting through the Chief Executive Officer--
            (1) <<NOTE: Reports.>> shall prepare and transmit to the 
        appropriate congressional committees a written report and 
        justification that contains a detailed summary of the proposed 
        increase in or extension of assistance under the Compact and a 
        copy of the full text of the amendment to the Compact; and
            (2) <<NOTE: Federal Register, publication.>> shall publish a 
        detailed summary, full text, and justification of the proposed 
        increase in or extension of assistance under the Compact in the 
        Federal Register and on the Internet website of the Corporation.

    (j) Duration of Compact.--The duration of a Compact shall not exceed 
5 years.
    (k) Subsequent Compacts.--An eligible country and the United States 
may enter into and have in effect only one Compact at any given time 
under this section. An eligible country and the United States may enter 
into one or more subsequent Compacts in accordance with the requirements 
of this title after the expiration of the existing Compact.

SEC. 610. <<NOTE: Deadlines. 22 USC 7709.>> CONGRESSIONAL AND PUBLIC 
            NOTIFICATION OF COMPACT.

    (a) Congressional Consultation Prior to Compact Negotiations.--Not 
later than 15 days prior to the start of negotiations of a Compact with 
an eligible country, the Board, acting through the Chief Executive 
Officer--
            (1) shall consult with the appropriate congressional 
        committees with respect to the proposed Compact negotiation; and
            (2) shall identify the objectives and mechanisms to be used 
        for the negotiation of the Compact.

    (b) Congressional and Public Notification After Entering Into a 
Compact.--Not later than 10 days after entering into a Compact with an 
eligible country, the Board, acting through the Chief Executive 
Officer--
            (1) <<NOTE: Notification.>> shall provide notification of 
        the Compact to the appropriate congressional committees, 
        including a detailed summary of the Compact and a copy of the 
        text of the Compact; and
            (2) <<NOTE: Federal Register, publication.>> shall publish 
        such detailed summary and the text of the Compact in the Federal 
        Register and on the Internet website of the Corporation.

SEC. 611. <<NOTE: 22 USC 7710.>> SUSPENSION AND TERMINATION OF 
            ASSISTANCE.

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

[[Page 118 STAT. 221]]

or terminate assistance in whole or in part for a country or entity 
under section 605 if the Chief Executive Officer determines that--
            (1) the country or entity is engaged in activities which are 
        contrary to the national security interests of the United 
        States;
            (2) the country or entity has engaged in a pattern of 
        actions inconsistent with the criteria used to determine the 
        eligibility of the country or entity, as the case may be; or
            (3) the country or entity has failed to adhere to its 
        responsibilities under the Compact.

    (b) Reinstatement.--The Chief Executive Officer may reinstate 
assistance for a country or entity under section 605 only if the Chief 
Executive Officer determines that the country or entity has demonstrated 
a commitment to correcting each condition for which assistance was 
suspended or terminated under subsection (a).
    (c) Congressional Notification.--
Not <<NOTE: Deadline. Reports.>> later than 3 days after the date on 
which the Chief Executive Officer suspends or terminates assistance 
under subsection (a) for a country or entity, or reinstates assistance 
under subsection (b) for a country or entity, the Chief Executive 
Officer shall submit to the appropriate congressional committees a 
report that contains the determination of the Chief Executive Officer 
under subsection (a) or subsection (b), as the case may be.

    (d) Rule of Construction.--The authority to suspend or terminate 
assistance under this section includes the authority to suspend or 
terminate obligations and sub-obligations.

SEC. 612. <<NOTE: 22 USC 7711.>> DISCLOSURE.

    (a) Requirement for Disclosure.--The <<NOTE: Public 
information.>> Corporation shall make available to the public on at 
least a quarterly basis, the following information:
            (1) For assistance provided under section 605--
                    (A) the name of each entity to which assistance is 
                provided;
                    (B) the amount of assistance provided to the entity; 
                and
                    (C) a description of the program or project, 
                including--
                          (i) a description of whether the program or 
                      project was solicited or unsolicited; and
                          (ii) a detailed description of the objectives 
                      and measures for results of the program or 
                      project.
            (2) For funds allocated or transferred under section 
        619(b)--
                    (A) the name of each United States Government agency 
                to which such funds are transferred or allocated;
                    (B) the amount of funds transferred or allocated to 
                such agency; and
                    (C) a description of the program or project to be 
                carried out by such agency with such funds.

    (b) Dissemination.--The <<NOTE: Federal Register, 
publication.>> information required to be disclosed under subsection (a) 
shall be made available to the public by means of publication in the 
Federal Register and on the Internet website of the Corporation, as well 
as by any other methods that the Board determines appropriate.

SEC. 613. <<NOTE: 22 USC 7712.>> ANNUAL REPORT.

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

[[Page 118 STAT. 222]]

on the assistance provided under section 605 during the prior fiscal 
year.
    (b) Contents.--The report shall include the following:
            (1) The amount of obligations and expenditures for 
        assistance provided to each eligible country during the prior 
        fiscal year.
            (2) For each eligible country, an assessment of--
                    (A) the progress made during each year by the 
                country toward achieving the objectives set out in the 
                Compact entered into by the country; and
                    (B) the extent to which assistance provided under 
                section 605 has been effective in helping the country to 
                achieve such objectives.
            (3) A description of the coordination of assistance provided 
        under section 605 with other United States foreign assistance 
        and related trade policies.
            (4) A description of the coordination of assistance provided 
        under section 605 with assistance provided by other donor 
        countries.
            (5) Any other information the President considers relevant 
        with respect to assistance provided under section 605.

SEC. 614. <<NOTE: 22 USC 7713.>> POWERS OF THE CORPORATION; RELATED 
            PROVISIONS.

    (a) Powers.--The Corporation--
            (1) shall have perpetual succession unless dissolved by a 
        law enacted after the date of the enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
            (3) may make and perform such contracts, grants, and other 
        agreements with any person or government however designated and 
        wherever situated, as may be necessary for carrying out the 
        functions of the Corporation;
            (4) may determine and prescribe the manner in which its 
        obligations shall be incurred and its expenses allowed and paid, 
        including expenses for representation;
            (5) may lease, purchase, or otherwise acquire, improve, and 
        use such real property wherever situated, as may be necessary 
        for carrying out the functions of the Corporation;
            (6) may accept cash gifts or donations of services or of 
        property (real, personal, or mixed), tangible or intangible, for 
        the purpose of carrying out the provisions of this title;
            (7) may use the United States mails in the same manner and 
        on the same conditions as the executive departments;
            (8) may contract with individuals for personal services, who 
        shall not be considered Federal employees for any provision of 
        law administered by the Office of Personnel Management;
            (9) may hire or obtain passenger motor vehicles; and
            (10) shall have such other powers as may be necessary and 
        incident to carrying out this title.

    (b) Principal Office.--The Corporation shall maintain its principal 
office in the metropolitan area of Washington, District of Columbia.
    (c) Positions With Foreign Governments.--When approved by the Chief 
Executive Officer, for purposes of implementing a Compact, employees of 
the Corporation (including individuals detailed to the Corporation) may 
accept and hold offices or positions

[[Page 118 STAT. 223]]

to which no compensation is attached with governments or governmental 
agencies of foreign countries or with international organizations.
    (d) Other Authorities.--Except <<NOTE: Applicability.>> to the 
extent inconsistent with the provisions of this title, the 
administrative authorities contained in the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2651a et seq.) and the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the 
implementation of this title to the same extent and in the same manner 
as such authorities apply to the implementation of those Acts.

    (e) Applicability of Government Corporation Control Act.--
            (1) In general.--The Corporation shall be subject to chapter 
        91 of subtitle VI of title 31, United States Code, except that 
        the Corporation shall not be authorized to issue obligations or 
        offer obligations to the public.
            (2) Conforming amendment.--Section 9101(3) of title 31, 
        United States Code, is amended by adding at the end the 
        following:
                    ``(Q) the Millennium Challenge Corporation.''.

    (f) Inspector General.--
            (1) In general.--The Inspector General of the United States 
        Agency for International Development shall serve as Inspector 
        General of the Corporation, and, in acting in such capacity, may 
        conduct reviews, investigations, and inspections of all aspects 
        of the operations and activities of the Corporation.
            (2) Authority of the board.--In carrying out the 
        responsibilities under this subsection, the Inspector General 
        shall report to and be under the general supervision of the 
        Board.
            (3) Reimbursement and authorization of services.--
                    (A) Reimbursement.--The Corporation shall reimburse 
                the United States Agency for International Development 
                for all expenses incurred by the Inspector General in 
                connection with the Inspector General's responsibilities 
                under this subsection.
                    (B) Authorization for services.--Of the amount 
                authorized to be appropriated under section 619(a) for a 
                fiscal year, up to $5,000,000 is authorized to be made 
                available to the Inspector General of the United States 
                Agency for International Development to conduct reviews, 
                investigations, and inspections of operations and 
                activities of the Corporation.

    (g) Special Assistance.--
            (1) In general.--The Chief Executive Officer is authorized 
        to contract with any nongovernmental organization (including a 
        university, independent foundation, or other organization) in 
        the United States or in a candidate country, and, where 
        appropriate, directly with a governmental agency of any such 
        country, that is undertaking research aimed at improving data 
        related to eligibility criteria under this title with respect to 
        the country.
            (2) Funding.--Of the amount authorized to be appropriated 
        under section 619(a) for a fiscal year, up to $5,000,000 is 
        authorized to be made available to carry out paragraph (1).

[[Page 118 STAT. 224]]

SEC. 615. <<NOTE: 22 USC 7714.>> COORDINATION WITH UNITED STATES AGENCY 
            FOR INTERNATIONAL DEVELOPMENT.

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

SEC. 616. <<NOTE: 22 USC 7715.>> ASSISTANCE TO CERTAIN CANDIDATE 
            COUNTRIES.

    (a) Authorization.--The Board, acting through the Chief Executive 
Officer, is authorized to provide assistance to a candidate country 
described in subsection (b) for the purpose of assisting such country to 
become an eligible country.
    (b) Candidate Country Described.--A candidate country referred to in 
subsection (a) is a candidate country that--
            (1) satisfies the requirements contained in subparagraphs 
        (A) and (B) of section 606(a)(1); and
            (2) demonstrates a significant commitment to meet the 
        requirements of section 607(b) but fails to meet such 
        requirements (including by reason of the absence or 
        unreliability of data).

    (c) Administration.--Assistance under this section may be provided 
through the United States Agency for International Development.
    (d) Funding.--Not more than 10 percent of the amount appropriated 
pursuant to the authorization of appropriations under section 619(a) for 
fiscal year 2004 is authorized to be made available to carry out this 
section.

SEC. 617. <<NOTE: 22 USC 7716.>> GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief Executive 
Officer, the head of an agency may detail any employee of such agency to 
the Corporation on a reimbursable basis. Any employee so detailed 
remains, for the purpose of preserving such employee's allowances, 
privileges, rights, seniority, and other benefits, an employee of the 
agency from which detailed.
    (b) Reemployment Rights.--
            (1) In general.--An employee of an agency who is serving 
        under a career or career conditional appointment (or the 
        equivalent), and who, with the consent of the head of such 
        agency, transfers to the Corporation, is entitled to be 
        reemployed in such employee's former position or a position of 
        like seniority, status, and pay in such agency, if such 
        employee--
                    (A) is separated from the Corporation for any 
                reason, other than misconduct, neglect of duty, or 
                malfeasance; and
                    (B) <<NOTE: Deadline.>> applies for reemployment not 
                later than 90 days after the date of separation from the 
                Corporation.
            (2) Specific rights.--An employee who satisfies paragraph 
        (1) is entitled to be reemployed (in accordance with such 
        paragraph) within 30 days after applying for reemployment and, 
        on reemployment, is entitled to at least the rate of basic pay 
        to which such employee would have been entitled had such 
        employee never transferred.

[[Page 118 STAT. 225]]

    (c) Hiring Authority.--Of persons employed by the Corporation, not 
to exceed 30 persons may be appointed, compensated, or removed without 
regard to the civil service laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the rate of 
basic pay of employees of the Corporation without regard to the 
provisions of chapter 51 of title 5, United States Code (relating to the 
classification of positions), subchapter III of chapter 53 of such title 
(relating to General Schedule pay rates), except that no employee of the 
Corporation may receive a rate of basic pay that exceeds the rate for 
level II of the Executive Schedule under section 5313 of such title.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; and
            (2) the term ``detail'' means the assignment or loan of an 
        employee, without a change of position, from the agency by which 
        such employee is employed to the Corporation.

SEC. 618. <<NOTE: 22 USC 7717.>> PERSONNEL OUTSIDE THE UNITED STATES.

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

SEC. 619. <<NOTE: 22 USC 7718.>> AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this title such sums as may be necessary for 
each of the fiscal years 2004 and 2005.
    (b) Allocation of Funds.--
            (1) In general.--The Corporation may allocate or transfer to 
        any agency of the United States Government any of the funds 
        available for carrying out this title. Such funds shall be 
        available for obligation and expenditure for the purposes for 
        which the funds were authorized, in accordance with authority 
        granted in this title or under authority governing the 
        activities of the United States Government agency to which such 
        funds are allocated or transferred.

[[Page 118 STAT. 226]]

            (2) Notification.--The <<NOTE: Deadline.>> Corporation shall 
        notify the appropriate congressional committees not less than 15 
        days prior to an allocation or transfer of funds pursuant to 
        paragraph (1).

    This division may be cited as the ``Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 2004''.

 DIVISION E--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human 
   Services, and Education, and Related Agencies Appropriations Act, 
2004.>> OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED 
AGENCIES APPROPRIATIONS, 2004

                                 An Act

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

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

  TITLE I--DEPARTMENT <<NOTE: Department of Labor Appropriations Act, 
2004.>> OF LABOR

                 Employment and Training Administration

    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Workforce Investment Act of 1998; $2,697,654,000 plus 
reimbursements, of which $1,666,473,000 is available for obligation for 
the period July 1, 2004 through June 30, 2005; except that amounts 
determined by the Secretary of Labor to be necessary pursuant to 
sections 173(a)(4)(A) and 174(c) of such Act shall be available from 
October 1, 2003 until expended; of which $1,000,965,000 is available for 
obligation for the period April 1, 2004 through June 30, 2005, to carry 
out chapter 4 of the Workforce Investment Act of 1998; and of which 
$30,216,000 is available for the period July 1, 2004 through June 30, 
2007 for necessary expenses of construction, rehabilitation, and 
acquisition of Job Corps centers: Provided, That notwithstanding any 
other provision of law, of the funds provided herein under section 
137(c) of the Workforce Investment Act of 1998, $276,608,000 shall be 
for activities described in section 132(a)(2)(A) of such Act and 
$1,180,152,000 shall be for activities described in section 132(a)(2)(B) 
of such Act: Provided further, That funds provided to carry out section 
132(a)(2)(A) of the Workforce Investment Act may be used to provide 
assistance to a State for state-wide or local use in order to address 
cases where there have been worker dislocations across multiple sectors 
or across multiple local areas and such workers remain dislocated; 
coordinate the State workforce development plan with

[[Page 118 STAT. 227]]

emerging economic development needs; and train such eligible dislocated 
workers: Provided further, That $9,039,000 shall be for carrying out 
section 172 of the Workforce Investment Act of 1998: Provided further, 
That, notwithstanding any other provision of law or related regulation, 
$77,330,000 shall be for carrying out section 167 of the Workforce 
Investment Act of 1998, including $72,213,000 for formula grants, 
$4,610,000 for migrant and seasonal housing (of which not less than 70 
percent shall be for permanent housing), and $507,000 for other 
discretionary purposes: Provided further, That notwithstanding the 
transfer limitation under section 133(b)(4) of such Act, up to 30 
percent of such funds may be transferred by a local board if approved by 
the Governor: Provided further, That funds provided to carry out section 
171(d) of the Workforce Investment Act of 1998 may be used for 
demonstration projects that provide assistance to new entrants in the 
workforce and incumbent workers: Provided further, That funding provided 
to carry out projects under section 171 of the Workforce Investment Act 
of 1998 that are identified in the Conference Agreement, shall not be 
subject to the requirements of section 171(b)(2)(B) of such Act, the 
requirements of section 171(c)(4)(D) of such Act, the joint funding 
requirements of sections 171(b)(2)(A) and 171(c)(4)(A) of such Act, or 
any time limit requirements of sections 171(b)(2)(C) and 171(c)(4)(B) of 
such Act: Provided further, That no funds from any other appropriation 
shall be used to provide meal services at or for Job Corps centers.
    For necessary expenses of the Workforce Investment Act of 1998, 
including the purchase and hire of passenger motor vehicles, the 
construction, alteration, and repair of buildings and other facilities, 
and the purchase of real property for training centers as authorized by 
the Workforce Investment Act of 1998; $2,463,000,000 plus 
reimbursements, of which $2,363,000,000 is available for obligation for 
the period October 1, 2004 through June 30, 2005, and of which 
$100,000,000 is available for the period October 1, 2004 through June 
30, 2007, for necessary expenses of construction, rehabilitation, and 
                    acquisition of Job Corps centers.

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

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

[[Page 118 STAT. 228]]

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

    For repayable advances to the Unemployment Trust Fund as authorized 
by sections 905(d) and 1203 of the Social Security Act, as amended, and 
to the Black Lung Disability Trust Fund as authorized by section 
9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for 
nonrepayable advances to the Unemployment Trust Fund as authorized by 
section 8509 of title 5, United States Code, and to the ``Federal 
unemployment benefits and allowances'' account, to remain available 
until September 30, 2005, $467,000,000.

[[Page 118 STAT. 229]]

    In addition, for making repayable advances to the Black Lung 
Disability Trust Fund in the current fiscal year after September 15, 
2004, for costs incurred by the Black Lung Disability Trust Fund in the 
           current fiscal year, such sums as may be necessary.

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

                Employee Benefits Security Administration

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

                  Pension Benefit Guaranty Corporation

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

                   Employment Standards Administration

    For necessary expenses for the Employment Standards Administration, 
including reimbursement to State, Federal, and local agencies and their 
employees for inspection services rendered, $392,872,000, together with 
$2,036,000 which may be expended from the Special Fund in accordance 
with sections 39(c), 44(d) and 44(j) of the Longshore and Harbor 
Workers' Compensation Act: Provided, That $1,250,000 shall be for the 
development of an alternative system for the electronic submission of 
reports required to be filed under the Labor-Management Reporting and 
Disclosure Act of 1959, as amended, and for a computer database of the 
information for each submission by whatever means, that is indexed and 
easily searchable by the public via the Internet: Provided further, That 
the Secretary of Labor is authorized to accept, retain, and spend, until 
expended, in the name of the Department of Labor, all sums of money 
ordered to be paid to

[[Page 118 STAT. 230]]

the Secretary of Labor, in accordance with the terms of the Consent 
Judgment in Civil Action No. 91-0027 of the United States District Court 
for the District of the Northern Mariana Islands (May 21, 1992): 
Provided further, That the Secretary of Labor is authorized to establish 
and, in accordance with 31 U.S.C. 3302, collect and deposit in the 
Treasury fees for processing applications and issuing certificates under 
sections 11(d) and 14 of the Fair Labor Standards Act of 1938, as 
amended (29 U.S.C. 211(d) and 214) and for processing applications and 
issuing registrations under title I of the Migrant and Seasonal 
      Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).

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

[[Page 118 STAT. 231]]

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

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

    Beginning <<NOTE: 26 USC 9501 note.>> in fiscal year 2004 and 
thereafter, such sums as may be necessary from the Black Lung Disability 
Trust Fund, to remain available until expended, for payment of all 
benefits authorized by section 9501(d)(1), (2), (4), and (7) of the 
Internal Revenue Code of 1954, as amended; and interest on advances, as 
authorized by section 9501(c)(2) of that Act. In addition, the following 
amounts shall be available from the Fund for fiscal year 2004 for 
expenses of operation and administration of the Black Lung Benefits 
program, as authorized by section 9501(d)(5): $32,004,000 for transfer 
to the Employment Standards Administration, ``Salaries and Expenses''; 
$23,401,000 for transfer to Departmental Management, ``Salaries and 
Expenses''; $338,000 for transfer to Departmental Management, ``Office 
of Inspector General''; and $356,000 for payments into miscellaneous 
receipts for the expenses of the Department of the Treasury.

              Occupational Safety and Health Administration

    For necessary expenses for the Occupational Safety and Health 
Administration, $460,786,000, including not to exceed $92,505,000 which 
shall be the maximum amount available for grants to States under section 
23(g) of the Occupational Safety and Health Act (the ``Act''), which 
grants shall be no less than 50 percent of the costs of State 
occupational safety and health programs required to be incurred under 
plans approved by the Secretary under section

[[Page 118 STAT. 232]]

18 of the Act; <<NOTE: 29 USC 670 note.>> and, in addition, 
notwithstanding 31 U.S.C. 3302, the Occupational Safety and Health 
Administration may retain up to $750,000 per fiscal year of training 
institute course tuition fees, otherwise authorized by law to be 
collected, and may utilize such sums for occupational safety and health 
training and education grants: Provided, That, notwithstanding 31 U.S.C. 
3302, the Secretary of Labor is authorized, during the fiscal year 
ending September 30, 2004, to collect and retain fees for services 
provided to Nationally Recognized Testing Laboratories, and may utilize 
such sums, in accordance with the provisions of 29 U.S.C. 9a, to 
administer national and international laboratory recognition programs 
that ensure the safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds appropriated under 
this paragraph shall be obligated or expended to prescribe, issue, 
administer, or enforce any standard, rule, regulation, or order under 
the Act which is applicable to any person who is engaged in a farming 
operation which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds appropriated under 
this paragraph shall be obligated or expended to administer or enforce 
any standard, rule, regulation, or order under the Act with respect to 
any employer of 10 or fewer employees who is included within a category 
having an occupational injury lost workday case rate, at the most 
precise Standard Industrial Classification Code for which such data are 
published, less than the national average rate as such rates are most 
recently published by the Secretary, acting through the Bureau of Labor 
Statistics, in accordance with section 24 of that Act (29 U.S.C. 673), 
except--
            (1) to provide, as authorized by such Act, consultation, 
        technical assistance, educational and training services, and to 
        conduct surveys and studies;
            (2) to conduct an inspection or investigation in response to 
        an employee complaint, to issue a citation for violations found 
        during such inspection, and to assess a penalty for violations 
        which are not corrected within a reasonable abatement period and 
        for any willful violations found;
            (3) to take any action authorized by such Act with respect 
        to imminent dangers;
            (4) to take any action authorized by such Act with respect 
        to health hazards;
            (5) to take any action authorized by such Act with respect 
        to a report of an employment accident which is fatal to one or 
        more employees or which results in hospitalization of two or 
        more employees, and to take any action pursuant to such 
        investigation authorized by such Act; and
            (6) to take any action authorized by such Act with respect 
        to complaints of discrimination against employees for exercising 
        rights under such Act:

Provided further, That the foregoing proviso shall not apply to any 
person who is engaged in a farming operation which does not maintain a 
temporary labor camp and employs 10 or fewer employees: Provided 
further, That not less than $3,200,000 shall be used to extend funding 
for the Institutional Competency Building training grants which 
commenced in September 2000, for program activities for the period of 
September 30, 2003 to September 30, 2004, provided that a grantee has 
demonstrated satisfactory performance.

[[Page 118 STAT. 233]]

                  Mine Safety and Health Administration

    For necessary expenses for the Mine Safety and Health 
Administration, $270,826,000, including purchase and bestowal of 
certificates and trophies in connection with mine rescue and first-aid 
work, and the hire of passenger motor vehicles, including $100,000 for 
an award to the Stolar Research Corporation to further develop and 
demonstrate electromagnetic wave detection technology, and other 
purposes, in Allegheny County, Pennsylvania; including $1,000,000 for an 
award to the National Technology Transfer Center for a coal slurry 
impoundment pilot project in southern West Virginia; including up to 
$2,000,000 for mine rescue and recovery activities; in addition, not to 
exceed $750,000 may be collected by the National Mine Health and Safety 
Academy for room, board, tuition, and the sale of training materials, 
otherwise authorized by law to be collected, to be available for mine 
safety and health education and training activities, notwithstanding 31 
U.S.C. 3302; and, in addition, the Mine Safety and Health Administration 
may retain up to $1,000,000 from fees collected for the approval and 
certification of equipment, materials, and explosives for use in mines, 
and may utilize such sums for such activities; the Secretary is 
authorized to accept lands, buildings, equipment, <<NOTE: 30 USC 
962.>> and other contributions from public and private sources and to 
prosecute projects in cooperation with other agencies, Federal, State, 
or private; the Mine Safety and Health Administration is authorized to 
promote health and safety education and training in the mining community 
through cooperative programs with States, industry, and safety 
associations; and any funds available to the department may be used, 
with the approval of the Secretary, to provide for the costs of mine 
rescue and survival operations in the event of a major disaster.

                       Bureau of Labor Statistics

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

                 Office of Disability Employment Policy

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

[[Page 118 STAT. 234]]

                         Departmental Management

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

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

[[Page 118 STAT. 235]]

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

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

                           GENERAL PROVISIONS

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

    Sec. 102. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year for 
the Department of Labor in this Act may be transferred between 
appropriations, but no such appropriation shall be increased by more 
than 3 percent by any such transfer: Provided, That 
the <<NOTE: Notification.>> Appropriations Committees of both Houses of 
Congress are notified at least 15 days in advance of any transfer.

    Sec. 103. In accordance with Executive Order No. 13126, none of the 
funds appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended for the procurement of goods mined, 
produced, manufactured, or harvested or services rendered, whole or in 
part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of this Act.
    Sec. 104. There is authorized to be appropriated such sums as may be 
necessary to the Denali Commission through the Department of Labor to 
conduct job training of the local workforce where Denali Commission 
projects will be constructed.
    Sec. 105. Of the funds appropriated for fiscal year 1999 under 
section 403(a)(5)(H)(i)(II) of the Social Security Act (42 U.S.C. 
603(a)(5)(H)(i)(II)) that were allotted as welfare to work formula 
grants to the States under section 403(a)(5)(A) of such Act (42 U.S.C. 
603(a)(5)(A)), there is hereby rescinded any funds that are unexpended 
by the States as of the date of enactment of this section, except for 
such funds as the Secretary of Labor determines are necessary for States 
to carry out administrative activities relating to the close out of such 
grants. Notwithstanding section 403(a)(5) of the Social Security Act (42 
U.S.C. 603(a)(5)), the Secretary of Labor may take such actions as the 
Secretary determines are appropriate to facilitate the orderly and 
equitable close out of such grants, consistent with the requirements of 
this section.
    Sec. 106. (a) Findings.--Congress finds that--

[[Page 118 STAT. 236]]

            (1) it is projected that the Department of Labor, in 
        conjunction with labor, industry, and the National Institute for 
        Occupational Safety and Health, will be undertaking several 
        months of testing on Personal Dust Monitor production 
        prototypes; and
            (2) the testing of Personal Dust Monitor prototypes is set 
        to begin (by late May or early June of 2004) following the 
        scheduled delivery of the Personal Dust Monitors in May 2004.

    (b) Re-proposal of Rule.--Following the successful demonstration of 
Personal Dust Monitor technology, and if the Secretary of Labor makes a 
determination that Personal Dust Monitors can be effectively applied in 
a regulatory scheme, the Secretary of Labor shall re-propose a rule on 
respirable coal dust which incorporates the use of Personal Dust 
Monitors, and, if such rule is re-proposed, the Secretary shall comply 
with the regular procedures applicable to Federal rulemaking.
    Sec. 107. <<NOTE: Ohio. Real property.>> The Secretary of Labor 
shall transfer, without charge or consideration, to Hamilton County, 
Ohio all rights, title, and interest (including all Federal equity) the 
United States holds in the real property located at 1916 Central 
Parkway, Cincinnati, Ohio to the extent such rights, title, or interest 
were acquired through grants to the State of Ohio under title III of the 
Social Security Act or the Wagner-Peyser Act or acquired through funds 
distributed to the State of Ohio under section 903 of the Social 
Security Act.

    Sec. 108. Fair Labor Standards Act Woodworking Exemption. Section 
13(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(c)) is 
amended by adding at the end the following:
    ``(7)(A)(i) Subject to subparagraph (B), in the administration and 
enforcement of the child labor provisions of this Act, it shall not be 
considered oppressive child labor for a new entrant into the workforce 
to be employed inside or outside places of business where machinery is 
used to process wood products.
    ``(ii) In this paragraph, the term `new entrant into the workforce' 
means an individual who--
            ``(I) is under the age of 18 and at least the age of 14, and
            ``(II) by statute or judicial order is exempt from 
        compulsory school attendance beyond the eighth grade.

    ``(B) The employment of a new entrant into the workforce under 
subparagraph (A) shall be permitted--
            ``(i) if the entrant is supervised by an adult relative of 
        the entrant or is supervised by an adult member of the same 
        religious sect or division as the entrant;
            ``(ii) if the entrant does not operate or assist in the 
        operation of power-driven woodworking machines;
            ``(iii) if the entrant is protected from wood particles or 
        other flying debris within the workplace by a barrier 
        appropriate to the potential hazard of such wood particles or 
        flying debris or by maintaining a sufficient distance from 
        machinery in operation; and
            ``(iv) if the entrant is required to use personal protective 
        equipment to prevent exposure to excessive levels of noise and 
        saw dust.''.

    This title may be cited as the ``Department of Labor Appropriations 
Act, 2004''.

[[Page 118 STAT. 237]]

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

              Health Resources and Services Administration

    For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and 
XXVI of the Public Health Service Act, section 427(a) of the Federal 
Coal Mine Health and Safety Act, title V (including section 510), and 
sections 1128E, 711 and 1820 of the Social Security Act, the Health Care 
Quality Improvement Act of 1986, as amended, the Native Hawaiian Health 
Care Act of 1988, as amended, the Cardiac Arrest Survival Act of 2000, 
and the Poison Control Center Enhancement and Awareness Act, 
$6,698,437,000, of which $367,563,000 shall be available for 
construction and renovation (including equipment) of health care and 
other facilities, abstinence education and related services, and other 
health-related activities as specified in the statement of the managers 
on the conference report accompanying this Act, and of which $39,740,000 
from general revenues, notwithstanding section 1820(j) of the Social 
Security Act, shall be available for carrying out the Medicare rural 
hospital flexibility grants program under section 1820 of such Act: 
Provided, That of the funds made available under this heading, $250,000 
shall be available until expended for facilities renovations at the 
Gillis W. Long Hansen's Disease Center: Provided further, That in 
addition to fees authorized by section 427(b) of the Health Care Quality 
Improvement Act of 1986, fees shall be collected for the full disclosure 
of information under the Act sufficient to recover the full costs of 
operating the National Practitioner Data Bank, and shall remain 
available until expended to carry out that Act: Provided further, That 
fees collected for the full disclosure of information under the ``Health 
Care Fraud and Abuse Data Collection Program'', authorized by section 
1128E(d)(2) of the Social Security Act, shall be sufficient to recover 
the full costs of operating the program, and shall remain available 
until expended to carry out that Act: Provided further, That $25,000,000 
of the funding provided for community health centers shall be used for 
base grant adjustments for existing centers: Provided further, That no 
more than $4,850,000 is available for carrying out the provisions of 
section 233(o) of title 42, United States Code, including associated 
administrative expenses: Provided further, That no more than $45,000,000 
is available for carrying out the provisions of Public Law 104-73: 
Provided further, That $10,000,000 is available until expended to 
establish a National Cord Blood Stem Cell Bank Program as described in 
the statement of the managers on the conference report accompanying this 
Act: Provided further, <<NOTE: Family planning.>> That of the funds made 
available under this heading, $280,000,000 shall be for the program 
under title X of the Public Health Service Act to provide for voluntary 
family planning projects: Provided further, <<NOTE: Abortion.>> That 
amounts provided to said projects under such title shall not be expended 
for abortions, that all pregnancy counseling shall be nondirective, and 
that such amounts shall not be expended for any activity (including the 
publication or distribution of literature) that in any way tends to 
promote public support or opposition to any legislative proposal or 
candidate for public office: Provided further, That $753,317,000 shall 
be for State AIDS Drug Assistance Programs authorized by section 2616 of 
the Public

[[Page 118 STAT. 238]]

Health Service Act: Provided further, That in addition to amounts 
provided herein, $25,000,000 shall be available from amounts available 
under section 241 of the Public Health Service Act to carry out parts A, 
B, C, and D of title XXVI of the Public Health Service Act to fund 
section 2691 Special Projects of National Significance: Provided 
further, That notwithstanding section 502(a)(1) of the Social Security 
Act, not to exceed $121,130,000 is available for carrying out special 
projects of regional and national significance pursuant to section 
501(a)(2) <<NOTE: Grants. Abstinence. Health Education Assistance Loans 
Program Account>> of such Act: Provided further, That $70,488,000 is 
available for special projects of regional and national significance 
under section 501(a)(2) of the Social Security Act, which shall not be 
counted toward compliance with the allocation required in section 
502(a)(1) of such Act, and which shall be used only for making 
competitive grants to provide abstinence education (as defined in 
section 510(b)(2) of such Act) to adolescents and for Federal costs of 
administering the grants: Provided further, That grants under the 
immediately preceding proviso shall be made only to public and private 
entities which agree that, with respect to an adolescent to whom the 
entities provide abstinence education under such grant, the entities 
will not provide to that adolescent any other education regarding sexual 
conduct, except that, in the case of an entity expressly required by law 
to provide health information or services the adolescent shall not be 
precluded from seeking health information or services from the entity in 
a different setting than the setting in which the abstinence education 
was provided: Provided further, That in addition to amounts provided 
herein for abstinence education to adolescents, $4,500,000 shall be 
available from amounts available under section 241 of the Public Health 
Service Act to carry out evaluations (including longitudinal 
       evaluations) of adolescent pregnancy prevention approaches.

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

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

               Centers for Disease Control and Prevention

    To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI 
of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203, 
301, and 501 of the Federal Mine Safety and Health Act of 1977, sections 
20, 21, and 22 of the Occupational Safety

[[Page 118 STAT. 239]]

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

                      National Institutes of Health

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

[[Page 118 STAT. 240]]

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

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

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

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

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

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

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

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

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

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

[[Page 118 STAT. 241]]

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

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

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

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

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

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

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

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

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

[[Page 118 STAT. 242]]

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

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

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

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

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

[[Page 118 STAT. 243]]

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

        Substance Abuse and Mental Health Services Administration

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

               Agency for Healthcare Research and Quality

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

[[Page 118 STAT. 244]]

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

               Centers for Medicare and Medicaid Services

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

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

    For carrying out, except as otherwise provided, titles XI, XVIII, 
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the 
Public Health Service Act, and the Clinical Laboratory Improvement 
Amendments of 1988, not to exceed $2,664,994,000, to be transferred from 
the Federal Hospital Insurance and the Federal Supplementary Medical 
Insurance Trust Funds, as authorized by section 201(g) of the Social 
Security Act; together with all funds collected in accordance with 
section 353 of the Public Health Service Act and section 1857(e)(2) of 
the Social Security Act, and such sums as may be collected from 
authorized user fees and the sale of data, which shall remain available 
until expended, and together with administrative fees collected relative 
to Medicare overpayment recovery activities, which shall remain 
available until expended: Provided, That all funds derived in accordance 
with 31 U.S.C. 9701 from organizations established under title XIII of 
the Public Health Service Act shall be credited to and available for 
carrying out the purposes of this appropriation: Provided further, That 
$30,000,000, to remain available until September 30, 2005, is for 
contract costs for CMS's Systems Revitalization Plan: Provided further, 
That $56,991,000, to remain available until September 30, 2005, is for 
contract costs for the Healthcare Integrated General Ledger Accounting 
System: Provided further, That of the amounts made available for 
research, demonstration and evaluation, $100,000 is available for 
Advocate Health Care

[[Page 118 STAT. 245]]

in Oak Brook, Illinois, for health education programs and services to 
the deaf and hard-of-hearing, $1,750,000 is available for AIDS 
Healthcare Foundation in Los Angeles for a demonstration of residential 
and outpatient treatment facilities, $250,000 is available for Berwick 
Hospital Center, Berwick, Pennsylvania, for stabilizing the workforce 
for patient care, $163,000 is available for Bloomsburg Hospital, 
Bloomsburg, Pennsylvania for stabilizing the workforce for patient care, 
$275,000 is available for Cheyenne River Sioux Tribe in Eagle Butte, 
South Dakota, to establish a nursing home, $778,000 is available for 
Community Medical Center, Scranton, Pennsylvania, for stabilizing the 
workforce for patient care, $150,000 is available for Cook County 
(Illinois) Bureau of Health Services to improve the management of 
vulnerable patients with poorly controlled diabetes, $178,000 is 
available for Divine Providence Hospital, Williamsport, Pennsylvania, 
for stabilizing the workforce for patient care, $267,000 is available 
for Geisinger Wyoming Valley Medical Center, Wilkes-Barre, Pennsylvania, 
for stabilizing the workforce for patient care, $237,000 is available 
for Hazleton General Hospital, Hazleton, Pennsylvania, for stabilizing 
the workforce for patient care, $25,000 is available for Hope Worldwide, 
Philadelphia, Pennsylvania, to maintain clinical care for recovering 
drug and alcohol addicts, $825,000 is available for Illinois Primary 
Health Care Association for the Shared Integrated Management Information 
System, Springfield, Illinois, $250,000 is available for James S. Taylor 
Memorial Home, Louisville, Kentucky, $100,000 is available for Jefferson 
Area Board for Aging, Charlottesville, Virginia, for the Nursing 
Assistant Institute, $85,000 is available for Jersey Shore Hospital, 
Jersey Shore, Pennsylvania for stabilizing the workforce for patient 
care, $179,000 is available for Marian Community Hospital, Carbondale, 
Pennsylvania, for stabilizing the workforce for patient care, $200,000 
is available for Medical Care for Children Partnership, Fairfax, 
Virginia, to provide outreach to increase access to medical and dental 
care for children, $393,000 is available for Mercy Health Partners, 
Scranton, Pennsylvania, for stabilizing the workforce for patient care, 
$571,000 is available for Mercy Hospital, Wilkes-Barre, Pennsylvania, 
for stabilizing the workforce for patient care, $63,000 is available for 
Mid-Valley Hospital, Peckville, Pennsylvania, for stabilizing the 
workforce for patient care, $510,000 is available for Moses Taylor 
Hospital, Scranton, Pennsylvania, for stabilizing the workforce for 
patient care, $109,000 is available for Muncy Valley Hospital, Muncy, 
Pennsylvania, for stabilizing the workforce for patient care, $225,000 
is available for Muskegon Community Health Project, Muskegon, Michigan, 
for the Access Health program, $75,000 is available for North Penn 
Visiting Nurse Association, Lansdale, Pennsylvania, to provide low-cost 
or free health care to children who do not have health insurance, 
$122,000 is available for Patient Advocate Foundation, Newport News, 
Virginia, to provide direct intervention assistance to patients 
throughout the United States who are experiencing difficulty in 
accessing quality health care services, $100,000 is available for Rhode 
Island Hospital-Medical Simulation Center of Providence, Rhode Island, 
for the creation of a transportable simulation-based training curriculum 
and validated human performance measurement system, $256,000 is 
available for Saint Joseph Medical Center, Hazleton, Pennsylvania, for 
stabilizing the workforce for patient care, $100,000 is available

[[Page 118 STAT. 246]]

for Santa Clara County, California, for its Children's Health Initiative 
program to provide outreach and enrollment assistance for families under 
300 percent of Federal poverty level, $664,000 is available for Sharon 
Regional Health System, Sharon, Pennsylvania, for stabilizing the 
workforce for patient care, $25,000 is available for Sickle Cell Medical 
Treatment & Education Center, St. Louis Children's Hospital, St. Louis, 
Missouri, to improve the academic achievement of children with Sickle 
Cell Disease with specific cognitive rehabilitation, $111,000 is 
available for Tyler Memorial Hospital, Tunkhannock, Pennsylvania, for 
stabilizing the workforce for patient care, $174,000 is available for 
United Community Hospital, Grove City, Pennsylvania, for stabilizing the 
workforce for patient care, $503,000 is available for UPMC Horizon, 
Farrell, Pennsylvania, for stabilizing the workforce for patient care, 
$613,000 is available for Williamsport Hospital & Medical Center, 
Williamsport, Pennsylvania, for stabilizing the workforce for patient 
care, and $965,000 is available for Wyoming Valley Health Care System, 
Wilkes-Barre, Pennsylvania, for stabilizing the workforce for patient 
care: Provided further, That the Secretary of Health and Human Services 
is directed to collect fees in fiscal year 2004 from Medicare+Choice 
organizations pursuant to section 1857(e)(2) of the Social Security Act 
and from eligible organizations with risk-sharing contracts under 
section 1876 of that Act pursuant to section 1876(k)(4)(D) of that Act: 
Provided further, that to the extent Medicare claims processing unit 
costs are projected by the Centers for Medicare & Medicaid Services to 
exceed $0.87 for part A claims and/or $0.65 for part B claims, up to an 
additional $18,000,000 may be available for obligation for every $0.04 
increase in Medicare claims processing unit costs from the Federal 
Hospital Insurance and the Federal Supplementary Medical Insurance Trust 
Funds. The calculation of projected unit costs shall be derived in the 
same manner in which the estimated unit costs were calculated for the 
              Federal budget estimate for the fiscal year.

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

                Administration for Children and Families

    For making payments to States or other non-Federal entities under 
titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
Act of July 5, 1960 (24 U.S.C. ch. 9), $3,292,970,000, to remain 
available until expended; and for such purposes for the first quarter of 
fiscal year 2005, $1,200,000,000, to remain available until expended.
    For making payments to each State for carrying out the program of 
Aid to Families with Dependent Children under title IV-

[[Page 118 STAT. 247]]

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

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

    For necessary expenses for refugee and entrant assistance activities 
authorized by title IV of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980 (Public Law 
96-422), for carrying out section 462 of the Homeland Security Act of 
2002 (Public Law 107-296), and for carrying out section 5 of the Torture 
Victims Relief Act of 1998 (Public Law 105-320), $450,276,000, of which 
up to $9,968,000 shall be available to carry out the Trafficking Victims 
Protection Act of 2000 (Public Law 106-386; division A): Provided, That 
funds appropriated under this heading pursuant to section 414(a) of the 
Immigration and Nationality Act for fiscal year 2004 shall be available 
for the costs of assistance provided and other activities, to remain 
                  available through September 30, 2006.

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

[[Page 118 STAT. 248]]

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

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

    For carrying out, except as otherwise provided, the Runaway and 
Homeless Youth Act, the Developmental Disabilities Assistance and Bill 
of Rights Act, the Head Start Act, the Child Abuse Prevention and 
Treatment Act, sections 310 and 316 of the Family Violence Prevention 
and Services Act, as amended, the Native American Programs Act of 1974, 
title II of Public Law 95-266 (adoption opportunities), the Adoption and 
Safe Families Act of 1997 (Public Law 105-89), sections 1201 and 1211 of 
the Children's Health Act of 2000, the Abandoned Infants Assistance Act 
of 1988, sections 261 and 291 of the Help America Vote Act of 2002, the 
Early Learning Opportunities Act, part B(1) of title IV and sections 
413, 429A, 1110, and 1115 of the Social Security Act, and sections 
40155, 40211, and 40241 of Public Law 103-322; for making payments under 
the Community Services Block Grant Act, sections 439(h), 473A, and 
477(i) of the Social Security Act, and title IV of Public Law 105-285, 
and for necessary administrative expenses to carry out said Acts and 
titles I, IV, X, XI, XIV, XVI, and XX of the Social Security Act, the 
Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget Reconciliation 
Act of 1981, title IV of the Immigration and Nationality Act, section 
501 of the Refugee Education Assistance Act of 1980, section 5 of the 
Torture Victims Relief Act of 1998 (Public Law 105-320), sections 40155, 
40211, and 40241 of Public Law 103-322, and section 126 and titles IV 
and V of Public Law 100-485, $8,816,097,000, of which $7,500,000, to 
remain available until September 30, 2005, shall be for grants to States 
for adoption incentive payments, as authorized by section 473A of title 
IV of the Social Security Act (42 U.S.C. 670-679) and may be made for 
adoptions completed before September 30, 2004: Provided, That funds 
appropriated in Public Law 108-7 for grants to States as authorized by 
section 473A of title IV of the Social Security Act shall also be 
available for adoption incentive payments for adoptions completed before 
September 30, 2004: Provided further, That $6,815,570,000 shall be for 
making payments under the Head Start Act, of which $1,400,000,000 shall 
become available October 1, 2004 and remain available through September 
30, 2005: Provided further, That $735,686,000 shall be for making 
payments under the Community Services Block Grant Act: Provided further, 
That not less than $7,227,000 shall be for section 680(3)(B) of the 
Community Services Block Grant Act, as amended: Provided further, That 
in addition to amounts provided herein, $6,000,000 shall be available 
from amounts available under section 241 of the Public Health Service 
Act to carry out the provisions of section 1110 of the Social Security 
Act: Provided further, That to the extent Community Services Block Grant 
funds are distributed as

[[Page 118 STAT. 249]]

grant funds by a State to an eligible entity as provided under the Act, 
and have not been expended by such entity, they shall remain with such 
entity for carryover into the next fiscal year for expenditure by such 
entity consistent with program purposes: Provided 
further, <<NOTE: Procedures. 42 USC 9921 note. promoting safe and stable 
families>> That the Secretary shall establish procedures regarding the 
disposition of intangible property which permits grant funds, or 
intangible assets acquired with funds authorized under section 680 of 
the Community Services Block Grant Act, as amended, to become the sole 
property of such grantees after a period of not more than 12 years after 
the end of the grant for purposes and uses consistent with the original 
grant: Provided further, That funds appropriated for section 680(a)(2) 
of the Community Services Block Grant Act, as amended, shall be 
available for financing construction and rehabilitation and loans or 
investments in private business enterprises owned by community 
development corporations: Provided further, That $89,978,000 shall be 
for activities authorized by the Runaway and Homeless Youth Act, 
notwithstanding the allocation requirements of section 388(a) of such 
Act, of which $40,505,000 is for the transitional living program: 
Provided further, That $48,000,000 is for a compassion capital fund to 
provide grants to charitable organizations to emulate model social 
service programs and to encourage research on the best practices of 
social service organizations: Provided further, That $15,000,000 shall 
be for activities authorized by the Help America Vote Act of 2002, of 
which $10,000,000 shall be for payments to States to promote disabled 
voter access, and of which $5,000,000 shall be for payments to States 
          for disabled voters protection and advocacy systems.

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

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

                         Administration on Aging

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965, as amended, and section 398 of the Public Health 
Service Act, $1,381,689,000, of which $5,500,000 shall be available for 
activities regarding medication management, screening, and education to 
prevent incorrect medication and

[[Page 118 STAT. 250]]

adverse drug reactions; and of which $2,842,000 shall remain available 
until September 30, 2006, for the White House Conference on Aging.

                         Office of the Secretary

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

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

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

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

[[Page 118 STAT. 251]]

    For retirement pay and medical benefits of Public Health Service 
Commissioned Officers as authorized by law, for payments under the 
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan, 
for medical care of dependents and retired personnel under the 
Dependents' Medical Care Act (10 U.S.C. ch. 55 and 56), and for payments 
pursuant to section 229(b) of the Social Security Act (42 U.S.C. 
429(b)), such amounts as may be required during the current fiscal year. 
The following are definitions for the medical benefits of the Public 
Health Service Commissioned Officers that apply to 10 U.S.C. chapter 56, 
section 1116(c). The source of funds for the monthly accrual payments 
into the Department of Defense Medicare-Eligible Retiree Health Care 
Fund shall be the Retirement Pay and Medical Benefits for Commissioned 
Officers account. For purposes of this Act, the term ``pay of members'' 
shall be construed to be synonymous with retirement payments to United 
States Public Health Service officers who are retired for age, 
disability, or length of service; payments to survivors of deceased 
officers; medical care to active duty and retired members and dependents 
and beneficiaries; and for payments to the Social Security 
Administration for military service credits; all of which payments are 
provided for by the Retirement Pay and Medical Benefits for Commissioned 
                            Officers account.

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

                           GENERAL PROVISIONS

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202. The Secretary shall make available through assignment not 
more than 60 employees of the Public Health Service

[[Page 118 STAT. 252]]

to assist in child survival activities and to work in AIDS programs 
through and with funds provided by the Agency for International 
Development, the United Nations International Children's Emergency Fund 
or the World Health Organization.
    Sec. 203. None of the funds appropriated under this Act may be used 
to implement section 399F(b) of the Public Health Service Act or section 
1503 of the National Institutes of Health Revitalization Act of 1993, 
Public Law 103-43.
    Sec. 204. None of the funds appropriated in this Act for the 
National Institutes of Health, the Agency for Healthcare Research and 
Quality, and the Substance Abuse and Mental Health Services 
Administration shall be used to pay the salary of an individual, through 
a grant or other extramural mechanism, at a rate in excess of Executive 
Level I.
    Sec. 205. <<NOTE: Reports.>> None of the funds appropriated in this 
Act may be expended pursuant to section 241 of the Public Health Service 
Act, except for funds specifically provided for in this Act, or for 
other taps and assessments made by any office located in the Department 
of Health and Human Services, prior to the Secretary's preparation and 
submission of a report to the Committee on Appropriations of the Senate 
and of the House detailing the planned uses of such funds.

    Sec. 206. Notwithstanding section 241(a) of the Public Health 
Service Act, such portion as the Secretary shall determine, but not more 
than 2.2 percent, of any amounts appropriated for programs authorized 
under said Act shall be made available for the evaluation (directly, or 
by grants or contracts) of the implementation and effectiveness of such 
                                programs.

    Sec. 207. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the current fiscal year for 
the Department of Health and Human Services in this Act may be 
transferred between appropriations, but no such appropriation shall be 
increased by more than 3 percent by any such transfer: Provided, That an 
appropriation may be increased by up to an additional 2 percent subject 
to approval by the House and Senate Committees on Appropriations: 
Provided further, <<NOTE: Notification.>> That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.

    Sec. 208. The Director of the National Institutes of Health, jointly 
with the Director of the Office of AIDS Research, may transfer up to 3 
percent among institutes, centers, and divisions from the total amounts 
identified by these two Directors as funding for research pertaining to 
the human immunodeficiency virus: Provided, <<NOTE: Notification.>> That 
the Congress is promptly notified of the transfer.

    Sec. 209. Of the amounts made available in this Act for the National 
Institutes of Health, the amount for research related to the human 
immunodeficiency virus, as jointly determined by the Director of the 
National Institutes of Health and the Director of the Office of AIDS 
Research, shall be made available to the ``Office of AIDS Research'' 
account. The Director of the Office of AIDS Research shall transfer from 
such account amounts necessary to carry out section 2353(d)(3) of the 
Public Health Service Act.
    Sec. 210. None of the funds appropriated in this Act may be made 
available to any entity under title X of the Public Health

[[Page 118 STAT. 253]]

Service Act unless the applicant for the award certifies to the 
Secretary that it encourages family participation in the decision of 
minors to seek family planning services and that it provides counseling 
to minors on how to resist attempts to coerce minors into engaging in 
sexual activities.
    Sec. 211. None of the funds appropriated by this Act (including 
funds appropriated to any trust fund) may be used to carry out the 
Medicare+Choice program if the Secretary denies participation in such 
program to an otherwise eligible entity (including a Provider Sponsored 
Organization) because the entity informs the Secretary that it will not 
provide, pay for, provide coverage of, or provide referrals for 
abortions: Provided, That the Secretary shall make appropriate 
prospective adjustments to the capitation payment to such an entity 
(based on an actuarially sound estimate of the expected costs of 
providing the service to such entity's enrollees): Provided further, 
That nothing in this section shall be construed to change the Medicare 
program's coverage for such services and a Medicare+Choice organization 
described in this section shall be responsible for informing enrollees 
where to obtain information about all Medicare covered services.
    Sec. 212. Notwithstanding any other provision of law, no provider of 
services under title X of the Public Health Service Act shall be exempt 
from any State law requiring notification or the reporting of child 
abuse, child molestation, sexual abuse, rape, or incest.
    Sec. 213. The Foreign Operations, Export Financing, and Related 
Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``1997, 1998, 
                1999, 2000, 2001, 2002, and 2003'' and inserting ``1997, 
                1998, 1999, 2000, 2001, 2002, 2003, and 2004''; and
                    (B) in subsection (e), by striking ``October 1, 
                2003'' each place it appears and inserting ``October 1, 
                2004'';
                    (C) in subsection (b)(1)--
                          (i) in subparagraph (A), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (B), by striking the 
                      period and inserting ``; and''; and
                          (iii) by adding at the end the following:
            ``(C) one or more categories of aliens who are or were 
        nationals and residents of the Islamic Republic or Iran who, as 
        members of a religious minority in Iran, share common 
        characteristics that identify them as targets of persecution in 
        that state on account of race, religion, nationality, membership 
        in a particular social group, or political opinion.''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``September 30, 2003'' and inserting 
        ``September 30, 2004''.

    Sec. 214. (a) Except as provided by subsection (e) none of the funds 
appropriated by this Act may be used to withhold substance abuse funding 
from a State pursuant to section 1926 of the Public Health Service Act 
(42 U.S.C. 300x-26) if such State certifies to the Secretary of Health 
and Human Services by May 1, 2004, that the State will commit additional 
State funds, in accordance with subsection (b), to ensure compliance 
with State

[[Page 118 STAT. 254]]

laws prohibiting the sale of tobacco products to individuals under 18 
years of age.
    (b) The amount of funds to be committed by a State under subsection 
(a) shall be equal to 1 percent of such State's substance abuse block 
grant allocation for each percentage point by which the State misses the 
retailer compliance rate goal established by the Secretary of Health and 
Human Services under section 1926 of such Act.
    (c) The State is to maintain State expenditures in fiscal year 2004 
for tobacco prevention programs and for compliance activities at a level 
that is not less than the level of such expenditures maintained by the 
State for fiscal year 2003, and adding to that level the additional 
funds for tobacco compliance activities required under subsection 
(a). <<NOTE: Reports. Deadline.>> The State is to submit a report to the 
Secretary on all fiscal year 2003 State expenditures and all fiscal year 
2004 obligations for tobacco prevention and compliance activities by 
program activity by July 31, 2004.

    (d) The Secretary shall exercise discretion in enforcing the timing 
of the State obligation of the additional funds required by the 
certification described in subsection (a) as late as July 31, 2004.
    (e) None of the funds appropriated by this Act may be used to 
withhold substance abuse funding pursuant to section 1926 from a 
territory that receives less than $1,000,000.
    Sec. 215. In order for the Centers for Disease Control and 
Prevention to carry out international health activities, including HIV/
AIDS and other infectious disease, chronic and environmental disease, 
and other health activities abroad during fiscal year 2004, the 
Secretary of Health and Human Services--
            (1) may exercise authority equivalent to that available to 
        the Secretary of State in section 2(c) of the State Department 
        Basic Authorities Act of 1956 (22 U.S.C. 2669(c)). The Secretary 
        of Health and Human Services shall consult with the Secretary of 
        State and relevant Chief of Mission to ensure that the authority 
        provided in this section is exercised in a manner consistent 
        with section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
        3927) and other applicable statutes administered by the 
        Department of State; and
            (2) is authorized to provide such funds by advance or 
        reimbursement to the Secretary of State as may be necessary to 
        pay the costs of acquisition, lease, alteration, renovation, and 
        management of facilities outside of the United States for the 
        use of the Department of Health and Human Services. The 
        Department of State shall cooperate fully with the Secretary of 
        Health and Human Services to ensure that the Department of 
        Health and Human Services has secure, safe, functional 
        facilities that comply with applicable regulation governing 
        location, setback, and other facilities requirements and serve 
        the purposes established by this Act. The Secretary of Health 
        and Human Services is authorized, in consultation with the 
        Secretary of State, through grant or cooperative agreement, to 
        make available to public or nonprofit private institutions or 
        agencies in participating foreign countries, funds to acquire, 
        lease, alter, or renovate facilities in those countries as 
        necessary to conduct programs of assistance for international 
        health activities, including activities relating to HIV/AIDS and 
        other

[[Page 118 STAT. 255]]

        infectious diseases, chronic and environmental diseases, and 
        other health activities abroad.

    Sec. 216. The Division of Federal Occupational Health may utilize 
personal services contracting to employ professional management/
administrative and occupational health professionals.
    Sec. 217. <<NOTE: 42 USC 284f note.>> Notwithstanding section 
409B(c) of the Public Health Service Act regarding a limitation on the 
number of such grants, funds appropriated in this Act and Acts in fiscal 
years thereafter may be expended by the Director of the National 
Institutes of Health to award Core Center Grants to encourage the 
development of innovative multidisciplinary research and provide 
training concerning Parkinson's disease. Each center funded under such 
grants shall be designated as a Morris K. Udall Center for Research on 
Parkinson's Disease.

    Sec. 218. <<NOTE: Deadline. Reports.>> Not later than 90 days after 
the date of enactment of this Act, the Director of the National 
Institutes of Health shall submit to the appropriate committees of 
Congress a report that shall--
            (1) contain the recommendations of the Director concerning 
        the role of the National Institutes of Health in promoting the 
        affordability of inventions and products developed with Federal 
        funds; and
            (2) specify whether any circumstances exist to prevent the 
        Director from promoting the affordability of inventions and 
        products developed with Federal funds.

    Sec. 219. <<NOTE: 42 USC 294o note.>> Notwithstanding any other 
provisions of law, funds made available under this heading may be used 
to continue operating the Council on Graduate Medical Education 
established by section 301 of Public Law 102-408.

    Sec. 220. Designation of Senator Paul D. Wellstone NIH MDCRC 
Program. (a) Findings.--Congress finds the following:
            (1) On December 18, 2001, Public Law 107-84, otherwise known 
        as the Muscular Dystrophy Community Assistance, Research and 
        Education Amendments of 2001, or the MD CARE Act, was signed 
        into law to provide for research and education with respect to 
        various forms of muscular dystrophy, including Duchenne, Becker, 
        limb girdle, congenital, facioscapulohumeral, myotonic, 
        oculopharyngeal, distal, and EmeryDreifuss muscular dystrophies.
            (2) In response to the MD CARE Act of 2001, in September 
        2002, the National Institutes of Health (NIH) announced its 
        intention to establish the Muscular Dystrophy Cooperative 
        Research Centers (MDCRC) program.
            (3) Senator Paul D. Wellstone was a driving force behind 
        enactment of the MD CARE Act, which led to the establishment of 
        the MDCRC program.

    (b) Designation.--The NIH Muscular Dystrophy Cooperative Research 
Centers (MDCRC) program shall be known and designated as the ``Senator 
Paul D. Wellstone Muscular Dystrophy Cooperative Research Centers'', in 
honor of Senator Paul D. Wellstone who was deceased on October 25, 2002.
    (c) References.--Any reference in a law, regulation, document, 
paper, or other record of the United States to the NIH program of 
Muscular Dystrophy Cooperative Research Centers shall be deemed to be a 
reference to the ``Senator Paul D. Wellstone Muscular Dystrophy 
Cooperative Research Centers''.

[[Page 118 STAT. 256]]

    Sec. 221. (a) Authority.--Notwithstanding any other provision of 
law, the Director of the National Institutes of Health may use funds 
available under section 402(i) of the Public Health Service Act (42 
U.S.C. 282(i)) to enter into transactions (other than contracts, 
cooperative agreements, or grants) to carry out research in support of 
the NIH Roadmap Initiative of the Director.
    (b) Peer Review.--In entering into transactions under subsection 
(a), the Director of the National Institutes of Health may utilize such 
peer review procedures (including consultation with appropriate 
scientific experts) as the Director determines to be appropriate to 
obtain assessments of scientific and technical merit. 
Such <<NOTE: Applicability.>> procedures shall apply to such 
transactions in lieu of the peer review and advisory council review 
procedures that would otherwise be required under sections 301(a)(3), 
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public Health 
Service Act (42 U.S.C. 241, 284(b)(1)(B), 284(b)(2), 284a(a)(3)(A), 
289a, and 289c).

    Sec. 222. Section 307(c) of the Denali Commission Act of 1998 (42 
U.S.C. 3121 note) is amended by striking ``is authorized to make 
grants'' and inserting ``is authorized to make interagency transfers''.
    This title may be cited as the ``Department of Health and Human 
Services Appropriations Act, 2004''.

 TITLE <<NOTE: Department of Education Appropriations Act, 2004.>> III--
DEPARTMENT OF EDUCATION

                     Education for the Disadvantaged

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

                               Impact Aid

    For carrying out programs of financial assistance to federally 
affected schools authorized by title VIII of the Elementary and 
Secondary Education Act of 1965, $1,236,824,000, of which $1,070,000,000 
shall be for basic support payments under section

[[Page 118 STAT. 257]]

8003(b), $50,668,000 shall be for payments for children with 
disabilities under section 8003(d), $46,208,000 shall be for 
construction under section 8007 and shall remain available through 
September 30, 2005, $62,000,000 shall be for Federal property payments 
under section 8002, and $7,948,000, to remain available until expended, 
shall be for facilities maintenance under section 8008: Provided, That 
$1,500,000 of the funds for section 8007 shall be available for the 
local educational agencies and in the amounts specified in the statement 
of the managers on the conference report accompanying this Act: Provided 
further, That, notwithstanding any other provision of law, these funds 
shall remain available until expended.

                       School Improvement Programs

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

                            Indian Education

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

                       Innovation and Improvement

    For carrying out activities authorized by parts G and H of title I, 
subpart 5 of part A and parts C and D of title II, parts B, C, and D of 
title V, and section 1504 of the Elementary and Secondary Education Act 
of 1965 (``ESEA''), $1,106,811,000: Provided, That $74,513,000 for 
continuing and new grants to demonstrate effective approaches to 
comprehensive school reform shall become available on July 1, 2004, and 
remain available through September 30, 2005, and shall be allocated and 
expended in the same manner as the funds provided under the Fund for the

[[Page 118 STAT. 258]]

Improvement of Education for this purpose were allocated and expended in 
fiscal year 2003: Provided further, That $18,500,000 shall be available 
to carry out section 2151(c) of the ESEA, of which not less than 
$10,000,000 shall be provided to the National Board for Professional 
Teaching Standards, not less than $7,000,000 shall be provided to the 
National Council on Teacher Quality, and up to $1,500,000 may be 
reserved by the Secretary to conduct an evaluation of activities 
authorized by such section: Provided further, That $430,463,000 shall be 
available to carry out part D of title V of the ESEA: Provided further, 
That $177,271,000 of the funds for subpart 1, part D of title V of the 
ESEA shall be available for the projects and in the amounts specified in 
the statement of the managers on the conference report accompanying this 
Act.

                 Safe Schools and Citizenship Education

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

                      English Language Acquisition

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

[[Page 118 STAT. 259]]

                            Special Education

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

             Rehabilitation Services and Disability Research

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

           Special Institutions for Persons With Disabilities

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

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

[[Page 118 STAT. 260]]

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

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

                     Vocational and Adult Education

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

[[Page 118 STAT. 261]]

available through September 30, 2005, for grants to local educational 
agencies: Provided further, That funds made available to local education 
agencies under this subpart shall be used only for activities related to 
establishing smaller learning communities in high schools.

                      Student Financial Assistance

    For carrying out subparts 1, 3, and 4 of part A, part C and part E 
of title IV of the Higher Education Act of 1965, as amended, 
$14,090,430,000, which shall remain available through September 30, 
2005.
    The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a 
student shall be eligible during award year 2004-2005 shall be $4,050.

                       Student Aid Administration

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

                            Higher Education

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

[[Page 118 STAT. 262]]

                            Howard University

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

          College Housing and Academic Facilities Loans Program

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

  Historically Black College and University Capital Financing Program 
                                 Account

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

                     Institute of Education Sciences

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

                         Departmental Management

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

[[Page 118 STAT. 263]]

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

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

                           GENERAL PROVISIONS

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

    Sec. 304. Not to exceed 1 percent of any discretionary funds 
(pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985, as amended) which are appropriated for the Department of Education 
in this Act may be transferred between appropriations, but no such 
appropriation shall be increased by more than 3 percent by any such 
transfer: Provided, <<NOTE: Notification.>> That the Appropriations 
Committees of both Houses of Congress are notified at least 15 days in 
advance of any transfer.

    Sec. <<NOTE: 20 USC 1087kk note.>> 305. Special Study of 
Simplification of Need Analysis and Application for title IV Aid. (a) 
Study Required.--The Advisory Committee on Student Financial Assistance 
established by section 491 of the Higher Education Act of 1965 (20 
U.S.C. 1098), hereafter in this section referred to as ``the Advisory 
Committee'', shall conduct a thorough study of the feasibility of 
simplifying the need analysis methodology for all Federal student 
financial assistance programs and the process of applying for such 
assistance.

    (b) Required Subjects of Study.--In performing the study, the 
Advisory Committee shall, at a minimum, examine the following:

[[Page 118 STAT. 264]]

            (1) whether the methodology used to calculate the expected 
        family contribution can be simplified without significant 
        adverse effects on program intent, costs, integrity, delivery, 
        and distribution of awards;
            (2) whether the number of data elements, and, accordingly, 
        the number and complexity of questions asked of students and 
        families, used to calculate the expected family contribution can 
        be reduced without such adverse effects;
            (3) whether the procedures for determining such data 
        elements, including determining and updating offsets and 
        allowances, is the most efficient, effective, and fair means to 
        determine a family's available income and assets;
            (4) whether the methodology used to calculate the expected 
        family contribution, specifically the consideration of income 
        earned by a dependent student and its effect on Pell grant 
        eligibility, is an effective and fair means to determine a 
        family's available income and a student's need;
            (5) whether the nature and timing of the application 
        required in section 483 (a)(1) of the Higher Education Act of 
        1965 (20 U.S.C. 1090(a)(1)), eligibility and award 
        determination, financial aid processing, and funds delivery can 
        be streamlined further for students and families, institutions, 
        and States;
            (6) whether it is feasible to allow students to complete 
        only those limited sections of the financial aid application 
        that apply to their specific circumstances and the State in 
        which they reside;
            (7) whether a widely disseminated printed form, or the use 
        of an Internet or other electronic means, can be developed to 
        notify individuals of an estimation of their approximate 
        eligibility for grant, work-study, and loan assistance upon 
        completion and verification of the simplified application form;
            (8) whether information provided on other Federal forms 
        (such as the form applying for supplemental security income 
        under title XVI of the Social Security Act, the form for 
        applying for food stamps under the Food Stamp Act of 1977, and 
        the schedule for applying for the earned income tax credit under 
        section 32 of the Internal Revenue Code of 1986) that are 
        designed to determine eligibility for various Federal need-based 
        assistance programs could be used to qualify potential students 
        for the simplified needs test; and
            (9) whether any proposed changes to data elements collected, 
        in addition to those used to calculate expected family 
        contribution, or any proposed changes to the form's design or 
        the process of applying for aid, may have adverse effects on 
        program costs, integrity, delivery, or distribution of awards, 
        as well as, application development or application processing.

    (c) Additional Considerations.--In conducting the feasibility study, 
the Advisory Committee's primary objective under this subsection shall 
be simplifying the financial aid application forms and process and 
obtaining a substantial reduction in the number of required data items. 
In carrying out that objective, the Advisory Committee shall pay special 
attention to the needs of low-income and moderate-income students and 
families.
    (d) Consultation.--
            (1) In general.--The Advisory Committee shall consult with a 
        broad range of interested parties in higher education,

[[Page 118 STAT. 265]]

        including parents and students, high school guidance counselors, 
        financial aid and other campus administrators, appropriate State 
        administrators, administrators of intervention and outreach 
        programs, and appropriate officials from the Department of 
        Education.
            (2) Forms design expert.--With the goal of making 
        significant changes to the form to make the questions more 
        easily understandable, the Advisory Committee shall consult a 
        forms design expert to ensure that its recommendations for 
        revision of the application form would assist in making the form 
        easily readable and understood by parents, students, and other 
        members of the public.
            (3) Congressional consultation.--The Advisory Committee 
        shall consult on a regular basis with the Committee on Education 
        and the Workforce of the House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions of the 
        Senate in carrying out the feasibility study required by this 
        subsection.
            (4) Departmental consultation.--The Secretary of Education 
        shall provide such assistance to the Advisory Committee as is 
        requested and practicable in conducting the study required by 
        this subsection.

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

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

[[Page 118 STAT. 266]]

in the Federal needs analysis methodology, as prescribed by the 
Secretary on May 30, 2003 (68 Fed. Reg. 32473).
    Sec. 306. <<NOTE: Deadline.>> The Secretary of Education shall treat 
as timely filed an application under section 8003 of the Elementary and 
Secondary Education Act of 1965 from the local educational agency for 
Hydaburg, Alaska, for a payment for fiscal year 2004, and shall process 
such application for payment, if the Secretary has received the fiscal 
year 2004 application not later than 30 days after the date of enactment 
of this Act.

    This title may be cited as the ``Department of Education 
Appropriations Act, 2004''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

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

             Corporation for National and Community Service

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

                   Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting, as 
authorized by the Communications Act of 1934, an amount which shall be 
available within limitations specified by that Act, for the fiscal year 
2006, $400,000,000: Provided, That no funds made available to the 
Corporation for Public Broadcasting by this Act shall be used to pay for 
receptions, parties, or similar forms of entertainment for Government 
officials or employees: Provided further, That none of the funds 
contained in this paragraph shall be available or used to aid or support 
any program or activity from which any person is excluded, or is denied 
benefits, or is discriminated against, on the basis of race, color, 
national origin, religion, or sex: Provided further, That for fiscal 
year 2004, in addition to the amounts provided above, $50,000,000 shall 
be for costs related

[[Page 118 STAT. 267]]

to digital program production, development, and distribution, associated 
with the transition of public broadcasting to digital broadcasting, to 
be awarded as determined by the Corporation in consultation with public 
radio and television licensees or permittees, or their designated 
representatives: Provided further, That for fiscal year 2004, in 
addition to the amounts provided above, $10,000,000 shall be for the 
costs associated with implementing the first phase of the next 
generation interconnection system.

               Federal Mediation and Conciliation Service

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

            Federal Mine Safety and Health Review Commission

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

                Institute of Museum and Library Services

    For carrying out the Museum and Library Services Act of 1996, 
$262,596,000, to remain available until expended: Provided, That of the 
amount provided, $125,000 shall be awarded to the Alabama School of Math 
and Science at the University of Alabama for technology upgrades and 
library resources, $50,000 shall be awarded to the Alaska Moving Image 
Preservation Association, Anchorage, Alaska, to digitize files/photos/
videos of Alaskan history, $25,000 shall be awarded to the Alex Haley 
House Museum, Henning, Tennessee, for care and preservation of 
collection, $500,000 shall be awarded to the Allen County Historical 
Society, Lima, Ohio, for the ``Move Our Past Forward'' project to expand 
and develop exhibits for their Children's Discovery Museum Center, 
$75,000 shall be awarded to the Allentown Art Museum, Allentown,

[[Page 118 STAT. 268]]

Pennsylvania, for educational programming for school districts, $100,000 
shall be awarded to the Alutiiq Museum, Kodiak, Alaska, to support 
programs to teach students and adults how to develop traditional Native 
arts, $200,000 shall be awarded to the American Village Citizenship 
Trust, Montevallo, Alabama, for a national initiative for teaching 
American history and civics, $100,000 shall be awarded to the Arab 
Community Center for Economic and Social Services (ACCESS), Dearborn, 
Michigan, for exhibits and museum programs, $100,000 shall be awarded to 
the Ashland Community Arts Center, Ashland, Ohio, for Arts in Downtown 
project, $75,000 shall be awarded to the Athenaeum of Philadelphia, 
Philadelphia, Pennsylvania, to preserve library materials and access to 
information in the form of digital images on the Internet, $500,000 
shall be awarded to the Beth Medrash Govoha, Lakewood, New Jersey, for 
equipment and exhibits for the Holocaust Library, $400,000 shall be 
awarded to the Bishop Museum in Hawaii, for activities to preserve the 
culture of Native Hawaiians, $400,000 shall be awarded to the Bishop 
Museum in Hawaii to develop Native Hawaiian cultural projects in 
collaboration with the Peabody Museum of Massachusetts and an Alaskan 
museum, $900,000 shall be awarded to the Burpee Museum of Natural 
History, Rockford, Illinois, for community outreach and educational 
activities, $100,000 shall be awarded to the Campbell Center for 
Historic Preservation Studies, Mount Carroll, Illinois, for community 
outreach and program planning, $200,000 shall be awarded to the Chaldean 
Community Culture Center, West Bloomfield, Michigan, for programs that 
promote Chaldean language, history, culture and teacher training, 
$250,000 shall be awarded to the Chapman University, Orange, California, 
for technological infrastructure, $250,000 shall be awarded to the 
Chartiers Valley Partnership, Inc., Carnegie, Pennsylvania, for 
technological upgrades and educational programs at the Andrew Carnegie 
Free Library, $113,000 shall be awarded to the Children's Museum at La 
Habra, California, for a Hands On English Program, $144,000 shall be 
awarded to the Children's Museum of History, Natural History, Science 
and Technology, Utica, New York, for technology improvements, staffing 
and training, $400,000 shall be awarded to the Cincinnati Museum Center 
at Union Terminal, Cincinnati, Ohio, to develop and implement an 
integrated curriculum that will utilize its resources in art, science, 
and history when visiting the museum, $150,000 shall be awarded to the 
City of Hemet, California, for Hemet Public Library, for library 
materials and technological equipment, $387,000 shall be awarded to the 
City of Whittier, California, for the Whittier Public Library Children's 
Area and History Room, $250,000 shall be awarded to the Cleveland Health 
Museum, Cleveland Ohio, for exhibits, $100,000 shall be awarded to the 
College of Physicians of Philadelphia, Philadelphia, Pennsylvania, to 
preserve medical library and art collection, $400,000 shall be awarded 
to the Davenport Music History Museum in Davenport, Iowa, $75,000 shall 
be awarded to the Delaware County Historical Society, Media, 
Pennsylvania, for educational programs highlighting historical themes 
and sites relating to Delaware County, $75,000 shall be awarded to the 
East Stroudsburg University, East Stroudsburg, Pennsylvania, to preserve 
and develop exhibits for their Vintage Radio Programs and Jazz Museum, 
$100,000 shall be awarded to the Elmwood Zoo, Norristown, Pennsylvania, 
for student education programs, $75,000 shall be awarded to the Erie 
County,

[[Page 118 STAT. 269]]

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

[[Page 118 STAT. 270]]

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

[[Page 118 STAT. 271]]

Hall of Science to develop, expand, and display science-related 
educational materials, $420,000 shall be awarded to the Niagara County 
Historical Society, Lockport, New York, to create a state-of-the-art 
interpretive museum, $50,000 shall be awarded to the Northwest Museum of 
Arts and Culture, Spokane, Washington, for the Star Nations Program, 
$210,000 shall be awarded to the O. Winston Link Museum, Roanoke, 
Virginia, for displays and digitization, $150,000 shall be awarded to 
the Piper's Opera House Programs, Inc., Virginia City, Nevada, for 
exhibit design and development, educational programming, and technology 
modernization, $100,000 shall be awarded to the Pittsburgh Children's 
Museum, Pittsburgh, Pennsylvania, to expand arts and after-school 
programs for at-risk children, $50,000 shall be awarded to the Placer 
County Library, Auburn, California, to enhance library collection 
through the purchase of library materials, $977,000 shall be awarded to 
the Plano Community Library District, Plano, Illinois, for expenses 
related to the library, $725,000 shall be awarded to the Please Touch 
Museum, Philadelphia, Pennsylvania, to develop educational programs 
focusing on hands-on learning experiences, $100,000 shall be awarded to 
the Plumas County Library, Quincy, California, for library materials, 
$25,000 shall be awarded to the Putnam County Commissioners, Winfield, 
West Virginia, for technology for the public library system in Putnam 
County, $200,000 shall be awarded to the Rock and Roll Hall of Fame and 
Museum, Cleveland, Ohio, for the Rockin' the Schools education program, 
$50,000 shall be awarded to the Saint Tikhon's Theological Seminary, 
South Canaan, Pennsylvania, for care and preservation of Russian 
artifacts, $250,000 shall be awarded to the San Bernardino County, San 
Bernardino, California, for the San Bernardino County Museum, $100,000 
shall be awarded to the Serra Cooperative Library System, San Diego, 
California, to provide Live Homework Help Project to help students with 
expert tutors for real-time online instructions, $100,000 shall be 
awarded to the Simon Wiesenthal Center's Los Angeles Museum for 
Tolerance, Los Angeles, California, for the Tools for Tolerance for 
Educators program to provide teacher training in diversity, tolerance 
and cooperation, $25,000 shall be awarded to the Southern New Hampshire 
Services, Inc., Manchester, New Hampshire, for exhibit acquisition for 
SEE Science Center, $400,000 shall be awarded to the Speed Art Museum, 
Louisville, Kentucky, $100,000 shall be awarded to the Standing Bear 
Museum and Learning Center, Ponca City, Oklahoma, $1,000,000 shall be 
awarded to the State Historical Society of Iowa in Des Moines, Iowa, for 
the development of exhibits for the World Food Prize, $200,000 shall be 
awarded to the Taft Museum of Art, Cincinnati, Ohio, for educational 
programming and exhibits, $1,000,000 shall be awarded to the Tennessee 
State University African American History Museum, Nashville, Tennessee, 
to enhance the library facilities which will include new exhibits, 
expanded archives, and research programs, $24,000 shall be awarded to 
The Arts Guild of Old Forge, Old Forge, New York, for the new exhibits 
spaces and educational programs, $50,000 shall be awarded to the Tifton-
Tift County Public Library, Tifton, Georgia, $60,000 shall be awarded to 
the Tillamook County Library, Tillamook, Oregon, for design and 
development of exhibits and educational programs, $100,000 shall be 
awarded to the Town of Greece, Rochester, New York, for the Greece 
Public Library Security program, $50,000 shall be awarded to the 
Tuskegee

[[Page 118 STAT. 272]]

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

                  Medicare Payment Advisory Commission

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

        National Commission on Libraries and Information Science

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

                     National Council on Disability

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

                     National Labor Relations Board

    For expenses necessary for the National Labor Relations Board to 
carry out the functions vested in it by the Labor-Management Relations 
Act, 1947, as amended (29 U.S.C. 141-167), and other laws, $244,073,000: 
Provided, That no part of this appropriation shall be available to 
organize or assist in organizing agricultural laborers or used in 
connection with investigations, hearings, directives, or orders 
concerning bargaining units composed of agricultural laborers as 
referred to in section 2(3) of the Act of July 5, 1935

[[Page 118 STAT. 273]]

(29 U.S.C. 152), and as amended by the Labor-Management Relations Act, 
1947, as amended, and as defined in section 3(f) of the Act of June 25, 
1938 (29 U.S.C. 203), and including in said definition employees engaged 
in the maintenance and operation of ditches, canals, reservoirs, and 
waterways when maintained or operated on a mutual, nonprofit basis and 
at least 95 percent of the water stored or supplied thereby is used for 
farming purposes.

                        National Mediation Board

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

            Occupational Safety and Health Review Commission

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

                        Railroad Retirement Board

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

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

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

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

[[Page 118 STAT. 274]]

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

                     Social Security Administration

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

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

    For necessary expenses, including the hire of two passenger motor 
vehicles, and not to exceed $15,000 for official reception and 
representation expenses, not more than $8,241,800,000 may be expended, 
as authorized by section 201(g)(1) of the Social Security Act, from any 
one or all of the trust funds referred to therein: Provided, That not 
less than $1,800,000 shall be for the Social Security Advisory Board: 
Provided further, That unobligated balances of funds provided under this 
paragraph at the end of fiscal year 2004 not needed for fiscal year 2004 
shall remain available until expended to invest in the Social Security 
Administration information technology and telecommunications hardware 
and software infrastructure, including related equipment and non-payroll 
administrative expenses associated solely with this information 
technology and telecommunications infrastructure: Provided further, That 
reimbursement to the trust funds under this heading for expenditures for 
official time for employees of the Social Security

[[Page 118 STAT. 275]]

Administration pursuant to section 7131 of title 5, United States Code, 
and for facilities or support services for labor organizations pursuant 
to policies, regulations, or procedures referred to in section 7135(b) 
of such title shall be made by the Secretary of the Treasury, with 
interest, from amounts in the general fund not otherwise appropriated, 
as soon as possible after such expenditures are made.
    In addition, $120,000,000 to be derived from administration fees in 
excess of $5.00 per supplementary payment collected pursuant to section 
1616(d) of the Social Security Act or section 212(b)(3) of Public Law 
93-66, which shall remain available until expended. To the extent that 
the amounts collected pursuant to such section 1616(d) or 212(b)(3) in 
fiscal year 2004 exceed $120,000,000, the amounts shall be available in 
fiscal year 2005 only to the extent provided in advance in 
appropriations Acts.
    From funds previously appropriated for this purpose, any unobligated 
balances at the end of fiscal year 2003 shall be available to continue 
Federal-State partnerships which will evaluate means to promote Medicare 
buy-in programs targeted to elderly and disabled individuals under 
            titles XVIII and XIX of the Social Security Act.

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

                    United States Institute of Peace

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

                       TITLE V--GENERAL PROVISIONS

    Sec. 501. The Secretaries of Labor, Health and Human Services, and 
Education are authorized to transfer unexpended balances of prior 
appropriations to accounts corresponding to current appropriations 
provided in this Act: Provided, That such transferred balances are used 
for the same purpose, and for the same periods of time, for which they 
were originally appropriated.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.

[[Page 118 STAT. 276]]

    Sec. 503. (a) No part of any appropriation contained in this Act 
shall be used, other than for normal and recognized executive-
legislative relationships, for publicity or propaganda purposes, for the 
preparation, distribution, or use of any kit, pamphlet, booklet, 
publication, radio, television, or video presentation designed to 
support or defeat legislation pending before the Congress or any State 
legislature, except in presentation to the Congress or any State 
legislature itself.
    (b) No part of any appropriation contained in this Act shall be used 
to pay the salary or expenses of any grant or contract recipient, or 
agent acting for such recipient, related to any activity designed to 
influence legislation or appropriations pending before the Congress or 
any State legislature.
    Sec. 504. The Secretaries of Labor and Education are authorized to 
make available not to exceed $28,000 and $20,000, respectively, from 
funds available for salaries and expenses under titles I and III, 
respectively, for official reception and representation expenses; the 
Director of the Federal Mediation and Conciliation Service is authorized 
to make available for official reception and representation expenses not 
to exceed $5,000 from the funds available for ``Salaries and expenses, 
Federal Mediation and Conciliation Service''; and the Chairman of the 
National Mediation Board is authorized to make available for official 
reception and representation expenses not to exceed $5,000 from funds 
available for ``Salaries and expenses, National Mediation Board''.
    Sec. 505. Notwithstanding any other provision of this Act, no funds 
appropriated under this Act shall be used to carry out any program of 
distributing sterile needles or syringes for the hypodermic injection of 
any illegal drug.
    Sec. 506. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds made 
available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    (c) If it has been finally determined by a court or Federal agency 
that any person intentionally affixed a label bearing a ``Made in 
America'' inscription, or any inscription with the same meaning, to any 
product sold in or shipped to the United States that is not made in the 
United States, the person shall be ineligible to receive any contract or 
subcontract made with funds made available in this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described in 
sections 9.400 through 9.409 of title 48, Code of Federal Regulations.
    Sec. 507. When issuing statements, press releases, requests for 
proposals, bid solicitations and other documents describing projects or 
programs funded in whole or in part with Federal money, all grantees 
receiving Federal funds included in this Act, including but not limited 
to State and local governments and recipients of Federal research 
grants, shall clearly state: (1) the percentage of the total costs of 
the program or project which will be financed with Federal money; (2) 
the dollar amount of Federal funds for the project or program; and (3) 
percentage and dollar amount of the total costs of the project or 
program that will be financed by non-governmental sources.

[[Page 118 STAT. 277]]

    Sec. 508. (a) <<NOTE: Abortions.>> None of the funds appropriated 
under this Act, and none of the funds in any trust fund to which funds 
are appropriated under this Act, shall be expended for any abortion.

    (b) None of the funds appropriated under this Act, and none of the 
funds in any trust fund to which funds are appropriated under this Act, 
shall be expended for health benefits coverage that includes coverage of 
abortion.
    (c) The term ``health benefits coverage'' means the package of 
services covered by a managed care provider or organization pursuant to 
a contract or other arrangement.
    Sec. 509. (a) The limitations established in the preceding section 
shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    Sec. 510. (a) None of the funds made available in this Act may be 
used for--
            (1) <<NOTE: Embryos.>> the creation of a human embryo or 
        embryos for research purposes; or
            (2) research in which a human embryo or embryos are 
        destroyed, discarded, or knowingly subjected to risk of injury 
        or death greater than that allowed for research on fetuses in 
        utero under 45 CFR 46.208(a)(2) and section 498(b) of the Public 
        Health Service Act (42 U.S.C. 289g(b)).

    (b) For purposes of this section, the term ``human embryo or 
embryos'' includes any organism, not protected as a human subject under 
45 CFR 46 as of the date of the enactment of this Act, that is derived 
by fertilization, parthenogenesis, cloning, or any other means from one 
or more human gametes or human diploid cells.
    Sec. 511. (a) <<NOTE: Drugs and drug abuse.>> None of the funds made 
available in this Act may be used for any activity that promotes the 
legalization of any drug or other substance included in schedule I of 
the schedules of controlled substances established by section 202 of the 
Controlled Substances Act (21 U.S.C. 812).

    (b) The limitation in subsection (a) shall not apply when there is 
significant medical evidence of a therapeutic advantage to the use of 
such drug or other substance or that federally sponsored clinical trials 
are being conducted to determine therapeutic advantage.
    Sec. 512. None of the funds made available in this Act may be 
obligated or expended to enter into or renew a contract with an entity 
if--

[[Page 118 STAT. 278]]

            (1) such entity is otherwise a contractor with the United 
        States and is subject to the requirement in section 4212(d) of 
        title 38, United States Code, regarding submission of an annual 
        report to the Secretary of Labor concerning employment of 
        certain veterans; and
            (2) such entity has not submitted a report as required by 
        that section for the most recent year for which such requirement 
        was applicable to such entity.

    Sec. 513. None of the funds made available in this Act may be used 
to promulgate or adopt any final standard under section 1173(b) of the 
Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing 
for the assignment of, a unique health identifier for an individual 
(except in an individual's capacity as an employer or a health care 
provider), until legislation is enacted specifically approving the 
standard.
    Sec. 514. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 515. (a) In General.--Amounts made available under this Act for 
the administrative and related expenses for departmental management for 
the Department of Labor, the Department of Health and Human Services, 
and the Department of Education shall be reduced on a pro rata basis by 
$50,000,000: Provided, That not later 
than <<NOTE: Deadline. Reports.>> 15 days after the enactment of this 
Act, the Director of the Office of Management and Budget shall report to 
the House and Senate Committees on Appropriations the accounts subject 
to the pro rata reductions and the amount to be reduced in each account.

    (b) Limitation.--The reduction required by subsection (a) shall not 
apply to the Food and Drug Administration and the Indian Health Service.
    Sec. 516. None of the funds made available by this Act to carry out 
the Library Services and Technology Act may be made available to any 
library covered by paragraph (1) of section 224(f) of such Act (20 
U.S.C. 9134(f)), as amended by the Children's Internet Protections Act, 
unless such library has made the certifications required by paragraph 
(4) of such section.
    Sec. 517. None of the funds made available by this Act to carry out 
part D of title II of the Elementary and Secondary Education Act of 1965 
may be made available to any elementary or secondary school covered by 
paragraph (1) of section 2441(a) of such Act (20 U.S.C. 6777(a)), as 
amended by the Children's Internet Protections Act and the No Child Left 
Behind Act, unless the local educational agency with responsibility for 
such covered school has made the certifications required by paragraph 
(2) of such section.
    This division may be cited as the ``Departments of Labor, Health and 
Human Services, and Education, and Related Agencies Appropriations Act, 
2004''.

[[Page 118 STAT. 279]]

     DIVISION F--DEPARTMENTS <<NOTE: Transportation, Treasury, and 
 Independent Agencies Appropriations Act, 2004.>> OF TRANSPORTATION AND 
TREASURY, AND INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

                                 An Act

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

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

                                 TITLE I

                      DEPARTMENT OF TRANSPORTATION

                         Office of the Secretary

    For necessary expenses of the Office of the Secretary, $80,903,000, 
of which not to exceed $2,210,000 shall be available for the immediate 
Office of the Secretary; not to exceed $700,000 shall be available for 
the immediate Office of the Deputy Secretary; not to exceed $15,403,000 
shall be available for the Office of the General Counsel; not to exceed 
$12,312,000 shall be available for the Office of the Under Secretary of 
Transportation for Policy; not to exceed $8,536,000 shall be available 
for the Office of the Assistant Secretary for Budget and Programs; not 
to exceed $2,300,000 shall be available for the Office of the Assistant 
Secretary for Governmental Affairs; not to exceed $24,612,000 shall be 
available for the Office of the Assistant Secretary for Administration; 
not to exceed $1,915,000 shall be available for the Office of Public 
Affairs; not to exceed $1,447,000 shall be available for the Office of 
the Executive Secretariat; not to exceed $700,000 shall be available for 
the Board of Contract Appeals; not to exceed $1,268,000 shall be 
available for the Office of Small and Disadvantaged Business 
Utilization; not to exceed $2,000,000 for the Office of Intelligence and 
Security; and not to exceed $7,500,000 shall be available for the Office 
of the Chief Information Officer: Provided, That the Secretary of 
Transportation is authorized to transfer funds appropriated for any 
office of the Office of the Secretary to any other office of the Office 
of the Secretary: Provided further, That no appropriation for any office 
shall be increased or decreased by more than 5 percent by all such 
transfers: Provided further, That any change in funding greater than 5 
percent shall be submitted for approval to the House and Senate 
Committees on Appropriations: Provided further, That not to exceed 
$60,000 shall be for allocation within the Department for official 
reception and representation expenses as the Secretary may determine: 
Provided further, That notwithstanding any other provision of law, 
excluding

[[Page 118 STAT. 280]]

fees authorized in Public Law 107-71, there may be credited to this 
appropriation up to $2,500,000 in funds received in user fees: Provided 
further, That none of the funds provided in this Act shall be available 
       for the position of Assistant Secretary for Public Affairs.

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

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

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

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

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

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

[[Page 118 STAT. 281]]

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

                     Federal Aviation Administration

    For necessary expenses of the Federal Aviation Administration, not 
otherwise provided for, including operations and research activities 
related to commercial space transportation, administrative expenses for 
research and development, establishment of air navigation facilities, 
the operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold to the public, 
lease or purchase of passenger motor vehicles for replacement only, in 
addition to amounts made available by Public Law 104-264, 
$7,530,925,000, of which $4,500,000,000 shall be derived from the 
Airport and Airway Trust Fund, of which not to exceed $6,053,724,000 
shall be available for air traffic services program activities; not to 
exceed $880,684,000 shall be available for aviation regulation and 
certification program activities; not to exceed $218,481,000 shall be 
available for research and acquisition program activities; not to exceed 
$11,776,000 shall be available for commercial space transportation 
program activities; not to exceed $49,783,000 shall be available for 
financial services program activities; not to exceed $76,529,000 shall 
be available for human resources program activities; not to exceed 
$86,749,000 shall be available for regional coordination program 
activities; not to exceed $143,150,000 shall be available for staff 
offices; and not to exceed $29,681,000 shall be available for 
information services: Provided, That none of the funds in this Act shall 
be available for the Federal Aviation Administration to finalize or 
implement any regulation that would promulgate new aviation user fees 
not specifically authorized by law after the date of the enactment of 
this Act: Provided further, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
foreign authorities, other public authorities, and private sources, for 
expenses incurred in the provision of agency services, including 
receipts for the maintenance and operation of air navigation facilities, 
and for issuance, renewal or modification of certificates, including 
airman, aircraft, and repair station certificates, or for tests related 
thereto, or for processing major repair or alteration forms: Provided 
further, That of the funds appropriated under this heading, not less 
than $6,500,000 shall be for the contract tower cost-sharing program: 
Provided further, That funds may be used to enter into a grant agreement 
with a nonprofit standard-setting organization to assist in the 
development of aviation safety standards: Provided further, That none of 
the funds in this Act shall be available for new applicants for the 
second career training program: Provided further, That none of the funds 
in this Act shall be available for paying premium pay under 5 U.S.C. 
5546(a) to any Federal Aviation Administration employee unless such 
employee actually performed work during the time corresponding to such 
premium pay: Provided further, That none of the funds in this Act may be 
obligated or expended to operate a manned auxiliary flight service 
station in the contiguous United States: Provided further, That none of 
the funds in this Act for aeronautical charting and cartography are 
available for activities conducted by, or coordinated through, the 
Working Capital Fund: Provided further, That of the

[[Page 118 STAT. 282]]

amount appropriated under this heading, not to exceed $50,000 may be 
transferred to the Aircraft Loan Purchase Guarantee Program: Provided 
further, <<NOTE: Deadline. Regulations. 5 USC 8335 note. Facilities and 
Equipment (airport and airway trust fund)>> That not later than March 1, 
2004, the Secretary of Transportation, in consultation with the 
Administrator of the Federal Aviation Administration, shall issue final 
regulations, pursuant to 5 U.S.C. 8335, establishing an exemption 
process allowing individual air traffic controllers to delay mandatory 
retirement until the employee reaches no later than 61 years of age: 
Provided further, That of the funds provided under this heading, 
$4,000,000 is available only for recruitment, personnel compensation and 
benefits, and related costs to raise the level of operational air 
traffic control supervisors to the level of 1,726: Provided further, 
That none of the funds in this Act may be obligated or expended to 
execute or continue to implement a memorandum of understanding or 
memorandum of agreement (or any revisions thereto) with representatives 
of any FAA bargaining unit after January 1, 2004, unless such document 
is filed in a central registry and catalogued in an automated, 
searchable database under the executive direction of appropriate 
management representatives at FAA headquarters: Provided further, That 
none of the funds in this Act may be obligated or expended for an 
employee of the Federal Aviation Administration to purchase a store gift 
card or gift certificate through use of a Government-issued credit card.

    For necessary expenses, not otherwise provided for, for acquisition, 
establishment, technical support services, improvement by contract or 
purchase, and hire of air navigation and experimental facilities and 
equipment, as authorized under part A of subtitle VII of title 49, 
United States Code, including initial acquisition of necessary sites by 
lease or grant; engineering and service testing, including construction 
of test facilities and acquisition of necessary sites by lease or grant; 
construction and furnishing of quarters and related accommodations for 
officers and employees of the Federal Aviation Administration stationed 
at remote localities where such accommodations are not available; and 
the purchase, lease, or transfer of aircraft from funds available under 
this heading; to be derived from the Airport and Airway Trust Fund, 
$2,910,000,000, of which $2,489,158,800 shall remain available until 
September 30, 2006, and of which $420,841,200 shall remain available 
until September 30, 2004: Provided, That there may be credited to this 
appropriation funds received from States, counties, municipalities, 
other public authorities, and private sources, for expenses incurred in 
the establishment and modernization of air navigation facilities: 
Provided further, That upon initial submission to the Congress of the 
fiscal year 2005 President's budget, the Secretary of Transportation 
shall transmit to the Congress a comprehensive capital investment plan 
for the Federal Aviation Administration which includes funding for each 
budget line item for fiscal years 2005 through 2009, with total funding 
for each year of the plan constrained to the funding targets for those 
years as estimated and approved by the Office of Management and Budget: 
Provided further, That of the funds provided under this heading, not 
less than $3,000,000 is for contract audit services provided by the 
Defense Contract Audit Agency: Provided further, That of the funds

[[Page 118 STAT. 283]]

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

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

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

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

[[Page 118 STAT. 284]]

    Sec. 101. <<NOTE: 49 USC 44502 note.>> Notwithstanding any other 
provision of law, airports may transfer, without consideration, to the 
Federal Aviation Administration (FAA) instrument landing systems (along 
with associated approach lighting equipment and runway visual range 
equipment) which conform to FAA design and performance specifications, 
the purchase of which was assisted by a Federal airport-aid program, 
airport development aid program or airport improvement program grant: 
Provided, That, the Federal Aviation Administration shall accept such 
equipment, which shall thereafter be operated and maintained by FAA in 
accordance with agency criteria.

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

[[Page 118 STAT. 285]]

                     Federal Highway Administration

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

    None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be 
available for the implementation or execution of programs, the 
obligations for which are in excess of $33,843,000,000 for Federal-aid 
highways and highway safety construction programs for fiscal year 2004: 
Provided, That within the $33,843,000,000 obligation limitation on 
Federal-aid highways and highway safety construction programs, not more 
than $462,500,000 shall be available for the implementation or execution 
of programs for transportation research (sections 502, 503, 504, 506, 
507, and 508 of title 23, United States Code, as amended; section 5505 
of title 49, United States Code, as amended; and sections 5112 and 5204-
5209 of Public Law 105-178) for fiscal year 2004: Provided further, That 
this limitation on transportation research programs shall not apply to 
any authority previously made available for obligation: Provided 
further, That within the $232,000,000 obligation limitation on 
Intelligent Transportation Systems, the following sums shall be made 
available for Intelligent Transportation System projects that are 
designed to achieve the goals and purposes set forth in section 5203 of 
the Intelligent Transportation Systems Act of 1998 (subtitle C of title 
V of Public Law 105-178; 112 Stat. 453; 23 U.S.C. 502 note) in the 
following specified areas:
            City of Huntsville, Alabama, ITS, $4,500,000;
            511 Traveler Information Program in North Carolina, 
        $400,000;
            Advanced Ticket Collection and Passenger Information 
        Systems, New Jersey, $750,000;
            Advanced Traffic Analysis Center, North Dakota, $200,000;
            Advanced Transportation Management Systems (ATMS), 
        Montgomery County, Maryland, $500,000;
            Alameda Corridor-East Gateway to America Project Phase II, 
        Los Angeles, California, $1,200,000;
            Alexandria ITS Real-Time Transit Enhancement Pilot Project, 
        $410,000;
            Altarum Restricted Use Technology Study, $1,750,000;
            Altoona, Pennsylvania, ITS, $800,000;
            Amber Alert Multi-Regional Strategic Plan, $400,000;

[[Page 118 STAT. 286]]

            ATR Transportation Technology/CVISN, New Mexico, $175,000;
            Auburn, Auburn Way South ITS, Washington, $1,600,000;
            Bay County Area Wide Traffic Signal System, $750,000;
            Cargo Watch Logistics Information System, New York, 
        $2,500,000;
            Carson Passenger Information System, $300,000;
            CCTA Intelligent Transportation Systems, Vermont, $300,000;
            City of Baltimore, Maryland Traffic Congestion Management, 
        $200,000;
            City of Boston Intelligent Transportation Systems, 
        Massachusetts, $1,000,000;
            City of New Rochelle, NY Traffic Signal Replacement Program, 
        $500,000;
            City of Santa Rosa, Intelligent Transportation System, 
        $300,000;
            Clark County Transit, VAST ITS, Washington, $1,600,000;
            Computerization of traffic signals in Ashtabula, Ohio, 
        $14,000;
            Corona City-wide automated traffic management system, 
        $1,000,000;
            DelTrac Statewide Integration, Delaware, $1,000,000;
            Demonstration project to deploy Geospatial Emergency & 
        Response System (GEARS) for transportation, $150,000;
            Detroit Metro Airport ITS, $350,000;
            DuPage County Signal Interconnection Project, $300,000;
            Elk Grove Traffic Operations Center, $960,000;
            Fairfax County Route 1 Traffic Synchronization ITS Pilot 
        Project, $500,000;
            FAST Las Vegas (ITS--Phase 2)--Construction, $300,000;
            Fiber Optic Signal Interconnect System, Tuscon, Arizona, 
        $3,500,000;
            George Washington University, Virginia Campus, $500,000;
            Germantown Parkway ITS Project, Tennessee, $3,000,000;
            GMU ITS Research, Virginia, $500,000;
            Great Lakes ITS, Michigan, $3,000,000;
            Greater Philadelphia Chamber of Commerce ITS System, 
        Pennsylvania, $1,500,000;
            Harbor Boulevard Intelligent Transportation, $800,000;
            Hawthorne Street Public Access Improvements, New Bedford, 
        Massachusetts, $150,000;
            Hillsborough Area Regional Transit: Bus Tracking, 
        Communication and Security, Florida, $750,000;
            Houma, Louisiana, $1,250,000;
            Houston ITS, $1,500,000;
            I-70 Incident Management Plan Implementation, Colorado, 
        $2,500,000;
            I-87 Highway Speed E-Z Pass at the Woodbury Toll Barrier, 
        $1,750,000;
            I-87 Smart Corridor, $1,000,000;
            I-90 Phase 2 Connector ITS Testbed--Town of North 
        Greenbush--Rensselaer County, New York, $200,000;
            Illinois Statewide ITS, $3,000,000;
            Implementation of Wisconsin DOT's Fiber Optics Network, 
        $1,000,000;

[[Page 118 STAT. 287]]

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

[[Page 118 STAT. 288]]

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

[[Page 118 STAT. 289]]

            Ventura County Intelligent Transportation System, 
        $1,000,000;
            West Baton Rouge Parish Joint Operations Emergency 
        Communications Center, $800,000;
            Wisconsin CVISN Level One Deployment, $800,000; and
                    Wyoming Statewide ITS Initiative, $4,000,000.

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

    Notwithstanding any other provision of law, from the available 
unobligated balances under the programs for which funds are authorized 
under sections 1101(a)(1), 1101(a)(2), 1101(a)(3), 1101(a)(4), and 
1101(a)(5) of Public Law 105-178, as amended, $15,000,000 shall be made 
available for planning and design activities, and initiation of 
construction of the project at Pennsylvania Avenue in front of the White 
House; $20,000,000 shall be made available to provide grants to States 
for the development or enhancement of notification or communications 
systems along highways for alerts and other information for the recovery 
of abducted children under section 303 of Public Law 108-21; $8,000,000 
shall be made available to the Federal Motor Carrier Safety 
Administration to make grants to States for implementation of section 
210 of Public Law 106-159; $3,500,000 shall be made available to the 
Federal Motor Carrier Safety Administration for necessary operating 
expenses and personnel for implementation of section 210 of Public Law 
106-159; $23,000,000 shall be made available to the Federal Motor 
Carrier Safety Administration to make grants to States for southern 
border State operations for the purposes described in 49 U.S.C. 
31104(f)(2)(B); $9,000,000 shall be made available to the Federal Motor 
Carrier Safety Administration to make grants to States for northern 
border truck inspections; $21,000,000 shall be made available to the 
Federal Motor Carrier Safety Administration to make grants to States, 
local governments, or other entities for commercial driver's license 
program improvements; $47,000,000 shall be made available to make grants 
to States for construction of State border safety inspection facilities 
at the United States border with Mexico; and $150,545,000 shall be made 
available to the National Highway Traffic Safety Administration for 
expenses necessary to discharge the functions of the Secretary, with 
respect to traffic and highway safety under chapter

[[Page 118 STAT. 290]]

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

                          Federal-Aid Highways

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

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

    Sec. 110. (a) <<NOTE: 23 USC 104 note.>> For fiscal year 2004, the 
Secretary of Transportation shall--
            (1) not distribute from the obligation limitation for 
        Federal-aid Highways amounts authorized for administrative 
        expenses and programs funded from the administrative takedown 
        authorized by section 104(a)(1)(A) of title 23, United States 
        Code, for the highway use tax evasion program, for the Bureau of 
        Transportation Statistics and for the programs, projects, and 
        activities for which funds are made available under the heading

[[Page 118 STAT. 291]]

        ``Federal-Aid Highways, Miscellaneous Highway and Highway Safety 
        Programs'' in this Act;
            (2) not distribute an amount from the obligation limitation 
        for Federal-aid Highways that is equal to the unobligated 
        balance of amounts made available from the Highway Trust Fund 
        (other than the Mass Transit Account) for Federal-aid highways 
        and highway safety programs for the prior fiscal years the funds 
        for which are allocated by the Secretary;
            (3) determine the ratio that--
                    (A) the obligation limitation for Federal-aid 
                Highways less the aggregate of amounts not distributed 
                under paragraphs (1) and (2), bears to
                    (B) the total of the sums authorized to be 
                appropriated for Federal-aid highways and highway safety 
                construction programs (other than sums authorized to be 
                appropriated for sections set forth in paragraphs (1) 
                through (7) of subsection (b) and sums authorized to be 
                appropriated for section 105 of title 23, United States 
                Code, equal to the amount referred to in subsection 
                (b)(8)) for such fiscal year less the aggregate of the 
                amounts not distributed under paragraph (1) of this 
                subsection;
            (4) distribute the obligation limitation for Federal-aid 
        Highways less the aggregate amounts not distributed under 
        paragraphs (1) and (2) for section 201 of the Appalachian 
        Regional Development Act of 1965 and $2,000,000,000 for such 
        fiscal year under section 105 of title 23, United States Code 
        (relating to minimum guarantee) so that the amount of obligation 
        authority available for each of such sections is equal to the 
        amount determined by multiplying the ratio determined under 
        paragraph (3) by the sums authorized to be appropriated for such 
        section (except in the case of section 105, $2,000,000,000) for 
        such fiscal year;
            (5) distribute the obligation limitation provided for 
        Federal-aid Highways less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraph (4) for each of the programs that are allocated by the 
        Secretary under title 23, United States Code (other than 
        activities to which paragraph (1) applies and programs to which 
        paragraph (4) applies) by multiplying the ratio determined under 
        paragraph (3) by the sums authorized to be appropriated for such 
        program for such fiscal year; and
            (6) distribute the obligation limitation provided for 
        Federal-aid Highways less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and amounts distributed under 
        paragraphs (4) and (5) for Federal-aid highways and highway 
        safety construction programs (other than the minimum guarantee 
        program, but only to the extent that amounts apportioned for the 
        minimum guarantee program for such fiscal year exceed 
        $2,639,000,000, and the Appalachian development highway system 
        program) that are apportioned by the Secretary under title 23, 
        United States Code, in the ratio that--
                    (A) sums authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                    (B) the total of the sums authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.

[[Page 118 STAT. 292]]

    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid Highways shall not apply to obligations: (1) 
under section 125 of title 23, United States Code; (2) under section 147 
of the Surface Transportation Assistance Act of 1978; (3) under section 
9 of the Federal-Aid Highway Act of 1981; (4) under sections 131(b) and 
131(j) of the Surface Transportation Assistance Act of 1982; (5) under 
sections 149(b) and 149(c) of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987; (6) under sections 1103 through 1108 
of the Intermodal Surface Transportation Efficiency Act of 1991; (7) 
under section 157 of title 23, United States Code, as in effect on the 
day before the date of the enactment of the Transportation Equity Act 
for the 21st Century; (8) under section 105 of title 23, United States 
Code (but, only in an amount equal to $639,000,000 for such fiscal 
year); and for Federal-aid highway programs for which obligation 
authority was made available under the Transportation Equity Act for the 
21st Century or subsequent public laws for multiple years or to remain 
available until used, but only to the extent that such obligation 
authority has not lapsed or been used.
    (c) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (a), the Secretary shall after August 1 for such fiscal year 
revise a distribution of the obligation limitation made available under 
subsection (a) if a State will not obligate the amount distributed 
during that fiscal year and redistribute sufficient amounts to those 
States able to obligate amounts in addition to those previously 
distributed during that fiscal year giving priority to those States 
having large unobligated balances of funds apportioned under sections 
104 and 144 of title 23, United States Code, section 160 (as in effect 
on the day before the enactment of the Transportation Equity Act for the 
21st Century) of title 23, United States Code, and under section 1015 of 
the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 
1943-1945).
    (d) Applicability of Obligation Limitations to Transportation 
Research Programs.--The obligation limitation shall apply to 
transportation research programs carried out under chapter 5 of title 
23, United States Code, except that obligation authority made available 
for such programs under such limitation shall remain available for a 
period of 3 fiscal years.
    (e) Redistribution <<NOTE: Deadline.>> of Certain Authorized 
Funds.--Not later than 30 days after the date of the distribution of 
obligation limitation under subsection (a), the Secretary shall 
distribute to the States any funds: (1) that are authorized to be 
appropriated for such fiscal year for Federal-aid highways programs 
(other than the program under section 160 of title 23, United States 
Code) and for carrying out subchapter I of chapter 311 of title 49, 
United States Code, and highway-related programs under chapter 4 of 
title 23, United States Code; and (2) that the Secretary determines will 
not be allocated to the States, and will not be available for 
obligation, in such fiscal year due to the imposition of any obligation 
limitation for such fiscal year. Such distribution to the States shall 
be made in the same ratio as the distribution of obligation authority 
under subsection (a)(6). The funds so distributed shall be available for 
any purposes described in section 133(b) of title 23, United States 
Code.

    (f) Special Rule.--Obligation limitation distributed for a fiscal 
year under subsection (a)(4) of this section for a section set forth

[[Page 118 STAT. 293]]

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

    Sec. 112. Notwithstanding any other provision of law, in section 
1602 of the <<NOTE: 112 Stat. 256.>> Transportation Equity Act for the 
21st Century:
            (1) Item number 230 is amended by striking ``Monroe County 
        transportation improvements on Long Pond Road, Pattonwood Road, 
        and Lyell road'' and inserting ``Route 531/Brockport-Rochester 
        Corridor in Monroe County, New York''.
            (2) Item number 1149 is amended by striking ``Traffic 
        Mitigation Project on William Street and Losson Road in 
        Cheektowaga'' and inserting ``Study and implement mitigation

[[Page 118 STAT. 294]]

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

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

[[Page 118 STAT. 295]]

Federal agency to carry out a project funded under this section, such 
funds to be then administered by the procedures of the Federal agency to 
which such funds may be transferred: Provided further, That all funds 
made available for obligation under this section shall be available in 
the same manner as though such funds were apportioned under chapter 1 of 
title 23, United States Code, except that the Federal share payable on 
account of any program, project, or activity carried out with funds made 
available under this heading shall be 100 percent and such funds shall 
remain available for obligation until expended: Provided further, That 
all funds made available in this section shall be subject to any 
limitation on obligations for Federal-aid highways and highway safety 
construction programs set forth in this Act or any other Act.
    Sec. 116. <<NOTE: Wisconsin.>> Notwithstanding Public Law 105-178, 
section 5208(d), Intelligent Transportation Systems appropriations for--
            (1) Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, in 
        Public Law 105-277 and Public Law 106-69 shall be available for 
        use in the counties of Ashland, Barron, Bayfield, Burnett, 
        Chippewa, Douglas, Iron, Lincoln, Marathon, Polk, Portage, 
        Price, Rusk, Sawyer, Taylor, Washburn, Wood, Clark, Langlade, 
        and Oneida; and
            (2) the City of Superior and Douglas County, Wisconsin, in 
        Public Law 106-69 shall be available for use in the City of 
        Superior and northern Wisconsin.

    Sec. <<NOTE: Contracts. Nevada. Arizona.>> 117. (a) In General.--As 
soon as practicable after the date of enactment of this Act, the 
Secretary of Transportation shall enter into an agreement with the State 
of Nevada, the State of Arizona, or both, to provide a method of funding 
for construction of a Hoover Dam Bypass Bridge from funds allocated for 
the Federal Lands Highway Program under section 202(b) of title 23, 
United States Code.

    (b) Methods of Funding.--
            (1) The agreement entered into under subsection (a) shall 
        provide for funding in a manner consistent with the advance 
        construction and debt instrument financing procedures for 
        Federal-aid highways set forth in section 115 and 122 of title 
        23, except that the funding source may include funds made 
        available under the Federal Lands Highway Program.
            (2) Eligibility for funding under this subsection shall not 
        be construed as a commitment, guarantee, or obligation on the 
        part of the United States to provide for payment of principal or 
        interest of an eligible debt financing instrument as so defined 
        in section 122, nor create a right of a third party against the 
        United States for payment under an eligible debt financing 
        instrument. The agreement entered into pursuant to subsection 
        (a) shall make specific reference to this provision of law.
            (3) The provisions of this section do not limit the use of 
        other available funds for which the project referenced in 
        subsection (a) is eligible.

    Sec. 118. <<NOTE: 105 Stat. 2060.>> Section 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991, item number 8, is amended 
by striking ``To relocate'' and all that follows through ``Street'' and 
inserting the following, ``For road improvements and non-motorized 
enhancements in the Detroit East Riverfront, Detroit, Michigan''.

[[Page 118 STAT. 296]]

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

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

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

    Sec. 123. (a) Section 14501 of title 40, United States Code, is 
amended in the third sentence by striking ``three thousand and twenty-
five'' and inserting ``three thousand and ninety''.
    (b) There is hereby designated as Corridor X-1 in Alabama an 
addition to the Appalachian development highway system. Corridor X-1 
shall extend approximately 65 miles along the alignment of the 
Birmingham Northern Beltline from Interstate 20/59, in the vicinity of 
Interstate 459 southwest of Birmingham, and extending northward crossing 
State Route 269 and Corridor X and continuing eastward crossing 
Interstate 65, United States Route 31, State Route 79, State Route 75, 
Interstate 59, United States Route 11, United States Route 411, and 
connecting to Interstate 20 to the east of Birmingham. Corridor X-1 
shall be developed as a multi-lane freeway, with interchanges at 
appropriate crossroad locations.
    Sec. 124. Motorist Information Concerning Pharmacy Services. (a) In 
General.--Not <<NOTE: Deadline.>> later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall amend the 
Manual on Uniform Traffic Control Devices to include a provision 
permitting information to be provided to motorists to assist motorists 
in locating licensed 24-hour pharmacy services open to the public.

    (b) Logo Panel.--The provision under subsection (a) may allow 
placement of a logo panel that displays information disclosing the names 
or logos of pharmacies described in subsection (a) that are

[[Page 118 STAT. 297]]

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

               Federal Motor Carrier Safety Administration

    Notwithstanding any other provision of law, none of the funds in 
this Act shall be available for expenses for administration of motor 
carrier safety programs and motor carrier safety research, the 
obligations for which are in excess of $176,070,000 for fiscal

[[Page 118 STAT. 298]]

year 2004: Provided, That notwithstanding any other provision of law, 
for payment of obligations incurred to pay administrative expenses of 
the Federal Motor Carrier Safety Administration, $176,070,000, to be 
derived from the Highway Trust Fund and to remain available until 
                                expended.

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

    Sec. 130. <<NOTE: Reports.>> Funds appropriated or limited in this 
Act shall be subject to the terms and conditions stipulated in section 
350 of Public Law 107-87, including that the Secretary submit a report 
to the House and Senate Appropriations Committees annually on the safety 
and security of transportation into the United States by Mexico-
domiciled motor carriers.

    Sec. 131. No funds appropriated or otherwise made available by this 
Act may be used to implement or enforce any provisions of the Final 
Rule, issued on April 16, 2003 (Docket No. FMCSA-97-2350), with respect 
to either of the following:
            (1) The operators of utility service vehicles, as that term 
        is defined in section 395.2 of title 49, Code of Federal 
        Regulations.
            (2) Maximum daily hours of service for drivers engaged in 
        the transportation of property or passengers to or from a motion 
        picture or television production site located within a 100-air 
        mile radius of the work reporting location of such drivers.

             National Highway Traffic Safety Administration

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

[[Page 118 STAT. 299]]

programs the total obligations for which, in fiscal year 2004, are in 
   excess of $72,000,000 for programs authorized under 23 U.S.C. 403.

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

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

    Sec. 140. Notwithstanding any other provision of law, States may use 
funds provided in this Act under section 402 of title 23, United States 
Code, to produce and place highway safety public service messages in 
television, radio, cinema, and print media, and on the Internet in 
accordance with guidance issued by the Secretary of Transportation: 
Provided, <<NOTE: Reports.>> That any State that uses funds for such 
public service messages shall submit to the Secretary a report 
describing and assessing the effectiveness of the messages: Provided 
further, That $10,000,000 of the funds allocated under section 157 of 
title 23, United States Code, shall be used as directed

[[Page 118 STAT. 300]]

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

                     Federal Railroad Administration

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

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

     The Secretary of Transportation is authorized to issue to the 
Secretary of the Treasury notes or other obligations pursuant to section 
512 of the Railroad Revitalization and Regulatory Reform Act of 1976 
(Public Law 94-210), as amended, in such amounts and at such times as 
may be necessary to pay any amounts required

[[Page 118 STAT. 301]]

pursuant to the guarantee of the principal amount of obligations under 
sections 511 through 513 of such Act, such authority to exist as long as 
any such guaranteed obligation is outstanding: Provided, That pursuant 
to section 502 of such Act, as amended, no new direct loans or loan 
guarantee commitments shall be made using Federal funds for the credit 
risk premium during fiscal year 2004: Provided further, That no payments 
of principal or interest shall be collected during fiscal year 2004 for 
the direct loan made to the National Railroad Passenger Corporation 
                     under section 502 of such Act.

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

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

    To enable the Secretary of Transportation to make quarterly grants 
to the National Railroad Passenger Corporation, $1,225,000,000, to 
remain available until September 30, 2004: Provided, That the Secretary 
of Transportation shall approve funding to cover operating losses and 
capital expenditures, including advance purchase orders, for the 
National Railroad Passenger Corporation only after receiving and 
reviewing a grant request for each specific train route: Provided 
further, That each such grant request shall be accompanied by a detailed 
financial analysis, revenue projection, and capital expenditure 
projection justifying the Federal support to the Secretary's 
satisfaction: Provided further, That the Secretary of Transportation 
shall reserve $60,000,000 of the funds provided under this heading and 
is authorized to transfer such sums to the Surface Transportation Board, 
upon request from said Board, to carry out directed service orders 
issued pursuant to section 11123 of title 49, United States Code, to 
respond to the cessation of commuter rail operations by the National 
Railroad Passenger Corporation: Provided further, That the Secretary of 
Transportation shall make the reserved funds available to the National 
Railroad Passenger Corporation through an appropriate grant instrument 
during the fourth quarter of fiscal year 2004 to the extent that no 
directed service orders have been issued by the Surface Transportation 
Board as of the date of transfer or there is a balance of reserved funds 
not needed by the Board to pay for any directed service order issued 
through September 30, 2004: Provided further, <<NOTE: Deadline.>> That 
not later than 60 days after enactment of this Act, Amtrak shall 
transmit, in electronic format, to the Secretary of Transportation, the 
House and Senate Committees on Appropriations, the House Committee on 
Transportation and Infrastructure and the Senate Committee on Commerce, 
Science, and Transportation a comprehensive business plan approved by 
the Board of Directors for fiscal year 2005 under section 24104(a)

[[Page 118 STAT. 302]]

of title 49, United States Code: Provided further, That the business 
plan shall include, as applicable, targets for ridership, revenues, and 
capital and operating expenses: Provided further, That the plan shall 
also include a separate accounting of such targets for the Northeast 
Corridor; commuter service; long-distance Amtrak service; state-
supported service; each intercity train route; including Autotrain; and 
commercial activities including contract operations and mail and 
express: Provided further, That the business plan shall include a 
description of the work to be funded, along with cost estimates and an 
estimated timetable for completion of the projects covered by this 
business plan: Provided further, <<NOTE: Deadlines. Reports.>> That not 
later than December 1, 2003 and no later than 30 days following the last 
business day of the previous month thereafter, Amtrak shall submit to 
the Secretary of Transportation and the House and Senate Committees on 
Appropriations a supplemental report, in electronic format, regarding 
the pending business plan, which shall describe the work completed to 
date, any changes to the business plan, and the reasons for such 
changes: Provided further, That none of the funds in this Act may be 
used for operating expenses, including advance purchase orders, and 
capital projects not approved by the Secretary of Transportation nor on 
the National Railroad Passenger Corporation's fiscal year 2004 business 
plan: Provided further, <<NOTE: Public information. General Provisions--
Federal Railroad Administration>> That Amtrak shall display the business 
plan and all subsequent supplemental plans on the Corporation's website 
within a reasonable timeframe following their submission to the 
appropriate entities: Provided further, That none of the funds under 
this heading may be obligated or expended until the National Railroad 
Passenger Corporation agrees to continue abiding by the provisions of 
paragraphs 1, 2, 3, 5, 9, and 11 of the summary of conditions for the 
direct loan agreement of June 28, 2002, in the same manner as in effect 
                  on the date of enactment of this Act.

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

[[Page 118 STAT. 303]]

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

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

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

    Sec. 151. <<NOTE: Procedures. 49 USC 24101 note.>> For the purpose 
of assisting State-supported intercity rail service, in order to 
demonstrate whether competition will provide higher quality rail 
passenger service at reasonable prices, the Secretary of Transportation, 
working with affected States, shall develop and implement a procedure 
for fair competitive bidding by Amtrak and non-Amtrak operators for 
State-supported routes: Provided, That in the event a State desires to 
select or selects a non-Amtrak operator for the route, the State may 
make an agreement with Amtrak to use facilities and equipment of, or 
have services provided by, Amtrak under terms agreed to by the State and 
Amtrak to enable the non-Amtrak operator to provide the State-supported 
service: Provided further, That if the parties cannot agree on terms, 
the Secretary shall, as a condition of receipt of Federal grant funds, 
order that the facilities and equipment be made available and the 
services be provided by Amtrak under reasonable terms and compensation: 
Provided further, That when prescribing reasonable compensation to 
Amtrak, the Secretary shall consider quality of service as a major 
factor when determining whether, and the extent to which, the amount of 
compensation shall be greater than the incremental costs of using the 
facilities and providing the services: Provided further, That the 
Secretary

[[Page 118 STAT. 304]]

may reprogram up to $2,500,000 from the Amtrak operating grant funds for 
costs associated with the implementation of the fair bid procedure and 
demonstration of competition under this section.

                     Federal Transit Administration

    For necessary administrative expenses of the Federal Transit 
Administration's programs authorized by chapter 53 of title 49, United 
States Code, $15,100,000: Provided, That no more than $75,500,000 of 
budget authority shall be available for these purposes: Provided 
further, That of the funds available not to exceed $970,938 shall be 
available for the Office of the Administrator; not to exceed $6,755,434 
shall be available for the Office of Administration; not to exceed 
$3,892,622 shall be available for the Office of the Chief Counsel; not 
to exceed $1,168,780 shall be available for the Office of Communication 
and Congressional Affairs; not to exceed $7,157,766 shall be available 
for the Office of Program Management; not to exceed $6,231,332 shall be 
available for the Office of Budget and Policy; not to exceed $4,854,892 
shall be available for the Office of Demonstration and Innovation; not 
to exceed $2,717,034 shall be available for the Office of Civil Rights; 
not to exceed $3,667,320 shall be available for the Office of Planning; 
not to exceed $19,050,044 shall be available for regional offices; and 
not to exceed $16,838,838 shall be available for the central account: 
Provided further, That the Administrator is authorized to transfer funds 
appropriated for an office of the Federal Transit Administration: 
Provided further, That no appropriation for an office shall be increased 
or decreased by more than 3 percent by all such transfers: Provided 
further, That any change in funding greater than 3 percent shall be 
submitted for approval to the House and Senate Committees on 
Appropriations: Provided further, That of the funds in this Act 
available for the execution of contracts under section 5327(c) of title 
49, United States Code, $2,000,000 shall be reimbursed to the Department 
of Transportation's Office of Inspector General for costs associated 
with audits and investigations of transit-related issues, including 
reviews of new fixed guideway systems: Provided further, That not less 
than $2,200,000 for the National transit database shall remain available 
until expended: Provided further, <<NOTE: Reports. Formula 
Grants (including transfer of funds)>> That upon submission to the 
Congress of the fiscal year 2005 President's budget, the Secretary of 
Transportation shall transmit to Congress the annual report on new 
starts, proposed allocations of funds for fiscal year 2005: Provided 
further, That the amount herein appropriated shall be reduced by 
$100,000 per day for each day after initial submission of the 
President's budget that the report has not been submitted to the 
                                Congress.

    For necessary expenses to carry out 49 U.S.C. 5307, 5308, 5310, 
5311, 5327, and section 3038 of Public Law 105-178, $767,800,000, to 
remain available until expended: Provided, That no more than 
$3,839,000,000 of budget authority shall be available for these 
purposes: Provided further, That notwithstanding section 3008 of Public 
Law 105-178, $50,000,000 of the funds to carry

[[Page 118 STAT. 305]]

out 49 U.S.C. 5308 shall be transferred to and merged with funding 
provided for the replacement, rehabilitation, and purchase of buses and 
related equipment and the construction of bus-related facilities under 
     ``Federal Transit Administration, Capital investment grants''.

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

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

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

    For necessary expenses to carry out 49 U.S.C. 5308, 5309, 5318, and 
5327, $627,500,000, to remain available until expended: Provided, That 
no more than $3,137,500,000 of budget authority shall be available for 
these purposes: Provided further, That there

[[Page 118 STAT. 306]]

shall be available for fixed guideway modernization, $1,206,506,000; 
there shall be available for the replacement, rehabilitation, and 
purchase of buses and related equipment and the construction of bus-
related facilities, $607,200,000, which shall include $50,000,000 made 
available under 5309(m)(3)(C) of this title, plus $50,000,000 
transferred from ``Federal Transit Administration, Formula Grants'' and 
$20,000,000 transferred from ``Federal Transit Administration, Job 
Access and Reverse Commute Grants''; and there shall be available for 
new fixed guideway systems $1,323,794,000, together with $2,331,545 in 
unobligated balances made available in Public Law 106-69 and $2,182,937 
in unobligated balances made available in Public Law 106-346 to carry 
out section 3037 of Public Law 105-178, as amended, to be available as 
follows:
            Atlanta, Georgia, Northwest Corridor BRT, $2,149,413;
            Baltimore, Maryland, Central Light Rail Double Track 
        Project, $40,000,000;
            BART San Francisco Airport (SFO), California, Extension 
        Project, $100,000,000;
            Birmingham--Transit Corridor, Alabama, $3,500,000;
            Boston, Massachusetts, Silver Line Phase III, $2,000,000;
            Charlotte, North Carolina, South Corridor Light Rail 
        Project, $12,000,000;
            Chicago, Illinois, Metra Commuter Rail Expansions and 
        Extensions, $52,000,000;
            Chicago, Illinois, Ravenswood Reconstruction, $10,000,000;
            Chicago, Illinois, Transit Authority, Douglas Branch 
        Reconstruction, $85,000,000;
            Dallas, Texas, North Central Light Rail Extension, 
        $30,161,283;
            Denver, Colorado, Southeast Corridor LRT (T-REX), 
        $80,000,000;
            East Side Access Project, New York, Phase I, $75,000,000;
            Euclid Corridor Transportation Project, Ohio, $11,000,000;
            Fort Lauderdale, Florida, Tri-Rail Commuter Project, 
        $18,410,000;
            Hawaii and Alaska Ferry Boats, $10,296,000;
            Houston Advanced Metro Transit Plan, Texas, $8,000,000;
            Integrated Intermodal project, Rhode Island, $3,000,000;
            Kenosha-Racine-Milwaukee Commuter Rail Extension, Wisconsin, 
        $3,250,000;
            Las Vegas, Nevada, Resort Corridor Fixed Guideway, MOS, 
        $20,000,000;
            Little Rock, Arkansas, River Rail Streetcar Project, 
        $3,000,000;
            Maine Marine Highway, $1,550,000;
            Memphis, Tennessee, Medical Center Rail Extension, 
        $9,247,588;
            Minneapolis, Minnesota, Hiawatha Corridor Light Rail Transit 
        (LRT), $74,980,000;
            Minneapolis, Minnesota, Northstar Corridor Rail Project, 
        $5,750,000;
            New Orleans, Louisiana, Canal Street Streetcar Project, 
        $23,291,373;
            New York, Second Avenue Subway, $2,000,000;
            Newark, New Jersey, Rail Link (NERL) MOS1, $22,566,022;

[[Page 118 STAT. 307]]

            Northern Oklahoma Regional Multimodal Transportation System, 
        $3,000,000;
            Northern, New Jersey, Hudson-Bergen Light Rail (MOS2), 
        $100,000,000;
            Phase II, LA to Pasadena Metro Gold Line Light Rail Project, 
        $4,000,000;
            Philadelphia, Pennsylvania, Schuylkill Valley Metro, 
        $14,000,000;
            Phoenix, Arizona, Central Phoenix/East Valley Light Rail 
        Transit Project, $13,000,000;
            Pittsburgh, Pennsylvania, North Shore Connector, 
        $10,000,000;
            Pittsburgh, Pennsylvania, Stage II Light Rail Transit 
        Reconstruction, $32,243,442;
            Portland, Oregon, Interstate MAX Light Rail Extension, 
        $77,500,000;
            Raleigh, North Carolina, Triangle Transit Authority Regional 
        Rail Project, $5,500,000;
            Regional Commuter Rail (Weber County to Salt Lake City), 
        Utah, $9,000,000;
            Salt Lake City, Utah, Medical Center LRT Extension, 
        $30,663,361;
            San Diego, California, Mission Valley East Light Rail 
        Transit Extension, $65,000,000;
            San Diego, California, Oceanside-Escondido Rail Project, 
        $48,000,000;
            San Francisco, California Muni Third Street Light Rail 
        Project, $9,000,000;
            San Jose, California, Silicon Valley Rapid Transit Corridor, 
        $2,000,000;
            Scranton, Pennsylvania, NY City Rail Service, $2,500,000;
            Seattle, Washington, Sound Transit Central Link Initial 
        Segment, $75,000,000;
            South Shore Commuter Rail Service capacity enhancement, 
        $1,000,000;
            Stamford, Connecticut, Urban Transitway & Intermodal 
        Transportation Center Improvements, $4,000,000;
            Tren Urbano Rapid Transit System, San Juan, PR, $20,000,000;
            VRE Parking Improvements, Virginia, $3,000,000;
            Washington, DC/VA Dulles Corridor Rapid Transit Project, 
        $20,000,000;
            Washington, DC/MD, Largo Extension, $65,000,000;
            Western North Carolina Rail Passenger Service, $1,000,000;
            Wilmington, Delaware, Train Station Improvements, 
        $1,500,000;
            Wilsonville to Beaverton, Oregon, Commuter Rail, $3,250,000; 
        and
                     Yarmouth to Auburn Line, Maine, $1,000,000.

    For necessary expenses to carry out section 3037 of the Federal 
Transit Act of 1998, $25,000,000, to remain available until expended: 
Provided, That no more than $125,000,000 of budget

[[Page 118 STAT. 308]]

authority shall be available for these purposes: Provided further, That 
up to $300,000 of the funds provided under this heading may be used by 
the Federal Transit Administration for technical assistance and support 
and performance reviews of the Job Access and Reverse Commute Grants 
program: Provided further, That $20,000,000 of the funds provided under 
this heading shall be transferred to and merged with funds for the 
replacement, rehabilitation, and purchase of buses and related equipment 
and the construction of bus-related facilities under ``Federal Transit 
Administration, Capital Investment Grants'': Provided further, That 
$2,331,545 in unobligated balances made available in Public Law 106-69 
and $2,182,937 in unobligated balances made available in Public Law 106-
346 to carry out section 3037 of Public Law 105-178, as amended, shall 
be transferred to and merged with funds for new fixed guideway systems 
  under ``Federal Transit Administration, Capital Investment Grants''.

    Sec. 160. <<NOTE: 49 USC 5338 note.>> The limitations on obligations 
for the programs of the Federal Transit Administration shall not apply 
to any authority under 49 U.S.C. 5338, previously made available for 
obligation, or to any other authority previously made available for 
obligation.

    Sec. 161. Notwithstanding any other provision of law, and except for 
fixed guideway modernization projects, funds made available by this Act 
under ``Federal Transit Administration, Capital investment grants'' for 
projects specified in this Act or identified in reports accompanying 
this Act not obligated by September 30, 2006, and other recoveries, 
shall be made available for other projects under 49 U.S.C. 5309.
    Sec. 162. Notwithstanding any other provision of law, any funds 
appropriated before October 1, 2003, under any section of chapter 53 of 
title 49, United States Code, that remain available for expenditure may 
be transferred to and administered under the most recent appropriation 
heading for any such section.
    Sec. 163. Funds made available for Alaska or Hawaii ferry boats or 
ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be 
used to construct new vessels and facilities, or to improve existing 
vessels and facilities, including both the passenger and vehicle-related 
elements of such vessels and facilities, and for repair facilities: 
Provided, That not more than $3,000,000 of the funds made available 
pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii 
to initiate and operate a passenger ferryboat services demonstration 
project to test the viability of different intra-island and inter-island 
ferry boat routes and technology: Provided further, That notwithstanding 
49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry 
boats may be used to acquire passenger ferry boats and to provide 
passenger ferry transportation services within areas of the State of 
Hawaii under the control or use of the National Park Service.
    Sec. 164. Notwithstanding any other provision of law, funds made 
available to the Colorado Roaring Fork Transportation Authority under 
``Federal Transit Administration, Capital investment grants'' in Public 
Laws 106-69 and 106-346 shall be available for expenditure on park and 
ride lots in Carbondale and Glenwood Springs, Colorado as part of the 
Roaring Fork Valley Bus Rapid Transit project.

[[Page 118 STAT. 309]]

    Sec. 165. Notwithstanding any other provision of law, unobligated 
funds made available for a new fixed guideway systems projects under the 
heading ``Federal Transit Administration, Capital Investment Grants'' in 
any appropriations Act prior to this Act may be used during this fiscal 
year to satisfy expenses incurred for such projects.
    Sec. 166. (a) In General.--The <<NOTE: 49 USC 5307 note.>> Secretary 
shall establish a pilot program to determine the benefits of encouraging 
cooperative procurement of major capital equipment under sections 5307, 
5309, and 5311. The program shall consist of three pilot projects. 
Cooperative procurements in these projects may be carried out by 
grantees, consortiums of grantees, or members of the private sector 
acting as agents of grantees.

    (b) Federal Share.--Notwithstanding any other provision of law, the 
Federal share for a grant under this pilot program shall be 90 percent 
of the net project cost.
    (c) Permissible Activities.--
            (1) Developing specifications.--Cooperative specifications 
        may be developed either by the grantees or their agents.
            (2) Requests for proposals.--To the extent permissible under 
        State and local law, cooperative procurements under this section 
        may be carried out, either by the grantees or their agents, by 
        issuing one request for proposal for each cooperative 
        procurement, covering all agencies that are participating in the 
        procurement.
            (3) Best and final offers.--The cost of evaluating best and 
        final offers either by the grantees or their agents, is an 
        eligible expense under this program.

    (d) Technology.--To the extent feasible, cooperative procurements 
under this section shall maximize use of Internet-based software 
technology designed specifically for transit buses and other major 
capital equipment to develop specifications; aggregate equipment 
requirements with other transit agencies; generate cooperative request 
for proposal packages; create cooperative specifications; and automate 
the request for approved equals process.
    (e) Eligible Expenses.--The cost of the permissible activities under 
(c) and procurement under (d) are eligible expenses under the pilot 
program.
    (f) Proportionate Contributions.--Cooperating agencies may 
contribute proportionately to the non-Federal share of any of the 
eligible expenses under (e).
    (g) Outreach.--The Secretary shall conduct outreach on cooperative 
procurement. Under this program the Secretary shall: (1) offer technical 
assistance to transit agencies to facilitate the use of cooperative 
procurement of major capital equipment; and (2) conduct seminars and 
conferences for grantees, nationwide, on the concept of cooperative 
procurement of major capital equipment.
    (h) Report.--Not <<NOTE: Deadline.>> later than 30 days after 
delivery of the base order under each of the pilot projects, the 
Secretary shall submit to the House and Senate Committees on 
Appropriations a report on the results of that pilot project. Each 
report shall evaluate any savings realized through the cooperative 
procurement and the benefits of incorporating cooperative procurement, 
as shown by that project, into the mass transit program as a whole.

    Sec. 167. Notwithstanding any other provision of law, new fixed 
guideway system funds available for the Yosemite, California, area 
regional transportation system project, in the Department

[[Page 118 STAT. 310]]

of Transportation and Related Agencies Appropriations Act, 2002, Public 
Law 107-87, under ``Capital Investment Grants'', in the amount of 
$400,000 shall be available for obligation for the replacement, 
rehabilitation, or purchase of buses or related equipment, or the 
construction of bus related facilities: Provided, That this amount shall 
be in addition to the amount available in fiscal year 2002 for these 
purposes.
    Sec. 168. Notwithstanding any other provision of law, for the 
purpose of calculating the non-New Starts share of the total project 
cost of both phases of San Francisco Muni's Third Street Light Rail 
Transit project for fiscal year 2004, the Secretary of Transportation 
shall include all non-New Starts contributions made towards Phase 1 of 
the two-phase project for engineering, final design and construction, 
and also shall allow non-New Starts funds expended on one element or 
phase of the project to be used to meet the non-New Starts share 
requirement of any element or phase of the project: Provided further, 
That none of the funds provided in this Act for the San Francisco Muni 
Third Street Light Rail Transit Project shall be obligated if the 
Federal Transit Administration determines that the project is found to 
be ``not recommended'' after evaluation and computation of revised 
transportation system user benefit data.
    Sec. 169. Notwithstanding any other provision of law, funds made 
available under ``Federal Transit Administration, Capital Investment 
Grants'' in Public Law 105-277 for the Cleveland Berea Red Line 
Extension to the Hopkins International Airport project may be used for 
the Euclid Corridor Transportation Project.
    Sec. 170. Notwithstanding any other provision of law, funds 
designated to the Community Transportation Association of America (CTAA) 
on pages 1305 through 1307 of the Joint Explanatory Statement of the 
Committee of Conference for Public Law 108-7 may be available to CTAA 
for any project or activity authorized under section 3037 of Public Law 
105-178 upon receipt of an application.
    Sec. 171. After the last section of the Federal Transit Act, 49 
U.S.C. chapter 53, add the following section:

``SEC. 3042. UTAH TRANSPORTATION PROJECTS.

    ``(a) Coordination.--FTA and FHWA are directed to work with the Utah 
Transit Authority and the Utah Department of Transportation to 
coordinate the development regional commuter rail and the northern 
segment of I-15 reconstruction located in the Wasatch Front corridor 
extending from Brigham City to Payson, Utah. Coordination includes 
integration of preliminary engineering and design, a simplified method 
for allocating project costs among eligible FTA and FHWA funding 
sources, and a unified accounting and audit process.
    ``(b) Governmental Funding.--For purposes of determining and 
allocating the nongovernmental and governmental share of costs, the 
following projects comprise a related program of projects: regional 
commuter rail, the TRAX light rail system, TRAX extensions to the 
Medical Center and to the Gateway Intermodal Center, and the northern 
segment of I-15 reconstruction. The governmental share of project costs 
appropriated from the section 5309 New Start program shall conform to 
the share specified in the extension or reauthorization of TEA21.''.
    Sec. 172. Funds apportioned to the Charleston Area Regional 
Transportation Authority to carry out section 5307 of title 49,

[[Page 118 STAT. 311]]

United States Code, may be used to lease land, equipment, or facilities 
used in public transportation from another governmental authority in the 
same geographic area: Provided, That the non-Federal share under section 
5307 may include revenues from the sale of advertising 
and <<NOTE: Termination date.>> concessions: Provided further, That this 
provision shall remain in effect until September 30, 2004, or until the 
Federal interest in the land, equipment or facilities leased reaches 80 
percent of its fair market value at disposition, whichever occurs first.

    Sec. 173. Notwithstanding any other provision of law, funds 
designated to the Pennsylvania Cumberland/Dauphin County Corridor I 
project in committee reports accompanying this Act may be available to 
the recipient for any project activities authorized under sections 5307 
and 5309 of title 49, United States Code.
    Sec. 174. To the extent that funds provided by the Congress for the 
Memphis Medical Center light rail extension project through the section 
5309 ``new fixed guideway systems'' program remain available upon the 
closeout of the project, Federal Transit Administration is directed to 
permit the Memphis Area Transit Authority to use all of those funds for 
planning, engineering, design, construction or acquisition projects 
pertaining to the Memphis Regional Rail Plan. Such funds shall remain 
available until expended.
    Sec. 175. Section 30303(d)(3) of the Transportation Equity Act for 
the 21st Century (Public Law 105-178) <<NOTE: 112 Stat. 379.>> is 
amended by inserting at the end:
            ``(D) Memphis-Shelby International Airport intermodal 
        facility.''.

    Sec. 176. For fiscal year 2004, section 3027 of the Transportation 
Equity Act for the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366), as 
amended, is amended by adding at the end the following:
            ``(3) Services for elderly and persons with disabilities.--
        In addition to assistance made available under paragraph (1), 
        the Secretary may provide assistance under section 5307 of title 
        49, United States Code, to a transit provider that operates 25 
        or fewer vehicles in an urbanized area with a population of at 
        least 200,000 to finance the operating costs of equipment and 
        facilities used by the transit provider in providing mass 
        transportation services to elderly and persons with 
        disabilities, provided that such assistance to all entities 
        shall not exceed $10,000,000 annually.''.

    Sec. 177. None of the funds in this Act shall be available to any 
Federal transit grantee after February 1, 2004, involved directly or 
indirectly, in any activity that promotes the legalization or medical 
use of any substance listed in schedule I of section 202 of the 
Controlled Substances Act (21 U.S.C. 812 et seq.).

              Saint Lawrence Seaway Development Corporation

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

[[Page 118 STAT. 312]]

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

                         Maritime Administration

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

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

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

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

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

    Sec. 180. Notwithstanding any other provision of this Act, the 
Maritime Administration is authorized to furnish utilities and services 
and make necessary repairs in connection with any lease, contract, or 
occupancy involving Government property under control

[[Page 118 STAT. 313]]

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

              Research and Special Programs Administration

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

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

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

[[Page 118 STAT. 314]]

                       Office of Inspector General

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

                      Surface Transportation Board

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

                  TITLE II--DEPARTMENT OF THE TREASURY

                          Departmental Offices

    For necessary expenses of the Departmental Offices including 
operation and maintenance of the Treasury Building and Annex; hire of 
passenger motor vehicles; maintenance, repairs, and improvements of, and 
purchase of commercial insurance policies for, real properties leased or 
owned overseas, when necessary for the performance of official business; 
not to exceed $3,000,000, to remain available until September 30, 2005, 
for information technology modernization requirements; not to exceed 
$150,000 for official reception and representation expenses; not to 
exceed $258,000 for unforeseen emergencies of a confidential nature, to 
be allocated and expended under the direction of the Secretary of the 
Treasury and to be accounted for solely on his certificate, 
$176,109,000: Provided, That the Office of Foreign Assets Control shall 
be funded at no less than $21,855,000 and 120 full time equivalent 
positions: Provided further, That of these amounts, $2,900,000 is 
available for grants to State and local law enforcement groups to help 
fight

[[Page 118 STAT. 315]]

money laundering: Provided further, That of these amounts, $3,393,000, 
to remain available until September 30, 2005, shall be for the Treasury-
wide Financial Statement Audit Program, of which such amounts as may be 
necessary may be transferred to accounts of the Department's offices and 
bureaus to conduct audits: Provided further, That this transfer 
    authority shall be in addition to any other provided in this Act.

    For development and acquisition of automatic data processing 
equipment, software, and services for the Department of the Treasury, 
$36,400,000, to remain available until September 30, 2006: Provided, 
That these funds shall be transferred to accounts and in amounts as 
necessary to satisfy the requirements of the Department's offices, 
bureaus, and other organizations: Provided further, That this transfer 
authority shall be in addition to any other transfer authority provided 
in this Act: Provided further, That none of the funds appropriated shall 
be used to support or supplement the Internal Revenue Service 
appropriations for Information Systems or Business Systems 
                             Modernization.

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

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

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

[[Page 118 STAT. 316]]

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

                  Financial Crimes Enforcement Network

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

                      Financial Management Service

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

                Alcohol and Tobacco Tax and Trade Bureau

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

                           United States Mint

    Pursuant to section 5136 of title 31, United States Code, the United 
States Mint is provided funding through the United States Mint Public 
Enterprise Fund for costs associated with the production of circulating 
coins, numismatic coins, and protective services, including both 
operating expenses and capital investments. The aggregate amount of new 
liabilities and obligations incurred during fiscal year 2004 under such 
section 5136 for circulating coinage

[[Page 118 STAT. 317]]

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

                        Bureau of the Public Debt

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

                        Internal Revenue Service

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

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

[[Page 118 STAT. 318]]

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

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

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

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

    Sec. 201. Not to exceed 5 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be transferred 
to any other Internal Revenue Service appropriation upon the advance 
approval of the Committees on Appropriations.
    Sec. 202. <<NOTE: 26 USC 7804 note.>> The Internal Revenue Service 
shall maintain a training program to ensure that Internal Revenue 
Service employees are trained in taxpayers' rights, in dealing 
courteously with the taxpayers, and in cross-cultural relations.

    Sec. 203. <<NOTE: Procedures. 26 USC 6103 note.>> The Internal 
Revenue Service shall institute and enforce policies and procedures that 
will safeguard the confidentiality of taxpayer information.

    Sec. 204. Funds made available by this or any other Act to the 
Internal Revenue Service shall be available for improved facilities and 
increased manpower to provide sufficient and effective 1-800 help line 
service for taxpayers. The Commissioner shall continue to make the 
improvement of the Internal Revenue Service

[[Page 118 STAT. 319]]

1-800 help line service a priority and allocate resources necessary to 
increase phone lines and staff to improve the Internal Revenue Service 
1-800 help line service.
    Sec. 205. <<NOTE: Deadline. Proposal. Pensions.>> Within one hundred 
and eighty days of enactment, the Secretary of the Treasury shall 
present to the Congress a proposal for legislation which would provide 
transition relief for older and longer-service participants affected by 
conversions of their employers' traditional pension plans to cash 
balance pension plans: Provided, That none of the funds made available 
in this Act may be used by the Secretary of the Treasury, or his 
designee, to issue any rule or regulation which implements the proposed 
amendments to Internal Revenue Service regulations set forth in REG-
209500-86 and REG-164464-02, or any amendments reaching results similar 
to such proposed amendments.

    Sec. <<NOTE: 26 USC 32 note.>> 206. Study on Earned Income Tax 
Credit Certification Program. (a) Study.--The Internal Revenue Service 
shall conduct a study, as a part of any program that requires 
certification (including pre-certification) in order to claim the earned 
income tax credit under section 32 of the Internal Revenue Code of 1986, 
on the following matters:
            (1) The costs (in time and money) incurred by the 
        participants in the program.
            (2) The administrative costs incurred by the Internal 
        Revenue Service in operating the program.
            (3) The percentage of individuals included in the program 
        who were not certified for the credit, including the percentage 
        of individuals who were not certified due to--
                    (A) ineligibility for the credit; and
                    (B) failure to complete the requirements for 
                certification.
            (4) The percentage of individuals to whom paragraph (3)(B) 
        applies who were--
                    (A) otherwise eligible for the credit; and
                    (B) otherwise ineligible for the credit.
            (5) The percentage of individuals to whom paragraph (3)(B) 
        applies who--
                    (A) did not respond to the request for 
                certification; and
                    (B) responded to such request but otherwise failed 
                to complete the requirements for certification.

    (6) The reasons--
                    (A) for which individuals described in paragraph 
                (5)(A) did not respond to requests for certification; 
                and
                    (B) for which individuals described in paragraph 
                (5)(B) had difficulty in completing the requirements for 
                certification.
            (7) The characteristics of those individuals who were denied 
        the credit due to--
                    (A) failure to complete the requirements for 
                certification; and
                    (B) ineligibility for the credit.
            (8) The impact of the program on non-English speaking 
        participants.
            (9) The impact of the program on homeless and other highly 
        transient individuals.

    (b) <<NOTE: Deadlines.>> Report.--

[[Page 118 STAT. 320]]

            (1) Preliminary report.--Not later than July 30, 2004, the 
        Commissioner of the Internal Revenue Service shall submit to 
        Congress a preliminary report on the study conducted under 
        subsection (a).
            (2) Final report.--Not later than June 30, 2005, the 
        Commissioner of the Internal Revenue Service shall submit to 
        Congress a final report detailing the findings of the study 
        conducted under subsection (a).

             General Provisions--Department of the Treasury

    Sec. 210. Appropriations to the Department of the Treasury in this 
Act shall be available for uniforms or allowances therefor, as 
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and 
cleaning; purchase of insurance for official motor vehicles operated in 
foreign countries; purchase of motor vehicles without regard to the 
general purchase price limitations for vehicles purchased and used 
overseas for the current fiscal year; entering into contracts with the 
Department of State for the furnishing of health and medical services to 
employees and their dependents serving in foreign countries; and 
services authorized by 5 U.S.C. 3109.
    Sec. 211. Not to exceed 2 percent of any appropriations in this Act 
made available to the Departmental Offices--Salaries and Expenses, 
Office of Inspector General, Financial Management Service, Alcohol and 
Tobacco Tax and Trade Bureau, Financial Crime Enforcement Network, and 
Bureau of the Public Debt, may be transferred between such 
appropriations upon the advance approval of the Committees on 
Appropriations. No transfer may increase or decrease any such 
appropriation by more than 2 percent.
    Sec. 212. Not to exceed 2 percent of any appropriation made 
available in this Act to the Internal Revenue Service may be transferred 
to the Treasury Inspector General for Tax Administration's appropriation 
upon the advance approval of the Committees on Appropriations. No 
transfer may increase or decrease any such appropriation by more than 2 
percent.
    Sec. 213. <<NOTE: Certification.>> Of the funds available for the 
purchase of law enforcement vehicles, no funds may be obligated until 
the Secretary of the Treasury certifies that the purchase by the 
respective Treasury bureau is consistent with Departmental vehicle 
management principles: Provided, That the Secretary may delegate this 
authority to the Assistant Secretary for Management.

    Sec. 214. None of the funds appropriated in this Act or otherwise 
available to the Department of the Treasury or the Bureau of Engraving 
and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 215. The Secretary of the Treasury may transfer funds from 
``Salaries and Expenses'', Financial Management Service, to the Debt 
Services Account as necessary to cover the costs of debt collection: 
Provided, That such amounts shall be reimbursed to such Salaries and 
Expenses account from debt collections received in the Debt Services 
Account.
    Sec. 216. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104 
note), is further amended by striking ``5 years'' and inserting ``6 
years''.
    Sec. 217. None of the funds appropriated or otherwise made available 
by this or any other Act may be used by the United

[[Page 118 STAT. 321]]

States Mint to construct or operate any museum without the explicit 
approval of the House Committee on Financial Services and the Senate 
Committee on Banking, Housing, and Urban Affairs.
    Sec. 218. <<NOTE: 12 USC 5018 note.>> For fiscal year 2004 and each 
fiscal year thereafter, there are appropriated to the Secretary of the 
Treasury such sums as may be necessary to reimburse financial 
institutions in their capacity as depositaries and financial agents of 
the United States for all services required or directed by the Secretary 
of the Treasury, or the Secretary's designee, to be performed by such 
financial institutions on behalf of the Department of the Treasury or 
other Federal agencies, including services rendered prior to fiscal year 
2004.

 TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO 
                              THE PRESIDENT

                      Compensation of the President

    For compensation of the President, including an expense allowance at 
the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $450,000: 
Provided, <<NOTE: 3 USC 102 note.>> That none of the funds made 
available for official expenses shall be expended for any other purpose 
and any unused amount shall revert to the Treasury pursuant to section 
1552 of title 31, United States Code.

                           White House Office

    For necessary expenses for the White House as authorized by law, 
including not to exceed $3,850,000 for services as authorized by 5 
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 
U.S.C. 105, which shall be expended and accounted for as provided in 
that section; hire of passenger motor vehicles, newspapers, periodicals, 
teletype news service, and travel (not to exceed $100,000 to be expended 
and accounted for as provided by 3 U.S.C. 103); and not to exceed 
$19,000 for official entertainment expenses, to be available for 
allocation within the Executive Office of the President, $69,168,000: 
Provided, That $8,650,000 of the funds appropriated shall be available 
for reimbursements to the White House Communications Agency: Provided 
further, That $7,231,000 of the funds appropriated under this heading 
shall be available for the Homeland Security Council.

                 Executive Residence at the White House

    For the care, maintenance, repair and alteration, refurnishing, 
improvement, heating, and lighting, including electric power and 
fixtures, of the Executive Residence at the White House and official 
entertainment expenses of the President, $12,501,000, to be expended and 
    accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

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

[[Page 118 STAT. 322]]

all reimbursable operating expenses of the Executive Residence shall be 
made in accordance with the provisions of this paragraph: Provided 
further, That, notwithstanding any other provision of law, such amount 
for reimbursable operating expenses shall be the exclusive authority of 
the Executive Residence to incur obligations and to receive offsetting 
collections, for such expenses: Provided further, That the Executive 
Residence shall require each person sponsoring a reimbursable political 
event to pay in advance an amount equal to the estimated cost of the 
event, and all such advance payments shall be credited to this account 
and remain available until expended: Provided further, That the 
Executive Residence shall require the national committee of the 
political party of the President to maintain on deposit $25,000, to be 
separately accounted for and available for expenses relating to 
reimbursable political events sponsored by such committee during such 
fiscal year: Provided further, <<NOTE: Notices. Deadlines.>> That the 
Executive Residence shall ensure that a written notice of any amount 
owed for a reimbursable operating expense under this paragraph is 
submitted to the person owing such amount within 60 days after such 
expense is incurred, and that such amount is collected within 30 days 
after the submission of such notice: Provided further, That the 
Executive Residence shall charge interest and assess penalties and other 
charges on any such amount that is not reimbursed within such 30 days, 
in accordance with the interest and penalty provisions applicable to an 
outstanding debt on a United States Government claim under section 3717 
of title 31, United States Code: Provided further, That each such amount 
that is reimbursed, and any accompanying interest and charges, shall be 
deposited in the Treasury as <<NOTE: Deadline. Reports.>> miscellaneous 
receipts: Provided further, That the Executive Residence shall prepare 
and submit to the Committees on Appropriations, by not later than 90 
days after the end of the fiscal year covered by this Act, a report 
setting forth the reimbursable operating expenses of the Executive 
Residence during the preceding fiscal year, including the total amount 
of such expenses, the amount of such total that consists of reimbursable 
official and ceremonial events, the amount of such total that consists 
of reimbursable political events, and the portion of each such amount 
that has been reimbursed as of the date of the report: Provided 
further, <<NOTE: Records. White House Repair and Restoration>> That the 
Executive Residence shall maintain a system for the tracking of expenses 
related to reimbursable events within the Executive Residence that 
includes a standard for the classification of any such expense as 
political or nonpolitical: Provided further, That no provision of this 
paragraph may be construed to exempt the Executive Residence from any 
other applicable requirement of subchapter I or II of chapter 37 of 
                      title 31, United States Code.

    For the repair, alteration, and improvement of the Executive 
Residence at the White House, $4,225,000, to remain available until 
expended, for required maintenance, safety and health issues, and 
continued preventative maintenance.

[[Page 118 STAT. 323]]

                      Council of Economic Advisers

    For necessary expenses of the Council of Economic Advisors in 
carrying out its functions under the Employment Act of 1946 (15 U.S.C. 
1021), $4,502,000.

                      Office of Policy Development

    For necessary expenses of the Office of Policy Development, 
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, 
$4,109,000.

                        National Security Council

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

                        Office of Administration

    For necessary expenses of the Office of Administration, including 
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of 
passenger motor vehicles, $82,826,000, of which $20,578,000 shall remain 
available until expended for the Capital Investment Plan for continued 
modernization of the information technology infrastructure within the 
Executive Office of the President.

                     Office of Management and Budget

    For necessary expenses of the Office of Management and Budget, 
including hire of passenger motor vehicles and services as authorized by 
5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title 44, 
United States Code, $67,159,000, of which not to exceed $3,000 shall be 
available for official representation expenses: 
Provided, <<NOTE: Applicability.>> That, as provided in 31 U.S.C. 
1301(a), appropriations shall be applied only to the objects for which 
appropriations were made except as otherwise provided by law: Provided 
further, That none of the funds appropriated in this Act for the Office 
of Management and Budget may be used for the purpose of reviewing any 
agricultural marketing orders or any activities or regulations under the 
provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 
601 et seq.): Provided further, That none of the funds made available 
for the Office of Management and Budget by this Act may be expended for 
the altering of the transcript of actual testimony of witnesses, except 
for testimony of officials of the Office of Management and Budget, 
before the Committees on Appropriations or the Committees on Veterans' 
Affairs or their subcommittees: Provided further, That the preceding 
shall not apply to printed hearings released by the Committees

[[Page 118 STAT. 324]]

on Appropriations or the Committees on Veterans' Affairs: Provided 
further, That none of the funds appropriated in this Act may be 
available to pay the salary or expenses of any employee of the Office of 
Management and Budget who calculates, prepares, or approves any tabular 
or other material that proposes the sub-allocation of budget authority 
or outlays by the Committees on Appropriations among their 
subcommittees.

                 Office of National Drug Control Policy

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.); not 
to exceed $10,000 for official reception and representation expenses; 
and for participation in joint projects or in the provision of services 
on matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $27,996,500; 
of which $1,350,000 shall remain available until expended for policy 
research and evaluation; and $1,500,000 for the National Alliance for 
Model State Drug Laws: Provided, That the <<NOTE: 21 USC 1702 
note. counterdrug technology assessment center (including transfer of 
funds)>> Office is authorized to accept, hold, administer, and utilize 
gifts, both real and personal, public and private, without fiscal year 
limitation, for the purpose of aiding or facilitating the work of the 
                                 Office.

    For necessary expenses for the Counterdrug Technology Assessment 
Center for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701 et seq.), 
$42,000,000, which shall remain available until expended, consisting of 
$18,000,000 for counternarcotics research and development projects, and 
$24,000,000 for the continued operation of the technology transfer 
program: Provided, That the $18,000,000 for counternarcotics research 
and development projects shall be available for transfer to other 
Federal departments or agencies.

                      Federal Drug Control Programs

    For necessary expenses of the Office of National Drug Control 
Policy's High Intensity Drug Trafficking Areas Program, $226,350,000, 
for drug control activities consistent with the approved strategy for 
each of the designated High Intensity Drug Trafficking Areas, of which 
no less than 51 percent shall be transferred to State and local entities 
for drug control activities, which shall be obligated within 120 days of 
the date of the enactment of this Act: Provided, That up to 49 percent, 
to remain available until September 30, 2005, may be transferred to 
Federal agencies and departments at a rate to be determined by the 
Director, of which not less than $2,100,000 shall be used for auditing 
services

[[Page 118 STAT. 325]]

and associated activities, and at least $500,000 of the $2,100,000 shall 
be used to develop and implement a data collection system to measure the 
performance of the High Intensity Drug Trafficking Areas Program: 
Provided further, That High Intensity Drug Trafficking Areas Programs 
designated as of September 30, 2003, shall be funded at no less than the 
fiscal year 2003 initial allocation levels unless the Director submits 
to the Committees on Appropriations, and the Committees approve, 
justification for changes in those levels based on clearly articulated 
priorities for the High Intensity Drug Trafficking Areas Programs, as 
well as published Office of National Drug Control Policy performance 
measures of effectiveness: Provided further, That a request shall be 
submitted to the Committees on Appropriations for approval prior to the 
obligation of funds of an amount in excess of the fiscal year 2004 
budget request: Provided further, That such request shall be made in 
              compliance with the reprogramming guidelines.

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

                           Unanticipated Needs

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

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

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

[[Page 118 STAT. 326]]

functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, 
including subsistence expenses as authorized by 3 U.S.C. 106, which 
shall be expended and accounted for as provided in that section; and 
              hire of passenger motor vehicles, $4,461,000.

    For the care, operation, refurnishing, improvement, and to the 
extent not otherwise provided for, heating and lighting, including 
electric power and fixtures, of the official residence of the Vice 
President; the hire of passenger motor vehicles; and not to exceed 
$90,000 for official entertainment expenses of the Vice President, to be 
accounted for solely on his certificate, $331,000: Provided, That 
advances or repayments or transfers from this appropriation may be made 
to any department or agency for expenses of carrying out such 
                               activities.

    Sec. 301. Section 102 of title 3, United States Code, is amended by 
striking ``, for which expense allowance'' and all that follows through 
the first period and inserting ``. Any unused amount of such expense 
allowance shall revert to the Treasury pursuant to section 1552 of title 
31, United States Code. No amount of such expense allowance shall be 
included in the gross income of the President.''.

                     TITLE IV--INDEPENDENT AGENCIES

       Architectural and Transportation Barriers Compliance Board

    For expenses necessary for the Architectural and Transportation 
Barriers Compliance Board, as authorized by section 502 of the 
Rehabilitation Act of 1973, as amended $5,401,000: Provided, That, 
notwithstanding any other provision of law, there may be credited to 
this appropriation funds received for publications and training 
expenses.

                  National Transportation Safety Board

    For necessary expenses of the National Transportation Safety Board, 
including hire of passenger motor vehicles and aircraft; services as 
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed 
the per diem rate equivalent to the rate for a GS-15; uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902) 
$73,499,000, of which not to exceed $2,000 may be used for official 
                 reception and representation expenses.

    For necessary expenses of the National Transportation Safety Board 
for accident investigations, $600,000, to remain available until 
expended: Provided, That these funds shall be available only

[[Page 118 STAT. 327]]

to the extent necessary to restore the balance of the emergency fund to 
$2,000,000 (29 U.S.C. 1118(b)).

  Committee for Purchase From People Who Are Blind or Severely Disabled

    For necessary expenses of the Committee for Purchase From People Who 
Are Blind or Severely Disabled established by Public Law 92-28, 
$4,725,000.

                       Federal Election Commission

    For necessary expenses to carry out the provisions of the Federal 
Election Campaign Act of 1971, as amended, $51,240,000, of which no less 
than $6,389,900 shall be available for internal automated data 
processing systems, of which not to exceed $5,000 shall be available for 
reception and representation expenses, and of which $800,000 shall be 
available for necessary expenses to carry out the functions of the 
Office of Election Administration: Provided, That upon the transfer of 
functions of the Office of Election Administration to the Election 
Assistance Commission under the provisions of title VIII of the Help 
America Vote Act of 2002, any portion of such funds remaining available 
as of the date of the transfer shall be transferred to the Election 
Assistance Commission for purposes of carrying out such functions.

                     Election Assistance Commission

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

                        Election Reform Programs

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

[[Page 118 STAT. 328]]

                    Federal Labor Relations Authority

    For necessary expenses to carry out functions of the Federal Labor 
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, 
and the Civil Service Reform Act of 1978, including services authorized 
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of 
passenger motor vehicles, and rental of conference rooms in the District 
of Columbia and elsewhere, $29,611,000: Provided, That public members of 
the Federal Service Impasses Panel may be paid travel expenses and per 
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for 
persons employed intermittently in the Government service, and 
compensation as authorized by 5 U.S.C. 3109: Provided further, That 
notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-
Federal participants at labor-management relations conferences shall be 
credited to and merged with this account, to be available without 
further appropriation for the costs of carrying out these conferences.

                       Federal Maritime Commission

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936, as 
amended (46 U.S.C. App. 1111), including services as authorized by 5 
U.S.C. 3109; hire of passenger motor vehicles as authorized by 31 U.S.C. 
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C. 
5901-5902, $18,471,000: Provided, That not to exceed $2,000 shall be 
available for official reception and representation expenses.

                     General Services Administration

    For an additional amount to be deposited in, and to be used for the 
purposes of, the Fund established pursuant to section 210(f) of the 
Federal Property and Administrative Services Act of 1949, as amended (40 
U.S.C. 592), $446,000,000. The revenues and collections deposited into 
the Fund shall be available for necessary expenses of real property 
management and related activities not otherwise provided for, including 
operation, maintenance, and protection of federally owned and leased 
buildings; rental of buildings in the District of Columbia; restoration 
of leased premises; moving governmental agencies (including space 
adjustments and telecommunications relocation expenses) in connection 
with the assignment, allocation and transfer of space; contractual 
services incident to cleaning or servicing buildings, and moving; repair 
and alteration of federally owned buildings including grounds, 
approaches and appurtenances; care and safeguarding of sites;

[[Page 118 STAT. 329]]

maintenance, preservation, demolition, and equipment; acquisition of 
buildings and sites by purchase, condemnation, or as otherwise 
authorized by law; acquisition of options to purchase buildings and 
sites; conversion and extension of federally owned buildings; 
preliminary planning and design of projects by contract or otherwise; 
construction of new buildings (including equipment for such buildings); 
and payment of principal, interest, and any other obligations for public 
buildings acquired by installment purchase and purchase contract; in the 
aggregate amount of $6,758,208,000, of which: (1) $708,268,000 shall 
remain available until expended for construction (including funds for 
sites and expenses and associated design and construction services) of 
additional projects at the following locations:
            New Construction:
                    Alabama:
                          Anniston, United States Courthouse, 
                      $4,400,000.
                          Tuscaloosa, Federal Building, $7,500,000.
                    California:
                          Los Angeles, United States Courthouse, 
                      $50,000,000.
                          San Diego, Border Station, $34,211,000.
                    Colorado:
                          Denver Federal Center, site remediation, 
                      $6,000,000.
                    District of Columbia:
                          Department of Transportation Headquarters, 
                      $42,000,000.
                    Florida:
                          Orlando, United States Courthouse, $7,200,000.
                    Georgia:
                          Atlanta, Tuttle Building Annex, $10,600,000.
                    Maine:
                          Jackman, Border Station, $7,712,000.
                    Maryland:
                          Montgomery County, Food and Drug 
                      Administration Consolidation, $42,000,000.
                          Suitland, United States Census Bureau, 
                      $146,451,000.
                    Michigan:
                          Detroit, Ambassador Bridge Border Station, 
                      $25,387,000.
                    New York:
                          Champlain, Border Station, $31,031,000.
                    North Carolina:
                          Charlotte, United States Courthouse, 
                      $8,500,000.
                    Ohio:
                          Toledo, United States Courthouse, $6,500,000.
                    Pennsylvania:
                          Harrisburg, United States Courthouse, 
                      $26,000,000.
                    South Carolina:
                          Greenville, United States Courthouse, 
                      $11,000,000.
                    Texas:
                          Del Rio, Border Station, $23,966,000.
                          Eagle Pass, Border Station, $31,980,000.
                          Houston, Federal Bureau of Investigation, 
                      $58,080,000.

[[Page 118 STAT. 330]]

                          McAllen, Border Station, $17,938,000.
                          San Antonio, United States Courthouse, 
                      $8,000,000.
                    Virginia:
                          Richmond, United States Courthouse, 
                      $83,000,000.
                    Washington:
                          Blaine, Border Station, $9,812,000.
                    Nonprospectus Construction, $9,000,000:

Provided, That each of the foregoing limits of costs on new construction 
projects may be exceeded to the extent that savings are effected in 
other such projects, but not to exceed 10 percent of the amounts 
included in an approved prospectus, if required, unless advance approval 
is obtained from the Committees on Appropriations of a greater amount: 
Provided further, <<NOTE: Expiration date.>> That all funds for direct 
construction projects shall expire on September 30, 2005, and remain in 
the Federal Buildings Fund except for funds for projects as to which 
funds for design or other funds have been obligated in whole or in part 
prior to such date; (2) $991,300,000 shall remain available until 
expended for repairs and alterations, which includes associated design 
and construction services:
            Repairs and Alterations:
                    Colorado:
                          Denver, Byron G. Rogers Federal Building--
                      Courthouse, $39,436,000.
                    District of Columbia:
                          320 First Street, $7,485,000.
                          Eisenhower Executive Office Building, 
                      $65,757,000.
                          Federal Office Building 8, $134,872,000.
                          Main Interior Building, $15,603,000.
                          Fire & Life Safety, $68,188,000.
                    Georgia:
                          Atlanta, Richard B. Russell Federal Building, 
                      $32,173,000.
                    Illinois:
                          Chicago, Dirksen Courthouse & Kluczynski 
                      Federal Building, $24,056,000.
                          Springfield, Paul H. Findley Federal 
                      Building--Courthouse, $6,183,000.
                    Indiana:
                          Terre Haute Federal Building--Post Office, 
                      $4,600,000.
                    Massachusetts:
                          Boston, John W. McCormack Post Office and 
                      Courthouse, $73,037,000.
                    New York:
                          Brooklyn, Emanuel Celler Courthouse, 
                      $65,511,000.
                    North Dakota:
                          Fargo, Federal Building--Post Office, 
                      $5,801,000.
                    Ohio:
                          Columbus, John W. Bricker Federal Building, 
                      $10,707,000.
                    Washington:
                          Auburn, Building 7, Auburn Federal Building, 
                      $18,315,000.
                          Bellingham, Federal Building, $2,610,000.

[[Page 118 STAT. 331]]

                          Seattle, Henry M. Jackson Federal Building, 
                      $6,868,000.
            Special Emphasis Programs:
                    Chlorofluorocarbons Program, $5,000,000.
                    Energy Program, $5,000,000.
                    Glass Fragmentation Program, $20,000,000.
            Design Program, $41,462,000:

Provided further, That funds made available in any previous Act in the 
Federal Buildings Fund for Repairs and Alterations shall, for prospectus 
projects, be limited to the amount identified for each project, except 
each project in any previous Act may be increased by an amount not to 
exceed 10 percent unless advance approval is obtained from the 
Committees on Appropriations of a greater amount: Provided further, That 
additional projects for which prospectuses have been fully approved may 
be funded under this category only if advance approval is obtained from 
the Committees on Appropriations: Provided further, That the amounts 
provided in this or any prior Act for ``Repairs and Alterations'' may be 
used to fund costs associated with implementing security improvements to 
buildings necessary to meet the minimum standards for security in 
accordance with current law and in compliance with the reprogramming 
guidelines of the appropriate Committees of the House and Senate: 
Provided further, That the difference between the funds appropriated and 
expended on any projects in this or any prior Act, under the heading 
``Repairs and Alterations'', may be transferred to Basic Repairs and 
Alterations or used to fund authorized increases <<NOTE: Expiration 
date.>> in prospectus projects: Provided further, That all funds for 
repairs and alterations prospectus projects shall expire on September 
30, 2005, and remain in the Federal Buildings Fund except funds for 
projects as to which funds for design or other funds have been obligated 
in whole or in part prior to such date: Provided further, That the 
amount provided in this or any prior Act for Basic Repairs and 
Alterations may be used to pay claims against the Government arising 
from any projects under the heading ``Repairs and Alterations'' or used 
to fund authorized increases in prospectus projects: Provided further, 
That the funds available herein for repairs to the Bellingham, 
Washington, Federal Building, shall be available for transfer to the 
city of Bellingham, Washington, subject to disposal of the building to 
the city; (3) $169,745,000 for installment acquisition payments 
including payments on purchase contracts which shall remain available 
until expended; (4) $3,280,187,000 for rental of space which shall 
remain available until expended; and (5) $1,608,708,000 for building 
operations which shall remain available until expended: Provided 
further, That funds available to the General Services Administration 
shall not be available for expenses of any construction, repair, 
alteration and acquisition project for which a prospectus, if required 
by the Public Buildings Act of 1959, as amended, has not been approved, 
except that necessary funds may be expended for each project for 
required expenses for the development of a proposed prospectus: Provided 
further, That funds available in the Federal Buildings Fund may be 
expended for emergency repairs when advance approval is obtained from 
the Committees on Appropriations: Provided further, That amounts 
necessary to provide reimbursable special services to other agencies 
under section 210(f)(6) of the Federal Property and Administrative 
Services Act of 1949, as amended (40 U.S.C. 592(b)(2)) and amounts to 
provide

[[Page 118 STAT. 332]]

such reimbursable fencing, lighting, guard booths, and other facilities 
on private or other property not in Government ownership or control as 
may be appropriate to enable the United States Secret Service to perform 
its protective functions pursuant to 18 U.S.C. 3056, shall be available 
from such revenues and collections: Provided further, That revenues and 
collections and any other sums accruing to this Fund during fiscal year 
2004, excluding reimbursements under section 210(f)(6) of the Federal 
Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2)) 
in excess of $6,717,208,000 shall remain in the Fund and shall not be 
 available for expenditure except as authorized in appropriations Acts.

    For expenses authorized by law, not otherwise provided for, for 
Government-wide policy and evaluation activities associated with the 
management of real and personal property assets and certain 
administrative services; Government-wide policy support responsibilities 
relating to acquisition, telecommunications, information technology 
management, and related technology activities; and services as 
                authorized by 5 U.S.C. 3109, $56,383,000.

    For expenses authorized by law, not otherwise provided for, for 
Government-wide activities associated with utilization and donation of 
surplus personal property; disposal of real property; 
telecommunications, information technology management, and related 
technology activities; providing Internet access to Federal information 
and services; agency-wide policy direction and management, and Board of 
Contract Appeals; accounting, records management, and other support 
services incident to adjudication of Indian Tribal Claims by the United 
States Court of Federal Claims; services as authorized by 5 U.S.C. 3109; 
and not to exceed $7,500 for official reception and representation 
                         expenses, $88,110,000.

    For necessary expenses of the Office of Inspector General and 
services authorized by 5 U.S.C. 3109, $39,169,000: Provided, That not to 
exceed $15,000 shall be available for payment for information and 
detection of fraud against the Government, including payment for 
recovery of stolen Government property: Provided further, That not to 
exceed $2,500 shall be available for awards to employees of other 
Federal agencies and private citizens in recognition of efforts and 
initiatives resulting in enhanced Office of Inspector General 
                             effectiveness.

    For necessary expenses in support of interagency projects that 
enable the Federal Government to expand its ability to conduct 
activities electronically, through the development and implementation of 
innovative uses of the Internet and other electronic methods, 
$3,000,000, to remain available until expended: Provided, That

[[Page 118 STAT. 333]]

these funds may be transferred to Federal agencies to carry out the 
purposes of the Fund: Provided further, That this transfer authority 
shall be in addition to any other transfer authority provided in this 
Act: Provided further, That such transfers may not be made until 10 days 
after a proposed spending plan and justification for each project to be 
undertaken has been submitted to the Committees on Appropriations.

            allowances and office staff for former presidents

    For carrying out the provisions of the Act of August 25, 1958, as 
amended (3 U.S.C. 102 note), and Public Law 95-138, $3,393,000: 
Provided, That the Administrator of General Services shall transfer to 
the Secretary of the Treasury such sums as may be necessary to carry out 
                      the provisions of such Acts.

    Sec. 401. The appropriate appropriation or fund available to the 
General Services Administration shall be credited with the cost of 
operation, protection, maintenance, upkeep, repair, and improvement, 
included as part of rentals received from Government corporations 
pursuant to law (40 U.S.C. 129).
    Sec. 402. Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.
    Sec. 403. Funds in the Federal Buildings Fund made available for 
fiscal year 2004 for Federal Buildings Fund activities may be 
transferred between such activities only to the extent necessary to meet 
program requirements: Provided, That any proposed transfers shall be 
approved in advance by the Committees on Appropriations.
    Sec. 404. No funds made available by this Act shall be used to 
transmit a fiscal year 2005 request for United States Courthouse 
construction that: (1) does not meet the design guide standards for 
construction as established and approved by the General Services 
Administration, the Judicial Conference of the United States, and the 
Office of Management and Budget; and (2) does not reflect the priorities 
of the Judicial Conference of the United States as set out in its 
approved 5-year construction plan: Provided, That the fiscal year 2005 
request must be accompanied by a standardized courtroom utilization 
study of each facility to be constructed, replaced, or expanded.
    Sec. 405. None of the funds provided in this Act may be used to 
increase the amount of occupiable square feet, provide cleaning 
services, security enhancements, or any other service usually provided 
through the Federal Buildings Fund, to any agency that does not pay the 
rate per square foot assessment for space and services as determined by 
the General Services Administration in compliance with the Public 
Buildings Amendments Act of 1972 (Public Law 92-313).
    Sec. 406. Funds provided to other Government agencies by the 
Information Technology Fund, General Services Administration, under 
section 110 of the Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 757) and sections 5124(b) and 5128 of the Clinger-Cohen 
Act of 1996 (40 U.S.C. 1424(b) and 1428), for performance of pilot 
information technology projects which have

[[Page 118 STAT. 334]]

potential for Government-wide benefits and savings, may be repaid to 
this Fund from any savings actually incurred by these projects or other 
funding, to the extent feasible.
    Sec. 407. From funds made available under the heading ``Federal 
Buildings Fund, Limitations on Availability of Revenue'', claims against 
the Government of less than $250,000 arising from direct construction 
projects and acquisition of buildings may be liquidated from savings 
effected in other construction projects with prior notification to the 
Committees on Appropriations.
    Sec. 408. (a) <<NOTE: New Hampshire.>> Notwithstanding any other 
provision of law, the Administrator of General Services is authorized to 
acquire, under such terms and conditions as he deems to be in the 
interests of the United States, approximately 27 acres of land, 
identified as Site 7 and located at 234 Corporate Drive, Pease 
International Tradeport, Portsmouth, NH 03801, as a site for the public 
building needs of the Federal Government, and to design and construct 
upon the site a new Federal Office Building of approximately 98,000 
gross square feet: Provided, That the Administrator shall not acquire 
any property under this subsection until the Administrator determines 
that the property is in compliance with applicable environmental laws, 
and that the property is suitable and available for use as a site to 
house the Federal agencies presently located in the Thomas J. McIntyre 
Federal Building.

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

[[Page 118 STAT. 335]]

    Sec. 409. (a) The Administrator of General Services shall carry out 
the authority of the Election Assistance Commission to make election 
assistance payments under subtitle D of title II of the Help America 
Vote Act of 2002, including the authority under such subtitle to receive 
statements and applications from entities seeking such payments and 
reports from entities receiving such payments.
    (b) <<NOTE: Applicability. Expiration date.>> The authority of the 
Administrator of General Services under subsection (a) shall apply with 
respect to amounts appropriated for fiscal year 2004 and amounts 
appropriated for fiscal year 2003 which remain unobligated and 
unexpended at the end of fiscal year 2003, except that this authority 
shall expire upon the earlier of--
            (1) the expiration of the 3-month period which begins on the 
        date on which all members of the Election Assistance Commission 
        are appointed; or
            (2) June 30, 2004.

    (c) <<NOTE: Reports.>> Upon the appointment of all members of the 
Election Assistance Commission, the Administrator of General Services 
shall transmit to the Commission all statements, applications, and 
reports received by the Administrator in carrying out this section.

    Sec. 410. None of the funds made available in this Act may be used 
by the General Services Administration to establish a quick response 
team processing center on East Brainerd Road in Chattanooga, Tennessee.
    Sec. 411. Completion of Land Conveyance, San Joaquin County, 
California. Section 140 of division C of Public Law 105-277 (112 Stat. 
2681-599), as amended by section 3034 of the 1999 Emergency Supplemental 
Appropriations Act (Public Law 106-31; 113 Stat. 104), is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``Attorney 
                General'' and inserting ``Administrator of General 
                Services, on behalf of the Attorney General,'';
                    (B) in the second sentence, by striking ``Attorney 
                General'' and inserting ``Administrator''; and
                    (C) in the second sentence, by striking ``not later 
                than August 21, 1999'' and inserting ``as soon as 
                practicable'';
            (2) in subsection (b), by striking ``Attorney General'' and 
        inserting ``Administrator'';
            (3) in subsection (c)(1)--
                    (A) in the first sentence, by striking ``as the 
                location'' and all that follows through ``other 
                educational purposes'' and inserting ``for educational 
                or recreational purposes''; and
                    (B) by striking the second sentence;
            (4) in subsection (c)(2), by striking ``Attorney General'' 
        and inserting ``Administrator'';
            (5) in subsection (d), by striking paragraph (2) and 
        inserting the following new paragraph:

    ``(2) The use of the real property conveyed under subsection (a) for 
recreational purposes, as provided in subsection (c), shall be subject 
to the approval of the Secretary of the Interior.'';
            (6) in subsection (e)--
                    (A) in paragraph (1), by striking ``If the 
                Secretary'' and all that follows through ``not being 
                used'' and inserting ``If a portion of the real property 
                conveyed under subsection

[[Page 118 STAT. 336]]

                (a) is used for educational purposes, as provided in 
                subsection (c), and the Secretary of Education 
                determines that such portion is no longer being used''; 
                and
                    (B) in paragraph (2), by striking ``as a public park 
                or for other recreational purposes'' and inserting ``for 
                recreational purposes''; and
            (7) in subsection (f), by striking ``Attorney General'' and 
        inserting ``Administrator''.

                     Merit Systems Protection Board

    For necessary expenses to carry out functions of the Merit Systems 
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978 and 
the Civil Service Reform Act of 1978, including services as authorized 
by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia 
and elsewhere, hire of passenger motor vehicles, and direct procurement 
of survey printing, $32,877,000 together with not to exceed $2,626,000 
for administrative expenses to adjudicate retirement appeals to be 
transferred from the Civil Service Retirement and Disability Fund in 
amounts determined by the Merit Systems Protection Board.

  Morris K. Udall Scholarship and Excellence in National Environmental 
                            Policy Foundation

    For payment to the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Trust Fund, pursuant to the Morris K. 
Udall Scholarship and Excellence in National Environmental and Native 
American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.), $1,996,000, 
to remain available until expended of which up to $50,000 shall be used 
to conduct financial audits pursuant to the Accountability of Tax 
Dollars Act of 2002 (Public Law 107-289) notwithstanding sections 8 and 
9 of Public Law 102-259: Provided, That up to 60 percent of such funds 
may be transferred by the Morris K. Udall Scholarship and Excellence in 
National Environmental Policy Foundation for the necessary expenses of 
                      the Native Nations Institute.

    For payment to the Environmental Dispute Resolution Fund to carry 
out activities authorized in the Environmental Policy and Conflict 
Resolution Act of 1998, $1,309,000, to remain available until expended.

              National Archives and Records Administration

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

[[Page 118 STAT. 337]]

records and related activities, as provided by law, and for expenses 
necessary for the review and declassification of documents, and for the 
hire of passenger motor vehicles, $256,700,000: Provided, That the 
Archivist of the United States is authorized to use any excess funds 
available from the amount borrowed for construction of the National 
Archives facility, for expenses necessary to provide adequate storage 
for holdings: Provided further, That, of the funds provided in this 
paragraph, $600,000 shall be for the preservation of the records of the 
                           Freedmen's Bureau.

    For necessary expenses in connection with the development of an 
electronic records archive, to include all direct project costs 
associated with research, analysis, design, development, and program 
management, $35,914,000, of which $22,000,000 shall remain available 
                        until September 30, 2006.

    For the repair, alteration, and improvement of archives facilities, 
and to provide adequate storage for holdings, $13,708,000, to remain 
available until expended, of which $500,000 is for the Military 
Personnel Records Center requirements study, of which $2,250,000 is for 
land acquisition for a site in Anchorage, Alaska, to construct a new 
regional archives and records facility and of which $5,000,000 is for 
the repair and restoration of the plaza that surrounds the Lyndon Baines 
Johnson Presidential Library and that is under the joint control and 
custody of the University of Texas: Provided, That such funds may be 
transferred directly to the University and used, together with 
University funds, for repair and restoration of the plaza and remain 
available until expended for this purpose: Provided further, That the 
same transfer authority shall extend to funds previously appropriated in 
Public Law 108-7 for this purpose.

         National Historical Publications and Records Commission

    For necessary expenses for allocations and grants for historical 
publications and records as authorized by 44 U.S.C. 2504, as amended, 
$10,000,000, to remain available until expended.

                       Office of Government Ethics

    For necessary expenses to carry out functions of the Office of 
Government Ethics pursuant to the Ethics in Government Act of 1978, as 
amended and the Ethics Reform Act of 1989, including services as 
authorized by 5 U.S.C. 3109, rental of conference rooms in the District 
of Columbia and elsewhere, hire of passenger motor vehicles, and not to 
exceed $1,500 for official reception and representation expenses, 
$10,738,000.

[[Page 118 STAT. 338]]

                     Office of Personnel Management

    For necessary expenses to carry out functions of the Office of 
Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978 
and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
advances for reimbursements to applicable funds of the Office of 
Personnel Management and the Federal Bureau of Investigation for 
expenses incurred under Executive Order No. 10422 of January 9, 1953, as 
amended; and payment of per diem and/or subsistence allowances to 
employees where Voting Rights Act activities require an employee to 
remain overnight at his or her post of duty, $119,498,000, of which 
$2,000,000 shall remain available until expended for the cost of the 
enterprise human resources integration project, and $2,500,000 shall 
remain available until expended for the cost of leading the Government-
wide initiative to modernize the Federal payroll systems and service 
delivery and $2,500,000 shall remain available through September 30, 
2005, to coordinate and conduct program evaluation and performance 
measurement; and in addition $135,914,000 for administrative expenses, 
to be transferred from the appropriate trust funds of the Office of 
Personnel Management without regard to other statutes, including direct 
procurement of printed materials, for the retirement and insurance 
programs, of which $36,700,000 shall remain available until expended for 
the cost of automating the retirement recordkeeping systems: Provided, 
That the provisions of this appropriation shall not affect the authority 
to use applicable trust funds as provided by sections 8348(a)(1)(B), 
8909(g), and 9004(f)(1)(A) and (2)(A) of title 5, United States Code: 
Provided further, That no part of this appropriation shall be available 
for salaries and expenses of the Legal Examining Unit of the Office of 
Personnel Management established pursuant to Executive Order No. 9358 of 
July 1, 1943, or any successor unit of like purpose: Provided further, 
That the President's Commission on White House Fellows, established by 
Executive Order No. 11183 of October 3, 1964, may, during fiscal year 
2004, accept donations of money, property, and personal services in 
connection with the development of a publicity brochure to provide 
information about the White House Fellows, except that no such donations 
shall be accepted for travel or reimbursement of travel expenses, or for 
              the salaries of employees of such Commission.

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act, as amended, 
including services as authorized by 5 U.S.C. 3109, hire of passenger 
motor vehicles, $1,498,000, and in addition, not to

[[Page 118 STAT. 339]]

exceed $14,427,000 for administrative expenses to audit, investigate, 
and provide other oversight of the Office of Personnel Management's 
retirement and insurance programs, to be transferred from the 
appropriate trust funds of the Office of Personnel Management, as 
determined by the Inspector General: Provided, That the Inspector 
General is authorized to rent conference rooms in the District of 
                         Columbia and elsewhere.

    For payment of Government contributions with respect to retired 
employees, as authorized by chapter 89 of title 5, United States Code, 
and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as 
                 amended, such sums as may be necessary.

    For payment of Government contributions with respect to employees 
retiring after December 31, 1989, as required by chapter 87 of title 5, 
           United States Code, such sums as may be necessary.

    For financing the unfunded liability of new and increased annuity 
benefits becoming effective on or after October 20, 1969, as authorized 
by 5 U.S.C. 8348, and annuities under special Acts to be credited to the 
Civil Service Retirement and Disability Fund, such sums as may be 
necessary: Provided, <<NOTE: 33 USC 776. Human Capital Performance 
Fund (including transfer of funds)>> That annuities authorized by the 
Act of May 29, 1944, as amended, and the Act of August 19, 1950, as 
amended (33 U.S.C. 771-775), may hereafter be paid out of the Civil 
                 Service Retirement and Disability Fund.

    For a human capital performance fund, $1,000,000: Provided, That 
such amount shall not be available for obligation or transfer until 
enactment of legislation that establishes a human capital performance 
fund within the Office of Personnel Management: Provided further, That 
such amounts as determined by the Director of the Office of Personnel 
Management may be transferred to Federal agencies to carry out the 
purposes of this fund as authorized: Provided further, That no funds 
shall be available for obligation or transfer to any Federal agency 
until the Director has notified the relevant subcommittees of 
jurisdiction of the Committees on Appropriations of the approval of a 
performance pay plan for that agency, and the prior approval of such 
subcommittees has been attained.

                        Office of Special Counsel

    For necessary expenses to carry out functions of the Office of 
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the 
Civil Service Reform Act of 1978 (Public Law 95-454), as amended, the 
Whistleblower Protection Act of 1989 (Public

[[Page 118 STAT. 340]]

Law 101-12), as amended, Public Law 103-424, and the Uniformed Services 
Employment and Reemployment Act of 1994 (Public Law 103-353), including 
services as authorized by 5 U.S.C. 3109, payment of fees and expenses 
for witnesses, rental of conference rooms in the District of Columbia 
and elsewhere, and hire of passenger motor vehicles; $13,504,000.

                      United States Postal Service

    For payment to the Postal Service Fund for revenue forgone on free 
and reduced rate mail, pursuant to subsections (c) and (d) of section 
2401 of title 39, United States Code, $65,521,000, of which $36,521,000 
shall not be available for obligation until October 1, 2004: Provided, 
That mail for overseas voting and mail for the blind shall continue to 
be free: Provided further, <<NOTE: 39 USC 403 note.>> That 6-day 
delivery and rural delivery of mail shall continue at not less than the 
1983 level: Provided further, That none of the funds made available to 
the Postal Service by this Act shall be used to implement any rule, 
regulation, or policy of charging any officer or employee of any State 
or local child support enforcement agency, or any individual 
participating in a State or local program of child support enforcement, 
a fee for information requested or provided concerning an address of a 
postal customer: Provided further, That none of the funds provided in 
this Act shall be used to consolidate or close small rural and other 
small post offices in fiscal year 2004.

                         United States Tax Court

    For necessary expenses, including contract reporting and other 
services as authorized by 5 U.S.C. 3109, $40,187,000: Provided, 
That <<NOTE: 26 USC 7443 note.>> travel expenses of the judges shall be 
paid upon the written certificate of the judge.

      White House Commission on the National Moment of Remembrance

    For necessary expenses of the White House Commission on the National 
Moment of Remembrance, $250,000.

                       TITLE V--GENERAL PROVISIONS

                                This Act

    Sec. 501. During the current fiscal year applicable appropriations 
to the Department of Transportation shall be available for maintenance 
and operation of aircraft; hire of passenger motor vehicles and 
aircraft; purchase of liability insurance for motor vehicles operating 
in foreign countries on official department business; and uniforms, or 
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).

[[Page 118 STAT. 341]]

    Sec. 502. Such sums as may be necessary for fiscal year 2004 pay 
raises for programs funded in this Act shall be absorbed within the 
levels appropriated in this Act or previous appropriations Acts.
    Sec. 503. Appropriations contained in this Act for the Department of 
Transportation shall be available for services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for an Executive Level IV.
    Sec. 504. None of the funds in this Act shall be available for 
salaries and expenses of more than 106 political and Presidential 
appointees in the Department of Transportation: Provided, That none of 
the personnel covered by this provision may be assigned on temporary 
detail outside the Department of Transportation.
    Sec. 505. None of the funds in this Act shall be used for the 
planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties intervening in regulatory or 
adjudicatory proceedings funded in this Act.
    Sec. 506. None of the funds appropriated in this Act shall remain 
available for obligation beyond the current fiscal year, nor may any be 
transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 507. <<NOTE: Contracts. Public information.>> The expenditure 
of any appropriation under this Act for any consulting service through 
procurement contract pursuant to section 3109 of title 5, United States 
Code, shall be limited to those contracts where such expenditures are a 
matter of public record and available for public inspection, except 
where otherwise provided under existing law, or under existing Executive 
order issued pursuant to existing law.

    Sec. 508. None of the funds in this Act shall be used to implement 
section 404 of title 23, United States Code.
    Sec. 509. (a) No recipient of funds made available in this Act shall 
disseminate personal information (as defined in 18 U.S.C. 2725(3)) 
obtained by a State department of motor vehicles in connection with a 
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided 
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold 
funds provided in this Act for any grantee if a State is in 
noncompliance with this provision.
    Sec. 510. Funds received by the Federal Highway Administration, 
Federal Transit Administration, and Federal Railroad Administration from 
States, counties, municipalities, other public authorities, and private 
sources for expenses incurred for training may be credited respectively 
to the Federal Highway Administration's ``Federal-Aid Highways'' 
account, the Federal Transit Administration's ``Transit Planning and 
Research'' account, and to the Federal Railroad Administration's 
``Safety and Operations'' account, except for State rail safety 
inspectors participating in training pursuant to 49 U.S.C. 20105.
    Sec. 511. Notwithstanding any other provision of law, rule or 
regulation, the Secretary of Transportation is authorized to allow the 
issuer of any preferred stock heretofore sold to the Department to 
redeem or repurchase such stock upon the payment to the Department of an 
amount determined by the Secretary.
    Sec. 512. None of the funds in title I of this Act may be used to 
make a grant unless the Secretary of Transportation notifies the House 
and Senate Committees on Appropriations not less than 3 full business 
days before any discretionary grant award, letter

[[Page 118 STAT. 342]]

of intent, or full funding grant agreement totaling $1,000,000 or more 
is announced by the department or its modal administrations from: (1) 
any discretionary grant program of the Federal Highway Administration 
other than the emergency relief program; (2) the airport improvement 
program of the Federal Aviation Administration; or (3) any program of 
the Federal Transit Administration other than the formula grants and 
fixed guideway modernization programs: Provided, That no notification 
shall involve funds that are not available for obligation.
    Sec. 513. <<NOTE: Oklahoma.>> For the purpose of any applicable law, 
for fiscal year 2004, the City of Norman, Oklahoma, shall be considered 
to be part of the Oklahoma City Transportation Management Area.

    Sec. 514. None of the funds in title I of this Act may be obligated 
for the Office of the Secretary of Transportation to approve assessments 
or reimbursable agreements pertaining to funds appropriated to the modal 
administrations in this Act, except for activities underway on the date 
of enactment of this Act, unless such assessments or agreements have 
completed the normal reprogramming process for Congressional 
notification.
    Sec. 515. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 516. Rebates, refunds, incentive payments, minor fees and other 
funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations of 
the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 517. Funds provided in this Act for the Working Capital Fund 
shall be reduced by $17,816,000, which limits fiscal year 2004 Working 
Capital Fund obligational authority for elements of the Department of 
Transportation funded in this Act to no more than $98,899,000: Provided, 
That such reductions from the budget request shall be allocated by the 
Department of Transportation to each appropriations account in 
proportion to the amount included in each account for the Working 
Capital Fund.
    Sec. 518. Amounts made available in this or any other Act that the 
Secretary determines represent improper payments by the Department of 
Transportation to a third party contractor under a financial assistance 
award, which are recovered pursuant to law, shall be available--
            (1) to reimburse the actual expenses incurred by the 
        Department of Transportation in recovering improper payments; 
        and
            (2) to pay contractors for services provided in recovering 
        improper payments: Provided, That amounts in excess of that 
        required for paragraphs (1) and (2)--
                    (A) shall be credited to and merged with the 
                appropriation from which the improper payments were 
                made, and shall be available for the purposes and period 
                for which such appropriations are available; or
                    (B) if no such appropriation remains available, 
                shall be deposited in the Treasury as miscellaneous 
                receipts:

[[Page 118 STAT. 343]]

                Provided, <<NOTE: Notification.>> That prior to the 
                transfer of any such recovery to an appropriations 
                account, the Secretary shall notify the House and Senate 
                Committees on Appropriations of the amount and reasons 
                for such transfer: Provided further, That for purposes 
                of this section, the term ``improper payments'', has the 
                same meaning as that provided in section 2(d)(2) of 
                Public Law 107-300.

    Sec. 519. The Secretary of Transportation is authorized to transfer 
the unexpended balances available for the bonding assistance program 
from ``Office of the Secretary, Salaries and expenses'' to ``Minority 
Business Outreach''.
    Sec. 520. None of the funds made available by this Act shall be 
available for any activity or for paying the salary of any Government 
employee where funding an activity or paying a salary to a Government 
employee would result in a decision, determination, rule, regulation, or 
policy that would prohibit the enforcement of section 307 of the Tariff 
Act of 1930.
    Sec. 521. (a) In General.--The Secretary of Transportation--
            (1) shall, without regard to any fiscal year limitation, 
        maintain in full force and effect the restrictions imposed under 
        Federal Aviation Administration Notices to Airmen FDC 3/2122, 
        FDC 3/2123, and FDC 2/0199; and
            (2) may not grant any waivers or exemptions from such 
        restrictions, except--
                    (A) as authorized by air traffic control for 
                operational or safety purposes;
                    (B) with respect to an event, stadium, or other 
                venue--
                          (i) for operational purposes;
                          (ii) for the transport of team members, 
                      officials of the governing body, and immediate 
                      family members and guests of such team members and 
                      officials to and from such event, stadium, or 
                      venue;
                          (iii) in the case of a sporting event, for the 
                      transport of equipment or parts to and from such 
                      sporting event;
                          (iv) to permit a broadcast rights holder to 
                      provide broadcast coverage of such event, stadium, 
                      or venue; and
                          (v) for safety and security purposes related 
                      to such event, stadium, or venue; and
                    (C) to allow the operation of an aircraft in 
                restricted airspace to the extent necessary to arrive at 
                or depart from an airport using standard air traffic 
                control procedures.

    (b) Limitations on Use of Funds.--None of the funds appropriated or 
otherwise made available by title I of this Act may be obligated or 
expended to terminate or limit the restrictions imposed under the 
Federal Aviation Administration Notices to Airmen referred to in 
subsection (a), or to grant waivers of, or exemptions from, such 
restrictions except as provided under subsection (a)(2).
    (c) Broadcast Contracts not Affected.--Nothing in this section shall 
be construed to affect contractual rights pertaining to any broadcasting 
agreement.
    Sec. 522. No part of any appropriation contained in this Act shall 
be available to pay the salary for any person filling a position, other 
than a temporary position, formerly held by an employee

[[Page 118 STAT. 344]]

who has left to enter the Armed Forces of the United States and has 
satisfactorily completed his period of active military or naval service, 
and has within 90 days after his release from such service or from 
hospitalization continuing after discharge for a period of not more than 
1 year, made application for restoration to his former position and has 
been certified by the Office of Personnel Management as still qualified 
to perform the duties of his former position and has not been restored 
thereto.
    Sec. 523. No funds appropriated pursuant to this Act may be expended 
by an entity unless the entity agrees that in expending the assistance 
the entity will comply with sections 2 through 4 of the Act of March 3, 
1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy America Act'').
    Sec. 524. (a) Purchase of American-Made Equipment and Products.--
Hereafter, in the case of any equipment or products that may be 
authorized to be purchased with financial assistance provided under this 
Act, it is the sense of the Congress that entities receiving such 
assistance should, in expending the assistance, purchase only American-
made equipment and products.
    (b) Notice to Recipients of Assistance.--In providing financial 
assistance under this Act, the Secretary of the Treasury shall provide 
to each recipient of the assistance a notice describing the statement 
made in subsection (a) by the Congress.
    Sec. 525. Hereafter, if it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, such person shall be ineligible to 
receive any contract or subcontract made with funds provided pursuant to 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 526. Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2004 from appropriations made available for salaries and 
expenses for fiscal year 2004 in this Act, shall remain available 
through September 30, 2005, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to the 
Committees on Appropriations for approval prior to the expenditure of 
such funds: Provided further, That these requests shall be made in 
compliance with reprogramming guidelines.
    Sec. 527. None of the funds made available in this Act may be used 
by the Executive Office of the President to request from the Federal 
Bureau of Investigation any official background investigation report on 
any individual, except when--
            (1) such individual has given his or her express written 
        consent for such request not more than 6 months prior to the 
        date of such request and during the same presidential 
        administration; or
            (2) such request is required due to extraordinary 
        circumstances involving national security.

    Sec. 528. The cost accounting standards promulgated under section 26 
of the Office of Federal Procurement Policy Act (Public Law 93-400; 41 
U.S.C. 422) shall not apply with respect to a contract under the Federal 
Employees Health Benefits Program established under chapter 89 of title 
5, United States Code.

[[Page 118 STAT. 345]]

    Sec. 529. For the purpose of resolving litigation and implementing 
any settlement agreements regarding the nonforeign area cost-of-living 
allowance program, the Office of Personnel Management may accept and 
utilize (without regard to any restriction on unanticipated travel 
expenses imposed in an Appropriations Act) funds made available to the 
Office pursuant to court approval.
    Sec. 530. No funds appropriated or otherwise made available under 
this Act shall be made available to any person or entity that has been 
convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
    Sec. 531. <<NOTE: Abortion.>> No funds appropriated by this Act 
shall be available to pay for an abortion, or the administrative 
expenses in connection with any health plan under the Federal employees 
health benefits program which provides any benefits or coverage for 
abortions.

    Sec. 532. The provision of section 531 shall not apply where the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.
    Sec. 533. None of the funds provided in this Act, provided by 
previous appropriations Acts to the agencies or entities funded in this 
Act that remain available for obligation or expenditure in fiscal year 
2004, or provided from any accounts in the Treasury derived by the 
collection of fees and available to the agencies funded by this Act, 
shall be available for obligation or expenditure through a reprogramming 
of funds that--
            (1) creates a new program;
            (2) eliminates a program, project, or activity;
            (3) increases funds for any program, project, or activity 
        for which funds have been denied or restricted by the Congress;
            (4) proposes to use funds directed for a specific activity 
        by either the House or Senate Committees on Appropriations for a 
        different purpose;
            (5) augments existing programs, projects, or activities in 
        excess of $5,000,000 or 10 percent, whichever is greater; or
            (6) reduces existing programs, projects, or activities by 
        $5,000,000 or 10 percent, whichever is greater,

unless prior approval is received from the House and Senate Committees 
on Appropriations.
    Sec. 534. None of the funds made available in this Act may be used 
to require a State or local government to post a traffic control device 
or variable message sign, or any other type of traffic warning sign, in 
a language other than English, except with respect to the names of 
cities, streets, places, events, or signs related to an international 
border.
    Sec. 535. Exemption From Limitations on Procurement of Foreign 
Information Technology That Is a Commercial Item. (a) Exemption.--In 
order to promote Government access to commercial information technology, 
the restriction on purchasing nondomestic articles, materials, and 
supplies set forth in the Buy American Act (41 U.S.C. 10a et seq.), 
shall not apply to the acquisition by the Federal Government of 
information technology (as defined in section 11101 of title 40, United 
States Code, that is a commercial item (as defined in section 4(12) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)).
    (b) Definition.--Section 11101(6) of title 40, United States Code, 
is amended--
            (1) in subparagraph (A), by inserting after ``storage,'' the 
        following: ``analysis, evaluation,''; and

[[Page 118 STAT. 346]]

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

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

    Sec. 539. It is the sense of Congress that, after proper 
documentation, justification, and review, the Department of 
Transportation should consider programs to reimburse general aviation 
ground support services at Ronald Reagan Washington National Airport, 
and airports located within fifteen miles of Ronald Reagan Washington 
National Airport, for their financial losses due to Government actions 
after the terrorist attacks of September 11, 2001.
    Sec. 540. It is the sense of the House of Representatives that 
public private partnerships (PPPs) could help eliminate some of the cost 
drivers behind complex, capital-intensive highway and transit projects. 
The House of Representatives encourages the Secretary of Transportation 
to apply available funds to select projects that are in the development 
phase, eligible under title 23 and title 49, United States Code, except 
23 U.S.C. 133(b)(8), and that employ a PPP strategy.
    Sec. 541. Section 414(h) of title 39, United States Code, is amended 
by striking ``2003'' and inserting ``2005''.
    Sec. 542. <<NOTE: Fees.>> None of the funds in title I of this Act 
may be used to adopt rules or regulations concerning travel agent 
service fees unless the Department of Transportation publishes in the 
Federal Register revisions to the proposed rule and provides a period 
for additional public comment on such proposed rule for a period not 
less than 60 days.

    Sec. 543. (a) Section 103 of the Presidential Recordings and 
Materials Preservation Act (Public Law 93-526; 44 U.S.C. 2111 note) is 
amended by striking the second sentence and inserting the following: 
``The Archivist may transfer such recordings and materials to a 
Presidential archival depository in accordance with section 2112 of 
title 44, United States Code.''.
    (b) Nothing in section 103 of the Presidential Recordings and 
Materials Preservation Act (Public Law 93-526; 44 U.S.C. 2111 note), as 
amended by subsection (a), may be construed as affecting public access 
to the recordings and materials referred to in that section as provided 
in regulations promulgated pursuant to section 104 of such Act.

[[Page 118 STAT. 347]]

    Sec. <<NOTE: Oklahoma City National Memorial Act Amendments of 
2003. 16 USC 450ss note.>> 544. Amendments to Oklahoma City National 
Memorial Act of 1997. (a) Short Title.--This section may be cited as the 
``Oklahoma City National Memorial Act Amendments of 2003''.

    (b) Foundation Defined; Conforming Amendment.--Section 3 of the 
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-1) is 
amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (2), (3), and (4), respectively;
            (2) by inserting immediately preceding paragraph (2) (as so 
        redesignated by paragraph (1) of this subsection) the following 
        new paragraph:
            ``(1) Foundation.--The term `Foundation' means the Oklahoma 
        City National Memorial Foundation, a not-for-profit corporation 
        that is--
                    ``(A) described in section 501(c)(3) of the Internal 
                Revenue Code of 1986;
                    ``(B) exempt from taxation under section 501(a) of 
                such Code; and
                    ``(C) dedicated to the support of the Memorial.''; 
                and
            (3) in paragraph (3), by striking ``designated under section 
        5(a)''.

    (c) Administration of Memorial by Foundation.--Section 4 of the 
Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss-2) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``a unit'' and inserting ``an 
                affiliate''; and
                    (B) by striking the second sentence;
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following new 
        subsection:

    ``(b) Administration of Memorial.--The Foundation shall administer 
the Memorial in accordance with this Act and the general objectives of 
the `Memorial Mission Statement', adopted March 26, 1996, by the 
Foundation.''; and
            (4) in subsection (c) (as so redesignated by paragraph (2) 
        of this subsection) by striking ``1997 (hereafter'' and all that 
        follows through the final period and inserting ``1997. The map 
        shall be on file and available for public inspection in the 
        appropriate office of the Foundation.''.

    (d) Transfer of Memorial Property, Rights, Authorities, and 
Duties.--Section 5 of the Oklahoma City National Memorial Act of 1997 
(16 U.S.C. 450ss-3) is amended to read as follows:

``SEC. 5. TRANSFER OF MEMORIAL PROPERTY, RIGHTS, AUTHORITIES, AND 
            DUTIES.

    ``(a) Transfer of Memorial Property.--
            ``(1) In general.--Not <<NOTE: Deadline.>> later than 90 
        days after the date of the enactment of the Oklahoma City 
        National Memorial Act Amendments of 2003, the Trust shall 
        transfer to the Foundation--
                    ``(A) all assets of the Trust, including all real 
                and personal property of the Memorial, any 
                appurtenances, buildings, facilities, monuments, 
                contents, artifacts, contracts and contract rights, 
                accounts, deposits, intangibles, trademarks, trade 
                names, copyrights, all other intellectual

[[Page 118 STAT. 348]]

                property, all other real and personal property of every 
                kind and character comprising the Memorial, and any 
                amounts appropriated for the Trust;
                    ``(B) any property owned by the Trust that is 
                adjacent or related to the Memorial; and
                    ``(C) all property maintained for the Memorial, 
                together with all rights, authorities, and duties 
                relating to the ownership, administration, operation, 
                and management of the Memorial.
            ``(2) Subsequent gifts.--Any artifact, memorial, or other 
        personal property that is received by, or is intended by any 
        person to be given to, the Trust after the date of transfer of 
        property under paragraph (1) shall be the property of the 
        Foundation.

    ``(b) Assumption of Trust Obligations.--Any obligations of the Trust 
relating to the Memorial that have been approved by the Trust before the 
date on which the property is transferred under subsection (a) shall 
become the responsibility of the Foundation on the date of the transfer.
    ``(c) Dissolution of Trust.--
Not <<NOTE: Deadline. Notification.>> later than 30 days after the 
transfer under subsection (a) is completed--
            ``(1) the Trust shall be dissolved; and
            ``(2) the Trust shall notify the Secretary of the date of 
        dissolution.

    ``(d) Authority to Enter Into Agreements.--The Secretary, acting 
through the National Park Service, is authorized to enter into 1 or more 
cooperative agreements with the Foundation for the National Park Service 
to provide interpretive services related to the Memorial and such other 
assistance as may be agreed upon between the Secretary and the 
Foundation. The costs of the services and other agreed assistance shall 
be paid by the Secretary.
    ``(e) General Services Administration Authority.--The Administrator 
of General Services shall provide, on a non-reimbursable basis, services 
necessary for the facilitation of the transfer of the Memorial to the 
Foundation.
    ``(f) Limitation.--Nothing in this Act shall prohibit the use of 
State and local law enforcement for the purposes of security related to 
the Memorial.''.
    (e) Repeal of Duties and Authorities of Trust.--
            (1) In general.--Section 6 of the Oklahoma City National 
        Memorial Act of 1997 (16 U.S.C. 450ss-4) is repealed.
            (2) Effective date.--The <<NOTE: 16 USC 450ss-4 
        note.>> repeal under this subsection shall take effect upon the 
        transfer of the Memorial property, rights, authorities, and 
        duties pursuant to the amendments made by subsection (d).

    (f) Authorization of Appropriations.--Section 7 of the Oklahoma City 
National Memorial Act of 1997 (16 U.S.C. 450ss-5) is amended--
            (1) in paragraph (1), by inserting ``for an endowment fund 
        subject to paragraph (2)'' after ``the sum of $5,000,000''; and
            (2) in paragraph (2)--
                    (A) by striking ``Trust or to the Oklahoma City 
                Memorial''; and
                    (B) by striking ``or operation'' and inserting 
                ``operation, or endowment''.

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

[[Page 118 STAT. 349]]

are made available for the Trust, the Secretary of the Interior shall 
reimburse the Oklahoma City National Memorial Foundation for funds 
obligated or expended by the Oklahoma City National Memorial Foundation 
or the Oklahoma City National Memorial Trust to the Secretary of the 
Interior for interpretive services, security, and other costs and 
services related to the Oklahoma City National Memorial before the date 
of the enactment of this Act. The Oklahoma City National Memorial 
Foundation may use such reimbursed funds for the operation, maintenance, 
and permanent endowment of the Oklahoma City National Memorial.
    (h) Repeal of Disposition of Site of Alfred P. Murrah Federal 
Building.--Section 8 of the Oklahoma City National Memorial Act of 1997 
(16 U.S.C. 450ss-6) is repealed.
    (i) Repeal of Study Requirement.--Section 9 of the Oklahoma City 
National Memorial Act of 1997 (16 U.S.C. 450ss-7) is repealed.
    Sec. 545. Notwithstanding any other provision of law, the 
unobligated balance of funds made available to the District of Columbia 
under item 70 in the table contained in section 1106(b)(2) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 
102-240; 105 Stat. 2047) and the unobligated balance of funds made 
available to the District of Columbia under item 554 of the table 
contained in section 1602 of the Transportation Equity Act for the 21st 
Century (Public Law 105-178, as amended; 112 Stat. 277) shall be made 
available to carry out a project for the replacement of the existing 
bridge on Kenilworth Avenue over Nannie Helen Burroughs Avenue and for a 
ferry and ferry facility project on the Anacostia River.
    Sec. 546. Section 345(6), <<NOTE: 117 Stat. 418.>> division I, of 
Public Law 108-7 is amended by adding at the end of the section the 
following ``In implementing section 345(6) the Secretary may also modify 
the permitted uses of draws on the lines of credit to include any repair 
and replacement costs.''.

    Sec. 547. Notwithstanding any other provision of law, projects and 
activities described in the statement of managers accompanying this Act 
under the headings ``Federal-Aid Highways'' and ``Federal Transit 
Administration'' shall be eligible for fiscal year 2004 funds made 
available for the program for which each project or activity is so 
designated and projects and activities under the heading ``Job Access 
and Reverse Commute Grants'' shall be awarded those grants upon receipt 
of an application.

                      TITLE VI--GENERAL PROVISIONS

                 Departments, Agencies, and Corporations

    Sec. 601. Funds appropriated in this or any other Act may be used to 
pay travel to the United States for the immediate family of employees 
serving abroad in cases of death or life threatening illness of said 
employee.
    Sec. 602. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for 
fiscal year 2004 shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from the illegal use, possession, or 
distribution of controlled substances (as

[[Page 118 STAT. 350]]

defined in the Controlled Substances Act) by the officers and employees 
of such department, agency, or instrumentality.
    Sec. 603. <<NOTE: 31 USC 1343 note.>> Unless otherwise specifically 
provided, the maximum amount allowable during the current fiscal year in 
accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), 
for the purchase of any passenger motor vehicle (exclusive of buses, 
ambulances, law enforcement, and undercover surveillance vehicles), is 
hereby fixed at $8,100 except station wagons for which the maximum shall 
be $9,100: Provided, That these limits may be exceeded by not to exceed 
$3,700 for police-type vehicles, and by not to exceed $4,000 for special 
heavy-duty vehicles: Provided further, That the limits set forth in this 
section may not be exceeded by more than 5 percent for electric or 
hybrid vehicles purchased for demonstration under the provisions of the 
Electric and Hybrid Vehicle Research, Development, and Demonstration Act 
of 1976: Provided further, That the limits set forth in this section may 
be exceeded by the incremental cost of clean alternative fuels vehicles 
acquired pursuant to Public Law 101-549 over the cost of comparable 
conventionally fueled vehicles.

    Sec. 604. Appropriations of the executive departments and 
independent establishments for the current fiscal year available for 
expenses of travel, or for the expenses of the activity concerned, are 
hereby made available for quarters allowances and cost-of-living 
allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 605. <<NOTE: 5 USC 3101 note.>> Unless otherwise specified 
during the current fiscal year, no part of any appropriation contained 
in this or any other Act shall be used to pay the compensation of any 
officer or employee of the Government of the United States (including 
any agency the majority of the stock of which is owned by the Government 
of the United States) whose post of duty is in the continental United 
States unless such person: (1) is a citizen of the United States; (2) is 
a person in the service of the United States on the date of the 
enactment of this Act who, being eligible for citizenship, has filed a 
declaration of intention to become a citizen of the United States prior 
to such date and is actually residing in the United States; (3) is a 
person who owes allegiance to the United States; (4) is an alien from 
Cuba, Poland, South Vietnam, the countries of the former Soviet Union, 
or the Baltic countries lawfully admitted to the United States for 
permanent residence; (5) is a South Vietnamese, Cambodian, or Laotian 
refugee paroled in the United States after January 1, 1975; or (6) is a 
national of the People's Republic of China who qualifies for adjustment 
of status pursuant to the Chinese Student Protection Act of 1992: 
Provided, That for the purpose of this section, an affidavit signed by 
any such person shall be considered prima facie evidence that the 
requirements of this section with respect to his or her status have been 
complied with: Provided further, That any person making a false 
affidavit shall be guilty of a felony, and, upon conviction, shall be 
fined no more than $4,000 or imprisoned for not more than 1 year, or 
both: Provided further, That the above penal clause shall be in addition 
to, and not in substitution for, any other provisions of existing law: 
Provided further, That any payment made to any officer or employee 
contrary to the provisions of this section shall be recoverable in 
action by the Federal Government. This section shall not apply to 
citizens of Ireland, Israel, or the Republic of the Philippines, or to 
nationals of those countries allied

[[Page 118 STAT. 351]]

with the United States in a current defense effort, or to international 
broadcasters employed by the United States Information Agency, or to 
temporary employment of translators, or to temporary employment in the 
field service (not to exceed 60 days) as a result of emergencies.
    Sec. 606. Appropriations available to any department or agency 
during the current fiscal year for necessary expenses, including 
maintenance or operating expenses, shall also be available for payment 
to the General Services Administration for charges for space and 
services and those expenses of renovation and alteration of buildings 
and facilities which constitute public improvements performed in 
accordance with the Public Buildings Act of 1959 (73 Stat. 749), the 
Public Buildings Amendments of 1972 (87 Stat. 216), or other applicable 
law.
    Sec. 607. In addition to funds provided in this or any other Act, 
all Federal agencies are authorized to receive and use funds resulting 
from the sale of materials, including Federal records disposed of 
pursuant to a records schedule recovered through recycling or waste 
prevention programs. Such funds shall be available until expended for 
the following purposes:
            (1) Acquisition, waste reduction and prevention, and 
        recycling programs as described in Executive Order No. 13101 
        (September 14, 1998), including any such programs adopted prior 
        to the effective date of the Executive order.
            (2) Other Federal agency environmental management programs, 
        including, but not limited to, the development and 
        implementation of hazardous waste management and pollution 
        prevention programs.
            (3) Other employee programs as authorized by law or as 
        deemed appropriate by the head of the Federal agency.

    Sec. 608. Funds made available by this or any other Act for 
administrative expenses in the current fiscal year of the corporations 
and agencies subject to chapter 91 of title 31, United States Code, 
shall be available, in addition to objects for which such funds are 
otherwise available, for rent in the District of Columbia; services in 
accordance with 5 U.S.C. 3109; and the objects specified under this 
head, all the provisions of which shall be applicable to the expenditure 
of such funds unless otherwise specified in the Act by which they are 
made available: Provided, That in the event any functions budgeted as 
administrative expenses are subsequently transferred to or paid from 
other funds, the limitations on administrative expenses shall be 
correspondingly reduced.
    Sec. 609. No part of any appropriation for the current fiscal year 
contained in this or any other Act shall be paid to any person for the 
filling of any position for which he or she has been nominated after the 
Senate has voted not to approve the nomination of said person.
    Sec. 610. No part of any appropriation contained in this or any 
other Act shall be available for interagency financing of boards (except 
Federal Executive Boards), commissions, councils, committees, or similar 
groups (whether or not they are interagency entities) which do not have 
a prior and specific statutory approval to receive financial support 
from more than one agency or instrumentality.
    Sec. 611. Funds made available by this or any other Act to the 
Postal Service Fund (39 U.S.C. 2003) shall be available for employment 
of guards for all buildings and areas owned or occupied by the Postal 
Service and under the charge and control of the

[[Page 118 STAT. 352]]

Postal Service, and such guards shall have, with respect to such 
property, the powers of special policemen provided by the first section 
of the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318), 
and, as to property owned or occupied by the Postal Service, the 
Postmaster General may take the same actions as the Administrator of 
General Services may take under the provisions of sections 2 and 3 of 
the Act of June 1, 1948, as amended (62 Stat. 281; 40 U.S.C. 318a and 
318b), attaching thereto penal consequences under the authority and 
within the limits provided in section 4 of the Act of June 1, 1948, as 
amended (62 Stat. 281; 40 U.S.C. 318c).
    Sec. 612. None of the funds made available pursuant to the 
provisions of this Act shall be used to implement, administer, or 
enforce any regulation which has been disapproved pursuant to a 
resolution of disapproval duly adopted in accordance with the applicable 
law of the United States.
    Sec. 613. (a) <<NOTE: 5 USC 5343 note.>> Notwithstanding any other 
provision of law, and except as otherwise provided in this section, no 
part of any of the funds appropriated for fiscal year 2004, by this or 
any other Act, may be used to pay any prevailing rate employee described 
in section 5342(a)(2)(A) of title 5, United States Code--
            (1) during the period from the date of expiration of the 
        limitation imposed by the comparable section for previous fiscal 
        years until the normal effective date of the applicable wage 
        survey adjustment that is to take effect in fiscal year 2004, in 
        an amount that exceeds the rate payable for the applicable grade 
        and step of the applicable wage schedule in accordance with such 
        section; and
            (2) during the period consisting of the remainder of fiscal 
        year 2004, in an amount that exceeds, as a result of a wage 
        survey adjustment, the rate payable under paragraph (1) by more 
        than the sum of--
                    (A) the percentage adjustment taking effect in 
                fiscal year 2004 under section 5303 of title 5, United 
                States Code, in the rates of pay under the General 
                Schedule; and
                    (B) the difference between the overall average 
                percentage of the locality-based comparability payments 
                taking effect in fiscal year 2004 under section 5304 of 
                such title (whether by adjustment or otherwise), and the 
                overall average percentage of such payments which was 
                effective in the previous fiscal year under such 
                section.

    (b) Notwithstanding any other provision of law, no prevailing rate 
employee described in subparagraph (B) or (C) of section 5342(a)(2) of 
title 5, United States Code, and no employee covered by section 5348 of 
such title, may be paid during the periods for which subsection (a) is 
in effect at a rate that exceeds the rates that would be payable under 
subsection (a) were subsection (a) applicable to such employee.
    (c) <<NOTE: Regulations.>> For the purposes of this section, the 
rates payable to an employee who is covered by this section and who is 
paid from a schedule not in existence on September 30, 2003, shall be 
determined under regulations prescribed by the Office of Personnel 
Management.

    (d) Notwithstanding any other provision of law, rates of premium pay 
for employees subject to this section may not be changed from the rates 
in effect on September 30, 2003, except to the

[[Page 118 STAT. 353]]

extent determined by the Office of Personnel Management to be consistent 
with the purpose of this section.
    (e) <<NOTE: Applicability.>> This section shall apply with respect 
to pay for service performed after September 30, 2003.

    (f) For the purpose of administering any provision of law (including 
any rule or regulation that provides premium pay, retirement, life 
insurance, or any other employee benefit) that requires any deduction or 
contribution, or that imposes any requirement or limitation on the basis 
of a rate of salary or basic pay, the rate of salary or basic pay 
payable after the application of this section shall be treated as the 
rate of salary or basic pay.
    (g) Nothing in this section shall be considered to permit or require 
the payment to any employee covered by this section at a rate in excess 
of the rate that would be payable were this section not in effect.
    (h) The Office of Personnel Management may provide for exceptions to 
the limitations imposed by this section if the Office determines that 
such exceptions are necessary to ensure the recruitment or retention of 
qualified employees.
    Sec. 614. During the period in which the head of any department or 
agency, or any other officer or civilian employee of the Government 
appointed by the President of the United States, holds office, no funds 
may be obligated or expended in excess of $5,000 to furnish or 
redecorate the office of such department head, agency head, officer, or 
employee, or to purchase furniture or make improvements for any such 
office, unless advance notice of such furnishing or redecoration is 
expressly approved by the Committees on Appropriations. For the purposes 
of this section, the term ``office'' shall include the entire suite of 
offices assigned to the individual, as well as any other space used 
primarily by the individual or the use of which is directly controlled 
by the individual.
    Sec. 615. Notwithstanding section 1346 of title 31, United States 
Code, or section 610 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of national security and emergency preparedness 
telecommunications initiatives which benefit multiple Federal 
departments, agencies, or entities, as provided by Executive Order No. 
12472 (April 3, 1984).
    Sec. 616. (a) None of the funds appropriated by this or any other 
Act may be obligated or expended by any Federal department, agency, or 
other instrumentality for the salaries or expenses of any employee 
appointed to a position of a confidential or policy-determining 
character excepted from the competitive service pursuant to section 3302 
of title 5, United States Code, without a certification to the Office of 
Personnel Management from the head of the Federal department, agency, or 
other instrumentality employing the Schedule C appointee that the 
Schedule C position was not created solely or primarily in order to 
detail the employee to the White House.
    (b) The provisions of this section shall not apply to Federal 
employees or members of the armed services detailed to or from--
            (1) the Central Intelligence Agency;
            (2) the National Security Agency;
            (3) the Defense Intelligence Agency;
            (4) the offices within the Department of Defense for the 
        collection of specialized national foreign intelligence through 
        reconnaissance programs;

[[Page 118 STAT. 354]]

            (5) the Bureau of Intelligence and Research of the 
        Department of State;
            (6) any agency, office, or unit of the Army, Navy, Air 
        Force, and Marine Corps, the Department of Homeland Security, 
        the Federal Bureau of Investigation and the Drug Enforcement 
        Administration of the Department of Justice, the Department of 
        Transportation, the Department of the Treasury, and the 
        Department of Energy performing intelligence functions; and
            (7) the Director of Central Intelligence.

    Sec. 617. No department, agency, or instrumentality of the United 
States receiving appropriated funds under this or any other Act for the 
current fiscal year shall obligate or expend any such funds, unless such 
department, agency, or instrumentality has in place, and will continue 
to administer in good faith, a written policy designed to ensure that 
all of its workplaces are free from discrimination and sexual harassment 
and that all of its workplaces are not in violation of title VII of the 
Civil Rights Act of 1964, as amended, the Age Discrimination in 
Employment Act of 1967, and the Rehabilitation Act of 1973.
    Sec. 618. No part of any appropriation contained in this or any 
other Act shall be available for the payment of the salary of any 
officer or employee of the Federal Government, who--
            (1) prohibits or prevents, or attempts or threatens to 
        prohibit or prevent, any other officer or employee of the 
        Federal Government from having any direct oral or written 
        communication or contact with any Member, committee, or 
        subcommittee of the Congress in connection with any matter 
        pertaining to the employment of such other officer or employee 
        or pertaining to the department or agency of such other officer 
        or employee in any way, irrespective of whether such 
        communication or contact is at the initiative of such other 
        officer or employee or in response to the request or inquiry of 
        such Member, committee, or subcommittee; or
            (2) removes, suspends from duty without pay, demotes, 
        reduces in rank, seniority, status, pay, or performance of 
        efficiency rating, denies promotion to, relocates, reassigns, 
        transfers, disciplines, or discriminates in regard to any 
        employment right, entitlement, or benefit, or any term or 
        condition of employment of, any other officer or employee of the 
        Federal Government, or attempts or threatens to commit any of 
        the foregoing actions with respect to such other officer or 
        employee, by reason of any communication or contact of such 
        other officer or employee with any Member, committee, or 
        subcommittee of the Congress as described in paragraph (1).

    Sec. 619. (a) None of the funds made available in this or any other 
Act may be obligated or expended for any employee training that--
            (1) does not meet identified needs for knowledge, skills, 
        and abilities bearing directly upon the performance of official 
        duties;
            (2) contains elements likely to induce high levels of 
        emotional response or psychological stress in some participants;
            (3) does not require prior employee notification of the 
        content and methods to be used in the training and written end 
        of course evaluation;

[[Page 118 STAT. 355]]

            (4) contains any methods or content associated with 
        religious or quasi-religious belief systems or ``new age'' 
        belief systems as defined in Equal Employment Opportunity 
        Commission Notice N-915.022, dated September 2, 1988; or
            (5) is offensive to, or designed to change, participants' 
        personal values or lifestyle outside the workplace.

    (b) Nothing in this section shall prohibit, restrict, or otherwise 
preclude an agency from conducting training bearing directly upon the 
performance of official duties.
    Sec. 620. No funds appropriated in this or any other Act may be used 
to implement or enforce the agreements in Standard Forms 312 and 4414 of 
the Government or any other nondisclosure policy, form, or agreement if 
such policy, form, or agreement does not contain the following 
provisions: ``These restrictions are consistent with and do not 
supersede, conflict with, or otherwise alter the employee obligations, 
rights, or liabilities created by Executive Order No. 12958; section 
7211 of title 5, United States Code (governing disclosures to Congress); 
section 1034 of title 10, United States Code, as amended by the Military 
Whistleblower Protection Act (governing disclosure to Congress by 
members of the military); section 2302(b)(8) of title 5, United States 
Code, as amended by the Whistleblower Protection Act (governing 
disclosures of illegality, waste, fraud, abuse or public health or 
safety threats); the Intelligence Identities Protection Act of 1982 (50 
U.S.C. 421 et seq.) (governing disclosures that could expose 
confidential Government agents); and the statutes which protect against 
disclosure that may compromise the national security, including sections 
641, 793, 794, 798, and 952 of title 18, United States Code, and section 
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. 783(b)). The 
definitions, requirements, obligations, rights, sanctions, and 
liabilities created by said Executive order and listed statutes are 
incorporated into this agreement and are controlling.'': Provided, That 
notwithstanding the preceding paragraph, a nondisclosure policy form or 
agreement that is to be executed by a person connected with the conduct 
of an intelligence or intelligence-related activity, other than an 
employee or officer of the United States Government, may contain 
provisions appropriate to the particular activity for which such 
document is to be used. Such form or agreement shall, at a minimum, 
require that the person will not disclose any classified information 
received in the course of such activity unless specifically authorized 
to do so by the United States Government. Such nondisclosure forms shall 
also make it clear that they do not bar disclosures to Congress or to an 
authorized official of an executive agency or the Department of Justice 
that are essential to reporting a substantial violation of law.
    Sec. 621. <<NOTE: Lobbying.>> No part of any funds appropriated in 
this or any other Act shall be used by an agency of the executive 
branch, other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, and for the 
preparation, distribution or use of any kit, pamphlet, booklet, 
publication, radio, television or film presentation designed to support 
or defeat legislation pending before the Congress, except in 
presentation to the Congress itself.

    Sec. 622. None of the funds appropriated by this or any other Act 
may be used by an agency to provide a Federal employee's home address to 
any labor organization except when the employee

[[Page 118 STAT. 356]]

has authorized such disclosure or when such disclosure has been ordered 
by a court of competent jurisdiction.
    Sec. 623. None of the funds made available in this Act or any other 
Act may be used to provide any non-public information such as mailing or 
telephone lists to any person or any organization outside of the Federal 
Government without the approval of the Committees on Appropriations.
    Sec. 624. No part of any appropriation contained in this or any 
other Act shall be used for publicity or propaganda purposes within the 
United States not heretofore authorized by the Congress.
    Sec. 625. (a) In this section the term ``agency''--
            (1) means an executive agency as defined under section 105 
        of title 5, United States Code;
            (2) includes a military department as defined under section 
        102 of such title, the Postal Service, and the Postal Rate 
        Commission; and
            (3) shall not include the General Accounting Office.

    (b) Unless authorized in accordance with law or regulations to use 
such time for other purposes, an employee of an agency shall use 
official time in an honest effort to perform official duties. An 
employee not under a leave system, including a Presidential appointee 
exempted under section 6301(2) of title 5, United States Code, has an 
obligation to expend an honest effort and a reasonable proportion of 
such employee's time in the performance of official duties.
    Sec. 626. Notwithstanding 31 U.S.C. 1346 and section 610 of this 
Act, funds made available for the current fiscal year by this or any 
other Act to any department or agency, which is a member of the Joint 
Financial Management Improvement Program (JFMIP), shall be available to 
finance an appropriate share of JFMIP administrative costs, as 
determined by the JFMIP, but not to exceed a total of $800,000 including 
the salary of the Executive Director and staff support.
    Sec. 627. Notwithstanding 31 U.S.C. 1346 and section 610 of this 
Act, the head of each executive department and agency is hereby 
authorized to transfer to or reimburse the ``Policy and Citizen 
Services'' account, General Services Administration, with the approval 
of the Director of the Office of Management and Budget, funds made 
available for the current fiscal year by this or any other Act, 
including rebates from charge card and other contracts. These funds 
shall be administered by the Administrator of General Services to 
support Government-wide financial, information technology, procurement, 
and other management innovations, initiatives, and activities, as 
approved by the Director of the Office of Management and Budget, in 
consultation with the appropriate interagency groups designated by the 
Director (including the Chief Financial Officers Council and the Joint 
Financial Management Improvement Program for financial management 
initiatives, the Chief Information Officers Council for information 
technology initiatives, and the Procurement Executives Council for 
procurement initiatives). The total funds transferred or reimbursed 
shall not exceed $17,000,000. Such transfers or reimbursements may only 
be made 15 days following notification of the Committees on 
Appropriations by the Director of the Office of Management and Budget.
    Sec. 628. None of the funds made available in this or any other Act 
may be used by the Office of Personnel Management or any other 
department or agency of the Federal Government

[[Page 118 STAT. 357]]

to prohibit any agency from using appropriated funds as they see fit to 
independently contract with private companies to provide online 
employment applications and processing services.
    Sec. 629. <<NOTE: Breastfeeding.>> Notwithstanding any other 
provision of law, a woman may breastfeed her child at any location in a 
Federal building or on Federal property, if the woman and her child are 
otherwise authorized to be present at the location.

    Sec. 630. Nothwithstanding section 1346 of title 31, United States 
Code, or section 610 of this Act, funds made available for the current 
fiscal year by this or any other Act shall be available for the 
interagency funding of specific projects, workshops, studies, and 
similar efforts to carry out the purposes of the National Science and 
Technology Council (authorized by Executive Order No. 12881), which 
benefit multiple Federal departments, agencies, or entities: 
Provided, <<NOTE: Reports. Deadline.>> That the Office of Management and 
Budget shall provide a report describing the budget of and resources 
connected with the National Science and Technology Council to the 
Committees on Appropriations, the House Committee on Science; and the 
Senate Committee on Commerce, Science, and Transportation 90 days after 
enactment of this Act.

    Sec. 631. Any request for proposals, solicitation, grant 
application, form, notification, press release, or other publications 
involving the distribution of Federal funds shall indicate the agency 
providing the funds, the Catalog of Federal Domestic Assistance Number, 
as applicable, and the amount provided. This provision shall apply to 
direct payments, formula funds, and grants received by a State receiving 
Federal funds.
    Sec. 632. Subsection (f) of section 403 of Public Law 103-356 (31 
U.S.C. 501 note) is amended by striking ``October 1, 2003'' and 
inserting ``October 1, 2004''.
    Sec. 633. (a) Prohibition of Federal Agency Monitoring of Personal 
Information on Use of Internet.--None of the funds made available in 
this or any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregate list, 
        derived from any means, that includes the collection of any 
        personally identifiable information relating to an individual's 
        access to or use of any Federal Government Internet site of the 
        agency; or
            (2) to enter into any agreement with a third party 
        (including another Government agency) to collect, review, or 
        obtain any aggregate list, derived from any means, that includes 
        the collection of any personally identifiable information 
        relating to an individual's access to or use of any 
        nongovernmental Internet site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to the rendition of the Internet 
        site

[[Page 118 STAT. 358]]

        services or to the protection of the rights or property of the 
        provider of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.
            (2) The term ``supervisory'' means examinations of the 
        agency's supervised institutions, including assessing safety and 
        soundness, overall financial condition, management practices and 
        policies and compliance with applicable standards as provided in 
        law.

    Sec. 634. (a) None of the funds appropriated by this Act may be used 
to enter into or renew a contract which includes a provision providing 
prescription drug coverage, except where the contract also includes a 
provision for contraceptive coverage.
    (b) Nothing in this section shall apply to a contract with--
            (1) any of the following religious plans:
                    (A) Personal Care's HMO; and
                    (B) OSF Health Plans, Inc.; and
            (2) any existing or future plan, if the carrier for the plan 
        objects to such coverage on the basis of religious beliefs.

    (c) In implementing this section, any plan that enters into or 
renews a contract under this section may not subject any individual to 
discrimination on the basis that the individual refuses to prescribe or 
otherwise provide for contraceptives because such activities would be 
contrary to the individual's religious beliefs or moral convictions.
    (d) <<NOTE: Abortion.>> Nothing in this section shall be construed 
to require coverage of abortion or abortion-related services.

    Sec. 635. The Congress of the United States recognizes the United 
States Anti-Doping Agency (USADA) as the official anti-doping agency for 
Olympic, Pan American, and Paralympic sport in the United States.
    Sec. 636. <<NOTE: Deadline. Reports.>> Not later than 6 months after 
the date of enactment of this Act, the Inspector General of each 
applicable department or agency shall submit to the Committee on 
Appropriations a report detailing what policies and procedures are in 
place for each department or agency to give first priority to the 
location of new offices and other facilities in rural areas, as directed 
by the Rural Development Act of 1972.

    Sec. 637. None of the funds made available under this or any other 
Act for fiscal year 2004 shall be expended for the purchase of a product 
or service offered by Federal Prison Industries, Inc., unless the agency 
making such purchase determines that such offered product or service 
provides the best value to the buying agency pursuant to Government-wide 
procurement regulations, issued pursuant to section 25(c)(1) of the 
Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose 
procedures, standards, and limitations of section 2410n of title 10, 
United States Code.
    Sec. 638. <<NOTE: Credit. 5 USC 5701 note.>> Each executive 
department and agency shall evaluate the creditworthiness of an 
individual before issuing the individual a Government purchase charge 
card or Government travel charge card. The department or agency may not 
issue a Government purchase charge card or Government travel charge card 
to an individual that either lacks a credit history or is found to have 
an unsatisfactory credit history as a result of this evaluation: 
Provided, That this restriction shall not preclude issuance of a 
restricted-use charge, debit, or stored value card made in accordance 
with agency

[[Page 118 STAT. 359]]

procedures to (a) an individual with an unsatisfactory credit history 
where such card is used to pay travel expenses and the agency determines 
there is no suitable alternative payment mechanism available before 
issuing the card, or (b) an individual who lacks a credit history. Each 
executive department and agency shall establish guidelines and 
procedures for disciplinary actions to be taken against agency personnel 
for improper, fraudulent, or abusive use of Government charge cards, 
which shall include appropriate disciplinary actions for use of charge 
cards for purposes, and at establishments, that are inconsistent with 
the official business of the Department or agency or with applicable 
standards of conduct.
    Sec. 639. Section 640(c) of the Treasury and General Government 
Appropriations Act, 2000 (Public Law 106-58; 2 U.S.C. 437g note 1), as 
amended by section 642 of the Treasury and General Government 
Appropriations Act, 2002 (Public Law 107-67), is amended by striking 
``December 31, 2003'' and inserting ``December 31, 2005''.
    Sec. 640. (a) <<NOTE: Effective date. 5 USC 5303 note.>> The 
adjustment in rates of basic pay for employees under the statutory pay 
systems that takes effect in fiscal year 2004 under sections 5303 and 
5304 of title 5, United States Code, shall be an increase of 4.1 
percent, and this adjustment shall apply to civilian employees in the 
Department of Defense and the Department of Homeland Security and such 
adjustments shall be effective as of the first day of the first 
applicable pay period beginning on or after January 1, 2004.

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

[[Page 118 STAT. 360]]

        shall be considered the date of filing the designation, report 
        or statement. If a designation, report or statement filed 
        pursuant to this Act (other than under paragraph (2)(A)(i) or 
        (4)(A)(ii), or subsection (g)(1)) is sent by an overnight 
        delivery service with an on-line tracking system, the date on 
        the proof of delivery to the delivery service shall be 
        considered the date of filing of the designation, report, or 
        statement.''.

    Sec. 642. Notwithstanding any other provision of law, funds 
appropriated for official travel by Federal departments and agencies may 
be used by such departments and agencies, if consistent with Office of 
Management and Budget Circular A-126 regarding official travel for 
Government personnel, to participate in the fractional aircraft 
ownership pilot program.
    Sec. 643. Notwithstanding any other provision of law, no executive 
branch agency shall purchase, construct, and/or lease any additional 
facilities, except within or contiguous to existing locations, to be 
used for the purpose of conducting Federal law enforcement training 
without the advance approval of the Committees on Appropriations, except 
that the Federal Law Enforcement Training Center is authorized to obtain 
the temporary use of additional facilities by lease, contract, or other 
agreement for training which cannot be accommodated in existing Center 
facilities.
    Sec. 644. None of the funds provided in this Act shall be used to 
implement or enforce regulations for locality pay areas in fiscal year 
2004 that are inconsistent with the recommendations of the Federal 
Salary Council adopted on October 7, 2003.
    Sec. 645. (a) <<NOTE: Deadline. Reports.>> Not later than 180 days 
after the enactment of this Act, the head of each Federal agency shall 
submit a report to Congress on the amount of the acquisitions made by 
the agency from entities that manufacture the articles, materials, or 
supplies outside of the United States in that fiscal year.

    (b) The report required by subsection (a) shall separately 
indicate--
            (1) the dollar value of any articles, materials, or supplies 
        purchased that were manufactured outside of the United States;
            (2) an itemized list of all waivers granted with respect to 
        such articles, materials, or supplies under the Buy American Act 
        (41 U.S.C. 10a et seq.); and
            (3) a summary of the total procurement funds spent on goods 
        manufactured in the United States versus funds spent on goods 
        manufactured outside of the United States.

    (c) <<NOTE: Public information.>> The head of each Federal agency 
submitting a report under subsection (a) shall make the report publicly 
available to the maximum extent practicable.

    Sec. 646. Notwithstanding any other provision of law, none of the 
funds appropriated or made available under this Act or any other 
appropriations Act may be used to implement or enforce restrictions or 
limitations on the Coast Guard Congressional Fellowship Program, or to 
implement the proposed regulations of the Office of Personnel Management 
to add sections 300.311 through 300.316 to part 300 of title 5 of the 
Code of Federal Regulations, published in the Federal Register, volume 
68, number 174, on September 9, 2003 (relating to the detail of 
executive branch employees to the legislative branch): Provided, That if 
such proposed regulations are final regulations on the date of enactment 
of this Act, none of the funds appropriated or made available under this

[[Page 118 STAT. 361]]

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

    (b) <<NOTE: Deadline. Reports. 31 USC 501 note.>> Not later than 120 
days following the enactment of this Act and not later than December 31 
of each year thereafter, the head of each executive agency shall submit 
to Congress a report on the competitive sourcing activities on the list 
required under the Federal Activities Inventory Reform Act of 1998 
(Public Law 105-270; 31 U.S.C. 501 note) that were performed for such 
executive agency during the previous fiscal year by Federal Government 
sources. The report shall include--
            (1) the total number of competitions completed;
            (2) the total number of competitions announced, together 
        with a list of the activities covered by such competitions;
            (3) the total number (expressed as a full-time employee 
        equivalent number) of the Federal employees studied under 
        completed competitions;
            (4) the total number (expressed as a full-time employee 
        equivalent number) of the Federal employees that are being 
        studied under competitions announced but not completed;
            (5) the incremental cost directly attributable to conducting 
        the competitions identified under paragraphs (1) and (2), 
        including costs attributable to paying outside consultants and 
        contractors;
            (6) an estimate of the total anticipated savings, or a 
        quantifiable description of improvements in service or 
        performance, derived from completed competitions;
            (7) actual savings, or a quantifiable description of 
        improvements in service or performance, derived from the 
        implementation of competitions completed after May 29, 2003;
            (8) the total projected number (expressed as a full-time 
        employee equivalent number) of the Federal employees that are to 
        be covered by competitions scheduled to be announced in the 
        fiscal year covered by the next report required under this 
        section; and
            (9) a general description of how the competitive sourcing 
        decisionmaking processes of the executive agency are aligned 
        with the strategic workforce plan of that executive agency.

[[Page 118 STAT. 362]]

    (c) The head of an executive agency may not be required, under 
Office of Management and Budget Circular A-76 or any other policy, 
directive, or regulation, to automatically limit to 5 years or less the 
performance period in a letter of obligation, or other agreement, issued 
to executive agency employees, if such a letter or other agreement was 
issued as the result of a public-private competition conducted in 
accordance with the circular.
    (d) <<NOTE: 31 USC 501 note.>> Hereafter, the head of an executive 
agency may expend funds appropriated or otherwise made available for any 
purpose to the executive agency under this or any other Act to monitor 
(in the administration of responsibilities under Office of Management 
and Budget Circular A-76 or any related policy, directive, or 
regulation) the performance of an activity or function of the executive 
agency that has previously been subjected to a public-private 
competition under such circular.

    (e) An activity or function of an executive agency that is converted 
to contractor performance under Office of Management and Budget Circular 
A-76 may not be performed by the contractor at a location outside the 
United States except to the extent that such activity or function was 
previously performed by Federal Government employees outside the United 
States.
    (f) <<NOTE: 31 USC 501 note.>> In this section, the term ``executive 
agency'' has the meaning given such term in section 4 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 403).

    Sec. 648. Notwithstanding section 1346 of title 31, United States 
Code, and section 610 of this Act, the head of each executive department 
and agency shall transfer to or reimburse the Federal Aviation 
Administration, with the approval of the Director of the Office of 
Management and Budget, funds made available by this or any other Act for 
the purposes described below, and shall submit budget requests for such 
purposes. These funds shall be administered by the Federal Aviation 
Administration as approved by the Director of the Office of Management 
and Budget, in consultation with the appropriate interagency groups 
designated by the Director to ensure the operation of the Midway Atoll 
Airfield by the Federal Aviation Administration pursuant to an 
operational agreement with the Department of the Interior. The total 
funds transferred or reimbursed shall not exceed $6,000,000 and shall 
not be available for activities other than the operation of the 
airfield. <<NOTE: Notification. Dedline.>> The Director of the Office of 
Management and Budget shall notify the Committees on Appropriations of 
such transfers or reimbursements within 15 days of this 
Act. <<NOTE: Deadline.>> Such transfers or reimbursements shall begin 
within 30 days of enactment of this Act.

    This division may be cited as the ``Transportation, Treasury, and 
Independent Agencies Appropriations Act, 2004''.

[[Page 118 STAT. 363]]

  DIVISION G--DEPARTMENTS <<NOTE: Departments of Veterans Affairs and 
 Housing and Urban Development, and Independent Agencies Appropriations 
Act, 2004.>> OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
INDEPENDENT AGENCIES APPROPRIATIONS ACT, 2004

                                 An Act

   Making appropriations for the Departments of Veterans Affairs and 
  Housing and Urban Development, and for sundry independent agencies, 
   boards, commissions, corporations, and offices for the fiscal year 
           ending September 30, 2004, and for other purposes.

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of Veterans 
Affairs and Housing and Urban Development, and for sundry independent 
agencies, boards, commissions, corporations, and offices for the fiscal 
year ending September 30, 2004, and for other purposes, namely:

                 TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

    For the payment of compensation benefits to or on behalf of veterans 
and a pilot program for disability examinations as authorized by law (38 
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits 
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15, 
51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and 
other officers' retirement pay, adjusted-service credits and 
certificates, payment of premiums due on commercial life insurance 
policies guaranteed under the provisions of article IV of the Soldiers' 
and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 540 et seq.) and 
for other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and 
2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 
122, 123; 45 Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain 
available until expended: Provided, That not to exceed $17,056,000 of 
the amount appropriated under this heading shall be reimbursed to 
``General operating expenses'' and ``Medical services'' for necessary 
expenses in implementing those provisions authorized in the Omnibus 
Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of 
1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which 
is specifically provided as the ``Compensation and pensions'' 
appropriation: Provided further, That such sums as may be earned on an 
actual qualifying patient basis, shall be reimbursed to ``Medical 
facilities revolving fund'' to augment the funding of individual medical 
 facilities for nursing home care provided to pensioners as authorized.

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

[[Page 118 STAT. 364]]

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,529,734,000, to 
remain available until expended: Provided, That expenses for 
rehabilitation program services and assistance which the Secretary is 
authorized to provide under section 3104(a) of title 38, United States 
Code, other than under subsection (a)(1), (2), (5), and (11) of that 
               section, shall be charged to this account.

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19; 
70 Stat. 887; 72 Stat. 487, $29,017,000, to remain available until 
                                expended.

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by 38 U.S.C. chapter 
37, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
during fiscal year 2004, within the resources available, not to exceed 
$300,000 in gross obligations for direct loans are authorized for 
specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $154,850,000, which may be transferred to and 
    merged with the appropriation for ``General operating expenses''.

    For the cost of direct loans, $1,000, as authorized by 38 U.S.C. 
3698, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $3,400.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $70,000, which may be transferred to and merged 
       with the appropriation for ``General operating expenses''.

    For the cost of direct loans, $52,000, as authorized by 38 U.S.C. 
chapter 31, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
funds made available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$3,938,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $300,000, which may be transferred

[[Page 118 STAT. 365]]

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

    For administrative expenses to carry out the direct loan program 
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000, 
which may be transferred to and merged with the appropriation for 
``General operating expenses'': Provided, That no new loans in excess of 
$50,000,000 may be made in fiscal year 2004.

  guaranteed transitional housing loans for homeless veterans program 
                                 account

    For the administrative expenses to carry out the guaranteed 
transitional housing loan program authorized by 38 U.S.C. chapter 37, 
subchapter VI, not to exceed $600,000 of the amounts appropriated by 
this Act for ``General operating expenses'' and ``Medical services'' may 
be expended.

                     Veterans Health Administration

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in paragraphs (1) 
through (8) of section 1705(a) of title 38, United States Code, 
including care and treatment in facilities not under the jurisdiction of 
the department and including medical supplies and equipment and salaries 
and expenses of health-care employees hired under title 38, United 
States Code, and aid to State homes as authorized by section 1741 of 
title 38, United States Code; $17,867,220,000, plus reimbursements: 
Provided, That of the funds made available under this heading, not to 
exceed $1,100,000,000 shall be available until September 30, 2005: 
Provided further, That, notwithstanding any other provision of law, the 
Secretary of Veterans Affairs shall establish a priority for treatment 
for veterans who are service-connected disabled, lower income, or have 
special needs: Provided further, That, notwithstanding any other 
provision of law, the Secretary of Veterans Affairs shall give priority 
funding for the provision of basic medical benefits to veterans in 
enrollment priority groups 1 through 6: Provided further, That of the 
funds made available under this heading, the Secretary may transfer up 
to $400,000,000 to ``Construction, major projects'' for purposes of 
implementing CARES subject to a determination by the Secretary that such 
funds will improve access and quality of veteran's health care needs: 
Provided further, That, notwithstanding any other provision of law, the 
Secretary of Veterans Affairs may authorize the dispensing of 
prescription drugs from Veterans Health Administration facilities to 
enrolled veterans with privately written prescriptions based on 
requirements established by the Secretary: Provided further, That the 
implementation of the program described in the previous proviso shall 
incur no additional cost to the Department of Veterans Affairs.

[[Page 118 STAT. 366]]

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; information technology hardware and software; 
uniforms or allowances therefor, as authorized by sections 5901-5902 of 
title 5, United States Code; and administrative and legal expenses of 
the department for collecting and recovering amounts owed the department 
as authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); 
$5,000,000,000, of which $150,000,000 shall be available until September 
                     30, 2005, plus reimbursements.

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities and other necessary 
facilities for the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction and renovation of any 
facility under the jurisdiction or for the use of the department; for 
oversight, engineering and architectural activities not charged to 
project costs; for repairing, altering, improving or providing 
facilities in the several hospitals and homes under the jurisdiction of 
the department, not otherwise provided for, either by contract or by the 
hire of temporary employees and purchase of materials; for leases of 
facilities; and for laundry and food services, $4,000,000,000, of which 
        $150,000,000 shall be available until September 30, 2005.

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of title 
38, United States Code, to remain available until September 30, 2005, 
$408,000,000, plus reimbursements.

                       Departmental Administration

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of department-wide capital planning, management and policy 
activities, uniforms or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, and the Department of Defense for the cost of 
overseas employee mail, $1,283,272,000: Provided, That expenses for 
services and assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5), 
and (11) that the Secretary determines are necessary to enable entitled 
veterans: (1) to the maximum extent feasible, to become employable and 
to obtain and maintain suitable employment; or (2) to achieve maximum 
independence in daily living, shall be charged to this account: Provided 
further, That the Veterans Benefits Administration shall be funded at 
not less than $1,005,000,000: Provided

[[Page 118 STAT. 367]]

further, That of the funds made available under this heading, not to 
exceed $66,000,000 shall be available for obligation until September 30, 
2005: Provided further, That from the funds made available under this 
heading, the Veterans Benefits Administration may purchase up to two 
passenger motor vehicles for use in operations of that Administration in 
                          Manila, Philippines.

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; and hire of passenger motor vehicles, $144,203,000: 
Provided, That of the funds made available under this heading, not to 
     exceed $7,200,000 shall be available until September 30, 2005.

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
   amended, $62,000,000, to remain available until September 30, 2005.

    For constructing, altering, extending and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, or for any of the purposes 
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 
8110, and 8122 of title 38, United States Code, including planning, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm drainage 
system construction costs, and site acquisition, where the estimated 
cost of a project is more than the amount set forth in 38 U.S.C. 
8104(a)(3)(A) or where funds for a project were made available in a 
previous major project appropriation, $272,690,000, to remain available 
until expended, of which $181,000,000 shall be for Capital Asset 
Realignment for Enhanced Services (CARES) activities; and of which 
$10,000,000 shall be to make reimbursements as provided in 41 U.S.C. 612 
for claims paid for contract disputes: Provided, That except for advance 
planning activities, including needs assessments which may or may not 
lead to capital investments, and other capital asset management related 
activities, such as portfolio development and management activities, and 
investment strategy studies funded through the advance planning fund and 
the planning and design activities funded through the design fund and 
CARES funds, including needs assessments which may or may not lead to 
capital investments, none of the funds appropriated under this heading 
shall be used for any project which has not been approved by the 
Congress in the budgetary process: Provided further, That funds provided 
in this appropriation for fiscal year 2004, for each approved project 
(except those for CARES activities referenced above) shall be obligated: 
(1) by the awarding of a construction documents contract by September 
30, 2004; and (2) by the awarding of a construction

[[Page 118 STAT. 368]]

contract by September 30, 2005: Provided 
further, <<NOTE: Reports. construction, minor projects>> That the 
Secretary of Veterans Affairs shall promptly report in writing to the 
Committees on Appropriations any approved major construction project in 
which obligations are not incurred within the time limitations 
                           established above.

    For constructing, altering, extending, and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm drainage 
system construction costs, and site acquisition, or for any of the 
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 
8109, 8110, 8122, and 8162 of title 38, United States Code, where the 
estimated cost of a project is equal to or less than the amount set 
forth in 38 U.S.C. 8104(a)(3)(A), $252,144,000, to remain available 
until expended, along with unobligated balances of previous 
``Construction, minor projects'' appropriations which are hereby made 
available for any project where the estimated cost is equal to or less 
than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of which 
$40,000,000 shall be for Capital Asset Realignment for Enhanced Services 
(CARES) activities: Provided, That from amounts appropriated under this 
heading, additional amounts may be used for CARES activities upon 
notification of and approval by the Committees on Appropriations: 
Provided further, That funds in this account shall be available for: (1) 
repairs to any of the nonmedical facilities under the jurisdiction or 
for the use of the department which are necessary because of loss or 
damage caused by any natural disaster or catastrophe; and (2) temporary 
measures necessary to prevent or to minimize further loss by such 
                                 causes.

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify or alter existing 
hospital, nursing home and domiciliary facilities in State homes, for 
furnishing care to veterans as authorized by 38 U.S.C. 8131-8137, 
            $102,100,000, to remain available until expended.

    For grants to aid States in establishing, expanding, or improving 
State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000, 
                   to remain available until expended.

    Sec. 101. Any appropriation for fiscal year 2004 for ``Compensation 
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' may be transferred to any other of the mentioned 
appropriations.

[[Page 118 STAT. 369]]

    Sec. 102. Appropriations available to the Department of Veterans 
Affairs for fiscal year 2004 for salaries and expenses shall be 
available for services authorized by 5 U.S.C. 3109 hire of passenger 
motor vehicles; lease of a facility or land or both; and uniforms or 
allowances therefore, as authorized by 5 U.S.C. 5901-5902.
    Sec. 103. No appropriations in this Act for the Department of 
Veterans Affairs (except the appropriations for ``Construction, major 
projects'', ``Construction, minor projects'', and the ``Parking 
revolving fund'') shall be available for the purchase of any site for or 
toward the construction of any new hospital or home.
    Sec. 104. No appropriations in this Act for the Department of 
Veterans Affairs shall be available for hospitalization or examination 
of any persons (except beneficiaries entitled under the laws bestowing 
such benefits to veterans, and persons receiving such treatment under 5 
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost 
is made to the ``Medical services'' account at such rates as may be 
fixed by the Secretary of Veterans Affairs.
    Sec. 105. Appropriations available to the Department of Veterans 
Affairs for fiscal year 2004 for ``Compensation and pensions'', 
``Readjustment benefits'', and ``Veterans insurance and indemnities'' 
shall be available for payment of prior year accrued obligations 
required to be recorded by law against the corresponding prior year 
accounts within the last quarter of fiscal year 2003.
    Sec. 106. Appropriations accounts available to the Department of 
Veterans Affairs for fiscal year 2004 shall be available to pay prior 
year obligations of corresponding prior year appropriations accounts 
resulting from title X of the Competitive Equality Banking Act, Public 
Law 100-86, except that if such obligations are from trust fund accounts 
they shall be payable from ``Compensation and pensions''.
    Sec. 107. Notwithstanding any other provision of law, during fiscal 
year 2004, the Secretary of Veterans Affairs shall, from the National 
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life 
Insurance Fund (38 U.S.C. 1923), and the United States Government Life 
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating 
expenses'' account for the cost of administration of the insurance 
programs financed through those accounts: Provided, That reimbursement 
shall be made only from the surplus earnings accumulated in an insurance 
program in fiscal year 2004 that are available for dividends in that 
program after claims have been paid and actuarially determined reserves 
have been set aside: Provided further, That if the cost of 
administration of an insurance program exceeds the amount of surplus 
earnings accumulated in that program, reimbursement shall be made only 
to the extent of such surplus earnings: Provided further, That the 
Secretary shall determine the cost of administration for fiscal year 
2004 which is properly allocable to the provision of each insurance 
program and to the provision of any total disability income insurance 
included in such insurance program.
    Sec. 108. <<NOTE: Termination date. 31 USC 501 
note.>> Notwithstanding any other provision of law, the Department of 
Veterans Affairs shall continue the Franchise Fund pilot program 
authorized to be established by section 403 of Public Law 103-356 until 
October 1, 2004: Provided, That the Franchise Fund, established by title 
I of Public Law 104-204 to finance

[[Page 118 STAT. 370]]

the operations of the Franchise Fund pilot program, shall continue until 
October 1, 2004.
    Sec. 109. Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.
    Sec. 110. Funds available in any Department of Veterans Affairs 
appropriation for fiscal year 2004 or funds for salaries and other 
administrative expenses shall also be available to reimburse the Office 
of Resolution Management and the Office of Employment Discrimination 
Complaint Adjudication for all services provided at rates which will 
recover actual costs but not exceed $29,318,000 for the Office of 
Resolution Management and $3,059,000 for the Office of Employment and 
Discrimination Complaint Adjudication: Provided, That payments may be 
made in advance for services to be furnished based on estimated costs: 
Provided further, That amounts received shall be credited to ``General 
operating expenses'' for use by the office that provided the service.
    Sec. 111. <<NOTE: Contracts. Reports. Deadline.>> No appropriations 
in this Act for the Department of Veterans Affairs shall be available to 
enter into any new lease of real property if the estimated annual rental 
is more than $300,000 unless the Secretary submits a report which the 
Committees on Appropriations of the Congress approve within 30 days 
following the date on which the report is received.

    Sec. 112. No appropriations in this Act for the Department of 
Veterans Affairs shall be available for hospitalization or treatment of 
any person by reason of eligibility under section 1710(a)(3) of title 
38, United States Code, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require--
            (1) current, accurate third-party reimbursement information 
        for purposes of section 1729 of such title; and
            (2) annual income information for purposes of section 1722 
        of such title.

    Sec. 113. Of the amounts provided in this Act, $25,000,000 shall be 
for information technology initiatives to support the enterprise 
architecture of the Department of Veterans Affairs.
    Sec. 114. None of the funds in this Act may be used to implement 
sections 2 and 5 of Public Law 107-287.
    Sec. 115. Receipts that would otherwise be credited to the Veterans 
Extended Care Revolving Fund, the Medical Facilities Revolving Fund, the 
Special Therapeutic and Rehabilitation Fund, the Nursing Home Revolving 
Fund, the Veterans Health Services Improvement Fund, and the Parking 
Revolving Fund shall be deposited into the Medical Care Collections 
Fund, and shall be transferred to ``Medical services'', to remain 
available until expended, to carry out the purposes of ``Medical 
services''.
    Sec. 116. (a) <<NOTE: Contracts.>> The Secretary of Veterans Affairs 
shall conduct by contract a program of recovery audits for the fee basis 
and other medical services contracts with respect to payments for 
hospital care. Notwithstanding section 3302(b) of title 31, United 
States Code, amounts collected, by setoff or otherwise, as the result of 
such audits shall be available, without fiscal year limitation, for the 
purposes for which funds are appropriated under ``Medical services'' and 
the purposes of paying a contractor a percent of

[[Page 118 STAT. 371]]

the amount collected as a result of an audit carried out by the 
contractor.
    (b) All amounts so collected under subsection (a) with respect to a 
designated health care region (as that term is defined in section 
1729A(d)(2) of title 38, United States Code) shall be allocated, net of 
payments to the contractor, to that region.
    Sec. 117. Notwithstanding any other provision of law, at the 
discretion of the Secretary of Veterans Affairs, proceeds or revenues 
derived from enhanced-use leasing activities (including disposal) that 
are deposited into the Medical Care Collections Fund may be transferred 
and merged with ``Construction, major projects'' and ``Construction, 
minor projects'' accounts and be used for construction (including site 
acquisition and disposition), alterations and improvements of any 
medical facility under the jurisdiction or for the use of the Department 
of Veterans Affairs. Such sums as realized are in addition to the amount 
provided for in ``Construction, major projects'' and ``Construction, 
minor projects''.
    Sec. 118. Amounts made available under ``Medical services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the department.

    Sec. 119. That such sums as may be deposited to the Medical Care 
Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to 
``Medical services'', to remain available until expended for the 
purposes of this account.
    Sec. 120. Amounts made available for fiscal year 2004 under the 
``Medical services'', ``Medical administration'', and ``Medical 
facilities'' accounts may be transferred between the accounts to the 
extent necessary to implement the restructuring of the Veterans Health 
Administration accounts after notice of the amount and purpose of the 
transfer is provided to the Committees on Appropriations of the Senate 
and House of Representatives and a period of 30 days has elapsed: 
Provided, That the limitation on transfers is 20 percent in fiscal year 
2004.
    Sec. 121. <<NOTE: Deadline.>> The Department of Veterans Affairs 
shall implement the Veterans Health Administration account structure 
described under this Act by no later than 90 days after the date of 
enactment of this Act and shall submit its fiscal year 2005 budget 
justifications using the identical structure provided under this Act.

    Sec. 122. That of the unobligated balances remaining from prior year 
recoveries under the heading ``Medical care'', $270,000,000 are 
rescinded.

          TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                        Public and Indian Housing

    For activities and assistance under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $19,371,481,762, and amounts that are

[[Page 118 STAT. 372]]

recaptured in this account, to remain available until expended: 
Provided, That of the amounts made available under this heading, 
$15,171,481,762 and the aforementioned recaptures shall be available on 
October 1, 2003 and $4,200,000,000 shall be available on October 1, 
2004: Provided further, That amounts made available under this heading 
are provided as follows:
            (1) $17,635,130,745 for expiring or terminating section 8 
        project-based subsidy contracts (including section 8 moderate 
        rehabilitation contracts), for amendments to section 8 project-
        based subsidy contracts, for contracts entered into pursuant to 
        section 441 of the McKinney-Vento Homeless Assistance Act, for 
        the renewal of section 8 contracts for units in projects that 
        are subject to approved plans of action under the Emergency Low 
        Income Housing Preservation Act of 1987 or the Low-Income 
        Housing Preservation and Resident Homeownership Act of 1990, and 
        for renewals of expiring section 8 tenant-based annual 
        contributions contracts (including amendments and renewals of 
        enhanced vouchers under any provision of law authorizing such 
        assistance under section 8(t) of the Act (42 U.S.C. 1437f(t))): 
        Provided, <<NOTE: Contracts.>> That notwithstanding any other 
        provision of law, the Secretary shall renew expiring section 8 
        tenant-based annual contributions contracts for each public 
        housing agency, (including for agencies participating in the 
        Moving to Work demonstration, unit months representing section 8 
        tenant-based assistance funds committed by the public housing 
        agency for specific purposes, other than reserves, that are 
        authorized pursuant to any agreement and conditions entered into 
        under such demonstration, and utilized in compliance with any 
        applicable program obligation deadlines) based on the total 
        number of unit months which were under lease as reported on the 
        most recent end-of-year financial statement submitted by the 
        public housing agency to the Department, or as adjusted by such 
        additional information submitted by the public housing agency to 
        the Secretary as of August 1, 2003 (subject to verification), 
        and by applying an inflation factor based on local or regional 
        factors to the actual per unit cost: Provided further, That none 
        of the funds made available in this paragraph may be used to 
        support a total number of unit months under lease which exceeds 
        a public housing agency's authorized level of units under 
        contract;
            (2) $136,846,017 for a central fund to be allocated by the 
        Secretary for amendments to section 8 tenant-based annual 
        contributions contracts for such purposes set forth in this 
        paragraph: Provided, That subject to the following proviso, the 
        Secretary may use amounts made available in such fund, as 
        necessary, for an increase in the total number of unit months 
        under lease as compared to the number of unit months under lease 
        as of August 1, 2003, provided for by the annual contributions 
        contract: Provided further, <<NOTE: Deadline.>> That if a public 
        housing agency, at any point in time during their fiscal year, 
        has obligated the amounts made available to such agency pursuant 
        to paragraph (1) under this heading for the renewal of expiring 
        section 8 tenant-based annual contributions contracts, and if 
        such agency has expended 50 percent of the amounts available to 
        such agency in its annual contributions contract reserve 
        account, the Secretary may only make available amounts as are 
        necessary from amounts available from such central fund

[[Page 118 STAT. 373]]

        to fund additional leased units under the preceding proviso 
        within thirty days of a request from such agency: Provided 
        further, That none of the funds made available in this paragraph 
        may be used to support a total number of unit months under lease 
        which exceeds a public housing agency's authorized level of 
        units under contract: Provided further, <<NOTE: Reports.>> That 
        the Secretary shall provide quarterly reports to the Committees 
        on Appropriations of the House and the Senate on the obligation 
        of funds provided in this paragraph in accordance with the 
        directions specified in the report accompanying this Act;
            (3) $206,495,000 for section 8 rental assistance for 
        relocation and replacement of housing units that are demolished 
        or disposed of pursuant to the Omnibus Consolidated Rescissions 
        and Appropriations Act of 1996 (Public Law 104-134), conversion 
        of section 23 projects to assistance under section 8, the family 
        unification program under section 8(x) of the Act, relocation of 
        witnesses in connection with efforts to combat crime in public 
        and assisted housing pursuant to a request from a law 
        enforcement or prosecution agency, enhanced vouchers under any 
        provision of law authorizing such assistance under section 8(t) 
        of the Act (42 U.S.C.1437f(t)), and tenant protection 
        assistance, including replacement and relocation assistance;
            (4) $48,000,000 for family self-sufficiency coordinators 
        under section 23 of the Act;
            (5) not to exceed $1,242,000,000 for administrative and 
        other expenses of public housing agencies in administering the 
        section 8 tenant-based rental assistance program, of which up to 
        $50,000,000 shall be available to the Secretary to allocate to 
        public housing agencies that need additional funds to administer 
        their section 8 programs: Provided, That not to exceed 
        $1,192,000,000 of the amount provided in this paragraph shall be 
        allocated on a pro rata basis to public housing agencies based 
        on the amount public housing agencies were eligible to receive 
        in fiscal year 2003 without regard to the reduction required for 
        excess administrative fee balances: Provided further, That, 
        amounts under this paragraph shall be distributed according to 
        the requirements of this paragraph and notwithstanding any other 
        provision of law: Provided further, That none of the funds 
        provided in this Act or any other Act may be used to supplement 
        the amounts provided in this paragraph: Provided further, That 
        all such administrative fee amounts provided under this 
        paragraph shall be only for activities related to the provision 
        of rental assistance under section 8, including related 
        development activities;
            (6) $100,000,000 for contract administrators for section 8 
        project-based assistance; and
            (7) not less than $3,010,000 shall be transferred to the 
        Working Capital Fund for the development of and modifications to 
        information technology systems which serve programs or 
        activities under ``Public and Indian Housing'': Provided, That 
        the Secretary may transfer up to 15 percent of funds provided 
        under paragraphs (1), (2), or (5), herein to paragraphs (1) or 
        (2), if the Secretary determines that such action is necessary

[[Page 118 STAT. 374]]

        because the funding provided under one such paragraph otherwise 
        would be depleted and as a result, the maximum utilization of 
        section 8 tenant-based assistance with the funds appropriated 
        for this purpose by this Act would not be feasible: Provided 
        further, <<NOTE: Notification. Deadline.>> That prior to 
        undertaking the transfer of funds in excess of 10 percent from 
        any paragraph pursuant to the previous proviso, the Secretary 
        shall notify the Chairman and Ranking Member of the 
        Subcommittees on Veterans Affairs and Housing and Urban 
        Development, and Independent Agencies of the Committees on 
        Appropriations of the House of Representatives and the Senate 
        and shall not transfer any such funds until 30 days after such 
        notification: Provided further, That incremental vouchers 
        previously made available under this heading for non-elderly 
        disabled families shall, to the extent practicable, continue to 
        be provided to non-elderly disabled families upon turnover: 
        Provided further, <<NOTE: Records.>> That, hereafter, the 
        Secretary shall require public housing agencies to submit 
        accounting data for funds disbursed under this heading in this 
        Act and prior Acts by source and purpose of such funds: Provided 
        further, <<NOTE: Deadline. public housing capital 
        fund (including transfer of funds)>> That $2,844,000,000 is 
        rescinded from unobligated balances remaining from funds 
        appropriated to the Department of Housing and Urban Development 
        under this heading or the heading ``Annual contributions for 
        assisted housing'' or any other heading for fiscal year 2003 and 
        prior years, to be effected by the Secretary no later than 
        September 30, 2004: Provided further, That any such balances 
        governed by reallocation provisions under the statute 
        authorizing the program for which the funds were originally 
        appropriated shall be available for the rescission: Provided 
        further, That any obligated balances of contract authority from 
        fiscal year 1974 and prior that have been terminated shall be 
                                   cancelled.

    For the Public Housing Capital Fund Program to carry out capital and 
management activities for public housing agencies, as authorized under 
section 9 of the United States Housing Act of 1937, as amended (42 
U.S.C. 1437g) (the ``Act'') $2,712,255,000, to remain available until 
September 30, 2007: Provided, That notwithstanding any other provision 
of law or regulation, during fiscal year 2004, the Secretary may not 
delegate to any Department official other than the Deputy Secretary and 
the Assistant Secretary for Public and Indian Housing any authority 
under paragraph (2) of section 9(j) regarding the extension of the time 
periods under such section: Provided further, That for purposes of such 
section 9(j), the term ``obligate'' means, with respect to amounts, that 
the amounts are subject to a binding agreement that will result in 
outlays, immediately or in the future: Provided further, That of the 
total amount provided under this heading, up to $50,000,000 shall be for 
carrying out activities under section 9(h) of such Act, of which 
$13,000,000 shall be for the provision of remediation services to public 
housing agencies identified as ``troubled'' under the section 8 
Management Assessment Program and for surveys used to calculate local 
Fair Market Rents and assess housing conditions in connection with 
rental assistance under section 8 of the Act: Provided further, That of 
the total amount provided under

[[Page 118 STAT. 375]]

this heading, up to $500,000 shall be for lease adjustments to section 
23 projects, and no less than $10,610,000 shall be transferred to the 
Working Capital Fund for the development of and modifications to 
information technology systems which serve programs or activities under 
``Public and Indian housing'': Provided further, That no funds may be 
used under this heading for the purposes specified in section 9(k) of 
the United States Housing Act of 1937, as amended: Provided further, 
That of the total amount provided under this heading, up to $40,000,000 
shall be available for the Secretary of Housing and Urban Development to 
make grants to public housing agencies for emergency capital needs 
resulting from emergencies and natural disasters in fiscal year 2004: 
Provided further, That of the total amount provided under this heading, 
$55,000,000 shall be for supportive services, service coordinators and 
congregate services as authorized by section 34 of the Act and the 
Native American Housing Assistance and Self-Determination Act of 1996: 
Provided further, That of the total amount provided under this heading, 
$15,000,000 shall be for Neighborhood Networks grants for activities 
authorized in section 9(d)(1)(E) of the United States Housing Act of 
1937, as amended: Provided further, That notwithstanding any other 
provision of law, amounts made available in the previous proviso shall 
be awarded to public housing agencies on a competitive basis.
    The first proviso under this heading in the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 2003, <<NOTE: 117 Stat. 486. public housing 
         operating fund>> is amended by striking ``1998, 1999''.

    For 2004 payments to public housing agencies for the operation and 
management of public housing, as authorized by section 9(e) of the 
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)), 
$3,600,000,000: Provided, That of the total amount provided under this 
heading, $10,000,000 shall be for programs, as determined appropriate by 
the Attorney General, which assist in the investigation, prosecution, 
and prevention of violent crimes and drug offenses in public and 
federally-assisted low-income housing, including Indian housing, which 
shall be administered by the Department of Justice through a 
reimbursable agreement with the Department of Housing and Urban 
Development: Provided further, That, <<NOTE: 42 USC 1437g 
note. revitalization of severely distressed public housing (hope 
VI)>> in fiscal year 2004 and all fiscal years hereafter, no amounts 
under this heading in any appropriations Act may be used for payments to 
public housing agencies for the costs of operation and management of 
public housing for any year prior to the current year of such Act: 
Provided further, That no funds may be used under this heading for the 
purposes specified in section 9(k) of the United States Housing Act of 
                            1937, as amended.

    For grants to public housing agencies for demolition, site 
revitalization, replacement housing, and tenant-based assistance grants 
to projects as authorized by section 24 of the United States Housing Act 
of 1937, as amended, $150,000,000, to remain available until September 
30, 2005, of which the Secretary may use up to $4,000,000 for technical 
assistance and contract expertise, to be provided directly or indirectly 
by grants, contracts or cooperative

[[Page 118 STAT. 376]]

agreements, including training and cost of necessary travel for 
participants in such training, by or to officials and employees of the 
department and of public housing agencies and to residents: Provided, 
That none of such funds shall be used directly or indirectly by granting 
competitive advantage in awards to settle litigation or pay judgments, 
                   unless expressly permitted herein.

    For the Native American Housing Block Grants program, as authorized 
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), 
$654,100,000, to remain available until expended, of which $2,200,000 
shall be contracted through the Secretary as technical assistance and 
capacity building to be used by the National American Indian Housing 
Council in support of the implementation of NAHASDA; of which $4,500,000 
shall be to support the inspection of Indian housing units, contract 
expertise, training, and technical assistance in the training, 
oversight, and management of Indian housing and tenant-based assistance, 
including up to $300,000 for related travel; and of which no less than 
$2,720,000 shall be transferred to the Working Capital Fund for 
development of and modifications to information technology systems which 
serve programs or activities under ``Public and Indian housing'': 
Provided, That of the amount provided under this heading, $2,000,000 
shall be made available for the cost of guaranteed notes and other 
obligations, as authorized by title VI of NAHASDA: Provided further, 
That such costs, including the costs of modifying such notes and other 
obligations, shall be as defined in section 502 of the Congressional 
Budget Act of 1974, as amended: Provided further, That these funds are 
available to subsidize the total principal amount of any notes and other 
obligations, any part of which is to be guaranteed, not to exceed 
$16,658,000: Provided further, That for administrative expenses to carry 
out the guaranteed loan program, up to $150,000 from amounts in the 
first proviso, which shall be transferred to and merged with the 
appropriation for ``Salaries and expenses'', to be used only for the 
                administrative costs of these guarantees.

    For the cost of guaranteed loans, as authorized by section 184 of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a), 
$5,300,000, to remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$197,243,000.
    In addition, for administrative expenses to carry out the guaranteed 
loan program, up to $250,000 from amounts in the first paragraph, which 
shall be transferred to and merged with the appropriation for ``Salaries 
and expenses'', to be used only for the administrative costs of these 
guarantees.

[[Page 118 STAT. 377]]

    For the cost of guaranteed loans, as authorized by section 184A of 
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b), 
$1,035,000, to remain available until expended: Provided, That such 
costs, including the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$39,712,000.
    In addition, for administrative expenses to carry out the guaranteed 
loan program, up to $35,000 from amounts in the first paragraph, which 
shall be transferred to and merged with the appropriation for ``Salaries 
and expenses'', to be used only for the administrative costs of these 
guarantees.

                   Community Planning and Development

    For carrying out the Housing Opportunities for Persons with AIDS 
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C. 
12901 et seq.), $296,500,000, to remain available until September 30, 
2005: Provided, That the Secretary shall renew all expiring contracts 
for permanent supportive housing that were funded under section 
854(c)(3) of such Act that meet all program requirements before awarding 
funds for new contracts and activities authorized under this section: 
Provided further, That the Secretary may use up to $2,500,000 of the 
funds under this heading for training, oversight, and technical 
                         assistance activities.

    For the Office of Rural Housing and Economic Development in the 
Department of Housing and Urban Development, $25,000,000 to remain 
available until expended, which amount shall be competitively awarded by 
June 1, 2004, to Indian tribes, State housing finance agencies, State 
community and/or economic development agencies, local rural nonprofits 
and community development corporations to support innovative housing and 
             economic development activities in rural areas.

    For grants in connection with a second round of empowerment zones 
and enterprise communities, $15,000,000, to remain available until 
September 30, 2005, for ``Urban Empowerment Zones'', as authorized in 
section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 
1391(g)), including $1,000,000 for each empowerment zone for use in 
conjunction with economic development activities consistent with the 
strategic plan of each empowerment zone.

[[Page 118 STAT. 378]]

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $4,950,000,000, to remain available until September 30, 
2006: Provided, That of the amount provided, $4,356,550,000 is for 
carrying out the community development block grant program under title I 
of the Housing and Community Development Act of 1974, as amended (the 
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That unless 
explicitly provided for under this heading (except for planning grants 
provided in the third paragraph and amounts made available in the second 
paragraph), not to exceed 20 percent of any grant made with funds 
appropriated under this heading (other than a grant made available in 
this paragraph to the Housing Assistance Council or the National 
American Indian Housing Council, or a grant using funds under section 
107(b)(3) of the Act) shall be expended for planning and management 
development and administration: Provided further, That $72,000,000 shall 
be for grants to Indian tribes notwithstanding section 106(a)(1) of such 
Act; $3,300,000 shall be for a grant to the Housing Assistance Council; 
$2,500,000 shall be for a grant to the National American Indian Housing 
Council; $5,000,000 shall be available as a grant to the National 
Housing Development Corporation, for operating expenses not to exceed 
$2,000,000 and for a program of affordable housing acquisition and 
rehabilitation; $5,000,000 shall be available as a grant to the National 
Council of La Raza for the HOPE Fund, of which $500,000 is for technical 
assistance and fund management, and $4,500,000 is for investments in the 
HOPE Fund and financing to affiliated organizations; $52,000,000 shall 
be for grants pursuant to section 107 of the Act, of which $9,500,000 
shall be for the Native Hawaiian block grant authorized under title VIII 
of the Native American Housing Assistance and Self-Determination Act of 
1996; no less than $4,900,000 shall be transferred to the Working 
Capital Fund for the development of and modification to information 
technology systems which serve programs or activities under ``Community 
planning and development''; $27,000,000 shall be for grants pursuant to 
the Self Help Homeownership Opportunity Program; $34,750,000 shall be 
for capacity building, of which $30,000,000 shall be for Capacity 
Building for Community Development and Affordable Housing for LISC and 
the Enterprise Foundation for activities as authorized by section 4 of 
the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect 
immediately before June 12, 1997, with not less than $5,000,000 of the 
funding to be used in rural areas, including tribal areas, and of which 
$4,750,000 shall be for capacity building activities administered by 
Habitat for Humanity International; $65,000,000 shall be available for 
YouthBuild program activities authorized by subtitle D of title IV of 
the Cranston-Gonzalez National Affordable Housing Act, as amended, and 
such activities shall be an eligible activity with respect to any funds 
made available under this heading: Provided, That local YouthBuild 
programs that demonstrate an ability to leverage private and nonprofit 
funding shall be given a priority for YouthBuild funding: Provided 
further, That no more than 10 percent of any grant award under the 
YouthBuild program may be used for administrative costs: Provided 
further, That of the

[[Page 118 STAT. 379]]

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

[[Page 118 STAT. 380]]

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

[[Page 118 STAT. 381]]

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

[[Page 118 STAT. 382]]

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

    From balances of the Urban Development Action Grant Program, as 
authorized by title I of the Housing and Community Development Act of 
              1974, as amended, $30,000,000 are cancelled.

    For the cost of guaranteed loans, $6,325,000, to remain available 
until September 30, 2005, as authorized by section 108 of the Housing 
and Community Development Act of 1974, as amended: Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974, as amended: 
Provided further, That these funds are available to subsidize total loan 
principal, any part of which is to be guaranteed, not to exceed 
$275,000,000, notwithstanding any aggregate limitation on outstanding 
obligations guaranteed in section 108(k) of the Housing and Community 
Development Act of 1974, as amended.
    In addition, for administrative expenses to carry out the guaranteed 
loan program, $1,000,000 which shall be transferred to and merged with 
            the appropriation for ``Salaries and expenses''.

    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $25,000,000, to remain 
                   available until September 30, 2005.

    For the HOME investment partnerships program, as authorized under 
title II of the Cranston-Gonzalez National Affordable Housing Act, as 
amended, $1,930,000,000, to remain available until September 30, 2006: 
Provided, That of the total amount provided in this paragraph, up to 
$40,000,000 shall be available for housing counseling under section 106 
of the Housing and Urban Development Act of 1968 and no less than 
$2,100,000 shall be transferred to the Working Capital Fund for the 
development of and modifications to information technology systems which 
serve programs or activities under ``Community planning and 
development''.
    In addition to amounts otherwise made available under this heading, 
$87,500,000, to remain available until September 30, 2006, for 
assistance to homebuyers as authorized under title II of the Cranston-
Gonzalez National Affordable Housing Act, as amended: Provided, That the 
Secretary shall provide such assistance in accordance with a formula to 
be established by the Secretary that considers, among other things, a 
participating jurisdiction's need

[[Page 118 STAT. 383]]

for, and prior commitment to, assistance to homebuyers: Provided 
further, That should legislation be enacted prior to April 15, 2004, to 
authorize a new down-payment assistance program under the HOME 
Investment Partnership Act, the amounts provided under this paragraph 
shall be distributed for downpayment assistance in accordance with the 
               terms and conditions set forth in such Act.

    For the emergency shelter grants program as authorized under 
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as 
amended; the supportive housing program as authorized under subtitle C 
of title IV of such Act; the section 8 moderate rehabilitation single 
room occupancy program as authorized under the United States Housing Act 
of 1937, as amended, to assist homeless individuals pursuant to section 
441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus 
care program as authorized under subtitle F of title IV of such Act, 
$1,267,000,000, of which $1,247,000,000 to remain available until 
September 30, 2006, and of which $20,000,000 to remain available until 
expended: Provided, That not less than 30 percent of funds made 
available, excluding amounts provided for renewals under the shelter 
plus care program, shall be used for permanent housing: Provided 
further, That all funds awarded for services shall be matched by 25 
percent in funding by each grantee: Provided further, That the Secretary 
shall renew on an annual basis expiring contracts or amendments to 
contracts funded under the shelter plus care program if the program is 
determined to be needed under the applicable continuum of care and meets 
appropriate program requirements and financial standards, as determined 
by the Secretary: Provided further, That all awards of assistance under 
this heading shall be required to coordinate and integrate homeless 
programs with other mainstream health, social services, and employment 
programs for which homeless populations may be eligible, including 
Medicaid, State Children's Health Insurance Program, Temporary 
Assistance for Needy Families, Food Stamps, and services funding through 
the Mental Health and Substance Abuse Block Grant, Workforce Investment 
Act, and the Welfare-to-Work grant program: Provided further, That 
$12,000,000 of the funds appropriated under this heading shall be 
available for the national homeless data analysis project and technical 
assistance: Provided further, That no less than $2,580,000 of the funds 
appropriated under this heading shall be transferred to the Working 
Capital Fund for the development of and modifications to information 
technology systems which serve programs or activities under ``Community 
planning and development''.

                            Housing Programs

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental

[[Page 118 STAT. 384]]

assistance for the elderly under section 202(c)(2) of such Act, 
including amendments to contracts for such assistance and renewal of 
expiring contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $778,320,000, plus 
recaptures and cancelled commitments, to remain available until 
September 30, 2006, of which amount $30,000,000 shall be for service 
coordinators and the continuation of existing congregate service grants 
for residents of assisted housing projects, and of which amount up to 
$25,000,000 shall be for grants under section 202b of the Housing Act of 
1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under such 
section to assisted living or related use and for emergency capital 
repairs as determined by the Secretary: Provided, That of the amount 
made available under this heading, $20,000,000 shall be available to the 
Secretary of Housing and Urban Development only for making competitive 
grants to private nonprofit organizations and consumer cooperatives for 
covering costs of architectural and engineering work, site control, and 
other planning relating to the development of supportive housing for the 
elderly that is eligible for assistance under section 202 of the Housing 
Act of 1959 (12 U.S.C. 1701q): Provided further, That no less than 
$470,000 shall be transferred to the Working Capital Fund for the 
development of and modifications to information technology systems which 
serve programs or activities under ``Housing programs'' or ``Federal 
Housing Administration'': Provided further, That the Secretary may waive 
the provisions of section 202 governing the terms and conditions of 
project rental assistance, except that the initial contract term for 
such assistance shall not exceed 5 years in duration: Provided further, 
That all balances outstanding, as of September 30, 2003, for capital 
advances, including amendments to capital advances, for housing for the 
elderly, as authorized by section 202, for project rental assistance for 
housing for the elderly, as authorized under section 202(c)(2) of such 
Act, including amendments to contracts shall be transferred to and 
     merged with the amounts for those purposes under this heading.

    For capital advance contracts, including amendments to capital 
advance contracts, for supportive housing for persons with disabilities, 
as authorized by section 811 of the Cranston-Gonzalez National 
Affordable Housing Act, for project rental assistance for supportive 
housing for persons with disabilities under section 811(d)(2) of such 
Act, including amendments to contracts for such assistance and renewal 
of expiring contracts for such assistance for up to a 1-year term, and 
for supportive services associated with the housing for persons with 
disabilities as authorized by section 811(b)(1) of such Act, and for 
tenant-based rental assistance contracts entered into pursuant to 
section 811 of such Act, $250,570,000, plus recaptures and cancelled 
commitments to remain available until September 30, 2006: Provided, That 
no less than $470,000 shall be transferred to the Working Capital Fund 
for the development of and modifications to information technology 
systems which serve programs or activities under ``Housing programs'' or 
``Federal Housing Administration'': Provided further, That of the amount 
provided under this heading, other than amounts

[[Page 118 STAT. 385]]

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

    From the Rental Housing Assistance Fund, all uncommitted balances of 
excess rental charges as of September 30, 2003, and any collections made 
during fiscal year 2004, shall be transferred to the Flexible Subsidy 
Fund, as authorized by section 236(g) of the National Housing Act, as 
                                amended.

    Up to $303,000,000 of recaptured section 236 budget authority 
resulting from prepayment of mortgages subsidized under section 236 of 
the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in 
fiscal year 2004: Provided, That the limitation otherwise applicable to 
the maximum payments that may be required in any fiscal year by all 
contracts entered into under section 236 is reduced in fiscal year 2004 
by not more than $303,000,000 in uncommitted balances of authorizations 
of contract authority provided for this purpose in prior appropriations 
                                  Acts.

    For necessary expenses as authorized by the National Manufactured 
Housing Construction and Safety Standards Act of 1974, as amended (42 
U.S.C. 5401 et seq.), up to $13,000,000 to remain available until 
expended, to be derived from the Manufactured Housing Fees Trust Fund: 
Provided, That not to exceed the total amount appropriated under this 
heading shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures pending the 
receipt of collections to the Fund pursuant to section 620 of such Act: 
Provided further, That the amount made available under this heading from 
the general fund shall be reduced as such collections are received 
during fiscal year 2004 so as to result in a final fiscal year 2004 
appropriation from the general fund estimated at not more than $0 and

[[Page 118 STAT. 386]]

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

                     Federal Housing Administration

    During fiscal year 2004, commitments to guarantee loans to carry out 
the purposes of section 203(b) of the National Housing Act, as amended, 
shall not exceed a loan principal of $185,000,000,000.
    During fiscal year 2004, obligations to make direct loans to carry 
out the purposes of section 204(g) of the National Housing Act, as 
amended, shall not exceed $50,000,000: Provided, That the foregoing 
amount shall be for loans to nonprofit and governmental entities in 
connection with sales of single family real properties owned by the 
Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
    For administrative expenses necessary to carry out the guaranteed 
and direct loan program, $359,000,000, of which not to exceed 
$355,000,000 shall be transferred to the appropriation for ``Salaries 
and expenses''; and not to exceed $4,000,000 shall be transferred to the 
appropriation for ``Office of Inspector General''. In addition, for 
administrative contract expenses, $85,000,000, of which no less than 
$20,744,000 shall be transferred to the Working Capital Fund for the 
development of and modifications to information technology systems which 
serve programs or activities under ``Housing programs'' or ``Federal 
Housing Administration'': Provided, That to the extent guaranteed loan 
commitments exceed $65,500,000,000 on or before April 1, 2004, an 
additional $1,400 for administrative contract expenses shall be 
available for each $1,000,000 in additional guaranteed loan commitments 
(including a pro rata amount for any amount below $1,000,000), but in no 
   case shall funds made available by this proviso exceed $30,000,000.

    For the cost of guaranteed loans, as authorized by sections 238 and 
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including 
the cost of loan guarantee modifications, as that term is defined in 
section 502 of the Congressional Budget Act of 1974, as amended, 
$15,000,000, to remain available until expended: Provided, That these 
funds are available to subsidize total loan principal, any part of which 
is to be guaranteed, of up to $25,000,000,000.
    Gross obligations for the principal amount of direct loans, as 
authorized by sections 204(g), 207(l), 238, and 519(a) of the National 
Housing Act, shall not exceed $50,000,000, of which not to exceed 
$30,000,000 shall be for bridge financing in connection with the sale of 
multifamily real properties owned by the Secretary and formerly insured 
under such Act; and of which not to exceed $20,000,000 shall be for 
loans to nonprofit and governmental entities in connection with the sale 
of single-family real properties owned by the Secretary and formerly 
insured under such Act.

[[Page 118 STAT. 387]]

    In addition, for administrative expenses necessary to carry out the 
guaranteed and direct loan programs, $229,000,000, of which $209,000,000 
shall be transferred to the appropriation for ``Salaries and expenses''; 
and of which $20,000,000 shall be transferred to the appropriation for 
``Office of Inspector General''.
    In addition, for administrative contract expenses necessary to carry 
out the guaranteed and direct loan programs, $93,780,000, of which no 
less than $16,946,000 shall be transferred to the Working Capital Fund 
for the development of and modifications to information technology 
systems which serve programs or activities under ``Housing programs'' or 
``Federal Housing Administration'': Provided, That to the extent 
guaranteed loan commitments exceed $8,426,000,000 on or before April 1, 
2004, an additional $1,980 for administrative contract expenses shall be 
available for each $1,000,000 in additional guaranteed loan commitments 
over $8,426,000,000 (including a pro rata amount for any increment below 
$1,000,000), but in no case shall funds made available by this proviso 
exceed $14,400,000.

                Government National Mortgage Association

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), 
shall not exceed $200,000,000,000, to remain available until September 
30, 2005.
    For administrative expenses necessary to carry out the guaranteed 
mortgage-backed securities program, $10,695,000, to be derived from the 
GNMA guarantees of mortgage-backed securities guaranteed loan receipt 
account, of which not to exceed $10,695,000, shall be transferred to the 
appropriation for ``Salaries and expenses''.

                     Policy Development and Research

    For contracts, grants, and necessary expenses of programs of 
research and studies relating to housing and urban problems, not 
otherwise provided for, as authorized by title V of the Housing and 
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.), 
including carrying out the functions of the Secretary under section 
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $47,000,000, to remain 
available until September 30, 2005: Provided, That of the total amount 
provided under this heading, $7,500,000 shall be for the Partnership for 
Advancing Technology in Housing (PATH) Initiative.

                   Fair Housing and Equal Opportunity

    For contracts, grants, and other assistance, not otherwise provided 
for, as authorized by title VIII of the Civil Rights Act of 1968, as 
amended by the Fair Housing Amendments Act of 1988, and section 561 of 
the Housing and Community Development Act

[[Page 118 STAT. 388]]

of 1987, as amended, $48,000,000, to remain available until September 
30, 2005, of which $20,250,000 shall be to carry out activities pursuant 
to such section 561: Provided, <<NOTE: Lobbying.>> That no funds made 
available under this heading shall be used to lobby the executive or 
legislative branches of the Federal Government in connection with a 
specific contract, grant or loan.

                      Office of Lead Hazard Control

    For the Lead Hazard Reduction Program, as authorized by section 1011 
of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$175,000,000, to remain available until September 30, 2005, of which 
$10,000,000 shall be for the Healthy Homes Initiative, pursuant to 
sections 501 and 502 of the Housing and Urban Development Act of 1970 
that shall include research, studies, testing, and demonstration 
efforts, including education and outreach concerning lead-based paint 
poisoning and other housing-related diseases and hazards: Provided, That 
of the total amount made available under this heading, $50,000,000 shall 
be made available on a competitive basis for areas with the highest lead 
paint abatement needs, as identified by the Secretary as having: (1) the 
highest number of occupied pre-1940 units of rental housing; and (2) a 
disproportionately high number of documented cases of lead-poisoned 
children: Provided further, That each grantee receiving funds under the 
previous proviso shall target those privately owned units and 
multifamily buildings that are occupied by low-income families as 
defined under section 3(b)(2) of the United States Housing Act of 1937: 
Provided further, That not less than 90 percent of the funds made 
available under this paragraph shall be used exclusively for abatement, 
inspections, risk assessments, temporary relocations and interim control 
of lead-based hazards as defined by 42 U.S.C. 4851: Provided further, 
That each recipient of funds provided under the first proviso shall make 
a matching contribution in an amount not less than 25 percent: Provided 
further, That each applicant shall submit a detailed plan and strategy 
that demonstrates adequate capacity that is acceptable to the Secretary 
to carry out the proposed use of funds pursuant to a Notice of Funding 
Availability.

                      Management and Administration

    For necessary administrative and non-administrative expenses of the 
Department of Housing and Urban Development, not otherwise provided for, 
including purchase of uniforms, or allowances therefor, as authorized by 
5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as 
authorized by 5 U.S.C. 3109; and not to exceed $25,000 for official 
reception and representation expenses, $1,123,130,000, of which 
$564,000,000 shall be provided from the various funds of the Federal 
Housing Administration, $10,695,000 shall be provided from funds of the 
Government National Mortgage Association, $1,000,000 shall be provided 
from the ``Community development loan guarantees program'' account, 
$150,000 shall be

[[Page 118 STAT. 389]]

provided by transfer from the ``Native American housing block grants'' 
account, $250,000 shall be provided by transfer from the ``Indian 
housing loan guarantee fund program'' account and $35,000 shall be 
transferred from the ``Native Hawaiian housing loan guarantee fund'' 
account: Provided, <<NOTE: Notification.>> That funds made available 
under this heading shall only be allocated in the manner specified in 
the report accompanying this Act unless the Committees on Appropriations 
of both the House of Representatives and the Senate are notified of any 
changes in an operating plan or reprogramming: Provided further, That no 
official or employee of the Department shall be designated as an 
allotment holder unless the Office of the Chief Financial Officer (OCFO) 
has determined that such allotment holder has implemented an adequate 
system of funds control and has received training in funds control 
procedures and directives: Provided further, <<NOTE: Records. 42 USC 
3549 note.>> That the Chief Financial Officer shall establish positive 
control of and maintain adequate systems of accounting for 
appropriations and other available funds as required by 31 U.S.C. 1514: 
Provided further, That for purposes of funds control and determining 
whether a violation exists under the Anti-Deficiency Act (31 U.S.C. 1341 
et seq.), the point of obligation shall be the executed agreement or 
contract, except with respect to insurance and guarantee programs, 
certain types of salaries and expenses funding, and incremental funding 
that is authorized under an executed agreement or contract, and shall be 
designated in the approved funds control plan: Provided 
further, <<NOTE: Procedures.>> That the Chief Financial Officer shall: 
(1) appoint qualified personnel to conduct investigations of potential 
or actual violations; (2) establish minimum training requirements and 
other qualifications for personnel that may be appointed to conduct 
investigations; (3) establish guidelines and timeframes for the conduct 
and completion of investigations; (4) prescribe the content, format and 
other requirements for the submission of final reports on violations; 
and (5) prescribe such additional policies and procedures as may be 
required for conducting investigations of, and administering, 
processing, and reporting on, potential and actual violations of the 
Anti-Deficiency Act and all other statutes and regulations governing the 
obligation and expenditure of funds made available in this or any other 
Act: Provided further, That the Secretary shall fill 7 out of 10 
vacancies at the GS-14 and GS-15 levels until the total number of GS-14 
and GS-15 positions in the Department has been reduced from the number 
of GS-14 and GS-15 positions on the date of enactment of Public Law 106-
377 by 2\1/2\ percent.

    The tenth proviso under this heading in the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 2003, <<NOTE: 42 USC 3549 note. working capital 
fund>> is amended by striking ``the purpose of'' and inserting 
``purposes of funds control and'' and before the colon insert the 
following ``, except with respect to insurance and guarantee programs, 
certain types of salaries and expenses funding, and incremental funding 
      that is authorized under an executed agreement or contract''.

    For additional capital for the Working Capitol Fund (42 U.S.C. 3535) 
for the development of, modifications to, and infrastructure for 
Department-wide information technology systems, and for the continuing 
operation of both Department-wide and program-specific

[[Page 118 STAT. 390]]

information systems, $235,000,000, to remain available until September 
30, 2005: Provided, That any amounts transferred to this Fund under this 
               Act shall remain available until expended.

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, 
$101,000,000, of which $24,000,000 shall be provided from the various 
funds of the Federal Housing Administration: Provided, That the 
Inspector General shall have independent authority over all personnel 
issues within this office: Provided further, That no less than $300,000 
shall be transferred to the Working Capital Fund for the development of 
and modifications to information technology systems for the Office of 
                           Inspector General.

    All unobligated balances remaining available from fees and charges 
under section 7(j) of the Department of Housing and Urban Development 
Act on October 1, 2003 are rescinded.

             Office of Federal Housing Enterprise Oversight

    For carrying out the Federal Housing Enterprises Financial Safety 
and Soundness Act of 1992, including not to exceed $500 for official 
reception and representation expenses, $39,915,000, to remain available 
until expended, to be derived from the Federal Housing Enterprises 
Oversight Fund: Provided, That of the amount made available under this 
heading, $4,500,000 is for 1-time costs to conduct special 
investigations of the Federal housing enterprises and $3,000,000 is for 
costs associated with strengthening the examination and legal functions: 
Provided further, <<NOTE: Deadline.>> That the Secretary shall submit a 
spending plan for the amounts provided under this heading no later than 
January 15, 2004: Provided further, That not less than 60 percent of 
total amount made available under this heading shall be used only for 
examination, supervision, and capital oversight of the enterprises (as 
such term is defined in section 1303 of the Federal Housing Enterprises 
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure 
that the enterprises are operating in a financially safe and sound 
manner and complying with the capital requirements under subtitle B of 
such Act: Provided further, That not to exceed the amount provided 
herein shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures pending the 
receipt of collections to the fund: Provided further, That the general 
fund amount shall be reduced as collections are received during the 
fiscal year so as to result in a final appropriation from the general 
fund estimated at not more than $0.

[[Page 118 STAT. 391]]

                        Administrative Provisions

    Sec. 201. Fifty percent of the amounts of budget authority, or in 
lieu thereof 50 percent of the cash amounts associated with such budget 
authority, that are recaptured from projects described in section 
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 
1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of cash, 
shall be remitted to the Treasury, and such amounts of budget authority 
or cash recaptured and not rescinded or remitted to the Treasury shall 
be used by State housing finance agencies or local governments or local 
housing agencies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after January 1, 1992, 
in accordance with such section. Notwithstanding the previous sentence, 
the Secretary may award up to 15 percent of the budget authority or cash 
recaptured and not rescinded or remitted to the Treasury to provide 
project owners with incentives to refinance their project at a lower 
interest rate.
    Sec. 202. None of the amounts made available under this Act may be 
used during fiscal year 2004 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a non-frivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203. (a) <<NOTE: Grants. Inter- 
governmental relations. AIDS.>> Notwithstanding section 854(c)(1)(A) of 
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any 
amounts made available under this title for fiscal year 2004 that are 
allocated under such section, the Secretary of Housing and Urban 
Development shall allocate and make a grant, in the amount determined 
under subsection (b), for any State that--
            (1) received an allocation in a prior fiscal year under 
        clause (ii) of such section; and
            (2) is not otherwise eligible for an allocation for fiscal 
        year 2004 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify under 
        clause (i) in fiscal year 2004 do not have the number of cases 
        of acquired immunodeficiency syndrome (AIDS) required under such 
        clause.

    (b) The amount of the allocation and grant for any State described 
in subsection (a) shall be an amount based on the cumulative number of 
AIDS cases in the areas of that State that are outside of metropolitan 
statistical areas that qualify under clause (i) of such section 
854(c)(1)(A) in fiscal year 2004, in proportion to AIDS cases among 
cities and States that qualify under clauses (i) and (ii) of such 
section and States deemed eligible under subsection (a).
    Sec. 204. (a) <<NOTE: Michigan.>> During fiscal year 2004, in the 
provision of rental assistance under section 8(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a program to 
demonstrate the economy and effectiveness of providing such assistance 
for use in assisted living facilities that is carried out in the 
counties of the State of Michigan specified in subsection (b) of this 
section, notwithstanding paragraphs (3) and (18)(B)(iii) of such section 
8(o), a family residing in an assisted living facility in any such 
county, on behalf of which a public housing agency provides assistance 
pursuant to section 8(o)(18) of such Act, may be required, at the

[[Page 118 STAT. 392]]

time the family initially receives such assistance, to pay rent in an 
amount exceeding 40 percent of the monthly adjusted income of the family 
by such a percentage or amount as the Secretary of Housing and Urban 
Development determines to be appropriate.
    (b) The counties specified in this subsection are Oakland County, 
Macomb County, Wayne County, and Washtenaw County, in the State of 
Michigan.
    Sec. 205. Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989.
    Sec. 206. Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for services and 
facilities of the Federal National Mortgage Association, Government 
National Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member thereof, 
Federal Home Loan banks, and any insured bank within the meaning of the 
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1831).
    Sec. 207. Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 208. Corporations and agencies of the Department of Housing and 
Urban Development which are subject to the Government Corporation 
Control Act, as amended, are hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accordance with law, 
and to make such contracts and commitments without regard to fiscal year 
limitations as provided by section 104 of such Act as may be necessary 
in carrying out the programs set forth in the budget for 2003 for such 
corporation or agency except as hereinafter provided: Provided, That 
collections of these corporations and agencies may be used for new loan 
or mortgage purchase commitments only to the extent expressly provided 
for in this Act (unless such loans are in support of other forms of 
assistance provided for in this or prior appropriations Acts), except 
that this proviso shall not apply to the mortgage insurance or guaranty 
operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 209. None of the funds provided in this title for technical 
assistance, training, or management improvements may be obligated or 
expended unless HUD provides to the Committees on Appropriations a 
description of each proposed activity and a detailed budget estimate of 
the costs associated with each program, project or activity as part of 
the Budget Justifications. <<NOTE: Deadline.>> For fiscal year 2004, HUD 
shall transmit this information to the Committees by January 15, 2004, 
for 30 days of review.

    Sec. 210. <<NOTE: State listing.>> A public housing agency or such 
other entity that administers Federal housing assistance in the States 
of Alaska, Iowa, and Mississippi, shall not be required to include a 
resident

[[Page 118 STAT. 393]]

of public housing or a recipient of assistance provided under section 8 
of the United States Housing Act of 1937 on the board of directors or a 
similar governing board of such agency or entity as required under 
section (2)(b) of such Act. <<NOTE: Establishment.>> Each public housing 
agency or other entity that administers Federal housing assistance under 
section 8 in the States of Alaska, Iowa, and Mississippi, shall 
establish an advisory board of not less than 6 residents of public 
housing or recipients of section 8 assistance to provide advice and 
comment to the public housing agency or other administering entity on 
issues related to public housing and section 8. Such advisory board 
shall meet not less than quarterly.

    Sec. 211. <<NOTE: Reports.>> The Secretary of Housing and Urban 
Development shall provide quarterly reports to the House and Senate 
Committees on Appropriations regarding all uncommitted, unobligated, 
recaptured and excess funds in each program and activity within the 
jurisdiction of the Department and shall submit additional, updated 
budget information to these Committees upon request.

    Sec. 212. <<NOTE: Effective date.>> Notwithstanding any other 
provision of law, in fiscal year 2004, in managing and disposing of any 
multifamily property that is owned or held by the Secretary and is 
occupied primarily by elderly or disabled families, the Secretary of 
Housing and Urban Development shall maintain any rental assistance 
payments under section 8 of the United States Housing Act of 1937 that 
are attached to any dwelling units in the property. To the extent the 
Secretary determines that such a multifamily property owned or held by 
the Secretary is not feasible for continued rental assistance payments 
under such section 8, the Secretary may, in consultation with the 
tenants of that property, contract for project-based rental assistance 
payments with an owner or owners of other existing housing properties or 
provide other rental assistance.

    Sec. 213. <<NOTE: Reports. Deadline. 42 USC 1437 note.>> The 
Secretary of Housing and Urban Development shall submit an annual report 
no later than August 30, 2004, and annually thereafter to the House and 
Senate Committees on Appropriations regarding the number of Federally 
assisted units under lease and the per unit cost of these units to the 
Department of Housing and Urban Development.

    Sec. 214. (a) <<NOTE: AIDS. Delaware. New Jersey.>> Notwithstanding 
any other provision of law, the amount allocated for fiscal year 2004 
under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
12903(c)), to the City of Wilmington, Delaware, on behalf of the 
Wilmington, Delaware-Maryland-New Jersey Metropolitan Division 
(hereafter ``metropolitan division'') of the Philadelphia-Camden-
Wilmington, PA-NJ-DE-MD Metropolitan Statistical Area, shall be adjusted 
by the Secretary of Housing and Urban Development by allocating to the 
State of New Jersey the proportion of the metropolitan area's or 
division's amount that is based on the number of cases of AIDS reported 
in the portion of the metropolitan area or division that is located in 
New Jersey. The State of New Jersey shall use amounts allocated to the 
State under this subsection to carry out eligible activities under 
section 855 of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
portion of the metropolitan division that is located in New Jersey.

    (b) <<NOTE: North Carolina.>> Notwithstanding any other provision of 
law, the Secretary of Housing and Urban Development shall allocate to 
Wake County, North Carolina, the amounts that otherwise would be 
allocated for fiscal year 2004 under section 854(c) of the AIDS Housing 
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North

[[Page 118 STAT. 394]]

Carolina, on behalf of the Raleigh-Cary, North Carolina Metropolitan 
Statistical Area. Any amounts allocated to Wake County shall be used to 
carry out eligible activities under section 855 of such Act (42 U.S.C. 
12904) within such metropolitan statistical area.
    Sec. 215. <<NOTE: 112 USC 1715o.>> Section 224 of the National 
Housing Act (12 U.S.C. 1735o) is amended by adding the following new 
sentence at the end of the first paragraph: ``Notwithstanding the 
preceding sentence and the following paragraph, if an insurance claim is 
paid in cash for any mortgage that is insured under section 203 or 234 
of this Act and is endorsed for mortgage insurance after the date of 
enactment of this sentence, the debenture interest rate for purposes of 
calculating such a claim shall be the monthly average yield, for the 
month in which the default on the mortgage occurred, on United States 
Treasury Securities adjusted to a constant maturity of 10 years.''.

    Sec. 216. The McKinney-Vento Homeless Assistance Act (42 U.S.C. 
11301 et seq.) is amended--
            (1) <<NOTE: 101 Stat. 482.>> in section 101(b), by striking 
        ``Interagency Council on the Homeless'' and inserting ``United 
        States Interagency Council on Homelessness'';
            (2) <<NOTE: 42 USC 11301.>> in section 102(b)(1), by 
        striking ``an Interagency Council on the Homeless'' and 
        inserting ``the United States Interagency Council on 
        Homelessness'';
            (3) in the heading for title II, by striking ``INTERAGENCY 
        COUNCIL ON THE HOMELESS'' and inserting ``UNITED STATES 
        INTERAGENCY COUNCIL ON HOMELESSNESS''; and
            (4) <<NOTE: 42 USC 11311, 11317, 11411.>> in sections 201, 
        207(1), 501(c)(2)(a), and 501(d)(3), by striking ``Interagency 
        Council on the Homeless'' and inserting ``United States 
        Interagency Council on Homelessness''.

    Sec. 217. (a) Information Comparisons for Public and Assisted 
Housing Programs.--Section 453(j) of the Social Security Act (42 U.S.C. 
653(j)) is amended by adding at the end the following new paragraph:
            ``(7) Information comparisons for housing assistance 
        programs.--
                    ``(A) Furnishing of information by hud.--Subject to 
                subparagraph (G), the Secretary of Housing and Urban 
                Development shall furnish to the Secretary, on such 
                periodic basis as determined by the Secretary of Housing 
                and Urban Development in consultation with the 
                Secretary, information in the custody of the Secretary 
                of Housing and Urban Development for comparison with 
                information in the National Directory of New Hires, in 
                order to obtain information in such Directory with 
                respect to individuals who are participating in any 
                program under--
                          ``(i) the United States Housing Act of 1937 
                      (42 U.S.C. 1437 et seq.);
                          ``(ii) section 202 of the Housing Act of 1959 
                      (12 U.S.C. 1701q);
                          ``(iii) section 221(d)(3), 221(d)(5), or 236 
                      of the National Housing Act (12 U.S.C. 1715l(d) 
                      and 1715z-1);
                          ``(iv) section 811 of the Cranston-Gonzalez 
                      National Affordable Housing Act (42 U.S.C. 8013); 
                      or
                          ``(v) section 101 of the Housing and Urban 
                      Development Act of 1965 (12 U.S.C. 1701s).

[[Page 118 STAT. 395]]

                    ``(B) Requirement to seek minimum information.--The 
                Secretary of Housing and Urban Development shall seek 
                information pursuant to this section only to the extent 
                necessary to verify the employment and income of 
                individuals described in subparagraph (A).
                    ``(C) Duties of the secretary.--
                          ``(i) Information disclosure.--The Secretary, 
                      in cooperation with the Secretary of Housing and 
                      Urban Development, shall compare information in 
                      the National Directory of New Hires with 
                      information provided by the Secretary of Housing 
                      and Urban Development with respect to individuals 
                      described in subparagraph (A), and shall disclose 
                      information in such Directory regarding such 
                      individuals to the Secretary of Housing and Urban 
                      Development, in accordance with this paragraph, 
                      for the purposes specified in this paragraph.
                          ``(ii) Condition on disclosure.--The Secretary 
                      shall make disclosures in accordance with clause 
                      (i) only to the extent that the Secretary 
                      determines that such disclosures do not interfere 
                      with the effective operation of the program under 
                      this part.
                    ``(D) Use of information by hud.--The Secretary of 
                Housing and Urban Development may use information 
                resulting from a data match pursuant to this paragraph 
                only--
                          ``(i) for the purpose of verifying the 
                      employment and income of individuals described in 
                      subparagraph (A); and
                          ``(ii) after removal of personal identifiers, 
                      to conduct analyses of the employment and income 
                      reporting of individuals described in subparagraph 
                      (A).
                    ``(E) Disclosure of information by hud.--
                          ``(i) Purpose of disclosure.--The Secretary of 
                      Housing and Urban Development may make a 
                      disclosure under this subparagraph only for the 
                      purpose of verifying the employment and income of 
                      individuals described in subparagraph (A).
                          ``(ii) Disclosures permitted.--Subject to 
                      clause (iii), the Secretary of Housing and Urban 
                      Development may disclose information resulting 
                      from a data match pursuant to this paragraph only 
                      to a public housing agency, the Inspector General 
                      of the Department of Housing and Urban 
                      Development, and the Attorney General in 
                      connection with the administration of a program 
                      described in subparagraph (A). Information 
                      obtained by the Secretary of Housing and Urban 
                      Development pursuant to this paragraph shall not 
                      be made available under section 552 of title 5, 
                      United States Code.
                          ``(iii) Conditions on disclosure.--Disclosures 
                      under this paragraph shall be--
                                    ``(I) made in accordance with data 
                                security and control policies 
                                established by the Secretary of Housing 
                                and Urban Development and approved by 
                                the Secretary;

[[Page 118 STAT. 396]]

                                    ``(II) subject to audit in a manner 
                                satisfactory to the Secretary; and
                                    ``(III) subject to the sanctions 
                                under subsection (l)(2).
                          ``(iv) Additional disclosures.--
                                    ``(I) Determination by 
                                secretaries.--The Secretary of Housing 
                                and Urban Development and the Secretary 
                                shall determine whether to permit 
                                disclosure of information under this 
                                paragraph to persons or entities 
                                described in subclause (II), based on an 
                                evaluation made by the Secretary of 
                                Housing and Urban Development (in 
                                consultation with and approved by the 
                                Secretary), of the costs and benefits of 
                                disclosures made under clause (ii) and 
                                the adequacy of measures used to 
                                safeguard the security and 
                                confidentiality of information so 
                                disclosed.
                                    ``(II) Permitted persons or 
                                entities.--If the Secretary of Housing 
                                and Urban Development and the Secretary 
                                determine pursuant to subclause (I) that 
                                disclosures to additional persons or 
                                entities shall be permitted, information 
                                under this paragraph may be disclosed by 
                                the Secretary of Housing and Urban 
                                Development to a private owner, a 
                                management agent, and a contract 
                                administrator in connection with the 
                                administration of a program described in 
                                subparagraph (A), subject to the 
                                conditions in clause (iii) and such 
                                additional conditions as agreed to by 
                                the Secretaries.
                          ``(v) Restrictions on redisclosure.--A person 
                      or entity to which information is disclosed under 
                      this subparagraph may use or disclose such 
                      information only as needed for verifying the 
                      employment and income of individuals described in 
                      subparagraph (A), subject to the conditions in 
                      clause (iii) and such additional conditions as 
                      agreed to by the Secretaries.
                    ``(F) Reimbursement of hhs costs.--The Secretary of 
                Housing and Urban Development shall reimburse the 
                Secretary, in accordance with subsection (k)(3), for the 
                costs incurred by the Secretary in furnishing the 
                information requested under this paragraph.
                    ``(G) Consent.--The Secretary of Housing and Urban 
                Development shall not seek, use, or disclose information 
                under this paragraph relating to an individual without 
                the prior written consent of such individual (or of a 
                person legally authorized to consent on behalf of such 
                individual).''.

    (b) Consent to Information Comparison and Use as Condition of Hud 
Program Eligibility.--As a condition of participating in any program 
authorized under--
            (1) the United States Housing Act of 1937 (42 U.S.C. 1437 et 
        seq.);
            (2) section 202 of the Housing Act of 1959 (12 U.S.C. 
        1701q);
            (3) section 221(d)(3), 221(d)(5), or 236 of the National 
        Housing Act (12 U.S.C. 1715l(d) and 1715z-1);

[[Page 118 STAT. 397]]

            (4) section 811 of the Cranston-Gonzalez National Affordable 
        Housing Act (42 U.S.C. 8013); or
            (5) section 101 of the Housing and Urban Development Act of 
        1965 (12 U.S.C. 1701s),

the Secretary of Housing and Urban Development may require consent by an 
individual (or by a person legally authorized to consent on behalf of 
such individual) for such Secretary to obtain, use, and disclose 
information with respect to such individual in accordance with section 
453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).
    Sec. 218. <<NOTE: Hawaii. Deadline.>> Notwithstanding any other 
provision of law, the State of Hawaii may elect by July 31, 2004 to 
distribute funds under section 106(d)(2) of the Housing and Community 
Development Act of 1974, to units of general local government located in 
nonentitlement areas of that State. If the State of Hawaii fails to make 
such election, the Secretary shall for fiscal years 2005 and thereafter 
make grants to the units of general local government located in the 
State of Hawaii's nonentitlement areas (Hawaii, Kauai, and Maui 
counties). The Secretary of Housing and Urban Development shall allocate 
funds under section 106(d) of such Act to units of general local 
government located in nonentitlement areas within the State of Hawaii in 
accordance with a formula which bears the same ratio to the total amount 
available for the nonentitlement areas of the State as the weighted 
average of the ratios between: (1) the population of that eligible unit 
of general local government and the population of all eligible units of 
general local government in the nonentitlement areas of the State; (2) 
the extent of poverty in that eligible unit of general local government 
and the extent of poverty in all of the eligible units of general local 
government in the nonentitlement areas of the State; and (3) the extent 
of housing overcrowding in that eligible unit of general local 
government and the extent of housing overcrowding in all of the eligible 
units of general local government in the nonentitlement areas of the 
State. In determining the weighted average of the ratios described in 
the previous sentence, the ratio described in clause (2) shall be 
counted twice and the ratios described in clauses (1) and (3) shall be 
counted once. Notwithstanding any other provision, grants made under 
this section shall be subject to the program requirements of section 104 
of the Housing and Community Development Act of 1974 in the same manner 
as such requirements are made applicable to grants made under section 
106(b) of the Housing and Community Development Act of 1974.

    Sec. 219. <<NOTE: Regulations. Deadline.>> The Secretary of Housing 
and Urban Development shall issue a proposed rulemaking, in accordance 
with title V, United States Code, not later than 90 days from the date 
of enactment of this Act that--
            (1) addresses and expands, as necessary, the participation 
        and certification requirements for the sale of HUD-owned 
        multifamily housing projects and the foreclosure sale of any 
        multifamily housing securing a mortgage held by the Secretary, 
        including whether a potential purchaser is in substantial 
        compliance with applicable State or local government housing 
        statutes, regulations, ordinances and codes with regard to other 
        properties owned by the purchaser; and
            (2) requires any state, city, or municipality that exercises 
        its right of first refusal for the purchase of a multifamily

[[Page 118 STAT. 398]]

        housing project under section 203 of the Housing and Community 
        Development Amendments of 1978 (12 U.S.C. 1701z-11(i)) to ensure 
        that potential purchasers of the project from the state, city, 
        or municipality are subject to the same standards that they 
        would otherwise be subject to if they had purchased the project 
        directly from the Secretary, including whether a potential 
        purchaser is in substantial compliance with applicable State or 
        local government housing statutes, regulations, ordinances and 
        codes with regard to other properties owned by the purchaser.

    Sec. 220. <<NOTE: 115 Stat. 678.>> Section 217 of Public Law 107-73 
is amended by striking ``the rehabilitation'' and inserting 
``redevelopment, including demolition and new construction''.

    Sec. 221. Notwithstanding any other provision of law, funds 
appropriated for the housing for the elderly, as authorized by section 
202 of the Housing Act of 1959, as amended, and for supportive housing 
for persons with disabilities, as authorized by section 811 of the 
Cranston-Gonzalez National Affordable Housing Act, shall be available 
for the cost of maintaining and disposing of such properties that are 
acquired or otherwise become the responsibility of the Department.
    Sec. 222. <<NOTE: Regulations. 42 USC 1437g note.>> The Secretary of 
Housing and Urban Development shall conduct negotiated rulemaking with 
representatives from interested parties for purposes of any changes to 
the formula governing the Public Housing Operating 
Fund. <<NOTE: Deadline.>> A final rule shall be issued no later than 
July 1, 2004.

    Sec. 223. <<NOTE: Budget.>> The Department of Housing and Urban 
Development shall submit the Department's fiscal year 2005 congressional 
budget justifications to the Committees on Appropriations of the House 
of Representatives and the Senate using the identical structure provided 
under this Act and only in accordance with the direction included in the 
joint explanatory statement of the managers accompanying this Act.

                     TITLE III--INDEPENDENT AGENCIES

                  American Battle Monuments Commission

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one for replacement only) 
and hire of passenger motor vehicles; and insurance of official motor 
vehicles in foreign countries, when required by law of such countries, 
$41,300,000, to remain available until expended.

             Chemical Safety and Hazard Investigation Board

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

[[Page 118 STAT. 399]]

of passenger vehicles, uniforms or allowances therefore, as authorized 
by 5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but 
at rates for individuals not to exceed the per diem equivalent to the 
maximum rate payable for senior level positions under 5 U.S.C. 5376, 
$8,250,000: Provided, That the Chemical Safety and Hazard Investigation 
Board (Board) shall have not more than three career <<NOTE: Government 
organization. 5 USC app. 8G note. emergency fund>> Senior Executive 
Service positions: Provided further, That notwithstanding any other 
provision of law, the individual appointed to the position of Inspector 
General of the Environmental Protection Agency (EPA) shall, by virtue of 
such appointment, also hold the position of Inspector General of the 
Board: Provided further, That notwithstanding any other provision of 
law, the Inspector General of the Board shall utilize personnel of the 
Office of Inspector General of EPA in performing the duties of the 
Inspector General of the Board, and shall not appoint any individuals to 
                       positions within the Board.

    For necessary expenses of the Chemical Safety and Hazard 
Investigation Board for accident investigations not otherwise provided 
for, $450,000, to remain available until expended.

                       Department of the Treasury

              Community Development Financial Institutions

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994, including services authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for ES-3, $61,000,000, to remain available until 
September 30, 2005, of which $4,000,000 shall be for financial 
assistance, technical assistance, training and outreach programs 
designed to benefit Native American, Native Hawaiian, and Alaskan Native 
communities and provided primarily through qualified community 
development lender organizations with experience and expertise in 
community development banking and lending in Indian country, Native 
American organizations, tribes and tribal organizations and other 
suitable providers, and up to $12,000,000 may be used for administrative 
expenses, including administration of the New Markets Tax Credit, up to 
$6,000,000 may be used for the cost of direct loans, and up to $250,000 
may be used for administrative expenses to carry out the direct loan 
program: Provided, That the cost of direct loans, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $11,000,000.

                   Consumer Product Safety Commission

    For necessary expenses of the Consumer Product Safety Commission, 
including hire of passenger motor vehicles, services as authorized by 5 
U.S.C. 3109, but at rates for individuals not

[[Page 118 STAT. 400]]

to exceed the per diem rate equivalent to the maximum rate payable under 
5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal 
officials' contributions to Commission activities, and not to exceed 
$500 for official reception and representation expenses, $60,000,000.

             Corporation for National and Community Service

    For necessary expenses for the Corporation for National and 
Community Service (the ``Corporation'') in carrying out programs, 
activities, and initiatives under the National and Community Service Act 
of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $553,225,000, to remain 
available until September 30, 2005: Provided, That not more than 
$314,000,000 of the amount provided under this heading shall be 
available for grants under the National Service Trust Program authorized 
under subtitle C of title I of the Act (42 U.S.C. 12571 et seq.) 
(relating to activities of the AmeriCorps program), including grants to 
organizations operating projects under the AmeriCorps Education Awards 
Program (without regard to the requirements of sections 121(d) and (e), 
section 131(e), section 132, and sections 140(a), (d), and (e) of the 
Act): Provided further, That not less than $130,000,000 of the amount 
provided under this heading, to remain available without fiscal year 
limitation, shall be transferred to the National Service Trust for 
educational awards authorized under subtitle D of title I of the Act (42 
U.S.C. 12601), of which up to $5,000,000 shall be available to support 
national service scholarships for high school students performing 
community service, and of which $10,000,000 shall be held in reserve as 
defined in Public Law 108-45: Provided further, That in addition to 
amounts otherwise provided to the National Service Trust under the 
second proviso, the Corporation may transfer funds from the amount 
provided under the first proviso, to the National Service Trust 
authorized under subtitle D of title I of the Act (42 U.S.C. 12601) upon 
determination that such transfer is necessary to support the activities 
of national service participants and after notice is transmitted to 
Congress: Provided further, That of the amount provided under this 
heading for grants under the National Service Trust program authorized 
under subtitle C of title I of the Act, not more than $55,000,000 may be 
used to administer, reimburse, or support any national service program 
authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): 
Provided further, That not more than $11,225,000 shall be available for 
quality and innovation activities authorized under subtitle H of title I 
of the Act (42 U.S.C. 12853 et seq.), of which $3,000,000 shall be 
available for challenge grants to non-profit organizations: Provided 
further, That notwithstanding subtitle H of title I of the Act (42 
U.S.C. 12853), none of the funds provided under the previous proviso 
shall be used to support salaries and related expenses (including 
travel) attributable to Corporation employees: Provided further, That to 
the maximum extent feasible, funds appropriated under subtitle C of 
title I of the Act shall be provided in a manner that is consistent with 
the recommendations of peer review panels in order to ensure that 
priority is given to programs that demonstrate quality, innovation,

[[Page 118 STAT. 401]]

replicability, and sustainability: Provided further, That not less than 
$25,000,000 of the funds made available under this heading shall be 
available for the Civilian Community Corps authorized under subtitle E 
of title I of the Act (42 U.S.C. 12611 et seq.): Provided further, That 
not more than $43,000,000 shall be available for school-based and 
community-based service-learning programs authorized under subtitle B of 
title I of the Act (42 U.S.C. 12521 et seq.): Provided further, That not 
more than $3,000,000 shall be available for audits and other evaluations 
authorized under section 179 of the Act (42 U.S.C. 12639): Provided 
further, That not more than $10,000,000 of the funds made available 
under this heading shall be made available for the Points of Light 
Foundation for activities authorized under title III of the Act (42 
U.S.C. 12661 et seq.), of which not more than $2,500,000 may be used to 
support an endowment fund, the corpus of which shall remain intact and 
the interest income from which shall be used to support activities 
described in title III of the Act, provided that the Foundation may 
invest the corpus and income in federally insured bank savings accounts 
or comparable interest bearing accounts, certificates of deposit, money 
market funds, mutual funds, obligations of the United States, and other 
market instruments and securities but not in real estate investments: 
Provided further, That no funds shall be available for national service 
programs run by Federal agencies authorized under section 121(b) of such 
Act (42 U.S.C. 12571(b)): Provided further, <<NOTE: America's Promise--
The Alliance for Youth, Inc. SALARIES AND EXPENSES>> That not more than 
$5,000,000 of the funds made available under this heading shall be made 
available to America's Promise--The Alliance for Youth, Inc.: Provided 
further, That to the maximum extent practicable, the Corporation shall 
increase significantly the level of matching funds and in-kind 
contributions provided by the private sector, and shall reduce the total 
             Federal costs per participant in all programs.

    For necessary expenses of administration as provided under section 
501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C. 
12501 et seq.) including payment of salaries, authorized travel, hire of 
passenger motor vehicles, the rental of conference rooms in the District 
of Columbia, the employment of experts and consultants authorized under 
5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
                  representation expenses, $25,000,000.

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, $6,250,000, 
              to remain available until September 30, 2005.

    Notwithstanding any other provision of law, the term ``qualified 
student loan'' with respect to national service education awards shall 
mean any loan determined by an institution of higher education to be 
necessary to cover a student's cost of attendance at such institution 
and made, insured, or guaranteed directly to a student by a State 
agency, in addition to other meanings under section 148(b)(7) of the 
National and Community Service Act.

[[Page 118 STAT. 402]]

    Notwithstanding any other provision of law, funds made available 
under section 129(d)(5)(B) of the National and Community Service Act to 
assist entities in placing applicants who are individuals with 
disabilities may be provided to any entity that receives a grant under 
section 121 of the Act.
    The Inspector General of the Corporation for National and Community 
Service shall conduct random audits of the grantees that administer 
activities under the AmeriCorps programs and shall levy sanctions in 
accordance with standard Inspector General audit resolution procedures 
which include, but are not limited to, debarment of any grantee (or 
successor in interest or any entity with substantially the same person 
or persons in control) that has been determined to have committed any 
substantial violations of the requirements of the AmeriCorps programs, 
including any grantee that has been determined to have violated the 
prohibition of using Federal funds to lobby the Congress: Provided, That 
the Inspector General shall obtain reimbursements in the amount of any 
misused funds from any grantee that has been determined to have 
committed any substantial violations of the requirements of the 
AmeriCorps programs.
    For fiscal year 2004, the Corporation shall make any significant 
changes to program requirements or policy only through public notice and 
comment rulemaking. For fiscal year 2004, during any grant selection 
process, no officer or employee of the Corporation shall knowingly 
disclose any covered grant selection information regarding such 
selection, directly or indirectly, to any person other than an officer 
or employee of the Corporation that is authorized by the Corporation to 
receive such information.

                U.S. Court of Appeals for Veterans Claims

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by 38 U.S.C. 7251-7298, 
$15,938,000 of which $1,175,000 shall be available for the purpose of 
providing financial assistance as described, and in accordance with the 
process and reporting procedures set forth, under this heading in Public 
Law 102-229.

                      Department of Defense--Civil

                        Cemeterial Expenses, Army

    For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and Soldiers' 
and Airmen's Home National Cemetery, including the purchase of one 
passenger motor vehicle for replacement only, and not to exceed $1,000 
for official reception and representation expenses, $29,000,000, to 
remain available until expended.

[[Page 118 STAT. 403]]

                 Department of Health and Human Services

                      National Institutes of Health

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980, as amended, and section 126(g) of the Superfund Amendments 
and Reauthorization Act of 1986, $78,774,000.

            Agency for Toxic Substances and Disease Registry

    For necessary expenses for the Agency for Toxic Substances and 
Disease Registry (ATSDR) in carrying out activities set forth in 
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA), as amended; section 118(f) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the 
Solid Waste Disposal Act, as amended, $73,467,000, which may be derived 
to the extent funds are available from the Hazardous Substance Superfund 
Trust Fund pursuant to section 517(a) of SARA (26 U.S.C. 9507): 
Provided, That notwithstanding any other provision of law, in lieu of 
performing a health assessment under section 104(i)(6) of CERCLA, the 
Administrator of ATSDR may conduct other appropriate health studies, 
evaluations, or activities, including, without limitation, biomedical 
testing, clinical evaluations, medical monitoring, and referral to 
accredited health care providers: Provided further, That in performing 
any such health assessment or health study, evaluation, or activity, the 
Administrator of ATSDR shall not be bound by the deadlines in section 
104(i)(6)(A) of CERCLA: Provided further, That none of the funds 
appropriated under this heading shall be available for ATSDR to issue in 
excess of 40 toxicological profiles pursuant to section 104(i) of CERCLA 
during fiscal year 2004, and existing profiles may be updated as 
necessary.

                     Environmental Protection Agency

    For science and technology, including research and development 
activities, which shall include research and development activities 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended; necessary expenses for personnel and 
related costs and travel expenses, including uniforms, or allowances 
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized by 
5 U.S.C. 3109, but at rates for individuals not to exceed the per diem 
rate equivalent to the maximum rate payable for senior level positions 
under 5 U.S.C. 5376; procurement of laboratory equipment and supplies; 
other operating expenses in support of research and development; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project, $786,324,000, which shall 
remain available until September 30, 2005: Provided, That of the funds 
provided

[[Page 118 STAT. 404]]

under this heading in Public Law 108-7, in reference to item number 9, 
the Administrator is authorized to make a grant of $436,000 to the City 
                     of San Bernardino, California.

    For environmental programs and management, including necessary 
expenses, not otherwise provided for, for personnel and related costs 
and travel expenses, including uniforms, or allowances therefor, as 
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the maximum rate payable for senior level positions under 
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and 
operation of aircraft; purchase of reprints; library memberships in 
societies or associations which issue publications to members only or at 
a price to members lower than to subscribers who are not members; 
construction, alteration, repair, rehabilitation, and renovation of 
facilities, not to exceed $85,000 per project; and not to exceed $9,000 
for official reception and representation expenses, $2,293,578,000, 
which shall remain available until September 30, 2005, including 
administrative costs of the brownfields program under the Small Business 
      Liability Relief and Brownfields Revitalization Act of 2002.

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project, 
       $37,558,000, to remain available until September 30, 2005.

    For construction, repair, improvement, extension, alteration, and 
purchase of fixed equipment or facilities of, or for use by, the 
Environmental Protection Agency, $40,000,000, to remain available until 
                                expended.

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $85,000 per project; 
$1,265,000,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund upon the date of enactment of 
this Act as authorized by section 517(a) of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) and up to $1,265,000,000 as a payment 
from general revenues to the Hazardous Substance Superfund for purposes 
as authorized by section 517(b) of SARA, as amended: Provided, That 
funds appropriated under this heading may be allocated to other Federal 
agencies in accordance with section 111(a) of CERCLA: Provided further, 
That of the funds appropriated under this heading, $13,214,000 shall be 
transferred to the ``Office of Inspector General''

[[Page 118 STAT. 405]]

appropriation to remain available until September 30, 2005, and 
$44,697,000 shall be transferred to the ``Science and technology'' 
       appropriation to remain available until September 30, 2005.

    For necessary expenses to carry out leaking underground storage tank 
cleanup activities authorized by section 205 of the Superfund Amendments 
and Reauthorization Act of 1986, and for construction, alteration, 
repair, rehabilitation, and renovation of facilities, not to exceed 
  $85,000 per project, $76,000,000, to remain available until expended.

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, 
$16,209,000, to be derived from the Oil Spill Liability trust fund, to 
                    remain available until expended.

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $3,896,800,000, to remain available until expended, 
of which $1,350,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''), of which up to 
$75,000,000 shall be available for loans, including interest free loans 
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-municipal, 
interstate, or State agencies or nonprofit entities for projects that 
provide treatment for or that minimize sewage or stormwater discharges 
using one or more approaches which include, but are not limited to, 
decentralized or distributed stormwater controls, decentralized 
wastewater treatment, low-impact development practices, conservation 
easements, stream buffers, or wetlands restoration; $850,000,000 shall 
be for capitalization grants for the Drinking Water State Revolving 
Funds under section 1452 of the Safe Drinking Water Act, as amended, 
except that, notwithstanding section 1452(n) of the Safe Drinking Water 
Act, as amended, none of the funds made available under this heading in 
this Act, or in previous appropriations Acts, shall be reserved by the 
Administrator for health effects studies on drinking water contaminants; 
$50,000,000 shall be for architectural, engineering, planning, design, 
construction and related activities in connection with the construction 
of high priority water and wastewater facilities in the area of the 
United States-Mexico Border, after consultation with the appropriate 
border commission; $43,000,000 <<NOTE: Grants. Alaska.>> shall be for 
grants to the State of Alaska to address drinking water and waste 
infrastructure needs of rural and Alaska Native Villages: 
Provided, <<NOTE: Deadline.>> That, of these funds: (1) the State of 
Alaska shall provide a match of 25 percent; (2) no more than 5 percent 
of the funds may be used for administrative and overhead expenses; and 
(3) not later than October 1, 2004, and thereafter, a statewide priority 
list shall be established which shall remain in effect for at least 3 
years for all water, sewer, waste disposal, and similar projects carried 
out by the State of Alaska that are funded under section 221 of the 
Federal Water Pollution Control

[[Page 118 STAT. 406]]

Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act 
(7 U.S.C. 1921 et seq.) which shall allocate not less than 25 percent of 
the funds provided for projects in regional hub communities; $3,500,000 
shall be for remediation of above ground leaking fuel tanks pursuant to 
Public Law 106-554; $325,000,000 shall be for making grants for the 
construction of drinking water, wastewater and storm water 
infrastructure and for water quality protection in accordance with the 
terms and conditions specified for such grants in the joint explanatory 
statement of the managers accompanying this Act, and, for purposes of 
these grants, each grantee shall contribute not less than 45 percent of 
the cost of the project unless the grantee is approved for a waiver by 
the Agency; $6,600,000 for grants for construction of alternative 
decentralized wastewater facilities under the National Decentralized 
Wastewater Demonstration program, in accordance with the terms and 
conditions specified in the joint explanatory statement of the managers 
accompanying this Act; $93,500,000 shall be to carry out section 104(k) 
of the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (CERCLA), as amended, including grants, interagency 
agreements, and associated program support costs; and $1,175,200,000 
shall be for grants, including associated program support costs, to 
States, federally recognized tribes, interstate agencies, tribal 
consortia, and air pollution control agencies for multi-media or single 
media pollution prevention, control and abatement and related 
activities, including activities pursuant to the provisions set forth 
under this heading in Public Law 104-134, and for making grants under 
section 103 of the Clean Air Act for particulate matter monitoring and 
data collection activities of which and subject to terms and conditions 
specified by the Administrator, of which $50,000,000 shall be for 
carrying out section 128 of CERCLA, as amended, and $20,000,000 shall be 
for Environmental Information Exchange Network grants, including 
associated program support costs: Provided further, <<NOTE: 42 USC 300j-
12 note.>> That for fiscal year 2004, State authority under section 
302(a) of Public Law 104-182 shall remain in effect: Provided further, 
That notwithstanding section 603(d)(7) of the Act, the limitation on the 
amounts in a State water pollution control revolving fund that may be 
used by a State to administer the fund shall not apply to amounts 
included as principal in loans made by such fund in fiscal year 2004 and 
prior years where such amounts represent costs of administering the fund 
to the extent that such amounts are or were deemed reasonable by the 
Administrator, accounted for separately from other assets in the fund, 
and used for eligible purposes of the fund, including administration: 
Provided further, <<NOTE: 33 USC 1377 note.>> That for fiscal year 2004, 
and notwithstanding section 518(f) of the Act, the Administrator is 
authorized to use the amounts appropriated for any fiscal year under 
section 319 of that Act to make grants to Indian tribes pursuant to 
sections 319(h) and 518(e) of that Act: Provided further, That for 
fiscal year 2004, notwithstanding the limitation on amounts in section 
518(c) of the Act, up to a total of 1\1/2\ percent of the funds 
appropriated for State Revolving Funds under title VI of that Act may be 
reserved by the Administrator for grants under section 518(c) of such 
Act: Provided further, That no funds provided by this legislation to 
address the water, wastewater and other critical infrastructure needs of 
the colonias in the United States along the United States-Mexico border 
shall be made available to a county

[[Page 118 STAT. 407]]

or municipal government unless that government has established an 
enforceable local ordinance, or other zoning rule, which prevents in 
that jurisdiction the development or construction of any additional 
colonia areas, or the development within an existing colonia the 
construction of any new home, business, or other structure which lacks 
water, wastewater, or other necessary infrastructure: Provided further, 
That the referenced statement of the managers under this heading in 
Public Law 106-377 is deemed to be amended by striking ``wastewater'' in 
reference to item number 219 and inserting ``water'': Provided further, 
That the referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended by striking ``wastewater'' in 
reference to item number 409 and inserting ``water'': Provided further, 
That the referenced statement of the managers under this heading in 
Public Law 108-7, item number 383, is deemed to be amended by adding 
after the word ``overflow'', ``and water infrastructure'': Provided 
further, That the referenced statement of the managers under this 
heading in Public Law 108-7, item number 255, is deemed to be amended by 
inserting ``water and'' after the words ``Mississippi for'': Provided 
further, That the referenced statement of the managers under this 
heading in Public Law 108-7, item number 256, is deemed to be amended by 
adding after the word ``for'', ``water and'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
105-276, in reference to item number 19, is deemed to be amended by 
striking ``Wolfe County'', and inserting ``the City of Campton'': 
Provided further, That the referenced statement of the managers under 
this heading in Public Law 108-7, in reference to item number 364, is 
deemed to be amended by striking everything after ``improvements'': 
Provided further, That the referenced statement of the managers under 
this heading in Public Law 108-7, in reference to item number 191, is 
deemed to be amended by striking ``wastewater'', and inserting 
``water'': Provided further, That the referenced statement of the 
managers under this heading in Public Law 108-7, in reference to item 
number 223, is deemed to be amended by adding, ``and for other projects 
within Indian Head after the needs of Woodland Village are met.'': 
Provided further, That the referenced statement of the managers under 
this heading in Public Law 106-377 is deemed to be amended in reference 
to item number 234, as amended, by striking everything after ``234.'' 
and inserting ``$1,500,000 for the Town of Delbarton Wastewater 
Collection and Treatment Replacement/Upgrade Project.'': Provided 
further, That the referenced statement of the managers under this 
heading in Public Law 108-7 is deemed to be amended by striking 
``wastewater'' in reference to item number 469 and inserting ``water'': 
Provided further, That the referenced statement of the managers under 
this heading in Public Law 108-7 is deemed to be amended by striking 
``Fayette, Mississippi for the Jefferson County'' in reference to item 
number 263 and inserting ``Jefferson 
County, <<NOTE: Certification. administrative 
provisions>> Mississippi'': Provided further, That notwithstanding any 
other provision of law, the Administrator of the Environmental 
Protection Agency shall certify grant amendments for grant number C34-
                                0714-03.

    For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and 6305(1), 
the Administrator of the Environmental Protection Agency, in carrying 
out the Agency's function to implement directly Federal

[[Page 118 STAT. 408]]

environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally-recognized Indian Tribes or Intertribal consortia, if 
authorized by their member Tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian Tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance agreements.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (as added by subsection (f)(2) of the Pesticide 
Registration Improvement Act of 2003).
    Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for 
fiscal year 2004 may be used to award grants or loans under section 
104(k) of CERCLA to eligible entities that satisfy all of the elements 
set forth in CERCLA section 101(40) to qualify as a bona fide 
prospective purchaser except that the date of acquisition of the 
property was prior to the date of enactment of the Small Business 
Liability Relief and Brownfield Revitalization Act of 2001.

                    Executive Office of the President

    For necessary expenses of the Office of Science and Technology 
Policy, in carrying out the purposes of the National Science and 
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 
6601 and 6671), hire of passenger motor vehicles, and services as 
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official reception 
and representation expenses, and rental of conference rooms in the 
                    District of Columbia, $7,027,000.

    For necessary expenses to continue functions assigned to the Council 
on Environmental Quality and Office of Environmental Quality pursuant to 
the National Environmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not 
to exceed $750 for official reception and representation expenses, 
$3,238,000: Provided, That notwithstanding <<NOTE: 42 USC 4342 
note.>> section 202 of the National Environmental Policy Act of 1970, 
the Council shall consist of one member, appointed by the President, by 
and with the advice and consent of the Senate, serving as chairman and 
exercising all powers, functions, and duties of the Council.

                  Federal Deposit Insurance Corporation

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $30,125,000, to be derived from the Bank Insurance Fund, the 
Savings Association Insurance Fund, and the FSLIC Resolution Fund.

[[Page 118 STAT. 409]]

                     General Services Administration

    For necessary expenses of the Federal Citizen Information Center, 
including services authorized by 5 U.S.C. 3109, $14,000,000, to be 
deposited into the Federal Citizen Information Center Fund: Provided, 
That the appropriations, revenues, and collections deposited into the 
Fund shall be available for necessary expenses of Federal Citizen 
Information Center activities in the aggregate amount not to exceed 
$21,000,000. Appropriations, revenues, and collections accruing to this 
Fund during fiscal year 2004 in excess of $21,000,000 shall remain in 
the Fund and shall not be available for expenditure except as authorized 
in appropriations Acts.

            United States Interagency Council on Homelessness

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference rooms 
in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) of the 
Interagency Council on the Homeless in carrying out the functions 
pursuant to title II of the McKinney-Vento Homeless Assistance Act, as 
amended, $1,500,000.

              National Aeronautics and Space Administration

    For necessary expenses, not otherwise provided for, in the conduct 
and support of space flight capabilities research and development 
activities, including research, development, operations, support and 
services; maintenance; construction of facilities including repair, 
rehabilitation, revitalization and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and acquisition or condemnation of real 
property, as authorized by law; environmental compliance and 
restoration; space flight, spacecraft control and communications 
activities including operations, production, and services; program 
management; personnel and related costs, including uniforms or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel 
expenses; purchase and hire of passenger motor vehicles; not to exceed 
$35,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $7,512,100,000, to remain available until 
September 30, 2005, of which $15,000,000 of amounts for the Space 
Shuttle Life Extension Program shall be for the development and 
independent assessment of concepts to increase Space Shuttle crew 
survivability for crew sizes of 4 to 7 astronauts, and of which amounts 
as determined by the Administrator for salaries and benefits; training, 
travel and awards; facility and related costs; information technology 
services; science,

[[Page 118 STAT. 410]]

engineering, fabricating and testing services; and other administrative 
services may be transferred to ``Science, aeronautics and exploration'' 
in accordance with section 312(b) of the National Aeronautics and Space 
             Act of 1958, as amended by Public Law 106-377.

    For necessary expenses, not otherwise provided for, in the conduct 
and support of science, aeronautics and exploration research and 
development activities, including research, development, operations, 
support and services; maintenance; construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities, 
construction of new facilities and additions to existing facilities, 
facility planning and design, and restoration, and acquisition or 
condemnation of real property, as authorized by law; environmental 
compliance and restoration; space flight, spacecraft control and 
communications activities including operations, production, and 
services; program management; personnel and related costs, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
travel expenses; purchase and hire of passenger motor vehicles; not to 
exceed $35,000 for official reception and representation expenses; and 
purchase, lease, charter, maintenance and operation of mission and 
administrative aircraft, $7,929,900,000, to remain available until 
September 30, 2005, of which amounts as determined by the Administrator 
for salaries and benefits; training, travel and awards; facility and 
related costs; information technology services; science, engineering, 
fabricating and testing services; and other administrative services may 
be transferred to ``Space flight capabilities'' in accordance with 
section 312(b) of the National Aeronautics and Space Act of 1958, as 
                     amended by Public Law 106-377.

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

    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, aeronautics and exploration'', or ``Space 
flight capabilities'' by this appropriations Act, when any activity has 
been initiated by the incurrence of obligations for construction of 
facilities or environmental compliance and restoration activities as 
authorized by law, such amount available for such activity shall remain 
available until expended. This provision does not apply to the amounts 
appropriated for institutional minor revitalization and construction of 
facilities, and institutional facility planning and design.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, aeronautics and exploration'', or ``Space 
flight capabilities'' by this appropriations Act, the amounts 
appropriated for construction of facilities shall remain available until 
September 30, 2006.

[[Page 118 STAT. 411]]

    From amounts made available in this Act for these activities, the 
Administration may transfer amounts between aeronautics of the 
``Science, aeronautics and exploration'' account and crosscutting 
technologies of the ``Space flight capabilities'' account.
    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed or 
the offer is withdrawn.
    The unexpired balances of prior appropriations to NASA for 
activities for which funds are provided under this Act may be 
transferred to the new account established for the appropriation that 
provides such activity under this Act. Balances so transferred may be 
merged with funds in the newly established account and thereafter may be 
accounted for as one fund under the same terms and conditions.

                  National Credit Union Administration

    During fiscal year 2004, gross obligations of the Central Liquidity 
Facility for the principal amount of new direct loans to member credit 
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed 
$1,500,000,000: Provided, That administrative expenses of the Central 
    Liquidity Facility in fiscal year 2004 shall not exceed $310,000.

    For the Community Development Revolving Loan Fund program as 
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000 shall be 
available: Provided, That of this amount $200,000, together with amounts 
of principal and interest on loans repaid, is available until expended 
for loans to community development credit unions, and $1,000,000 is 
available until September 30, 2004 for technical assistance to low-
income and community development credit unions.

                       National Science Foundation

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act to 
establish a National Medal of Science (42 U.S.C. 1880-1881); services as 
authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and 
purchase of flight services for research support; acquisition of 
aircraft; and authorized travel; $4,276,600,000, of which not to exceed 
$345,000,000 shall remain available until expended for Polar research 
and operations support, and for reimbursement to other Federal agencies 
for operational and science support and logistical and other related 
activities for the United States Antarctic program; the balance to 
remain available until September 30, 2005: Provided, That receipts for 
scientific support services and materials furnished by the National 
Research Centers and other National Science Foundation supported 
research facilities may be credited to this appropriation: Provided 
further, That to the extent that the amount appropriated is less than 
the total amount authorized to be appropriated for included program 
activities, all amounts, including floors and ceilings, specified in

[[Page 118 STAT. 412]]

the authorizing Act for those program activities or their subactivities 
shall be reduced proportionally: Provided further, That $90,000,000 of 
the funds available under this heading shall be made available for a 
comprehensive research initiative on plant genomes for economically 
                           significant crops.

    For necessary expenses for the acquisition, construction, 
commissioning, and upgrading of major research equipment, facilities, 
and other such capital assets pursuant to the National Science 
Foundation Act of 1950, as amended, including authorized travel, 
            $155,900,000, to remain available until expended.

    For necessary expenses in carrying out science and engineering 
education and human resources programs and activities pursuant to the 
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized 
travel, and rental of conference rooms in the District of Columbia, 
$944,550,000, to remain available until September 30, 2005: Provided, 
That to the extent that the amount of this appropriation is less than 
the total amount authorized to be appropriated for included program 
activities, all amounts, including floors and ceilings, specified in the 
authorizing Act for those program activities or their subactivities 
                    shall be reduced proportionally.

    For salaries and expenses necessary in carrying out the National 
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); 
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; 
not to exceed $9,000 for official reception and representation expenses; 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
rental of conference rooms in the District of Columbia; and 
reimbursement of the General Services Administration for security guard 
services; $220,000,000: Provided, That contracts may be entered into 
under ``Salaries and expenses'' in fiscal year 2004 for maintenance and 
operation of facilities, and for other services, to be provided during 
                          the next fiscal year.

    For necessary expenses (including payment of salaries, authorized 
travel, hire of passenger motor vehicles, the rental of conference rooms 
in the District of Columbia, and the employment of experts and 
consultants under section 3109 of title 5, United States Code) involved 
in carrying out section 4 of the National Science Foundation Act of 1950 
(42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), 
$3,900,000: Provided, That not more than $9,000 shall be available for 
official reception and representation expenses.

[[Page 118 STAT. 413]]

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$10,000,000, to remain available until September 30, 2005.

                  Neighborhood Reinvestment Corporation

    For payment to the Neighborhood Reinvestment Corporation for use in 
neighborhood reinvestment activities, as authorized by the Neighborhood 
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of 
  which $5,000,000 shall be for a multi-family rental housing program.

    Section 605(a) of the Neighborhood Reinvestment Corporation Act (42 
U.S.C. 8104) is amended by--
            (1) striking out ``compensation'' and inserting ``salary''; 
        and striking out ``highest rate provided for GS-18 of the 
        General Schedule under section 5332 of title 5 United States 
        Code''; and inserting ``rate for level IV of the Executive 
        Schedule''; and
            (2) inserting after the end the following sentence: ``The 
        Corporation shall also apply the provisions of section 
        5307(a)(1), (b)(1) and (b)(2) of title 5, United States Code, 
        governing limitations on certain pay as if its employees were 
        Federal employees receiving payments under title 5.''.

                        Selective Service System

    For necessary expenses of the Selective Service System, including 
expenses of attendance at meetings and of training for uniformed 
personnel assigned to the Selective Service System, as authorized by 5 
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or 
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of 
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and 
not to exceed $750 for official reception and representation expenses; 
$26,308,000: Provided, That during the current fiscal year, the 
President may exempt this appropriation from the provisions of 31 U.S.C. 
1341, whenever the President deems such action to be necessary in the 
interest of national defense: Provided further, That none of the funds 
appropriated by this Act may be expended for or in connection with the 
induction of any person into the Armed Forces of the United States.

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 402. No funds appropriated by this Act may be expended--
            (1) pursuant to a certification of an officer or employee of 
        the United States unless--

[[Page 118 STAT. 414]]

                    (A) such certification is accompanied by, or is part 
                of, a voucher or abstract which describes the payee or 
                payees and the items or services for which such 
                expenditure is being made; or
                    (B) the expenditure of funds pursuant to such 
                certification, and without such a voucher or abstract, 
                is specifically authorized by law; and
            (2) unless such expenditure is subject to audit by the 
        General Accounting Officer or is specifically exempt by law from 
        such audit.

    Sec. 403. None of the funds provided in this Act to any department 
or agency may be obligated or expended for: (1) the transportation of 
any officer or employee of such department or agency between the 
domicile and the place of employment of the officer or employee, with 
the exception of an officer or employee authorized such transportation 
under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook, 
chauffeur, or other personal servants to any officer or employee of such 
department or agency.
    Sec. 404. None of the funds provided in this Act may be used for 
payment, through grants or contracts, to recipients that do not share in 
the cost of conducting research resulting from proposals not 
specifically solicited by the Government: Provided, That the extent of 
cost sharing by the recipient shall reflect the mutuality of interest of 
the grantee or contractor and the Government in the research.
    Sec. 405. None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimbursement for 
payment of the salary of a consultant (whether retained by the Federal 
Government or a grantee) at more than the daily equivalent of the rate 
paid for level IV of the Executive Schedule, unless specifically 
authorized by law.
    Sec. 406. None of the funds provided in this Act may be used to pay 
the expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings. Nothing herein 
affects the authority of the Consumer Product Safety Commission pursuant 
to section 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et 
seq.).
    Sec. 407. <<NOTE: Contracts. Public information. Records.>> Except 
as otherwise provided under existing law, or under an existing Executive 
order issued pursuant to an existing law, the obligation or expenditure 
of any appropriation under this Act for contracts for any consulting 
service shall be limited to contracts which are: (1) a matter of public 
record and available for public inspection; and (2) thereafter included 
in a publicly available list of all contracts entered into within 24 
months prior to the date on which the list is made available to the 
public and of all contracts on which performance has not been completed 
by such date. The list required by the preceding sentence shall be 
updated quarterly and shall include a narrative description of the work 
to be performed under each such contract.

    Sec. 408. None of the funds appropriated in this Act may be used to 
implement any cap on reimbursements to grantees for indirect costs, 
except as published in Office of Management and Budget Circular A-21.
    Sec. 409. Such sums as may be necessary for fiscal year 2004 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.

[[Page 118 STAT. 415]]

    Sec. 410. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds made 
available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    Sec. 411. None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 412. <<NOTE: Lobbying.>> Except in the case of entities that 
are funded solely with Federal funds or any natural persons that are 
funded under this Act, none of the funds in this Act shall be used for 
the planning or execution of any program to pay the expenses of, or 
otherwise compensate, non-Federal parties to lobby or litigate in 
respect to adjudicatory proceedings funded in this 
Act. <<NOTE: Certification.>> A chief executive officer of any entity 
receiving funds under this Act shall certify that none of these funds 
have been used to engage in the lobbying of the Federal Government or in 
litigation against the United States unless authorized under existing 
law.

    Sec. 413. No part of any funds appropriated in this Act shall be 
used by an agency of the executive branch, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, and for the preparation, distribution or use of any 
kit, pamphlet, booklet, publication, radio, television or film 
presentation designed to support or defeat legislation pending before 
the Congress, except in presentation to the Congress itself.
    Sec. 414. All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public service 
activities.
    Sec. 415. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 416. None of the funds provided in this Act to any department 
or agency shall be obligated or expended to procure passenger 
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles per 
gallon average of less than 22 miles per gallon.
    Sec. 417. Section 312 of the National Aeronautics and Space 
Administration Act of 1958, as amended, <<NOTE: 42 USC 2459f.>> is 
further amended--
            (1) by striking the second Sec. ``312'' and inserting 
        ``313'';
            (2) by inserting the title, ``Full Cost Appropriations 
        Account Structure'', before Sec. 313;
            (3) in subsection (a)--
                    (A) by striking ``Human space flight'' and inserting 
                ``Space flight capabilities'';
                    (B) by striking ``technology'' and inserting 
                ``exploration''; and
                    (C) by striking ``2002'' and inserting ``2004''; and

[[Page 118 STAT. 416]]

            (4) by striking subsection (c), and inserting the following 
        new subsection:

    ``(c) The unexpired balances of prior appropriations to the 
Administration for activities authorized under this Act may be 
transferred to the new account established for such activity in 
subsection (a). Balances so transferred may be merged with funds in the 
newly established account and thereafter may be accounted for as one 
fund under the same terms and conditions.''.
    Sec. 418. None of the funds made available in this Act may be used 
to implement any policy prohibiting the Directors of the Veterans 
Integrated Service Networks from conducting outreach or marketing to 
enroll new veterans within their respective Networks.
    Sec. 419. None of the funds provided in this Act may be expended to 
apply, in a numerical estimate of the benefits of an agency action 
prepared pursuant to Executive Order No. 12866 or section 312 of the 
Clean Air Act (42 U.S.C. 7612), monetary values for adult premature 
mortality that differ based on the age of the adult.
    Sec. 420. It is the sense of Congress that no veteran should wait 
more than 30 days for an initial doctor's appointment.
    Sec. 421. It is the sense of the Congress that human dosing studies 
of pesticides raises ethical and health questions.
    Sec. 422. None of the funds made available to NASA in this Act may 
be used for voluntary separation incentive payments as provided for in 
subchapter II of chapter 35 of title 5, United States Code, unless the 
Administrator of NASA has first certified to Congress that such payments 
would not result in the loss of skills related to the safety of the 
Space Shuttle or the International Space Station or to the conduct of 
independent safety oversight in the National Aeronautics and Space 
Administration.
    Sec. 423. Section 106(d) of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5306(d)) is amended--
            (1) in paragraph (3)(A), by striking ``shall not exceed 2 
        percent'' and inserting ``shall not, subject to paragraph (6), 
        exceed 3 percent'';
            (2) in paragraph (5), by striking ``not to exceed 1 
        percent'' and inserting ``subject to paragraph (6), not to 
        exceed 3 percent'';
            (3) by redesignating the second paragraph (5) and paragraph 
        (6) as paragraphs (7) and (8), respectively; and
            (4) by inserting after paragraph (5) the following:
            ``(6) Of the amounts received under paragraph (1), the State 
        may deduct not more than an aggregate total of 3 percent of such 
        amounts for--
                    ``(A) administrative expenses under paragraph 
                (3)(A); and
                    ``(B) technical assistance under paragraph (5).''.

    Sec. 424. National Academy of Sciences Study. The matter under the 
heading ``administrative provisions'' under the heading ``Environmental 
Protection Agency'' in title III of division K of the Consolidated 
Appropriations Resolution, 2003 (117 Stat. 513), is amended--
            (1) in the first sentence of the fifth undesignated 
        paragraph (beginning ``As soon as''), by inserting before the 
        period at the end the following: ``, and the impact of the final 
        rule entitled `Prevention of Significant Deterioration (PSD) and 
        Nonattainment New Source Review (NSR): Equipment Replacement

[[Page 118 STAT. 417]]

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

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

    (b) <<NOTE: 42 USC 7407 note.>> Relationship to Transportation 
Equity Act for the 21st Century.--Except as provided in paragraphs (6) 
and (7) of section 107(d) of the Clean Air Act (as added by subsection 
(a)), section 6101, subsections (a) and (b) of section 6102, and section 
6103 of the Transportation Equity Act for the 21st Century (42 U.S.C. 
7407 note; 112 Stat. 463), as in effect on the day before the date of 
enactment of this Act, shall remain in effect.

    Sec. 426. (a) Treatment of Pioneer Homes in Alaska as State Home for 
Veterans.--The Secretary of Veterans Affairs may--

[[Page 118 STAT. 418]]

            (1) treat the Pioneer Homes in the State of Alaska 
        collectively as a single State home for veterans for purposes of 
        section 1741 of title 38, United States Code; and
            (2) make per diem payments to the State of Alaska for care 
        provided to veterans in the Pioneer Homes in accordance with the 
        provisions of that section.

    (b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary 
may treat the Pioneer Homes as a State home under subsection (a) 
notwithstanding the residency of non-veterans in one or more of the 
Pioneer Homes.
    (c) Pioneer Homes Defined.--In this section, the term ``Pioneer 
Homes'' means the six regional homes in the State of Alaska known as 
Pioneer Homes, which are located in the following:
            (1) Anchorage, Alaska.
            (2) Fairbanks, Alaska.
            (3) Juneau, Alaska.
            (4) Ketchikan, Alaska.
            (5) Palmer, Alaska.
            (6) Sitka, Alaska.

    (d) Limitation.--The number of beds occupied by veterans 
collectively in the six Pioneer Homes listed under subsection (c) for 
which per diem would be paid under this authority shall not exceed the 
number of veterans in State beds that otherwise would be permitted in 
Alaska under the Department of Veterans Affairs State home regulations 
governing the number of beds per veteran population.
    Sec. 427. <<NOTE: Space Shuttle Columbia.>> Of the amounts available 
to the National Aeronautics and Space Administration, such sums as maybe 
necessary for the benefit of the families of the astronauts who died on 
board the Space Shuttle Columbia on February 1, 2003, are available 
under the terms of section 203(c)(13) of the National Aeronautics and 
Space Act of 1958, as amended, independent of the limitations 
established therein.

    Sec. 428. <<NOTE: California.>> Regulation of Small Engines. (a) In 
considering any request from California to authorize the State to adopt 
or enforce standards of other requirements relating to the control of 
emissions from new non-road spark-ignition engines smaller than 50 
horsepower, the Administrator shall give appropriate consideration to 
safety factors (including the potential increased risk of burn or fire) 
associated with compliance with the California standard.

    (b) <<NOTE: Deadlines. 42 USC 7547 note.>> Not later than December 
1, 2004, the Administrator of the Environmental Protection Agency shall 
propose regulations under the Clean Air Act that shall contain standards 
to reduce emissions from new nonroad spark-ignition engines smaller than 
50 horsepower. <<NOTE: Federal Register, publication.>> Not later than 
December 31, 2005, the Administrator shall publish in the Federal 
Register final regulations containing such standards.

    (c) No State or any political subdivision thereof may adopt or 
attempt to enforce any standard or other requirement applicable to spark 
ignition engines smaller than 50 horsepower.
    (d) Exception for California.--The prohibition in subsection (e) 
does not apply to or restrict in any way the authority granted to 
California under section 209(e) of the Clean Air Act (42 U.S.C. 
7543(e)).
    (e) Exception for Other States.--The prohibition in subsection (c) 
does not apply to or restrict the authority of any State

[[Page 118 STAT. 419]]

under section 209(e)(2)(B) of the Clean Air Act (42 U.S.C. 
7543(e)(2)(B)) to enforce standards or other requirements that were 
adopted by that State before September 1, 2003.

                  TITLE V--PESTICIDE PRODUCTS AND FEES

    Sec. 501. <<NOTE: Pesticide Registration Improvement Act of 
2003.>> Pesticide registration.

    (a) Short Title.--This <<NOTE: 7 USC 136 note.>> section may be 
cited as the ``Pesticide Registration Improvement Act of 2003''.

    (b) Registration Requirements for Antimicrobial Pesticides.--Section 
3(h) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
U.S.C. 136a(h)) is amended--
            (1) in paragraph (2)(F), by striking ``90 to 180 days'' and 
        inserting ``120 days''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (D)(vi), by striking ``240 
                days'' and inserting ``120 days''; and
                    (B) in subparagraph (F), by adding at the end the 
                following:
                          ``(iv) Limitation.--Notwithstanding clause 
                      (ii), the failure of the Administrator to notify 
                      an applicant for an amendment to a registration 
                      for an antimicrobial pesticide shall not be 
                      judicially reviewable in a Federal or State court 
                      if the amendment requires scientific review of 
                      data within--
                                    ``(I) the time period specified in 
                                subparagraph (D)(vi), in the absence of 
                                a final regulation under subparagraph 
                                (B); or
                                    ``(II) the time period specified in 
                                paragraph (2)(F), if adopted in a final 
                                regulation under subparagraph (B).''.

    (c) Maintenance Fees.--
            (1) Amounts for registrants.--Section 4(i)(5) of the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
        1(i)(5)) is amended--
                    (A) in subparagraph (A)--
                          (i) by striking ``(A) Subject'' and inserting 
                      the following:
                    ``(A) In general.--Subject''; and
                          (ii) by striking ``of--'' and all that follows 
                      through ``additional registration'' and inserting 
                      ``for each registration'';
                    (B) in subparagraph (D)--
                          (i) by striking ``(D) The'' and inserting the 
                      following:
                    ``(D) Maximum amount of fees for registrants.--
                The'';
                          (ii) in clause (i), by striking ``shall be 
                      $55,000; and'' and inserting ``shall be--
                          ``(I) for fiscal year 2004, $84,000;
                          ``(II) for each of fiscal years 2005 and 2006, 
                      $87,000;
                          ``(III) for fiscal year 2007, $68,000; and
                          ``(IV) for fiscal year 2008, $55,000; and''; 
                      and
                          (iii) in clause (ii), by striking ``shall be 
                      $95,000.'' and inserting ``shall be--
                          ``(I) for fiscal year 2004, $145,000;

[[Page 118 STAT. 420]]

                          ``(II) for each of fiscal years 2005 and 2006, 
                      $151,000;
                          ``(III) for fiscal year 2007, $117,000; and
                          ``(IV) for fiscal year 2008, $95,000.''; and
                    (C) in subparagraph (E)--
                          (i) by striking ``(E)(i) For'' and inserting 
                      the following:
                    ``(E) Maximum amount of fees for small businesses.--
                          ``(i) In general.--For'';
                          (ii) by indenting the margins of subclauses 
                      (I) and (II) of clause (i) appropriately; and
                          (iii) in clause (i)--
                                    (I) subclause (I), by striking 
                                ``shall be $38,500; and'' and inserting 
                                ``shall be--
                                            ``(aa) for fiscal year 2004, 
                                        $59,000;
                                            ``(bb) for each of fiscal 
                                        years 2005 and 2006, $61,000;
                                            ``(cc) for fiscal year 2007, 
                                        $48,000; and
                                            ``(dd) for fiscal year 2008, 
                                        $38,500; and''; and
                                    (II) in subclause (II), by striking 
                                ``shall be $66,500.'' and inserting 
                                ``shall be--
                                            ``(aa) for fiscal year 2004, 
                                        $102,000;
                                            ``(bb) for each of fiscal 
                                        years 2005 and 2006, $106,000;
                                            ``(cc) for fiscal year 2007, 
                                        $82,000; and
                                            ``(dd) for fiscal year 2008, 
                                        $66,500.''.
            (2) Total amount of fees.--Section 4(i)(5)(C) of the Federal 
        Insecticide, Fungicide, and <<NOTE: 7 USC 136a-1.>> Rodenticide 
        Act (7 U.S.C. 136(a)-1(i)(5)(C)) is amended--
                    (A) by striking ``(C)(i) The'' and inserting the 
                following:
                    ``(C) Total amount of fees.--The''; and
                    (B) by striking ``aggregate amount'' and all that 
                follows through clause (ii) and inserting ``aggregate 
                amount of--
                          ``(i) for fiscal year 2004, $26,000,000;
                          ``(ii) for fiscal year 2005, $27,000,000;
                          ``(iii) for fiscal year 2006, $27,000,000;
                          ``(iv) for fiscal year 2007, $21,000,000; and
                          ``(v) for fiscal year 2008, $15,000,000.''.
            (3) Definition of small business.--Section 4(i)(5)(E)(ii) of 
        the Federal Insecticide, Fungicide, and Rodenticide Act (7 
        U.S.C. 136a-1(i)(5)(E)(ii)) is amended--
                    (A) by redesignating subclauses (I) and (II) as 
                items (aa) and (bb), respectively, and indenting the 
                margins appropriately;
                    (B) by striking ``(ii) For purposes of'' and 
                inserting the following:
                          ``(ii) Definition of small business.--
                                    ``(I) In general.--In'';
                    (C) in item (aa) (as so redesignated), by striking 
                ``150'' and inserting ``500'';
                    (D) in item (bb) (as so redesignated), by striking 
                ``gross revenue from chemicals that did not exceed 
                $40,000,000.'' and inserting ``global gross revenue from 
                pesticides that did not exceed $60,000,000.''; and
                    (E) by adding at the end the following:

[[Page 118 STAT. 421]]

                                    ``(II) Affiliates.--
                                            ``(aa) In general.--In the 
                                        case of a business entity with 1 
                                        or more affiliates, the gross 
                                        revenue limit under subclause 
                                        (I)(bb) shall apply to the gross 
                                        revenue for the entity and all 
                                        of the affiliates of the entity, 
                                        including parents and 
                                        subsidiaries, if applicable.
                                            ``(bb) Affiliated persons.--
                                        For the purpose of item (aa), 
                                        persons are affiliates of each 
                                        other if, directly or 
                                        indirectly, either person 
                                        controls or has the power to 
                                        control the other person, or a 
                                        third person controls or has the 
                                        power to control both persons.
                                            ``(cc) Indicia of control.--
                                        For the purpose of item (aa), 
                                        indicia of control include 
                                        interlocking management or 
                                        ownership, identity of interests 
                                        among family members, shared 
                                        facilities and equipment, and 
                                        common use of employees.''.
            (4) Extension of authority for collecting maintenance 
        fees.--Section 4(i)(5)(H) of the Federal Insecticide, Fungicide, 
        and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is amended by 
        striking ``2003'' and inserting ``2008''.
            (5) Reregistration and other activities.--Section 4(g)(2) of 
        the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 
        136a-1(g)(2)) is amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) In general.--The Administrator shall make a 
                determination as to eligibility for reregistration--
                          ``(i) for all active ingredients subject to 
                      reregistration under this section for which 
                      tolerances or exemptions from tolerances are 
                      required under the Federal Food, Drug, and 
                      Cosmetic Act (21 U.S.C. 301 et seq.), not later 
                      than the last date for tolerance reassessment 
                      established under section 408(q)(1)(C) of that Act 
                      (21 U.S.C. 346a(q)(1)(C)); and
                          ``(ii) for all other active ingredients 
                      subject to reregistration under this section, not 
                      later than October 3, 2008.'';
                    (B) in subparagraph (B)--
                          (i) by striking ``(B) Before'' and inserting 
                      the following:
                    ``(B) Product-specific data.--
                          ``(i) In general.--Before'';
                          (ii) by striking ``The Administrator'' and 
                      inserting the following:
                          ``(ii) Timing.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Administrator''; and
                          (iii) by adding at the end the following:
                                    ``(II) Extraordinary 
                                circumstances.--In the case of 
                                extraordinary circumstances, the 
                                Administrator may provide such a longer 
                                period, of not more than 2 additional 
                                years, for submission of data to the 
                                Administrator under this 
                                subparagraph.''; and

[[Page 118 STAT. 422]]

                    (C) in subparagraph (D)--
                          (i) by striking ``(D) If'' and inserting the 
                      following:
                    ``(D) Determination to not reregister.--
                          ``(i) In general.--If''; and
                          (ii) by adding at the end the following:
                          ``(ii) Timing for regulatory action.--
                      Regulatory action under clause (i) shall be 
                      completed as expeditiously as possible.''.

    (d) Other Fees.--
            (1) In general.--Section 4(i)(6) of the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(6)) is 
        amended--
                    (A) by striking ``During'' and inserting ``Except as 
                provided in section 33, during''; and
                    (B) by striking ``2003'' and inserting ``2010''.
            (2) Tolerance fees.--Notwithstanding <<NOTE: Effective 
        date. Termination date. 21 USC 346a note.>> section 408(m)(1) of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(1)), 
        during the period beginning on October 1, 2003, and ending on 
        September 30, 2008, the Administrator of the Environmental 
        Protection Agency shall not collect any tolerance fees under 
        that section.

    (e) Expedited Processing of Similar Applications.--Section 4(k)(3) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a-1(k)(3)) is amended--
            (1) in the paragraph heading, by striking ``Expedited'' and 
        inserting ``Review of inert ingredients; expedited''; and
            (2) in subparagraph (A)--
                    (A) by striking ``1997'' and all that follows 
                through ``of the maintenance fees'' and inserting ``2004 
                through 2006, approximately $3,300,000, and for each of 
                fiscal years 2007 and 2008, between \1/8\ and \1/7\, of 
                the maintenance fees'';
                    (B) by redesignating clauses (i), (ii), and (iii) as 
                subclauses (I), (II) and (III), respectively, and 
                indenting appropriately; and
                    (C) by striking ``resources to assure the expedited 
                processing and review of any application that'' and 
                inserting ``resources--
                          ``(i) to review and evaluate new inert 
                      ingredients; and
                          ``(ii) to ensure the expedited processing and 
                      review of any application
                      that--''.

    (f) Pesticide Registration Service Fees.--The Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
            (1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 
        136y) as sections 34 and 35, respectively; and
            (2) by inserting after section 32 (7 U.S.C. 136w-7) the 
        following:

``SEC. 33. <<NOTE: 7 USC 136w-8.>> PESTICIDE REGISTRATION SERVICE FEES.

    ``(a) Definition of Costs.--In this section, the term `costs', when 
used with respect to review and decisionmaking pertaining to an 
application for which registration service fees are paid under this 
section, means--
            ``(1) costs to the extent that--

[[Page 118 STAT. 423]]

                    ``(A) officers and employees provide direct support 
                for the review and decisionmaking for covered pesticide 
                applications, associated tolerances, and corresponding 
                risk and benefits information and analyses;
                    ``(B) persons and organizations under contract with 
                the Administrator engage in the review of the 
                applications, and corresponding risk and benefits 
                information and assessments; and
                    ``(C) advisory committees and other accredited 
                persons or organizations, on the request of the 
                Administrator, engage in the peer review of risk or 
                benefits information associated with covered pesticide 
                applications;
            ``(2) costs of management of information, and the 
        acquisition, maintenance, and repair of computer and 
        telecommunication resources (including software), used to 
        support review of pesticide applications, associated tolerances, 
        and corresponding risk and benefits information and analyses; 
        and
            ``(3) costs of collecting registration service fees under 
        subsections (b) and (c) and reporting, auditing, and accounting 
        under this section.

    ``(b) Fees.--
            ``(1) In general.--Effective <<NOTE: Effective 
        date.>> beginning on the effective date of the Pesticide 
        Registration Improvement Act of 2003, the Administrator shall 
        assess and collect covered pesticide registration service fees 
        in accordance with this section.
            ``(2) Covered pesticide registration applications.--
                    ``(A) In general.--An application for the 
                registration of a pesticide covered by this Act that is 
                received by the Administrator on or after the effective 
                date of the Pesticide Registration Improvement Act of 
                2003 shall be subject to a registration service fee 
                under this section.
                    ``(B) Existing applications.--
                          ``(i) In general.--Subject to clause (ii), an 
                      application for the registration of a pesticide 
                      that was submitted to the Administrator before the 
                      effective date of the Pesticide Registration 
                      Improvement Act of 2003 and is pending on that 
                      effective date shall be subject to a service fee 
                      under this section if the application is for the 
                      registration of a new active ingredient that is 
                      not listed in the Registration Division 2003 Work 
                      Plan of the Office of Pesticide Programs of the 
                      Environmental Protection Agency.
                          ``(ii) Tolerance or exemption fees.--The 
                      amount of any fee otherwise payable for an 
                      application described in clause (i) under this 
                      section shall be reduced by the amount of any fees 
                      paid to support the related petition for a 
                      pesticide tolerance or exemption under the Federal 
                      Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
                      seq.).
                    ``(C) Documentation.--An application subject to a 
                registration service fee under this section shall be 
                submitted with documentation certifying--
                          ``(i) payment of the registration service fee; 
                      or
                          ``(ii) a request for a waiver from or 
                      reduction of the registration service fee.
            ``(3) Schedule of covered applications and registration 
        service fees.--

[[Page 118 STAT. 424]]

                    ``(A) In general.--Not 
                later <<NOTE: Deadline. Federal Register, 
                publication.>> than 30 days after the effective date of 
                the Pesticide Registration Improvement Act of 2003, the 
                Administrator shall publish in the Federal Register a 
                schedule of covered pesticide registration applications 
                and corresponding registration service fees.
                    ``(B) Report.--Subject to paragraph (6), the 
                schedule shall be the same as the applicable schedule 
                appearing in the Congressional Record on pages S11631 
                through S11633, dated September 17, 2003.
            ``(4) Pending pesticide registration applications.--
                    ``(A) In general.--An applicant that submitted a 
                registration application to the Administrator before the 
                effective date of the Pesticide Registration Improvement 
                Act of 2003, but that is not required to pay a 
                registration service fee under paragraph (2)(B), may, on 
                a voluntary basis, pay a registration service fee in 
                accordance with paragraph (2)(B).
                    ``(B) Voluntary fee.--The Administrator may not 
                compel payment of a registration service fee for an 
                application described in subparagraph (A).
                    ``(C) Documentation.--An application for which a 
                voluntary registration service fee is paid under this 
                paragraph shall be submitted with documentation 
                certifying--
                          ``(i) payment of the registration service fee; 
                      or
                          ``(ii) a request for a waiver from or 
                      reduction of the registration service fee.
            ``(5) Resubmission of pesticide registration applications.--
        If a pesticide registration application is submitted by a person 
        that paid the fee for the application under paragraph (2), is 
        determined by the Administrator to be complete, and is not 
        approved or is withdrawn (without a waiver or refund), the 
        submission of the same pesticide registration application by the 
        same person (or a licensee, assignee, or successor of the 
        person) shall not be subject to a fee under paragraph (2).
            ``(6) Fee adjustment.--Effective for a covered pesticide 
        registration application received on or after October 1, 2005, 
        the Administrator shall--
                    ``(A) increase by 5 percent the service fee payable 
                for the application under paragraph (3); and
                    ``(B) <<NOTE: Federal Register, 
                publication.>> publish in the Federal Register the 
                revised registration service fee schedule.
            ``(7) Waivers and reductions.--
                    ``(A) In general.--An applicant for a covered 
                pesticide registration may request the Administrator to 
                waive or reduce the amount of a registration service fee 
                payable under this section under the circumstances 
                described in subparagraphs (D) through (G).
                    ``(B) Documentation.--
                          ``(i) In general.--A request for a waiver from 
                      or reduction of the registration service fee shall 
                      be accompanied by appropriate documentation 
                      demonstrating the basis for the waiver or 
                      reduction.
                          ``(ii) Certification.--The applicant shall 
                      provide to the Administrator a written 
                      certification, signed by a responsible officer, 
                      that the documentation submitted to support the 
                      waiver or reduction request is accurate.

[[Page 118 STAT. 425]]

                          ``(iii) Inaccurate documentation.--An 
                      application shall be subject to the applicable 
                      registration service fee payable under paragraph 
                      (3) if, at any time, the Administrator determines 
                      that--
                                    ``(I) the documentation supporting 
                                the waiver or reduction request is not 
                                accurate; or
                                    ``(II) based on the documentation or 
                                any other information, the waiver or 
                                reduction should not have been granted 
                                or should not be granted.
                    ``(C) <<NOTE: Deadline.>> Determination to grant or 
                deny request.--As soon as practicable, but not later 
                than 60 days, after the date on which the Administrator 
                receives a request for a waiver or reduction of a 
                registration service fee under this paragraph, the 
                Administrator shall--
                          ``(i) determine whether to grant or deny the 
                      request; and
                          ``(ii) <<NOTE: Notification.>> notify the 
                      applicant of the determination.
                    ``(D) Minor uses.--
                          ``(i) In general.--The Administrator may waive 
                      or reduce a registration service fee for an 
                      application for minor uses for a pesticide.
                          ``(ii) Supporting documentation.--An applicant 
                      requesting a waiver under this subparagraph shall 
                      provide supporting documentation that 
                      demonstrates, to the satisfaction of the 
                      Administrator, that anticipated revenues from the 
                      uses that are the subject of the application would 
                      be insufficient to justify imposition of the full 
                      application fee.
                    ``(E) IR-4 waiver.--The Administrator shall waive 
                the registration service fee for an application if the 
                Administrator determines that--
                          ``(i) the application is solely associated 
                      with a tolerance petition submitted in connection 
                      with the Inter-Regional Project Number 4 (IR-4) as 
                      described in section 2 of Public Law 89-106 (7 
                      U.S.C. 450i(e)); and
                          ``(ii) the waiver is in the public interest.
                    ``(F) Small businesses.--
                          ``(i) In general.--The Administrator shall 
                      waive 50 percent of the registration service fees 
                      payable by an entity for a covered pesticide 
                      registration application under this section if the 
                      entity is a small business (as defined in section 
                      4(i)(5)(E)(ii)) at the time of application.
                          ``(ii) Waiver of fees.--The Administrator 
                      shall waive all of the registration service fees 
                      payable by an entity under this section if the 
                      entity--
                                    ``(I) is a small business (as 
                                defined in section 4(i)(5)(E)(ii)) at 
                                the time of application; and
                                    ``(II) has average annual global 
                                gross revenues described in section 
                                4(i)(5)(E)(ii)(I)(bb) that does not 
                                exceed $10,000,000, at the time of 
                                application.
                          ``(iii) Formation for waiver.--The 
                      Administrator shall not grant a waiver under this 
                      subparagraph if the Administrator determines that 
                      the entity submitting the application has been 
                      formed or manipulated primarily for the purpose of 
                      qualifying for the waiver.

[[Page 118 STAT. 426]]

                          ``(iv) Documentation.--An entity requesting a 
                      waiver under this subparagraph shall provide to 
                      the Administrator--
                                    ``(I) documentation demonstrating 
                                that the entity is a small business (as 
                                defined in section 4(i)(5)(E)(ii)) at 
                                the time of application; and
                                    ``(II) if the entity is requesting a 
                                waiver of all registration service fees 
                                payable under this section, 
                                documentation demonstrating that the 
                                entity has an average annual global 
                                gross revenues described in section 
                                4(i)(5)(E)(ii)(I)(bb) that does not 
                                exceed $10,000,000, at the time of 
                                application.
                    ``(G) Federal and state agency exemptions.--An 
                agency of the Federal Government or a State government 
                shall be exempt from covered registration service fees 
                under this section.
            ``(8) Refunds.--
                    ``(A) Early withdrawals.--If, during the first 60 
                days after the beginning of the applicable decision time 
                review period under subsection (f)(3), a covered 
                pesticide registration application is withdrawn by the 
                applicant, the Administrator shall refund all but 10 
                percent of the total registration service fee payable 
                under paragraph (3) for the application.
                    ``(B) Withdrawals after the first 60 days of 
                decision review time period.--
                          ``(i) In general.--If a covered pesticide 
                      registration application is withdrawn after the 
                      first 60 days of the applicable decision time 
                      review period, the Administrator shall determine 
                      what portion, if any, of the total registration 
                      service fee payable under paragraph (3) for the 
                      application may be refunded based on the 
                      proportion of the work completed at the time of 
                      withdrawal.
                          ``(ii) Timing.--The Administrator shall--
                                    ``(I) <<NOTE: Deadline.>> make the 
                                determination described in clause (i) 
                                not later than 90 days after the date 
                                the application is withdrawn; and
                                    ``(II) provide any refund as soon as 
                                practicable after the determination.
                    ``(C) Discretionary refunds.--
                          ``(i) In general.--In the case of a pesticide 
                      registration application that has been filed with 
                      the Administrator and has not been withdrawn by 
                      the applicant, but for which the Administrator has 
                      not yet made a final determination, the 
                      Administrator may refund a portion of a covered 
                      registration service fee if the Administrator 
                      determines that the refund is justified.
                          ``(ii) Basis.--The Administrator may provide a 
                      refund for an application under this 
                      subparagraph--
                                    ``(I) on the basis that, in 
                                reviewing the application, the 
                                Administrator has considered data 
                                submitted in support of another 
                                pesticide registration application; or

[[Page 118 STAT. 427]]

                                    ``(II) on the basis that the 
                                Administrator completed portions of the 
                                review of the application before the 
                                effective date of this section.
                    ``(D) Credited fees.--In determining whether to 
                grant a refund under this paragraph, the Administrator 
                shall take into account any portion of the registration 
                service fees credited under paragraph (2) or (4).

    ``(c) Pesticide Registration Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a Pesticide Registration Fund to be used in 
        carrying out this section (referred to in this section as the 
        `Fund'), consisting of--
                    ``(A) such amounts as are deposited in the Fund 
                under paragraph (2);
                    ``(B) any interest earned on investment of amounts 
                in the Fund under paragraph (4); and
                    ``(C) any proceeds from the sale or redemption of 
                investments held in the Fund.
            ``(2) Deposits in fund.--Subject to paragraph (4), the 
        Administrator shall deposit fees collected under this section in 
        the Fund.
            ``(3) Expenditures from fund.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C) and paragraph (4), the Administrator may make 
                expenditures from the Fund--
                          ``(i) to cover the costs associated with the 
                      review and decisionmaking pertaining to all 
                      applications for which registration service fees 
                      have been paid under this section; and
                          ``(ii) to otherwise carry out this section.
                    ``(B) Worker protection.--For each of fiscal years 
                2004 through 2008, the Administrator shall use 
                approximately \1/17\ of the amount in the Fund (but not 
                more than $1,000,000, and not less than $750,000, for 
                any fiscal year) to enhance current scientific and 
                regulatory activities related to worker protection.
                    ``(C) New inert ingredients.--For each of fiscal 
                years 2004 and 2005, the Administrator shall use 
                approximately \1/34\ of the amount in the Fund (but not 
                to exceed $500,000 for any fiscal year) for the review 
                and evaluation of new inert ingredients.
            ``(4) Collections and appropriations acts.--The fees 
        authorized by this section and amounts deposited in the Fund--
                    ``(A) shall be collected and made available for 
                obligation only to the extent provided in advance in 
                appropriations Acts; and
                    ``(B) shall be available without fiscal year 
                limitation.
            ``(5) Unused funds.--Amounts in the Fund not currently 
        needed to carry out this section shall be--
                    ``(A) maintained readily available or on deposit;
                    ``(B) invested in obligations of the United States 
                or guaranteed by the United States; or
                    ``(C) invested in obligations, participations, or 
                other instruments that are lawful investments for 
                fiduciary, trust, or public funds.

    ``(d) Assessment of Fees.--

[[Page 118 STAT. 428]]

            ``(1) Definition of covered functions.--In this subsection, 
        the term `covered functions' means functions of the Office of 
        Pesticide Programs of the Environmental Protection Agency, as 
        identified in key programs and projects of the final operating 
        plan for the Environmental Protection Agency submitted as part 
        of the budget process for fiscal year 2002, regardless of any 
        subsequent transfer of 1 or more of the functions to another 
        office or agency or the subsequent transfer of a new function to 
        the Office of Pesticide Programs.
            ``(2) Minimum amount of appropriations.--For fiscal years 
        2004, 2005, and 2006 only, registration service fees may not be 
        assessed for a fiscal year under this section unless the amount 
        of appropriations for salaries, contracts, and expenses for the 
        functions (as in existence in fiscal year 2002) of the Office of 
        Pesticide Programs of the Environmental Protection Agency for 
        the fiscal year (excluding the amount of any fees appropriated 
        for the fiscal year) are equal to or greater than the amount of 
        appropriations for covered functions for fiscal year 2002 
        (excluding the amount of any fees appropriated for the fiscal 
        year).
            ``(3) Use of fees.--Registration service fees authorized by 
        this section shall be available, in the aggregate, only to 
        defray increases in the costs associated with the review and 
        decisionmaking for the review of pesticide registration 
        applications and associated tolerances (including increases in 
        the number of full-time equivalent positions in the 
        Environmental Protection Agency engaged in those activities) 
        over the costs for fiscal year 2002, excluding costs paid from 
        fees appropriated for the fiscal year.
            ``(4) Compliance.--The requirements of paragraph (2) shall 
        have been considered to have been met for any fiscal year if the 
        amount of appropriations for salaries, contracts, and expenses 
        for the functions (as in existence in fiscal year 2002) of the 
        Office of Pesticide Programs of the Environmental Protection 
        Agency for the fiscal year (excluding the amount of any fees 
        appropriated for the fiscal year) is not more than 3 percent 
        below the amount of appropriations for covered functions for 
        fiscal year 2002 (excluding the amount of any fees appropriated 
        for the fiscal year).
            ``(5) Subsequent authority.--If the Administrator does not 
        assess registration service fees under subsection (b) during any 
        portion of a fiscal year as the result of paragraph (2) and is 
        subsequently permitted to assess the fees under subsection (b) 
        during the fiscal year, the Administrator shall assess and 
        collect the fees, without any modification in rate, at any time 
        during the fiscal year, notwithstanding any provisions of 
        subsection (b) relating to the date fees are to be paid.

    ``(e) Reforms to Reduce Decision Time Review Periods.--To the 
maximum extent practicable consistent with the degrees of risk presented 
by pesticides and the type of review appropriate to evaluate risks, the 
Administrator shall identify and evaluate reforms to the pesticide 
registration process under this Act with the goal of reducing decision 
review periods in effect on the effective date of the Pesticide 
Registration Improvement Act of 2003 for pesticide registration actions 
for covered pesticide registration applications (including reduced risk 
applications).
    ``(f) Decision Time Review Periods.--

[[Page 118 STAT. 429]]

            ``(1) In general.--Not <<NOTE: Deadline. Federal Register, 
        publication.>> later than 30 days after the effective date of 
        the Pesticide Registration Improvement Act of 2003, the 
        Administrator shall publish in the Federal Register a schedule 
        of decision review periods for covered pesticide registration 
        actions and corresponding registration service fees under this 
        Act.
            ``(2) Report.--The schedule shall be the same as the 
        applicable schedule appearing in the Congressional Record on 
        pages S11631 through S11633, dated September 17, 2003.
            ``(3) <<NOTE: Applicability.>> Applications subject to 
        decision time review periods.--The decision time review periods 
        specified in paragraph (1) shall apply to--
                    ``(A) covered pesticide registration applications 
                subject to registration service fees under subsection 
                (b)(2);
                    ``(B) covered pesticide registration applications 
                for which an applicant has voluntarily paid registration 
                service fees under subsection (b)(4); and
                    ``(C) covered pesticide registration applications 
                listed in the Registration Division 2003 Work Plan of 
                the Office of Pesticide Programs of the Environmental 
                Protection Agency.
            ``(4) Start of decision time review period.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (C), (D), and (E), in the case of a 
                pesticide registration application accompanied by the 
                registration service fee required under this section, 
                the decision time review period begins 21 days after the 
                date on which the Administrator receives the covered 
                pesticide registration application.
                    ``(B) Completeness of application.--In conducting an 
                initial screening of an application, the Administrator 
                shall determine--
                          ``(i) whether--
                                    ``(I) the applicable registration 
                                service fee has been paid; or
                                    ``(II) the application contains a 
                                waiver or refund request; and
                          ``(ii) whether the application--
                                    ``(I) contains all necessary forms, 
                                data, draft labeling, and, documentation 
                                certifying payment of any registration 
                                service fee required under this section; 
                                or
                                    ``(II) establishes a basis for any 
                                requested waiver or reduction.
                    ``(C) Applications with waiver or reduction 
                requests.--
                          ``(i) In general.--In the case of an 
                      application submitted with a request for a waiver 
                      or reduction of registration service fees under 
                      subsection (b)(7), the decision time review period 
                      shall be determined in accordance with this 
                      subparagraph.
                          ``(ii) Request granted with no additional fees 
                      required.--If the Administrator grants the waiver 
                      or reduction request and no additional fee is 
                      required, the decision time review period begins 
                      on the earlier of--

[[Page 118 STAT. 430]]

                                    ``(I) the date on which the 
                                Administrator grants the request; or
                                    ``(II) the date that is 60 days 
                                after the date of receipt of the 
                                application.
                          ``(iii) Request granted with additional fees 
                      required.--If the Administrator grants the waiver 
                      or reduction request, in whole or in part, but an 
                      additional registration service fee is required, 
                      the decision time review period begins on the date 
                      on which the Administrator receives certification 
                      of payment of the applicable registration service 
                      fee.
                          ``(iv) Request denied.--If the Administrator 
                      denies the waiver or reduction request, the 
                      decision time review period begins on the date on 
                      which the Administrator receives certification of 
                      payment of the applicable registration service 
                      fee.
                    ``(D) Pending applications.--
                          ``(i) In general.--The start of the decision 
                      time review period for applications described in 
                      clause (ii) shall be the date on which the 
                      Administrator receives certification of payment of 
                      the applicable registration service fee.
                          ``(ii) Applications.--Clause (i) applies to--
                                    ``(I) covered pesticide registration 
                                applications for which voluntary fees 
                                have been paid under subsection (b)(4); 
                                and
                                    ``(II) covered pesticide 
                                registration applications received on or 
                                after the effective date of the 
                                Pesticide Registration Improvement Act 
                                of 2003 but submitted without the 
                                applicable registration service fee 
                                required under this section due to the 
                                inability of the Administrator to assess 
                                fees under subsection (d)(1).
                    ``(E) 2003 work plan.--In <<NOTE: Effective 
                date.>> the case of a covered pesticide registration 
                application listed in the Registration Division 2003 
                Work Plan of the Office of Pesticide Programs of the 
                Environmental Protection Agency, the decision time 
                review period begins on the date that is 30 days after 
                the effective date of the Pesticide Registration 
                Improvement Act of 2003.
            ``(5) Extension of decision time review period.--The 
        Administrator and the applicant may mutually agree in writing to 
        extend a decision time review period under this subsection.

    ``(g) Judicial Review.--
            ``(1) In general.--Any applicant adversely affected by the 
        failure of the Administrator to make a determination on the 
        application of the applicant for registration of a new active 
        ingredient or new use for which a registration service fee is 
        paid under this section may obtain judicial review of the 
        failure solely under this section.
            ``(2) Scope.--
                    ``(A) In general.--In an action brought under this 
                subsection, the only issue on review is whether the 
                Administrator failed to make a determination on the 
                application specified in paragraph (1) by the end of the 
                applicable decision time review period required under 
                subsection (f) for the application.

[[Page 118 STAT. 431]]

                    ``(B) Other actions.--No other action authorized or 
                required under this section shall be judicially 
                reviewable by a Federal or State court.
            ``(3) Timing.--
                    ``(A) In general.--A person may not obtain judicial 
                review of the failure of the Administrator to make a 
                determination on the application specified in paragraph 
                (1) before the expiration of the 2-year period that 
                begins on the date on which the decision time review 
                period for the application ends.
                    ``(B) Meeting with administrator.--To be eligible to 
                seek judicial review under this subsection, a person 
                seeking the review shall first request in writing, at 
                least 120 days before filing the complaint for judicial 
                review, a decision review meeting with the 
                Administrator.
            ``(4) Remedies.--The Administrator may not be required or 
        permitted to refund any portion of a registration service fee 
        paid in response to a complaint that the Administrator has 
        failed to make a determination on the covered pesticide 
        registration application specified in paragraph (1) by the end 
        of the applicable decision review period.

    ``(h) Accounting.--The Administrator shall--
            ``(1) provide an annual accounting of the registration 
        service fees paid to the Administrator and disbursed from the 
        Fund, by providing financial statements in accordance with--
                    ``(A) the Chief Financial Officers Act of 1990 
                (Public Law 101-576; 104 Stat. 2838) and amendments made 
                by that Act; and
                    ``(B) the Government Management Reform Act of 1994 
                (Public Law 103-356; 108 Stat. 3410) and amendments made 
                by that Act;
            ``(2) provide an accounting describing expenditures from the 
        Fund authorized under subsection (c); and
            ``(3) provide an annual accounting describing collections 
        and expenditures authorized under subsection (d).

    ``(i) Auditing.--
            ``(1) Financial statements of agencies.--For the purpose of 
        section 3515(c) of title 31, United States Code, the Fund shall 
        be considered a component of an executive agency.
            ``(2) Components.--The annual audit required under sections 
        3515(b) and 3521 of that title of the financial statements of 
        activities under this section shall include an analysis of--
                    ``(A) the fees collected under subsection (b) and 
                disbursed;
                    ``(B) compliance with subsection (f);
                    ``(C) the amount appropriated to meet the 
                requirements of subsection (d)(1); and
                    ``(D) the reasonableness of the allocation of the 
                overhead allocation of costs associated with the review 
                and decisionmaking pertaining to applications under this 
                section.
            ``(3) Inspector general.--The Inspector General of the 
        Environmental Protection Agency shall--
                    ``(A) conduct the annual audit required under this 
                subsection; and

[[Page 118 STAT. 432]]

                    ``(B) report the findings and recommendations of the 
                audit to the Administrator and to the appropriate 
                committees of Congress.

    ``(j) Personnel Levels.--All full-time equivalent positions 
supported by fees authorized and collected under this section shall not 
be counted against the agency-wide personnel level goals of the 
Environmental Protection Agency.
    ``(k) Reports.--
            ``(1) In general.--Not <<NOTE: Deadlines.>> later than March 
        1, 2005, and each March 1 thereafter through March 1, 2009, the 
        Administrator shall publish an annual report describing actions 
        taken under this section.
            ``(2) Contents.--The report shall include--
                    ``(A) a review of the progress made in carrying out 
                each requirement of subsections (e) and (f), including--
                          ``(i) the number of applications reviewed, 
                      including the decision times for each application 
                      specified in subsection (f);
                          ``(ii) the number of actions pending in each 
                      category of actions described in subsection 
                      (f)(3), as well as the number of inert 
                      ingredients;
                          ``(iii) to the extent determined appropriate 
                      by the Administrator and consistent with the 
                      authorities of the Administrator and limitations 
                      on delegation of functions by the Administrator, 
                      recommendations for--
                                    ``(I) expanding the use of self-
                                certification in all appropriate areas 
                                of the registration process;
                                    ``(II) providing for accreditation 
                                of outside reviewers and the use of 
                                outside reviewers to conduct the review 
                                of major portions of applications; and
                                    ``(III) reviewing the scope of use 
                                of the notification process to cover 
                                broader categories of registration 
                                actions; and
                          ``(iv) the use of performance-based contracts, 
                      other contracts, and procurement to ensure that--
                                    ``(I) the goals of this Act for the 
                                timely review of applications for 
                                registration are met; and
                                    ``(II) the registration program is 
                                administered in the most productive and 
                                cost effective manner practicable;
                    ``(B) a description of the staffing and resources 
                relating to the costs associated with the review and 
                decisionmaking pertaining to applications; and
                    ``(C) a review of the progress in meeting the 
                timeline requirements of section 4(g).
            ``(3) Method.--The Administrator shall publish a report 
        required by this subsection by such method as the Administrator 
        determines to be the most effective for efficiently 
        disseminating the report, including publication of the report on 
        the Internet site of the Environmental Protection Agency.

    ``(l) Savings Clause.--Nothing in this section affects any other 
duties, obligations, or authorities established by any other section of 
this Act, including the right to judicial review of duties, obligations, 
or authorities established by any other section of this Act.
    ``(m) Termination of Effectiveness.--

[[Page 118 STAT. 433]]

            ``(1) In general.--Except <<NOTE: Termination date.>> as 
        provided in paragraph (2), the authority provided by this 
        section terminates on September 30, 2008.
            ``(2) Phase out.--
                    ``(A) Fiscal year 2009.--During fiscal year 2009, 
                the requirement to pay and collect registration service 
                fees applies, except that the level of registration 
                service fees payable under this section shall be reduced 
                40 percent below the level in effect on September 30, 
                2008.
                    ``(B) Fiscal year 2010.--During fiscal year 2010, 
                the requirement to pay and collect registration service 
                fees applies, except that the level of registration 
                service fees payable under this section shall be reduced 
                70 percent below the level in effect on September 30, 
                2008.
                    ``(C) September 30, 2010.--
                Effective <<NOTE: Termination date.>> September 30, 
                2010, the requirement to pay and collect registration 
                service fees terminates.
                    ``(D) Decision review periods.--
                          ``(i) Pending applications.--In the case of an 
                      application received under this section before 
                      September 30, 2008, the application shall be 
                      reviewed in accordance with subsection (f).
                          ``(ii) New applications.--In the case of an 
                      application received under this section on or 
                      after September 30, 2008, subsection (f) shall not 
                      apply to the application.''.

    (g) Conforming Amendments.--The table of contents in section 1(b) of 
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 
136) is amended--
            (1) by striking the item relating to section 4(k)(3) and 
        inserting the following:

    ``(3) Review of inert ingredients; expedited processing of similar 
           applications.'';

        and
            (2) by striking the items relating to sections 30 and 31 and 
        inserting the following:

``Sec. 30. Minimum requirements for training of maintenance applicators 
           and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
        ``(a) In general.
        ``(b)(1) Minor use pesticide data.
        ``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pesticide registration service fees.
        ``(a) Definition of costs.
        ``(b) Fees.
            ``(1) In general.
            ``(2) Covered pesticide registration applications.
            ``(3) Schedule of covered applications and registration 
                            service fees.
            ``(4) Pending pesticide registration applications.
            ``(5) Resubmission of pesticide registration applications.
            ``(6) Fee adjustment.
            ``(7) Waivers and reductions.
            ``(8) Refunds.
        ``(c) Pesticide Registration Fund.
            ``(1) Establishment.
            ``(2) Transfers to Fund.
            ``(3) Expenditures from Fund.
            ``(4) Collections and appropriations Acts.
            ``(5) Unused funds.
        ``(d) Assessment of fees.
            ``(1) Definition of covered functions.

[[Page 118 STAT. 434]]

            ``(2) Minimum amount of appropriations.
            ``(3) Use of fees.
            ``(4) Compliance.
            ``(5) Subsequent authority.
        ``(e) Reforms to reduce decision time review periods.
        ``(f) Decision time review periods.
            ``(1) In general.
            ``(2) Report.
            ``(3) Applications subject to decision time review periods.
            ``(4) Start of decision time review period.
            ``(5) Extension of decision time review period.
        ``(g) Judicial review.
            ``(1) In general.
            ``(2) Scope.
            ``(3) Timing.
            ``(4) Remedies.
        ``(h) Accounting.
        ``(i) Auditing.
            ``(1) Financial statements of agencies.
            ``(2) Components.
            ``(3) Inspector General.
        ``(j) Personnel levels.
        ``(k) Reports.
            ``(1) In general.
            ``(2) Contents.
        ``(l) Savings clause.
        ``(m) Termination of effectiveness.
            ``(1) In general.
            ``(2) Phase out.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.

    (h) Effective Date.--Except <<NOTE: 7 USC 136a note.>> as otherwise 
provided in this section and the amendments made by this section, this 
section and the amendments made by this section take effect on the date 
that is 60 days after the date of enactment of this Act.

    This division may be cited as the ``Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 2004''.

   DIVISION H--MISCELLANEOUS <<NOTE: Miscellaneous Appropriations and 
Offsets Act, 2004. (including rescissions of funds) (including transfers 
                 of funds)>> APPROPRIATIONS AND OFFSETS

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2004, and for other purposes, namely: -
    Sec. 101. Section 1241(a)(3) of the Food Security Act of 1985 (16 
U.S.C. 3841(a)(3)) is amended by striking ``, using'' and all that 
follows through ``2013''.
    Sec. 102. (a) Of the funds appropriated under the heading 
``Emergency Preparedness and Response, Disaster Relief'' in chapter 2 of 
title I of Public Law 108-106, $225,000,000 are rescinded.
    (b) In addition to amounts appropriated in Public Law 108-108 for 
``Forest Service, Wildland Fire Management'' for hazardous fuels 
reduction, hazard mitigation, and rehabilitation activities of the 
Forest Service in southern California, $25,000,000, to remain available 
until expended.
    (c) In addition to amounts appropriated in Public Law 108-108 for 
``Forest Service, State and Private Forestry'' for hazard mitigation, 
fuels reduction, and forest health protection and mitigation activities 
on State and private lands in southern California, $25,000,000, to 
remain available until expended.

[[Page 118 STAT. 435]]

    (d) In addition to amounts made available elsewhere in this Act for 
the ``Department of Agriculture, Emergency Watershed Protection 
Program'' to carry out additional activities in response to the recent 
wildfires in southern California, including the provision of technical 
and financial assistance to respond to the tree mortality emergency in 
Los Angeles, Riverside, San Diego and San Bernardino Counties, 
California, $150,000,000, to remain available until expended.
    (e) For an additional amount for the tree assistance program in 
southern California under subtitle C of title X of the Farm Security and 
Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.), $12,500,000.
    (f) For an additional amount for the emergency conservation program 
in southern California under title IV of the Agricultural Credit Act of 
1978 (16 U.S.C. 2201 et seq.), $12,000,000.
    (g) For an additional amount for the livestock indemnity program in 
southern California under the heading ``COMMODITY CREDIT CORPORATION 
FUND'' in chapter 1 of title I of the 1999 Emergency Supplemental 
Appropriations Act (Public Law 106-31; 113 Stat. 59), $500,000.
    (h) The amounts provided or made available by this section are 
designated by the Congress as an emergency requirement pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.
    Sec. 103. In addition to amounts otherwise made available in this 
Act, for ``Office of Justice Programs--State and Local Law Enforcement 
Assistance'' for discretionary grants under the Edward Byrne Memorial 
State and Local Law Enforcement Assistance Programs for reimbursement to 
State and local law enforcement entities for security and related costs, 
including overtime, associated with the 2004 Presidential Candidate 
Nominating Conventions, $50,000,000, to remain available until September 
30, 2005.
    Sec. <<NOTE: Establishment.>> 104. (a) Commission on the Abraham 
Lincoln Study Abroad Fellowship Program.--There are appropriated, out of 
any money in the Treasury not otherwise appropriated, $500,000 to 
establish and fund a bipartisan Commission on the Abraham Lincoln Study 
Abroad Fellowship Program (in this section referred to as the 
``Commission'').

    (b) Recommendations and Development of Program.--
            (1) Recommendations.--The Commission shall recommend a 
        program to greatly expand the opportunity for students at 
        institutions of higher education in the United States to study 
        abroad, with special emphasis on studying in developing nations.
            (2) Development of program.--The Secretary of State, the 
        Secretary of Education, the Secretary of Commerce, and the 
        Secretary of Defense, in consultation with the Commission, shall 
        develop a program, described in paragraph (1), that assists a 
        diverse group of students and meets the growing need of the 
        United States to become more sensitive to the cultures of other 
        countries.

    (c) Composition.--
            (1) In general.--The Commission shall consist of 17 members 
        to be appointed as follows:
                    (A) Three members shall be appointed by the Majority 
                Leader of the Senate.

[[Page 118 STAT. 436]]

                    (B) Three members shall be appointed by the Minority 
                Leader of the Senate.
                    (C) Three members shall be appointed by the Speaker 
                of the House of Representatives.
                    (D) Three members shall be appointed by the Minority 
                Leader of the House of Representatives.
                    (E) One member shall be appointed by the President 
                from a list of candidates submitted by the Secretary of 
                State.
                    (F) One member shall be appointed by the President 
                from a list of candidates submitted by the Secretary of 
                Defense.
                    (G) One member shall be appointed by the President 
                from a list of candidates submitted by the Secretary of 
                Education.
                    (H) One member shall be appointed by the President 
                from a list of candidates submitted by the Secretary of 
                Commerce.
                    (I) One member shall be appointed jointly by the 
                individuals described in subparagraphs (A) through (D), 
                and such member shall serve as Chair of the Commission.
            (2) Types of individuals.--The Commission may consist of 
        members who are leaders in university exchange programs, leaders 
        in foreign policy, and business leaders with experience in 
        international trade.

    (d) Executive Director and Staff.--
            (1) Appointment of executive director.--The Chair of the 
        Commission may, without regard to the civil service laws and 
        regulations, appoint and terminate an executive director of the 
        Commission. The employment of an executive director shall be 
        subject to confirmation by the Commission. The Chair of the 
        Commission may fix the compensation of the executive director 
        without regard to the provisions of chapter 51 and subchapter 
        III of chapter 53 of title 5, United States Code, relating to 
        classification of positions and General Schedule pay rates, 
        except that the rate of pay for the executive director may not 
        exceed the rate payable for level V of the Executive Schedule 
        under section 5316 of such title.
            (2) Staff.--The executive director may appoint not more than 
        3 individuals to assist the executive director in carrying out 
        the duties of the executive director. The Chair of the 
        Commission may fix the compensation of the individuals appointed 
        by the executive director without regard to the provisions of 
        chapter 51 and subchapter III of chapter 53 of title 5, United 
        States Code, relating to classification of positions and General 
        Schedule pay rates, except that the rate of pay for such 
        individuals may not exceed the rate payable for level V of the 
        Executive Schedule under section 5316 of such title.

    (e) Compensation.--Members of the Commission shall not receive 
compensation for the performance of services for the Commission, but 
shall be allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the performance of 
services for the Commission.
    (f) Report.--Not <<NOTE: Deadline.>> later than December 1, 2004, 
the Commission shall submit a report to the appropriate committee of 
Congress

[[Page 118 STAT. 437]]

and the President on recommendations for a program to greatly expand the 
opportunity for students at institutions of higher education in the 
United States to study abroad.
    (g) Termination.--The Commission shall terminate not later than 
December 31, 2004.
    Sec. 105. (a) None of the funds made available under this Act may be 
obligated or expended to implement any measures to reduce overfishing 
and promote rebuilding of fish stocks managed under the Management Plan 
other than such measures set out in the final rule.
    (b) In this section:
            (1) The term ``final rule'' means the final rule of the 
        National Oceanic and Atmospheric Administration relating to the 
        Magnuson-Stevens Fishery Conservation and Management Act 
        Provisions; Fisheries of the Northeastern United States; 
        Northeast (NE) Multispecies Fishery that was published on June 
        27, 2003 (68 Fed. Reg. 38234).
            (2) The term ``Management Plan'' means the Northeast 
        Multispecies Fishery Management Plan prepared pursuant to 
        section 303 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1853).

    Sec. 106. In addition to amounts otherwise made available in this 
Act, for ``Supreme Court of the United States, Care of the Building and 
Grounds'', $16,000,000, to remain available until expended.
    Sec. 107. For an additional amount under the heading ``State and 
Local Law Enforcement Assistance, Office of Justice Programs'', 
$2,250,000, of which $750,000 shall only be available for the University 
of Southern Mississippi Rural Law Enforcement Training Initiative, 
$750,000 shall only be available for the Mississippi University for 
Women Institutional Security Program, and $750,000 shall only be 
available for the City of Jackson, Mississippi, Public Safety Automated 
Technologies Program.
    Sec. 108. Upon enactment of this Act, the Secretary of Defense shall 
make the following transfers of funds: Provided, That funds so 
transferred shall be merged with and shall be available for the same 
purpose and for the same time period as the appropriation to which 
transferred: Provided further, That the amounts shall be transferred 
between the following appropriations in the amounts specified:
            From:
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 1998/2007'':
                          CVN Refuelings, $29,000,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2003/2007'':
                          Outfitting, post delivery, conversions, and 
                      first destination transportation, $8,000,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2004/2008'':
                          Outfitting, post delivery, conversions, and 
                      first destination transportation, $11,800,000;
                          CVN Refuelings (AP), $16,600,000;
                    Under the heading, ``Research, Development, Test and 
                Evaluation, Navy, 2004/2005'', $9,200,000;
            To:

[[Page 118 STAT. 438]]

                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2004/2008'':
                          NSSN (AP), $37,200,000;
                          NSSN, $11,800,000;
                    Under the heading, ``Shipbuilding and Conversion, 
                Navy, 2002/2006'':
                          SSN Submarine Refuelings, $19,600,000; and
                    Under the heading, ``Defense Health Program'', 
                $6,000,000.

    Sec. 109. <<NOTE: Effective date.>> Effective immediately after the 
enactment of the National Defense Authorization Act for Fiscal Year 
2004, section 724(d)(2) of the National Defense Authorization Act for 
Fiscal Year 1997 (Public Law 104-201; 10 U.S.C. 1073 note) is amended--
            (1) in subparagraph (A)--
                    (A) by redesignating clauses (i) and (ii) as clauses 
                (ii) and (iii), respectively; and
                    (B) by inserting after ``who--'' the following new 
                clause (i):
            ``(i) do not have other primary health insurance coverage 
        (other than Medicare coverage) covering basic primary care and 
        inpatient and outpatient services;''; and
            (2) by striking subparagraph (B) and inserting the 
        following:

    ``(B) <<NOTE: Effective date.>> For each fiscal year beginning after 
September 30, 2003, the number of covered beneficiaries newly enrolled 
by designated providers pursuant to clause (ii) of subparagraph (A) 
during such fiscal year may not exceed 10 percent of the total number of 
the covered beneficiaries who are newly enrolled under such subparagraph 
during such fiscal year.''.

    Sec. 110. Section 853 of the National Defense Authorization Act 
for <<NOTE: 10 USC 2302 note.>> Fiscal Year 2004 is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

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

[[Page 118 STAT. 439]]

and Veterans Head Injury Program: Provided further, That these funds are 
in addition to funds provided in previous Acts.
    Sec. 113. (a) <<NOTE: Reports. Deadlines.>> The Secretary of Defense 
shall study issues related to the consolidation of the storage of 
mercury contained in the National Defense Stockpile under the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) and 
report to Congress on June 1, 2004, on the results of the study.

    (b) A decision to consolidate the storage of mercury to a site that 
currently does not store mercury contained in the National Defense 
Stockpile under the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98 et seq.) shall occur no earlier than 180 days after the 
date of the report required in subsection (a).
    Sec. 114. Notwithstanding any other provision of law, the Secretary 
of Defense may transfer up to $120,000,000 of funds available in the 
Iraq Freedom Fund to carry out the classified project described in the 
classified annex accompanying Public Law 107-206, and acquire such 
interests in real property as he deems necessary to carry out such 
project: Provided, That the Secretary may transfer such funds to other 
appropriation accounts of the Department, and the amounts so transferred 
shall be available for the same purposes and for the same time period as 
the appropriations to which transferred: Provided further, That this 
transfer authority is in addition to any other transfer authority 
available to the Department of Defense.
    Sec. 115. Of the amounts provided in Public Laws 107-117, 107-248, 
and 108-87 under the heading ``National Defense Sealift Fund'' for 
construction of additional sealift capacity, $40,000,000 shall be made 
available for the construction of a Port of Philadelphia marine cargo 
terminal for high-speed military sealift and other military purposes.
    Sec. 116. <<NOTE: Federal buildings and facilities.>> The Department 
of Veterans Affairs medical center in St. Petersburg, Florida, shall, 
after the end of the service of C. W. Bill Young as a Member of 
Congress, be known and designated as the ``C. W. Bill Young Department 
of Veterans Affairs Medical Center''. Any reference in any law, 
regulation, map, document, record, or other paper of the United States 
to such medical center shall be considered to be a reference to the ``C. 
W. Bill Young Department of Veterans Affairs Medical Center''.

    Sec. 117. <<NOTE: Alaska.>> Of the funds provided in Public Law 108-
7, under the heading of ``Department of Defense--Civil'', ``Department 
of the Army'', ``Corps of Engineers--Civil'', ``Construction, General'', 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with the construction of the False Pass, Alaska, 
project, in accordance with the Report of the Chief of Engineers, dated 
December 29, 2000.

    Sec. 118. The Secretary of the Army, acting through the Chief of 
Engineers, is hereby authorized and directed to design the Central 
Riverfront Park project on the Ohio Riverfront in Cincinnati, Ohio, as 
described in the Central Riverfront Park Master Plan performed by the 
City of Cincinnati, dated December 1999, and the section 905(b) 
analysis, performed by the Louisville District of the Corps of 
Engineers, dated August 2002. The cost of project work undertaken by the 
non-Federal interests, including but not limited to prior and current 
planning and design, shall be credited toward the non-Federal share of 
design costs.
    Sec. 119. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to use any remaining available funds

[[Page 118 STAT. 440]]

from funds appropriated in Public Law 101-101 for the Hamlet City Lake, 
North Carolina, project to provide assistance in carrying out any 
authorized water-related infrastructure projects in Richmond County, 
North Carolina.
    Sec. 120. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to snag and clear existing debris including trees 
in Deep River, near Lake Station, Indiana, under section 208 of the 
Flood Control Act of 1954, as amended.
    Sec. 121. Section 117, subsection (4), of the Energy and Water 
Development Appropriations Act, 2004, <<NOTE: 117 Stat. 1836.>> is 
amended to read as follows:
            ``(4) in subsection (h), by striking `2001--' and all that 
        follows and inserting `2001--$100,000,000 for Rural Nevada, and 
        $25,000,000 for each of Idaho, Montana, New Mexico, and rural 
        Utah, to remain available until expended.'.''.

    Sec. 122. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to use any remaining available funds from funds 
appropriated and made available in Public Law 103-316 for construction 
of the Savannah Harbor Deepening Project, Savannah, Georgia, for the 
Savannah Harbor Expansion Project, Savannah, Georgia.
    Sec. 123. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to proceed with the construction of the Columbia 
River Channel Improvements, Oregon and Washington, project in accordance 
with the Report of the Chief of Engineers, dated December 23, 1999, and 
the economic justification and environmental features stated therein, as 
amended by the Final Supplemental Environmental Impact Statement dated 
January 28, 2003.
    Sec. 124. The Secretary of the Army, acting through the Chief of 
Engineers, is directed to use previously appropriated funds to proceed 
with design and initiate construction to complete the Stillwater, 
Minnesota, Levee and Flood Control project.
    Sec. 125. Of the funds made available in the Energy and Water 
Development Appropriations Act, 2004, to the Western Area Power 
Administration, up to $166,100,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to the ``Construction, Rehabilitation, 
Operation and Maintenance, Western Area Power Administration'' account 
as offsetting collections.
    Sec. 126. Of the funds provided for the development of the new 
molecular imaging probes in the statement of managers to accompany H.R. 
2754, $5,000,000 shall be provided to the University of California, Los 
Angeles for the continued efforts for PET imaging, systems biology and 
nanotechnology.
    Sec. 127. <<NOTE: 50 USC 2601 note.>> Funds appropriated in this, or 
any other Act hereafter, may not be obligated to pay, on behalf of the 
United States or a contractor or subcontractor of the United States, to 
post a bond or fulfill any other financial responsibility requirement 
relating to closure or post-closure care and monitoring of Sandia 
National Laboratories and properties held or managed by Sandia National 
Laboratories prior to implementation of closure or post-closure 
monitoring. The State of New Mexico or any other entity may not enforce 
against the United States or a contractor or subcontractor of the United 
States, in this year or any other fiscal year, a requirement to post 
bond or any other financial responsibility

[[Page 118 STAT. 441]]

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

[[Page 118 STAT. 442]]

    Sec. 136. (a) The National Flood Insurance Act of 1968 is amended--
            (1) in section 1319 (42 U.S.C. 4026), by striking ``December 
        31, 2003'' and inserting ``June 30, 2004.'';
            (2) in the first sentence of section 1309(a) (42 U.S.C. 
        4016(a)), by striking ``December 31, 2003'' and inserting ``the 
        date specified in section 1319'';
            (3) in section 1336(a) (42 U.S.C. 4056(a)), by striking 
        ``December 31, 2003'' and inserting ``on the date specified in 
        section 1319''; and
            (4) in section 1376(c) (42 U.S.C. 4127(c)), by striking 
        ``December 31, 2003'' and inserting ``the date specified in 
        section 1319''.

    (b) <<NOTE: Effective date. 46 USC 4016 note. 46 USC 10601 
note.>> The amendments made by this section shall be considered to have 
taken effect on December 31, 2003.

    Sec. 137. (a) Section 441(c) of the Maritime Transportation Security 
Act of 2002 (Public Law 107-295) is amended--
            (1) by striking ``and that is not the subject of an action 
        prior to June 20, 2002, alleging a breach of subsections (a) and 
        (b) of section 10601 as in effect on such date,''; and
            (2) by striking ``such subsections'' and inserting 
        ``subsections (a) and (b) of section 10601 of title 46, United 
        States Code, as in effect prior to November 25, 2002''.

    (b) <<NOTE: Applicability. 42 USC 10601 note.>> The amendments made 
by subsection (a) apply to all proceedings pending on or commenced after 
the date of enactment of this Act.

    Sec. 138. Public Law 108-108 is amended under the heading ``Bureau 
of Indian Affairs, Construction'' <<NOTE: 16 USC 410jjj.>> by striking 
``25 U.S.C. 2005(a)'' and inserting ``25 U.S.C. 2005(b)'' and by 
striking ``25 U.S.C. 2505(f)'' and inserting ``25 U.S.C. 2504(f)''.

    Sec. 139. Congaree National Park Boundary Revision. (a) In 
General.--Subsection (c) of the first section of Public Law 94-545 (90 
Stat. 2517; 102 Stat. 2607) is amended by striking paragraph (6) and 
inserting the following:
            ``(6) Effect.--Nothing in this section--
                    ``(A) affects the use of private land adjacent to 
                the park;
                    ``(B) preempts the authority of the State with 
                respect to the regulation of hunting, fishing, boating, 
                and wildlife management on private land or water outside 
                the boundaries of the park;
                    ``(C) shall negatively affect the economic 
                development of the areas surrounding the park; or
                    ``(D) affects the classification of the park under 
                section 162 of the Clean Air Act (42 U.S.C. 7472).''.

    (b) <<NOTE: 16 USC 1132 note.>> Designation of Congaree National 
Park Wilderness.--
            (1) Designation.--The wilderness established by section 2(a) 
        of the Congaree Swamp National Monument Expansion and Wilderness 
        Act (102 Stat. 2606) and known as the ``Congaree Swamp National 
        Monument Wilderness'' shall be known and designated as the 
        ``Congaree National Park Wilderness''.
            (2) References.--Any reference in a law, map, regulation, 
        document, paper, or other record of the United States to the 
        wilderness referred to in paragraph (1) shall be deemed to be a 
        reference to the ``Congaree National Park Wilderness''.

    Sec. 140. Section 123 of the Department of the Interior and Related 
Agencies <<NOTE: 117 Stat. 1268.>> Appropriations Act, 2004 (Public Law 
108-108),

[[Page 118 STAT. 443]]

is amended by striking ``any other governmental land management entity'' 
and inserting ``any other land management entity''.
    Sec. 141. <<NOTE: Effective date.>> Effective as of November 18, 
2003, section 9 of Public Law 100-692 (102 Stat. 4556; 16 U.S.C. 461 
note.) is amended to read as follows:

``SEC. 9. <<NOTE: 16 USC 461 note.>> TERMINATION OF COMMISSION.

    ``The Commission shall terminate on November 18, 2007.''.
    Sec. 142. Title IV of Public Law 108-108 is amended in section 
403(b)(4) <<NOTE: 117 Stat. 1319.>> by striking ``75-5-703(10)(b)'' and 
inserting ``75-5-703(10)(c)''.

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

    Sec. 144. Public Law 108-108 is hereby amended by adding at the end 
of section 344 <<NOTE: 117 Stat. 1318.>> the following:

    ``(c) Exemptions.--The requirements of this section shall not apply 
to amounts in this Act designated as emergency requirements pursuant to 
section 502 of H. Con. Res. 95 (108th Congress), the concurrent 
resolution on the budget for fiscal year 2004.
    ``(d) <<NOTE: Applicability. Reports.>> Indian Land and Water Claim 
Settlements.--Under the heading `Bureau of Indian Affairs, Indian Land 
and Water Claim Settlements and Miscellaneous Payments to Indians', the 
across-the-board rescission in this section, and any subsequent across-
the-board rescission for fiscal year 2004, shall apply only to the first 
dollar amount in the paragraph and the distribution of the rescission 
shall be at the discretion of the Secretary of the Interior who shall 
submit a report on such distribution and the rationale therefor to the 
House and Senate Committees on Appropriations.''.

    Sec. <<NOTE: Mississippi. 16 USC 668dd note.>> 145. Theodore 
Roosevelt National Wildlife Refuge. (a) Definitions.--In this section:
            (1) County.--The term ``county'' means each of the counties 
        of Leflore, Holmes, Humphreys, Sharkey, Warren, and Washington 
        in the State.
            (2) Refuge.--The term ``Refuge'' means the Theodore 
        Roosevelt National Wildlife Refuge established under subsection 
        (b).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) State.--The term ``State'' means the State of 
        Mississippi.

    (b) Establishment.--The Secretary shall establish the Theodore 
Roosevelt National Wildlife Refuge, consisting of approximately 6,600 
acres of land that--
            (1) as of the date of enactment of this Act, is owned by the 
        United States;
            (2) was formerly in the inventory of the United States 
        Department of Agriculture; and
            (3) is located in the counties.

    (c) Map.--As soon as practicable after the date of enactment of this 
Act, the Secretary shall prepare a map depicting the boundaries of the 
Refuge.

[[Page 118 STAT. 444]]

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

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

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

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

[[Page 118 STAT. 445]]

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

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

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

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

[[Page 118 STAT. 446]]

        takes any actions that may have the potential to significantly 
        affect Native Hawaiian resources, rights, or lands.

    Sec. 149. Lease of Tribally-owned Land by Assiniboine and Sioux 
Tribes of the Fort Peck Reservation. The first section of the Act of 
August 9, 1955 (25 U.S.C. 415), is amended by adding at the end the 
following:
    ``(g) Lease of Tribally-Owned Land by Assiniboine and Sioux Tribes 
of the Fort Peck Reservation.--
            ``(1) In general.--Notwithstanding subsection (a) and any 
        regulations under part 162 of title 25, Code of Federal 
        Regulations (or any successor regulation), subject to paragraph 
        (2), the Assiniboine and Sioux Tribes of the Fort Peck 
        Reservation may lease to the Northern Border Pipeline Company 
        tribally-owned land on the Fort Peck Indian Reservation for 1 or 
        more interstate gas pipelines.
            ``(2) Conditions.--A lease entered into under paragraph 
        (1)--
                    ``(A) shall commence during fiscal year 2011 for an 
                initial term of 25 years;
                    ``(B) may be renewed for an additional term of 25 
                years; and
                    ``(C) shall specify in the terms of the lease an 
                annual rental rate--
                          ``(i) which rate shall be increased by 3 
                      percent per year on a cumulative basis for each 5-
                      year period; and
                          ``(ii) the adjustment of which in accordance 
                      with clause (i) shall be considered to satisfy any 
                      review requirement under part 162 of title 25, 
                      Code of Federal Regulations (or any successor 
                      regulation).''.

    Sec. 150. (a) Short Title. This <<NOTE: Fern Lake Conservation and 
Recreation Act. Kentucky. Tennessee. 16 USC 268a.>> Act may be cited as 
the ``Fern Lake Conservation and Recreation Act''.

    (b) Findings and Purposes.--
            (1) Findings.--The Congress finds the following:
                    (A) Fern Lake and its surrounding watershed in Bell 
                County, Kentucky, and Claiborne County, Tennessee, is 
                within the potential boundaries of Cumberland Gap 
                National Historical Park as originally authorized by the 
                Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 et 
                seq.).
                    (B) The acquisition of Fern Lake and its surrounding 
                watershed and its inclusion in Cumberland Gap National 
                Historical Park would protect the vista from Pinnacle 
                Overlook, which is one of the park's most valuable 
                scenic resources and most popular attractions, and 
                enhance recreational opportunities at the park.
                    (C) Fern Lake is the water supply source for the 
                city of Middlesboro, Kentucky, and environs.
                    (D) The 4,500-acre Fern Lake watershed is privately 
                owned, and the 150-acre lake and part of the watershed 
                are currently for sale, but the Secretary of the 
                Interior is precluded by the first section of the Act of 
                June 11, 1940 (16 U.S.C. 261), from using appropriated 
                funds to acquire the lands.
            (2) Purposes.--The purposes of the Act are--
                    (A) to authorize the Secretary of the Interior to 
                use appropriated funds if necessary, in addition to 
                other

[[Page 118 STAT. 447]]

                acquisition methods, to acquire from willing sellers 
                Fern Lake and its surrounding watershed, in order to 
                protect scenic and natural resources and enhance 
                recreational opportunities at Cumberland Gap National 
                Historical Park; and
                    (B) to allow the continued supply of water from Fern 
                Lake to the city of Middlesboro, Kentucky, and environs.

    (c) Land Acquisition and Conveyance Authority, Fern Lake, Cumberland 
Gap National Historical Park.--
            (1) Definitions.--In this section:
                    (A) Fern lake.--The term ``Fern Lake'' means Fern 
                Lake located in Bell County, Kentucky, and Claiborne 
                County, Tennessee.
                    (B) Land.--The term ``land'' means land, water, 
                interests in land, and any improvements on the land.
                    (C) Park.--The term ``park'' means Cumberland Gap 
                National Historical Park, as authorized and established 
                by the Act of June 11, 1940 (54 Stat. 262; 16 U.S.C. 261 
                et seq.).
                    (D) Secretary.--The term ``Secretary'' means the 
                Secretary of the Interior, acting through the Director 
                of the National Park Service.
            (2) Acquisition authorized.--The Secretary may acquire for 
        addition to the park lands consisting of approximately 4,500 
        acres and containing Fern Lake and its surrounding watershed, as 
        generally depicted on the map entitled ``Cumberland Gap National 
        Historical Park, Fern Lake Watershed'', numbered 380/80,004, and 
        dated May 2001. The map shall be on file in the appropriate 
        offices of the National Park Service.
            (3) Boundary adjustment and administration.--Subject to 
        paragraph (4), the Secretary shall revise the boundaries of the 
        park to include the land acquired under paragraph (2). The 
        Secretary shall administer the acquired lands as part of the 
        park in accordance with the laws and regulations applicable to 
        the park.
            (4) Conveyance of fern lake.--
                    (A) Conveyance required.--If the Secretary acquires 
                Fern Lake, the Secretary shall convey, notwithstanding 
                any other law and without consideration, to the city of 
                Middlesboro, Kentucky, all right, title, and interest of 
                the United States in and to Fern Lake, up to the normal 
                operating elevation of 1,200.4 feet above sea level, 
                along with the dam and all appurtenances associated with 
                the withdrawal and delivery of water from Fern Lake.
                    (B) Terms of conveyance.--In executing the 
                conveyance under subparagraph (4)(A), the Secretary may 
                retain an easement for scenic and recreational purposes.
                    (C) Reversionary interest.--In the event Fern Lake 
                is no longer used as a source of municipal water supply 
                for the city of Middlesboro, Kentucky, and its environs, 
                ownership of Fern Lake shall revert to the United States 
                and it shall be managed by the Secretary as part of the 
                park.
            (5) Consultation requirements.--In order to better manage 
        lands acquired under this section in a manner that will 
        facilitate the provision of water for municipal needs, as well

[[Page 118 STAT. 448]]

        as the establishment and promotion of new recreational 
        opportunities at the park, the Secretary shall consult with--
                    (A) appropriate officials in the States of Kentucky, 
                Tennessee, and Virginia, and political subdivisions of 
                these States;
                    (B) organizations involved in promoting tourism in 
                these States; and
                    (C) other interested parties.

    Sec. 151. (a) <<NOTE: Congress. 2 USC 121g.>> The Attending 
Physician to Congress shall have the authority and responsibility for 
overseeing and coordinating the use of medical assets in response to a 
bioterrorism event and other medical contingencies or public health 
emergencies occurring within the Capitol Buildings or the United States 
Capitol Grounds. This shall include the authority to enact quarantine 
and to declare death. These actions will be carried out in close 
cooperation and communication with the Commissioner of Public Health, 
Chief Medical Examiner, and other Public Health Officials of the 
District of Columbia government.

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

    (c) <<NOTE: Effective date. Applicability.>> Subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
during any fiscal year occurring on or after such date.

    Sec. 152. (a) <<NOTE: 2 USC 1820 note.>> Notwithstanding section 
907(a) of Public Law 107-206 (116 Stat. 977) or section 1102 of the 
Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)), the 
Architect of the Capitol, at any time after the date of the enactment of 
this Act and subject to the availability of appropriations, may enter 
into an agreement to acquire by lease any portion of the real property 
located at 499 South Capitol Street Southwest in the District of 
Columbia for the use of the United States Capitol Police.

    (b) Any real property acquired by the Architect of the Capitol 
pursuant to subsection (a) shall be subject to the provisions of the Act 
entitled ``An Act to define the area of the United States Capitol 
Grounds, to regulate the use thereof, and for other purposes'', approved 
July 31, 1946.
    Sec. <<NOTE: 22 USC 276n.>> 153. The United States Senate-China 
Interparliamentary Group. (a) Establishment and Meetings.--Not to exceed 
12 Senators shall be appointed to meet annually with representatives of 
the National People's Congress of the People's Republic of China for 
discussion of common problems in the interest of relations between the 
United States and China. The Senators so appointed shall be referred to 
as the ``United States group'' of the United States Senate-China 
Interparliamentary Group.

    (b) Appointment of Members.--The President pro tempore of the Senate 
shall appoint Senators under this section upon the recommendations of 
the majority and minority leaders of the Senate. The President pro 
tempore of the Senate shall designate 1 Senator as the Chair of the 
United States group.
    (c) Funding.--There is authorized to be appropriated $100,000 for 
each fiscal year to assist in meeting the expenses of the United States 
group for each fiscal year for which an appropriation is

[[Page 118 STAT. 449]]

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

    Sec. <<NOTE: 22 USC 276o.>> 154. The United States Senate-Russia 
Interparliamentary Group. (a) Establishment and Meetings.--Not to exceed 
12 Senators shall be appointed to meet annually with representatives of 
the Federation Council of Russia for discussion of common problems in 
the interest of relations between the United States and Russia. The 
Senators so appointed shall be referred to as the ``United States 
group'' of the United States Senate-Russia Interparliamentary Group.

    (b) Appointment of Members.--The majority and minority leaders of 
the Senate shall appoint the Senators of the United States group. The 
majority leader of the Senate shall designate 1 Senator as the Chair of 
the United States group.
    (c) Funding.--There is authorized to be appropriated $100,000 for 
each fiscal year to assist in meeting the expenses of the United States 
group for each fiscal year for which an appropriation is made. 
Appropriations shall be disbursed on vouchers to be approved by the 
Chair of the United States group.
    (d) Certification of Expenditures.--The certificate of the Chair of 
the United States group shall be final and conclusive upon the 
accounting officers in the auditing of the accounts of the United States 
group.
    (e) Fiscal Year 2004 Funding.--There is authorized within the 
contingent fund of the Senate under the appropriation account 
``miscellaneous items'' $75,000 for fiscal year 2004 to assist in 
meeting the official expenses of the United States Senate-Russia 
Interparliamentary Group including conference room expenses, hospitality 
expenses, and food and food-related expenses. Expenses shall be paid on 
vouchers to be approved by the Chair of the United States group. The 
Secretary of the Senate is authorized to advance such sums as necessary 
to carry out this subsection.
    (f) Appropriations.--There are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year

[[Page 118 STAT. 450]]

ending September 30, 2004, $100,000 for the United States Senate-Russia 
Interparliamentary Group.
    (g) <<NOTE: Applicability.>> Effective Date.--
            (1) In general.--Subsections (a) though (d) shall apply to 
        fiscal year 2004, and each fiscal year thereafter.
            (2) Fiscal year 2004.--Subsections (e) and (f) shall apply 
        to fiscal year 2004.

    Sec. <<NOTE: 2 USC 61d-4.>> 155. Payment of Expenses of the Chaplain 
of the Senate From the Contingent Fund of the Senate. (a) In General.--
For each fiscal year there is authorized to be expended from the 
contingent fund of the Senate an amount, not in excess of $50,000 for 
the Chaplain of the Senate. Payments under this section shall be made 
only for expenses actually incurred by the Chaplain of the Senate in 
carrying out his functions, and shall be made upon certification and 
documentation of the expenses involved, by the Chaplain claiming payment 
under this section and upon vouchers approved by the Chaplain and by the 
Committee on Rules and Administration. Funds authorized for expenditure 
under this section may be used to purchase food or food related items.

    (b) Repeal of Revolving Fund.--
            (1) Repeal.--Section 2 of the Legislative Branch 
        Appropriations Act, 1996 (2 U.S.C. 61d-3) is repealed.
            (2) Remaining funds.--Any funds in the Chaplain Expense 
        Revolving Fund on the date of the repeal under this section 
        shall be remitted to the general fund of the United States 
        Treasury.

    (c) Effective Date.--This <<NOTE: Applicability.>> section shall 
apply with respect to fiscal year 2004, and each fiscal year thereafter.

    Sec. 156. (a) <<NOTE: 2 USC 95e.>> There is established in the House 
of Representatives a fund to be known as the ``House of Representatives 
Revolving Fund'', consisting of the following amounts:
            (1) Amounts appropriated to the Fund.
            (2) Amounts donated to the Fund.
            (3) Interest on the balance of the Fund.

    (b) Amounts in the Fund shall be expended at the direction of the 
Chief Administrative Officer of the House of Representatives, upon 
notification provided by the Chief Administrative Officer to the 
Committee on Appropriations of the House of Representatives, and shall 
remain available until expended.
    (c) <<NOTE: Applicability.>> This section shall apply with respect 
to fiscal year 2004 and each succeeding fiscal year.

    Sec. 157. Recomputation of Benefits Guaranteed in Connection With 
the Termination of the Republic Steel Retirement Plan. (a) In General.--
The Pension Benefit Guaranty Corporation shall recompute the liability 
for monthly benefits guaranteed under section 4022 of the Employee 
Retirement Income Security Act of 1974 which are payable (without regard 
to this section) with respect to each participant and beneficiary under 
the Republic Steel Retirement Plan in connection with its termination on 
September 30, 1986.
    (b) Adjustment of Guaranteed Benefit Amounts.--In recomputing the 
liability for monthly guaranteed benefits pursuant to subsection (a) 
with respect to each participant or beneficiary, the Corporation shall 
increase the amount of such liability (as determined without regard to 
this section) by--

[[Page 118 STAT. 451]]

            (1) the amount of the liability for nonguaranteed benefits 
        under the LTV Steel Supplemental Pension Plan, as in effect with 
        respect to such participant or beneficiary on January 1, 2001, 
        and
            (2) the amount of the liability for nonguaranteed benefits 
        payable through the trust established in connection with the 
        Republic Steel Plan under section 4049 of the Employee 
        Retirement Income Security Act of 1974, as in effect with 
        respect to such participant or beneficiary on January 1, 2001.

    (c) Certain Benefits Disregarded.--In making the recalculation under 
this section, the Corporation shall disregard--
            (1) the amount of any benefits which were not paid during 
        the period beginning with January 1, 2001, and ending with 
        December 31, 2003, under the LTV Steel Supplemental Pension Plan 
        or through the section 4049 trust referred to in subsection 
        (b)(2),
            (2) any liability for benefits under the LTV Steel 
        Supplemental Pension Plan or through the section 4049 trust 
        referred to in subsection (b)(2) that were included in the LTV 
        Steel Salaried Defined Benefit Retirement Plan, as in effect on 
        January 1, 1999,
            (3) any liability for additional benefits that were included 
        in the LTV Steel Supplemental Pension Plan to compensate for any 
        liability of participants and beneficiaries under chapter 21 of 
        the Internal Revenue Code of 1986 in connection with benefits 
        payable under such Plan, and
            (4) any liability under the LTV Steel Supplemental Pension 
        Plan for temporary supplements.

    (d) Timing and Application of Determinations.--Determinations of the 
increase in liability pursuant to subsection (b) shall be made as of 
December 31, 2003, using the mortality and interest assumptions 
otherwise applicable to plan terminations under title IV of the Employee 
Retirement Income Security Act of 1974 on such 
date. <<NOTE: Applicability.>> The recomputation under this section 
shall apply only with respect to benefits payable after such date.

    Sec. 158. In addition to amounts appropriated or otherwise made 
available in other Acts, $9,692,000 is hereby appropriated to the 
Department of Defense Family Housing Improvement Fund, to remain 
available until expended, for family housing initiatives undertaken 
pursuant to the provisions of subchapter IV of chapter 169, title 10, 
United States Code: Provided, That such funds shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of such subchapter: 
Provided further, That of the funds available in the ``Foreign Currency 
Fluctuations, Construction, Defense'' account, $9,692,000 are rescinded.
    Sec. 159. For an additional amount to carry out section 257 of the 
Help America Vote Act of 2002, $1,000,000,000, to remain available until 
expended: Provided, That no more than \1/10\ of 1 percent of funds 
available for requirements payments under section 257 of the Help 
America Vote Act of 2002 shall be allocated to any territory.
    Sec. 160. (a) Designation.--The <<NOTE: Federal buildings and 
facilities.>> United States courthouse located at 333 Lomas Blvd. N.W. 
in Albuquerque, New Mexico, shall be known and designated as the ``Pete 
V. Domenici United States Courthouse''.

[[Page 118 STAT. 452]]

    (b) References.--Any reference in law, map, regulation, document, 
paper, or other record of the United States to the United States 
courthouse referred to in subsection (a) shall be deemed to be a 
reference to the ``Pete V. Domenici United States Courthouse''.
    Sec. 161. <<NOTE: 25 USC 450 note.>> The Director of the Office of 
Management and Budget shall hereafter consult with Alaska Native 
corporations on the same basis as Indian tribes under Executive Order 
No. 13175.

    Sec. 162. Notwithstanding any other provision of law, in addition to 
amounts provided in this or any other Act for fiscal year 2004, 
$50,000,000, to be derived from the Highway Trust Fund and to remain 
available until expended, of which $44,000,000 shall be for 
reconstruction of the Treasure Island Bridge in Treasure Island, Florida 
and of which $6,000,000 shall be for necessary road improvements and 
design of a plaza at the John F. Kennedy Center for the Performing Arts 
in Washington, D.C.
    Sec. 163. Section 802(b)(1) of the Japanese Imperial Government 
Disclosure Act of <<NOTE: 5 USC 552 note.>> 2000 (Public Law 106-567; 
114 Stat. 2865) is amended by striking ``3 years'' and inserting ``4 
years''.

    Sec. 164. <<NOTE: Alaska. Grants.>> The funds made available for 
Alaska Natives under the heading ``Native American Housing Block 
Grants'' in title II of division G of this Act shall be allocated to the 
same Native Alaskan Indian housing block grant recipients that received 
the funds in fiscal year 2003.

    Sec. 165. In addition to the amounts otherwise provided in this or 
any other Act for fiscal year 2004, for ``Department of Housing and 
Urban Development, Community Development Fund'', $10,000,000 to remain 
available until expended for a grant to the Anchorage Museum in 
Anchorage, Alaska for facilities construction.
    Sec. 166. The Secretary of a military department may use the 
authority provided in section 2667(a) of title 10, United States Code, 
to lease military family housing in the National Capital Region (as 
defined in section 2674 of such title) to key and essential personnel 
for continuity of government purposes.
    Sec. 167. Notwithstanding any other provision of law, in addition to 
amounts otherwise provided in this or any other Act for fiscal year 
2004, $55,000,000 is appropriated, to be available until expended, to be 
distributed as follows: for Department of Energy, Energy Programs, 
``Energy Supply'', $12,400,000 for expenses related to the purchase, 
construction, operation of facilities, and acquisition of plant and 
capital equipment for facilities that produce fuels from agricultural 
and animal wastes, to the Society for Energy and Environmental Research, 
a not-for-profit energy research and development institution, to 
administer the program; for Department of Transportation, Federal 
Aviation Administration, ``Grants-in-aid for airports'', $2,000,000 for 
the extension of a runway at Fort Worth Alliance Airport, Fort Worth, 
Texas; for Department of Transportation, Federal Highway Administration, 
$1,000,000, for Rock County Road, Janesville, Wisconsin; for Department 
of Transportation, Federal Highway Administration, $2,500,000, for 
improvements to I-75 in Lee County, Florida; for Department of Veterans 
Affairs, Departmental Administration, ``Construction; major projects'', 
$500,000 for the preliminary planning of a new ambulatory clinic at the 
Defense Supply Center, Columbus in Columbus, Ohio; for ``Small Business 
Administration, Salaries and Expenses'', $500,000, to be available for a 
grant to the University of Wisconsin-Green Bay to establish a paper 
science technology

[[Page 118 STAT. 453]]

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

[[Page 118 STAT. 454]]

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

[[Page 118 STAT. 455]]

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

[[Page 118 STAT. 456]]

University, Tarrytown, New York, for a mentoring project to enhance the 
academic and social development of Latina girls at Sleepy Hollow Middle 
School; for Department of Education, $500,000, for Northern Kentucky 
University, Highland Heights, Kentucky, for the Urban Learning Center to 
expand access to postsecondary education; for Department of Education, 
$500,000, for Iron County School District, Cedar City, Utah, for a 
student achievement management information system; for Department of 
Education, $200,000, for Western Maine Technical College, South Paris, 
Maine, for education programs and marketing activities; for Department 
of Education, $275,000, for the YMCA of the Triangle Area, Raleigh, 
North Carolina, for youth mentoring, character education and leadership 
activities; for Department of Education, $325,000, for Communities in 
Schools of Northeast Texas, Inc., Pflugerville, Texas, for educational 
services for at-risk students; for the Institute of Museum and Library 
Services, $300,000, for The Hudson River Museum, Yonkers, New York, for 
the ``Hudson River Access'' science education project; for the Institute 
of Museum and Library Services, $375,000, for the Tubman African 
American Museum, Macon, Georgia, for exhibits, education programs and 
outreach activities; for the Institute of Museum and Library Services, 
$300,000, for the Maine Discovery Museum, Bangor, Maine, for exhibits 
and education programs; for the Institute of Museum and Library 
Services, $225,000, for the North Carolina State Museum of Natural 
Sciences, Raleigh, North Carolina, to develop exhibits and education 
programs; for the Department of Housing and Urban Development, 
``Community Development Fund'', Economic Development Initiative program, 
for carrying out targeted economic investments, $3,010,000, to be 
allocated in the amounts and under the terms and conditions specified on 
pages 33 through 60 of House Report No. 108-235 for projects numbered 
35, 52, 60, 61, 174, 175, 177, 181, 195, 223, 250, 265, 297, 333, 408, 
409, 410, 421, 438, 439, 441, 496, 509, 574, and 583; and for the 
Environmental Protection Agency, ``State and Tribal Assistance Grants'' 
to local communities for repair, replacement or upgrading of their 
drinking water, wastewater or storm water infrastructure or for water 
quality protection activities, $600,000, to be allocated under the terms 
and conditions specified on pages 111 through 127 of House Report No. 
108-235 for projects numbered 121 and 226.
    Sec. 168. (a) Rescissions.--From unobligated balances of amounts 
made available in Public Law 107-38, and in Public Law 107-117, and in 
appropriations Acts for the Department of Defense, $1,800,000,000 is 
hereby rescinded: Provided, That the Director of the Office of 
Management and Budget, after consultation with the Committees on 
Appropriations of the House and Senate and the Secretary of Defense, 
shall determine the amounts to be rescinded from each account that is to 
be so <<NOTE: Effective date.>> reduced: Provided further, That the 
rescissions shall take effect no later than September 30, 2004: Provided 
further, <<NOTE: Notification.>> That the Director of the Office of 
Management and Budget shall notify the Committees on Appropriations of 
the House and Senate 30 days prior to rescinding such amounts: Provided 
further, That such notification shall include the accounts, programs, 
projects and activities from which the funds will be rescinded: Provided 
further, That this section shall not apply to any amounts appropriated 
or otherwise made available

[[Page 118 STAT. 457]]

by the seventh proviso under the heading ``Emergency Response Fund'' in 
Public Law 107-38.
    (b) Across-the-Board Rescissions.--There is hereby rescinded an 
amount equal to 0.59 percent of--
            (1) the budget authority provided (or obligation limitation 
        imposed) for fiscal year 2004 for any discretionary account in 
        divisions A through H of this Act and in any other fiscal year 
        2004 appropriation Act (except any fiscal year 2004 supplemental 
        appropriation Act, the Department of Defense Appropriations Act, 
        2004, or the Military Construction Appropriations Act, 2004);
            (2) the budget authority provided in any advance 
        appropriation for fiscal year 2004 for any discretionary account 
        in any prior fiscal year appropriation Act; and
            (3) the contract authority provided in fiscal year 2004 for 
        any program subject to limitation contained in any division or 
        appropriation Act subject to paragraph (1).

    (c) Proportionate Application.--Any rescission made by subsection 
(b) shall be applied proportionately--
            (1) to each discretionary account and each item of budget 
        authority described in such subsection; and
            (2) within each such account and item, to each program, 
        project, and activity (with programs, projects, and activities 
        as delineated in the appropriation Act or accompanying reports 
        for the relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation Acts, as 
        delineated in the most recently submitted President's budget).

    (d) OMB Report.--Within <<NOTE: Deadline.>> 30 days after the date 
of the enactment of this section the Director of the Office of 
Management and Budget shall submit to the Committees on Appropriations 
of the House of Representatives and the Senate a report specifying the 
account and amount of each rescission made pursuant to subsection (b).

    This division may be cited as the ``Miscellaneous Appropriations and 
Offsets Act, 2004''.

    Approved January 23, 2004.

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

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

                                  <all>
```